Connecticut 2024 Regular Session

Connecticut Senate Bill SB00149 Compare Versions

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Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 149
	5	+	General Assembly Raised Bill No. 149
8	6		February Session, 2024
	7	+	LCO No. 52
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	9	+
	10	+	Referred to Committee on PLANNING AND DEVELOPMENT
	11	+
	12	+
	13	+	Introduced by:
	14	+	(PD)
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14	19		AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND OTHER
15	20		ENFORCEMENT ACTIONS FOR UNPAID SEWER ASSESSMENTS
16	21		AND OTHER FEES AND CHARGES.
17	22		Be it enacted by the Senate and House of Representatives in General
18	23		Assembly convened:
19	24
20	25		Section 1. Subsections (a) to (c), inclusive, of section 7-254 of the 1
21	26		general statutes are repealed and the following is substituted in lieu 2
22	27		thereof (Effective October 1, 2024, and applicable to actions filed on or after 3
23	28		October 1, 2024): 4
24	29		(a) Any assessment of benefits or any installment thereof, not paid 5
25	30		within thirty days after the due date, shall be delinquent and shall be 6
26	31		subject to interest from such due date at the interest rate and in the 7
27	32		manner provided by the general statutes for delinquent property taxes. 8
28	33		Each addition of interest shall be collectible as a part of such assessment. 9
29	34		(b) (1) Whenever any installment of an assessment becomes 10
30	35		delinquent, the interest on such delinquent installment shall be as 11
31	36		provided in subsection (a) of this section or five dollars, whichever is 12
32	37		greater. Any unpaid assessment and any interest due thereon shall 13
33		-	constitute a lien upon the real estate against which the assessment was 14
	38	+	constitute a lien upon the real estate against which the assessment was 14 Raised Bill No. 149
	39	+
	40	+
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34	44		levied from the date of such levy. Each such lien may be continued, 15
35	45		recorded and released in the manner provided by the general statutes 16
36		-	for continuing, recording and releasing property tax liens. Each such 17 Substitute Bill No. 149
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	46	+	for continuing, recording and releasing property tax liens. Each such 17
43	47		lien shall take precedence over all other liens and encumbrances except 18
44	48		taxes and may be enforced, in accordance with subdivision (2) of this 19
45	49		subsection, in the same manner as property tax liens. The tax collector 20
46	50		of the municipality may collect such assessments in accordance with any 21
47	51		mandatory provision of the general statutes for the collection of 22
48	52		property taxes and the municipality may recover any such assessment 23
49	53		in a civil action against any person liable therefor. 24
50	54		(2) In the case of one or more liens for any unpaid assessment and 25
51	55		any interest due thereon, as described in subdivision (1) of this 26
52	56		subsection, upon any owner-occupied real estate, no such lien or liens 27
53	57		may be enforced unless the principal for all such liens upon such owner-28
54		-	occupied real estate exceeds four thousand dollars or five years have 29
55		-	elapsed from the date any such lien was filed and such lien remains 30
56		-	unpaid. 31
57		-	(c) [Any] (1) Except as provided in subdivision (2) of this subsection, 32
58		-	any municipality, by resolution of its legislative body, may assign, for 33
59		-	consideration, any and all liens filed by the tax collector to secure unpaid 34
60		-	sewer assessments as provided under the provisions of this chapter. The 35
61		-	consideration received by the municipality shall be negotiated between 36
62		-	the municipality and the assignee. 37
63		-	(2) In the case of one or more liens filed by the tax collector to secure 38
64		-	unpaid assessments, as described in subdivision (1) of this subsection, 39
65		-	upon any owner-occupied real estate, no such lien or liens may be 40
66		-	assigned unless the principal for all such liens upon such owner-41
67		-	occupied real estate exceeds four thousand dollars or five years have 42
68		-	elapsed from the date any such lien was filed and such lien remains 43
69		-	unpaid. 44
70		-	Sec. 2. Subsections (a) and (b) of section 7-258 of the general statutes 45
71		-	are repealed and the following is substituted in lieu thereof (Effective 46
72		-	October 1, 2024, and applicable to actions filed on or after October 1, 2024): 47
73		-	(a) (1) Any charge for connection with or for the use of a sewerage 48 Substitute Bill No. 149
	58	+	occupied real estate exceeds four thousand dollars. 29
	59	+	(c) [Any] (1) Except as provided in subdivision (2) of this subsection, 30
	60	+	any municipality, by resolution of its legislative body, may assign, for 31
	61	+	consideration, any and all liens filed by the tax collector to secure unpaid 32
	62	+	sewer assessments as provided under the provisions of this chapter. The 33
	63	+	consideration received by the municipality shall be negotiated between 34
	64	+	the municipality and the assignee. 35
	65	+	(2) In the case of one or more liens filed by the tax collector to secure 36
	66	+	unpaid assessments, as described in subdivision (1) of this subsection, 37
	67	+	upon any owner-occupied real estate, no such lien or liens may be 38
	68	+	assigned unless the principal for all such liens upon such owner-39
	69	+	occupied real estate exceeds four thousand dollars. 40
	70	+	Sec. 2. Subsections (a) and (b) of section 7-258 of the general statutes 41
	71	+	are repealed and the following is substituted in lieu thereof (Effective 42
	72	+	October 1, 2024, and applicable to actions filed on or after October 1, 2024): 43
	73	+	(a) (1) Any charge for connection with or for the use of a sewerage 44
	74	+	system, not paid within thirty days of the due date, shall thereupon be 45
	75	+	delinquent and shall bear interest from the due date at the rate and in 46 Raised Bill No. 149
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80		-	system, not paid within thirty days of the due date, shall thereupon be 49
81		-	delinquent and shall bear interest from the due date at the rate and in 50
82		-	the manner provided by the general statutes for delinquent property 51
83		-	taxes. Each addition of interest shall be collectible as a part of such 52
84		-	connection or use charge. Any such unpaid connection or use charge 53
85		-	shall constitute a lien upon the real estate against which such charge was 54
86		-	levied from the date it became delinquent. Each such lien may be 55
87		-	continued, recorded and released in the manner provided by the general 56
88		-	statutes for continuing, recording and releasing property tax liens. Each 57
89		-	such lien shall take precedence over all other liens and encumbrances 58
90		-	except taxes and may be foreclosed in the same manner as a lien for 59
91		-	property taxes in accordance with subdivision (2) of this subsection. The 60
92		-	municipality may by ordinance designate the tax collector or any other 61
93		-	person as collector of sewerage system connection and use charges and 62
94		-	such collector of sewerage system connection and use charges may 63
95		-	collect such charges in accordance with the provisions of the general 64
96		-	statutes for the collection of property taxes. The municipality may 65
97		-	recover any such charges in a civil action against any person liable 66
98		-	therefor. For the purpose of establishing or revising such connection or 67
99		-	use charges and for the purpose of collecting such charges any 68
100		-	municipality may enter into agreements with any water company or 69
101		-	municipal water department furnishing water in such municipality for 70
102		-	the purchase from such water company or municipal water department 71
103		-	of information or services and such agreement may designate such 72
104		-	water company or municipal water department as a billing or collecting 73
105		-	agent of the collector of sewerage system connection and use charges in 74
106		-	the municipality. Any water company or municipal water department 75
107		-	may enter into and fulfill any such agreements and may utilize for the 76
108		-	collection of such charges any of the methods utilized by it for the 77
109		-	collection of its water charges. 78
110		-	(2) In the case of one or more liens for any unpaid connection or use 79
111		-	charge, as described in subdivision (1) of this subsection, upon any 80
112		-	owner-occupied real estate, no such lien or liens may be foreclosed 81
113		-	unless the principal for all such liens upon such owner-occupied real 82 Substitute Bill No. 149
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	80	+
	81	+	the manner provided by the general statutes for delinquent property 47
	82	+	taxes. Each addition of interest shall be collectible as a part of such 48
	83	+	connection or use charge. Any such unpaid connection or use charge 49
	84	+	shall constitute a lien upon the real estate against which such charge was 50
	85	+	levied from the date it became delinquent. Each such lien may be 51
	86	+	continued, recorded and released in the manner provided by the general 52
	87	+	statutes for continuing, recording and releasing property tax liens. Each 53
	88	+	such lien shall take precedence over all other liens and encumbrances 54
	89	+	except taxes and may be foreclosed in the same manner as a lien for 55
	90	+	property taxes in accordance with subdivision (2) of this subsection. The 56
	91	+	municipality may by ordinance designate the tax collector or any other 57
	92	+	person as collector of sewerage system connection and use charges and 58
	93	+	such collector of sewerage system connection and use charges may 59
	94	+	collect such charges in accordance with the provisions of the general 60
	95	+	statutes for the collection of property taxes. The municipality may 61
	96	+	recover any such charges in a civil action against any person liable 62
	97	+	therefor. For the purpose of establishing or revising such connection or 63
	98	+	use charges and for the purpose of collecting such charges any 64
	99	+	municipality may enter into agreements with any water company or 65
	100	+	municipal water department furnishing water in such municipality for 66
	101	+	the purchase from such water company or municipal water department 67
	102	+	of information or services and such agreement may designate such 68
	103	+	water company or municipal water department as a billing or collecting 69
	104	+	agent of the collector of sewerage system connection and use charges in 70
	105	+	the municipality. Any water company or municipal water department 71
	106	+	may enter into and fulfill any such agreements and may utilize for the 72
	107	+	collection of such charges any of the methods utilized by it for the 73
	108	+	collection of its water charges. 74
	109	+	(2) In the case of one or more liens for any unpaid connection or use 75
	110	+	charge, as described in subdivision (1) of this subsection, upon any 76
	111	+	owner-occupied real estate, no such lien or liens may be foreclosed 77
	112	+	unless the principal for all such liens upon such owner-occupied real 78
	113	+	estate exceeds four thousand dollars. 79
	114	+	(b) [Any] (1) Except as provided in subdivision (2) of this subsection, 80 Raised Bill No. 149
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120		-	estate exceeds four thousand dollars or five years have elapsed from the 83
121		-	date any such lien was filed and such lien remains unpaid. 84
122		-	(b) [Any] (1) Except as provided in subdivision (2) of this subsection, 85
123		-	any municipality, by resolution of its legislative body, may assign, for 86
124		-	consideration, any and all liens filed by the tax collector or collector of 87
125		-	sewerage system connection and use charges to secure unpaid sewerage 88
126		-	connection and use charges as provided under the provisions of this 89
127		-	chapter. The consideration received by the municipality shall be 90
128		-	negotiated between the municipality and the assignee. 91
129		-	(2) In the case of one or more liens filed by the tax collector or collector 92
130		-	of sewerage system connection and use charges to secure unpaid 93
131		-	sewerage connection and use charges, as described in subdivision (1) of 94
132		-	this subsection, upon any owner-occupied real estate, no such lien or 95
133		-	liens may be assigned unless the principal for all such liens upon such 96
134		-	owner-occupied real estate exceeds four thousand dollars or five years 97
135		-	have elapsed from the date any such lien was filed and such lien remains 98
136		-	unpaid. 99
137		-	Sec. 3. Section 22a-506 of the general statutes is repealed and the 100
138		-	following is substituted in lieu thereof (Effective October 1, 2024, and 101
139		-	applicable to actions filed on or after October 1, 2024): 102
140		-	(a) An authority may (1) levy and collect benefit assessments upon 103
141		-	the lands and buildings within its jurisdiction that, in its judgment, are 104
142		-	especially benefited by a wastewater system; (2) establish, revise and 105
143		-	collect rates, fees, charges, penalties and assessments for the use and 106
144		-	benefits of a wastewater system; and (3) order the owner of any building 107
145		-	which is accessible to a wastewater system to connect to such system, all 108
146		-	in the manner provided in sections 7-249 to 7-257, inclusive, and sections 109
147		-	22a-416 to 22a-599, inclusive. 110
148		-	(b) (1) Any assessment of benefits, including any installment thereof, 111
149		-	and any charge, fee, fine or other amount that is not paid within thirty 112
150		-	days after the due date shall be delinquent, shall be subject to interest 113 Substitute Bill No. 149
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	119	+
	120	+	any municipality, by resolution of its legislative body, may assign, for 81
	121	+	consideration, any and all liens filed by the tax collector or collector of 82
	122	+	sewerage system connection and use charges to secure unpaid sewerage 83
	123	+	connection and use charges as provided under the provisions of this 84
	124	+	chapter. The consideration received by the municipality shall be 85
	125	+	negotiated between the municipality and the assignee. 86
	126	+	(2) In the case of one or more liens filed by the tax collector or collector 87
	127	+	of sewerage system connection and use charges to secure unpaid 88
	128	+	sewerage connection and use charges, as described in subdivision (1) of 89
	129	+	this subsection, upon any owner-occupied real estate, no such lien or 90
	130	+	liens may be assigned unless the principal for all such liens upon such 91
	131	+	owner-occupied real estate exceeds four thousand dollars. 92
	132	+	Sec. 3. Section 22a-506 of the general statutes is repealed and the 93
	133	+	following is substituted in lieu thereof (Effective October 1, 2024, and 94
	134	+	applicable to actions filed on or after October 1, 2024): 95
	135	+	(a) An authority may (1) levy and collect benefit assessments upon 96
	136	+	the lands and buildings within its jurisdiction that, in its judgment, are 97
	137	+	especially benefited by a wastewater system; (2) establish, revise and 98
	138	+	collect rates, fees, charges, penalties and assessments for the use and 99
	139	+	benefits of a wastewater system; and (3) order the owner of any building 100
	140	+	which is accessible to a wastewater system to connect to such system, all 101
	141	+	in the manner provided in sections 7-249 to 7-257, inclusive, and sections 102
	142	+	22a-416 to 22a-599, inclusive. 103
	143	+	(b) (1) Any assessment of benefits, including any installment thereof, 104
	144	+	and any charge, fee, fine or other amount that is not paid within thirty 105
	145	+	days after the due date shall be delinquent, shall be subject to interest 106
	146	+	and shall constitute a lien upon the premises served and a charge upon 107
	147	+	the owner thereof all in the manner provided both by the provisions of 108
	148	+	the general statutes for delinquent property taxes and by section 7-258, 109
	149	+	as amended by this act. The rules and regulations of the authority may 110
	150	+	provide for the discontinuance of water pollution control service for 111
	151	+	nonpayment of taxes, special assessments, fees, rates, penalties or other 112 Raised Bill No. 149
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157		-	and shall constitute a lien upon the premises served and a charge upon 114
158		-	the owner thereof all in the manner provided both by the provisions of 115
159		-	the general statutes for delinquent property taxes and by section 7-258, 116
160		-	as amended by this act. The rules and regulations of the authority may 117
161		-	provide for the discontinuance of water pollution control service for 118
162		-	nonpayment of taxes, special assessments, fees, rates, penalties or other 119
163		-	charges therefor imposed under sections 22a-500 to 22a-519, inclusive. 120
164		-	Such lien shall take precedence over all other liens or encumbrances 121
165		-	except taxes and may be foreclosed against the lot or building served, in 122
166		-	accordance with subdivision (2) of this subsection, in the same manner 123
167		-	as a lien for taxes, provided all such liens shall continue until such time 124
168		-	as they shall be discharged or foreclosed by the authority without the 125
169		-	necessity of filing certificates of continuation, but in no event for longer 126
170		-	than ten years. The authority may institute a civil action against such 127
171		-	owner to recover the amount of any such fee or charge which remains 128
172		-	due and unpaid for thirty days along with interest thereon at the same 129
173		-	rate as unpaid taxes and with reasonable attorneys' fees, provided no 130
174		-	such civil action to recover such amount may be instituted against the 131
175		-	owner of an owner-occupied premises unless the principal for such 132
176		-	amount exceeds four thousand dollars or five years have elapsed from 133
177		-	the date any such lien was filed and such lien remains unpaid. 134
178		-	(2) In the case of one or more liens for any assessment of benefits and 135
179		-	any charge, fee, fine or other amount that is not paid within thirty days 136
180		-	after the due date, as described in subdivision (1) of this subsection, 137
181		-	upon any owner-occupied premises served, no such lien or liens may be 138
182		-	foreclosed unless the principal for all such liens upon such owner-139
183		-	occupied premises served exceeds four thousand dollars or five years 140
184		-	have elapsed from the date any such lien was filed and such lien remains 141
185		-	unpaid. 142
186		-	Sec. 4. Subsection (a) of section 49-92o of the general statutes is 143
187		-	repealed and the following is substituted in lieu thereof (Effective October 144
188		-	1, 2024, and applicable to actions filed on or after October 1, 2024): 145
189		-	(a) [Any] (1) Except as provided in subdivision (2) of this subsection, 146 Substitute Bill No. 149
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	156	+
	157	+	charges therefor imposed under sections 22a-500 to 22a-519, inclusive. 113
	158	+	Such lien shall take precedence over all other liens or encumbrances 114
	159	+	except taxes and may be foreclosed against the lot or building served, in 115
	160	+	accordance with subdivision (2) of this subsection, in the same manner 116
	161	+	as a lien for taxes, provided all such liens shall continue until such time 117
	162	+	as they shall be discharged or foreclosed by the authority without the 118
	163	+	necessity of filing certificates of continuation, but in no event for longer 119
	164	+	than ten years. The authority may institute a civil action against such 120
	165	+	owner to recover the amount of any such fee or charge which remains 121
	166	+	due and unpaid for thirty days along with interest thereon at the same 122
	167	+	rate as unpaid taxes and with reasonable attorneys' fees, provided no 123
	168	+	such civil action to recover such amount may be instituted against the 124
	169	+	owner of an owner-occupied premises unless the principal for such 125
	170	+	amount exceeds four thousand dollars. 126
	171	+	(2) In the case of one or more liens for any assessment of benefits and 127
	172	+	any charge, fee, fine or other amount that is not paid within thirty days 128
	173	+	after the due date, as described in subdivision (1) of this subsection, 129
	174	+	upon any owner-occupied premises served, no such lien or liens may be 130
	175	+	foreclosed unless the principal for all such liens upon such owner-131
	176	+	occupied premises served exceeds four thousand dollars. 132
	177	+	Sec. 4. Subsection (a) of section 49-92o of the general statutes is 133
	178	+	repealed and the following is substituted in lieu thereof (Effective October 134
	179	+	1, 2024, and applicable to actions filed on or after October 1, 2024): 135
	180	+	(a) [Any] (1) Except as provided in subdivision (2) of this subsection, 136
	181	+	any regional sewer authority established under an act of the General 137
	182	+	Assembly, may assign, for consideration, any and all liens filed by such 138
	183	+	regional sewer authority to secure unpaid sewer assessments or 139
	184	+	connection or use charges of the authority. The consideration received 140
	185	+	by the authority shall be negotiated between the authority and the 141
	186	+	assignee. 142
	187	+	(2) In the case of one or more liens filed by a regional sewer authority 143
	188	+	to secure unpaid sewer assessment or connection or use charges of the 144 Raised Bill No. 149
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196		-	any regional sewer authority established under an act of the General 147
197		-	Assembly, may assign, for consideration, any and all liens filed by such 148
198		-	regional sewer authority to secure unpaid sewer assessments or 149
199		-	connection or use charges of the authority. The consideration received 150
200		-	by the authority shall be negotiated between the authority and the 151
201		-	assignee. 152
202		-	(2) In the case of one or more liens filed by a regional sewer authority 153
203		-	to secure unpaid sewer assessment or connection or use charges of the 154
204		-	authority, as described in subdivision (1) of this subsection, upon any 155
205		-	owner-occupied real estate, no such lien or liens may be assigned unless 156
206		-	the principal for all such liens upon such owner-occupied real estate 157
207		-	exceeds four thousand dollars or five years have elapsed from the date 158
208		-	any such lien was filed and such lien remains unpaid. 159
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	193	+
	194	+	authority, as described in subdivision (1) of this subsection, upon any 145
	195	+	owner-occupied real estate, no such lien or liens may be assigned unless 146
	196	+	the principal for all such liens upon such owner-occupied real estate 147
	197	+	exceeds four thousand dollars. 148
209	198		This act shall take effect as follows and shall amend the following
210	199		sections:
211	200
212	201		Section 1 October 1, 2024, and
213	202		applicable to actions filed
214	203		on or after October 1, 2024
215	204		7-254(a) to (c)
216	205		Sec. 2 October 1, 2024, and
217	206		applicable to actions filed
218	207		on or after October 1, 2024
219	208		7-258(a) and (b)
220	209		Sec. 3 October 1, 2024, and
221	210		applicable to actions filed
222	211		on or after October 1, 2024
223	212		22a-506
224	213		Sec. 4 October 1, 2024, and
225	214		applicable to actions filed
226	215		on or after October 1, 2024
227	216		49-92o(a)
228	217
229		-	PD Joint Favorable Subst.
	218	+	Statement of Purpose:
	219	+	To prohibit foreclosure, assignment and other enforcement actions for
	220	+	unpaid sewer assessment and other fees and charges in the case of
	221	+	owner-occupied real property for which the principal of such unpaid
	222	+	assessments, fees and charges is less than four thousand dollars.
	223	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	224	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	225	+	underlined.]
230	226