Connecticut 2025 Regular Session

Connecticut House Bill HB06249 Compare Versions

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5-General Assembly Substitute Bill No. 6249
4+LCO No. 5358 1 of 3
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6+General Assembly Committee Bill No. 6249
67 January Session, 2025
8+LCO No. 5358
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11+Referred to Committee on ENVIRONMENT
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14+Introduced by:
15+(ENV)
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1219 AN ACT LIMITING APPEALS UNDER THE CONNECTICUT
1320 ENVIRONMENTAL PROTECTION ACT.
1421 Be it enacted by the Senate and House of Representatives in General
1522 Assembly convened:
1623
17-Section 1. Section 22a-19 of the general statutes is amended by adding 1
18-subsection (c) as follows (Effective October 1, 2025): 2
19-(NEW) (c) In any judicial review of any administrative, licensing or 3
20-other proceeding for a residential building permit application, at the 4
21-request of any party to such judicial review, not more than thirty days 5
22-after the filing of such a request, the court shall hold an expedited 6
23-hearing at which any and all parties intervening pursuant to this section 7
24-shall make a prima facie showing that the unreasonable pollution 8
25-alleged pursuant to subsection (a) of this section is reasonably likely to 9
26-occur. The court shall determine whether the intervenor has made a 10
27-prima facie showing as soon as is practicable. If the intervenor cannot 11
28-make a prima facie showing that the conduct that is the subject of 12
29-judicial review has, or is reasonably likely to have, the effect of 13
30-unreasonably polluting, impairing or destroying the public trust in the 14
31-air, water or other natural resources of the state, such matter shall be 15
32-subject to dismissal. For the purposes of this subsection, (1) "residential 16
33-building permit application" means any building permit application 17
34-submitted in connection with the proposed construction or renovation 18
35-of a structure that contains one or more dwelling units, and (2) "dwelling 19 Substitute Bill No. 6249
24+Section 1. Section 22a-19 of the general statutes is repealed and the 1
25+following is substituted in lieu thereof (Effective October 1, 2025): 2
26+(a) (1) In any administrative, licensing or other proceeding, and in 3
27+any judicial review thereof made available by law, except as provided 4
28+in subsection (c) of this section, the Attorney General, any political 5
29+subdivision of the state, any instrumentality or agency of the state or of 6
30+a political subdivision thereof, any person, partnership, corporation, 7
31+association, organization or other legal entity may intervene as a party 8
32+on the filing of a verified pleading asserting that the proceeding or 9
33+action for judicial review involves conduct which has, or which is 10
34+reasonably likely to have, the effect of unreasonably polluting, 11
35+impairing or destroying the public trust in the air, water or other natural 12
36+resources of the state. 13
37+(2) The verified pleading shall contain specific factual allegations 14
38+setting forth the nature of the alleged unreasonable pollution, 15
39+Committee Bill No. 6249
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40-unit" has the same meaning as provided in section 47a-1. 20
44+impairment or destruction of the public trust in air, water or other 16
45+natural resources of the state and should be sufficient to allow the 17
46+reviewing authority to determine from the verified pleading whether 18
47+the intervention implicates an issue within the reviewing authority's 19
48+jurisdiction. For purposes of this section, "reviewing authority" means 20
49+the board, commission or other decision-making authority in any 21
50+administrative, licensing or other proceeding or the court in any judicial 22
51+review. 23
52+(b) In any administrative, licensing or other proceeding, the agency 24
53+shall consider the alleged unreasonable pollution, impairment or 25
54+destruction of the public trust in the air, water or other natural resources 26
55+of the state and no conduct shall be authorized or approved which does, 27
56+or is reasonably likely to, have such effect as long as, considering all 28
57+relevant surrounding circumstances and factors, there is a feasible and 29
58+prudent alternative consistent with the reasonable requirements of the 30
59+public health, safety and welfare. 31
60+(c) (1) For the purposes of this subsection, (A) "residential building 32
61+permit application" means any building permit application submitted 33
62+in connection with the proposed construction or renovation of a 34
63+structure that contains one or more dwelling units, and (B) "dwelling 35
64+unit" has the same meaning as provided in section 47a-1. 36
65+(2) No person, partnership, corporation, association, organization or 37
66+other legal entity may intervene as a party on the filing of a verified 38
67+pleading in any administrative proceeding, or in any judicial review 39
68+thereof pursuant to this section, if such proceeding or review concerns 40
69+a residential building permit application unless such person, 41
70+partnership, corporation, association, organization or other legal entity 42
71+(A) owns or rents real property that abuts or is within a radius of one 43
72+hundred feet of any portion of the land subject to such permit 44
73+application, or (B) is a nonprofit organization. 45
74+Committee Bill No. 6249
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4179 This act shall take effect as follows and shall amend the following
4280 sections:
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44-Section 1 October 1, 2025 22a-19(c)
82+Section 1 October 1, 2025 22a-19
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46-ENV Joint Favorable Subst.
84+Statement of Purpose:
85+To limit who can take an appeal under CEPA for certain residential
86+building permits.
87+
88+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
89+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
90+underlined.]
91+
92+Co-Sponsors: REP. ROJAS, 9th Dist.
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94+H.B. 6249
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