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General Assembly Raised Bill No. 149
February Session, 2024
LCO No. 52
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND OTHER
ENFORCEMENT ACTIONS FOR UNPAID SEWER ASSESSMENTS
AND OTHER FEES AND CHARGES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (a) to (c), inclusive, of section 7-254 of the 1
general statutes are repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2024, and applicable to actions filed on or after 3
October 1, 2024): 4
(a) Any assessment of benefits or any installment thereof, not paid 5
within thirty days after the due date, shall be delinquent and shall be 6
subject to interest from such due date at the interest rate and in the 7
manner provided by the general statutes for delinquent property taxes. 8
Each addition of interest shall be collectible as a part of such assessment. 9
(b) (1) Whenever any installment of an assessment becomes 10
delinquent, the interest on such delinquent installment shall be as 11
provided in subsection (a) of this section or five dollars, whichever is 12
greater. Any unpaid assessment and any interest due thereon shall 13
constitute a lien upon the real estate against which the assessment was 14 Raised Bill No. 149
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levied from the date of such levy. Each such lien may be continued, 15
recorded and released in the manner provided by the general statutes 16
for continuing, recording and releasing property tax liens. Each such 17
lien shall take precedence over all other liens and encumbrances except 18
taxes and may be enforced, in accordance with subdivision (2) of this 19
subsection, in the same manner as property tax liens. The tax collector 20
of the municipality may collect such assessments in accordance with any 21
mandatory provision of the general statutes for the collection of 22
property taxes and the municipality may recover any such assessment 23
in a civil action against any person liable therefor. 24
(2) In the case of one or more liens for any unpaid assessment and 25
any interest due thereon, as described in subdivision (1) of this 26
subsection, upon any owner-occupied real estate, no such lien or liens 27
may be enforced unless the principal for all such liens upon such owner-28
occupied real estate exceeds four thousand dollars. 29
(c) [Any] (1) Except as provided in subdivision (2) of this subsection, 30
any municipality, by resolution of its legislative body, may assign, for 31
consideration, any and all liens filed by the tax collector to secure unpaid 32
sewer assessments as provided under the provisions of this chapter. The 33
consideration received by the municipality shall be negotiated between 34
the municipality and the assignee. 35
(2) In the case of one or more liens filed by the tax collector to secure 36
unpaid assessments, as described in subdivision (1) of this subsection, 37
upon any owner-occupied real estate, no such lien or liens may be 38
assigned unless the principal for all such liens upon such owner-39
occupied real estate exceeds four thousand dollars. 40
Sec. 2. Subsections (a) and (b) of section 7-258 of the general statutes 41
are repealed and the following is substituted in lieu thereof (Effective 42
October 1, 2024, and applicable to actions filed on or after October 1, 2024): 43
(a) (1) Any charge for connection with or for the use of a sewerage 44
system, not paid within thirty days of the due date, shall thereupon be 45
delinquent and shall bear interest from the due date at the rate and in 46 Raised Bill No. 149
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the manner provided by the general statutes for delinquent property 47
taxes. Each addition of interest shall be collectible as a part of such 48
connection or use charge. Any such unpaid connection or use charge 49
shall constitute a lien upon the real estate against which such charge was 50
levied from the date it became delinquent. Each such lien may be 51
continued, recorded and released in the manner provided by the general 52
statutes for continuing, recording and releasing property tax liens. Each 53
such lien shall take precedence over all other liens and encumbrances 54
except taxes and may be foreclosed in the same manner as a lien for 55
property taxes in accordance with subdivision (2) of this subsection. The 56
municipality may by ordinance designate the tax collector or any other 57
person as collector of sewerage system connection and use charges and 58
such collector of sewerage system connection and use charges may 59
collect such charges in accordance with the provisions of the general 60
statutes for the collection of property taxes. The municipality may 61
recover any such charges in a civil action against any person liable 62
therefor. For the purpose of establishing or revising such connection or 63
use charges and for the purpose of collecting such charges any 64
municipality may enter into agreements with any water company or 65
municipal water department furnishing water in such municipality for 66
the purchase from such water company or municipal water department 67
of information or services and such agreement may designate such 68
water company or municipal water department as a billing or collecting 69
agent of the collector of sewerage system connection and use charges in 70
the municipality. Any water company or municipal water department 71
may enter into and fulfill any such agreements and may utilize for the 72
collection of such charges any of the methods utilized by it for the 73
collection of its water charges. 74
(2) In the case of one or more liens for any unpaid connection or use 75
charge, as described in subdivision (1) of this subsection, upon any 76
owner-occupied real estate, no such lien or liens may be foreclosed 77
unless the principal for all such liens upon such owner-occupied real 78
estate exceeds four thousand dollars. 79
(b) [Any] (1) Except as provided in subdivision (2) of this subsection, 80 Raised Bill No. 149
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any municipality, by resolution of its legislative body, may assign, for 81
consideration, any and all liens filed by the tax collector or collector of 82
sewerage system connection and use charges to secure unpaid sewerage 83
connection and use charges as provided under the provisions of this 84
chapter. The consideration received by the municipality shall be 85
negotiated between the municipality and the assignee. 86
(2) In the case of one or more liens filed by the tax collector or collector 87
of sewerage system connection and use charges to secure unpaid 88
sewerage connection and use charges, as described in subdivision (1) of 89
this subsection, upon any owner-occupied real estate, no such lien or 90
liens may be assigned unless the principal for all such liens upon such 91
owner-occupied real estate exceeds four thousand dollars. 92
Sec. 3. Section 22a-506 of the general statutes is repealed and the 93
following is substituted in lieu thereof (Effective October 1, 2024, and 94
applicable to actions filed on or after October 1, 2024): 95
(a) An authority may (1) levy and collect benefit assessments upon 96
the lands and buildings within its jurisdiction that, in its judgment, are 97
especially benefited by a wastewater system; (2) establish, revise and 98
collect rates, fees, charges, penalties and assessments for the use and 99
benefits of a wastewater system; and (3) order the owner of any building 100
which is accessible to a wastewater system to connect to such system, all 101
in the manner provided in sections 7-249 to 7-257, inclusive, and sections 102
22a-416 to 22a-599, inclusive. 103
(b) (1) Any assessment of benefits, including any installment thereof, 104
and any charge, fee, fine or other amount that is not paid within thirty 105
days after the due date shall be delinquent, shall be subject to interest 106
and shall constitute a lien upon the premises served and a charge upon 107
the owner thereof all in the manner provided both by the provisions of 108
the general statutes for delinquent property taxes and by section 7-258, 109
as amended by this act. The rules and regulations of the authority may 110
provide for the discontinuance of water pollution control service for 111
nonpayment of taxes, special assessments, fees, rates, penalties or other 112 Raised Bill No. 149
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charges therefor imposed under sections 22a-500 to 22a-519, inclusive. 113
Such lien shall take precedence over all other liens or encumbrances 114
except taxes and may be foreclosed against the lot or building served, in 115
accordance with subdivision (2) of this subsection, in the same manner 116
as a lien for taxes, provided all such liens shall continue until such time 117
as they shall be discharged or foreclosed by the authority without the 118
necessity of filing certificates of continuation, but in no event for longer 119
than ten years. The authority may institute a civil action against such 120
owner to recover the amount of any such fee or charge which remains 121
due and unpaid for thirty days along with interest thereon at the same 122
rate as unpaid taxes and with reasonable attorneys' fees, provided no 123
such civil action to recover such amount may be instituted against the 124
owner of an owner-occupied premises unless the principal for such 125
amount exceeds four thousand dollars. 126
(2) In the case of one or more liens for any assessment of benefits and 127
any charge, fee, fine or other amount that is not paid within thirty days 128
after the due date, as described in subdivision (1) of this subsection, 129
upon any owner-occupied premises served, no such lien or liens may be 130
foreclosed unless the principal for all such liens upon such owner-131
occupied premises served exceeds four thousand dollars. 132
Sec. 4. Subsection (a) of section 49-92o of the general statutes is 133
repealed and the following is substituted in lieu thereof (Effective October 134
1, 2024, and applicable to actions filed on or after October 1, 2024): 135
(a) [Any] (1) Except as provided in subdivision (2) of this subsection, 136
any regional sewer authority established under an act of the General 137
Assembly, may assign, for consideration, any and all liens filed by such 138
regional sewer authority to secure unpaid sewer assessments or 139
connection or use charges of the authority. The consideration received 140
by the authority shall be negotiated between the authority and the 141
assignee. 142
(2) In the case of one or more liens filed by a regional sewer authority 143
to secure unpaid sewer assessment or connection or use charges of the 144 Raised Bill No. 149
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authority, as described in subdivision (1) of this subsection, upon any 145
owner-occupied real estate, no such lien or liens may be assigned unless 146
the principal for all such liens upon such owner-occupied real estate 147
exceeds four thousand dollars. 148
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024, and
applicable to actions filed
on or after October 1, 2024
7-254(a) to (c)
Sec. 2 October 1, 2024, and
applicable to actions filed
on or after October 1, 2024
7-258(a) and (b)
Sec. 3 October 1, 2024, and
applicable to actions filed
on or after October 1, 2024
22a-506
Sec. 4 October 1, 2024, and
applicable to actions filed
on or after October 1, 2024
49-92o(a)
Statement of Purpose:
To prohibit foreclosure, assignment and other enforcement actions for
unpaid sewer assessment and other fees and charges in the case of
owner-occupied real property for which the principal of such unpaid
assessments, fees and charges is less than four thousand dollars.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]