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OLR Bill Analysis
sSB 11
AN ACT CONCERNING CONNECTICUT RESILIENCY PLANNING
AND PROVIDING MUNICIPAL OPTIONS FOR CLIMATE
RESILIENCE.
TABLE OF CONTENTS:
SUMMARY
§§ 1-10 — RESILIENCY IMPROVEMENT DISTRICTS
Creates a framework authorizing municipalities to establish resiliency improvement
districts to finance capital projects addressing climate change mitigation, adaptation, or
resilience; allows municipalities to finance projects in these districts by designating
incremental property tax revenue and specified savings generated in the district, imposing
benefit assessments on real property in the district, and issuing bonds backed by these
revenue streams and other sources; allows municipalities to fix property tax assessments
in the district for up to 30 years
§§ 11-12, 18 & 25 — PLANS OF CONSERVATIO N AND
DEVELOPMENT
Generally expands the information that must be included in local, regional, and the state’s
plans of conservation and development to include strategies for responding to and
information related to climate change effects (e.g., increased precipitation or extreme heat)
§§ 13 & 26 — CIVIL PREPAREDNESS
Beginning October 1, 2028, requires the state’s comprehensive civil preparedness plan and
program to consider observed and projected climate trends related to certain situations;
explicitly includes extreme heat in the state’s definition of “major disaster” and
incorporates prolonged or intense exposure to certain conditions as a circumstance
triggering civil preparedness response
§ 14 — LOCAL EVACUATION OR HAZARD MITIGATION PLANS
Requires municipal evacuation or hazard mitigation plans to identify and address certain
threats to sea level change (e.g., to critical infrastructure) and ways to avoid or reduce
climate change’s effects; requires use of geospatial data in identifying those threats
§ 15 — MUNICIPAL RESERVE FUNDS
Explicitly allows municipal reserve funds to cover expenditures intended to increase a
capital improvement’s resiliency against climate change impacts
§ 16 — TOWN AID ROAD
Expands the eligible uses of Town Aid Road program funds by adding construction,
reconstruction, improvements, and maintenance to increase resiliency against increased
precipitation, flooding, sea level rise, and extreme heat 2024SB-00011-R000198-BA.DOCX
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§ 17 — MUNICIPAL CULVERT AND BRIDGE REPORT
Requires each municipality to submit an annual report to OPM, DOT, DEEP, and any
applicable COG on its culverts and bridges
§§ 19-21 — STATE FIRE SAFETY AND BUILDING CODES
Requires at least five Code and Standards Committee members to be experienced in
construction techniques that increase building resiliency to climate change effects;
requires the education and training programs for code officials and certain professions to
include construction technique information related to energy efficiency, GHG emissions,
and building resiliency; requires amending the State Building Code to (1) include design
and construction requirements related to GHG reduction and resiliency to climate change
effects and (2) incorporate the most recent IECC
§ 22 — ZONING REGULATIONS
Requires that municipal zoning regulations (1) be designed to protect against sea level
rise, extreme heat, and climate change and (2) provide for proper ways to mitigate and
avoid the negative effects of sea level change; allows zoning regulations to (1) require or
promote resilience and (2) give incentives for using flood-risk reduction building methods
§§ 22-23 & 36 — TRANSFER OF DEVELOPMENT RIGHTS SYSTEMS
Allows municipal zoning regulations to provide for (1) a regional TDR system and (2)
sending and receiving sites in conjunction with a multi-town or regional TDR system;
allows COGs to administer joint or multi-town TDR systems; allows two or more
municipalities to set up a TDR bank; and sets criteria for eligible sending and receiving
sites
§ 24 — PROPERTY FORTIFICATION WORKING GROUP
Requires the insurance commissioner, within available resources, to convene a working
group to study homeowner and small business building fortification needs related to
potential losses from natural disasters, hazards, and climate change; requires the working
group to submit its findings and recommendations by January 1, 2025
§§ 27-31 — OPEN SPACE AND WATERSHED LAND ACQUISITION
GRANT PROGRAM
Allows up to 5% of OSWA grants to reimburse for in-kind services or incidental expenses
under certain circumstances; expands the circumstances under which OSWA grant funds
may be used to restore or protect open space already owned by the applicant, such as when
the land is in an environmental justice community; increases the membership of the
Natural Heritage, Open Space and Watershed Land Acquisition Review Board to include
two DEEP-appointed members who represent or are from certain communities, such as
environmental justice areas; makes conforming changes (§§ 30 & 31)
§ 32 — STATE WATER PLAN UPDATE
Requires the state water plan’s next update to (1) consider (a) the potential impact of
climate change on water resource quality and (b) temperatures and precipitation
information when identifying water quantities and qualities for various uses and (2)
include recommendations and an implementation plan for reducing effects on water from
climate change and extreme weather
§ 33 — WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM
REGULATION AND PERMI T REVIEW
On a 10-year basis beginning by the end of 2028, requires DEEP, DPH, and PURA to
review and revise their water supply regulations and DEEP and DPH to review and 2024SB-00011-R000198-BA.DOCX
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revise their sewage disposal system permitting processes and related regulations, all to
include certain projections
§ 34 — EMINENT DOMAIN FOR FLOOD CONTROL IN BRIDGEPORT
Authorizes DEEP to acquire certain property in Bridgeport related to a flood control and
protection project; prescribes a process for DEEP, if needed, to require the relocation or
removal of public service facilities
§ 35 — CLIMATE RESILIENCY FUND REPORT
Requires the DEEP commissioner, in consultation with the insurance commissioner, to
report to the Environment Committee on creating a coastal resiliency fund supported by a
surcharge on certain insurance policies
BACKGROUND
SUMMARY
This bill makes changes in laws related to planning for and preparing
against certain hazards and climate change (e.g., sea level rise, rising
groundwater, extreme heat, drought, or flooding). Among other things,
the bill:
1. creates a framework for municipalities to establish resiliency
improvement districts;
2. requires updates to local, regional, and state plans of
conservation and development, the state’s civil preparedness
plan, and local evacuation or hazard mitigation plans;
3. requires (a) the state’s Code and Standards Committee to have
people with experience in construction techniques related to
building resiliency and (b) revisions to the State Building Code to
include design and construction techniques related to
greenhouse gas (GHG) reduction and resiliency;
4. allows municipal zoning regulations to provide for regional
transfer of development rights systems; and
5. requires updates to the state water plan and reviews of water
supply and sewage disposal system regulations to account for
certain projections. 2024SB-00011-R000198-BA.DOCX
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A section-by-section analysis follows below.
EFFECTIVE DATE: July 1, 2024, except the climate resiliency fund
report provision is effective upon passage (§ 35).
§§ 1-10 — RESILIENCY IMPROVEMENT DISTRIC TS
Creates a framework authorizing municipalities to establish resiliency improvement
districts to finance capital projects addressing climate change mitigation, adaptation, or
resilience; allows municipalities to finance projects in these districts by designating
incremental property tax revenue and specified savings generated in the district, imposing
benefit assessments on real property in the district, and issuing bonds backed by these
revenue streams and other sources; allows municipalities to fix property tax assessments
in the district for up to 30 years
Overview
The bill allows municipalities, through their legislative bodies, to
establish a resiliency improvement district to finance capital projects
meant to address climate change mitigation, adaptation, or resilience. It
allows a municipality to finance projects in the district by (1) designating
all or part of the new or incremental real property tax revenue and
specified savings generated in the district for repaying the costs
incurred to fund the projects; (2) imposing assessments on real property
in the district benefiting from certain public improvements (i.e., benefit
assessments); and (3) issuing bonds with up to 30-year terms backed by
various sources, including these revenue streams, to pay project costs.
The bill imposes certain criteria for designating a resiliency
improvement district that generally parallel those in existing law for
designating a tax increment financing district. It specifies a process for
establishing a resiliency improvement district that, among other things,
requires a municipality to (1) consider the proposed district’s
contribution to the municipality and its residents, (2) determine whether
it conforms with its plan of conservation and development, and (3) hold
at least one public hearing on the proposal.
It requires a municipality’s legislative body to adopt a master plan
for the resiliency improvement district and prescribes the plan’s
components, including a financial plan that defines the costs and
revenue sources required to accomplish the master plan. It also allows
municipalities to fix property tax assessments in the district for up to 30 2024SB-00011-R000198-BA.DOCX
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years.
To carry out a district master plan, the bill allows municipalities to
issue bonds with up to 30-year terms backed by various sources,
including (1) their full faith and credit (i.e., general obligation (GO)
bonds); (2) the income, proceeds, revenues, and property within the
district; and (3) tax increment revenues, increased savings, and benefit
assessments.
Establishing the District (§ 2(a), (d) & (e))
The bill allows a municipality’s legislative body to establish a
resiliency improvement district within the municipality’s boundaries
subject to the bill’s requirements. (Under the bill, a “municipality” is a
town, city, borough, consolidated town and city, or consolidated town
and borough.) The district is effective when the legislative body
approves it and adopts a district master plan, as described below. If the
municipality operates under a charter that prohibits these districts, the
bill prohibits the municipality from establishing one.
The bill also allows two or more contiguous municipalities to enter
into an interlocal agreement to set up a district and adopt a district
master plan for a district made up of contiguous properties partially
located in each. They must adopt the agreement before they set up the
district or plan according to the interlocal agreement law. The
agreement must divide among the participating municipalities any
power, right, duty, or obligation set out in the bill. As with other
districts, joint districts are effective when the respective legislative
bodies approve it and adopt a district master plan.
Advisory Board (§ 9)
The bill allows the legislative body of each applicable municipality to
create a board to advise it and designated administrative entities on (1)
planning, building, and implementing the district master plan and (2)
maintaining and operating the district after the plan’s completion. The
advisory board’s members must include people who own or occupy real
property in or adjacent to the district. 2024SB-00011-R000198-BA.DOCX
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Conditions for Approval (§ 3)
The bill requires municipalities (through their legislative bodies or
board of selectmen if the legislative body is a town meeting) to take
certain steps before establishing a district and approving a district
master plan.
Planning Commission. The municipality must give the proposed
district master plan to its planning commission, if it has one, and ask it
to study the plan and issue a written advisory opinion, including a
determination as to whether the plan is consistent with the
municipality’s plan of conservation and development.
Public Hearing. The municipality must hold at least one public
hearing on the proposed district. It must publish notice of the hearing at
least 10 days in advance in a conspicuous place on the municipality’s
website (or municipalities’ websites, in the case of a joint district) and
include (1) the hearing’s date, time, and place; (2) a legal description of
the proposed district’s boundaries; and (3) the draft district master plan.
The draft plan must also be (1) available for people to physically review
it and (2) posted on each applicable municipality’s website.
Approval Criteria. The municipality must determine whether the
proposed district meets certain criteria. First, it must consider whether
the proposed district and district master plan will contribute to the
municipality’s well-being or improve its residents’ health, welfare, or
safety.
In addition, it must determine whether the proposed district meets
the following conditions:
1. it must contain an area that experiences, or is likely to experience,
adverse impacts from hazards or climate change (e.g., sea level
rise, rising groundwater, extreme heat, drought, or flooding);
2. it must have been identified in (a) a municipal hazard mitigation
plan, (b) local or regional plan of conservation and development,
or (c) another related planning process; 2024SB-00011-R000198-BA.DOCX
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3. the plan must show that it reduces risks from these identified
adverse impacts in the district;
4. a portion of its real property must be suitable for commercial,
industrial, mixed-use, or retail uses or transit-oriented
development; and
5. it must not increase the vulnerability and risk to adjacent
properties or other hazards in the district.
If there are existing residential uses in the district, the proposed
district must also provide for replacing or renovating these residential
buildings under certain conditions. Specifically, if the district is in a
flood zone or within the sea level rise boundaries in the sea level change
scenario for Connecticut published by UConn’s Marine Sciences
Division, it must:
1. include a height standard of at least two feet of freeboard above
the base flood elevation, or as designated by the state building
code or municipal building requirements, whichever imposes a
greater height standard, and indicate whether building or
renovating commercial or industrial buildings must be flood-
proofed or elevated; and
2. allow vehicles to access these buildings at a height of two feet
above base flood elevation.
Lastly, the original assessed value of the proposed district (i.e., the
value of all taxable real property in the district as of the prior October
1), plus the original assessed value of all of the existing tax
increment districts within the relevant municipalities, cannot
exceed 10% of the total value of taxable property in the municipalities
as of the October 1 immediately before the district's establishment. This
calculation does not include any districts consisting entirely of
contiguous property owned by a single taxpayer (i.e., parcels divided
by a road, power line, railroad line, or right-of-way).
Dissolving the District of Changing Its Boundaries (§ 2(c)) 2024SB-00011-R000198-BA.DOCX
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Under the bill, a municipality’s legislative body may generally vote
to dissolve a district or change its boundaries at any time. But it may not
dissolve the district or decrease its boundaries if the district has any
outstanding bonds, other than municipal GO bonds.
District Powers (§ 2(b) & (f))
Development. The bill authorizes a municipality, within a district
and consistent with its district master plan, to:
1. acquire, construct, reconstruct, improve, preserve, alter, extend,
operate, and maintain property or promote development to meet
the plan’s objectives (in doing so, it may acquire property, land,
and easements through negotiation or by other legal means);
2. execute and deliver contracts, agreements, and other documents
related to the district’s operation and maintenance;
3. issue bonds and other obligations as the bill allows;
4. enter into fixed assessment agreements for real property in the
district, subject to the restrictions described below;
5. accept grants, advances, loans, or other financial assistance from
public or private sources and do anything necessary or desirable
to secure such aid (the bill specifies that this funding includes
funds from the Climate Change and Coastal Resiliency Reserve
Fund, stormwater authorities, and flood prevention, climate
resilience, and erosion control systems); and
6. according to terms it establishes, (a) provide services, facilities, or
property; (b) lend, grant, or contribute funds; and (c) take any
other action it is authorized to perform for other municipal
purposes.
These powers are in addition to those the municipality has under the
Constitution, the statutes, special acts, or the bill’s other provisions.
Fixing Assessments in the District. The bill allows a municipality,
through its board of selectmen, town council, or other governing body, 2024SB-00011-R000198-BA.DOCX
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to enter into written agreements with a taxpayer to fix the assessment of
real property in the district for up to 30 years. The property’s fixed
assessment, plus the value of any future improvements, cannot be less
than its assessment as of the last regular assessment date without the
future improvements.
Fixed assessment agreements must be recorded on the municipality’s
land records. This recording (1) constitutes notice to the property’s
subsequent purchasers or encumbrancers, whether they acquire the
property voluntarily or involuntarily, and (2) is binding.
A municipality may bring an action in the Superior Court for the
judicial district in which it is located to force a taxpayer to comply with
the agreement’s terms.
Tax Abatements for Affordable Housing in the District. The bill
specifies that it does not limit a municipality’s authority under the law
to offer, enter into, or change any tax abatement for real property in the
district if that property has at least one affordable housing unit. (By law,
a unit is affordable if it costs a household no more than 30% of its
income, for households making up to the median income of the town
where the unit is located.)
District Master Plan (§ 4)
Requirement. The bill requires a municipality’s legislative body to
adopt a (1) “district master plan” for the district and (2) statement of the
percentage or amount of “increased assessed value” that will be
designated as “captured assessed value” under the plan, as described
below. It must adopt the plan (1) at the same time it adopts the district,
subject to the bill’s procedures, and (2) after receiving the planning
commission’s (or combined planning and zoning commission’s) written
advisory opinion or 90 days after it requested the opinion, whichever
comes first.
Purpose. Under the bill, the “district master plan” is a statement of
means and objectives prepared by the municipality, or municipalities
acting under an interlocal agreement, relating to a district designed to 2024SB-00011-R000198-BA.DOCX
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do the following:
1. reduce the risk of, or exposure to, extreme events, hazards, and
climate change effects;
2. support economic development;
3. provide housing opportunities in existing residential areas;
4. improve or broaden the tax base; and
5. build or improve the physical facilities and structures needed for
“resilience projects,” “environmental infrastructure,” or “clean
energy projects.”
Under the bill, “resilience projects” are those (including capital
projects) designed and implemented to address climate change
mitigation, adaptation, or resilience. They include projects (1) mitigating
the effects of river, bay, sea, or groundwater rise; extreme heat or the
urban heat island effect; or drought and (2) meant to reduce flooding
risk. (By law, “resilience” is the ability to prepare for and adapt to
changing conditions and withstand and recover rapidly from deliberate
attacks, accidents, or naturally occurring threats or incidents, such as
those associated with climate change.)
“Environmental infrastructure” is structures, facilities, systems,
services, and improvement projects related to water, waste and
recycling, climate adaptation and resiliency, agriculture, land
conservation, parks and recreation, and environmental markets such as
carbon offsets and ecosystem services. “Clean energy projects” are
renewal energy projects using Class I renewable sources (e.g., wind and
solar).
Components. The district master plan must include:
1. a legal description of the district’s boundaries;
2. the tax identification numbers for its lots or parcels;
3. the present condition and uses of its land and buildings and how 2024SB-00011-R000198-BA.DOCX
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building and improving physical facilities or structures will
reduce or eliminate risk from existing or expected hazards;
4. the district’s existing or expected hazards;
5. the public facilities, improvements, or programs anticipated to be
financed in whole or part;
6. if the district has existing residential housing, a housing plan to
rehabilitate, build, or replace the housing, subject to the state’s
plan of conservation and development and consolidated plan for
housing and community development, that includes meaningful
efforts to reduce displacement plans;
7. a plan for maintaining and operating the resiliency
improvements after they are completed;
8. the district’s maximum duration, which cannot exceed 50 fiscal
years, beginning with the year in which the district is established;
and
9. a financial plan, as described below.
Financial Plan Component. The bill requires the district master plan
to include a financial plan that identifies the project costs and revenue
sources required to accomplish the district master plan. The financial
plan must contain:
1. cost estimates (a) for the anticipated public improvements and
developments and (b) to support relocating or temporarily
housing displaced residents;
2. the maximum amount of indebtedness to be incurred to
implement the plan;
3. the anticipated revenue sources (e.g., increased savings, fees,
assessments, grants, or other sources);
4. a description of the terms and conditions of any agreements,
including any anticipated savings agreements, assessment 2024SB-00011-R000198-BA.DOCX
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agreements, contracts, or other obligations related to the master
plan;
5. estimates of the district’s increased assessed values and increased
savings; and
6. for each year, the (a) portion of the increased assessed values and
savings that will be applied to the plan as captured assessed
values and (b) resulting tax increments.
Amending and Reviewing the Master Plan. The bill (1) authorizes
the legislative body of each applicable municipality to amend the master
plan and (2) requires it to review the plan at least once every 10 years
after its initial approval in order for the district and plan to remain in
effect. (However, as long as any debt authorized and issued by the
municipality under the bill’s authority is outstanding, a district cannot
be dissolved for failing to comply with this requirement.) The bill
specifies that these provisions do not apply to plans that include
development funded in whole or part by federal funds, if prohibited by
federal law.
Tax Increment Revenues (§ 5)
In addition to imposing benefit assessments to finance projects, the
bill allows municipalities to finance projects using the incremental (1)
real property tax revenue generated in the district (“tax increment”) and
(2) savings to district residents or businesses resulting from the
reduction of any existing insurance premium or other premium,
surcharge, or fee after the district’s implementation (“increased
savings”). It also allows the municipality to use this revenue stream to
repay the bonds issued to finance the projects, as described below.
Captured Assessed Value. The bill generally allows each applicable
municipality to designate all or part of the district’s tax increment and
increased savings to finance all or part of the district’s master plan. In
the case of any existing or planned residential use in the district, it
allows the municipality to use the percentage of this revenue and
savings needed to (1) rehabilitate, build, or replace dwellings and (2) 2024SB-00011-R000198-BA.DOCX
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increase or improve access to affordable housing within the
municipality, either in or adjacent to the district.
Under the bill, the amount of tax increment revenue designated by
the municipality is determined by the district’s “captured assessed
value,” that is, the percentage or amount of the incremental increase in
property values (“increased assessed value”) that is used from year to
year to finance the plan’s project costs. The incremental increase in
property values is the amount by which the value of the district’s
property as of October 1 of each year (“current assessed value”) exceeds
its value as of October 1 of the tax year before the district was established
(“original assessed value”). The captured assessed value is subject to
any fixed assessment agreements.
Once the municipality establishes the district and adopts its master
plan, its assessor must certify the original assessed value of the taxable
real property within the district’s boundaries. The assessor must also
annually certify the:
1. current assessed value of the district’s taxable real property,
2. amount by which the current assessed value has increased or
decreased from the original assessed value, and
3. amount of the captured assessed value.
Apportioning Property Taxes in the Municipality. The bill requires
that property taxes paid by property owners within the district be
apportioned equally with the property taxes paid by other property
owners in the municipality located outside the district. It specifies that
its provisions do not authorize the unequal apportionment or
assessment of taxes on real property in the municipality.
District Master Plan Fund (§ 5(c))
Under the bill, municipalities that designate a percentage or amount
of captured assessed value in their district master plans must establish
a fund for depositing the resulting incremental tax revenues and paying
project costs. They must also deposit in the fund any benefit assessments 2024SB-00011-R000198-BA.DOCX
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imposed on real property in the district, as described below.
Account Structure. The fund must consist of a (1) project cost
account and (2) development sinking fund account for any bonds issued
to carry out or administer the district master plan. The bill authorizes
the municipality to transfer funds between the accounts, as long as the
transfers do not result in a balance in either account that is insufficient
to cover its annual obligations.
The project cost account is pledged to and charged with paying
project costs outlined in the financial plan, including reimbursing
project cost expenditures incurred by a public body (e.g., the
municipality, a developer, property owner, or other third-party entity),
other than reimbursements paid with bond proceeds.
The development sinking fund account is pledged to and charged
with (1) paying interest and principal on district bonds as they come
due, including any redemption premium; (2) paying the costs of
providing or reimbursing any entity that provides a guarantee, letter of
credit, bond insurance policy, or other credit enhancement device used
to secure debt service payments on district bonds; and (3) funding any
required reserve fund.
Depositing Tax Increment Revenues. The municipality must
annually set aside all tax increment revenues on captured assessed
values and deposit the revenues in a specific order. The revenues must
first go to the development sinking fund account, in an amount
necessary to pay the annual debt service on the bonds issued (taking
into account estimated future revenues that will be deposited to the
account and earnings on this amount), excluding any GO bonds issued
by the municipality that are backed solely by its full faith and credit.
Any remaining revenues must go to the project cost account.
Excess Revenues. At any time during the district’s term, the
municipality’s legislative body may vote to return to the municipality’s
general fund any tax increment revenues remaining in either account
that exceed the amount necessary to pay the account’s obligations. In
doing so, it must take into account any transfers made between the 2024SB-00011-R000198-BA.DOCX
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accounts.
Audit Requirement. The bill requires the district master plan fund
and its accounts to be audited annually by an independent auditor
according to generally accepted accounting principles. The audit report
must be (1) open to public inspection and (2) provided to the Auditors
of Public Accounts.
Eligible Costs (§ 6)
The bill limits the use of a district master plan fund to paying certain
costs for (1) improvements made within the district, (2) improvements
made outside the district that are directly related to or necessary for the
district’s establishment or operation, and (3) environmental
improvement projects developed by the municipality that are associated
with the district.
Improvements Made in the District. The bill allows the fund to pay
the following costs for improvements made within the district:
1. capital costs, as described below;
2. financing costs, including closing and issuance costs, reserve
funds, and capitalized interest;
3. real property assembly costs;
4. technical and marketing assistance program costs;
5. professional service costs, including licensing, architectural,
planning, engineering, development, and legal expenses;
6. maintenance and operation costs (i.e., the cost of the activities
necessary to maintain and operate facilities after their
development, including informational, promotional, and
education programs, as well as safety and surveillance activities);
7. administrative costs, including reasonable charges for the time
municipal employees, other agencies, or third-party entities
spend implementing a district master plan; and 2024SB-00011-R000198-BA.DOCX
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8. organizational costs related to the district’s planning and
establishment, including the cost of conducting environmental
impact studies, informing the public about the district, and
implementing the district master plan.
Under the bill, capital costs include the cost of:
1. acquiring or constructing land, improvements, infrastructure,
measures designed to improve resilience, environmental
infrastructure, clean energy projects, public ways, parks,
buildings, structures, railings, signs, landscaping, plantings,
curbs, sidewalks, turnouts, recreational facilities, structured
parking, transportation improvements, pedestrian
improvements, and other related improvements, fixtures and
equipment for public or private use;
2. demolishing, altering, remodeling, repairing, or reconstructing
existing buildings, structures, and fixtures;
3. remediating environmental contamination;
4. preparing a site and finishing work; and
5. incurring associated fees and expenses, such as licensing,
permitting, planning, engineering, architectural, testing, legal,
and accounting expenses.
Improvements Made Outside the District. For improvements made
outside the district that are directly related to or necessary for
establishing or operating the district, the fund may pay the:
1. portion of the costs reasonably related to constructing, altering,
or expanding facilities required due to improvements or
activities within the district, including roadways, traffic signals,
easements, sewage or water treatment plants or other
environmental protection devices, storm or sanitary sewer lines,
water lines, electrical lines, fire station improvement, and street
signs; 2024SB-00011-R000198-BA.DOCX
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2. costs of public safety and public school improvements made
necessary by the district’s establishment; and
3. costs of mitigating any of the district’s adverse impacts on the
municipality and its constituents.
Benefit Assessments (§ 7)
Funding Mechanism. Under the act, a municipality that constructs,
improves, extends, equips, rehabilitates, repairs, acquires, provides a
grant for public improvements in a district, or finances the cost of these
public improvements may assess a proportion of these costs as a benefit
assessment on real property in the district that benefits from these public
improvements. It may, by ordinance, apportion the value of the
improvements according to a formula that reflects the actual benefits
accruing to the various properties because of the development and
maintenance (presumably, the public improvements and their
maintenance).
The municipality may (1) require property owners to pay the benefit
assessments in annual installments for up to 50 years and (2) forgive the
benefit assessments in any given year without affecting future
installments. The municipality may assess buildings or structures
constructed or expanded in the district after the initial benefit
assessment is imposed as if they had existed at the time of the original
benefit assessment.
Revising and Adopting the Assessments. The municipality must
revise and adopt the assessments at least once a year within 60 days
before the start of the fiscal year. If the municipality imposes the benefit
assessments before acquiring or constructing the public improvements,
it may subsequently adjust the assessments once the improvements are
complete to reflect their actual cost.
Public Hearing and Notice Requirement. Before estimating and
imposing a benefit assessment, the municipality must hold at least one
public hearing on the payment schedule or any revisions to it. It must
publish a notice of the hearing at least 10 days in advance in a 2024SB-00011-R000198-BA.DOCX
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conspicuous place on the municipality’s website (or municipalities’ sites
for joint districts). The notice must include:
1. the hearing’s date, time, and place;
2. a legal description of the district’s boundaries;
3. a statement that all interested property owners in the district will
be given an opportunity to be heard at the hearing and file
objections to the assessment amount;
4. the maximum assessment to be extended in any one year; and
5. a statement indicating that the proposed list of properties to be
assessed and the estimated assessments against those properties
are available at the town or assessor’s office.
The notice may also include the maximum number of years that the
assessments will be levied. The municipality must make the proposed
benefit assessment schedule available to any member of the public,
upon request, by the notice’s publication date.
The bill generally applies the same statutory public hearing and
appeal procedures to district benefit assessments as apply under
existing law to municipal sewer system benefit assessments levied by
water pollution control authorities (CGS § 7-250). It substitutes the
municipality’s board of finance (or legislative body if it has no board of
finance) for the water pollution control authority for purposes of this
process. The municipality must also follow this notice and hearing
process when increasing benefit assessments or extending the number
of years that they will be levied.
Collection and Enforcement. The municipality has the same
powers to collect and enforce the benefit assessments as it does for
municipal taxes. It must establish the payment due date and provide
notice of the due date at least 30 days in advance by (1) publishing it in
a conspicuous place on each applicable municipality’s website (with the
posting’s date and time) and (2) mailing it to the last known address of
the affected property owners. Assessment revenues must be paid into 2024SB-00011-R000198-BA.DOCX
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the appropriate district master plan fund account.
Unpaid benefit assessments are liens against the property. Property
owners must pay the same interest rate on delinquent assessments as on
delinquent property taxes (1.5% per month or 18% per year). The liens
(1) may be continued, recorded, and released in the same manner as
property tax liens; (2) take precedence over all other liens and
encumbrances, except those for municipal property taxes; and (3) may
be enforced in the same way as property tax liens.
Bonds (§ 8)
To carry out or administer a district master plan or other functions
under the bill’s provisions, municipalities may issue bonds and other
obligations (e.g., refunding bonds, notes, interim certificates, and
debentures) backed by:
1. their full faith and credit (i.e., GO bonds);
2. the income, proceeds, revenues, and property within the district,
including grants, loans, advances, or contributions from state,
federal, or other sources;
3. tax increment and increased savings revenues and benefit
assessments; or
4. any combination of these sources.
Under the bill, only the municipality’s GO bonds count towards its
bond cap.
The bill requires municipalities to authorize these bonds, without the
state’s consent, by resolution of its legislative body, regardless of any
other statute, municipal ordinance, or charter provision governing
municipal bond issuances. The municipality’s legislative body, or the
municipal officers to which the legislative body delegates authority for
issuing the bonds, must determine:
1. how the bonds will be issued and sold; 2024SB-00011-R000198-BA.DOCX
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2. their interest rates, including variable rates;
3. the term over which they will mature, which must be no more
than 30 years;
4. when interest will be paid;
5. whether and under what terms bonds may be purchased or
redeemed; and
6. all other issuing conditions.
It allows the municipality to secure the bonds by executing a trust
agreement with a bank or trust company that contains reasonable
provisions for protecting and enforcing bondholders’ rights. Any
pledge the municipality makes concerning such agreement is (1) valid
and binding from the time it is made; (2) immediately subject to a lien
without physical delivery of the money; and (3) valid and binding
against all parties with claims against the board, regardless of whether
the parties received specific notice of the lien. (It is unclear if this refers
to the advisory board or some other entity.) It specifies that any
expenses the municipality incurs in carrying out the trust agreement
may be treated as project costs.
The bill assures bondholders that state and local entities may invest
in the bonds and that the state will not limit or alter the district, or the
municipality’s powers and duties with respect to the district, until the
bonds are repaid.
The bill specifies that its provisions do not restrict a municipality’s
ability to raise revenue to pay project costs by any other legal means.
Priority Projects (§ 10)
Under the bill, districts must prioritize the solicitation, selection, and
design of infrastructure projects designed to increase resilience and that
either:
1. use natural and nature-based solutions meant to restore,
maintain, or enhance ecosystem services and processes that 2024SB-00011-R000198-BA.DOCX
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maintain or improve environmental quality in or near the district
or
2. address the needs of environmental justice communities (i.e.,
distressed municipalities or areas where at least 30% of the
population consists of low-income people who are not
institutionalized and have an income below 200% of the federal
poverty level) or vulnerable communities (i.e., populations that
may be disproportionately affected by climate change).
If the resiliency project results in affordable housing being
demolished or reduced, the municipality, resiliency project developer,
property owner, or a third-party entity must commit to replacing these
units in the district within four years. If this is not feasible within the
district, then the units must be replaced reasonably close to the district
at a rate of at least two units for each one that would have otherwise
been replaced in the district.
§§ 11-12, 18 & 25 — PLANS OF CONSERVATION AND
DEVELOPMENT
Generally expands the information that must be included in local, regional, and the state’s
plans of conservation and development to include strategies for responding to and
information related to climate change effects (e.g., increased precipitation or extreme heat)
Plans of conservation and development are statements of
development, resource management, and investment policies created
by certain government entities. Municipalities and regional councils of
government (COGs) must update their plans at least once every 10
years; the Office of Policy and Management (OPM) must submit an
updated plan to the legislature for its approval once every five years
(CGS §§ 8-23, 8-35a and 16a-24 et seq.).
The bill makes changes to each type of plan (i.e., local, regional, and
state) to include strategies for responding and information related to
climate change effects, as described below.
Local Plans (§§ 11 & 12)
Required Considerations. State law sets out what local planning
commissions (or a special committee a commission appoints) must 2024SB-00011-R000198-BA.DOCX
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consider when preparing local plans of conservation and development,
including things like the municipality’s needs; protecting and
preserving agriculture; using development patterns that are consistent
with the municipality’s soil, terrain, and infrastructure capacity; the
state and regional plans of conservation and development; and the most
recent sea level change scenario. For plans adopted on or after October
1, 2026, the bill broadens the commissions’ considerations to include the
most recent hazard and climate projections from federal and state
authorities, such as the National Oceanic and Atmospheric
Administration (NOAA), Federal Emergency Management Agency
(FEMA), the Environmental Protection Agency (EPA), and UConn.
Plan Purposes. State law sets the requirements for local plans of
conservation and development. The bill adds to the mandated content
by requiring plans, adopted beginning October 1, 2026, to:
1. include a climate change vulnerability assessment;
2. take into account identified threats, vulnerabilities, and impacts
from the vulnerability assessment for the recommended most
desirable land uses;
3. note inconsistencies with reducing vehicle mileage as a growth
management principle;
4. identify infrastructure (e.g., facilities, public utilities, roadways)
that is critical for evacuation and sustaining quality of life during
a natural disaster and must always be operational;
5. identify strategies and design standards that may be used to
avoid or reduce risks from natural disasters, hazards, and climate
change; and
6. include geospatial data that is (a) used to prepare the plan or (b)
needed to convey the plan’s information.
The bill allows local plans of conservation and development to
identify areas vulnerable to climate change effects to prioritize finding
for infrastructure needs and resilience planning. 2024SB-00011-R000198-BA.DOCX
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Under the bill, the climate change vulnerability assessment must (1)
be based on information from the above-referenced state and federal
authorities (i.e., NOAA, FEMA, EPA, and UConn) and (2) assess
existing and anticipated threats to and vulnerabilities from natural
disasters, hazards, and climate change (e.g., increased temperatures,
drought, flooding, storm damage, and sea level rise). It must also assess
the impacts of the disasters and hazards to individuals, communities,
institutions, businesses, economic development, public infrastructure
and facilities, public health, safety, and welfare.
Additionally, the assessment must:
1. identify goals, policies, and techniques to avoid or reduce the
above threats, vulnerabilities, and impacts;
2. describe any consistencies and inconsistencies between the
assessment and any existing or proposed municipal natural
hazard mitigation plan, floodplain management plan,
comprehensive emergency operations plan, emergency response
plan, post-disaster recovery plan, long-range transportation plan,
or capital improvement plan; and
3. identify and recommend any needed (a) integration of data from
the assessment into these plans and (b) actions to make the
assessment and plans consistent.
Lastly, the bill allows a planning commission or its special committee
to use information and data from the plans that are compared for
consistency as part of the vulnerability assessment (e.g., hazard
mitigation or emergency response plans) when preparing the plan of
conservation and development. This explicitly includes using a
document the applicable COG coordinated with separate provisions for
each municipality. However, this data cannot be incorporated by
reference; the bill requires it to be summarized and applied in the plan
to the municipality’s specific policies, goals, and standards.
Optional Commission Recommendations . The bill similarly
expands the topics for which commissions and special committees may 2024SB-00011-R000198-BA.DOCX
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make recommendations in their plans. Existing law permits
recommendations for things such as airports; parks; locations for public
buildings, public utilities, public housing projects; programs to
implement the plan; and priority funding areas.
The bill also permits recommendations for a (1) land use program to
promote reducing and avoiding risks from natural disasters, hazards,
and climate change and (2) transfer of development rights program,
which sets criteria for sending and receiving sites and related technical
details (see § 23 below). It specifies that the recommended land use
program may be a resiliency improvement district, which the bill
authorizes municipalities to establish (see §§ 1-10 above).
Plan Submission. Under existing law, the planning commission
must submit a copy of the plan to OPM, along with a description of any
inconsistencies between the plan and the state plan of conservation and
development, within 60 days after adopting it. The bill requires that (1)
the submission include the geospatial data used to prepare the plan, as
prescribed by the OPM secretary and (2) the described inconsistencies
include a comparison with the applicable regional plan of conservation
and development.
Regional Plans (§ 18)
By law, regional conservation and development plans must, among
other things, identify areas where it is feasible and prudent to promote
compact, transit-accessible, pedestrian-oriented mixed use
development patterns. They also note inconsistencies of those patterns
with certain specified growth management principles, such as
protecting environmental assets that are critical to public health and
safety. The bill adds protecting ecosystem services to this principle.
Current law allows for regional plans of development to encourage
energy-efficient development patterns, use of solar and other forms of
renewable energy, and energy conservation. Under the bill, the plans
may also include land use strategies to reduce climate change effects
and the development patterns must be resilient in addition to energy
efficient. 2024SB-00011-R000198-BA.DOCX
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The bill also requires these plans, beginning October 1, 2025, to (1)
show consistency with the regional long-range transportation plan and
the regional summary of the hazard mitigation plan (where there is a
regional hazard mitigation plan) and (2) identify critical facilities in the
region along with geospatial data showing the facilities’ location,
address, and general function. This data must be available to the
Department of Emergency Services and Public Protection (DESPP) and
OPM if either asks for it.
State Plan (§ 25)
The state plan of conservation and development (POCD) is a five-
year plan to guide state agency action affecting land and water
resources. OPM, through its secretary, prepares revisions to the plan
and the law specifies numerous considerations and components the
POCD must address and include (CGS § 16a-24 et seq.).
The bill broadens the required considerations and recommendations
related to flooding and erosion beginning with POCDs adopted after the
adoption of the 2025-2030 POCD, which is currently under
development. Specifically, as shown in the table below, these later plans
must also (1) consider risks from changes in the rate and timing of
precipitation and increased average temperatures from extreme heat; (2)
identify impacts from the extreme heat and drought; and (3) make land
use strategy recommendations that minimize risks to public health,
infrastructure, and the environment.
Table: Required POCD Contents Under Current Law and the Bill
Current Law (2025-2030 POCD) Future POCDs Under the Bill
Consider risks due to increased coastal
flooding and erosion (depending on site
topography), based on the most recent sea
level change scenario for Connecticut
published by UConn’s Marine Sciences
Division
Consider risks due to:
• increased flooding and erosion
(depending on site topography), based
on the most recent sea level change
scenario for Connecticut published by
UConn’s Marine Sciences Division and
• changes in the rate and timing of annual
precipitation and increased average
temperatures from extreme heat
Identify impacts from the increased flooding
and erosion on infrastructure and natural
Identify impacts from the extreme heat,
drought, and increased flooding and erosion 2024SB-00011-R000198-BA.DOCX
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Current Law (2025-2030 POCD) Future POCDs Under the Bill
resources on infrastructure and natural resources
Make recommendations for siting future
infrastructure and property development to
minimize using areas prone to the flooding
and erosion
Make recommendations for:
• siting future infrastructure and property
development to minimize using areas
prone to the flooding and erosion and
• land use strategies that minimize risks
to public health, infrastructure, and the
environment
Consider the state’s GHG reduction goals* Consider the state’s GHG reduction goals*
*The Global Warming Solutions Act requires the state to reduce GHG emissions to certain levels, like
45% below 2001 emission levels by January 1, 2023, and 80% below 2001 emission levels by January 1,
2050. It also requires the state to reduce GHG emissions from electricity supplied to electric customers in
the state to zero percent by January 1, 2040 (CGS § 22a-200a).
§§ 13 & 26 — CIVIL PREPAREDNESS
Beginning October 1, 2028, requires the state’s comprehensive civil preparedness plan and
program to consider observed and projected climate trends related to certain situations;
explicitly includes extreme heat in the state’s definition of “major disaster” and
incorporates prolonged or intense exposure to certain conditions as a circumstance
triggering civil preparedness response
By law, the DESPP commissioner must prepare a comprehensive
state plan and program for civil preparedness (activities and measures
to address certain disasters or emergencies), subject to the governor’s
approval. Beginning October 1, 2028, the bill requires the plan and
program to consider observed and projected climate trends related to
extreme weather events, drought, coastal and inland flooding, storm
surge, wildfire, extreme heat, and any other hazards the commissioner
deems relevant.
Additionally, under current law, “civil preparedness” includes a
range of activities and measures to be taken in anticipation of, during,
and in response to an attack, major disaster, or emergency. The bill
expands this definition to include prolonged or intense exposure to
precipitation, drought, heat, fire, and flooding as a circumstance
triggering action. It also expands what constitutes a “major disaster” by
explicitly including extreme heat. By law, a “major disaster” is a
catastrophe that either the President determines needs major disaster
assistance or the governor determines requires a civil preparedness
emergency declaration. The gubernatorial declaration authorizes the 2024SB-00011-R000198-BA.DOCX
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governor to personally take direct operational control of state civil
preparedness functions and take certain other actions (e.g., apply for
federal financial assistance, clean up debris, take possession of certain
property) (CGS §§ 28-9, -9b, -9c and -11). The law similarly allows, if
there is a major disaster, the chief executive officer of the municipality
in which it occurs to take actions to mitigate it (CGS § 28-8a).
§ 14 — LOCAL EVACUAT ION OR HAZARD MITIGATION PLANS
Requires municipal evacuation or hazard mitigation plans to identify and address certain
threats to sea level change (e.g., to critical infrastructure) and ways to avoid or reduce
climate change’s effects; requires use of geospatial data in identifying those threats
Beginning October 1, 2025, the bill requires municipal evacuation
plans and municipal hazard mitigation plans to identify and address (1)
threats to surface transportation, critical infrastructure, and local land
uses due to sea level change and (2) actions, strategies, and capital
projects to avoid or reduce impacts and risks from climate change (e.g.,
increased precipitation, flooding, sea level rise, and extreme heat). The
transportation, infrastructure, land uses, actions, strategies, and capital
projects must be identified in geospatial data, as applicable, which must
be provided to DESPP and OPM if they ask for it. This work may be
done regionally.
§ 15 — MUNICIPAL RESERVE FUNDS
Explicitly allows municipal reserve funds to cover expenditures intended to increase a
capital improvement’s resiliency against climate change impacts
Existing law restricts the use of municipal reserve funds to specified
purposes, including financing capital and nonrecurring expenditures to
plan, construct, reconstruct, or acquire a specific capital
improvement. The bill explicitly allows the funds to cover these
expenditures when they are intended to increase a capital
improvement’s resiliency against climate change impacts (e.g.,
increased precipitation, flooding, sea level rise, and extreme heat).
As under existing law, reserve funds may also be used to (1) acquire
a specific piece of equipment, (2) pay property tax revaluation costs, and
(3) pay the costs associated with preparing, amending, or adopting a
municipal plan of conservation and development. By law, the
municipality’s budget-making authority must recommend, and its 2024SB-00011-R000198-BA.DOCX
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legislative body must approve, any expenditure from the reserve fund.
§ 16 — TOWN AID ROAD
Expands the eligible uses of Town Aid Road program funds by adding construction,
reconstruction, improvements, and maintenance to increase resiliency against increased
precipitation, flooding, sea level rise, and extreme heat
The bill expands the eligible uses of municipal Town Aid Road (TAR)
program grants to include construction, reconstruction, improvements,
and maintenance to increase resiliency against increased precipitation,
flooding, sea level rise, and extreme heat.
By law, $12.5 million of money appropriated to the Department of
Transportation (DOT) is allocated each fiscal year for distribution under
the TAR program. Currently, municipalities can use their TAR grant for
a variety of activities like highway and bridge construction or
maintenance, snow plowing and sanding, tree trimming or removal,
installing traffic signs and signals, traffic control, vehicle safety
programs, parking planning, and providing essential public
transportation services and facilities.
§ 17 — MUNICIPAL CULVERT AND BRIDGE REPO RT
Requires each municipality to submit an annual report to OPM, DOT, DEEP, and any
applicable COG on its culverts and bridges
Beginning by October 1, 2026, the bill requires each municipality to
annually submit a report on each culvert and bridge within its control
and boundaries to OPM, DOT, the Department of Energy and
Environmental Protection (DEEP), and any COG that it belongs to.
However, the bill allows this work to be done on a regional basis.
Under the bill, the report must include each culvert and bridge’s (1)
geospatial data, (2) locational coordinates, and (3) age and dimensions.
It must also have any other information determined necessary, and be
in the format set by OPM in consultation with DOT and DEEP.
§§ 19-21 — STATE FIRE SAFETY AND BUILDING CODES
Requires at least five Code and Standards Committee members to be experienced in
construction techniques that increase building resiliency to climate change effects;
requires the education and training programs for code officials and certain professions to
include construction technique information related to energy efficiency, GHG emissions,
and building resiliency; requires amending the State Building Code to (1) include design 2024SB-00011-R000198-BA.DOCX
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and construction requirements related to GHG reduction and resiliency to climate change
effects and (2) incorporate the most recent IECC
Code and Standards Committee (§ 19)
The bill requires at least five members of the Department of
Administrative Services’ (DAS) Code and Standards Committee to be
trained, certified, or experienced in construction techniques that
increase the resilience of buildings (and their elements) to climate
change effects.
By law, the committee works with the state building inspector and
state fire marshal to enforce the state building and fire safety and fire
codes. Each committee member, other than the public members, must
have at least 10 years practical experience in his or her profession or
business. The members include architects, certain trades contractors,
engineers, construction superintendents, building officials, and local
fire marshals.
Education & Training Program (§ 20)
By law, the DAS commissioner must establish (1) an education and
training program in the mechanics and application of the state’s
building and fire safety codes for municipal and state code officials and
candidates for those positions and (2) a continuing educational program
on the same topic for architects, engineers, landscape architects, interior
designers, builders, contractors, or construction supervisors doing
business in Connecticut.
The bill requires that both programs include education and training
in construction techniques that (1) maximize energy efficiency, (2)
minimize GHG emissions, and (3) increase the resiliency of buildings
(and their elements) to climate change effects.
State Building Code Revisions (§ 21)
Energy Efficiency. The bill requires the state building inspector and
Codes and Standards Committee, beginning July 1, 2025, to amend the
State Building Code to (1) require that the commercial and residential
buildings and building elements the law already requires to be designed
with optimum cost-effective energy efficiency also be designed for 2024SB-00011-R000198-BA.DOCX
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optimum GHG emission reduction and resiliency against climate
change impacts over the buildings’ useful lives and (2) incorporate the
most recent International Energy Conservation Code (IECC), no later
than 18 months after its publication.
As under existing law, the bill specifies that these requirements
cannot be read to impose any new requirement for renovating or
constructing state buildings subject to green building standards (CGS §
16a-38k), regardless of whether the building was given an exemption.
The IECC is a model building code that sets minimum energy
efficiency standards for new construction. The State Building Code
currently incorporates the 2021 IECC. The 2024 IECC is expected to be
published in 2024.
Construction Standards. The bill requires the state building
inspector and the Code and Standards Committee, beginning July 1,
2025, and in consultation with the DAS commissioner, to amend the
State Building Code to require that certain buildings meet or exceed
optimum cost-effective building construction standards for resiliency to
flood and wind hazards, climate change effects, and the most recent sea
level change scenario UConn’s Marine Science Division publishes at
least every 10 years. These requirements apply to buildings over a
specified minimum size that are new construction or a major alteration
that existing law requires must at least meet optimum cost-effective
construction standards for the thermal envelope or mechanical systems.
Additionally, the bill requires:
1. the new resiliency standards to reference nationally accepted
green building rating systems, as existing law already requires
for the thermal envelope or mechanical system standards and
2. both standards to reference nationally accepted resiliency
standards like the Insurance Institute of Business & Home
Safety’s Fortified Construction Standard any other applicable
standards publicized or endorsed by the U.S. Department of
Energy, FEMA, or other relevant federal agencies. 2024SB-00011-R000198-BA.DOCX
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As under existing law, the new requirements must have a way to
show compliance with them when a person applies for a building
occupancy certificate.
§ 22 — ZONING REGULATIONS
Requires that municipal zoning regulations (1) be designed to protect against sea level
rise, extreme heat, and climate change and (2) provide for proper ways to mitigate and
avoid the negative effects of sea level change; allows zoning regulations to (1) require or
promote resilience and (2) give incentives for using flood-risk reduction building methods
Required Provisions
The bill requires that zoning regulations adopted under the Zoning
Enabling Act (as opposed to a special act) be designed to protect against
sea level rise, extreme heat, and climate change. The law already
requires that they be designed to protect from fire, panic, flood, and
other dangers.
It additionally requires that the regulations include proper ways to
mitigate and avoid the potential negative effects of sea level change on
public health, public welfare, and the environment. In doing so, the
regulations must consider the most recent sea level change scenario for
Connecticut published by UConn’s Marine Sciences Division.
Optional Provisions
The bill allows zoning regulations to require or promote resilience
(i.e., the ability to prepare for and adapt to changing conditions and
withstand and recover rapidly from deliberate attacks, accidents, or
naturally occurring threats or incidents, such as those associated with
climate change). It also allows them to give incentives for developers
who use flood-risk reduction building methods.
§§ 22-23 & 36 — TRANSFER OF DEVELOPMENT RIGHTS SYSTEMS
Allows municipal zoning regulations to provide for (1) a regional TDR system and (2)
sending and receiving sites in conjunction with a multi-town or regional TDR system;
allows COGs to administer joint or multi-town TDR systems; allows two or more
municipalities to set up a TDR bank; and sets criteria for eligible sending and receiving
sites
Municipal or Regional TDR Systems
A transfer of development rights (TDR) system involves separating
the right to develop land from the land itself, a process that makes the 2024SB-00011-R000198-BA.DOCX
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development right a marketable credit. These systems usually involve
designating (1) preservation areas (i.e., sending sites) where building is
restricted and (2) development areas (i.e., receiving sites) where
developers can exceed permitted densities if they buy development
rights from owners in the preservation areas. Existing law allows (1) a
single municipality to establish a TDR system through its zoning
regulations and (2) two or more municipalities to enter into an
agreement for a joint or multi-town TDR system.
The bill allows municipalities to provide for (1) a regional TDR
system through their zoning regulations, just as existing law allows for
municipal TDR systems, and (2) sending and receiving sites in
conjunction with a multi-town or regional TDR system. The bill also
allows COGs or other agencies to administer these joint or multi-town
TDR systems.
As under current law for municipal TDR systems, the bill allows
regional TDR systems to vary density limits in connection with a
transfer. It also eliminates the current requirement that a TDR system
adopted through zoning regulations require both parties (transferors
and transferees) to apply jointly for the transfer.
TDR Banks
The bill allows two or more municipalities that have entered into a
TDR agreement to enter into an interlocal agreement to set up a TDR
bank. (The bill does not specify a TDR bank’s purposes or duties.) These
interlocal agreements must:
1. identify the receiving site and include the local development
rights legislation that has been or will be adopted by the
municipality or municipalities where these sites are located,
2. describe procedures for terminating the TDR bank, and
3. describe the conversion ratio to be used in the receiving site.
Under the bill, the conversion ratio may express the extent of
additional development rights in any combination of units, floor area, 2024SB-00011-R000198-BA.DOCX
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height, or other applicable development standards that the municipality
may modify to create incentives for purchasing development rights.
Eligible Receiving Sites. Under the bill, each of these receiving sites
must be:
1. eligible to connect with a public water system,
2. within one-half mile from public transportation facilities (e.g.,
rail and bus stations) and above the 500-year flood elevation,
3. outside the boundaries of core forest (i.e., unfragmented forest
last that is at least 300 feet from the boundary between forest land
and non-forest land, as determined by the DEEP commissioner),
and
4. outside the boundaries of any area impacted by the state’s most
recent sea level change scenario.
Eligible Sending Sites. The bill specifies that eligible sending sites
may include:
1. core forest or agricultural land,
2. farm land classified under the “PA 490 program” (which allows
eligible land to be assessed for property tax purposes based on its
current use, rather than its fair market, value),
3. areas identified as containing habitat for endangered or
threatened species (as identified under state or federal law or a
written determination of the U.S. Fish and Wildlife Service or
state and federally recognized tribe), and
4. areas within the boundaries of a floodplain or area impacted by
the state’s most recent sea level change scenario.
§ 24 — PROPERTY FORTIFICATION WORKING GROUP
Requires the insurance commissioner, within available resources, to convene a working
group to study homeowner and small business building fortification needs related to
potential losses from natural disasters, hazards, and climate change; requires the working
group to submit its findings and recommendations by January 1, 2025 2024SB-00011-R000198-BA.DOCX
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The bill requires the insurance commissioner, by September 1, 2024,
and within available resources, to convene and appoint members to a
working group to study the fortification needs of homeowners and
small business owners against potential losses from natural disasters,
hazards, and climate change.
The working group must also make recommendations on the
feasibility of creating a program to help these owners fortify their homes
and places of business against these losses. The recommendations must
include:
1. the program’s structure and oversight;
2. potential incentives for homeowners and small business owners
to fortify homes and places of business, particularly in vulnerable
communities (i.e., populations that may be disproportionately
impacted by climate change); and
3. identified program funding sources.
The bill requires the working group to hold at least one public forum
to receive input on the recommendations.
Under the bill, the working group’s members must have expertise in
construction, insurance, natural disasters and hazards, emergency
preparedness, and climate change. The insurance commissioner
appoints the group’s chairpersons from among its members.
The bill requires the working group to submit a report with its
findings and recommendations to the governor and Insurance and Real
Estate Committee by January 1, 2025. The working group ends when it
submits the report or January 1, 2025, whichever is later.
§§ 27-31 — OPEN SPACE AND WATERSHED LAND ACQUISITION
GRANT PROGRAM
Allows up to 5% of OSWA grants to reimburse for in-kind services or incidental expenses
under certain circumstances; expands the circumstances under which OSWA grant funds
may be used to restore or protect open space already owned by the applicant, such as when
the land is in an environmental justice community; increases the membership of the
Natural Heritage, Open Space and Watershed Land Acquisition Review Board to include 2024SB-00011-R000198-BA.DOCX
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two DEEP-appointed members who represent or are from certain communities, such as
environmental justice areas; makes conforming changes (§§ 30 & 31)
OSWA Grant Expansion (§§ 27 & 29)
The Open Space and Watershed Land Acquisition Program (OSWA),
which DEEP administers, generally gives state grants to municipalities,
land trusts, and water companies to buy land to be preserved as open
space in perpetuity.
The bill allows for up to 5% of the total amount of OSWA program
grants in any fiscal year to be made to distressed municipalities,
targeted investment communities, land trusts, and municipalities to
reimburse for in-kind services or incidental expenses to acquire land
(e.g., survey fees, appraisal costs, legal fees) that is located in a
distressed municipality, targeted investment community, or an
environmental justice community.
Current law allows DEEP, under the OSWA program, to give grants
to distressed municipalities and targeted investment communities to
restore or protect natural features or habitats on open space land they
already own. The bill expands the eligibility of these grants to (1)
municipalities that seek to restore or protect open space in an
environmental justice community and (2) land trusts that seek to restore
or protect open space that is in a distressed municipality, targeted
investment community, or an environmental justice community. As
under existing law, the total amount of the grants that DEEP makes for
this purpose cannot exceed 20% of all OSWA grants made in any fiscal
year.
The bill caps the amount of program grants to municipalities with
environmental justice communities at 75% of the land value or 50% of
the costs of work to restore, enhance, or protect resources. This is the
same percentage available under existing law for distressed
municipalities, targeted investment communities, land trusts, and water
companies.
By law, an “environmental justice community” is (1) a distressed
municipality or (2) any U.S. census block group, as determined by the 2024SB-00011-R000198-BA.DOCX
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most recent census, for which at least 30% of the population consists of
low-income people who are not institutionalized and have an income
below 200% of the federal poverty level.
Natural Heritage, Open Space and Watershed Land Acquisition
Review Board (§ 28)
The bill increases, from 21 to 23, the membership of the Natural
Heritage, Open Space and Watershed Land Acquisition Review Board.
Both members are appointed by the DEEP commissioner. One must
represent a community of color, low -income community, or
community-based organization, or be a professor from a college or
university in Connecticut with environmental justice experience. The
other must live in a U.S. census block group, as determined by the most
recent census, for which at least 30% of the population consists of low-
income people who are not institutionalized and have an income below
200% of the federal poverty level.
By law, this board is responsible for helping and advising the DEEP
commissioner carry out the requirements of the OSWA and Recreation
and Natural Heritage Trust programs, the latter of which is generally
tasked with acquiring land for public use that represents the state’s
ecological diversity, is essential habitat for endangered or threatened
species, or is of unusual natural interest. Board members serve three-
year terms.
§ 32 — STATE WATER PLAN UPDATE
Requires the state water plan’s next update to (1) consider (a) the potential impact of
climate change on water resource quality and (b) temperatures and precipitation
information when identifying water quantities and qualities for various uses and (2)
include recommendations and an implementation plan for reducing effects on water from
climate change and extreme weather
The bill requires the next update to the state water plan to consider
(1) the potential impact of climate change on water resource quality and
(2) past conditions and predictions of future temperatures and
precipitation when identifying available quantities and qualities of
surface water and groundwater that are for public water supply, health,
economic, recreation, and environmental benefits on a regional basin
scale. It must also include recommendations and an implementation 2024SB-00011-R000198-BA.DOCX
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plan to reduce effects on water quality and quantity from climate change
and extreme weather events.
By law, the Water Planning Council (WPC) is responsible for
preparing and periodically updating the state water plan, which is used
to manage the state’s water resources. The WPC is comprised of the
DEEP and Department of Public Health (DPH) commissioners, the
Public Utilities Regulatory Authority (PURA) chairperson, and the
OPM secretary, or their designees. Adoption of the plan, and revisions
to it, involves (1) an opportunity for the public to review the plan, attend
a public hearing on it, and submit written comments; (2) legislative
review, which may include a public hearing; and (3) approval by the
governor if the legislature does not timely approve it (i.e., within 24
months after its original submission) (CGS §§ 25-33o and 22a-352).
§ 33 — WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM
REGULATION AND PERMI T REVIEW
On a 10-year basis beginning by the end of 2028, requires DEEP, DPH, and PURA to
review and revise their water supply regulations and DEEP and DPH to review and
revise their sewage disposal system permitting processes and related regulations, all to
include certain projections
The bill requires DEEP, DPH, and PURA to each (1) review their
respective regulations on water supply and (2) revise them to include
the most concurrent projections on precipitation, temperature, and
other conditions that could impact water quality, quantity, and
distribution.
The bill also requires DEEP and DPH to each review and revise their
sewage disposal system permitting processes and related regulations to
include the most concurrent projections on precipitation, flooding, sea
level rise, and other conditions that could impact public safety and
environmental quality.
These efforts must be done every 10 years, beginning by December
31, 2028.
§ 34 — EMINENT DOMAIN FOR FLOOD CONTROL IN BRIDGEPORT 2024SB-00011-R000198-BA.DOCX
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Authorizes DEEP to acquire certain property in Bridgeport related to a flood control and
protection project; prescribes a process for DEEP, if needed, to require the relocation or
removal of public service facilities
The bill authorizes DEEP to acquire by purchase, gift, devise,
exchange, or eminent domain up to 25.7 acres of real property (or its
interests or rights) in Bridgeport for flood control and protection and
related public purposes. The acquisition must be necessary to build a
disaster relief, long-term recovery, or infrastructure restoration project
funded by a 2016 Community Development Block Grant for natural
disaster resilience (i.e., the Resilient Bridgeport project).
Under the bill, the acquisition must occur before October 1, 2034, and
the owner of any private property subject to eminent domain may
challenge the amount of compensation involved in Superior Court.
If the DEEP commissioner determines that the property or its flood
control and protection improvement’s construction, operation,
maintenance, repair, or reconstruction would need a public service
facility (e.g., power lines or pipelines) to be readjusted, relocated, or
removed, she may issue an order to do so to the company, corporation,
or municipality that owns or operates it.
After receiving the order, the public service facility must be promptly
readjusted, relocated, or removed, but the state must, within available
appropriations, pay an equitable share of the cost to do so, including the
cost to install and construct a public service facility of equal capacity in
a new location. The bill specifies that the equitable share is calculated in
the same way that DOT calculates the equitable share for the same
actions with respect to state highways, but not limited access highways.
§ 35 — CLIMATE RESILIENCY FUND REPORT
Requires the DEEP commissioner, in consultation with the insurance commissioner, to
report to the Environment Committee on creating a coastal resiliency fund supported by a
surcharge on certain insurance policies
The bill requires the DEEP commissioner, by January 1, 2025, and in
consultation with the insurance commissioner, to submit a report to the
Environment Committee about the requirements for creating a coastal
resiliency fund that is funded by (1) a surcharge on insurance policies 2024SB-00011-R000198-BA.DOCX
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for property damage, general liability, business interruption, and any
other type of business loss or (2) a similar mechanism related to fossil
fuel projects.
Under the bill, the report must include (1) an inventory of relevant
fossil fuel projects, (2) recommendations for structuring the fund and
the assessment, and (3) ways to ensure maximum assessment
compliance. “Fossil fuel projects” include those intended to facilitate or
expand exploring, extracting, processing, exporting, or transporting
(excluding by truck), storing, or taking other significant action related
to oil, natural gas, or coal. This explicitly includes building
infrastructure for these activities like wells, pipelines, terminals,
refineries, or utility-scale generation facilities.
BACKGROUND
Related Bill
sHB 5004, § 17, favorably reported by the Environment Committee,
requires local plans of conservation and development to evaluate
environmental sustainability and climate resiliency.
COMMITTEE ACTION
Environment Committee
Joint Favorable Substitute
Yea 23 Nay 11 (03/15/2024)