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General Assembly Committee Bill No. 6249
January Session, 2025
LCO No. 5358
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT LIMITING APPEALS UNDER THE CONNECTICUT
ENVIRONMENTAL PROTECTION ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-19 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2025): 2
(a) (1) In any administrative, licensing or other proceeding, and in 3
any judicial review thereof made available by law, except as provided 4
in subsection (c) of this section, the Attorney General, any political 5
subdivision of the state, any instrumentality or agency of the state or of 6
a political subdivision thereof, any person, partnership, corporation, 7
association, organization or other legal entity may intervene as a party 8
on the filing of a verified pleading asserting that the proceeding or 9
action for judicial review involves conduct which has, or which is 10
reasonably likely to have, the effect of unreasonably polluting, 11
impairing or destroying the public trust in the air, water or other natural 12
resources of the state. 13
(2) The verified pleading shall contain specific factual allegations 14
setting forth the nature of the alleged unreasonable pollution, 15
Committee Bill No. 6249
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impairment or destruction of the public trust in air, water or other 16
natural resources of the state and should be sufficient to allow the 17
reviewing authority to determine from the verified pleading whether 18
the intervention implicates an issue within the reviewing authority's 19
jurisdiction. For purposes of this section, "reviewing authority" means 20
the board, commission or other decision-making authority in any 21
administrative, licensing or other proceeding or the court in any judicial 22
review. 23
(b) In any administrative, licensing or other proceeding, the agency 24
shall consider the alleged unreasonable pollution, impairment or 25
destruction of the public trust in the air, water or other natural resources 26
of the state and no conduct shall be authorized or approved which does, 27
or is reasonably likely to, have such effect as long as, considering all 28
relevant surrounding circumstances and factors, there is a feasible and 29
prudent alternative consistent with the reasonable requirements of the 30
public health, safety and welfare. 31
(c) (1) For the purposes of this subsection, (A) "residential building 32
permit application" means any building permit application submitted 33
in connection with the proposed construction or renovation of a 34
structure that contains one or more dwelling units, and (B) "dwelling 35
unit" has the same meaning as provided in section 47a-1. 36
(2) No person, partnership, corporation, association, organization or 37
other legal entity may intervene as a party on the filing of a verified 38
pleading in any administrative proceeding, or in any judicial review 39
thereof pursuant to this section, if such proceeding or review concerns 40
a residential building permit application unless such person, 41
partnership, corporation, association, organization or other legal entity 42
(A) owns or rents real property that abuts or is within a radius of one 43
hundred feet of any portion of the land subject to such permit 44
application, or (B) is a nonprofit organization. 45
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 22a-19
Statement of Purpose:
To limit who can take an appeal under CEPA for certain residential
building permits.
[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.]
Co-Sponsors: REP. ROJAS, 9th Dist.
H.B. 6249