Connecticut Senate Bill SB00011 Latest Draft

                             
 
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General Assembly  Substitute Bill No. 11  
February Session, 2024 
 
 
 
 
 
AN ACT CONCERNING CONNECTICUT RESILIENCY PLANNING AND 
PROVIDING MUNICIPAL OPTIONS FOR CLIMATE RESILIENCE.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective July 1, 2024) As used in this section and 1 
sections 2 to 10, inclusive, of this act unless the context otherwise 2 
requires: 3 
(1) "Captured assessed value" means the amount, as a percentage or 4 
stated sum, of increased assessed value that is utilized from year to year 5 
to finance project costs pursuant to the district master plan. 6 
(2) "Clean energy project" means a renewable energy project that 7 
utilizes Class I renewable sources, as defined in section 16-1 of the 8 
general statutes. 9 
(3) "Current assessed value" means the assessed value of all taxable 10 
real property within a resiliency improvement district as of October first 11 
of each year that the resiliency improvement district remains in effect. 12 
(4) "District master plan" means a statement of means and objectives 13 
prepared by the municipality, or two or more municipalities acting 14 
jointly under an interlocal agreement, relating to a resiliency 15 
improvement district that is designed to (A) reduce the risk of, or 16 
exposure to, extreme events, hazards and the effects of climate change, 17  Substitute Bill No. 11 
 
 
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(B) support economic development, (C) provide housing opportunities 18 
in existing residential areas, (D) improve or broaden the tax base, and 19 
(E) construct or improve the physical facilities and structures necessary 20 
for resilience projects, environmental infrastructure or clean energy 21 
projects, or any combination thereof, as described in section 4 of this act. 22 
(5) "Environmental infrastructure" has the same meaning as provided 23 
in section 16-245n of the general statutes. 24 
(6) "Financial plan" means a statement of the project costs and sources 25 
of revenue required to accomplish the district master plan. 26 
(7) "Increased assessed value" means the valuation amount by which 27 
the current assessed value of a resiliency improvement district exceeds 28 
the original assessed value of the resiliency improvement district. If the 29 
current assessed value is equal to or less than the original assessed 30 
value, there is no increased assessed value. 31 
(8) "Increased savings" means the valuation amount by which the 32 
current cost of any existing insurance premium, or other premium, 33 
surcharge or other fee identified within the resiliency improvement 34 
district may be reduced after the implementation of such district, 35 
resulting in a monetary savings to a resident of, or a business located in, 36 
such district. 37 
(9) "Joint resiliency improvement district" means a resiliency 38 
improvement district established by two or more contiguous 39 
municipalities that have entered into an interlocal agreement in 40 
accordance with sections 7-339a to 7-339l, inclusive, of the general 41 
statutes. 42 
(10) "Maintenance and operation" means all activities necessary to 43 
maintain facilities after they have been developed and all activities 44 
necessary to operate such facilities, including, but not limited to, 45 
informational, promotional and educational programs and safety and 46 
surveillance activities. 47  Substitute Bill No. 11 
 
 
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(11) "Municipality" means a town, city, borough, consolidated town 48 
and city or consolidated town and borough. 49 
(12) "Original assessed value" means the assessed value of all taxable 50 
real property within a resiliency improvement district as of October first 51 
of the tax year preceding the year in which the resiliency improvement 52 
district was established by the legislative body of a municipality. 53 
(13) "Project costs" means any expenditures or monetary obligations 54 
incurred or expected to be incurred that are authorized by section 6 of 55 
this act and included in a district master plan. 56 
(14) "Resilience" has the same meaning as provided in section 16-243y 57 
of the general statutes. 58 
(15) "Resilience project" means a project, including a capital project, 59 
that is designed and implemented to address climate change mitigation, 60 
adaptation or resilience, including, but not limited to, the following: 61 
(A) A project that mitigates the effects of river, bay or sea level rise, 62 
or rising groundwater, including wetlands or marsh restoration, 63 
riparian buffers, vegetated dunes, living shorelines, erosion control, 64 
road elevation, levees or other flood structures; 65 
(B) A project that mitigates the effects of extreme heat or the urban 66 
heat island effect, including increasing shade, deploying building and 67 
surface materials designed to reflect or absorb less heat, using pavement 68 
materials designed to reflect or absorb less heat, constructing, 69 
improving or modifying new or existing facilities or increasing access to 70 
cooling opportunities; 71 
(C) A project that mitigates the effects of drought, including the 72 
repurposing of land for multiple uses, the reduction of impervious 73 
surfaces, groundwater replenishment or groundwater storage, or a 74 
combination of such uses; or 75 
(D) A project intended to reduce the risk of flooding, including 76 
structure elevation or relocation, wetlands restoration, flood easements 77  Substitute Bill No. 11 
 
 
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or bypasses, riparian buffers or levees. 78 
(16) "Tax increment" means real property taxes assessed by a 79 
municipality upon the increased assessed value of property in the 80 
resiliency improvement district. 81 
(17) "Resiliency improvement district" means an area wholly within 82 
the corporate limits of one or more municipalities that has been 83 
established and designated as such pursuant to section 2 of this act and 84 
that is to be developed under a district master plan. 85 
(18) "Tax year" means the period of time beginning on July first and 86 
ending on the succeeding June thirtieth. 87 
Sec. 2. (NEW) (Effective July 1, 2024) (a) Any municipality may, by 88 
vote of its legislative body, establish a resiliency improvement district 89 
located wholly within the boundaries of such municipality in 90 
accordance with the requirements of this section and sections 3 to 10, 91 
inclusive, of this act. If a municipality is governed by a home rule 92 
charter, and such charter prohibits the establishment of a resiliency 93 
improvement district, such municipality shall not establish such district. 94 
Except as provided in subsection (d) of this section, the establishment of 95 
a resiliency improvement district approved by such municipality shall 96 
be effective upon the concurrent approval of such district and the 97 
adoption of a district master plan pursuant to section 4 of this act. 98 
(b) Within a resiliency improvement district, and consistent with the 99 
district master plan, the municipality, in addition to powers granted to 100 
such municipality under the Constitution of the state of Connecticut, the 101 
general statutes, the provisions of any special act or sections 3 to 10, 102 
inclusive, of this act shall have the following powers: 103 
(1) To acquire, construct, reconstruct, improve, preserve, alter, 104 
extend, operate or maintain property or promote development intended 105 
to meet the objectives of the district master plan. The municipality may 106 
acquire property, land or easements through negotiation or by other 107 
means authorized for any municipality under the general statutes; 108  Substitute Bill No. 11 
 
 
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(2) To execute and deliver contracts, agreements and other 109 
documents relating to the operation and maintenance of the resiliency 110 
improvement district; 111 
(3) To issue bonds and other obligations of the municipality in 112 
accordance with the provisions set forth in section 8 of this act; 113 
(4) Acting through its board of selectmen, town council or other 114 
governing body of such municipality, to enter into written agreements 115 
with a taxpayer that fixes the assessment of real property located within 116 
a resiliency improvement district, provided (A) the term of such 117 
agreement shall not exceed thirty years from the date of the agreement; 118 
and (B) the agreed assessment for such real property plus future 119 
improvements shall not be less than the assessment of the real property 120 
as of the last regular assessment date without such fu ture 121 
improvements. Any such agreement shall be recorded in the land 122 
records of the municipality. The recording of such agreement shall 123 
constitute notice of the agreement to any subsequent purchaser or 124 
encumbrancer of the property or any part of it, whether voluntary or 125 
involuntary, and such agreement shall be binding upon any subsequent 126 
purchaser or encumbrancer. If the municipality claims that the taxpayer 127 
or a subsequent purchaser or encumbrancer has violated the terms of 128 
such agreement, the municipality may bring an action in the superior 129 
court for the judicial district in which the municipality is located to 130 
enforce such agreement; 131 
(5) To accept grants, advances, loans or other financial assistance 132 
from the federal government, the state, private entities or any other 133 
source, including, but not limited to, such funds as allowable from 134 
sections 7-159d, 22a-498 and 25-85 of the general statutes, and undertake 135 
any additional actions necessary or desirable to secure such financial 136 
aid; and 137 
(6) Upon such terms as the municipality determines, to furnish 138 
services or facilities, provide property, lend, grant or contribute funds 139 
and take any other action such municipality is authorized to perform for 140  Substitute Bill No. 11 
 
 
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any other purposes. 141 
(c) The resiliency improvement district may be dissolved or the 142 
boundaries of such district may be modified upon the vote of the 143 
legislative body of the municipality, except that the resiliency 144 
improvement district may not be dissolved nor may the boundaries of 145 
the resiliency improvement district be decreased if any bonds or other 146 
indebtedness authorized and issued by the municipality under sections 147 
3 to 10, inclusive, of this act remain outstanding. Notwithstanding the 148 
provisions of this subsection, outstanding obligation bonds of the 149 
municipality secured solely by the full faith and credit of the 150 
municipality shall not preclude the dissolution of, or the decrease of the 151 
boundaries of, a resiliency improvement district. 152 
(d) Two or more contiguous municipalities may enter into an 153 
interlocal agreement in accordance with sections 7-339a to 7-339l, 154 
inclusive, of the general statutes, to establish a joint resiliency 155 
improvement district and adopt a district master plan for a district that 156 
consists of contiguous properties partially located in each such 157 
municipality. Such interlocal agreement shall be adopted prior to the 158 
establishment of any such joint district and the adoption of a district 159 
master plan for such district. A joint resiliency improvement district 160 
shall be deemed established upon the concurrent approval of such 161 
district and the adoption of a district master plan by the legislative 162 
bodies of all of the municipalities participating in the interlocal 163 
agreement. 164 
(e) The interlocal agreement under which two or more contiguous 165 
municipalities establish a joint resiliency improvement district shall 166 
apportion any power, right, duty or obligation granted to, or required 167 
of, any municipality under the provisions of sections 3 to 10, inclusive, 168 
of this act among the municipalities participating in the interlocal 169 
agreement. 170 
(f) Nothing in this section shall be construed to limit the power 171 
granted to a municipality pursuant to any provision of the general 172  Substitute Bill No. 11 
 
 
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statutes or any special act to offer, enter into or modify any tax 173 
abatement for real property located in a resiliency improvement district 174 
if such real property contains one or more units of affordable housing, 175 
as defined in section 8-39a of the general statutes. 176 
Sec. 3. (NEW) (Effective July 1, 2024) Prior to the establishment of a 177 
resiliency improvement district and approval of a district master plan 178 
for such district, the legislative body of the municipality, or the board of 179 
selectmen in the case of a municipality in which the legislative body is a 180 
town meeting, shall: 181 
(1) Consider whether the proposed resiliency improvement district 182 
and district master plan will contribute to the well-being of the 183 
municipality or to the betterment of the health, welfare or safety of the 184 
inhabitants of the municipality; 185 
(2) Transmit the proposed district master plan to the planning 186 
commission of the municipality, if any, requesting a study of the 187 
proposed district master plan and a written advisory opinion, which 188 
shall include a determination on whether the proposed plan is 189 
consistent with the plan of conservation and development of the 190 
municipality adopted under section 8-23 of the general statutes, as 191 
amended by this act; 192 
(3) Hold at least one public hearing on the proposal to establish a 193 
resiliency improvement district and to adopt the proposed district 194 
master plan. Notice of the hearing shall be published not less than ten 195 
days prior to such hearing in a conspicuous place on the Internet web 196 
site of the municipality, or the municipalities acting jointly pursuant to 197 
an interlocal agreement, with the date and time such notice was so 198 
posted, and such notice shall include (A) the date, time and place of such 199 
hearing, (B) the legal description of the boundaries of the proposed 200 
resiliency improvement district, and (C) the draft district master plan, 201 
which plan shall be made available for physical review and posted 202 
electronically on the Internet web site of any applicable municipality; 203 
and 204  Substitute Bill No. 11 
 
 
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(4) Determine whether the proposed resiliency improvement district 205 
meets the following conditions: 206 
(A) The district contains an area that experiences or is likely to 207 
experience adverse impacts from hazards or climate change, including, 208 
but not limited to, sea level rise, rising groundwater, extreme heat, 209 
drought or flooding; 210 
(B) The district has been identified in a municipal hazard mitigation 211 
plan, local plan of conservation and development, regional plan of 212 
conservation and development or has been identified by another related 213 
planning process; 214 
(C) The plan demonstrates a reduction of risk in the district from such 215 
identified adverse impacts from hazards or climate change; 216 
(D) A portion of the real property within the district shall be suitable 217 
for commercial, industrial, mixed-use or retail uses or transit-oriented 218 
development; 219 
(E) In the case of existing residential use, provides for the replacement 220 
of, or renovation to, residential buildings in the district, if the district is 221 
in a flood zone or within the boundaries of sea level rise as determined 222 
by the requirements of section 25-68o of the general statutes, as 223 
amended by this act, to include a height standard of not less than two 224 
feet of freeboard above the base flood elevation, or as designated by the 225 
state building code or municipal building requirements, whichever 226 
imposes a greater height standard, and whether construction of or 227 
renovation to commercial or industrial buildings shall be flood-proofed 228 
or elevated; 229 
(F) Provides for vehicle access to residential buildings in the district 230 
if the district is in a flood zone or is impacted by sea level rise, pursuant 231 
to section 25-68o of the general statutes, as amended by this act, at a 232 
height of two feet above base flood elevation;  233 
(G) The proposed district will not increase the vulnerability and risk 234  Substitute Bill No. 11 
 
 
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to properties adjacent to the district or increase the risk to other hazards 235 
within the district; and 236 
(H) The original assessed value of a proposed resiliency 237 
improvement district plus the original assessed value of all existing tax 238 
increment districts within the relevant municipalities may not exceed 239 
ten per cent of the total value of taxable property within the 240 
municipalities as of October first of the year immediately preceding the 241 
establishment of the tax increment district. Excluded from the 242 
calculation in this subparagraph is any tax increment district established 243 
on or after October 1, 2015, that consists entirely of contiguous property 244 
owned by a single taxpayer. For the purpose of this subdivision, 245 
"contiguous property" includes a parcel or parcels of land divided by a 246 
road, power line, railroad line or right-of-way. 247 
Sec. 4. (NEW) (Effective July 1, 2024) (a) In connection with the 248 
establishment of a resiliency improvement district, the legislative body 249 
of a municipality shall adopt a district master plan for each resiliency 250 
improvement district and a statement of the percentage or stated sum 251 
of increased assessed value to be designated as captured assessed value 252 
in accordance with such plan. Such legislative body shall adopt such 253 
plan after receipt of a written advisory opinion from the planning 254 
commission or combined planning and zoning commission of the 255 
municipality pursuant to section 3 of this act or ninety days after such 256 
request was made, whichever is earlier. The district master plan shall be 257 
adopted at the same time that the resiliency improvement district is 258 
established as part of the resiliency improvement district adoption 259 
proceedings set forth in sections 2 to 10, inclusive, of this act. 260 
(b) The district master plan shall include: (1) The legal description of 261 
the boundaries of the resiliency improvement district; (2) a list of the tax 262 
identification numbers for all lots or parcels within the resiliency 263 
improvement district; (3) a description of the present condition and uses 264 
of all land and buildings within the resiliency improvement district and 265 
how the construction or improvement of physical facilities or structures 266 
will reduce or eliminate risk from any existing or expected hazards; (4) 267  Substitute Bill No. 11 
 
 
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a description of the existing or expected hazards facing the district; (5) a 268 
description of the public facilities, improvements or programs within 269 
the resiliency improvement district anticipated to be undertaken and 270 
financed in whole or in part; (6) in the event of existing residential use 271 
within the resiliency improvement district, a plan for the rehabilitation, 272 
construction or replacement of any such existing housing in accordance 273 
with the state's consolidated plan for housing and community 274 
development prepared pursuant to section 8-37t of the general statutes 275 
and the state plan of conservation and development prepared pursuant 276 
to chapter 297 of the general statutes, which plan shall also include 277 
meaningful efforts to reduce displacement plans; (7) a financial plan in 278 
accordance with subsection (c) of this section; (8) a plan for the proposed 279 
maintenance and operation of the resiliency improvements after the 280 
improvements are completed; and (9) the maximum duration of the 281 
resiliency improvement district, which may not exceed a total of fifty tax 282 
years beginning with the tax year in which the resiliency improvement 283 
district is established. 284 
(c) The financial plan in a district master plan shall include: (1) Cost 285 
estimates for the public improvements and developments anticipated in 286 
the district master plan; (2) cost estimates to support relocation or 287 
temporary housing for displaced residents; (3) the maximum amount of 288 
indebtedness to be incurred to implement the district master plan; (4) 289 
sources of anticipated revenues, including, but not limited to, increased 290 
savings, fees, assessments, grants or other sources; (5) a description of 291 
the terms and conditions of any agreements, including any anticipated 292 
savings agreements, assessment agreements, contracts or other 293 
obligations related to the district master plan; (6) estimates of increased 294 
assessed values and estimates of increased savings of the resiliency 295 
improvement district; and (7) the portion of the increased assessed 296 
values and increased savings to be applied to the district master plan as 297 
captured assessed values and resulting tax increments in each year of 298 
the plan. 299 
(d) The district master plan may be amended from time to time by 300 
the legislative body of each applicable municipality. Such legislative 301  Substitute Bill No. 11 
 
 
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body shall review the district master plan not less than once every ten 302 
years after the initial approval of the resiliency improvement district 303 
and the district master plan in order for the resiliency improvement 304 
district and the district master plan to remain in effect, provided no such 305 
district may be dissolved for the failure to comply with this section if 306 
any bonds or other indebtedness authorized and issued by the 307 
municipality under sections 2 to 10, inclusive, of this act remain 308 
outstanding. With respect to any district master plan that includes 309 
development that is funded in whole or in part by federal funds, the 310 
provisions of this subsection shall not apply to the extent that such 311 
provisions are prohibited by federal law. 312 
Sec. 5. (NEW) (Effective July 1, 2024) (a) In the district master plan, 313 
each applicable municipality may designate all or part of the tax 314 
increment revenues generated from the increased assessed value and all 315 
or part of any additional revenue resulting from the increased savings 316 
of a resiliency improvement district for the purpose of financing all or 317 
part of the implementation of the district master plan, and, in the case 318 
of any existing or planned residential use in such district, the percentage 319 
of such revenue necessary to rehabilitate, construct or replace dwellings 320 
for such use and to preserve, increase or improve access to affordable 321 
housing, as defined in section 8-39a of the general statutes, within the 322 
municipality, either within or adjacent to such district. The amount of 323 
tax increment revenues to be designated shall be determined by 324 
designating the captured assessed value, subject to any assessment 325 
agreements. 326 
(b) On or after the establishment of a resiliency improvement district 327 
and the adoption of a district master plan, the assessor of the 328 
municipality in which such district is located shall certify the original 329 
assessed value of the taxable real property within the boundaries of the 330 
resiliency improvement district. Each year after the establishment of a 331 
resiliency improvement district, the assessor shall certify the amount of 332 
the (1) current assessed value; (2) amount by which the current assessed 333 
value has increased or decreased from the original assessed value, 334 
subject to any assessment agreements; and (3) amount of the captured 335  Substitute Bill No. 11 
 
 
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assessed value. Nothing in this subsection shall be construed to 336 
authorize the unequal apportionment or assessment of the taxes to be 337 
paid on real property in the municipality. Subject to any assessment 338 
agreements, an owner of real property within the resiliency 339 
improvement district shall pay real property taxes apportioned equally 340 
with real property taxes paid elsewhere in such municipality. 341 
(c) If a municipality has designated captured assessed value under 342 
subsection (a) of section 4 of this act: 343 
(1) Each applicable municipality shall establish a district master plan 344 
fund that consists of: (A) A project cost account that is pledged to and 345 
charged with the payment of project costs that are outlined in the 346 
financial plan, including the reimbursement of project cost expenditures 347 
incurred by a public body, which public body may be the municipality, 348 
a developer, any property owner or any other third-party entity, and 349 
that are paid in a manner other than as described in subparagraph (B) 350 
of this subdivision; and (B) in instances of indebtedness issued by the 351 
municipality in accordance with section 8 of this act to finance or 352 
refinance project costs, a development sinking fund account that is 353 
pledged to and charged with the (i) payment of the interest and 354 
principal as the interest and principal fall due, including any 355 
redemption premium; (ii) payment of the costs of providing or 356 
reimbursing any provider of any guarantee, letter of credit, policy of 357 
bond insurance or other credit enhancement device used to secure 358 
payment of debt service on any such indebtedness; and (iii) funding any 359 
required reserve fund; 360 
(2) The municipality shall annually set aside all tax increment 361 
revenues on captured assessed values and deposit all such revenues to 362 
the appropriate district master plan fund account established under 363 
subdivision (1) of this subsection in the following order of priority: (A) 364 
To the development sinking fund account, an amount sufficient, 365 
together with estimated future revenues to be deposited to the account 366 
and earnings on the amount, to satisfy all annual debt service on the 367 
indebtedness issued in accordance with section 8 of this act and the 368  Substitute Bill No. 11 
 
 
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financial plan, except for general obligation bonds of the municipality 369 
secured solely by the full faith and credit of the municipality; and (B) to 370 
the project cost account, all such remaining tax increment revenues on 371 
captured assessed values; 372 
(3) The municipality shall make transfers between district master 373 
plan fund accounts established under subdivision (1) of this subsection, 374 
provided the transfers do not result in a balance in either account that is 375 
insufficient to cover the annual obligations of each respective account; 376 
(4) The municipality may, at any time during the term of the 377 
resiliency improvement district, by vote of the legislative body of the 378 
municipality, return to the municipal general fund any tax increment 379 
revenues remaining in either account established under subdivision (1) 380 
of this subsection that exceeds those estimated to be required to satisfy 381 
the obligations of the account after taking into account any transfer 382 
made under subdivision (3) of this subsection; and 383 
(5) Any account or fund established pursuant to subdivision (1) of 384 
this subsection shall be audited annually by an independent auditor 385 
who is a public accountant licensed to practice in this state and who 386 
meets the independence standards included in generally accepted 387 
government auditing standards. A report of such audit shall be open to 388 
public inspection. Certified copies of such audit shall be provided to the 389 
State Auditors of Public Accounts. 390 
Sec. 6. (NEW) (Effective July 1, 2024) Costs authorized for payment 391 
from a district master plan fund, established pursuant to section 5 of this 392 
act shall be limited to: 393 
(1) Costs of improvements made within the resiliency improvement 394 
district, including, but not limited to, (A) capital costs, including, but not 395 
limited to, (i) the acquisition or construction of land, improvements, 396 
infrastructure, measures designed to improve resilience, environmental 397 
infrastructure, clean energy projects, public ways, parks, buildings, 398 
structures, railings, signs, landscaping, plantings, curbs, sidewalks, 399 
turnouts, recreational facilities, structured parking, transportation 400  Substitute Bill No. 11 
 
 
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improvements, pedestrian improvements and other related 401 
improvements, fixtures and equipment for public or private use, (ii) the 402 
demolition, alteration, remodeling, repair or reconstruction of existing 403 
buildings, structures and fixtures, (iii) environmental remediation, (iv) 404 
site preparation and finishing work, and (v) all fees and expenses 405 
associated with the capital cost of such improvements, including, but 406 
not limited to, licensing and permitting expenses and planning, 407 
engineering, architectural, testing, legal and accounting expenses; (B) 408 
financing costs, including, but not limited to, closing costs, issuance 409 
costs, reserve funds and capitalized interest; (C) real property assembly 410 
costs; (D) costs of technical and marketing assistance programs; (E) 411 
professional service costs, including, but not limited to, licensing, 412 
architectural, planning, engineering, development and legal expenses; 413 
(F) maintenance and operation costs; (G) administrative costs, 414 
including, but not limited to, reasonable charges for the time spent by 415 
municipal employees, other agencies or third-party entities in 416 
connection with the implementation of a district master plan; and (H) 417 
organizational costs relating to the planning and the establishment of 418 
the resiliency improvement district, including, but not limited to, the 419 
costs of conducting environmental impact and other studies and the 420 
costs of informing the public about the creation of resiliency 421 
improvement districts and the implementation of the district master 422 
plan; 423 
(2) Costs of improvements that are made outside the resiliency 424 
improvement district but are directly related to or are made necessary 425 
by the establishment or operation of the resiliency improvement district, 426 
including, but not limited to, (A) that portion of the costs reasonably 427 
related to the construction, alteration or expansion of any facilities not 428 
located within the resiliency improvement district that are required due 429 
to improvements or activities within the resiliency improvement 430 
district, including, but not limited to, roadways, traffic signalization, 431 
easements, sewage treatment plants, water treatment plants or other 432 
environmental protection devices, storm or sanitary sewer lines, water 433 
lines, electrical lines, improvements to fire stations and street signs; (B) 434  Substitute Bill No. 11 
 
 
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costs of public safety and public school improvements made necessary 435 
by the establishment of the resiliency improvement district; and (C) 436 
costs of funding to mitigate any adverse impact of the resiliency 437 
improvement district upon the municipality and its constituents; and 438 
(3) Costs related to environmental improvement projects developed 439 
by the municipality related to the resiliency improvement district. 440 
Sec. 7. (NEW) (Effective July 1, 2024) (a) (1) Notwithstanding any 441 
provision of the general statutes, whenever a municipality constructs, 442 
improves, extends, equips, rehabilitates, repairs, acquires or provides a 443 
grant for any public improvements within a resiliency improvement 444 
district or finances the cost of such public improvements, the proportion 445 
of such cost or estimated cost of such public improvements and 446 
financing thereof, as determined by the municipality, may be assessed 447 
by the municipality, as a benefit assessment, in the manner prescribed 448 
by such municipality, upon the real property within the resiliency 449 
improvement district that is benefited by such public improvements. 450 
The municipality may provide for the payment of such benefit 451 
assessments in annual installments, not exceeding fifty years, and may 452 
forgive such benefit assessments in any given year without causing the 453 
remainder of installments of benefit assessments to be forgiven. Benefit 454 
assessments on real property where buildings or structures are 455 
constructed or expanded after the initial benefit assessment may be 456 
assessed as if the new or expanded buildings or structures on such real 457 
property existed at the time of the original benefit assessment. 458 
(2) Any benefit assessment shall be adopted and revised by the 459 
municipality not less than annually and not more than sixty days before 460 
the beginning of the fiscal year. If any benefit assessment is assessed and 461 
levied prior to the acquisition or construction of the public 462 
improvements, the amount of any such assessment may be adjusted to 463 
reflect the actual cost of such public improvements, including all 464 
financing costs, once such public improvements are complete, if the 465 
actual cost is greater than or less than the estimated costs. 466  Substitute Bill No. 11 
 
 
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(b) Before estimating and making a benefit assessment under 467 
subsection (a) of this section, the municipality shall hold not less than 468 
one public hearing on such municipality's schedule of benefit 469 
assessments or any revision thereof. Notice of such hearing shall be 470 
published not less than ten days before such hearing in a conspicuous 471 
place on the Internet web site of the municipality, or the municipalities 472 
acting jointly pursuant to an interlocal agreement, with the date and 473 
time such notice was posted. The notice shall include (1) the date, time 474 
and place of such hearing; (2) the boundaries of the resiliency 475 
improvement district by legal description; (3) a statement that all 476 
interested persons owning real estate or taxable property located within 477 
the resiliency improvement district will be given an opportunity to be 478 
heard at the hearing and an opportunity to file objections to the amount 479 
of the assessment; (4) the maximum rate of assessments to be increased 480 
in any one year; and (5) a statement indicating that the proposed list of 481 
properties to be assessed and the estimated assessments against those 482 
properties are available at the city or town office or at the office of the 483 
assessor. The notice may include a maximum number of years the 484 
assessments will be levied. Not later than the date of the publication, the 485 
municipality shall make available to any member of the public, upon 486 
request, the proposed schedule of benefit assessments. The procedures 487 
for public hearing and appeal set forth in section 7-250 of the general 488 
statutes shall apply for all benefit assessments made by a municipality 489 
pursuant to this section, except that the board of finance, or the 490 
municipality's legislative body if no board of finance exists, shall be 491 
substituted for the water pollution control authority. 492 
(c) A municipality may adopt ordinances apportioning the value of 493 
improvements within a resiliency improvement district according to a 494 
formula that reflects actual benefits that accrue to the various properties 495 
because of the development and maintenance. 496 
(d) A municipality may increase assessments or extend the maximum 497 
number of years the assessments will be levied after notice and public 498 
hearing is held pursuant to subsection (b) of this section. 499  Substitute Bill No. 11 
 
 
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(e) (1) Benefit assessments made under this section shall be collected 500 
and enforced in the same manner as municipal taxes unless otherwise 501 
provided in sections 2 to 10, inclusive, of this act. Benefit assessments 502 
shall be due and payable at such times as are fixed by the municipality, 503 
provided the municipality shall give notice of such due date not less 504 
than thirty days prior to such due date by publication in a conspicuous 505 
place on the Internet web site of each applicable municipality with the 506 
date and time such notice was so posted and by mailing such notice to 507 
the owners of the assessed real property at the last-known address of 508 
any such owner. All revenues from any assessment under this section 509 
shall be paid into the appropriate district master plan fund account 510 
established under subsection (c) of section 5 of this act. 511 
(2) If any property owner fails to pay any assessment or part of an 512 
assessment on or before the date on which such assessment or part of 513 
such assessment is due, the municipality shall have all the authority and 514 
powers to collect the delinquent assessments vested in the municipality 515 
by law to collect delinquent municipal taxes. Benefit assessments, if not 516 
paid when due, shall constitute a lien upon the real property served and 517 
a charge against the owners thereof, which lien and charge shall bear 518 
interest at the same rate as delinquent property taxes. Each such lien 519 
may be continued, recorded and released in the manner provided for 520 
property tax liens and shall take precedence over all other liens or 521 
encumbrances except a lien for property taxes of the municipality. 522 
Sec. 8. (NEW) (Effective July 1, 2024) (a) For the purpose of carrying 523 
out or administering a district master plan or other functions authorized 524 
under sections 2 to 10, inclusive, of this act, a municipality is authorized, 525 
subject to the limitations and procedures set forth in this section, to issue 526 
from time to time bonds and other obligations of the municipality that 527 
are payable solely from and secured by (1) the full faith and credit 528 
pledge of the municipality; (2) a pledge of and lien upon any or all of 529 
the income, proceeds, revenues and property of the projects within the 530 
resiliency improvement district, including the proceeds of grants, loans, 531 
advances or contributions from the federal government, the state or 532 
other source; (3) all revenues derived under sections 5 and 7 of this act 533  Substitute Bill No. 11 
 
 
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received by the municipality; or (4) any combination of the methods in 534 
subdivisions (1) to (3), inclusive, of this subsection. Except for bonds 535 
secured by the full faith credit pledge of the municipality, bonds 536 
authorized by this section shall not be included in computing the 537 
aggregate indebtedness of the municipality. 538 
(b) Notwithstanding the provisions of any other statute, municipal 539 
ordinance or charter provision governing the authorization and 540 
issuance of bonds generally by the municipality, any bonds payable and 541 
secured as provided in this section shall be authorized by a resolution 542 
adopted by the legislative body of the municipality. Such bonds shall, 543 
as determined by the legislative body of the municipality or the 544 
municipal officers who are designated such authority by such body, (1) 545 
be issued and sold; (2) bear interest at the rate or rates determined by 546 
the legislative body or its designee, including variable rates; (3) provide 547 
for the payment of interest on the dates determined by the legislative 548 
body or its designee, whether before or at maturity; (4) be issued at, 549 
above or below par; (5) mature at such time or times not exceeding thirty 550 
years; (6) have rank or priority; (7) be payable in such medium of 551 
payment; (8) be issued in such form, including, without limitation, 552 
registered or book-entry form, carry such registration and transfer 553 
privileges and be made subject to purchase or redemption before 554 
maturity at such price or prices and under such terms and conditions, 555 
including the condition that such bonds be subject to purchase or 556 
redemption on the demand of the owner thereof; and (9) contain such 557 
other required terms and particulars. 558 
(c) The municipality may require that the bonds issued hereunder be 559 
secured by a trust agreement by and between the municipality and a 560 
corporate trustee, which may be any trust company or bank having the 561 
powers of a trust company within the state. The trust agreement may 562 
contain covenants or provisions for protecting and enforcing the rights 563 
and remedies of the bondholders as may be necessary, reasonable or 564 
appropriate and not in violation of law or other provisions or covenants 565 
that are consistent with sections 2 to 10, inclusive, of this act and which 566 
the municipality determines in such proceedings are necessary, 567  Substitute Bill No. 11 
 
 
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convenient or desirable to better secure the bonds, or will tend to make 568 
the bonds more marketable, and which are in the best interests of the 569 
municipality. The pledge by any trust agreement shall be valid and 570 
binding from time to time when the pledge is made. The revenues or 571 
other moneys so pledged and then held or thereafter received by the 572 
municipality shall immediately be subject to the lien of the pledge 573 
without any physical delivery thereof or further act and the lien of the 574 
pledge shall be valid and binding as against all parties having claims of 575 
any kind in tort, contract or otherwise against the board, irrespective of 576 
whether the parties have notice thereof. All expenses incurred in 577 
carrying out such trust agreement may be treated as project costs. In case 578 
any municipal officer whose signature or a facsimile of whose signature 579 
shall appear on any bonds or coupons shall cease to be an officer before 580 
the delivery of the obligations, the signature or facsimile shall 581 
nevertheless be valid and sufficient for all purposes the same as if the 582 
officer had remained in office until the delivery. Notwithstanding any 583 
provision of the Uniform Commercial Code, neither this section, the 584 
resolution of the municipality approving the bonds or any trust 585 
agreement by which a pledge is created need be filed or recorded, and 586 
no filing need be made under title 42a of the general statutes. 587 
(d) While any bonds issued hereunder remain outstanding, the 588 
existence of the resiliency improvement district and the powers and 589 
duties of the municipality with respect to such resiliency improvement 590 
district shall not be diminished or impaired in any way that will affect 591 
adversely the interests and rights of the holders of the bonds. Any bonds 592 
issued by a municipality pursuant to this section, except for general 593 
obligation bonds of the municipality secured by the full faith and credit 594 
pledge of the municipality, shall contain on their face a statement to the 595 
effect that neither the state nor the municipality shall be obliged to pay 596 
the principal of or the interest thereon, and that neither the full faith and 597 
credit or taxing power of the state or the municipality is pledged to the 598 
payment of the bonds. All bonds issued under this section shall have 599 
and are hereby declared to have all the qualities and incidents of 600 
negotiable instruments, as provided in title 42a of the general statutes. 601  Substitute Bill No. 11 
 
 
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(e) Any pledge made by a municipality pursuant to this section shall 602 
be valid and binding from the time when the pledge is made, and any 603 
revenues or other receipts, funds or moneys so pledged and thereafter 604 
received by the municipality shall be subject immediately to the lien of 605 
such pledge without any physical delivery thereof or further act. The 606 
lien of any such pledge shall be valid and binding as against all parties 607 
having claims of any kind in tort, contract or otherwise against the 608 
municipality, irrespective of whether such parties have notice of such 609 
lien. 610 
(f) Bonds issued under this section are hereby made securities in 611 
which all public officers and public bodies of the state and its political 612 
subdivisions, all insurance companies, trust companies, banking 613 
associations, investment companies, executors, administrators, trustees 614 
and other fiduciaries may properly and legally invest funds, including 615 
capital in their control and belonging to them and such bonds shall be 616 
securities that may properly and legally be deposited with and received 617 
by any state or municipal officer or any agency or political subdivision 618 
of the state for any purpose for which the deposit of bonds of the state 619 
is now or may hereafter be authorized by law. Bonds may be issued 620 
under this section without obtaining the consent of the state and without 621 
any proceedings or the happening of any other conditions or things 622 
other than those proceedings, conditions or things that are specifically 623 
required thereof by this section. 624 
(g) Nothing in this section shall be construed to restrict the ability of 625 
the municipality to raise revenue for the payment of project costs in any 626 
manner otherwise authorized by law. 627 
(h) As used in this section, "bonds" means any bonds, including 628 
refunding bonds, notes, interim certificates, debentures or other 629 
obligations. 630 
Sec. 9. (NEW) (Effective July 1, 2024) The legislative body of each 631 
applicable municipality may create an advisory board, whose members 632 
include owners or occupants of real property located in or adjacent to a 633  Substitute Bill No. 11 
 
 
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resiliency improvement district. The advisory board may advise the 634 
legislative body and any designated administrative entity on the 635 
planning, construction and implementation of the district master plan 636 
and maintenance and operation of the resiliency improvement district 637 
after the district master plan is complete. 638 
Sec. 10. (NEW) (Effective July 1, 2024) (a) Within a resiliency 639 
improvement district, priority consideration shall be given in the 640 
solicitation, selection and design of infrastructure projects designed to 641 
increase resilience and that (1) utilize natural and nature-based 642 
solutions intended to restore, maintain or enhance ecosystem services 643 
and processes that maintain or improve on environmental quality in or 644 
adjacent to the district, or (2) address the needs of environmental justice 645 
communities, as defined in section 22a-20a of the general statutes, or of 646 
vulnerable communities, as defined in section 16-243y of the general 647 
statutes. 648 
(b) To the extent that a resiliency project results in the demolition or 649 
reduction of affordable housing, as defined in section 8-39a of the 650 
general statutes, the municipality, the developer of the resiliency 651 
project, a property owner or a third-party entity shall commit to replace 652 
such affordable housing units within the district. The replacement of 653 
such affordable housing shall occur not later than four years after such 654 
demolition or reduction. If the replacement is not feasible within the 655 
district boundaries, then such affordable housing shall be replaced 656 
within a reasonable proximity to the district at a rate of not less than two 657 
units for each unit that otherwise would have been replaced within the 658 
district. 659 
Sec. 11. Subsections (d) to (f), inclusive, of section 8-23 of the general 660 
statutes are repealed and the following is substituted in lieu thereof 661 
(Effective July 1, 2024): 662 
(d) In preparing such plan, the commission or any special committee 663 
shall consider the following: (1) The community development action 664 
plan of the municipality, if any, (2) the need for affordable housing, (3) 665  Substitute Bill No. 11 
 
 
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the need for protection of existing and potential public surface and 666 
ground drinking water supplies, (4) the use of cluster development and 667 
other development patterns to the extent consistent with soil types, 668 
terrain and infrastructure capacity within the municipality, (5) the state 669 
plan of conservation and development adopted pursuant to chapter 297, 670 
(6) the regional plan of conservation and development adopted 671 
pursuant to section 8-35a, as amended by this act, (7) physical, social, 672 
economic and governmental conditions and trends, (8) the needs of the 673 
municipality including, but not limited to, human resources, education, 674 
health, housing, recreation, social services, public utilities, public 675 
protection, transportation and circulation and cultural and 676 
interpersonal communications, (9) the objectives of energy-efficient 677 
patterns of development, the use of solar and other renewable forms of 678 
energy and energy conservation, (10) protection and preservation of 679 
agriculture, (11) the most recent sea level change scenario updated 680 
pursuant to subsection (b) of section 25-68o, as amended by this act, 681 
[and] (12) the need for technology infrastructure in the municipality, 682 
and (13) for any such plan adopted on or after October 1, 2026, the most 683 
recent hazard and climate projections established by federal and state 684 
authorities, including, but not limited to, the National Oceanic and 685 
Atmospheric Administration, the Federal Emergency Management 686 
Agency, the United States Environmental Protection Agency and The 687 
University of Connecticut. 688 
(e) (1) [Such] Any such plan of conservation and development 689 
adopted prior to October 1, 2026, shall (A) be a statement of policies, 690 
goals and standards for the physical and economic development of the 691 
municipality, (B) provide for a system of principal thoroughfares, 692 
parkways, bridges, streets, sidewalks, multipurpose trails and other 693 
public ways as appropriate, (C) be designed to promote, with the 694 
greatest efficiency and economy, the coordinated development of the 695 
municipality and the general welfare and prosperity of its people and 696 
identify areas where it is feasible and prudent (i) to have compact, 697 
transit accessible, pedestrian-oriented mixed use development patterns 698 
and land reuse, and (ii) to promote such development patterns and land 699  Substitute Bill No. 11 
 
 
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reuse, (D) recommend the most desirable use of land within the 700 
municipality for residential, recreational, commercial, industrial, 701 
conservation, agricultural and other purposes and include a map 702 
showing such proposed land uses, (E) recommend the most desirable 703 
density of population in the several parts of the municipality, (F) note 704 
any inconsistencies with the following growth management principles: 705 
(i) Redevelopment and revitalization of commercial centers and areas of 706 
mixed land uses with existing or planned physical infrastructure; (ii) 707 
expansion of housing opportunities and design choices to accommodate 708 
a variety of household types and needs; (iii) concentration of 709 
development around transportation nodes and along major 710 
transportation corridors to support the viability of transportation 711 
options and land reuse; (iv) conservation and restoration of the natural 712 
environment, cultural and historical resources and existing farmlands; 713 
(v) protection of environmental assets critical to public health and 714 
safety; and (vi) integration of planning across all levels of government 715 
to address issues on a local, regional and state-wide basis, (G) make 716 
provision for the development of housing opportunities, including 717 
opportunities for multifamily dwellings, consistent with soil types, 718 
terrain and infrastructure capacity, for all residents of the municipality 719 
and the planning region in which the municipality is located, as 720 
designated by the Secretary of the Office of Policy and Management 721 
under section 16a-4a, (H) promote housing choice and economic 722 
diversity in housing, including housing for both low and moderate 723 
income households, and encourage the development of housing which 724 
will meet the housing needs identified in the state's consolidated plan 725 
for housing and community development prepared pursuant to section 726 
8-37t and in the housing component and the other components of the 727 
state plan of conservation and development prepared pursuant to 728 
chapter 297, and (I) consider allowing older adults and persons with a 729 
disability the ability to live in their homes and communities whenever 730 
possible. Such plan may: (i) Permit home sharing in single-family zones 731 
between up to four adult persons of any age with a disability or who are 732 
sixty years of age or older, whether or not related, who receive 733 
supportive services in the home; (ii) allow accessory apartments for 734  Substitute Bill No. 11 
 
 
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persons with a disability or persons sixty years of age or older, or their 735 
caregivers, in all residential zones, subject to municipal zoning 736 
regulations concerning design and long-term use of the principal 737 
property after it is no longer in use by such persons; and (iii) expand the 738 
definition of "family" in single-family zones to allow for accessory 739 
apartments for persons sixty years of age or older, persons with a 740 
disability or their caregivers. In preparing such plan the commission 741 
shall consider focusing development and revitalization in areas with 742 
existing or planned physical infrastructure. 743 
(2) Any such plan of conservation and development adopted on or 744 
after October 1, 2026, shall (A) be a statement of policies, goals and 745 
standards for the physical and economic development of the 746 
municipality; (B) provide for a system of principal thoroughfares, 747 
parkways, bridges, streets, sidewalks, multipurpose trails and other 748 
public ways as appropriate; (C) be designed to promote, with the 749 
greatest efficiency and economy, the coordinated development of the 750 
municipality and the general welfare and prosperity of its people and 751 
identify areas where it is feasible and prudent (i) to have compact, 752 
transit accessible, pedestrian-oriented mixed use development patterns 753 
and land reuse, and (ii) to promote such development patterns and land 754 
reuse; (D) (i) include a climate change vulnerability assessment, based 755 
on information from sources described in section 11 of this act which 756 
shall consist of an assessment of existing and anticipated threats to and 757 
vulnerabilities of the municipality that are associated with natural 758 
disasters, hazards and climate change, including, but not limited to, 759 
increased temperatures, drought, flooding, storm damage and sea level 760 
rise, and the impacts such disasters and hazards may have on 761 
individuals, communities, institutions, businesses, economic 762 
development, public infrastructure and facilities, public health, safety 763 
and welfare, (ii) identify goals, policies and techniques to avoid or 764 
reduce such threats, vulnerabilities and impacts, and (iii) include a 765 
statement describing any consistencies and inconsistencies identified 766 
between such assessment and any existing or proposed municipal 767 
natural hazard mitigation plan, floodplain management plan, 768  Substitute Bill No. 11 
 
 
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comprehensive emergency operations plan, emergency response plan, 769 
post-disaster recovery plan, long-range transportation plan or capital 770 
improvement plan in the municipality, and identifying and 771 
recommending, where necessary, the integration of data from such 772 
assessment into any such plans and any actions necessary to achieve 773 
consistency and coordination between such assessment and any such 774 
plans; (E) recommend the most desirable use of land within the 775 
municipality for residential, recreational, commercial, industrial, 776 
conservation, agricultural and other purposes and include a map 777 
showing such proposed land uses that considers the threats, 778 
vulnerabilities and impacts identified in the climate change 779 
vulnerability assessment conducted pursuant to subparagraph (D)(i) of 780 
this subdivision; (F) recommend the most desirable density of 781 
population in the several parts of the municipality; (G) note any 782 
inconsistencies with the following growth management principles: (i) 783 
Redevelopment and revitalization of commercial centers and areas of 784 
mixed land uses with existing or planned physical infrastructure; (ii) 785 
expansion of housing opportunities and design choices to accommodate 786 
a variety of household types and needs; (iii) concentration of 787 
development around transportation nodes and along major 788 
transportation corridors to support the viability of transportation 789 
options and land reuse and reduction of vehicle mileage; (iv) 790 
conservation and restoration of the natural environment, cultural and 791 
historical resources and existing farmlands; (v) protection of 792 
environmental assets critical to public health and safety; and (vi) 793 
integration of planning across all levels of government to address issues 794 
on a local, regional and state-wide basis; (H) make provision for the 795 
development of housing opportunities, including opportunities for 796 
multifamily dwellings, consistent with soil types, terrain and 797 
infrastructure capacity, for all residents of the municipality and the 798 
planning region in which the municipality is located, as designated by 799 
the Secretary of the Office of Policy and Management under section 16a-800 
4a; (I) promote housing choice and economic diversity in housing, 801 
including housing for both low and moderate income households, and 802 
encourage the development of housing which will meet the housing 803  Substitute Bill No. 11 
 
 
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needs identified in the state's consolidated plan for housing and 804 
community development prepared pursuant to section 8-37t and in the 805 
housing component and the other components of the state plan of 806 
conservation and development prepared pursuant to chapter 297; (J) 807 
consider allowing older adults and persons with disabilities the ability 808 
to live in their homes and communities whenever possible; (K) identify 809 
infrastructure, including, but not limited to, facilities, public utilities and 810 
roadways, that is critical for evacuation purposes and sustaining quality 811 
of life during a natural disaster, and which shall be maintained at all 812 
times in an operational state; (L) identify strategies and design 813 
standards that may be implemented to avoid or reduce risks associated 814 
with natural disasters, hazards and climate change; and (M) include 815 
geospatial data utilized in preparing such plan or that is necessary to 816 
convey information in such plan. Such plan may: (i) Permit home 817 
sharing in single-family zones between up to four adult persons of any 818 
age with a disability or who are sixty years of age or older, whether or 819 
not related, who receive supportive services in the home; (ii) allow 820 
accessory apartments for persons with a disability or persons sixty years 821 
of age or older, or their caregivers, in all residential zones, subject to 822 
municipal zoning regulations concerning design and long-term use of 823 
the principal property after it is no longer in use by such persons; (iii) 824 
expand the definition of "family" in single-family zones to allow for 825 
accessory apartments for persons sixty years of age or older, persons 826 
with a disability or their caregivers; and (iv) identify one or more areas 827 
that are vulnerable to the impacts of climate change for the purpose of 828 
prioritizing funding for infrastructure needs and resilience planning. In 829 
preparing such plan the commission shall consider focusing 830 
development and revitalization in areas with existing or planned 831 
physical infrastructure. The commission or any special committee may 832 
utilize information and data from any plan described in subparagraph 833 
(D) of this subdivision in the preparation of such plan of conservation 834 
and development, including a document coordinated by the applicable 835 
council of governments with separate provisions for each applicable 836 
municipality provided such information and data shall not be 837 
incorporated by reference, but summarized and applied in such plan to 838  Substitute Bill No. 11 
 
 
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the specific policies, goals and standards of the subject municipality. 839 
[(2)] (3) For any municipality that is contiguous to Long Island Sound, 840 
such plan shall be (A) consistent with the municipal coastal program 841 
requirements of sections 22a-101 to 22a-104, inclusive, (B) made with 842 
reasonable consideration for restoration and protection of the ecosystem 843 
and habitat of Long Island Sound, and (C) designed to reduce hypoxia, 844 
pathogens, toxic contaminants and floatable debris in Long Island 845 
Sound. 846 
(f) Such plan may show the commission's and any special 847 
committee's recommendation for (1) conservation and preservation of 848 
traprock and other ridgelines, (2) airports, parks, playgrounds and other 849 
public grounds, (3) the general location, relocation and improvement of 850 
schools and other public buildings, (4) the general location and extent 851 
of public utilities and terminals, whether publicly or privately owned, 852 
for water, light, power, transit and other purposes, (5) the extent and 853 
location of public housing projects, (6) programs for the implementation 854 
of the plan, including (A) a schedule, (B) a budget for public capital 855 
projects, (C) a program for enactment and enforcement of zoning and 856 
subdivision controls, building and housing codes and safety 857 
regulations, (D) plans for implementation of affordable housing, (E) 858 
plans for open space acquisition and greenways protection and 859 
development, and (F) plans for corridor management areas along 860 
limited access highways or rail lines, designated under section 16a-27, 861 
as amended by this act, (7) proposed priority funding areas, (8) a land 862 
use program that will promote the reduction and avoidance of risks 863 
associated with natural disasters, hazards and climate change, 864 
including, but not limited to, increased temperatures, drought, flooding, 865 
hurricanes and sea level rise, (9) a program for the transfer of 866 
development rights, which establishes criteria for sending and receiving 867 
sites and technical details for the program consistent with the provisions 868 
of section 8-2e, as amended by this act, and [(8)] (10) any other 869 
recommendations as will, in the commission's or any special 870 
committee's judgment, be beneficial to the municipality. The plan may 871 
include any necessary and related maps, explanatory material, 872  Substitute Bill No. 11 
 
 
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photographs, charts or other pertinent data and information relative to 873 
the past, present and future trends of the municipality. Any land use 874 
program recommended pursuant to subdivision (8) of this subsection 875 
may be a resiliency improvement district, as defined in section 1 of this 876 
act. 877 
Sec. 12. Subsection (i) of section 8-23 of the general statutes is repealed 878 
and the following is substituted in lieu thereof (Effective July 1, 2024): 879 
(i) (1) After completion of the public hearing, the commission may 880 
revise the plan and may adopt the plan or any part thereof or 881 
amendment thereto by a single resolution or may, by successive 882 
resolutions, adopt parts of the plan and amendments thereto. 883 
(2) Any plan, section of a plan or recommendation in the plan that is 884 
not endorsed in the report of the legislative body or, in the case of a 885 
municipality for which the legislative body is a town meeting or 886 
representative town meeting, by the board of selectmen, of the 887 
municipality may only be adopted by the commission by a vote of not 888 
less than two-thirds of all the members of the commission. 889 
(3) Upon adoption by the commission, any plan or part thereof or 890 
amendment thereto shall become effective at a time established by the 891 
commission, provided notice thereof shall be published in a newspaper 892 
having a general circulation in the municipality prior to such effective 893 
date. 894 
(4) Not more than thirty days after adoption, any plan or part thereof 895 
or amendment thereto shall be posted on the Internet web site of the 896 
municipality, if any, and shall be filed in the office of the town clerk, 897 
except that, if it is a district plan or amendment, it shall be filed in the 898 
offices of both the district and town clerks. 899 
(5) Not more than sixty days after adoption of the plan, the 900 
commission shall submit a copy of the plan, including geospatial data 901 
required pursuant to subparagraph (M) of subdivision (2) of subsection 902 
(e) of this section, to the Secretary of the Office of Policy and 903  Substitute Bill No. 11 
 
 
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Management, [and] in a form and manner prescribed by the secretary. 904 
The commission shall include with such copy a description of any 905 
[inconsistency] inconsistencies between the plan adopted by the 906 
commission and the regional plan of conservation and development 907 
applicable to the municipality and the state plan of conservation and 908 
development, and the reasons [therefor] for any such inconsistencies. 909 
Sec. 13. Subdivisions (2) to (4), inclusive, of section 28-1 of the general 910 
statutes are repealed and the following is substituted in lieu thereof 911 
(Effective July 1, 2024): 912 
(2) "Major disaster" means any catastrophe including, but not limited 913 
to, any hurricane, tornado, storm, high water, wind-driven water, tidal 914 
wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, 915 
snowstorm, extreme heat or drought, or, regardless of cause, any fire, 916 
flood, explosion, or man-made disaster in any part of this state that, (A) 917 
in the determination of the President, causes damage of sufficient 918 
severity and magnitude to warrant major disaster assistance under the 919 
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 920 
USC 5121 et seq., as amended from time to time, to supplement the 921 
efforts and available resources of this state, local governments within 922 
the state, and disaster relief organizations in alleviating the damage, 923 
loss, hardship, or suffering caused by such catastrophe, or (B) in the 924 
determination of the Governor, requires the declaration of a civil 925 
preparedness emergency pursuant to section 28-9. 926 
(3) "Emergency" means any occasion or instance for which, in the 927 
determination of the Governor or the President, state or federal 928 
assistance is needed to supplement state or local efforts and capabilities 929 
to save lives and protect property, public health and safety or to avert 930 
or lessen the threat of a disaster or catastrophe in any part of this state. 931 
(4) "Civil preparedness" means all those activities and measures 932 
designed or undertaken (A) to minimize or control the effects upon the 933 
civilian population of major disaster or emergency, (B) to minimize the 934 
effects upon the civilian population caused or which would be caused 935  Substitute Bill No. 11 
 
 
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by an attack upon the United States, (C) to deal with the immediate 936 
emergency conditions which would be created by any such attack, 937 
major disaster or emergency, and (D) to effectuate emergency repairs to, 938 
or the emergency restoration of, vital utilities and facilities destroyed or 939 
damaged by any such attack, major disaster or emergency. Such term 940 
shall include, but shall not be limited to, (i) measures to be taken in 941 
preparation for anticipated attack, major disaster, prolonged or intense 942 
exposure to precipitation, drought, heat, fire, flooding or emergency, 943 
including the establishment of appropriate organizations, operational 944 
plans and supporting agreements; the recruitment and training of 945 
personnel; the conduct of research; the procurement and stockpiling of 946 
necessary materials and supplies; the provision of suitable warning 947 
systems; the construction and preparation of shelters, shelter areas and 948 
control centers; and, when appropriate, the nonmilitary evacuation of 949 
the civilian population, pets and service animals; (ii) measures to be 950 
taken during attack, major disaster, prolonged or intense exposure to 951 
precipitation, drought, heat, fire, flooding or emergency, including the 952 
enforcement of passive defense regulations prescribed by duly 953 
established military or civil authorities; the evacuation of personnel to 954 
shelter areas; the control of traffic and panic; and the control and use of 955 
lighting and civil communication; and (iii) measures to be taken 956 
following attack, major disaster, prolonged or intense exposure to 957 
precipitation, drought, heat, fire, flooding or emergency, including 958 
activities for firefighting; rescue, emergency medical, health and 959 
sanitation services; monitoring for specific hazards of special weapons; 960 
unexploded bomb reconnaissance; essential debris clearance; 961 
emergency welfare measures; and immediately essential emergency 962 
repair or restoration of damaged vital facilities. 963 
Sec. 14. Section 25-68o of the general statutes is repealed and the 964 
following is substituted in lieu thereof (Effective July 1, 2024): 965 
(a) On and after October 1, 2019, in the preparation of any municipal 966 
evacuation plan or hazard mitigation plan, such municipality shall 967 
consider the most recent sea level change scenario updated pursuant to 968 
subsection (b) of this section. On and after October 1, 2025, any such plan 969  Substitute Bill No. 11 
 
 
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shall identify and address (1) threats to surface transportation, critical 970 
infrastructure and local land uses as a result of such sea level change, 971 
and (2) actions, strategies and capital projects to avoid or reduce impacts 972 
and risks resulting from climate change, including, but not limited to, 973 
increased precipitation, flooding, sea level rise and extreme heat. Any 974 
such surface transportation, critical infrastructure, local land uses, 975 
actions, strategies and capital projects shall be identified in geospatial 976 
data, as applicable, in addition to being identified in such plan, and such 977 
data shall be made available to the Commissioner of Emergency 978 
Services and Public Protection and the Secretary of the Office of Policy 979 
and Management upon request. Such work may be conducted on a 980 
regional basis. 981 
(b) Within available resources and not less than once every ten years, 982 
the Marine Sciences Division of The University of Connecticut shall 983 
publish a sea level change scenario for the state based upon the sea level 984 
change scenarios published by the National Oceanic and Atmospheric 985 
Administration in Technical Report OAR CPO-1 and other available 986 
scientific data necessary to create a scenario applicable to the state 987 
coastline. Within available resources and not less than ninety days prior 988 
to publishing such sea level change scenario by said Marine Sciences 989 
Division, the division and the Department of Energy and Environmental 990 
Protection shall conduct not less than one public hearing concerning 991 
such update. Not later than sixty days after the last public hearing, the 992 
Commissioner of Energy and Environmental Protection shall publish 993 
the sea level change scenario for the state on the Internet web site of the 994 
Department of Energy and Environmental Protection along with a 995 
notice that any previous updates are superseded. 996 
Sec. 15. Section 7-364 of the general statutes is repealed and the 997 
following is substituted in lieu thereof (Effective July 1, 2024): 998 
Upon the recommendation of the budget-making authority and 999 
approval by the legislative body, any part or the whole of such fund 1000 
may be used for (1) capital and nonrecurring expenditures, but such use 1001 
shall be restricted to the financing of all or part of the planning, 1002  Substitute Bill No. 11 
 
 
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construction, reconstruction or acquisition of any specific capital 1003 
improvement, including, but not limited to, planning, construction, 1004 
reconstruction or acquisition intended to increase the resiliency of a 1005 
capital improvement against the impacts of climate change, including, 1006 
but not limited to, increased precipitation, flooding, sea level rise and 1007 
extreme heat, or the acquisition of any specific item of equipment, (2) 1008 
costs associated with a property tax revaluation, and (3) costs associated 1009 
with the preparation, amendment or adoption of a plan of conservation 1010 
and development pursuant to section 8-23, as amended by this act. 1011 
Upon the approval of any such expenditure, an appropriation shall be 1012 
set up, plainly designated for the project, acquisition, revaluation or 1013 
plan of conservation and development for which it has been authorized, 1014 
and such unexpended appropriation may be continued until such 1015 
project, acquisition, revaluation or plan of conservation and 1016 
development is completed. Any unexpended portion of such 1017 
appropriation remaining after such completion shall revert to said 1018 
reserve fund. 1019 
Sec. 16. Subsection (a) of section 13a-175a of the general statutes is 1020 
repealed and the following is substituted in lieu thereof (Effective July 1, 1021 
2024): 1022 
(a) For each fiscal year there shall be allocated twelve million five 1023 
hundred thousand dollars out of the funds appropriated to the 1024 
Department of Transportation, or from any other source, not otherwise 1025 
prohibited by law, to be used by the towns for (1) the construction, 1026 
reconstruction, improvement [or] and maintenance of highways, 1027 
sections of highways, bridges [or] and structures incidental to highways 1028 
and bridges [or the improvement thereof,] including (A) construction, 1029 
reconstruction, improvements and maintenance intended to increase 1030 
resiliency against increased precipitation, flooding, sea level rise and 1031 
extreme heat, and (B) the plowing of snow, [the] sanding of icy 1032 
pavements, [the] trimming and removal of trees [, the] and installation, 1033 
replacement and maintenance of traffic signs, signals and markings; [, 1034 
for] (2) traffic control and vehicular safety programs, traffic and parking 1035 
planning and administration, and other purposes and programs related 1036  Substitute Bill No. 11 
 
 
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to highways, traffic and parking; [, and for] and (3) the purposes of 1037 
providing and operating essential public transportation services and 1038 
related facilities. 1039 
Sec. 17. (NEW) (Effective July 1, 2024) Not later than October 1, 2026, 1040 
and annually thereafter, each municipality shall, in a form and manner 1041 
prescribed by the Office of Policy and Management in consultation with 1042 
the Departments of Transportation and Energy and Environmental 1043 
Protection, submit a report concerning each culvert and bridge within 1044 
the control and boundaries of such municipality, provided such work 1045 
may be conducted on a regional basis. Such report shall (1) include, but 1046 
need not be limited to, geospatial data pertaining to each culvert and 1047 
bridge, the locational coordinates of each culvert and bridge, the age and 1048 
dimensions of each culvert and bridge, and any additional information 1049 
deemed necessary by the Office of Policy and Management, in 1050 
consultation with the Departments of Transportation and Energy and 1051 
Environmental Protection, and (2) be submitted to the Office of Policy 1052 
and Management, the Departments of Transportation and Energy and 1053 
Environmental Protection, and the regional of council of governments 1054 
of which such municipality is a member, if applicable. 1055 
Sec. 18. Subsections (a) and (b) of section 8-35a of the general statutes 1056 
are repealed and the following is substituted in lieu thereof (Effective July 1057 
1, 2024): 1058 
(a) At least once every ten years, each regional council of 1059 
governments shall make a plan of conservation and development for its 1060 
area of operation, showing its recommendations for the general use of 1061 
the area including land use, housing, principal highways and freeways, 1062 
bridges, airports, parks, playgrounds, recreational areas, schools, public 1063 
institutions, public utilities, agriculture and such other matters as, in the 1064 
opinion of the council, will be beneficial to the area. Any regional plan 1065 
so developed shall be based on studies of physical, social, economic and 1066 
governmental conditions and trends and shall be designed to promote 1067 
with the greatest efficiency and economy the coordinated development 1068 
of its area of operation and the general welfare and prosperity of its 1069  Substitute Bill No. 11 
 
 
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people. Such plan may encourage resilient and energy-efficient patterns 1070 
of development, land use strategies to reduce the impacts of climate 1071 
change, the use of solar and other renewable forms of energy, and 1072 
energy conservation. Such plan shall be designed to promote abatement 1073 
of the pollution of the waters and air of the region. Such plan shall 1074 
consider the need for technology infrastructure in the region. The 1075 
regional plan shall identify areas where it is feasible and prudent (1) to 1076 
have compact, transit accessible, pedestrian-oriented mixed use 1077 
development patterns and land reuse, and (2) to promote such 1078 
development patterns and land reuse and shall note any inconsistencies 1079 
with the following growth management principles: (A) Redevelopment 1080 
and revitalization of regional centers and areas of mixed land uses with 1081 
existing or planned physical infrastructure; (B) expansion of housing 1082 
opportunities and design choices to accommodate a variety of 1083 
household types and needs; (C) concentration of development around 1084 
transportation nodes and along major transportation corridors to 1085 
support the viability of transportation options and land reuse; (D) 1086 
conservation and restoration of the natural environment, cultural and 1087 
historical resources and traditional rural lands; (E) protection of 1088 
environmental assets or ecosystem services critical to public health and 1089 
safety; and (F) integration of planning across all levels of government to 1090 
address issues on a local, regional and state-wide basis. The plan of each 1091 
region contiguous to Long Island Sound shall be designed to reduce 1092 
hypoxia, pathogens, toxic contaminants and floatable debris in Long 1093 
Island Sound. On and after October 1, 2025, such plan shall (i) 1094 
demonstrate consistency with the regional long-range transportation 1095 
plan, and the regional summary of the hazard mitigation plan in the case 1096 
of a multi-jurisdiction hazard mitigation plan, and (ii) identify critical 1097 
facilities in the region and include geospatial data relative to such 1098 
facilities. Such geospatial information shall indicate location, address 1099 
and general function of the infrastructure. 1100 
(b) Before adopting the regional plan of conservation and 1101 
development or any part thereof or amendment thereto the regional 1102 
council of governments shall hold at least one public hearing thereon, 1103  Substitute Bill No. 11 
 
 
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notice of the time, place and subject of which shall be given in writing 1104 
to the chief executive officer and planning commission, where one 1105 
exists, of each member town, city or borough. Notice of the time, place 1106 
and subject of such hearing shall be published once in a newspaper 1107 
having a substantial circulation in the region. Such notices shall be given 1108 
not more than twenty days or less than ten days before such hearing. At 1109 
least sixty-five days before the public hearing the regional council of 1110 
governments shall post the plan on the Internet web site of the council, 1111 
if any, and submit the plan to the Secretary of the Office of Policy and 1112 
Management for findings in the form of comments and 1113 
recommendations. By October 1, 2011, the secretary shall establish, by 1114 
regulations adopted in accordance with the provisions of chapter 54, 1115 
criteria for such findings which shall include procedures for a uniform 1116 
review of regional plans of conservation and development to determine 1117 
if a proposed regional plan of conservation and development is not 1118 
inconsistent with the state plan of conservation and development and 1119 
the state economic strategic plan. The regional council of governments 1120 
shall note on the record any inconsistency with the state plan of 1121 
conservation and development and the reasons for such inconsistency. 1122 
Adoption of the plan or part thereof or amendment thereto shall be 1123 
made by the affirmative vote of not less than a majority of the 1124 
representatives on the council. The plan shall be posted on the Internet 1125 
web site of the council, if any, and a copy of the plan or of any 1126 
amendments thereto, signed by the chairman of the council, shall be 1127 
transmitted to the chief executive officers, the town, city or borough 1128 
clerks, as the case may be, and to planning commissions, if any, in 1129 
member towns, cities or boroughs, and to the Secretary of the Office of 1130 
Policy and Management, or his or her designee. The geospatial data 1131 
developed pursuant to subsection (a) of this section shall be made 1132 
available to the Commissioner of Emergency Services and Public 1133 
Protection or the Secretary of the Office of Policy and Management upon 1134 
request. The regional council of governments shall notify the Secretary 1135 
of the Office of Policy and Management of any inconsistency with the 1136 
state plan of conservation and development and the reasons therefor. 1137  Substitute Bill No. 11 
 
 
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Sec. 19. Section 29-251 of the general statutes is repealed and the 1138 
following is substituted in lieu thereof (Effective July 1, 2024): 1139 
There shall be within the Department of Administrative Services a 1140 
Codes and Standards Committee whose duty it shall be to work with 1141 
the State Building Inspector in the enforcement of this part and the State 1142 
Fire Marshal in the enforcement of part II of this chapter as set forth 1143 
herein. The committee shall be composed of twenty-one members, 1144 
residents of the state, appointed by the Commissioner of Administrative 1145 
Services as follows: (1) Two shall be architects licensed in the state of 1146 
Connecticut; (2) three shall be professional engineers licensed in the 1147 
state of Connecticut, two of whom shall practice either structural, 1148 
mechanical or electrical engineering but in no event shall both of such 1149 
members represent the same specialty, and one of whom shall be a 1150 
practicing fire protection engineer or mechanical engineer with 1151 
extensive experience in fire protection; (3) two shall be builders or 1152 
superintendents of construction, one of whom shall have expertise in 1153 
residential construction and one of whom shall have expertise in 1154 
nonresidential construction; (4) one shall be a public health official; (5) 1155 
two shall be building officials; (6) two shall be local fire marshals; (7) one 1156 
shall be a Connecticut member of a national building trades labor 1157 
organization; (8) one shall have expertise in matters relating to energy 1158 
efficiency; (9) four shall be public members, one of whom shall have 1159 
expertise in matters relating to accessibility and use of facilities by 1160 
persons with physical disabilities; (10) one shall be a contractor licensed 1161 
to perform electrical work or a member of a state-wide electrical trades 1162 
labor organization; (11) one shall be a contractor licensed to perform 1163 
plumbing and piping work or a member of a state-wide plumbing 1164 
trades labor organization; and (12) one shall be a contractor licensed to 1165 
perform heating, piping and cooling work or a member of a state-wide 1166 
heating and cooling trades labor organization. Each member, other than 1167 
the public members described in subdivision (9) of this section, shall 1168 
have had not less than ten years' practical experience in such member's 1169 
profession or business. Not fewer than five members, who shall not be 1170 
public members described in subdivision (9) of this section, shall have 1171  Substitute Bill No. 11 
 
 
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received training, certification or experience in construction techniques 1172 
that increase the resilience of buildings and building elements against 1173 
the impacts of climate change. The committee shall adopt regulations in 1174 
accordance with the provisions of chapter 54 governing the procedure 1175 
of the committee. Members who fail to attend three consecutive 1176 
meetings or fifty per cent of all meetings during a calendar year shall be 1177 
deemed to have resigned. The committee may, within the limits of 1178 
appropriations provided therefor, employ such assistants as may be 1179 
necessary to conduct its business. 1180 
Sec. 20. Subsection (c) of section 29-251c of the general statutes is 1181 
repealed and the following is substituted in lieu thereof (Effective July 1, 1182 
2024): 1183 
(c) The commissioner shall establish a program of education and 1184 
training in the mechanics and application of the State Building Code and 1185 
the Fire Safety Code conducted for any municipal or state code official, 1186 
or any candidate for such positions, and a continuing educational 1187 
program in the mechanics and application of the State Building Code 1188 
and the Fire Safety Code for any architect, engineer, landscape architect, 1189 
interior designer, builder, contractor or superintendent of construction 1190 
doing business in this state. Such programs shall include education and 1191 
training in construction techniques that maximize energy efficiency, 1192 
minimize greenhouse gas emissions and increase the resilience of 1193 
buildings and building elements against the impacts of climate change. 1194 
Sec. 21. Section 29-256a of the general statutes is repealed and the 1195 
following is substituted in lieu thereof (Effective July 1, 2024): 1196 
(a) (1) The State Building Inspector and the Codes and Standards 1197 
Committee shall revise the State Building Code to require that 1198 
commercial and residential buildings and building elements be 1199 
designed to provide optimum cost-effective energy efficiency over the 1200 
useful life of the building and to incorporate the 2012 International 1201 
Energy Conservation Code, not later than eighteen months after the 1202 
publication of said code. [The provisions of this section shall not be 1203  Substitute Bill No. 11 
 
 
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construed to impose any new requirement for any renovation or 1204 
construction of a state building that is subject to the requirements of 1205 
section 16a-38k, regardless of whether such building has been granted 1206 
an exemption under said section.] 1207 
(2) On and after July 1, 2025, the State Building Inspector and the 1208 
Codes and Standards Committee shall revise the State Building Code to 1209 
(A) require that the buildings and building elements described in 1210 
subdivision (1) of this subsection be designed to provide optimum 1211 
greenhouse gas emission reduction and resiliency against the impacts of 1212 
climate change over the useful life of the building, and (B) incorporate 1213 
the most recent International Energy Conservation Code, not later than 1214 
eighteen months after the publication of said code. 1215 
(3) The provisions of this section shall not be construed to impose any 1216 
new requirement for any renovation or construction of a state building 1217 
that is subject to the requirements of section 16a-38k, regardless of 1218 
whether such building has been granted an exemption under said 1219 
section. 1220 
(b) (1) Notwithstanding subsection (a) of this section, on and after 1221 
July 1, 2010, the State Building Inspector and the Codes and Standards 1222 
Committee, in consultation with the Commissioner of Administrative 1223 
Services, shall revise the State Building Code to include provisions 1224 
requiring certain buildings of or over a specified minimum size, that 1225 
qualify as a new construction or a major alteration of a residential or 1226 
nonresidential building, to meet or exceed optimum cost-effective 1227 
building construction standards concerning the thermal envelope or 1228 
mechanical systems, including, but not limited to, indoor air quality and 1229 
water conservation, and the lighting and electrical systems of the 1230 
building. [Such provisions] 1231 
(2) Notwithstanding subsection (a) of this section, on and after July 1, 1232 
2025, the State Building Inspector and the Codes and Standards 1233 
Committee, in consultation with the Commissioner of Administrative 1234 
Services, shall revise the State Building Code to include provisions 1235  Substitute Bill No. 11 
 
 
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requiring that the buildings described in subdivision (1) of this 1236 
subsection meet or exceed optimum cost-effective building construction 1237 
standards concerning the resiliency of such buildings to flood and wind 1238 
hazards, the impacts of climate change and the most recent sea level 1239 
change scenario updated pursuant to section 25-68o, as amended by this 1240 
act. 1241 
(3) The provisions included pursuant to subdivisions (1) and (2) of 1242 
this subsection shall reference nationally accepted green building rating 1243 
systems, including, but not limited to, the Leadership in Energy and 1244 
Environmental Design rating system, the Green Globes USA design 1245 
program, as established by the Green Building Initiative, the National 1246 
Green Building Standard, as established by the National Association of 1247 
Home Builders, or an equivalent rating system approved by the State 1248 
Building Inspector and the Codes and Standards Committee. On and 1249 
after July 1, 2025, such provisions shall reference nationally accepted 1250 
resiliency standards, including, but not limited to, the Insurance 1251 
Institute of Business & Home Safety's Fortified Construction Standard 1252 
and any other applicable standards promulgated or endorsed by the 1253 
United States Department of Energy, the Federal Emergency 1254 
Management Agency or other relevant federal agencies. Such 1255 
[requirements] provisions shall include a method for demonstrating 1256 
compliance at the time of application for a certificate of occupancy, 1257 
including, but not limited to, private third-party certification or 1258 
verification of compliance with the relevant portions of such rating 1259 
systems and resiliency standards, including, but not limited to, the 1260 
energy, [and] environmental and climate resiliency portions. 1261 
Sec. 22. Subsections (b) and (c) of section 8-2 of the 2024 supplement 1262 
to the general statutes are repealed and the following is substituted in 1263 
lieu thereof (Effective July 1, 2024): 1264 
(b) Zoning regulations adopted pursuant to subsection (a) of this 1265 
section shall: 1266 
(1) Be made in accordance with a comprehensive plan and in 1267  Substitute Bill No. 11 
 
 
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consideration of the plan of conservation and development adopted 1268 
under section 8-23, as amended by this act; 1269 
(2) Be designed to (A) lessen congestion in the streets; (B) secure 1270 
safety from fire, panic, flood, sea level rise, extreme heat, climate change 1271 
and other dangers; (C) promote health and the general welfare; (D) 1272 
provide adequate light and air; (E) protect the state's historic, tribal, 1273 
cultural and environmental resources; (F) facilitate the adequate 1274 
provision for transportation, water, sewerage, schools, parks and other 1275 
public requirements; (G) consider the impact of permitted land uses on 1276 
contiguous municipalities and on the planning region, as defined in 1277 
section 4-124i, in which such municipality is located; (H) address 1278 
significant disparities in housing needs and access to educational, 1279 
occupational and other opportunities; (I) promote efficient review of 1280 
proposals and applications; and (J) affirmatively further the purposes of 1281 
the federal Fair Housing Act, 42 USC 3601 et seq., as amended from time 1282 
to time; 1283 
(3) Be drafted with reasonable consideration as to the physical site 1284 
characteristics of the district and its peculiar suitability for particular 1285 
uses and with a view to encouraging the most appropriate use of land 1286 
throughout a municipality; 1287 
(4) Provide for the development of housing opportunities, including 1288 
opportunities for multifamily dwellings, consistent with soil types, 1289 
terrain and infrastructure capacity, for all residents of the municipality 1290 
and the planning region in which the municipality is located, as 1291 
designated by the Secretary of the Office of Policy and Management 1292 
under section 16a-4a; 1293 
(5) Promote housing choice and economic diversity in housing, 1294 
including housing for both low and moderate income households; 1295 
(6) Expressly allow the development of housing which will meet the 1296 
housing needs identified in the state's consolidated plan for housing and 1297 
community development prepared pursuant to section 8-37t and in the 1298 
housing component and the other components of the state plan of 1299  Substitute Bill No. 11 
 
 
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conservation and development prepared pursuant to section 16a-26; 1300 
(7) Be made with reasonable consideration for the impact of such 1301 
regulations on agriculture, as defined in subsection (q) of section 1-1; 1302 
(8) Provide that proper provisions be made for soil erosion and 1303 
sediment control pursuant to section 22a-329; 1304 
(9) Be made with reasonable consideration for the protection of 1305 
existing and potential public surface and ground drinking water 1306 
supplies; [and] 1307 
(10) In any municipality that is contiguous to or on a navigable 1308 
waterway draining to Long Island Sound, (A) be made with reasonable 1309 
consideration for the restoration and protection of the ecosystem and 1310 
habitat of Long Island Sound; (B) be designed to reduce hypoxia, 1311 
pathogens, toxic contaminants and floatable debris on Long Island 1312 
Sound; and (C) provide that such municipality's zoning commission 1313 
consider the environmental impact on Long Island Sound coastal 1314 
resources, as defined in section 22a-93, of any proposal for development; 1315 
and 1316 
(11) Provide that proper provisions be made to mitigate and avoid 1317 
potential negative impacts to public health, public welfare and the 1318 
environment, due to sea level change, in consideration of the most 1319 
recent sea level change scenario updated pursuant to section 25-68o, as 1320 
amended by this act. 1321 
(c) Zoning regulations adopted pursuant to subsection (a) of this 1322 
section may: 1323 
(1) To the extent consistent with soil types, terrain and water, sewer 1324 
and traffic infrastructure capacity for the community, provide for or 1325 
require cluster development, as defined in section 8-18; 1326 
(2) Be made with reasonable consideration for the protection of 1327 
historic factors; 1328  Substitute Bill No. 11 
 
 
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(3) Require or promote (A) energy-efficient patterns of development; 1329 
(B) the use of distributed generation or freestanding solar, wind and 1330 
other renewable forms of energy; (C) combined heat and power; [and] 1331 
(D) energy conservation; and (E) resilience, as defined in section 16-1332 
243y; 1333 
(4) Provide for incentives for developers who use (A) solar and other 1334 
renewable forms of energy; (B) combined heat and power; (C) water 1335 
conservation, including demand offsets; [and] (D) energy conservation 1336 
techniques, including, but not limited to, cluster development, higher 1337 
density development and performance standards for roads, sidewalks 1338 
and underground facilities in the subdivision; and (E) flood-risk 1339 
reduction building methods; 1340 
(5) Provide for a municipal or regional system for the creation of 1341 
development rights and the permanent transfer of such development 1342 
rights, which may include a system for the variance of density limits in 1343 
connection with any such transfer; 1344 
(6) Provide for notice requirements in addition to those required by 1345 
this chapter; 1346 
(7) Provide for conditions on operations to collect spring water or 1347 
well water, as defined in section 21a-150, including the time, place and 1348 
manner of such operations; 1349 
(8) Provide for floating zones, overlay zones and planned 1350 
development districts; 1351 
(9) Require estimates of vehicle miles traveled and vehicle trips 1352 
generated in lieu of, or in addition to, level of service traffic calculations 1353 
to assess (A) the anticipated traffic impact of proposed developments; 1354 
and (B) potential mitigation strategies such as reducing the amount of 1355 
required parking for a development or requiring public sidewalks, 1356 
crosswalks, bicycle paths, bicycle racks or bus shelters, including off-1357 
site; [and] 1358  Substitute Bill No. 11 
 
 
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(10) In any municipality where a traprock ridge or an amphibolite 1359 
ridge is located, (A) provide for development restrictions in ridgeline 1360 
setback areas; and (B) restrict quarrying and clear cutting, except that 1361 
the following operations and uses shall be permitted in ridgeline setback 1362 
areas, as of right: (i) Emergency work necessary to protect life and 1363 
property; (ii) any nonconforming uses that were in existence and that 1364 
were approved on or before the effective date of regulations adopted 1365 
pursuant to this section; and (iii) selective timbering, grazing of 1366 
domesticated animals and passive recreation; and 1367 
(11) Provide for sending and receiving sites in conjunction with any 1368 
transfer of development rights program established pursuant to section 1369 
8-2e, as amended by this act. 1370 
Sec. 23. Section 8-2e of the general statutes is repealed and the 1371 
following is substituted in lieu thereof (Effective July 1, 2024): 1372 
(a) Any two or more municipalities which have adopted the 1373 
provisions of this chapter or chapter 125a or which are exercising zoning 1374 
power pursuant to any special act may, with the approval of the 1375 
legislative body of each municipality, execute an agreement providing 1376 
for a system of development rights and the transfer of development 1377 
rights across the boundaries of the municipalities which are parties to 1378 
the agreement. Such system shall be implemented in a manner 1379 
approved by the legislative body of each municipality and by the 1380 
commission or other body which adopts zoning regulations of each 1381 
municipality. Such agreement may provide that such system be 1382 
administered by a regional council of governments or other agency. 1383 
(b) Any two or more municipalities that have executed an agreement 1384 
pursuant to subsection (a) of this section may, by interlocal agreement, 1385 
establish a transfer of development rights bank. Each such interlocal 1386 
agreement shall (1) identify the receiving site, (2) include the local 1387 
legislation governing development rights that has been adopted or is 1388 
intended to be adopted by the municipality or municipalities in which 1389 
the receiving site is located, (3) describe procedures for the termination 1390  Substitute Bill No. 11 
 
 
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of the transfer of development rights bank, and (4) describe the 1391 
conversion ratio to be used in the receiving site, which may express the 1392 
extent of additional development rights in any combination of units, 1393 
floor area, height or other applicable development standards that may 1394 
be modified by the municipality to provide incentives for the purchase 1395 
of development rights. 1396 
(c) Each receiving site identified pursuant to subsection (b) of this 1397 
section shall (1) be eligible for connection with a public water system, 1398 
(2) be located not more than one-half mile from public transportation 1399 
facilities, as defined in section 13b-79kk, (3) not be located within the 1400 
boundaries of core forest, as defined in section 16a-3k, (4) not be located 1401 
within the boundaries of any area impacted by the most recent sea level 1402 
change scenario updated pursuant to subsection (b) of section 25-68o, as 1403 
amended by this act, and (5) be located above the five-hundred-year 1404 
flood elevation. 1405 
(d) Eligible sending sites may include, but need not be limited to, (1) 1406 
core forest, as defined in section 13b-79kk, (2) land classified as farm 1407 
land in accordance with section 12-107c, (3) agricultural land, as defined 1408 
in section 22-3, (4) areas identified as containing habitat for endangered 1409 
or threatened species pursuant to (A) federal law, (B) section 26-306 or 1410 
26-308, or (C) a written determination of the United States Fish and 1411 
Wildlife Service or a state and federally recognized tribe that such area 1412 
is appropriate for the preservation of endangered or threatened species 1413 
habitat, and (5) areas within the boundaries of any area impacted by the 1414 
most recent sea level change scenario updated pursuant to subsection 1415 
(b) of section 25-68o, as amended by this act, or a floodplain, as defined 1416 
in section 25-68i. 1417 
Sec. 24. (Effective July 1, 2024) (a) Not later than September 1, 2024, the 1418 
Insurance Commissioner shall, within available resources, convene a 1419 
working group to (1) study the needs of homeowners and small 1420 
business owners with respect to the fortification of their homes and 1421 
places of business against potential losses due to natural disasters, 1422 
hazards and climate change, and (2) make recommendations concerning 1423  Substitute Bill No. 11 
 
 
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the feasibility of establishing a program to assist homeowners and small 1424 
business owners in fortifying their homes and places of business against 1425 
such losses. Such recommendations shall include, but need not be 1426 
limited to, (A) the structure and oversight of such a program, (B) 1427 
potential incentives that may be offered to such homeowners and small 1428 
business owners for the fortification of such homes and places of 1429 
business, especially in vulnerable communities, as defined in section 16-1430 
243y of the general statutes, and (C) the identification of funding sources 1431 
for such program. 1432 
(b) The working group shall consist of members appointed by the 1433 
commissioner, who may have expertise in construction, insurance, 1434 
natural disasters and hazards, emergency preparedness and climate 1435 
change. The commissioner shall appoint two cochairpersons from 1436 
among the members of the working group. The working group shall 1437 
hold not less than one public forum to allow the public to provide input 1438 
on the recommendations of the working group. 1439 
(c) Not later than January 1, 2025, the working group shall submit a 1440 
report of its findings and recommendations, in accordance with the 1441 
provisions of section 11-4a of the general statutes, to the Governor and 1442 
the joint standing committee of the General Assembly having 1443 
cognizance of matters relating to insurance. The working group shall 1444 
terminate upon submission of said report or January 1, 2025, whichever 1445 
is later. 1446 
Sec. 25. Section 16a-27 of the general statutes is repealed and the 1447 
following is substituted in lieu thereof (Effective July 1, 2024): 1448 
(a) The secretary, after consultation with all appropriate state, 1449 
regional and local agencies and other appropriate persons, shall, prior 1450 
to March 1, 2012, complete a revision of the existing plan and enlarge it 1451 
to include, but not be limited to, policies relating to transportation, 1452 
energy and air. Any revision made after July 1, 1995, shall take into 1453 
consideration the conservation and development of greenways that 1454 
have been designated by municipalities and shall recommend that state 1455  Substitute Bill No. 11 
 
 
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agencies coordinate their efforts to support the development of a state-1456 
wide greenways system. The Commissioner of Energy and 1457 
Environmental Protection shall identify state-owned land for inclusion 1458 
in the plan as potential components of a state greenways system. 1459 
(b) Any revision made after August 20, 2003, shall take into account 1460 
(1) economic and community development needs and patterns of 1461 
commerce, and (2) linkages of affordable housing objectives and land 1462 
use objectives with transportation systems. 1463 
(c) Any revision made after March 1, 2006, shall (1) take into 1464 
consideration risks associated with natural hazards, including, but not 1465 
limited to, flooding, high winds and wildfires; (2) identify the potential 1466 
impacts of natural hazards on infrastructure and property; and (3) make 1467 
recommendations for the siting of future infrastructure and property 1468 
development to minimize the use of areas prone to natural hazards, 1469 
including, but not limited to, flooding, high winds and wildfires. 1470 
(d) Any revision made after July 1, 2005, shall describe the progress 1471 
towards achievement of the goals and objectives established in the 1472 
previously adopted state plan of conservation and development and 1473 
shall identify (1) areas where it is prudent and feasible (A) to have 1474 
compact, transit accessible, pedestrian-oriented [mixed-use] mixed use 1475 
development patterns and land reuse, and (B) to promote such 1476 
development patterns and land reuse, (2) priority funding areas 1477 
designated under section 16a-35c, and (3) corridor management areas 1478 
on either side of a limited access highway or a rail line. In designating 1479 
corridor management areas, the secretary shall make recommendations 1480 
that (A) promote land use and transportation options to reduce the 1481 
growth of traffic congestion; (B) connect infrastructure and other 1482 
development decisions; (C) promote development that minimizes the 1483 
cost of new infrastructure facilities and maximizes the use of existing 1484 
infrastructure facilities; and (D) increase intermunicipal and regional 1485 
cooperation. 1486 
(e) Any revision made after October 1, 2008, shall (1) for each policy 1487  Substitute Bill No. 11 
 
 
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recommended (A) assign a priority; (B) estimate funding for 1488 
implementation and identify potential funding sources; (C) identify 1489 
each entity responsible for implementation; and (D) establish a schedule 1490 
for implementation; and (2) for each growth management principle, 1491 
determine three benchmarks to measure progress in implementation of 1492 
the principles, one of which shall be a financial benchmark. 1493 
(f) Any revision made after October 1, 2009, shall take into 1494 
consideration the protection and preservation of Connecticut Heritage 1495 
Areas. 1496 
(g) Any revision made after December 1, 2011, shall take into 1497 
consideration (1) the state water supply and resource policies 1498 
established in sections 22a-380 and 25-33c, and (2) the list prepared by 1499 
the Commissioner of Public Health pursuant to section 25-33q. 1500 
(h) (1) Any revision made after October 1, 2019, and until the 1501 
adoption of the state Conservation and Development Policies Plan, 1502 
2025-2030, shall [(1)] (A) take into consideration risks associated with 1503 
increased coastal flooding and erosion, depending on site topography, 1504 
as anticipated in the most recent sea level change scenario updated 1505 
pursuant to subsection (b) of section 25-68o, as amended by this act, [(2)] 1506 
(B) identify the impacts of such increased flooding and erosion on 1507 
infrastructure and natural resources, [(3)] (C) make recommendations 1508 
for the siting of future infrastructure and property development to 1509 
minimize the use of areas prone to such flooding and erosion, and [(4)] 1510 
(D) take into consideration the state's greenhouse gas reduction goals 1511 
established pursuant to section 22a-200a. 1512 
(2) Any revision made after the adoption of the state Conservation 1513 
and Development Policies Plan, 2025-2030 shall (A) take into 1514 
consideration risks associated with (i) changes to the rate and timing of 1515 
annual precipitation and increased average temperatures resulting in 1516 
extreme heat, and (ii) increased flooding and erosion, depending on site 1517 
topography, as anticipated in the most recent sea level change scenario 1518 
updated pursuant to subsection (b) of section 25-68o, as amended by 1519  Substitute Bill No. 11 
 
 
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this act, and by other sources as deemed appropriate by the Secretary of 1520 
Policy and Management, (B) identify the impacts of such extreme heat, 1521 
drought and increased flooding and erosion on infrastructure and 1522 
natural resources, (C) make recommendations for the siting of future 1523 
infrastructure and property development to minimize the use of areas 1524 
prone to such flooding and erosion, (D) make recommendations for land 1525 
use strategies that minimize risks to public health, infrastructure and the 1526 
environment, and (E) take into consideration the state's greenhouse gas 1527 
reduction goals established pursuant to section 22a-200a. 1528 
(i) Any revision made after October 1, 2016, shall take into 1529 
consideration the need for technology infrastructure in the 1530 
municipality. 1531 
(j) Thereafter on or before March first in each revision year the 1532 
secretary shall complete a revision of the plan of conservation and 1533 
development, provided no revision year may be later than four years 1534 
subsequent to the year in which the plan was last adopted in accordance 1535 
with the process established in this chapter. 1536 
Sec. 26. Section 28-5 of the general statutes is amended by adding 1537 
subsection (h) as follows (Effective July 1, 2024): 1538 
(NEW) (h) On and after October 1, 2028, the state civil preparedness 1539 
plan and program established pursuant to subsection (b) of this section 1540 
shall consider observed and projected climate trends relating to extreme 1541 
weather events, drought, coastal and inland flooding, storm surge, 1542 
wildfire, extreme heat and any other hazards deemed relevant by the 1543 
commissioner. 1544 
Sec. 27. Section 7-131d of the 2024 supplement to the general statutes 1545 
is repealed and the following is substituted in lieu thereof (Effective July 1546 
1, 2024): 1547 
(a) There is established the protected open space and watershed land 1548 
acquisition grant program. The program shall provide grants to 1549 
municipalities and nonprofit land conservation organizations to acquire 1550  Substitute Bill No. 11 
 
 
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land or permanent interests in land for open space and watershed 1551 
protection and to water companies, as defined in section 25-32a, to 1552 
acquire and protect land which is eligible to be classified as class I or 1553 
class II land, as defined in section 25-37c, after acquisition. All lands or 1554 
interests in land acquired under this program shall be preserved in 1555 
perpetuity predominantly in their natural scenic and open condition for 1556 
the protection of natural resources while allowing for recreation 1557 
consistent with such protection and, for lands acquired by water 1558 
companies, allowing for the improvements necessary for the protection 1559 
or provision of potable water. 1560 
(b) Grants may be made under the protected open space and 1561 
watershed land acquisition grant program established under subsection 1562 
(a) of this section or under the Charter Oak open space grant program 1563 
established under section 7-131t to match funds for the purchase of land 1564 
or permanent interests in land which purchase meets one of the 1565 
following criteria: (1) Protects land identified as being especially 1566 
valuable for recreation, forestry, fishing, conservation of wildlife or 1567 
natural resources; (2) protects land which includes or contributes to a 1568 
prime natural feature of the state's landscape, including, but not limited 1569 
to, a shoreline, a river, its tributaries and watershed, an aquifer, 1570 
mountainous territory, ridgelines, an inland or coastal wetland, a 1571 
significant littoral or estuarine or aquatic site or other important 1572 
geological feature; (3) protects habitat for native plant or animal species 1573 
listed as threatened or endangered or of special concern, as defined in 1574 
section 26-304; (4) protects a relatively undisturbed outstanding 1575 
example of a native ecological community which is now uncommon; (5) 1576 
enhances and conserves water quality of the state's lakes, rivers and 1577 
coastal water; (6) preserves local agricultural heritage; or (7) in the case 1578 
of grants to water companies, protects land which is eligible to be 1579 
classified as class I land or class II land after acquisition. [The 1580 
commissioner may make a grant under the protected open space and 1581 
watershed land acquisition grant program to a distressed municipality 1582 
or a targeted investment community, as defined in section 32-9p, for 1583 
restoration or protection of natural features or habitats on open space 1584  Substitute Bill No. 11 
 
 
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already owned by the municipality, including, but not limited to, 1585 
wetland or wildlife or plant habitat restoration or restoration of other 1586 
sites to a more natural condition, or replacement of vegetation, provided 1587 
the total amount of grants to such municipalities for such purposes may 1588 
not exceed twenty per cent of the total amount of grants made in any 1589 
fiscal year.] 1590 
(c) Grants may be made under the protected open space and 1591 
watershed land acquisition grant program established under subsection 1592 
(a) of this section for restoration or protection of natural features or 1593 
habitats on open space already owned by a (1) distressed municipality, 1594 
as defined in section 32-9p, (2) targeted investment community, as 1595 
defined in section 32-222, (3) municipality, provided such open space is 1596 
located in an environmental justice community, as defined in section 1597 
22a-20a, or (4) nonprofit land conservation organization, provided such 1598 
open space is located in a distressed municipality, targeted investment 1599 
community or environmental justice community. Such restoration or 1600 
protection may include, but need not be limited to, wetland, wildlife or 1601 
plant habitat restoration or restoration of other sites to a more natural 1602 
condition or replacement of vegetation. The total amount of grants 1603 
made pursuant to this subsection shall not exceed twenty per cent of the 1604 
total amount of grants made pursuant to the open space and watershed 1605 
land acquisition grant program in any fiscal year. 1606 
[(c) No] (d) (1) Except as provided in subdivision (2) of this 1607 
subsection, no grant may be made under the protected open space and 1608 
watershed land acquisition grant program established under subsection 1609 
(a) of this section or under the Charter Oak open space grant program 1610 
established under section 7-131t for: [(1)] (A) Land to be used for 1611 
commercial purposes or for recreational purposes requiring intensive 1612 
development, including, but not limited to, golf courses, driving ranges, 1613 
tennis courts, ballfields, swimming pools and uses by motorized 1614 
vehicles other than vehicles needed by water companies to carry out 1615 
their purposes, provided trails or pathways for pedestrians, motorized 1616 
wheelchairs or nonmotorized vehicles shall not be considered intensive 1617 
development; [(2)] (B) land with environmental contamination over a 1618  Substitute Bill No. 11 
 
 
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significant portion of the property provided grants for land requiring 1619 
remediation of environmental contamination may be made if 1620 
remediation will be completed before acquisition of the land or any 1621 
interest in the land and an environmental assessment approved by the 1622 
Commissioner of Energy and Environmental Protection has been 1623 
completed and no environmental use restriction applies to the land; [(3)] 1624 
(C) land which has already been committed for public use, except as 1625 
provided in subsection (c) of section 7-131g; [(4)] (D) development costs, 1626 
including, but not limited to, construction of ballfields, tennis courts, 1627 
parking lots or roadways; [(5)] (E) land to be acquired by eminent 1628 
domain; or [(6)] (F) reimbursement of in-kind services or incidental 1629 
expenses associated with the acquisition of land. This subsection shall 1630 
not prohibit the continuation of agricultural activity, the activities of a 1631 
water company for public water supply purposes or the selling of timber 1632 
incidental to management of the land which management is in 1633 
accordance with approved forest management practices provided any 1634 
proceeds of such timber sales shall be used for management of the land. 1635 
In the case of land acquired under this section which is designated as a 1636 
state park, any fees charged by the state for use of such land shall be 1637 
used by the state in accordance with the provisions of title 23. 1638 
(2) Grants in a total amount not exceeding five per cent of the total 1639 
amount of grants made pursuant to the open space and watershed land 1640 
acquisition grant program in any fiscal year may be made to distressed 1641 
municipalities, as defined in section 32-9p, targeted investment 1642 
communities, as defined in section 32-222, nonprofit land conservation 1643 
organizations and municipalities, for the purpose of reimbursement for 1644 
in-kind services or incidental expenses associated with the acquisition 1645 
of land, including, but not limited to, survey fees, appraisal costs and 1646 
legal fees, provided such land is located in a distressed municipality, 1647 
targeted investment community or environmental justice community, 1648 
as defined in section 22a-20a. 1649 
[(d)] (e) Any municipality or group of contiguous municipalities may 1650 
apply to the Commissioner of Energy and Environmental Protection for 1651 
a grant-in-aid of a program established to preserve or restrict to 1652  Substitute Bill No. 11 
 
 
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conservation or recreation purposes the use of open space land. Such 1653 
grant shall be used for the acquisition of land, or easements, interests or 1654 
rights therein, or for the development of such land, or easements, 1655 
interests or rights therein, for purposes set forth in this section, or both, 1656 
in accordance with a plan of development adopted by the municipal 1657 
planning commission of the municipality within which the land is 1658 
located. Any application for a grant-in-aid relating to land located 1659 
beyond the territorial limits of the applying municipality shall be subject 1660 
to approval of the legislative body of the municipality within whose 1661 
territorial limits the land is located. A municipality applying for aid 1662 
under this section, may designate its conservation commission as its 1663 
agent to make such application. 1664 
[(e)] (f) At closing, a permanent conservation easement, as defined in 1665 
section 47-42, shall be executed for any property purchased with grant 1666 
funds, which conservation easement shall provide that the property 1667 
shall remain forever predominantly in its natural and open condition 1668 
for the specific conservation, open space or water supply purposes for 1669 
which it was acquired provided any improvements or changes to the 1670 
property shall be supportive of such condition or purposes. The 1671 
permanent conservation easement shall be in favor of the state acting 1672 
through the Commissioner of Energy and Environmental Protection, or 1673 
his designee, which may be a municipality or a land conservation 1674 
organization. In the case of land acquired for water supply protection, a 1675 
water company may hold an easement in conjunction with the state or 1676 
a nonprofit entity to protect the water supply. Such permanent 1677 
conservation easement shall also include a requirement that the 1678 
property be made available to the general public for appropriate 1679 
recreational purposes, the maintenance of which recreational access 1680 
shall be the responsibility of the grantee provided such access shall not 1681 
be required for land which will be classified as class I or class II land by 1682 
a water company if such access is inconsistent with the provision of pure 1683 
drinking water to the public. An exception to the provision of public 1684 
recreational access may be made at the discretion of the Commissioner 1685 
of Energy and Environmental Protection when provision for public 1686  Substitute Bill No. 11 
 
 
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access would be unreasonably detrimental to the wildlife or plant 1687 
habitat or other natural features of the property or, for land where 1688 
development rights have been purchased, would be disruptive of 1689 
agricultural activity occurring on the land. Any instrument conveying 1690 
an interest in land less than fee which interest is purchased under this 1691 
section shall provide for the permanent preservation of the land and 1692 
public access consistent with the land's use or protection and with any 1693 
restrictions prescribed by the Department of Public Health in order to 1694 
protect a public drinking water source. 1695 
Sec. 28. Subsections (b) and (c) of section 7-131e of the general statutes 1696 
are repealed and the following is substituted in lieu thereof (Effective July 1697 
1, 2024): 1698 
(b) There is established a Natural Heritage, Open Space and 1699 
Watershed Land Acquisition Review Board to assist and advise the 1700 
commissioner in carrying out the provisions of sections 7-131d to 7-1701 
131g, inclusive, as amended by this act, and sections 23-73 to 23-79, 1702 
inclusive. Upon establishment of the review board and selection of a 1703 
chairman under this section, the review board (1) shall provide 1704 
comments on selection criteria, policies and procedures; (2) shall 1705 
promote public participation; (3) shall provide guidance and conduct 1706 
review of strategies for land protection, including strategies under 1707 
section 23-8; (4) shall review and evaluate grant award policies and 1708 
procedures; and (5) may provide comments on any application for 1709 
funds not later than forty-five days after such application is submitted 1710 
to the chairman. Upon establishment of the board, the commissioner 1711 
shall take such comments into consideration in making any decisions 1712 
regarding such grants. 1713 
(c) The review board shall consist of [twenty-one] twenty-three 1714 
members as follows: (1) The chairpersons and ranking members of the 1715 
bonding subcommittee of the joint standing committee of the General 1716 
Assembly having cognizance of matters relating to finance, revenue and 1717 
bonding; (2) one member of the joint standing committee of the General 1718 
Assembly having cognizance of matters relating to the environment, 1719  Substitute Bill No. 11 
 
 
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appointed by the speaker of the House of Representatives, and one 1720 
member of the joint standing committee of the General Assembly 1721 
having cognizance of matters relating to planning and development, 1722 
appointed by the president pro tempore of the Senate, each of whom 1723 
shall be ex-officio members of the board; (3) the Secretary of the Office 1724 
of Policy and Management, or his designee; (4) a representative of the 1725 
business community and a person experienced in issues relating to 1726 
access to public facilities by persons with disabilities, appointed by the 1727 
Governor; (5) one representative from an investor-owned water utility, 1728 
appointed by the minority leader of the Senate; (6) one representative 1729 
from a municipal water utility, appointed by the minority leader of the 1730 
House of Representatives; (7) one representative from a regional water 1731 
utility, appointed by the minority leader of the Senate; (8) one 1732 
representative who is a realtor or attorney with a minimum of five 1733 
[years] years' experience in real estate transfers, appointed by the 1734 
speaker of the House of Representatives; one representative with a 1735 
minimum of five [years] years' experience in the construction industry 1736 
or land development, appointed by the president pro tempore of the 1737 
Senate; (9) two representatives of interest groups primarily concerned 1738 
with the conservation of river watershed regions, appointed one each 1739 
by the majority leaders of the House of Representatives and the Senate; 1740 
(10) three representatives from nonprofit organizations primarily 1741 
concerned with environmental protection or natural resource 1742 
conservation with a minimum of five [years] years' experience in land 1743 
conservation and acquisition, appointed one each by the Governor, the 1744 
speaker of the House of Representatives and the president pro tempore 1745 
of the Senate; [and] (11) one chief elected official of a town with a 1746 
population less than twenty thousand and one chief elected official of a 1747 
town with a population greater than twenty thousand, appointed by the 1748 
Governor; (12) one member who is a representative of a community of 1749 
color, low-income community or community-based organization, or 1750 
professor from a college or university in the state with expertise in 1751 
environmental justice, appointed by the Commissioner of Energy and 1752 
Environmental Protection; and (13) one member who resides in a United 1753 
States census block group, as determined in accordance with the most 1754  Substitute Bill No. 11 
 
 
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recent United States decennial census, for which thirty per cent or more 1755 
of the population consists of low-income persons who are not 1756 
institutionalized and have an income below two hundred per cent of the 1757 
federal poverty level, appointed by the Commissioner of Energy and 1758 
Environmental Protection. The members, other than the members 1759 
described in subdivisions (1), (2) and (3) of this subsection, shall serve 1760 
terms of three years provided the terms of the members described in 1761 
subdivisions (4) to (8), inclusive, of this subsection who are appointed 1762 
in the year after July 1, 1998, shall expire on October 1, 1999, and further 1763 
provided the terms of the members described in subdivisions (9) to (11), 1764 
inclusive, of this subsection shall expire on October 1, 2000. The board 1765 
shall elect a chairman from among its members and shall make such 1766 
election on or before October 1, 1998. Members of the board shall serve 1767 
until reappointed or replaced. 1768 
Sec. 29. Subsection (a) of section 7-131g of the 2024 supplement to the 1769 
general statutes is repealed and the following is substituted in lieu 1770 
thereof (Effective July 1, 2024): 1771 
(a) The Commissioner of Energy and Environmental Protection may 1772 
make grants under the open space and watershed land acquisition 1773 
program to: (1) Municipalities for acquisition of land for open space 1774 
under subdivisions (1) to (6), inclusive, of subsection (b) of section 7-1775 
131d, as amended by this act, in an amount not to exceed sixty-five per 1776 
cent of the fair market value of a parcel of land or interest in land 1777 
proposed to be acquired; (2) municipalities for acquisition of land for 1778 
class I and class II water supply protection under subdivision (5) of 1779 
subsection (b) of said section 7-131d, in an amount not to exceed sixty-1780 
five per cent of such value; (3) nonprofit land conservation 1781 
organizations for acquisition of land for open space or watershed 1782 
protection under subdivisions (1) to (6), inclusive, of subsection (b) of 1783 
said section 7-131d, in an amount not to exceed sixty-five per cent of 1784 
such value; (4) water companies for acquisition of land under 1785 
subdivision (7) of subsection (b) of said section 7-131d, in an amount not 1786 
to exceed sixty-five per cent of such value provided if such a company 1787 
proposes in a grant application that it intends to allow access to such 1788  Substitute Bill No. 11 
 
 
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land for recreational uses, such company shall seek approval of the 1789 
Commissioner of Public Health for such access; and (5) distressed 1790 
municipalities, as defined in section 32-9p or targeted investment 1791 
communities, as defined in section [32-9p] 32-222, municipalities 1792 
containing one or more environmental justice communities, as defined 1793 
in section 22a-20a, or, with the approval of the chief elected official or 1794 
governing legislative body of such a municipality or community, to a 1795 
nonprofit land conservation organization or water company, for 1796 
acquisition of land within that municipality or community, for open 1797 
space under subdivisions (1) to (6), inclusive, of subsection (b) of said 1798 
section 7-131d, in an amount not to exceed seventy-five per cent of such 1799 
value or for performance of work in the restoration, enhancement or 1800 
protection of resources in an amount not to exceed fifty per cent of the 1801 
cost of such work. Applicants for grants under the program shall 1802 
provide a copy of the application to the chairperson of the review board 1803 
established under section 7-131e, as amended by this act. The board 1804 
shall provide comments to the commissioner on pending applications 1805 
as it deems necessary. 1806 
Sec. 30. Subsection (a) of section 7-131e of the general statutes is 1807 
repealed and the following is substituted in lieu thereof (Effective July 1, 1808 
2024): 1809 
(a) Grant award decisions under the protected open space and 1810 
watershed land acquisition grant program established under section 7-1811 
131d, as amended by this act, or under the Charter Oak open space grant 1812 
program established under section 7-131t shall be made by the 1813 
Commissioner of Energy and Environmental Protection at least 1814 
semiannually. All complete and eligible grant applications shall be acted 1815 
upon by the commissioner as soon as practicable. A single project may 1816 
receive a grant in more than one grant cycle, subject to future availability 1817 
of funds and subject to the limitations set forth in this section and 1818 
sections 23-78, 12-498 and 7-131d, as amended by this act. Up to five per 1819 
cent of the grant funds may be used for administrative expenses 1820 
including, but not limited to: (1) Contractors to assist the Department of 1821 
Energy and Environmental Protection in the review and evaluation of 1822  Substitute Bill No. 11 
 
 
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grant proposals and baseline data collection for conservation easements; 1823 
(2) appraisals or appraisal reviews; and (3) preparation of legal and 1824 
other documents. Administrative expenses may not be used for staff 1825 
salaries. Not later than September 1, 1998, for the protected open space 1826 
and watershed land acquisition grant program established under 1827 
section 7-131d, as amended by this act, and not later than September 1, 1828 
2000, for the Charter Oak open space grant program account established 1829 
under section 7-131t, the commissioner shall develop written guidelines 1830 
and a ranking system for consistency and equity in the distribution of 1831 
grant awards under the protected open space and watershed land 1832 
acquisition grant program established under section 7-131d, as 1833 
amended by this act, or under the Charter Oak open space grant 1834 
program account established under section 7-131t based on the criteria 1835 
listed in subsections (b), [and] (c) and (d) of section 7-131d, as amended 1836 
by this act. Consistent with such criteria, additional consideration shall 1837 
be given to: (A) Protection of lands adjacent to and complementary to 1838 
adjacent protected open space land or class I or class II water company 1839 
lands; (B) equitable geographic distribution of the grants; (C) proximity 1840 
of a property to urban areas with growth and development pressures or 1841 
to areas with open space deficiencies and underserved populations; (D) 1842 
protection of land particularly vulnerable to development incompatible 1843 
with its natural resource values including the protection of a public 1844 
water supply source; (E) consistency with the state plan of conservation 1845 
and development; (F) multiple protection elements, such as water 1846 
quality and supply protection, scenic preservation and farmland 1847 
preservation; (G) the extent to which the presence of already constructed 1848 
buildings or other man-made improvements diminish or overshadow 1849 
the natural resource value of a proposed acquisition, or its value relative 1850 
to its cost; and (H) preservation of forest lands and bodies of water 1851 
which naturally absorb significant amounts of carbon dioxide. 1852 
Sec. 31. Subsection (a) of section 23-8b of the general statutes is 1853 
repealed and the following is substituted in lieu thereof (Effective July 1, 1854 
2024): 1855 
(a) Any contract for the protection of open space entered into by the 1856  Substitute Bill No. 11 
 
 
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Commissioner of Energy and Environmental Protection with BHC 1857 
Company, Aquarion or Kelda Group, jointly or individually, and The 1858 
Nature Conservancy, for purchase of land or interests in land from said 1859 
companies shall be on such terms and conditions as are approved by the 1860 
commissioner. Such terms and conditions shall provide for the filing on 1861 
the land records in the town in which the land is located, restrictions or 1862 
easements that provide that all land or interest in land subject to such 1863 
purchase is preserved in perpetuity in its natural and open condition for 1864 
the protection of natural resources and public water supplies. Such 1865 
restrictions or easements may allow only those recreational activities 1866 
which are not prohibited in subsection [(c)] (d) of section 7-131d, as 1867 
amended by this act, and shall allow for improvements and activities 1868 
necessary only for land and natural resource management and safe and 1869 
adequate potable water. Such permanent restrictions or easements shall 1870 
be in favor of the State of Connecticut acting through the Commissioner 1871 
of Energy and Environmental Protection. Such permanent restrictions 1872 
or easements shall also include a requirement that the property be 1873 
available to the general public for recreational purposes as permitted 1874 
under subsection [(c)] (d) of section 7-131d, as amended by this act, and 1875 
shall allow for the installation of such permanent fixtures as may be 1876 
necessary to provide such permitted recreational activities. The 1877 
Department of Energy and Environmental Protection and the state are 1878 
hereby authorized to carry out and fulfill their obligations under any 1879 
such contract. In addition to such rights as said companies may have 1880 
pursuant to chapter 53, those rights in and to land or interests in land 1881 
reserved by said companies in their conveyances to the state in 1882 
accordance with the provisions of said contract shall be enforceable in 1883 
equity. 1884 
Sec. 32. (NEW) (Effective July 1, 2024) Notwithstanding the provisions 1885 
of section 22a-352 of the general statutes, the Water Planning Council, 1886 
as established pursuant to section 25-33o of the general statutes, shall, 1887 
in undertaking the next periodic update to the state water plan in 1888 
accordance with section 22a-352 of the general statutes: (1) Consider the 1889 
potential impact of climate change on the quality of water resources, (2) 1890  Substitute Bill No. 11 
 
 
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take into account past conditions and predictions of future temperatures 1891 
and precipitation when identifying the quantities and qualities of water 1892 
that are available for public water supply, health, economic, recreation 1893 
and environmental benefits on a regional basin scale considering both 1894 
surface water and groundwater, and (3) include recommendations and 1895 
an implementation plan to reduce impacts from climate change and 1896 
extreme weather events on water quality and quantity. 1897 
Sec. 33. (NEW) (Effective July 1, 2024) (a) Not later than December 31, 1898 
2028, and every ten years thereafter, the Departments of Public Health 1899 
and Energy and Environmental Protection and the Public Utilities 1900 
Regulatory Authority shall each review their regulations pertaining to 1901 
water supply and, in accordance with the provisions of chapter 54 of the 1902 
general statutes, revise such regulations to incorporate the most 1903 
concurrent projections on precipitation, temperature or other applicable 1904 
conditions that could impact water quality, quantity and distribution. 1905 
(b) Not later than December 31, 2028, and every ten years thereafter, 1906 
the Departments of Public Health and Energy and Environmental 1907 
Protection shall each review and revise their permitting processes for 1908 
sewage disposal systems, and any attendant regulations, in accordance 1909 
with the provisions of chapter 54 of the general statutes, to incorporate 1910 
the most concurrent projections on precipitation, flooding, sea level rise 1911 
or other applicable conditions that could impact public safety and 1912 
environmental quality. 1913 
Sec. 34. (NEW) (Effective July 1, 2024) (a) Notwithstanding any 1914 
provision of the general statutes, the Commissioner of the Department 1915 
of Energy and Environmental Protection may acquire, in the name of 1916 
the state and for flood control and protection and associated public 1917 
purposes, no more than 25.7 acres of real property, or interests or rights 1918 
therein, by purchase, gift, devise or exchange, or may take the same by 1919 
eminent domain in the manner provided in Part IV of chapter 238 of the 1920 
general statutes, provided: (1) Such acquisition occurs prior to October 1921 
1, 2034; (2) the owner of any private property taken by eminent domain 1922 
pursuant to this section shall be entitled to challenge the amount of 1923  Substitute Bill No. 11 
 
 
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compensation in accordance with section 13a-76 of the general statutes; 1924 
and (3) such property or interest therein is located in a municipality that 1925 
was incorporated in 1836 and has a population between one hundred 1926 
forty thousand and one hundred fifty thousand as reported in the 2010 1927 
federal decennial census and is necessary to construct a disaster relief, 1928 
long-term recovery or infrastructure restoration project funded in 2016 1929 
by the Community Development Block Grant -National Disaster 1930 
Resilience program, 81 CFR 36557. 1931 
(b) Whenever the Commissioner of the Department of Energy and 1932 
Environmental Protection determines that the construction, operation, 1933 
maintenance, repair or reconstruction of the property described in 1934 
subdivision (3) of subsection (a) of this section or the flood control and 1935 
protection improvements thereon, would necessitate the readjustment, 1936 
relocation or removal of a public service facility, as defined in section 1937 
13a-126 of the general statutes, the commissioner may issue a 1938 
readjustment, relocation or removal order to the company, corporation 1939 
or municipality owning or operating such public service facility and 1940 
such company, corporation or municipality shall readjust, relocate or 1941 
remove such public service facility promptly, in accordance with such 1942 
order, provided an equitable share of the cost of such readjustment, 1943 
relocation or removal, including the cost of installing and constructing 1944 
a public service facility of equal capacity in a new location, shall be 1945 
borne by the state, within available appropriations, and calculated in 1946 
accordance with section 13a-126 of the general statutes, as applied to 1947 
state highways other than limited access highways. 1948 
Sec. 35. (Effective from passage) Not later than January 1, 2025, the 1949 
Commissioner of Energy and Environmental Protection, in consultation 1950 
with the Insurance Commissioner, shall submit a report, in accordance 1951 
with the provisions of section 11-4a of the general statutes, to the joint 1952 
standing committee of the General Assembly having cognizance of 1953 
matters relating to the environment on the requirements to create a 1954 
climate resiliency fund that is funded by a surcharge on insurance 1955 
policies issued in this state for property damage, general liability, 1956 
business interruption, and any other form of business loss or similar 1957  Substitute Bill No. 11 
 
 
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mechanism in relation to fossil fuel projects. Such report shall include, 1958 
but not be limited to, an inventory of relevant fossil fuel projects, 1959 
recommendations for structuring any such assessment and fund, and 1960 
mechanisms to ensure maximum compliance with such assessment. For 1961 
purposes of this section, "fossil fuel project" means any project intended 1962 
to facilitate or expand the exploration, extraction, processing, exporting, 1963 
transporting other than by truck, storage, or any other significant action 1964 
with respect to oil, natural gas or coal and includes, but is not limited to, 1965 
the construction of any infrastructure related to such activities 1966 
including, but not limited to, wells, pipelines, terminals, refineries or 1967 
utility-scale generation facilities. 1968 
Sec. 36. Section 8-2f of the general statutes is repealed. (Effective July 1969 
1, 2024) 1970 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2024 New section 
Sec. 2 July 1, 2024 New section 
Sec. 3 July 1, 2024 New section 
Sec. 4 July 1, 2024 New section 
Sec. 5 July 1, 2024 New section 
Sec. 6 July 1, 2024 New section 
Sec. 7 July 1, 2024 New section 
Sec. 8 July 1, 2024 New section 
Sec. 9 July 1, 2024 New section 
Sec. 10 July 1, 2024 New section 
Sec. 11 July 1, 2024 8-23(d) to (f) 
Sec. 12 July 1, 2024 8-23(i) 
Sec. 13 July 1, 2024 28-1(2) to (4) 
Sec. 14 July 1, 2024 25-68o 
Sec. 15 July 1, 2024 7-364 
Sec. 16 July 1, 2024 13a-175a(a) 
Sec. 17 July 1, 2024 New section 
Sec. 18 July 1, 2024 8-35a(a) and (b) 
Sec. 19 July 1, 2024 29-251 
Sec. 20 July 1, 2024 29-251c(c) 
Sec. 21 July 1, 2024 29-256a  Substitute Bill No. 11 
 
 
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Sec. 22 July 1, 2024 8-2(b) and (c) 
Sec. 23 July 1, 2024 8-2e 
Sec. 24 July 1, 2024 New section 
Sec. 25 July 1, 2024 16a-27 
Sec. 26 July 1, 2024 28-5(h) 
Sec. 27 July 1, 2024 7-131d 
Sec. 28 July 1, 2024 7-131e(b) and (c) 
Sec. 29 July 1, 2024 7-131g(a) 
Sec. 30 July 1, 2024 7-131e(a) 
Sec. 31 July 1, 2024 23-8b(a) 
Sec. 32 July 1, 2024 New section 
Sec. 33 July 1, 2024 New section 
Sec. 34 July 1, 2024 New section 
Sec. 35 from passage New section 
Sec. 36 July 1, 2024 Repealer section 
 
ENV Joint Favorable Subst.  
FIN Joint Favorable