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General Assembly Substitute Bill No. 5475
February Session, 2024
AN ACT CONCERNING THE DEVELOPMENT OF HOUSING ,
CHALLENGES TO CERTAIN DECISIONS OF MUNICIPAL AGENCIES ,
AND THE CONVERSION OF VACANT NURSING HOMES INTO
MULTIFAMILY HOUSING .
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-19 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2024): 2
(a) (1) In any administrative, licensing or other proceeding, and in 3
any judicial review thereof made available by law, except as provided 4
in subsection (c) of this section, the Attorney General, any political 5
subdivision of the state, any instrumentality or agency of the state or of 6
a political subdivision thereof, any person, partnership, corporation, 7
association, organization or other legal entity may intervene as a party 8
on the filing of a verified pleading asserting that the proceeding or 9
action for judicial review involves conduct which has, or which is 10
reasonably likely to have, the effect of unreasonably polluting, 11
impairing or destroying the public trust in the air, water or other natural 12
resources of the state. 13
(2) The verified pleading shall contain specific factual allegations 14
setting forth the nature of the alleged unreasonable pollution, 15
impairment or destruction of the public trust in air, water or other 16 Substitute Bill No. 5475
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natural resources of the state and should be sufficient to allow the 17
reviewing authority to determine from the verified pleading whether 18
the intervention implicates an issue within the reviewing authority's 19
jurisdiction. For purposes of this section, "reviewing authority" means 20
the board, commission or other decision-making authority in any 21
administrative, licensing or other proceeding or the court in any judicial 22
review. 23
(b) In any administrative, licensing or other proceeding, the agency 24
shall consider the alleged unreasonable pollution, impairment or 25
destruction of the public trust in the air, water or other natural resources 26
of the state and no conduct shall be authorized or approved which does, 27
or is reasonably likely to, have such effect as long as, considering all 28
relevant surrounding circumstances and factors, there is a feasible and 29
prudent alternative consistent with the reasonable requirements of the 30
public health, safety and welfare. 31
(c) (1) For the purposes of this subsection, (A) "residential building 32
permit application" means any building permit application submitted 33
in connection with the proposed construction or renovation of a 34
structure that contains one or more dwelling units, and (B) "dwelling 35
unit" has the same meaning as provided in section 47a-1. 36
(2) No person, partnership, corporation, association, organization or 37
other legal entity may intervene as a party on the filing of a verified 38
pleading in any administrative proceeding, or in any judicial review 39
thereof pursuant to this section, if such proceeding or review concerns 40
a residential building permit application unless such person, 41
partnership, corporation, association, organization or other legal entity 42
owns real property that abuts or is within a radius of one hundred feet 43
of any portion of the land subject to such permit application. 44
Sec. 2. Subsection (b) of section 8-3 of the 2024 supplement to the 45
general statutes is repealed and the following is substituted in lieu 46
thereof (Effective October 1, 2024): 47
(b) Such regulations and boundaries shall be established, changed or 48 Substitute Bill No. 5475
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repealed only by a majority vote of all the members of the zoning 49
commission, except as otherwise provided in this chapter. In making its 50
decision the commission shall take into consideration the plan of 51
conservation and development, prepared pursuant to section 8-23, and 52
shall state on the record its findings [on] concerning the consistency of 53
the proposed establishment, change or repeal of such regulations and 54
boundaries with such plan. If a protest against a proposed change is 55
filed at or before a hearing with the zoning commission, signed by the 56
owners of twenty per cent or more of the area of the lots included in 57
such proposed change, [or of the lots within five hundred feet in all 58
directions of the property included in the proposed change,] such 59
change shall not be adopted except by a vote of two-thirds of all the 60
members of the commission. 61
Sec. 3. (NEW) (Effective October 1, 2024) (a) Notwithstanding any 62
provision of chapter 440 of the general statutes, the legislative body of 63
any municipality may, after consultation with the inland wetlands 64
agency of such municipality established pursuant to section 22a-42 of 65
the general statutes and holding a public hearing, adopt an ordinance 66
identifying an area or areas of such municipality as (1) having existing 67
commercial or retail uses and having water, sewer and other 68
infrastructure adequate to support increased development in such area 69
or areas, or (2) being appropriate for increased development under such 70
municipality's plan of conservation and development. Such ordinance 71
may provide that any proposed development in such area or areas need 72
not be approved by the inland wetlands agency of such municipality, 73
provided any such development shall be subject to a soil erosion and 74
sediment control plan, as defined in section 22a-327 of the general 75
statutes, approved by the agency designated to grant such approvals by 76
the municipality. 77
(b) Any ordinance adopted by a municipality pursuant to this section 78
shall be reviewed by such municipality not less than once every seven 79
years to determine if the area or areas identified in such ordinance 80
continue to meet the criteria set forth in subsection (a) of this section. 81 Substitute Bill No. 5475
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Sec. 4. (NEW) (Effective October 1, 2024) (a) For the purposes of this 82
section, (1) "as of right" has the same meaning as provided in subsection 83
(b) of section 8-1a of the general statutes, (2) "dwelling unit" has the same 84
meaning as provided in section 47a-1 of the general statutes, (3) 85
"multifamily housing" has the same meaning as provided in section 8-86
13m of the general statutes, and (4) "nursing home" has the same 87
meaning as provided in section 19a-490 of the general statutes. 88
(b) Any zoning regulations adopted by a municipality pursuant to 89
section 8-2 of the general statutes shall allow for the conversion of any 90
nursing home into multifamily housing as of right, provided (1) such 91
nursing home is a freestanding facility, and (2) the owner of such 92
nursing home has declared, in writing to the municipality, that such 93
nursing home has been vacant for a period of not less than ninety days 94
immediately preceding the submission of the as of right permit 95
application to the planning commission, zoning commission or 96
combined planning and zoning commission of the municipality. 97
(c) The as-of-right permit application and review process for the 98
approval of the conversion of a nursing home into multifamily housing 99
shall require that a decision on any such application be rendered not 100
later than sixty-five days after receipt of such application by the 101
planning commission, zoning commission or combined planning and 102
zoning commission, except an applicant may consent to one or more 103
extensions of not more than an additional sixty-five days or may 104
withdraw such application. 105
Sec. 5. Subsection (c) of section 4b-21 of the general statutes is 106
repealed and the following is substituted in lieu thereof (Effective October 107
1, 2024): 108
(c) (1) Not later than thirty days after receipt of such notification from 109
the secretary, the following agencies shall determine and notify the 110
secretary in writing if the land, improvement or interest serves the 111
following needs: [(1)] (A) The Commissioner of Economic and 112
Community Development, whether it can be used or adapted for 113 Substitute Bill No. 5475
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economic development or exchanged for property that can be used for 114
economic development; [(2)] (B) the Commissioner of Transportation, 115
whether it can be used for transportation purposes; [(3)] (C) the 116
Commissioner of Energy and Environmental Protection, whether it can 117
be used for open space purposes or to otherwise support the 118
department's mission; [(4)] (D) the Commissioner of Agriculture, 119
whether it can be used for farming or agricultural purposes; [(5)] (E) the 120
Commissioner of Veterans Affairs, whether it can be used for veterans' 121
housing; [(6)] (F) the Commissioner of Children and Families, whether 122
it can be used to support the department's mission; [(7)] (G) the 123
Commissioner of Developmental Services, whether it can be used to 124
support the department's mission; [(8)] (H) the Commissioner of 125
Administrative Services, whether it can be used to house state agencies 126
or can be leased; and [(9)] (I) the Commissioner of Housing, whether it 127
can be used as an emergency shelter or transitional living facility for 128
homeless persons, or used for the construction, rehabilitation or 129
renovation of housing for persons and families of low and moderate 130
income. 131
(2) Not later than thirty days after receipt of such notification from 132
the secretary [, any] pursuant to subdivision (1) of this subsection: (A) 133
Any state agency, department or institution that is interested in utilizing 134
the land, improvement or interest shall submit a plan to the secretary 135
that sets forth the proposed use for the land, improvement or interest 136
and a budget and timetable for such use, and (B) if the Commissioner of 137
Housing determines that the land, improvement or interest may be used 138
for the construction, rehabilitation or renovation of housing for persons 139
and families of low and moderate income, the commissioner shall 140
submit a plan to the secretary for any such use of the land, improvement 141
or interest that includes a budget and timetable for any such use. 142
(3) If one or more agencies, departments or institutions submit a plan 143
for such land, improvement or interest to the secretary [within such 144
thirty-day period] as specified in subdivision (2) of this subsection, the 145
secretary shall analyze such agency, department or institution plan or 146
plans and determine whether custody and control of the land, 147 Substitute Bill No. 5475
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improvement or interest shall be transferred to one of such agencies, 148
departments or institutions, in which case the agency, department or 149
institution having custody of the land, improvement or interest shall 150
make such transfer, provided if the Commissioner of Housing submits 151
a plan for the use of such land, improvement or interest for the 152
construction, rehabilitation or renovation of housing for persons and 153
families of low and moderate income, the secretary shall prioritize the 154
review of the commissioner's plan and grant the transfer of the land, 155
improvement or interest to the commissioner unless the secretary states 156
in writing any reason why such transfer is not feasible. 157
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 22a-19
Sec. 2 October 1, 2024 8-3(b)
Sec. 3 October 1, 2024 New section
Sec. 4 October 1, 2024 New section
Sec. 5 October 1, 2024 4b-21(c)
Statement of Legislative Commissioners:
In Section 1(c)(2), "or review" was added after "such proceeding" for
accuracy, and "identified in" was changed to "subject to" for accuracy;
and in Section 3(a)(2), "in" was changed to "under" for clarity.
PD Joint Favorable Subst.