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 Section 22a-19 of the general statutes is repealed and the 1 |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 |
---|
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 |
---|
| 75 | + | |
---|
| 76 | + | |
---|
| 77 | + | LCO No. 5358 3 of 3 |
---|
| 78 | + | |
---|