Connecticut 2024 Regular Session

Connecticut House Bill HB05475 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3		-	LCO 1 of 6
	3	+	LCO No. 1772 1 of 8
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5		-	General Assembly ~~Substitute~~ Bill No. 5475
	5	+	General Assembly Raised Bill No. 5475
6	6		February Session, 2024
	7	+	LCO No. 1772
	8	+
	9	+
	10	+	Referred to Committee on PLANNING AND DEVELOPMENT
	11	+
	12	+
	13	+	Introduced by:
	14	+	(PD)
7	15
8	16
9	17
10	18
11		-
12		-	AN ACT CONCERNING THE DEVELOPMENT OF HOUSING ,
13		-	CHALLENGES TO CERTAIN DECISIONS OF MUNICIPAL AGENCIES ,
14		-	AND THE CONVERSION OF VACANT NURSING HOMES INTO
15		-	MULTIFAMILY HOUSING .
	19	+	AN ACT CONCERNING THE DEVELOPMENT OF HOUSING AND
	20	+	CHALLENGES TO CERTAIN DECISIONS OF MUNICIPAL AGENCIES.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19		-	Section 1. Section 22a-19 of the general statutes is repealed and the 1
20		-	following is substituted in lieu thereof (Effective October 1, 2024): 2
21		-	(a) (1) In any administrative, licensing or other proceeding, and in 3
22		-	any judicial review thereof made available by law, except as provided 4
23		-	in subsection (c) of this section, the Attorney General, any political 5
24		-	subdivision of the state, any instrumentality or agency of the state or of 6
25		-	a political subdivision thereof, any person, partnership, corporation, 7
26		-	association, organization or other legal entity may intervene as a party 8
27		-	on the filing of a verified pleading asserting that the proceeding or 9
28		-	action for judicial review involves conduct which has, or which is 10
29		-	reasonably likely to have, the effect of unreasonably polluting, 11
30		-	impairing or destroying the public trust in the air, water or other natural 12
31		-	resources of the state. 13
32		-	(2) The verified pleading shall contain specific factual allegations 14
33		-	setting forth the nature of the alleged unreasonable pollution, 15
34		-	impairment or destruction of the public trust in air, water or other 16 Substitute Bill No. 5475
	24	+	Section 1. Subdivision (1) of subsection (a) of section 8-8 of the general 1
	25	+	statutes is repealed and the following is substituted in lieu thereof 2
	26	+	(Effective October 1, 2024): 3
	27	+	(1) "Aggrieved person" means a person [aggrieved by] who claims to 4
	28	+	have suffered (A) actual damage to real property owned by such person, 5
	29	+	or (B) an impairment of such person's right, title or interest in real 6
	30	+	property, resulting from a decision of a board and includes any officer, 7
	31	+	department, board or bureau of the municipality charged with 8
	32	+	enforcement of any order, requirement or decision of the board. [In the 9
	33	+	case of a decision by a zoning commission, planning commission, 10
	34	+	combined planning and zoning commission or zoning board of appeals, 11
	35	+	"aggrieved person" includes any person owning land in this state that 12
	36	+	abuts or is within a radius of one hundred feet of any portion of the land 13
	37	+	involved in the decision of the board.] 14
	38	+	Sec. 2. Section 8-7 of the general statutes is repealed and the following 15 Raised Bill No. 5475
35	39
36	40
37		-	LCO 2 of 6
38	41
39		-	natural resources of the state and should be sufficient to allow the 17
40		-	reviewing authority to determine from the verified pleading whether 18
41		-	the intervention implicates an issue within the reviewing authority's 19
42		-	jurisdiction. For purposes of this section, "reviewing authority" means 20
43		-	the board, commission or other decision-making authority in any 21
44		-	administrative, licensing or other proceeding or the court in any judicial 22
45		-	review. 23
46		-	(b) In any administrative, licensing or other proceeding, the agency 24
47		-	shall consider the alleged unreasonable pollution, impairment or 25
48		-	destruction of the public trust in the air, water or other natural resources 26
49		-	of the state and no conduct shall be authorized or approved which does, 27
50		-	or is reasonably likely to, have such effect as long as, considering all 28
51		-	relevant surrounding circumstances and factors, there is a feasible and 29
52		-	prudent alternative consistent with the reasonable requirements of the 30
53		-	public health, safety and welfare. 31
54		-	(c) (1) For the purposes of this subsection, (A) "residential building 32
55		-	permit application" means any building permit application submitted 33
56		-	in connection with the proposed construction or renovation of a 34
57		-	structure that contains one or more dwelling units, and (B) "dwelling 35
58		-	unit" has the same meaning as provided in section 47a-1. 36
59		-	(2) No person, partnership, corporation, association, organization or 37
60		-	other legal entity may intervene as a party on the filing of a verified 38
61		-	pleading in any administrative proceeding, or in any judicial review 39
62		-	thereof pursuant to this section, if such proceeding or review concerns 40
63		-	a residential building permit application unless such person, 41
64		-	partnership, corporation, association, organization or other legal entity 42
65		-	owns real property that abuts or is within a radius of one hundred feet 43
66		-	of any portion of the land subject to such permit application. 44
67		-	Sec. 2. Subsection (b) of section 8-3 of the 2024 supplement to the 45
68		-	general statutes is repealed and the following is substituted in lieu 46
69		-	thereof (Effective October 1, 2024): 47
70		-	(b) Such regulations and boundaries shall be established, changed or 48 Substitute Bill No. 5475
	42	+	LCO No. 1772 2 of 8
	43	+
	44	+	is substituted in lieu thereof (Effective October 1, 2024): 16
	45	+	The concurring vote of four members of the zoning board of appeals 17
	46	+	shall be necessary to reverse any order, requirement or decision of the 18
	47	+	official charged with the enforcement of the zoning regulations or to 19
	48	+	decide in favor of the applicant any matter upon which it is required to 20
	49	+	pass under any bylaw, ordinance, rule or regulation or to vary the 21
	50	+	application of the zoning bylaw, ordinance, rule or regulation. An 22
	51	+	appeal may be taken to the zoning board of appeals by any [person] 23
	52	+	aggrieved person, as defined in section 8-8, as amended by this act, or 24
	53	+	by any officer, department, board or bureau of any municipality 25
	54	+	aggrieved. [and] Such appeal shall be taken within such time as is 26
	55	+	prescribed by a rule adopted by said board, or, if no such rule is adopted 27
	56	+	by the board, within thirty days, by filing with the zoning commission 28
	57	+	or the officer from whom the appeal has been taken and with said board 29
	58	+	a notice of appeal specifying the grounds thereof. Such appeal period 30
	59	+	shall commence for an aggrieved person at the earliest of the following: 31
	60	+	[(1)] Upon (1) receipt of the order, requirement or decision from which 32
	61	+	such person may appeal, (2) [upon] the publication of a notice in 33
	62	+	accordance with subsection (f) of section 8-3, or (3) [upon] actual or 34
	63	+	constructive notice of such order, requirement or decision. The officer 35
	64	+	from whom the appeal has been taken shall forthwith transmit to said 36
	65	+	board all the papers constituting the record upon which the action 37
	66	+	appealed from was taken. An appeal shall not stay any such order, 38
	67	+	requirement or decision [which] that prohibits further construction or 39
	68	+	expansion of a use in violation of such zoning regulations except to such 40
	69	+	extent that the board grants a stay thereof. An appeal from any other 41
	70	+	order, requirement or decision shall stay all proceedings in the action 42
	71	+	appealed from unless the zoning commission or the officer from whom 43
	72	+	the appeal has been taken certifies to the zoning board of appeals after 44
	73	+	the notice of appeal has been filed that by reason of facts stated in the 45
	74	+	certificate a stay would cause imminent peril to life or property, in 46
	75	+	which case proceedings shall not be stayed, except by a restraining order 47
	76	+	which may be granted by a court of record on application, on notice to 48
	77	+	the zoning commission or the officer from whom the appeal has been 49 Raised Bill No. 5475
71	78
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73		-	LCO 3 of 6
74	80
75		-	repealed only by a majority vote of all the members of the zoning 49
76		-	commission, except as otherwise provided in this chapter. In making its 50
77		-	decision the commission shall take into consideration the plan of 51
78		-	conservation and development, prepared pursuant to section 8-23, and 52
79		-	shall state on the record its findings [on] concerning the consistency of 53
80		-	the proposed establishment, change or repeal of such regulations and 54
81		-	boundaries with such plan. If a protest against a proposed change is 55
82		-	filed at or before a hearing with the zoning commission, signed by the 56
83		-	owners of twenty per cent or more of the area of the lots included in 57
84		-	such proposed change, [or of the lots within five hundred feet in all 58
85		-	directions of the property included in the proposed change,] such 59
86		-	change shall not be adopted except by a vote of two-thirds of all the 60
87		-	members of the commission. 61
88		-	Sec. 3. (NEW) (Effective October 1, 2024) (a) Notwithstanding any 62
89		-	provision of chapter 440 of the general statutes, the legislative body of 63
90		-	any municipality may, after consultation with the inland wetlands 64
91		-	agency of such municipality established pursuant to section 22a-42 of 65
92		-	the general statutes and holding a public hearing, adopt an ordinance 66
93		-	identifying an area or areas of such municipality as (1) having existing 67
94		-	commercial or retail uses and having water, sewer and other 68
95		-	infrastructure adequate to support increased development in such area 69
96		-	or areas, or (2) being appropriate for increased development under such 70
97		-	municipality's plan of conservation and development. Such ordinance 71
98		-	may provide that any proposed development in such area or areas need 72
99		-	not be approved by the inland wetlands agency of such municipality, 73
100		-	provided any such development shall be subject to a soil erosion and 74
101		-	sediment control plan, as defined in section 22a-327 of the general 75
102		-	statutes, approved by the agency designated to grant such approvals by 76
103		-	the municipality. 77
104		-	(b) Any ordinance adopted by a municipality pursuant to this section 78
105		-	shall be reviewed by such municipality not less than once every seven 79
106		-	years to determine if the area or areas identified in such ordinance 80
107		-	continue to meet the criteria set forth in subsection (a) of this section. 81 Substitute Bill No. 5475
	81	+	LCO No. 1772 3 of 8
	82	+
	83	+	taken and on due cause shown. The board shall hold a public hearing 50
	84	+	on such appeal in accordance with the provisions of section 8-7d. Such 51
	85	+	board may reverse or affirm wholly or partly or may modify any order, 52
	86	+	requirement or decision appealed from and shall make such order, 53
	87	+	requirement or decision as in its opinion should be made in the premises 54
	88	+	and shall have all the powers of the officer from whom the appeal has 55
	89	+	been taken but only in accordance with the provisions of this section. 56
	90	+	Whenever a zoning board of appeals grants or denies any special 57
	91	+	exception or variance in the zoning regulations applicable to any 58
	92	+	property or sustains or reverses wholly or partly any order, requirement 59
	93	+	or decision appealed from, it shall state upon its records the reason for 60
	94	+	its decision and the zoning bylaw, ordinance or regulation which is 61
	95	+	varied in its application or to which an exception is granted and, when 62
	96	+	a variance is granted, describe specifically the exceptional difficulty or 63
	97	+	unusual hardship on which its decision is based. Notice of the decision 64
	98	+	of the board shall be published in a newspaper having a substantial 65
	99	+	circulation in the municipality and addressed by certified mail to any 66
	100	+	person who appeals to the board, by its secretary or clerk, under [his] 67
	101	+	such secretary or clerk's signature in any written, printed, typewritten 68
	102	+	or stamped form, within fifteen days after such decision has been 69
	103	+	rendered. In any case in which such notice is not published within such 70
	104	+	fifteen-day period, the person who requested or applied for such special 71
	105	+	exception or variance or took such appeal may provide for the 72
	106	+	publication of such notice within ten days thereafter. Such exception or 73
	107	+	variance shall become effective upon the filing of a copy thereof in the 74
	108	+	(A) [in the] office of the town, city or borough clerk, as the case may be, 75
	109	+	but, in the case of a district, in the offices of both the district clerk and 76
	110	+	the town clerk of the town in which such district is located, and (B) [in 77
	111	+	the] land records of the town in which the affected premises are located, 78
	112	+	in accordance with the provisions of section 8-3d. 79
	113	+	Sec. 3. Section 22a-43 of the general statutes is repealed and the 80
	114	+	following is substituted in lieu thereof (Effective October 1, 2024): 81
	115	+	(a) The commissioner, or any person [aggrieved by] who claims to 82
	116	+	have suffered (1) actual damage to real property owned by such person, 83 Raised Bill No. 5475
108	117
109	118
110		-	LCO 4 of 6
111	119
112		-	Sec. 4. (NEW) (Effective October 1, 2024) (a) For the purposes of this 82
113		-	section, (1) "as of right" has the same meaning as provided in subsection 83
114		-	(b) of section 8-1a of the general statutes, (2) "dwelling unit" has the same 84
115		-	meaning as provided in section 47a-1 of the general statutes, (3) 85
116		-	"multifamily housing" has the same meaning as provided in section 8-86
117		-	13m of the general statutes, and (4) "nursing home" has the same 87
118		-	meaning as provided in section 19a-490 of the general statutes. 88
119		-	(b) Any zoning regulations adopted by a municipality pursuant to 89
120		-	section 8-2 of the general statutes shall allow for the conversion of any 90
121		-	nursing home into multifamily housing as of right, provided (1) such 91
122		-	nursing home is a freestanding facility, and (2) the owner of such 92
123		-	nursing home has declared, in writing to the municipality, that such 93
124		-	nursing home has been vacant for a period of not less than ninety days 94
125		-	immediately preceding the submission of the as of right permit 95
126		-	application to the planning commission, zoning commission or 96
127		-	combined planning and zoning commission of the municipality. 97
128		-	(c) The as-of-right permit application and review process for the 98
129		-	approval of the conversion of a nursing home into multifamily housing 99
130		-	shall require that a decision on any such application be rendered not 100
131		-	later than sixty-five days after receipt of such application by the 101
132		-	planning commission, zoning commission or combined planning and 102
133		-	zoning commission, except an applicant may consent to one or more 103
134		-	extensions of not more than an additional sixty-five days or may 104
135		-	withdraw such application. 105
136		-	Sec. 5. Subsection (c) of section 4b-21 of the general statutes is 106
137		-	repealed and the following is substituted in lieu thereof (Effective October 107
138		-	1, 2024): 108
139		-	(c) (1) Not later than thirty days after receipt of such notification from 109
140		-	the secretary, the following agencies shall determine and notify the 110
141		-	secretary in writing if the land, improvement or interest serves the 111
142		-	following needs: [(1)] (A) The Commissioner of Economic and 112
143		-	Community Development, whether it can be used or adapted for 113 Substitute Bill No. 5475
	120	+	LCO No. 1772 4 of 8
	121	+
	122	+	or (2) an impairment of such person's right, title or interest in real 84
	123	+	property, resulting from any regulation, order, decision or action made 85
	124	+	pursuant to sections 22a-36 to 22a-45, inclusive, by the commissioner, a 86
	125	+	district or municipality or any person owning or occupying land 87
	126	+	[which] that abuts any portion of land within, or is within a radius of 88
	127	+	ninety feet of, the wetland or watercourse involved in any regulation, 89
	128	+	order, decision or action made pursuant to said sections may, within the 90
	129	+	time specified in subsection (b) of section 8-8, from the publication of 91
	130	+	such regulation, order, decision or action, appeal to the superior court 92
	131	+	for the judicial district where the real property or land affected is 93
	132	+	located, and if located in more than one judicial district to the court in 94
	133	+	any such judicial district. [Such appeal] 95
	134	+	(b) An appeal under this section shall be made returnable to the court 96
	135	+	in the same manner as that prescribed for civil actions brought to the 97
	136	+	court, except that the record shall be transmitted to the court within the 98
	137	+	time specified in subsection (i) of section 8-8. If the inland wetlands 99
	138	+	agency or its agent does not provide a transcript of the stenographic or 100
	139	+	[the] sound recording of a meeting where the inland wetlands agency 101
	140	+	or its agent deliberates or makes a decision on a permit for which a 102
	141	+	public hearing was held, a certified, true and accurate transcript of a 103
	142	+	stenographic or sound recording of the meeting prepared by or on 104
	143	+	behalf of the applicant or any other party shall be admissible as part of 105
	144	+	the record. A person who files an appeal under this section claiming to 106
	145	+	have suffered actual damage to real property owned by such person 107
	146	+	shall provide a written and signed opinion of a qualified hydrologist 108
	147	+	stating that such damage has occurred as a result of such regulation, 109
	148	+	order, decision or action. Such opinion shall be appended to the 110
	149	+	pleading that initiates an appeal to the Superior Court pursuant to this 111
	150	+	section. For the purposes of this section, "qualified hydrologist" means 112
	151	+	an individual who has obtained a master's or higher degree from an 113
	152	+	accredited institution of higher education in a hydrology-related field 114
	153	+	and has five or more years of professional-level experience in a field 115
	154	+	related to hydrology. 116
	155	+	(c) Notice of [such] an appeal under this section shall be served upon 117 Raised Bill No. 5475
144	156
145	157
146		-	LCO 5 of 6
147	158
148		-	~~economic development or exchanged for property that can be used for 114~~
149		-	~~economic development; [(2)] (B) the Commissioner of Transportation, 115~~
150		-	~~whether it can be used~~ for ~~transportation purposes;~~ ~~[(3)] (C) the 116~~
151		-	~~Commissioner~~ of ~~Energy and Environmental Protection, whether it can 117~~
152		-	~~be used for open space~~ purposes or to ~~otherwise support~~ the ~~118~~
153		-	~~department's mission;~~ ~~[(4)]~~ (D) the ~~Commissioner of Agriculture, 119~~
154		-	~~whether it can be used for farming or agricultural purposes;~~ ~~[(5)] (E) the 120~~
155		-	~~Commissioner of Veterans Affairs,~~ ~~whether it can be used for veterans'~~ ~~121~~
156		-	~~housing; [(6)] (F)~~ the ~~Commissioner of Children~~ and ~~Families, whether 122~~
157		-	~~it can be used to support~~ the ~~department's mission;~~ ~~[(7)] (G) the 123~~
158		-	~~Commissioner of Developmental Services,~~ ~~whether it can be used to 124~~
159		-	~~support~~ the ~~department's mission; [(8)] (H) the Commissioner~~ of ~~125~~
160		-	~~Administrative Services~~, ~~whether it can be used to house state agencies 126~~
161		-	or ~~can be leased; and [(9)] (I) the Commissioner of Housing~~, ~~whether it 127~~
162		-	~~can be used as an emergency shelter or transitional living facility for 128~~
163		-	~~homeless persons~~, ~~or used for~~ the ~~construction, rehabilitation or 129~~
164		-	~~renovation~~ of ~~housing for persons and families of low and moderate 130~~
165		-	~~income~~. ~~131~~
166		-	~~(2) Not later than thirty days after receipt of~~ such ~~notification from 132~~
167		-	the ~~secretary [,~~ ~~any] pursuant to subdivision~~ (1) of ~~this subsection:~~ ~~(A) 133~~
168		-	~~Any state agency,~~ ~~department or institution that is interested~~ in ~~utilizing 134~~
169		-	the ~~land, improvement or interest shall submit~~ a ~~plan~~ to ~~the secretary 135~~
170		-	~~that sets forth the proposed use for the land,~~ ~~improvement or interest 136~~
171		-	~~and a budget and timetable for such use, and (B) if~~ the ~~Commissioner of 137~~
172		-	~~Housing determines that the land,~~ ~~improvement or interest may~~ be ~~used 138~~
173		-	~~for~~ the ~~construction, rehabilitation or renovation of housing for persons 139~~
174		-	~~and families of low~~ and ~~moderate income,~~ the ~~commissioner shall 140~~
175		-	~~submit a plan to~~ the ~~secretary for any~~ such ~~use of the land, improvement 141~~
176		-	or ~~interest that includes a budget and timetable for any such use~~. ~~142~~
177		-	(3) ~~If one or more agencies,~~ ~~departments or institutions submit a plan 143~~
178		-	for ~~such land,~~ ~~improvement or interest to~~ the ~~secretary [within such 144~~
179		-	~~thirty-day period]~~ ~~as specified in subdivision~~ (2) of ~~this subsection,~~ ~~the 145~~
180		-	~~secretary shall analyze such agency,~~ ~~department or institution plan or 146~~
181		-	~~plans~~ and ~~determine whether custody and control of~~ the ~~land, 147 Substitute~~ Bill No. 5475
	159	+	LCO No. 1772 5 of 8
	160	+
	161	+	the inland wetlands agency and the commissioner, provided, for any 118
	162	+	such appeal taken on or after October 1, 2004, service of process for 119
	163	+	purposes of such notice to the inland wetlands agency shall be made in 120
	164	+	accordance with subdivision (5) of subsection (b) of section 52-57. The 121
	165	+	commissioner may appear as a party to any action brought by any other 122
	166	+	person within thirty days from the date such appeal is returned to the 123
	167	+	court. The appeal shall state the reasons upon which it is predicated and 124
	168	+	shall not stay proceedings on the regulation, order, decision or action, 125
	169	+	but the court may on application and after notice grant a restraining 126
	170	+	order. Such appeal shall have precedence in the order of trial. 127
	171	+	[(b)] (d) The court, upon the motion of the person who applied for 128
	172	+	such order, decision or action, shall make such person a party defendant 129
	173	+	in the appeal. Such defendant may, at any time after the return date of 130
	174	+	such appeal, make a motion to dismiss the appeal. At the hearing on 131
	175	+	such motion to dismiss, each appellant shall have the burden of proving 132
	176	+	such appellant's standing to bring the appeal. The court may, upon the 133
	177	+	record, grant or deny the motion. The court's order on such motion may 134
	178	+	be appealed in the manner provided in subsection (p) of section 8-8. 135
	179	+	[(c)] (e) The proceedings of the court in the appeal may be stayed by 136
	180	+	agreement of the parties when a mediation conducted pursuant to 137
	181	+	section 8-8a commences. Any such stay shall terminate upon conclusion 138
	182	+	of the mediation. 139
	183	+	[(d)] (f) No appeal taken under subsection (a) of this section shall be 140
	184	+	withdrawn and no settlement between the parties to any such appeal 141
	185	+	shall be effective unless and until a hearing has been held before the 142
	186	+	Superior Court and the court has approved such proposed withdrawal 143
	187	+	or settlement. 144
	188	+	[(e)] (g) There shall be no right to further review except to the 145
	189	+	Appellate Court by certification for review in accordance with the 146
	190	+	provisions of subsection (o) of section 8-8. 147
	191	+	Sec. 4. Subsection (b) of section 8-3 of the 2024 supplement to the 148
	192	+	general statutes is repealed and the following is substituted in lieu 149 Raised Bill No. 5475
182	193
183	194
184		-	LCO 6 of 6
185	195
186		-	improvement or interest shall be transferred to one of such agencies, 148
187		-	departments or institutions, in which case the agency, department or 149
188		-	institution having custody of the land, improvement or interest shall 150
189		-	make such transfer, provided if the Commissioner of Housing submits 151
190		-	a plan for the use of such land, improvement or interest for the 152
191		-	construction, rehabilitation or renovation of housing for persons and 153
192		-	families of low and moderate income, the secretary shall prioritize the 154
193		-	review of the commissioner's plan and grant the transfer of the land, 155
194		-	improvement or interest to the commissioner unless the secretary states 156
195		-	in writing any reason why such transfer is not feasible. 157
	196	+	LCO No. 1772 6 of 8
	197	+
	198	+	thereof (Effective October 1, 2024): 150
	199	+	(b) Such regulations and boundaries shall be established, changed or 151
	200	+	repealed only by a majority vote of all the members of the zoning 152
	201	+	commission, except as otherwise provided in this chapter. In making its 153
	202	+	decision the commission shall take into consideration the plan of 154
	203	+	conservation and development, prepared pursuant to section 8-23, and 155
	204	+	shall state on the record its findings [on] concerning the consistency of 156
	205	+	the proposed establishment, change or repeal of such regulations and 157
	206	+	boundaries with such plan. If a protest against a proposed change is 158
	207	+	filed at or before a hearing with the zoning commission, signed by the 159
	208	+	owners of twenty per cent or more of the area of the lots included in 160
	209	+	such proposed change, [or of the lots within five hundred feet in all 161
	210	+	directions of the property included in the proposed change,] such 162
	211	+	change shall not be adopted except by a vote of two-thirds of all the 163
	212	+	members of the commission. 164
	213	+	Sec. 5. (NEW) (Effective October 1, 2024) Notwithstanding any 165
	214	+	provision of chapter 440 of the general statutes, the legislative body of 166
	215	+	any municipality may adopt an ordinance exempting any proposed 167
	216	+	development from review by the inland wetlands agency of such 168
	217	+	municipality established pursuant to section 22a-42 of the general 169
	218	+	statutes if such project is located in an area or areas of such municipality 170
	219	+	identified by the municipality as (1) having existing commercial or retail 171
	220	+	uses and having water, sewer and other infrastructure adequate to 172
	221	+	support increased development in such area or areas, or (2) being 173
	222	+	appropriate for increased development in such municipality's plan of 174
	223	+	conservation and development. 175
	224	+	Sec. 6. (NEW) (Effective October 1, 2024) (a) For the purposes of this 176
	225	+	section, (1) "as of right" has the same meaning as provided in subsection 177
	226	+	(b) of section 8-1a of the general statutes, (2) "dwelling unit" has the same 178
	227	+	meaning as provided in section 47a-1 of the general statutes, (3) 179
	228	+	"multifamily housing" has the same meaning as provided in section 8-180
	229	+	13m of the general statutes, and (4) "nursing home" has the same 181
	230	+	meaning as provided in section 19a-490 of the general statutes. 182 Raised Bill No. 5475
	231	+
	232	+
	233	+
	234	+	LCO No. 1772 7 of 8
	235	+
	236	+	(b) Any zoning regulations adopted by a municipality pursuant to 183
	237	+	section 8-2 of the general statutes shall allow for the conversion of any 184
	238	+	nursing home into multifamily housing as of right, provided (1) such 185
	239	+	nursing home is a freestanding facility, and (2) the owner of such 186
	240	+	nursing home has declared, in writing to the municipality, that such 187
	241	+	nursing home has been vacant for a period of not less than ninety days 188
	242	+	immediately preceding the submission of the as of right permit 189
	243	+	application to the planning commission, zoning commission or 190
	244	+	combined planning and zoning commission of the municipality. 191
	245	+	(c) The as of right permit application and review process for the 192
	246	+	approval of the conversion of a nursing home into multifamily housing 193
	247	+	shall require that a decision on any such application be rendered not 194
	248	+	later than sixty-five days after receipt of such application by the 195
	249	+	planning commission, zoning commission, or combined planning and 196
	250	+	zoning commission, except that an applicant may consent to one or 197
	251	+	more extensions of not more than an additional sixty-five days or may 198
	252	+	withdraw such application. 199
	253	+	Sec. 7. (Effective October 1, 2024) The Commissioner of Housing, in 200
	254	+	consultation with the Office of Policy and Management, shall conduct a 201
	255	+	study of the unused real property owned by the state, excluding any 202
	256	+	unused real property reserved for conservation or other specific 203
	257	+	purposes, to determine the suitability of such unused properties for 204
	258	+	development to improve affordable housing opportunities for residents 205
	259	+	in the state. Not later than January 1, 2025, the commissioner shall 206
	260	+	submit a report, in accordance with the provisions of section 11-4a of the 207
	261	+	general statutes, to the joint standing committee of the General 208
	262	+	Assembly having cognizance of matters relating to housing containing 209
	263	+	the findings of such study and any recommended legislation. 210
196	264		This act shall take effect as follows and shall amend the following
197	265		sections:
198	266
199		-	Section 1 October 1, 2024 22a-19
200		-	Sec. 2 October 1, 2024 8-3(b)
201		-	Sec. 3 October 1, 2024 New section
202		-	Sec. 4 October 1, 2024 New section
203		-	Sec. 5 October 1, 2024 4b-21(c)
	267	+	Section 1 October 1, 2024 8-8(a)(1)
	268	+	Sec. 2 October 1, 2024 8-7
	269	+	Sec. 3 October 1, 2024 22a-43 Raised Bill No. 5475
204	270
205		-	Statement of Legislative Commissioners:
206		-	In Section 1(c)(2), "or review" was added after "such proceeding" for
207		-	accuracy, and "identified in" was changed to "subject to" for accuracy;
208		-	and in Section 3(a)(2), "in" was changed to "under" for clarity.
209	271
210		-	PD Joint Favorable Subst.
	272	+
	273	+	LCO No. 1772 8 of 8
	274	+
	275	+	Sec. 4 October 1, 2024 8-3(b)
	276	+	Sec. 5 October 1, 2024 New section
	277	+	Sec. 6 October 1, 2024 New section
	278	+	Sec. 7 October 1, 2024 New section
	279	+
	280	+	Statement of Purpose:
	281	+	To (1) require that a person claiming to be aggrieved by certain decisions
	282	+	of municipal commissions, agencies or boards demonstrate actual
	283	+	damage or an impairment of right, title or interest to such person's real
	284	+	property, (2) remove the right of protest against certain zoning changes
	285	+	by persons who do not own lots affected by such changes, (3) allow
	286	+	municipalities to adopt ordinances which exempt developments in
	287	+	certain areas from review by the inland wetlands agencies of such
	288	+	municipalities, (4) allow the conversion of vacant nursing homes into
	289	+	multifamily housing as of right, and (5) require the Commissioner of
	290	+	Housing to conduct a study of certain unused real property owned by
	291	+	the state to determine the suitability of such real property to improve
	292	+	affordable housing opportunities.
	293	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	294	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	295	+	underlined.]
211	296