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General Assembly Substitute Bill No. 9
January Session, 2025
AN ACT CONCERNING THE ENVIRONMENT, CLIMATE AND
SUSTAINABLE MUNICIPAL AND STATE PLANNING, AND THE USE
OF NEONICOTINOIDS AND SECOND-GENERATION
ANTICOAGULANT RODENTICIDES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2026) (a) At the time an individual 1
applies for personal risk insurance, as defined in section 38a-663 of the 2
general statutes, excluding private passenger nonfleet automobile 3
insurance, an insurance producer or surplus lines broker shall disclose 4
to the individual the availability of flood insurance coverage. Such 5
disclosure shall be in writing and provide an explanation of the option 6
to purchase flood insurance through the National Flood Insurance 7
Program established by the National Flood Insurance Act of 1968 or 8
insurers that provide private flood coverage. The producer or surplus 9
lines broker shall obtain a written acknowledgment from the individual 10
of receipt of such flood insurance disclosure and whether the individual 11
declined to purchase flood insurance for the subject property. 12
(b) Each insurance company that delivers, issues for delivery or 13
renews a personal risk insurance policy, as defined in section 38a-663 of 14
the general statutes, excluding private passenger nonfleet automobile 15
insurance, shall include on the declarations page of such policy the 16
following notice, printed in capital letters and boldface type: 17 Substitute Bill No. 9
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NOTICE: 18
FLOOD COVERAGE IS NOT PROVIDED UNDER THIS 19
INSURANCE POLICY 20
Sec. 2. (NEW) (Effective July 1, 2026) (a) Not later than the date of 21
closing in a mortgage loan transaction, each creditor, as defined in 22
section 49-6a of the general statutes, shall notify the mortgage loan 23
applicant, in writing, that: (1) Standard homeowners insurance policies 24
do not cover flood damage and related losses; (2) flood damage to 25
property may occur regardless of whether the real property is located in 26
a designated flood zone; and (3) the applicant may wish to consult a 27
licensed insurance producer or surplus lines broker concerning the 28
availability and benefits of obtaining flood insurance. 29
(b) The notice required by subsection (a) of this section shall be 30
written in plain language and signed and dated by the mortgage loan 31
applicant to acknowledge receipt of such notice. Each creditor shall keep 32
and maintain a copy of such notice with the mortgage loan applicant's 33
mortgage records. 34
Sec. 3. (NEW) (Effective July 1, 2025) (a) Each person required to 35
provide a written residential condition report in accordance with section 36
20-327b of the general statutes shall concomitantly complete and 37
provide to the prospective purchaser a flood disclosure notice, as 38
prescribed by the Commissioner of Consumer Protection in accordance 39
with the provisions of subsection (b) of this section. Such flood 40
disclosure notice required by this section shall be provided for 41
transactions occurring on or after July 1, 2026. 42
(b) On or before June 15, 2026, the Commissioner of Consumer 43
Protection, in consultation with the Department of Energy and 44
Environmental Protection, the Insurance Department, the Department 45
of Housing, industry representatives and housing advocacy 46
organizations, shall develop a flood disclosure notice, to be prepared in 47
a format prescribed by the commissioner. Such notice shall include, but 48
need not be limited to, the following: (1) Whether the property is located 49 Substitute Bill No. 9
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in a Federal Emergency Management Agency designated floodplain; (2) 50
whether the property is located in whole or in part in the Special Flood 51
Hazard Area according to the Federal Emergency Management 52
Agency's current flood insurance rate maps for the area; (3) whether the 53
property is located in whole or in part in a moderate risk flood hazard 54
area; (4) whether the property is subject to any requirement under 55
federal law to obtain and maintain flood insurance on the property; (5) 56
whether the seller has received assistance, or is aware of any previous 57
owners receiving assistance, from the Federal Emergency Management 58
Agency, the United States Small Business Administration or any other 59
federal or state disaster assistance for flood damage to the property; (6) 60
whether there is flood insurance on the property; (7) whether there is a 61
Federal Emergency Management Agency elevation certificate available; 62
(8) whether the seller has ever filed a claim for flood damage to the 63
property with any insurance provider, including the National Flood 64
Insurance Program; (9) whether the structure has experienced any water 65
penetration or damage due to seepage or a natural flood event; and (10) 66
any other information required by the commissioner. 67
(c) Notwithstanding the provisions of subdivision (3) of subsection 68
(b) of section 20-327b of the general statutes, transfers of newly 69
constructed residential real property for which an implied warranty is 70
provided under chapter 827 of the general statutes shall be subject to the 71
provisions of this section. The seller shall provide the flood disclosure 72
notice required by this section at the time such seller would have 73
otherwise been required to provide the report described in section 20-74
327b of the general statutes had such exemption not existed. 75
Sec. 4. Section 20-327c of the general statutes is repealed and the 76
following is substituted in lieu thereof (Effective July 1, 2025): 77
(a) On or after [January 1, 1996] July 1, 2026, every agreement to 78
purchase residential real estate, for which a written residential condition 79
report is, or written residential condition reports are, required pursuant 80
to section 20-327b, or a flood disclosure notice is required pursuant to 81
section 3 of this act, shall include a requirement that the seller credit the 82 Substitute Bill No. 9
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purchaser with the sum of five hundred dollars at closing should the 83
seller fail to furnish the written residential condition report or reports as 84
required by sections 20-327b to 20-327e, inclusive, or the flood 85
disclosure report required by section 3 of this act. 86
(b) No seller who credits a purchaser pursuant to subsection (a) of 87
this section shall, by reason of such credit, be excused from disclosing to 88
the purchaser any defect in the residential real estate if such defect: 89
(1) Is subject to disclosure pursuant to section 20-327b or section 3 of 90
this act; 91
(2) Is within the seller's actual knowledge of such residential real 92
estate; and 93
(3) Significantly impairs (A) the value of such residential real estate, 94
(B) the health or safety of future occupants of such residential real estate, 95
or (C) the useful life of such residential real estate. 96
(c) A purchaser may, without limiting any other remedies available 97
to the purchaser, bring a civil action in the judicial district in which the 98
residential real estate is located to recover actual damages from a seller 99
who fails to disclose to such purchaser any defect described in 100
subsection (b) of this section. 101
Sec. 5. (NEW) (Effective July 1, 2025) (a) A landlord shall provide each 102
tenant that leases real property from the landlord with a flood disclosure 103
notice as prescribed by the Commissioner of Consumer Protection in 104
accordance with subsection (b) of this section. The notice required by 105
this section shall be provided for rental agreements executed or renewed 106
on or after July 1, 2026, and shall be provided to the tenant prior to the 107
execution or renewal of the rental agreement. 108
(b) On or before June 15, 2026, the Commissioner of Consumer 109
Protection, in consultation with the Department of Energy and 110
Environmental Protection, the Connecticut Insurance Department, the 111
Department of Housing, industry representatives and housing 112 Substitute Bill No. 9
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advocacy organizations, shall develop a flood disclosure notice with 113
respect to the rental of real property, to be prepared in a format 114
prescribed by the commissioner. Such notice shall include, but need not 115
be limited to, the following information for the leased premises: (1) 116
Whether the leased premises are located in a Federal Emergency 117
Management Agency designated floodplain; (2) whether the leased 118
premises are located in whole or in part in the Special Flood Hazard 119
Area according to the Federal Emergency Management Agency's 120
current flood insurance rate maps for the area; (3) whether the leased 121
premises are located in whole or in part in a moderate risk flood hazard 122
area; (4) whether the leased premises are subject to any requirement 123
under federal law to obtain and maintain flood insurance on the 124
property; (5) whether the landlord, or any tenant of the landlord with 125
respect to the leased premises, has received assistance, or is aware of 126
any previous owners or tenants receiving assistance, from the Federal 127
Emergency Management Agency, the United States Small Business 128
Administration or any other federal or state disaster assistance for flood 129
damage to the leased premises; (6) whether there is a Federal Emergency 130
Management Agency elevation certificate available; (7) whether the 131
landlord, or any tenant of the landlord with respect to the leased 132
premises, has ever filed a claim for flood damage to the property with 133
any insurer, including the National Flood Insurance Program; (8) 134
whether the leased premises have experienced any flood damage, water 135
seepage or pooled water due to a flood event and, if so, how many times; 136
(9) whether the landlord has actual knowledge that the leased premises 137
containing the rental premises has been subjected to flooding; and (10) 138
any other information required by the commissioner. 139
(c) Every rental agreement for residential property in this state shall 140
contain the following notice to tenants: "Flood insurance may be 141
available to renters through FEMA's National Flood Insurance Program 142
to cover your personal property and contents in the event of a flood. A 143
standard renter's insurance policy does not typically cover flood 144
damage. You are encouraged to examine your policy to determine 145
whether you are covered." 146 Substitute Bill No. 9
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(d) For purposes of this section, "leased premises" means any portion 147
of the property to which the tenant is granted access pursuant to the 148
rental agreement, including, but not limited to, common areas and 149
parking areas. 150
Sec. 6. Subsection (b) of section 22a-109 of the general statutes is 151
repealed and the following is substituted in lieu thereof (Effective October 152
1, 2025): 153
(b) The zoning commission may by regulation exempt any or all of 154
the following uses from the coastal site plan review requirements of this 155
chapter: (1) Minor additions to or modifications of existing buildings or 156
detached accessory buildings, such as garages and utility sheds; (2) 157
construction of new or modification of existing structures incidental to 158
the enjoyment and maintenance of residential property including but 159
not limited to walks, terraces, elevated decks, driveways, swimming 160
pools, tennis courts, docks and detached accessory buildings; (3) 161
construction of new or modification of existing on-premise structures 162
including fences, walls, pedestrian walks and terraces, underground 163
utility connections, essential electric, gas, telephone, water and sewer 164
service lines, signs and such other minor structures as will not 165
substantially alter the natural character of coastal resources or restrict 166
access along the public beach; [(4) construction of an individual single-167
family residential structure except when such structure is located on an 168
island not connected to the mainland by an existing road bridge or 169
causeway or except when such structure is in or within one hundred 170
feet of the following coastal resource areas: Tidal wetlands, coastal 171
bluffs and escarpments and beaches and dunes; (5)] (4) activities 172
conducted for the specific purpose of conserving or preserving soil, 173
vegetation, water, fish, shellfish, wildlife and other coastal land and 174
water resources; [(6)] (5) interior modifications to buildings; and [(7)] (6) 175
minor changes in use of a building, structure or property except those 176
changes occurring on property adjacent to or abutting coastal waters. 177
Gardening, grazing and the harvesting of crops shall be exempt from 178
the requirements of this chapter. Notwithstanding the provisions of this 179
subsection, shoreline flood and erosion control structures as defined in 180 Substitute Bill No. 9
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subsection (c) of this section shall not be exempt from the requirements 181
of this chapter. 182
Sec. 7. Subsection (d) of section 22a-109 of the general statutes is 183
repealed and the following is substituted in lieu thereof (Effective October 184
1, 2025): 185
(d) A copy of each coastal site plan submitted for any shoreline flood 186
and erosion control structure, any activity proposed within a FEMA-187
designated V, VE, A, AE or Limit of Moderate Wave Action (LiMWA) 188
area, or any site that contains tidal wetlands, beaches or dunes shall be 189
referred to the Commissioner of Energy and Environmental Protection 190
within fifteen days of its receipt by the zoning commission or zoning 191
board of appeals. The day of receipt shall be determined in accordance 192
with subsection (c) of section 8-7d. The commissioner may comment on 193
and make recommendations on such plans. Such comments and 194
recommendations shall be submitted to the zoning commission or 195
zoning board of appeals within thirty-five days of the date of receipt of 196
the coastal site plan by the commissioner and shall be considered by the 197
zoning commission or zoning board of appeals before final action on the 198
plan. If the commissioner fails to comment on a plan within the thirty-199
five-day period or any extension granted by the zoning commission or 200
zoning board of appeals, the zoning commission or zoning board of 201
appeals may take final action on such plan. Failure to comment by the 202
commissioner shall not be construed to be approval or disapproval. 203
Sec. 8. (NEW) (Effective from passage) For projects that have not begun 204
construction by December 1, 2025, no state entity shall use state funds, 205
from any source, and no recipient of state funds or a federal grant or 206
loan provided through a state agency shall use any such money, from 207
any source, to directly subsidize the construction of any new residential 208
structure or reconstruction of a residential structure that increases the 209
finished habitable living space within a residential structure when such 210
structure is located within the floodway or within the coastal high 211
hazard areas, including Coastal AE, VE and V zones, and Limit of 212
Moderate Wave Action (LiMWA) areas, as defined by the Federal 213 Substitute Bill No. 9
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Emergency Management Agency or on repetitive -loss properties, 214
provided such prohibition shall not preclude reconstruction of any 215
existing residential structure for the sole purpose of bringing the 216
structure into Federal Emergency Management Agency compliance or 217
work performed on an area of property that is outside of the floodway 218
or the coastal high hazard areas, including Coastal AE, VE and V zones, 219
and Limit of Moderate Wave Action (LiMWA) areas, as defined by the 220
Federal Emergency Management Agency. 221
Sec. 9. Subsection (a) of section 25-68o of the general statutes is 222
repealed and the following is substituted in lieu thereof (Effective July 1, 223
2025): 224
(a) (1) On and after October 1, 2019, in the preparation of any 225
municipal evacuation plan or hazard mitigation plan, such municipality 226
shall consider the most recent sea level change scenario updated 227
pursuant to subsection (b) of this section. 228
(2) On and after October 1, 2025, any such municipal evacuation or 229
hazard mitigation plan shall identify and address (A) threats to surface 230
transportation, critical infrastructure and local land uses as a result of 231
such sea level change, and (B) actions, strategies and capital projects to 232
avoid or reduce the impacts and risks resulting from climate change, 233
including, but not limited to, increased precipitation, flooding, sea level 234
rise and extreme heat. Any such surface transportation, critical 235
infrastructure, local land uses, actions, strategies and capital projects 236
shall be identified in geospatial data, as applicable, in addition to being 237
identified in such plan, and such data shall be made available to the 238
Commissioner of Emergency Services and Public Protection, the 239
Commissioner of Transportation and the Secretary of the Office of 240
Policy and Management upon request. Such geospatial data shall be 241
produced in the plane coordinate system, as described in section 13a-242
255. Such work may be conducted on a regional basis. 243
Sec. 10. (NEW) (Effective July 1, 2025) On or before October 1, 2026, 244
and annually thereafter, each municipality shall submit a geospatial 245 Substitute Bill No. 9
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data file of each culvert and bridge within the control and boundaries of 246
such municipality to the regional council of governments of which it is 247
a member in a form and manner prescribed by the Office of Policy and 248
Management, in consultation with the Departments of Transportation 249
and Energy and Environmental Protection. Such geospatial data shall 250
be produced and provided in the plane coordinate system, as described 251
in section 13a-255 of the general statutes. Such data file shall include, but 252
need not be limited to, geospatial data pertaining to each culvert and 253
bridge, the locational coordinates of each culvert and bridge, the age and 254
dimensions of each culvert and bridge and any additional information 255
deemed necessary by the Office of Policy and Management, in 256
consultation with the Departments of Transportation and Energy and 257
Environmental Protection. On or before December 1, 2026, and annually 258
thereafter, each regional council of governments shall: (1) Submit such 259
geospatial data file to the Secretary of the Office of Policy and 260
Management, and (2) report each municipality that failed to provide 261
such geospatial data file. 262
Sec. 11. Section 7-364 of the general statutes is repealed and the 263
following is substituted in lieu thereof (Effective July 1, 2025): 264
Upon the recommendation of the budget-making authority and 265
approval by the legislative body, any part or the whole of such fund 266
may be used for (1) capital and nonrecurring expenditures, but such use 267
shall be restricted to the financing of all or part of the planning, 268
construction, reconstruction or acquisition of any specific capital 269
improvement, including, but not limited to, planning, construction, 270
reconstruction or acquisition intended to increase the resiliency of a 271
capital improvement against the impacts of climate change, including, 272
but not limited to, increased precipitation, flooding, sea level rise and 273
extreme heat, or the acquisition of any specific item of equipment, (2) 274
costs associated with a property tax revaluation, and (3) costs associated 275
with the preparation, amendment or adoption of a plan of conservation 276
and development pursuant to section 8-23, as amended by this act. 277
Upon the approval of any such expenditure, an appropriation shall be 278
set up, plainly designated for the project, acquisition, revaluation or 279 Substitute Bill No. 9
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plan of conservation and development for which it has been authorized, 280
and such unexpended appropriation may be continued until such 281
project, acquisition, revaluation or plan of conservation and 282
development is completed. Any unexpended portion of such 283
appropriation remaining after such completion shall revert to said 284
reserve fund. 285
Sec. 12. Subsection (a) of section 13a-175a of the general statutes is 286
repealed and the following is substituted in lieu thereof (Effective July 1, 287
2025): 288
(a) For each fiscal year there shall be allocated twelve million five 289
hundred thousand dollars out of the funds appropriated to the 290
Department of Transportation, or from any other source, not otherwise 291
prohibited by law, to be used by the towns (1) for the construction, 292
reconstruction, improvement [or] and maintenance of highways, 293
sections of highways, bridges [or] and structures incidental to highways 294
and bridges, [or the improvement thereof,] including (A) construction, 295
reconstruction, improvements and maintenance intended to increase 296
resiliency against increased precipitation, flooding, sea level rise and 297
extreme heat, and (B) the plowing of snow, the sanding of icy 298
pavements, the trimming and removal of trees, the installation, 299
replacement and maintenance of traffic signs, signals and markings, (2) 300
for traffic control and vehicular safety programs, traffic and parking 301
planning and administration, and other purposes and programs related 302
to highways, traffic and parking, and (3) for the purposes of providing 303
and operating essential public transportation services and related 304
facilities. 305
Sec. 13. Subsections (d) to (f), inclusive, of section 8-23 of the general 306
statutes are repealed and the following is substituted in lieu thereof 307
(Effective July 1, 2025): 308
(d) In preparing such plan, the commission or any special committee 309
shall consider the following: (1) The community development action 310
plan of the municipality, if any, (2) the need for affordable housing, (3) 311 Substitute Bill No. 9
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the need for protection of existing and potential public surface and 312
ground drinking water supplies, (4) the use of cluster development and 313
other development patterns to the extent consistent with soil types, 314
terrain and infrastructure capacity within the municipality, (5) the state 315
plan of conservation and development adopted pursuant to chapter 297, 316
(6) the regional plan of conservation and development adopted 317
pursuant to section 8-35a, as amended by this act, (7) physical, social, 318
economic and governmental conditions and trends, (8) the needs of the 319
municipality including, but not limited to, human resources, education, 320
health, housing, recreation, social services, public utilities, public 321
protection, transportation and circulation and cultural and 322
interpersonal communications, (9) the objectives of energy-efficient 323
patterns of development, the use of solar and other renewable forms of 324
energy and energy conservation, (10) protection and preservation of 325
agriculture, (11) the most recent sea level change scenario updated 326
pursuant to subsection (b) of section 25-68o, [and] (12) the need for 327
technology infrastructure in the municipality, and (13) for any such plan 328
adopted on or after October 1, 2026, the most recent hazard and climate 329
projections established by federal and state authorities, including, but 330
not limited to, the National Oceanic and Atmospheric Administration, 331
the Federal Emergency Management Agency, the United States 332
Environmental Protection Agency and The University of Connecticut. 333
(e) (1) [Such] Any such plan of conservation and development 334
adopted prior to October 1, 2026, shall (A) be a statement of policies, 335
goals and standards for the physical and economic development of the 336
municipality, (B) provide for a system of principal thoroughfares, 337
parkways, bridges, streets, sidewalks, multipurpose trails and other 338
public ways as appropriate, (C) be designed to promote, with the 339
greatest efficiency and economy, the coordinated development of the 340
municipality and the general welfare and prosperity of its people and 341
identify areas where it is feasible and prudent (i) to have compact, 342
transit accessible, pedestrian-oriented mixed use development patterns 343
and land reuse, and (ii) to promote such development patterns and land 344
reuse, (D) recommend the most desirable use of land within the 345 Substitute Bill No. 9
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municipality for residential, recreational, commercial, industrial, 346
conservation, agricultural and other purposes and include a map 347
showing such proposed land uses, (E) recommend the most desirable 348
density of population in the several parts of the municipality, (F) note 349
any inconsistencies with the following growth management principles: 350
(i) Redevelopment and revitalization of commercial centers and areas of 351
mixed land uses with existing or planned physical infrastructure; (ii) 352
expansion of housing opportunities and design choices to accommodate 353
a variety of household types and needs; (iii) concentration of 354
development around transportation nodes and along major 355
transportation corridors to support the viability of transportation 356
options and land reuse; (iv) conservation and restoration of the natural 357
environment, cultural and historical resources and existing farmlands; 358
(v) protection of environmental assets critical to public health and 359
safety; and (vi) integration of planning across all levels of government 360
to address issues on a local, regional and state-wide basis, (G) make 361
provision for the development of housing opportunities, including 362
opportunities for multifamily dwellings, consistent with soil types, 363
terrain and infrastructure capacity, for all residents of the municipality 364
and the planning region in which the municipality is located, as 365
designated by the Secretary of the Office of Policy and Management 366
under section 16a-4a, (H) promote housing choice and economic 367
diversity in housing, including housing for both low and moderate 368
income households, and encourage the development of housing which 369
will meet the housing needs identified in the state's consolidated plan 370
for housing and community development prepared pursuant to section 371
8-37t and in the housing component and the other components of the 372
state plan of conservation and development prepared pursuant to 373
chapter 297, and (I) consider allowing older adults and persons with a 374
disability the ability to live in their homes and communities whenever 375
possible. Such plan may: (i) Permit home sharing in single-family zones 376
between up to four adult persons of any age with a disability or who are 377
sixty years of age or older, whether or not related, who receive 378
supportive services in the home; (ii) allow accessory apartments for 379
persons with a disability or persons sixty years of age or older, or their 380 Substitute Bill No. 9
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caregivers, in all residential zones, subject to municipal zoning 381
regulations concerning design and long-term use of the principal 382
property after it is no longer in use by such persons; and (iii) expand the 383
definition of "family" in single-family zones to allow for accessory 384
apartments for persons sixty years of age or older, persons with a 385
disability or their caregivers. In preparing such plan the commission 386
shall consider focusing development and revitalization in areas with 387
existing or planned physical infrastructure. 388
(2) Any such plan of conservation and development adopted on or 389
after October 1, 2026, shall (A) be a statement of policies, goals and 390
standards for the physical and economic development of the 391
municipality; (B) provide for a system of principal thoroughfares, 392
parkways, bridges, streets, sidewalks, multipurpose trails and other 393
public ways as appropriate; (C) be designed to promote, with the 394
greatest efficiency and economy, the coordinated development of the 395
municipality and the general welfare and prosperity of its people and 396
identify areas where it is feasible and prudent (i) to have compact, 397
transit-accessible, pedestrian-oriented mixed use development patterns 398
and land reuse, and (ii) to promote such development patterns and land 399
reuse; (D) (i) include a climate change vulnerability assessment, based 400
on information from sources described in section 13 of this act, which 401
shall consist of an assessment of existing and anticipated threats to and 402
vulnerabilities of the municipality that are associated with natural 403
disasters, hazards and climate change, including, but not limited to, 404
increased temperatures, drought, flooding, wildfire, storm damage and 405
sea level rise, and the impacts such disasters and hazards may have on 406
individuals, communities, institutions, businesses, economic 407
development, public infrastructure and facilities, public health, safety 408
and welfare, (ii) identify goals, policies and techniques to avoid or 409
reduce such threats, vulnerabilities and impacts, and (iii) include a 410
statement describing any consistencies and inconsistencies identified 411
between such assessment and any existing or proposed municipal 412
natural hazard mitigation plan, floodplain management plan, 413
comprehensive emergency operations plan, emergency response plan, 414 Substitute Bill No. 9
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post-disaster recovery plan, long-range transportation plan or capital 415
improvement plan in the municipality, and identify and recommend, 416
where necessary, the integration of data from such assessment into any 417
such plans and any actions necessary to achieve consistency and 418
coordination between such assessment and any such plans; (E) 419
recommend the most desirable use of land within the municipality for 420
residential, recreational, commercial, industrial, conservation, 421
agricultural and other purposes and include a map showing such 422
proposed land uses which considers the threats, vulnerabilities and 423
impacts identified in the climate change vulnerability assessment 424
conducted pursuant to subparagraph (D)(i) of this subdivision; (F) 425
recommend the most desirable density of population in the several parts 426
of the municipality; (G) note any inconsistencies with the following 427
growth management principles: (i) Redevelopment and revitalization of 428
commercial centers and areas of mixed land uses with existing or 429
planned physical infrastructure; (ii) expansion of housing opportunities 430
and design choices to accommodate a variety of household types and 431
needs; (iii) concentration of development around transportation nodes 432
and along major transportation corridors to support the viability of 433
transportation options and land reuse and reduction of vehicle mileage; 434
(iv) conservation and restoration of the natural environment, cultural 435
and historical resources and existing farmlands; (v) protection of 436
environmental assets critical to public health and safety; and (vi) 437
integration of planning across all levels of government to address issues 438
on a local, regional and state-wide basis; (H) make provision for the 439
development of housing opportunities, including opportunities for 440
multifamily dwellings, consistent with soil types, terrain and 441
infrastructure capacity, for all residents of the municipality and the 442
planning region in which the municipality is located, as designated by 443
the Secretary of the Office of Policy and Management pursuant to 444
section 16a-4a; (I) promote housing choice and economic diversity in 445
housing, including housing for both low and moderate income 446
households, and encourage the development of housing which will 447
meet the housing needs identified in the state's consolidated plan for 448
housing and community development prepared pursuant to section 8-449 Substitute Bill No. 9
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37t and in the housing component and the other components of the state 450
plan of conservation and development prepared pursuant to chapter 451
297; (J) consider allowing older adults and persons with disabilities the 452
ability to live in their homes and communities whenever possible; (K) 453
identify infrastructure, including, but not limited to, facilities, public 454
utilities and roadways, that is critical for evacuation purposes and 455
sustaining quality of life during a natural disaster, and that shall be 456
maintained at all times in an operational state; (L) identify strategies and 457
design standards that may be implemented to avoid or reduce risks 458
associated with natural disasters, hazards and climate change; and (M) 459
include geospatial data utilized in preparing such plan or that is 460
necessary to convey information in such plan. Any such plan may: (i) 461
Permit home sharing in single-family zones between up to four adult 462
persons of any age with a disability or who are sixty years of age or 463
older, whether or not related, who receive supportive services in the 464
home; (ii) allow accessory apartments for persons with a disability or 465
persons sixty years of age or older, or their caregivers, in all residential 466
zones, subject to municipal zoning regulations concerning design and 467
long-term use of the principal property after it is no longer in use by 468
such persons; (iii) expand the definition of "family" in single-family 469
zones to allow for accessory apartments for persons sixty years of age or 470
older, persons with a disability or their caregivers; and (iv) identify one 471
or more areas that are vulnerable to the impacts of climate change for 472
the purpose of prioritizing funding for infrastructure needs and 473
resiliency planning. In preparing such plan the commission shall 474
consider focusing development and revitalization in areas with existing 475
or planned physical infrastructure. The commission or any special 476
committee may utilize information and data from any natural hazard 477
mitigation plan, floodplain management plan, comprehensive 478
emergency operations plan, emergency response plan, post-disaster 479
recovery plan, long-range transportation plan, climate vulnerability 480
assessment or resilience plan in the preparation of such plan of 481
conservation and development, including a document coordinated by 482
the applicable regional council of governments, provided such 483
information and data shall not be incorporated by reference, but 484 Substitute Bill No. 9
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summarized and applied in such plan to the specific policies, goals and 485
standards of the subject municipality. 486
[(2)] (3) For any municipality that is contiguous to Long Island Sound, 487
such plan shall be (A) consistent with the municipal coastal program 488
requirements of sections 22a-101 to 22a-104, inclusive, (B) made with 489
reasonable consideration for restoration and protection of the ecosystem 490
and habitat of Long Island Sound, and (C) designed to reduce hypoxia, 491
pathogens, toxic contaminants and floatable debris in Long Island 492
Sound. 493
(f) Such plan may show the commission's and any special 494
committee's recommendation for (1) conservation and preservation of 495
traprock and other ridgelines, (2) airports, parks, playgrounds and other 496
public grounds, (3) the general location, relocation and improvement of 497
schools and other public buildings, (4) the general location and extent 498
of public utilities and terminals, whether publicly or privately owned, 499
for water, light, power, transit and other purposes, (5) the extent and 500
location of public housing projects, (6) programs for the implementation 501
of the plan, including (A) a schedule, (B) a budget for public capital 502
projects, (C) a program for enactment and enforcement of zoning and 503
subdivision controls, building and housing codes and safety 504
regulations, (D) plans for implementation of affordable housing, (E) 505
plans for open space acquisition and greenways protection and 506
development, and (F) plans for corridor management areas along 507
limited access highways or rail lines, designated under section 16a-27, 508
as amended by this act, (7) proposed priority funding areas, (8) a land 509
use program that will promote the reduction and avoidance of risks 510
associated with natural disasters, hazards and climate change, 511
including, but not limited to, increased temperatures, drought, flooding, 512
wildfire, hurricanes and sea level rise, (9) a program for the transfer of 513
development rights, which establishes criteria for sending and receiving 514
sites and technical details for the program consistent with the provisions 515
of section 8-2e, as amended by this act, (10) identification of resiliency 516
improvement districts, as defined in section 23 of this act, and [(8)] (11) 517
any other recommendations as will, in the commission's or any special 518 Substitute Bill No. 9
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committee's judgment, be beneficial to the municipality. The plan may 519
include any necessary and related maps, explanatory material, 520
photographs, charts or other pertinent data and information relative to 521
the past, present and future trends of the municipality. 522
Sec. 14. Subsection (i) of section 8-23 of the general statutes is repealed 523
and the following is substituted in lieu thereof (Effective July 1, 2025): 524
(i) (1) After completion of the public hearing, the commission may 525
revise the plan and may adopt the plan or any part thereof or 526
amendment thereto by a single resolution or may, by successive 527
resolutions, adopt parts of the plan and amendments thereto. 528
(2) Any plan, section of a plan or recommendation in the plan that is 529
not endorsed in the report of the legislative body or, in the case of a 530
municipality for which the legislative body is a town meeting or 531
representative town meeting, by the board of selectmen, of the 532
municipality may only be adopted by the commission by a vote of not 533
less than two-thirds of all the members of the commission. 534
(3) Upon adoption by the commission, any plan or part thereof or 535
amendment thereto shall become effective at a time established by the 536
commission, provided notice thereof shall be published in a newspaper 537
having a general circulation in the municipality prior to such effective 538
date. 539
(4) Not more than thirty days after adoption, any plan or part thereof 540
or amendment thereto shall be posted on the Internet web site of the 541
municipality, if any, and shall be filed in the office of the town clerk, 542
except that, if it is a district plan or amendment, it shall be filed in the 543
offices of both the district and town clerks. 544
(5) Not more than sixty days after adoption of the plan, the 545
commission shall submit a copy of the plan, including geospatial data 546
required pursuant to subparagraph (M) of subdivision (2) of subsection 547
(e) of this section, to the Secretary of the Office of Policy and 548
Management [and] in a form and manner prescribed by the secretary. 549 Substitute Bill No. 9
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The commission shall include with such copy a description of any 550
[inconsistency] inconsistencies between the plan adopted by the 551
commission and the regional plan of conservation and development 552
applicable to the municipality and the state plan of conservation and 553
development and the reasons [therefor] for any such inconsistencies. 554
Sec. 15. Subsections (a) and (b) of section 8-35a of the general statutes 555
are repealed and the following is substituted in lieu thereof (Effective July 556
1, 2025): 557
(a) At least once every ten years, each regional council of 558
governments shall make a plan of conservation and development for its 559
area of operation, showing its recommendations for the general use of 560
the area including land use, housing, principal highways and freeways, 561
bridges, airports, parks, playgrounds, recreational areas, schools, public 562
institutions, public utilities, agriculture and such other matters as, in the 563
opinion of the council, will be beneficial to the area. Any regional plan 564
so developed shall be based on studies of physical, social, economic and 565
governmental conditions and trends and shall be designed to promote 566
with the greatest efficiency and economy the coordinated development 567
of its area of operation and the general welfare and prosperity of its 568
people. Such plan may encourage resilient and energy-efficient patterns 569
of development, land use strategies to reduce the impacts of climate 570
change, the use of solar and other renewable forms of energy, and 571
energy conservation. Such plan shall be designed to promote abatement 572
of the pollution of the waters and air of the region. Such plan shall 573
consider the need for technology infrastructure in the region. The 574
regional plan shall identify areas where it is feasible and prudent (1) to 575
have compact, transit accessible, pedestrian-oriented mixed use 576
development patterns and land reuse, and (2) to promote such 577
development patterns and land reuse and shall note any inconsistencies 578
with the following growth management principles: (A) Redevelopment 579
and revitalization of regional centers and areas of mixed land uses with 580
existing or planned physical infrastructure; (B) expansion of housing 581
opportunities and design choices to accommodate a variety of 582
household types and needs; (C) concentration of development around 583 Substitute Bill No. 9
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transportation nodes and along major transportation corridors to 584
support the viability of transportation options and land reuse; (D) 585
conservation and restoration of the natural environment, cultural and 586
historical resources and traditional rural lands; (E) protection of 587
environmental assets or ecosystem services critical to public health and 588
safety; and (F) integration of planning across all levels of government to 589
address issues on a local, regional and state-wide basis. The plan of each 590
region contiguous to Long Island Sound shall be designed to reduce 591
hypoxia, pathogens, toxic contaminants and floatable debris in Long 592
Island Sound. For plans adopted on or after October 1, 2025, such plan 593
shall (i) demonstrate consistency with the regional long-range 594
transportation plan and the regional summary of the hazard mitigation 595
plan in the case of a multijurisdiction hazard mitigation plan, and (ii) 596
identify critical facilities in the region and include geospatial data 597
relative to such facilities. Such geospatial information shall indicate 598
location, address and general function of the infrastructure. 599
(b) Before adopting the regional plan of conservation and 600
development or any part thereof or amendment thereto the regional 601
council of governments shall hold at least one public hearing thereon, 602
notice of the time, place and subject of which shall be given in writing 603
to the chief executive officer and planning commission, where one 604
exists, of each member town, city or borough. Notice of the time, place 605
and subject of such hearing shall be published once in a newspaper 606
having a substantial circulation in the region. Such notices shall be given 607
not more than twenty days or less than ten days before such hearing. At 608
least sixty-five days before the public hearing the regional council of 609
governments shall post the plan on the Internet web site of the council, 610
if any, and submit the plan to the Secretary of the Office of Policy and 611
Management for findings in the form of comments and 612
recommendations. By October 1, 2011, the secretary shall establish, by 613
regulations adopted in accordance with the provisions of chapter 54, 614
criteria for such findings which shall include procedures for a uniform 615
review of regional plans of conservation and development to determine 616
if a proposed regional plan of conservation and development is not 617 Substitute Bill No. 9
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inconsistent with the state plan of conservation and development and 618
the state economic strategic plan. The regional council of governments 619
shall note on the record any inconsistency with the state plan of 620
conservation and development and the reasons for such inconsistency. 621
Adoption of the plan or part thereof or amendment thereto shall be 622
made by the affirmative vote of not less than a majority of the 623
representatives on the council. The plan shall be posted on the Internet 624
web site of the council, if any, and a copy of the plan or of any 625
amendments thereto, signed by the chairman of the council, shall be 626
transmitted to the chief executive officers, the town, city or borough 627
clerks, as the case may be, and to planning commissions, if any, in 628
member towns, cities or boroughs, and to the Secretary of the Office of 629
Policy and Management, or his or her designee. The geospatial data 630
developed pursuant to subsection (a) of this section shall be made 631
available to the Commissioner of Emergency Services and Public 632
Protection, the Commissioner of Transportation or the Secretary of the 633
Office of Policy and Management upon request. The regional council of 634
governments shall notify the Secretary of the Office of Policy and 635
Management of any inconsistency with the state plan of conservation 636
and development and the reasons therefor. 637
Sec. 16. Subsection (h) of section 16a-27 of the general statutes is 638
repealed and the following is substituted in lieu thereof (Effective July 1, 639
2025): 640
(h) (1) Any revision made after October 1, 2019, and until the 641
adoption of the state plan of conservation and development for 2025 to 642
2030, shall [(1)] (A) take into consideration risks associated with 643
increased coastal flooding and erosion, depending on site topography, 644
as anticipated in the most recent sea level change scenario updated 645
pursuant to subsection (b) of section 25-68o, [(2)] (B) identify the impacts 646
of such increased flooding and erosion on infrastructure and natural 647
resources, [(3)] (C) make recommendations for the siting of future 648
infrastructure and property development to minimize the use of areas 649
prone to such flooding and erosion, and [(4)] (D) take into consideration 650
the state's greenhouse gas reduction goals established pursuant to 651 Substitute Bill No. 9
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section 22a-200a. 652
(2) Any revision made after the adoption of the state plan of 653
conservation and development for 2025 to 2030 shall (A) take into 654
consideration risks associated with (i) changes to the rate and timing of 655
annual precipitation and increased average temperatures resulting in 656
extreme heat, and (ii) increased flooding and erosion, depending on site 657
topography, as anticipated in the most recent sea level change scenario 658
updated pursuant to subsection (b) of section 25-68o, and by other 659
sources as deemed appropriate by the Secretary of the Office of Policy 660
and Management, (B) identify the impacts of extreme heat, drought and 661
increased flooding and erosion on infrastructure and natural resources, 662
(C) make recommendations for the siting of future infrastructure and 663
property development to minimize the use of areas prone to such 664
flooding and erosion, (D) make recommendations for land use strategies 665
that minimize risks to public health, infrastructure and the 666
environment, and (E) take into consideration the state's greenhouse gas 667
reduction goals established pursuant to section 22a-200a. 668
Sec. 17. Section 28-5 of the general statutes is amended by adding 669
subsection (h) as follows (Effective July 1, 2025): 670
(NEW) (h) On and after October 1, 2028, the state civil preparedness 671
plan and program established pursuant to subsection (b) of this section 672
shall consider observed and projected climate trends relating to extreme 673
weather events, drought, coastal and inland flooding, storm surge, 674
wildfire, extreme heat and any other hazards deemed relevant by the 675
commissioner. 676
Sec. 18. Subsections (b) and (c) of section 8-2 of the general statutes 677
are repealed and the following is substituted in lieu thereof (Effective 678
October 1, 2025): 679
(b) Zoning regulations adopted pursuant to subsection (a) of this 680
section shall: 681
(1) Be made in accordance with a comprehensive plan and in 682 Substitute Bill No. 9
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consideration of the plan of conservation and development adopted 683
under section 8-23, as amended by this act; 684
(2) Be designed to (A) lessen congestion in the streets; (B) secure 685
safety from fire, panic, flood and other dangers; (C) promote health and 686
the general welfare; (D) provide adequate light and air; (E) protect the 687
state's historic, tribal, cultural and environmental resources; (F) facilitate 688
the adequate provision for transportation, water, sewerage, schools, 689
parks and other public requirements; (G) consider the impact of 690
permitted land uses on contiguous municipalities and on the planning 691
region, as defined in section 4-124i, in which such municipality is 692
located; (H) address significant disparities in housing needs and access 693
to educational, occupational and other opportunities; (I) promote 694
efficient review of proposals and applications; and (J) affirmatively 695
further the purposes of the federal Fair Housing Act, 42 USC 3601 et 696
seq., as amended from time to time; 697
(3) Be drafted with reasonable consideration as to the physical site 698
characteristics of the district and its peculiar suitability for particular 699
uses and with a view to encouraging the most appropriate use of land 700
throughout a municipality; 701
(4) Provide for the development of housing opportunities, including 702
opportunities for multifamily dwellings, consistent with soil types, 703
terrain and infrastructure capacity, for all residents of the municipality 704
and the planning region in which the municipality is located, as 705
designated by the Secretary of the Office of Policy and Management 706
under section 16a-4a; 707
(5) Promote housing choice and economic diversity in housing, 708
including housing for both low and moderate income households; 709
(6) Expressly allow the development of housing which will meet the 710
housing needs identified in the state's consolidated plan for housing and 711
community development prepared pursuant to section 8-37t and in the 712
housing component and the other components of the state plan of 713
conservation and development prepared pursuant to section 16a-26; 714 Substitute Bill No. 9
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(7) Be made with reasonable consideration for the impact of such 715
regulations on agriculture, as defined in subsection (q) of section 1-1; 716
(8) Provide that proper provisions be made for soil erosion and 717
sediment control pursuant to section 22a-329; 718
(9) Be made with reasonable consideration for the protection of 719
existing and potential public surface and ground drinking water 720
supplies; [and] 721
(10) In any municipality that is contiguous to or on a navigable 722
waterway draining to Long Island Sound, (A) be made with reasonable 723
consideration for the restoration and protection of the ecosystem and 724
habitat of Long Island Sound; (B) be designed to reduce hypoxia, 725
pathogens, toxic contaminants and floatable debris on Long Island 726
Sound; and (C) provide that such municipality's zoning commission 727
consider the environmental impact on Long Island Sound coastal 728
resources, as defined in section 22a-93, of any proposal for development; 729
and 730
(11) Provide that proper provisions be made to mitigate and avoid 731
potential negative impacts to public health, public welfare and the 732
environment, due to sea level change, in consideration of the most 733
recent sea level change scenario updated pursuant to section 25-68o, as 734
amended by this act. 735
(c) Zoning regulations adopted pursuant to subsection (a) of this 736
section may: 737
(1) To the extent consistent with soil types, terrain and water, sewer 738
and traffic infrastructure capacity for the community, provide for or 739
require cluster development, as defined in section 8-18; 740
(2) Be made with reasonable consideration for the protection of 741
historic factors; 742
(3) Require or promote (A) energy-efficient patterns of development; 743
(B) the use of distributed generation or freestanding solar, wind and 744 Substitute Bill No. 9
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other renewable forms of energy; (C) combined heat and power; [and] 745
(D) energy conservation; and (E) resilience, as defined in section 16-746
243y, including, but not limited to, risks related to extreme heat, drought 747
or prolonged or intense exposure to precipitation; 748
(4) Provide for incentives for developers who use (A) solar and other 749
renewable forms of energy; (B) combined heat and power; (C) water 750
conservation, including demand offsets; [and] (D) energy conservation 751
techniques, including, but not limited to, cluster development, higher 752
density development and performance standards for roads, sidewalks 753
and underground facilities in the subdivision; and (E) flood-risk 754
reduction building methods; 755
(5) Provide for a municipal or regional system for the creation of 756
development rights and the permanent transfer of such development 757
rights, which may include a system for the variance of density limits in 758
connection with any such transfer; 759
(6) Provide for notice requirements in addition to those required by 760
this chapter; 761
(7) Provide for conditions on operations to collect spring water or 762
well water, as defined in section 21a-150, including the time, place and 763
manner of such operations; 764
(8) Provide for floating zones, overlay zones and planned 765
development districts; 766
(9) Require estimates of vehicle miles traveled and vehicle trips 767
generated in lieu of, or in addition to, level of service traffic calculations 768
to assess (A) the anticipated traffic impact of proposed developments; 769
and (B) potential mitigation strategies such as reducing the amount of 770
required parking for a development or requiring public sidewalks, 771
crosswalks, bicycle paths, bicycle racks or bus shelters, including off-772
site; [and] 773
(10) In any municipality where a traprock ridge or an amphibolite 774 Substitute Bill No. 9
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ridge is located, (A) provide for development restrictions in ridgeline 775
setback areas; and (B) restrict quarrying and clear cutting, except that 776
the following operations and uses shall be permitted in ridgeline setback 777
areas, as of right: (i) Emergency work necessary to protect life and 778
property; (ii) any nonconforming uses that were in existence and that 779
were approved on or before the effective date of regulations adopted 780
pursuant to this section; and (iii) selective timbering, grazing of 781
domesticated animals and passive recreation; and 782
(11) Provide for sending and receiving sites in conjunction with any 783
transfer of development rights program established pursuant to section 784
8-2e, as amended by this act. 785
Sec. 19. Subsection (b) of section 8-1a of the general statutes is 786
repealed and the following is substituted in lieu thereof (Effective from 787
passage): 788
(b) As used in this chapter: 789
(1) "Accessory apartment" means a separate dwelling unit that (A) is 790
located on the same lot as a principal dwelling unit of greater square 791
footage, (B) has cooking facilities, and (C) complies with or is otherwise 792
exempt from any applicable building code, fire code and health and 793
safety regulations; 794
(2) "Affordable accessory apartment" means an accessory apartment 795
that is subject to binding recorded deeds which contain covenants or 796
restrictions that require such accessory apartment be sold or rented at, 797
or below, prices that will preserve the unit as housing for which, for a 798
period of not less than ten years, persons and families pay thirty per cent 799
or less of income, where such income is less than or equal to eighty per 800
cent of the median income; 801
(3) "As of right" or "as-of-right" means able to be approved in 802
accordance with the terms of a zoning regulation or regulations and 803
without requiring that a public hearing be held, a variance, special 804
permit or special exception be granted or some other discretionary 805 Substitute Bill No. 9
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zoning action be taken, other than a determination that a site plan is in 806
conformance with applicable zoning regulations; 807
(4) "Cottage cluster" means a grouping of at least four detached 808
housing units, or live work units, per acre that are located around a 809
common open area; 810
(5) "Live work unit" means a building or a space within a building 811
used for both commercial and residential purposes by an individual 812
residing within such building or space; 813
(6) "Middle housing" means duplexes, triplexes, quadplexes, cottage 814
clusters and townhouses; 815
(7) "Mixed-use development" means a development containing both 816
residential and nonresidential uses in any single building; [and] 817
(8) "Townhouse" means a residential building constructed in a 818
grouping of three or more attached units, each of which shares at least 819
one common wall with an adjacent unit and has exterior walls on at least 820
two sides; 821
(9) "Receiving site" means one or more designated sites or areas of 822
land to which development rights generated from one or more sending 823
sites may be transferred and in which increased development is 824
permitted to occur by reason of such transfer; and 825
(10) "Sending site" means one or more designated sites or areas of 826
land in which development rights are designated for use in one or more 827
receiving sites. 828
Sec. 20. Section 8-2e of the general statutes is repealed and the 829
following is substituted in lieu thereof (Effective July 1, 2025): 830
(a) Any two or more municipalities which have adopted the 831
provisions of this chapter or chapter 125a or which are exercising zoning 832
power pursuant to any special act may, with the approval of the 833
legislative body of each municipality, execute an agreement providing 834 Substitute Bill No. 9
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for a system of development rights and the transfer of development 835
rights across the boundaries of the municipalities which are parties to 836
the agreement. Such system shall be implemented in a manner 837
approved by the legislative body of each municipality and by the 838
commission or other body which adopts zoning regulations of each 839
municipality. Such agreement may provide that such system be 840
administered by a regional council of governments or other agency. 841
(b) Any two or more municipalities that have executed an agreement 842
pursuant to subsection (a) of this section may, by interlocal agreement, 843
establish a transfer of development rights bank. Each such interlocal 844
agreement shall (1) identify the receiving site, (2) include the local 845
legislation governing development rights that has been adopted or is 846
intended to be adopted by the municipality or municipalities in which 847
the receiving site is located, (3) describe procedures for the termination 848
of the transfer of development rights bank, and (4) describe the 849
conversion ratio to be used in the receiving site, which may express the 850
extent of additional development rights in any combination of units, 851
floor area, height or other applicable development standards that may 852
be modified by the municipality to provide incentives for the purchase 853
of development rights. 854
(c) Each receiving site identified pursuant to subsection (b) of this 855
section shall (1) be eligible for connection with a public water system, 856
(2) be located not more than one-half mile from public transportation 857
facilities, as defined in section 13b-79kk, (3) not be located within the 858
boundaries of core forest, as defined in section 16a-3k, (4) not be located 859
within the boundaries of any area impacted by the most recent sea level 860
change scenario updated pursuant to subsection (b) of section 25-68o, 861
and (5) be located above the five-hundred-year flood elevation. 862
(d) Eligible sending sites may include, but need not be limited to, (1) 863
core forest, as defined in section 16a-3k, (2) land classified as farm land 864
in accordance with section 12-107c, (3) agricultural land, as defined in 865
section 22-3, (4) areas identified as containing habitat for endangered or 866
threatened species pursuant to (A) federal law, (B) section 26-306 or 26-867 Substitute Bill No. 9
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308, or (C) a written determination of the United States Fish and Wildlife 868
Service or a state and federally recognized tribe that such area is 869
appropriate for the preservation of endangered or threatened species 870
habitat, and (5) areas within the boundaries of any area impacted by the 871
most recent sea level change scenario updated pursuant to subsection 872
(b) of section 25-68o, or a floodplain, as defined in section 25-68i. 873
Sec. 21. (NEW) (Effective July 1, 2025) Notwithstanding the provisions 874
of section 22a-352 of the general statutes, the Water Planning Council, 875
as established pursuant to section 25-33o of the general statutes, shall, 876
in undertaking the next periodic update to the state water plan in 877
accordance with section 22a-352 of the general statutes: (1) Consider the 878
potential impact of climate change on the quality of water resources, (2) 879
take into account past conditions and predictions of future temperatures 880
and precipitation when identifying the quantities and qualities of water 881
that are available for public water supply, health, economic, recreation 882
and environmental benefits on a regional basin scale considering both 883
surface water and groundwater, and (3) include recommendations and 884
an implementation plan to reduce impacts from climate change and 885
extreme weather events on water quality and quantity. 886
Sec. 22. (NEW) (Effective July 1, 2025) (a) Not later than December 31, 887
2028, and every ten years thereafter, the Departments of Public Health 888
and Energy and Environmental Protection and the Public Utilities 889
Regulatory Authority shall each review their regulations pertaining to 890
water supply and, in accordance with the provisions of chapter 54 of the 891
general statutes, revise such regulations to incorporate the most 892
concurrent projections on precipitation, temperature or other applicable 893
conditions that could impact water quality, quantity and distribution. 894
(b) Not later than December 31, 2028, and every ten years thereafter, 895
the Departments of Public Health and Energy and Environmental 896
Protection shall each review and revise their permitting processes for 897
sewage disposal systems, and any attendant regulations, in accordance 898
with the provisions of chapter 54 of the general statutes, to incorporate 899
the most concurrent projections on precipitation, flooding, sea level rise 900 Substitute Bill No. 9
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or other applicable conditions that could impact public safety and 901
environmental quality. 902
Sec. 23. (NEW) (Effective July 1, 2025) As used in this section and 903
sections 24 to 32, inclusive, of this act, unless the context otherwise 904
requires: 905
(1) "Captured assessed value" means the amount, as a percentage or 906
stated sum, of increased assessed value that is utilized from year to year 907
to finance project costs pursuant to the district master plan. 908
(2) "Clean energy project" means a renewable energy project that 909
utilizes Class I renewable sources, as defined in section 16-1 of the 910
general statutes. 911
(3) "Current assessed value" means the assessed value of all taxable 912
real property within a resiliency improvement district as of October first 913
of each year that the resiliency improvement district remains in effect. 914
(4) "District master plan" means a statement of means and objectives 915
prepared by the municipality, or two or more municipalities acting 916
jointly under an interlocal agreement, relating to a resiliency 917
improvement district that is designed to (A) reduce the risk of, or 918
exposure to, extreme events, hazards and the effects of climate change, 919
(B) support economic development, (C) provide housing opportunities 920
in existing residential areas, (D) improve or broaden the tax base, and 921
(E) construct or improve the physical facilities and structures necessary 922
for resilience projects, environmental infrastructure or clean energy 923
projects, or any combination thereof, as described in section 28 of this 924
act. 925
(5) "Environmental infrastructure" has the same meaning as provided 926
in section 16-245n of the general statutes. 927
(6) "Financial plan" means a statement of the project costs and sources 928
of revenue required to accomplish the district master plan. 929
(7) "Increased assessed value" means the valuation amount by which 930 Substitute Bill No. 9
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the current assessed value of a resiliency improvement district exceeds 931
the original assessed value of the resiliency improvement district. If the 932
current assessed value is equal to or less than the original assessed 933
value, there is no increased assessed value. 934
(8) "Increased savings" means the valuation amount by which the 935
current cost of any existing insurance premium, or other premium, 936
surcharge or other fee identified within the resiliency improvement 937
district may be reduced after the implementation of such district, 938
resulting in a monetary savings to a resident of, or a business located in, 939
such district. 940
(9) "Joint resiliency improvement district" means a resiliency 941
improvement district established by two or more contiguous 942
municipalities that have entered into an interlocal agreement in 943
accordance with sections 7-339a to 7-339l, inclusive, of the general 944
statutes. 945
(10) "Maintenance and operation" means all activities necessary to 946
maintain facilities after they have been developed and all activities 947
necessary to operate such facilities, including, but not limited to, 948
informational, promotional and educational programs and safety and 949
surveillance activities. 950
(11) "Municipality" means a town, city, borough, consolidated town 951
and city or consolidated town and borough. 952
(12) "Original assessed value" means the assessed value of all taxable 953
real property within a resiliency improvement district as of October first 954
of the tax year preceding the year in which the resiliency improvement 955
district was established by the legislative body of a municipality. 956
(13) "Project costs" means any expenditures or monetary obligations 957
incurred or expected to be incurred that are authorized by section 28 of 958
this act and included in a district master plan. 959
(14) "Resilience" has the same meaning as provided in section 16-243y 960 Substitute Bill No. 9
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of the general statutes. 961
(15) "Resilience project" means a project, including a capital project, 962
that is designed and implemented to address climate change mitigation, 963
adaptation or resilience, including, but not limited to, the following: 964
(A) A project that mitigates the effects of river, bay or sea level rise, 965
or rising groundwater, including wetlands or marsh restoration, 966
riparian buffers, vegetated dunes, living shorelines, erosion control, 967
road elevation, levees or other flood structures; 968
(B) A project that mitigates the effects of extreme heat or the urban 969
heat island effect, including increasing shade, deploying building and 970
surface materials designed to reflect or absorb less heat, using pavement 971
materials designed to reflect or absorb less heat, constructing, 972
improving or modifying new or existing facilities or increasing access to 973
cooling opportunities; 974
(C) A project that mitigates the effects of drought, including the 975
repurposing of land for multiple uses, the reduction of impervious 976
surfaces, groundwater replenishment or groundwater storage or a 977
combination of such uses; or 978
(D) A project intended to reduce the risk of flooding, including 979
structure elevation or relocation, wetlands restoration, flood easements 980
or bypasses, riparian buffers or levees. 981
(16) "Tax increment" means real property taxes assessed by a 982
municipality upon the increased assessed value of property in the 983
resiliency improvement district. 984
(17) "Resiliency improvement district" means an area wholly within 985
the corporate limits of one or more municipalities that has been 986
established and designated as such pursuant to section 24 of this act and 987
that is to be developed in accordance with a district master plan. 988
(18) "Tax year" means the period of time beginning on July first and 989
ending on the succeeding June thirtieth. 990 Substitute Bill No. 9
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Sec. 24. (NEW) (Effective July 1, 2025) (a) Any municipality may, by 991
vote of its legislative body, establish a resiliency improvement district 992
located wholly within the boundaries of such municipality in 993
accordance with the requirements of this section and sections 25 to 32, 994
inclusive, of this act. If a municipality is governed by a home rule 995
charter, and such charter prohibits the establishment of a resiliency 996
improvement district, such municipality shall not establish such district. 997
Except as provided in subsection (d) of this section, the establishment of 998
a resiliency improvement district approved by such municipality shall 999
be effective upon the concurrent approval of such district and the 1000
adoption of a district master plan pursuant to section 26 of this act. 1001
(b) Within a resiliency improvement district, and consistent with the 1002
district master plan, the municipality, in addition to powers granted to 1003
such municipality under the Constitution of the state of Connecticut, the 1004
general statutes, the provisions of any special act or sections 25 to 32, 1005
inclusive, of this act, shall have the following powers: 1006
(1) To acquire, construct, reconstruct, improve, preserve, alter, 1007
extend, operate or maintain property or promote development intended 1008
to meet the objectives of the district master plan. The municipality may 1009
acquire property, land or easements through negotiation or by other 1010
means authorized for any municipality under the general statutes; 1011
(2) To execute and deliver contracts, agreements and other 1012
documents relating to the operation and maintenance of the resiliency 1013
improvement district; 1014
(3) To issue bonds and other obligations of the municipality in 1015
accordance with the provisions set forth in section 30 of this act; 1016
(4) Acting through its board of selectmen, town council or other 1017
governing body of such municipality, to enter into written agreements 1018
with a taxpayer that fixes the assessment of real property located within 1019
a resiliency improvement district, provided (A) the term of such 1020
agreement shall not exceed thirty years from the date of the agreement; 1021
and (B) the agreed assessment for such real property plus future 1022 Substitute Bill No. 9
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improvements shall not be less than the assessment of the real property 1023
as of the last regular assessment date without such future 1024
improvements. Any such agreement shall be recorded in the land 1025
records of the municipality. The recording of such agreement shall 1026
constitute notice of the agreement to any subsequent purchaser or 1027
encumbrancer of the property or any part of it, whether voluntary or 1028
involuntary, and such agreement shall be binding upon any subsequent 1029
purchaser or encumbrancer. If the municipality claims that the taxpayer 1030
or a subsequent purchaser or encumbrancer has violated the terms of 1031
such agreement, the municipality may bring an action in the superior 1032
court for the judicial district in which the municipality is located to 1033
enforce such agreement; 1034
(5) To accept grants, advances, loans or other financial assistance 1035
from the federal government, the state, private entities or any other 1036
source, including, but not limited to, such funds as allowable from 1037
sections 7-159d, 16-245n, 22a-498 and 25-85 of the general statutes, and 1038
undertake any additional actions necessary or desirable to secure such 1039
financial aid; and 1040
(6) Upon such terms as the municipality determines, to furnish 1041
services or facilities, provide property, lend, grant or contribute funds 1042
and take any other action such municipality is authorized to perform for 1043
any other purposes. 1044
(c) The resiliency improvement district may be dissolved or the 1045
boundaries of such district may be modified upon the vote of the 1046
legislative body of the municipality, except that the resiliency 1047
improvement district may not be dissolved nor may the boundaries of 1048
the resiliency improvement district be decreased if any bonds or other 1049
indebtedness authorized and issued by the municipality under sections 1050
25 to 32, inclusive, of this act remain outstanding. Outstanding 1051
obligation bonds of the municipality secured solely by the full faith and 1052
credit of the municipality shall not preclude the dissolution of, or the 1053
decrease of the boundaries of, a resiliency improvement district. 1054 Substitute Bill No. 9
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(d) Two or more contiguous municipalities may enter into an 1055
interlocal agreement in accordance with sections 7-339a to 7-339l, 1056
inclusive, of the general statutes, to establish a joint resiliency 1057
improvement district and adopt a district master plan for a district that 1058
consists of contiguous properties partially located in each such 1059
municipality. Such interlocal agreement shall be adopted prior to the 1060
establishment of any such joint district and the adoption of a district 1061
master plan for such district. A joint resiliency improvement district 1062
shall be deemed established upon the concurrent approval of such 1063
district and the adoption of a district master plan by the legislative 1064
bodies of all of the municipalities participating in the interlocal 1065
agreement. 1066
(e) The interlocal agreement under which two or more contiguous 1067
municipalities establish a joint resiliency improvement district shall 1068
apportion any power, right, duty or obligation granted to, or required 1069
of, any municipality under the provisions of sections 25 to 32, inclusive, 1070
of this act among the municipalities participating in the interlocal 1071
agreement. 1072
(f) Nothing in this section shall be construed to limit the power 1073
granted to a municipality pursuant to any provision of the general 1074
statutes or any special act to offer, enter into or modify any tax 1075
abatement for real property located in a resiliency improvement district 1076
if such real property contains one or more units of affordable housing, 1077
as defined in section 8-39a of the general statutes. 1078
Sec. 25. (NEW) (Effective July 1, 2025) Prior to the establishment of a 1079
resiliency improvement district and approval of a district master plan 1080
for such district, the legislative body of the municipality, or the board of 1081
selectmen in the case of a municipality in which the legislative body is a 1082
town meeting, shall: 1083
(1) Consider whether the proposed resiliency improvement district 1084
and district master plan will contribute to the well-being of the 1085
municipality or to the betterment of the health, welfare or safety of the 1086 Substitute Bill No. 9
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inhabitants of the municipality; 1087
(2) Transmit the proposed district master plan to the planning 1088
commission of the municipality, if any, requesting a study of the 1089
proposed district master plan and a written advisory opinion, which 1090
shall include a determination on whether the proposed plan is 1091
consistent with the plan of conservation and development of the 1092
municipality adopted under section 8-23 of the general statutes, as 1093
amended by this act; 1094
(3) Hold at least one public hearing on the proposal to establish a 1095
resiliency improvement district and to adopt the proposed district 1096
master plan. Notice of the hearing shall be published not less than ten 1097
days prior to such hearing in a conspicuous place on the Internet web 1098
site of the municipality, or the municipalities acting jointly pursuant to 1099
an interlocal agreement, with the date and time such notice was so 1100
posted, and such notice shall include (A) the date, time and place of such 1101
hearing, (B) the legal description of the boundaries of the proposed 1102
resiliency improvement district, and (C) the draft district master plan, 1103
which plan shall be made available for physical review and posted 1104
electronically on the Internet web site of any applicable municipality; 1105
and 1106
(4) Determine whether the proposed resiliency improvement district 1107
meets the following conditions: 1108
(A) The district contains an area that experiences or is likely to 1109
experience adverse impacts from hazards or climate change, including, 1110
but not limited to, sea level rise, rising groundwater, extreme heat, 1111
wildfire, drought or flooding; 1112
(B) The district has been identified in a municipal hazard mitigation 1113
plan, local plan of conservation and development or regional plan of 1114
conservation and development or has been identified by another related 1115
planning process; 1116
(C) The plan demonstrates a reduction of risk in the district from such 1117 Substitute Bill No. 9
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identified adverse impacts from hazards or climate change; 1118
(D) A portion of the real property within the district shall be suitable 1119
for commercial, industrial, mixed use or retail uses or transit-oriented 1120
development; 1121
(E) In the case of existing residential use, provides for the replacement 1122
of, or renovation to, residential buildings in the district, if the district is 1123
in a flood zone or within the boundaries of sea level rise as determined 1124
by the requirements of section 25-68o of the general statutes, as 1125
amended by this act, to include a height standard of not less than two 1126
feet of freeboard above the base flood elevation, or as designated by the 1127
State Building Code or municipal building requirements, whichever 1128
imposes a greater height standard, and whether construction of or 1129
renovation to commercial or industrial buildings shall be flood-proofed 1130
or elevated; 1131
(F) Provides for vehicle access to residential buildings in the district 1132
if the district is in a flood zone or is impacted by sea level rise, pursuant 1133
to section 25-68o of the general statutes, as amended by this act, at a 1134
height of two feet above base flood elevation; 1135
(G) The proposed district will not increase the vulnerability and risk 1136
to properties adjacent to the district or increase the risk to other hazards 1137
within the district; and 1138
(H) The original assessed value of a proposed resiliency 1139
improvement district plus the original assessed value of all existing tax 1140
increment districts within the relevant municipalities may not exceed 1141
ten per cent of the total value of taxable property within the 1142
municipalities as of October first of the year immediately preceding the 1143
establishment of the tax increment district. Excluded from the 1144
calculation in this subparagraph is any tax increment district established 1145
on or after October 1, 2015, that consists entirely of contiguous property 1146
owned by a single taxpayer. For the purpose of this subdivision, 1147
"contiguous property" includes a parcel or parcels of land divided by a 1148
road, power line, railroad line or right-of-way. 1149 Substitute Bill No. 9
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Sec. 26. (NEW) (Effective July 1, 2025) (a) In connection with the 1150
establishment of a resiliency improvement district, the legislative body 1151
of a municipality shall adopt a district master plan for each resiliency 1152
improvement district and a statement of the percentage or stated sum 1153
of increased assessed value to be designated as captured assessed value 1154
in accordance with such plan. Such legislative body shall adopt such 1155
plan after receipt of a written advisory opinion from the planning 1156
commission or combined planning and zoning commission of the 1157
municipality pursuant to section 25 of this act or ninety days after such 1158
request was made, whichever is earlier. The district master plan shall be 1159
adopted at the same time that the resiliency improvement district is 1160
established as part of the resiliency improvement district adoption 1161
proceedings set forth in sections 24 to 32, inclusive, of this act. 1162
(b) The district master plan shall include: (1) The legal description of 1163
the boundaries of the resiliency improvement district; (2) a list of the tax 1164
identification numbers for all lots or parcels within the resiliency 1165
improvement district; (3) a description of the present condition and uses 1166
of all land and buildings within the resiliency improvement district and 1167
how the construction or improvement of physical facilities or structures 1168
will reduce or eliminate risk from any existing or expected hazards; (4) 1169
a description of the existing or expected hazards facing the district; (5) a 1170
description of the public facilities, improvements or programs within 1171
the resiliency improvement district anticipated to be undertaken and 1172
financed in whole or in part; (6) in the event of existing residential use 1173
within the resiliency improvement district, a plan for the rehabilitation, 1174
construction or replacement of any such existing housing in accordance 1175
with the state's consolidated plan for housing and community 1176
development prepared pursuant to section 8-37t of the general statutes 1177
and the state plan of conservation and development prepared pursuant 1178
to chapter 297 of the general statutes, which plan shall also include 1179
meaningful efforts to reduce displacement plans; (7) a financial plan in 1180
accordance with subsection (c) of this section; (8) a plan for the proposed 1181
maintenance and operation of the resiliency improvements after the 1182
improvements are completed; and (9) the maximum duration of the 1183 Substitute Bill No. 9
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resiliency improvement district, which may not exceed a total of fifty tax 1184
years beginning with the tax year in which the resiliency improvement 1185
district is established. 1186
(c) The financial plan in a district master plan shall include: (1) Cost 1187
estimates for the public improvements and developments anticipated in 1188
the district master plan; (2) cost estimates to support relocation or 1189
temporary housing for displaced residents; (3) the maximum amount of 1190
indebtedness to be incurred to implement the district master plan; (4) 1191
sources of anticipated revenues, including, but not limited to, increased 1192
savings, fees, assessments, grants or other sources; (5) a description of 1193
the terms and conditions of any agreements, including any anticipated 1194
savings agreements, assessment agreements, contracts or other 1195
obligations related to the district master plan; (6) estimates of increased 1196
assessed values and estimates of increased savings of the resiliency 1197
improvement district; and (7) the portion of the increased assessed 1198
values and increased savings to be applied to the district master plan as 1199
captured assessed values and resulting tax increments in each year of 1200
the plan. 1201
(d) The district master plan may be amended from time to time by 1202
the legislative body of each applicable municipality. Such legislative 1203
body shall review the district master plan not less than once every ten 1204
years after the initial approval of the resiliency improvement district 1205
and the district master plan in order for the resiliency improvement 1206
district and the district master plan to remain in effect, provided no such 1207
district may be dissolved for the failure to comply with this section if 1208
any bonds or other indebtedness authorized and issued by the 1209
municipality under sections 24 to 32, inclusive, of this act remain 1210
outstanding. With respect to any district master plan that includes 1211
development that is funded in whole or in part by federal funds, the 1212
provisions of this subsection shall not apply to the extent that such 1213
provisions are prohibited by federal law. 1214
Sec. 27. (NEW) (Effective July 1, 2025) (a) In the district master plan, 1215
each applicable municipality may designate all or part of the tax 1216 Substitute Bill No. 9
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increment revenues generated from the increased assessed value and all 1217
or part of any additional revenue resulting from the increased savings 1218
of a resiliency improvement district for the purpose of financing all or 1219
part of the implementation of the district master plan, and, in the case 1220
of any existing or planned residential use in such district, the percentage 1221
of such revenue necessary to rehabilitate, construct or replace dwellings 1222
for such use and to preserve, increase or improve access to affordable 1223
housing, as defined in section 8-39a of the general statutes, within the 1224
municipality, either within or adjacent to such district. The amount of 1225
tax increment revenues to be designated shall be determined by 1226
designating the captured assessed value, subject to any assessment 1227
agreements. 1228
(b) On or after the establishment of a resiliency improvement district 1229
and the adoption of a district master plan, the assessor of the 1230
municipality in which such district is located shall certify the original 1231
assessed value of the taxable real property within the boundaries of the 1232
resiliency improvement district. Each year after the establishment of a 1233
resiliency improvement district, the assessor shall certify the amount of 1234
the (1) current assessed value; (2) amount by which the current assessed 1235
value has increased or decreased from the original assessed value, 1236
subject to any assessment agreements; and (3) amount of the captured 1237
assessed value. Nothing in this subsection shall be construed to 1238
authorize the unequal apportionment or assessment of the taxes to be 1239
paid on real property in the municipality. Subject to any assessment 1240
agreements, an owner of real property within the resiliency 1241
improvement district shall pay real property taxes apportioned equally 1242
with real property taxes paid elsewhere in such municipality. 1243
(c) If a municipality has designated captured assessed value under 1244
subsection (a) of this section: 1245
(1) Each applicable municipality shall establish a district master plan 1246
fund that consists of: (A) A project cost account that is pledged to and 1247
charged with the payment of project costs that are outlined in the 1248
financial plan, including the reimbursement of project cost expenditures 1249 Substitute Bill No. 9
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incurred by a public body, which public body may be the municipality, 1250
a developer, any property owner or any other third-party entity, and 1251
that are paid in a manner other than as described in subparagraph (B) 1252
of this subdivision; and (B) in instances of indebtedness issued by the 1253
municipality in accordance with section 30 of this act to finance or 1254
refinance project costs, a development sinking fund account that is 1255
pledged to and charged with the (i) payment of the interest and 1256
principal as the interest and principal fall due, including any 1257
redemption premium; (ii) payment of the costs of providing or 1258
reimbursing any provider of any guarantee, letter of credit, policy of 1259
bond insurance or other credit enhancement device used to secure 1260
payment of debt service on any such indebtedness; and (iii) funding any 1261
required reserve fund; 1262
(2) The municipality shall annually set aside all tax increment 1263
revenues on captured assessed values and deposit all such revenues to 1264
the appropriate district master plan fund account established under 1265
subdivision (1) of this subsection in the following order of priority: (A) 1266
To the development sinking fund account, an amount sufficient, 1267
together with estimated future revenues to be deposited to the account 1268
and earnings on the amount, to satisfy all annual debt service on the 1269
indebtedness issued in accordance with section 30 of this act and the 1270
financial plan, except for general obligation bonds of the municipality 1271
secured solely by the full faith and credit of the municipality; and (B) to 1272
the project cost account, all such remaining tax increment revenues on 1273
captured assessed values; 1274
(3) The municipality shall make transfers between district master 1275
plan fund accounts established under subdivision (1) of this subsection, 1276
provided the transfers do not result in a balance in either account that is 1277
insufficient to cover the annual obligations of each respective account; 1278
(4) The municipality may, at any time during the term of the 1279
resiliency improvement district, by vote of the legislative body of the 1280
municipality, return to the municipal general fund any tax increment 1281
revenues remaining in either account established under subdivision (1) 1282 Substitute Bill No. 9
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of this subsection that exceeds those estimated to be required to satisfy 1283
the obligations of the account after taking into account any transfer 1284
made under subdivision (3) of this subsection; and 1285
(5) Any account or fund established pursuant to subdivision (1) of 1286
this subsection shall be audited annually by an independent auditor 1287
who is a public accountant licensed to practice in this state and who 1288
meets the independence standards included in generally accepted 1289
government auditing standards. A report of such audit shall be open to 1290
public inspection. Certified copies of such audit shall be provided to the 1291
State Auditors of Public Accounts. 1292
Sec. 28. (NEW) (Effective July 1, 2025) Costs authorized for payment 1293
from a district master plan fund, established pursuant to section 27 of 1294
this act shall be limited to: 1295
(1) Costs of improvements made within the resiliency improvement 1296
district, including, but not limited to, (A) capital costs, including, but not 1297
limited to, (i) the acquisition or construction of land, improvements, 1298
infrastructure, measures designed to improve resilience, environmental 1299
infrastructure, clean energy projects, public ways, parks, buildings, 1300
structures, railings, signs, landscaping, plantings, curbs, sidewalks, 1301
turnouts, recreational facilities, structured parking, transportation 1302
improvements, pedestrian improvements and other related 1303
improvements, fixtures and equipment for public or private use, (ii) the 1304
demolition, alteration, remodeling, repair or reconstruction of existing 1305
buildings, structures and fixtures, (iii) environmental remediation, (iv) 1306
site preparation and finishing work, and (v) all fees and expenses 1307
associated with the capital cost of such improvements, including, but 1308
not limited to, licensing and permitting expenses and planning, 1309
engineering, architectural, testing, legal and accounting expenses; (B) 1310
financing costs, including, but not limited to, closing costs, issuance 1311
costs, reserve funds and capitalized interest; (C) real property assembly 1312
costs; (D) costs of technical and marketing assistance programs; (E) 1313
professional service costs, including, but not limited to, licensing, 1314
architectural, planning, engineering, development and legal expenses; 1315 Substitute Bill No. 9
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(F) maintenance and operation costs; (G) administrative costs, 1316
including, but not limited to, reasonable charges for the time spent by 1317
municipal employees, other agencies or third-party entities in 1318
connection with the implementation of a district master plan; and (H) 1319
organizational costs relating to the planning and the establishment of 1320
the resiliency improvement district, including, but not limited to, the 1321
costs of conducting environmental impact and other studies and the 1322
costs of informing the public about the creation of resiliency 1323
improvement districts and the implementation of the district master 1324
plan; 1325
(2) Costs of improvements that are made outside the resiliency 1326
improvement district but are directly related to or are made necessary 1327
by the establishment or operation of the resiliency improvement district, 1328
including, but not limited to, (A) that portion of the costs reasonably 1329
related to the construction, alteration or expansion of any facilities not 1330
located within the resiliency improvement district that are required due 1331
to improvements or activities within the resiliency improvement 1332
district, including, but not limited to, roadways, traffic signalization, 1333
easements, sewage treatment plants, water treatment plants or other 1334
environmental protection devices, storm or sanitary sewer lines, water 1335
lines, electrical lines, improvements to fire stations and street signs; (B) 1336
costs of public safety and public school improvements made necessary 1337
by the establishment of the resiliency improvement district; and (C) 1338
costs of funding to mitigate any adverse impact of the resiliency 1339
improvement district upon the municipality and its constituents; and 1340
(3) Costs related to environmental improvement projects developed 1341
by the municipality related to the resiliency improvement district. 1342
Sec. 29. (NEW) (Effective July 1, 2025) (a) (1) Notwithstanding any 1343
provision of the general statutes, whenever a municipality constructs, 1344
improves, extends, equips, rehabilitates, repairs, acquires or provides a 1345
grant for any public improvements within a resiliency improvement 1346
district or finances the cost of such public improvements, the proportion 1347
of such cost or estimated cost of such public improvements and 1348 Substitute Bill No. 9
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financing thereof, as determined by the municipality, may be assessed 1349
by the municipality, as a benefit assessment, in the manner prescribed 1350
by such municipality, upon the real property within the resiliency 1351
improvement district that is benefited by such public improvements. 1352
The municipality may provide for the payment of such benefit 1353
assessments in annual installments, not exceeding fifty years, and may 1354
forgive such benefit assessments in any given year without causing the 1355
remainder of installments of benefit assessments to be forgiven. Benefit 1356
assessments on real property where buildings or structures are 1357
constructed or expanded after the initial benefit assessment may be 1358
assessed as if the new or expanded buildings or structures on such real 1359
property existed at the time of the original benefit assessment. 1360
(2) Any benefit assessment shall be adopted and revised by the 1361
municipality not less than annually and not more than sixty days before 1362
the beginning of the fiscal year. If any benefit assessment is assessed and 1363
levied prior to the acquisition or construction of the public 1364
improvements, the amount of any such assessment may be adjusted to 1365
reflect the actual cost of such public improvements, including all 1366
financing costs, once such public improvements are complete, if the 1367
actual cost is greater than or less than the estimated costs. 1368
(b) Before estimating and making a benefit assessment under 1369
subsection (a) of this section, the municipality shall hold not less than 1370
one public hearing on such municipality's schedule of benefit 1371
assessments or any revision thereof. Notice of such hearing shall be 1372
published not less than ten days before such hearing in a conspicuous 1373
place on the Internet web site of the municipality, or the municipalities 1374
acting jointly pursuant to an interlocal agreement, with the date and 1375
time such notice was posted. The notice shall include (1) the date, time 1376
and place of such hearing; (2) the boundaries of the resiliency 1377
improvement district by legal description; (3) a statement that all 1378
interested persons owning real estate or taxable property located within 1379
the resiliency improvement district will be given an opportunity to be 1380
heard at the hearing and an opportunity to file objections to the amount 1381
of the assessment; (4) the maximum rate of assessments to be increased 1382 Substitute Bill No. 9
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in any one year; and (5) a statement indicating that the proposed list of 1383
properties to be assessed and the estimated assessments against those 1384
properties are available at the city or town office or at the office of the 1385
assessor. The notice may include a maximum number of years the 1386
assessments will be levied. Not later than the date of the publication, the 1387
municipality shall make available to any member of the public, upon 1388
request, the proposed schedule of benefit assessments. The procedures 1389
for public hearing and appeal set forth in section 7-250 of the general 1390
statutes shall apply for all benefit assessments made by a municipality 1391
pursuant to this section, except that the board of finance, or the 1392
municipality's legislative body if no board of finance exists, shall be 1393
substituted for the water pollution control authority. 1394
(c) A municipality may adopt ordinances apportioning the value of 1395
improvements within a resiliency improvement district according to a 1396
formula that reflects actual benefits that accrue to the various properties 1397
because of the development and maintenance. 1398
(d) A municipality may increase assessments or extend the maximum 1399
number of years the assessments will be levied after notice and public 1400
hearing is held pursuant to subsection (b) of this section. 1401
(e) (1) Benefit assessments made under this section shall be collected 1402
and enforced in the same manner as municipal taxes unless otherwise 1403
provided in sections 24 to 32, inclusive, of this act. Benefit assessments 1404
shall be due and payable at such times as are fixed by the municipality, 1405
provided the municipality shall give notice of such due date not less 1406
than thirty days prior to such due date by publication in a conspicuous 1407
place on the Internet web site of each applicable municipality with the 1408
date and time such notice was so posted and by mailing such notice to 1409
the owners of the assessed real property at the last-known address of 1410
any such owner. All revenues from any assessment under this section 1411
shall be paid into the appropriate district master plan fund account 1412
established under subsection (c) of section 27 of this act. 1413
(2) If any property owner fails to pay any assessment or part of an 1414 Substitute Bill No. 9
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assessment on or before the date on which such assessment or part of 1415
such assessment is due, the municipality shall have all the authority and 1416
powers to collect the delinquent assessments vested in the municipality 1417
by law to collect delinquent municipal taxes. Benefit assessments, if not 1418
paid when due, shall constitute a lien upon the real property served and 1419
a charge against the owners thereof, which lien and charge shall bear 1420
interest at the same rate as delinquent property taxes. Each such lien 1421
may be continued, recorded and released in the manner provided for 1422
property tax liens and shall take precedence over all other liens or 1423
encumbrances except a lien for property taxes of the municipality. 1424
Sec. 30. (NEW) (Effective July 1, 2025) (a) For the purpose of carrying 1425
out or administering a district master plan or other functions authorized 1426
under sections 24 to 32, inclusive, of this act, a municipality is 1427
authorized, subject to the limitations and procedures set forth in this 1428
section, to issue from time to time bonds and other obligations of the 1429
municipality that are payable solely from and secured by (1) the full 1430
faith and credit pledge of the municipality; (2) a pledge of and lien upon 1431
any or all of the income, proceeds, revenues and property of the projects 1432
within the resiliency improvement district, including the proceeds of 1433
grants, loans, advances or contributions from the federal government, 1434
the state or other source; (3) all revenues derived under sections 27 and 1435
29 of this act received by the municipality; or (4) any combination of the 1436
methods in subdivisions (1) to (3), inclusive, of this subsection. Except 1437
for bonds secured by the full faith credit pledge of the municipality, 1438
bonds authorized by this section shall not be included in computing the 1439
aggregate indebtedness of the municipality. 1440
(b) Notwithstanding the provisions of any other statute, municipal 1441
ordinance or charter provision governing the authorization and 1442
issuance of bonds generally by the municipality, any bonds payable and 1443
secured as provided in this section shall be authorized by a resolution 1444
adopted by the legislative body of the municipality. Such bonds shall, 1445
as determined by the legislative body of the municipality or the 1446
municipal officers who are designated such authority by such body, (1) 1447
be issued and sold; (2) bear interest at the rate or rates determined by 1448 Substitute Bill No. 9
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the legislative body or its designee, including variable rates; (3) provide 1449
for the payment of interest on the dates determined by the legislative 1450
body or its designee, whether before or at maturity; (4) be issued at, 1451
above or below par; (5) mature at such time or times not exceeding thirty 1452
years; (6) have rank or priority; (7) be payable in such medium of 1453
payment; (8) be issued in such form, including, without limitation, 1454
registered or book-entry form, carry such registration and transfer 1455
privileges and be made subject to purchase or redemption before 1456
maturity at such price or prices and under such terms and conditions, 1457
including the condition that such bonds be subject to purchase or 1458
redemption on the demand of the owner thereof; and (9) contain such 1459
other required terms and particulars. 1460
(c) The municipality may require that the bonds issued hereunder be 1461
secured by a trust agreement by and between the municipality and a 1462
corporate trustee, which may be any trust company or bank having the 1463
powers of a trust company within the state. The trust agreement may 1464
contain covenants or provisions for protecting and enforcing the rights 1465
and remedies of the bondholders as may be necessary, reasonable or 1466
appropriate and not in violation of law or other provisions or covenants 1467
that are consistent with sections 24 to 32, inclusive, of this act and which 1468
the municipality determines in such proceedings are necessary, 1469
convenient or desirable to better secure the bonds, or will tend to make 1470
the bonds more marketable, and which are in the best interests of the 1471
municipality. The pledge by any trust agreement shall be valid and 1472
binding from time to time when the pledge is made. The revenues or 1473
other moneys so pledged and then held or thereafter received by the 1474
municipality shall immediately be subject to the lien of the pledge 1475
without any physical delivery thereof or further act and the lien of the 1476
pledge shall be valid and binding as against all parties having claims of 1477
any kind in tort, contract or otherwise against the board, irrespective of 1478
whether the parties have notice thereof. All expenses incurred in 1479
carrying out such trust agreement may be treated as project costs. In case 1480
any municipal officer whose signature or a facsimile of whose signature 1481
shall appear on any bonds or coupons shall cease to be an officer before 1482 Substitute Bill No. 9
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the delivery of the obligations, the signature or facsimile shall 1483
nevertheless be valid and sufficient for all purposes the same as if the 1484
officer had remained in office until the delivery. Notwithstanding any 1485
provision of the Uniform Commercial Code, neither this section, the 1486
resolution of the municipality approving the bonds or any trust 1487
agreement by which a pledge is created need be filed or recorded, and 1488
no filing need be made under title 42a of the general statutes. 1489
(d) While any bonds issued hereunder remain outstanding, the 1490
existence of the resiliency improvement district and the powers and 1491
duties of the municipality with respect to such resiliency improvement 1492
district shall not be diminished or impaired in any way that will affect 1493
adversely the interests and rights of the holders of the bonds. Any bonds 1494
issued by a municipality pursuant to this section, except for general 1495
obligation bonds of the municipality secured by the full faith and credit 1496
pledge of the municipality, shall contain on their face a statement to the 1497
effect that neither the state nor the municipality shall be obliged to pay 1498
the principal of or the interest thereon, and that neither the full faith and 1499
credit or taxing power of the state or the municipality is pledged to the 1500
payment of the bonds. All bonds issued under this section shall have 1501
and are hereby declared to have all the qualities and incidents of 1502
negotiable instruments, as provided in title 42a of the general statutes. 1503
(e) Any pledge made by a municipality pursuant to this section shall 1504
be valid and binding from the time when the pledge is made, and any 1505
revenues or other receipts, funds or moneys so pledged and thereafter 1506
received by the municipality shall be subject immediately to the lien of 1507
such pledge without any physical delivery thereof or further act. The 1508
lien of any such pledge shall be valid and binding as against all parties 1509
having claims of any kind in tort, contract or otherwise against the 1510
municipality, irrespective of whether such parties have notice of such 1511
lien. 1512
(f) Bonds issued under this section are hereby made securities in 1513
which all public officers and public bodies of the state and its political 1514
subdivisions, all insurance companies, trust companies, banking 1515 Substitute Bill No. 9
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associations, investment companies, executors, administrators, trustees 1516
and other fiduciaries may properly and legally invest funds, including 1517
capital in their control and belonging to them, and such bonds shall be 1518
securities that may properly and legally be deposited with and received 1519
by any state or municipal officer or any agency or political subdivision 1520
of the state for any purpose for which the deposit of bonds of the state 1521
is now or may hereafter be authorized by law. Bonds may be issued 1522
under this section without obtaining the consent of the state and without 1523
any proceedings or the happening of any other conditions or things 1524
other than those proceedings, conditions or things that are specifically 1525
required thereof by this section. 1526
(g) Nothing in this section shall be construed to restrict the ability of 1527
the municipality to raise revenue for the payment of project costs in any 1528
manner otherwise authorized by law. 1529
(h) As used in this section, "bonds" means any bonds, including 1530
refunding bonds, notes, interim certificates, debentures or other 1531
obligations. 1532
Sec. 31. (NEW) (Effective July 1, 2025) The legislative body of each 1533
applicable municipality may create an advisory board, whose members 1534
include owners or occupants of real property located in or adjacent to a 1535
resiliency improvement district. The advisory board may advise the 1536
legislative body and any designated administrative entity on the 1537
planning, construction and implementation of the district master plan 1538
and maintenance and operation of the resiliency improvement district 1539
after the district master plan is complete. 1540
Sec. 32. (NEW) (Effective July 1, 2025) (a) Within a resiliency 1541
improvement district, priority consideration shall be given in the 1542
solicitation, selection and design of infrastructure projects designed to 1543
increase resilience and that (1) utilize natural and nature-based 1544
solutions intended to restore, maintain or enhance ecosystem services 1545
and processes that maintain or improve on environmental quality in or 1546
adjacent to the district, or (2) address the needs of environmental justice 1547 Substitute Bill No. 9
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communities, as defined in section 22a-20a of the general statutes, or of 1548
vulnerable communities, as defined in section 16-243y of the general 1549
statutes. 1550
(b) To the extent that a resiliency project results in the demolition or 1551
reduction of affordable housing, as defined in section 8-39a of the 1552
general statutes, the municipality, the developer of the resiliency 1553
project, a property owner or a third-party entity shall commit to replace 1554
such affordable housing units within the district. The replacement of 1555
such affordable housing shall occur not later than four years after such 1556
demolition or reduction. If the replacement is not feasible within the 1557
district boundaries, such affordable housing shall be replaced within a 1558
reasonable proximity to the district at a rate of not less than two units 1559
for each unit that otherwise would have been replaced within the 1560
district. 1561
Sec. 33. Section 22a-50 of the general statutes is amended by adding 1562
subsection (m) as follows (Effective from passage): 1563
(NEW) (m) Not later than January 1, 2026, the commissioner shall 1564
classify all second-generation anticoagulant rodenticides for restricted 1565
use pursuant to subdivision (2) of subsection (c) of this section. For the 1566
purposes of this subsection, "second-generation anticoagulant 1567
rodenticide" means any pesticide product containing any one of the 1568
following active ingredients: (1) Brodifacoum; (2) bromadiolone; (3) 1569
difenacoum; or (4) difethialone. 1570
Sec. 34. Subsection (l) of section 22a-50 of the general statutes is 1571
repealed and the following is substituted in lieu thereof (Effective from 1572
passage): 1573
(l) (1) Not later than January 1, 2018, the commissioner shall classify 1574
all neonicotinoids, as defined in section 22-61k, that are labeled for 1575
treating plants, as restricted use pursuant to subdivision (2) of 1576
subsection (c) of this section. 1577
(2) On and after January 1, 2026, no person shall sell, possess or use 1578 Substitute Bill No. 9
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any pesticide that contains any neonicotinoid, as defined in section 22-1579
61k, except that such pesticide may be used on an agricultural plant or 1580
to eliminate an invasive invertebrate pest if the Commissioner of Energy 1581
and Environmental Protection, after consultation with the director of the 1582
Connecticut Agricultural Experiment Station, determines that no other 1583
effective control option is available. The director of the Connecticut 1584
Agricultural Experiment Station may consult with the Pesticide 1585
Advisory Council, established pursuant to subdivision (d) of section 1586
22a-65, to determine if such pesticide is the only effective control option 1587
available. For purposes of this subdivision, "agricultural plant" means 1588
any plant, or part of any plant, that is grown, maintained or otherwise 1589
produced for commercial purposes, including, but not limited to, any 1590
plant grown, maintained or otherwise produced for sale or trade, for 1591
research or experimental purposes or for use, in part or in whole, in 1592
another location such as any grain, fruit, vegetable, wood fiber or timber 1593
product, flowering or foliage plant or tree, seedling, transplant or turf 1594
grass produced for sod. "Agricultural plant" does not include any 1595
pasture or rangeland used for grazing and "invasive invertebrate pest" 1596
means any species of invertebrate, including such invertebrate's eggs or 1597
other biological material capable of propagating such species, and that: 1598
(A) Occur outside of such species' Level III ecoregion, as defined by the 1599
United States Environmental Protection Agency; and (B) are, or threaten 1600
to become, substantial pests to plants of economic importance, an 1601
environmental harm or harmful to human, animal or plant health; or (C) 1602
are species regulated or under quarantine by the Connecticut 1603
Agricultural Experiment Station pursuant to section 22-84a or the 1604
United States Department of Agriculture's Animal and Plant Health 1605
Inspection Service's Plant Protection and Quarantine Program. 1606
(3) The Commissioner of Energy and Environmental Protection may 1607
assess a civil penalty of not more than two thousand five hundred 1608
dollars to any person who violates the provisions of subdivision (2) of 1609
this subsection for each such violation. 1610
(4) The provisions of subdivision (2) of this subsection shall not apply 1611
to any neonicotinoid that is not labeled for use on plants, including, but 1612 Substitute Bill No. 9
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not limited to, neonicotinoids labeled for use in pet care, veterinary use 1613
or indoor or structural pest control. 1614
Sec. 35. Section 8-2f of the general statutes is repealed. (Effective July 1615
1, 2025) 1616
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2026 New section
Sec. 2 July 1, 2026 New section
Sec. 3 July 1, 2025 New section
Sec. 4 July 1, 2025 20-327c
Sec. 5 July 1, 2025 New section
Sec. 6 October 1, 2025 22a-109(b)
Sec. 7 October 1, 2025 22a-109(d)
Sec. 8 from passage New section
Sec. 9 July 1, 2025 25-68o(a)
Sec. 10 July 1, 2025 New section
Sec. 11 July 1, 2025 7-364
Sec. 12 July 1, 2025 13a-175a(a)
Sec. 13 July 1, 2025 8-23(d) to (f)
Sec. 14 July 1, 2025 8-23(i)
Sec. 15 July 1, 2025 8-35a(a) and (b)
Sec. 16 July 1, 2025 16a-27(h)
Sec. 17 July 1, 2025 28-5(h)
Sec. 18 October 1, 2025 8-2(b) and (c)
Sec. 19 from passage 8-1a(b)
Sec. 20 July 1, 2025 8-2e
Sec. 21 July 1, 2025 New section
Sec. 22 July 1, 2025 New section
Sec. 23 July 1, 2025 New section
Sec. 24 July 1, 2025 New section
Sec. 25 July 1, 2025 New section
Sec. 26 July 1, 2025 New section
Sec. 27 July 1, 2025 New section
Sec. 28 July 1, 2025 New section
Sec. 29 July 1, 2025 New section
Sec. 30 July 1, 2025 New section
Sec. 31 July 1, 2025 New section Substitute Bill No. 9
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Sec. 32 July 1, 2025 New section
Sec. 33 from passage 22a-50(m)
Sec. 34 from passage 22a-50(l)
Sec. 35 July 1, 2025 Repealer section
ENV Joint Favorable Subst.