Researcher: RP Page 1 3/18/24
OLR Bill Analysis
sSB 149
AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND
OTHER ENFORCEMENT ACTIONS FOR UNPAID SEWER
ASSESSMENTS AND OTHER FEES AND CHARGES.
SUMMARY
This bill limits the enforcement and assignment of liens for
delinquent sewer assessments and charges on owner-occupied real
estate by municipal and regional sewer or water pollution control
authorities (WPCA). It does so by prohibiting the following actions on
these properties unless a lien’s principal amount exceeds $4,000 or five
years have passed since the lien was filed and it remains unpaid:
1. municipal WPCAs enforcing liens for delinquent sewer
assessments (e.g., by foreclosing the liens or selling the property
at a tax sale) (§ 1);
2. municipal WPCAs foreclosing liens for delinquent connection or
use charges (§ 2);
3. regional WPCAs foreclosing liens for delinquent assessments
and connection and use charges or taking a civil action to recover
the delinquent amounts (§ 3); and
4. municipal WPCAs and regional sewer authorities assigning liens
for delinquent assessments or use charges (§§ 1-2 & 4).
For the regional entities, the principal amount of the liens for
delinquent assessments and charges must be combined to determine
whether they exceed the $4,000 threshold. For the municipal WPCAs,
the threshold is calculated separately for assessments and charges.
By law, unchanged by the bill, the statute of limitations for sewer
liens (like property tax liens) is generally 15 years (CGS § 12-175). 2024SB-00149-R000039-BA.DOCX
Researcher: RP Page 2 3/18/24
EFFECTIVE DATE: October 1, 2024, and applicable to actions filed on
or after that date.
BACKGROUND
Sewer Fees
There are generally three types of sewer fees: benefit assessments,
user charges, and connection charges. Benefit assessments are meant to
cover the capital costs incurred in building sanitary sewer lines and
treatment plans. They are based on the benefits, or anticipated benefits,
a property owner receives or will receive from the system. User charges
are paid by sewer line users and are designed to recoup the costs of
operating and maintaining the system. Connection charges apply when
a property owner ties his or her property to a sewer line.
Related Bill
HB 5144, favorably reported by the Banking Committee, reduces,
from 18% to 12%, the annual interest rate on delinquent property taxes
(and certain other assessments, including sewer assessments and
charges) when the lien is assigned to a third party, among other changes.
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable Substitute
Yea 12 Nay 8 (03/01/2024)