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General Assembly Raised Bill No. 1187
January Session, 2025
LCO No. 3736
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND OTHER
ENFORCEMENT ACTIONS FOR UNPAID SEWER ASSESSMENTS
AND OTHER FEES AND CHARGES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (a) to (c), inclusive, of section 7-254 of the 1
general statutes are repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2025, and applicable to actions filed on or after 3
October 1, 2025): 4
(a) Any assessment of benefits or any installment thereof, not paid 5
within thirty days after the due date, shall be delinquent and shall be 6
subject to interest from such due date at the interest rate and in the 7
manner provided by the general statutes for delinquent property taxes. 8
Each addition of interest shall be collectible as a part of such assessment. 9
(b) (1) Whenever any installment of an assessment becomes 10
delinquent, the interest on such delinquent installment shall be as 11
provided in subsection (a) of this section or five dollars, whichever is 12
greater. Any unpaid assessment and any interest due thereon shall 13
constitute a lien upon the real estate against which the assessment was 14
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levied from the date of such levy. Each such lien may be continued, 15
recorded and released in the manner provided by the general statutes 16
for continuing, recording and releasing property tax liens. Each such 17
lien shall take precedence over all other liens and encumbrances except 18
taxes and may be enforced, in accordance with subdivision (2) of this 19
subsection, in the same manner as property tax liens. The tax collector 20
of the municipality may collect such assessments in accordance with any 21
mandatory provision of the general statutes for the collection of 22
property taxes and the municipality may recover any such assessment 23
in a civil action against any person liable therefor. 24
(2) In the case of one or more liens for any unpaid assessment and 25
any interest due thereon, as described in subdivision (1) of this 26
subsection, upon any owner-occupied real estate, no such lien or liens 27
may be enforced unless the principal for all such liens upon such owner-28
occupied real estate exceeds three thousand dollars or three years have 29
elapsed from the date any such lien was filed and such lien remains 30
unpaid. 31
(c) [Any] (1) Except as provided in subdivision (2) of this subsection, 32
any municipality, by resolution of its legislative body, may assign, for 33
consideration, any and all liens filed by the tax collector to secure unpaid 34
sewer assessments as provided under the provisions of this chapter. The 35
consideration received by the municipality shall be negotiated between 36
the municipality and the assignee. 37
(2) In the case of one or more liens filed by the tax collector to secure 38
unpaid assessments, as described in subdivision (1) of this subsection, 39
upon any owner-occupied real estate, no such lien or liens may be 40
assigned unless the principal for all such liens upon such owner-41
occupied real estate exceeds three thousand dollars or three years have 42
elapsed from the date any such lien was filed and such lien remains 43
unpaid. 44
Sec. 2. Subsections (a) and (b) of section 7-258 of the general statutes 45
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are repealed and the following is substituted in lieu thereof (Effective 46
October 1, 2025, and applicable to actions filed on or after October 1, 2025): 47
(a) (1) Any charge for connection with or for the use of a sewerage 48
system, not paid within thirty days of the due date, shall thereupon be 49
delinquent and shall bear interest from the due date at the rate and in 50
the manner provided by the general statutes for delinquent property 51
taxes. Each addition of interest shall be collectible as a part of such 52
connection or use charge. Any such unpaid connection or use charge 53
shall constitute a lien upon the real estate against which such charge was 54
levied from the date it became delinquent. Each such lien may be 55
continued, recorded and released in the manner provided by the general 56
statutes for continuing, recording and releasing property tax liens. Each 57
such lien shall take precedence over all other liens and encumbrances 58
except taxes and may be foreclosed in the same manner as a lien for 59
property taxes in accordance with subdivision (2) of this subsection. The 60
municipality may by ordinance designate the tax collector or any other 61
person as collector of sewerage system connection and use charges and 62
such collector of sewerage system connection and use charges may 63
collect such charges in accordance with the provisions of the general 64
statutes for the collection of property taxes. The municipality may 65
recover any such charges in a civil action against any person liable 66
therefor. For the purpose of establishing or revising such connection or 67
use charges and for the purpose of collecting such charges any 68
municipality may enter into agreements with any water company or 69
municipal water department furnishing water in such municipality for 70
the purchase from such water company or municipal water department 71
of information or services and such agreement may designate such 72
water company or municipal water department as a billing or collecting 73
agent of the collector of sewerage system connection and use charges in 74
the municipality. Any water company or municipal water department 75
may enter into and fulfill any such agreements and may utilize for the 76
collection of such charges any of the methods utilized by it for the 77
collection of its water charges. 78
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(2) In the case of one or more liens for any unpaid connection or use 79
charge, as described in subdivision (1) of this subsection, upon any 80
owner-occupied real estate, no such lien or liens may be foreclosed 81
unless the principal for all such liens upon such owner-occupied real 82
estate exceeds three thousand dollars or three years have elapsed from 83
the date any such lien was filed and such lien remains unpaid. 84
(b) [Any] (1) Except as provided in subdivision (2) of this subsection, 85
any municipality, by resolution of its legislative body, may assign, for 86
consideration, any and all liens filed by the tax collector or collector of 87
sewerage system connection and use charges to secure unpaid sewerage 88
connection and use charges as provided under the provisions of this 89
chapter. The consideration received by the municipality shall be 90
negotiated between the municipality and the assignee. 91
(2) In the case of one or more liens filed by the tax collector or collector 92
of sewerage system connection and use charges to secure unpaid 93
sewerage connection and use charges, as described in subdivision (1) of 94
this subsection, upon any owner-occupied real estate, no such lien or 95
liens may be assigned unless the principal for all such liens upon such 96
owner-occupied real estate exceeds three thousand dollars or three 97
years have elapsed from the date any such lien was filed and such lien 98
remains unpaid. 99
Sec. 3. Section 22a-506 of the general statutes is repealed and the 100
following is substituted in lieu thereof (Effective October 1, 2025, and 101
applicable to actions filed on or after October 1, 2025): 102
(a) An authority may (1) levy and collect benefit assessments upon 103
the lands and buildings within its jurisdiction that, in its judgment, are 104
especially benefited by a wastewater system; (2) establish, revise and 105
collect rates, fees, charges, penalties and assessments for the use and 106
benefits of a wastewater system; and (3) order the owner of any building 107
which is accessible to a wastewater system to connect to such system, all 108
in the manner provided in sections 7-249 to 7-257, inclusive, and sections 109
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22a-416 to 22a-599, inclusive. 110
(b) (1) Any assessment of benefits, including any installment thereof, 111
and any charge, fee, fine or other amount that is not paid within thirty 112
days after the due date shall be delinquent, shall be subject to interest 113
and shall constitute a lien upon the premises served and a charge upon 114
the owner thereof all in the manner provided both by the provisions of 115
the general statutes for delinquent property taxes and by section 7-258, 116
as amended by this act. The rules and regulations of the authority may 117
provide for the discontinuance of water pollution control service for 118
nonpayment of taxes, special assessments, fees, rates, penalties or other 119
charges therefor imposed under sections 22a-500 to 22a-519, inclusive. 120
Such lien shall take precedence over all other liens or encumbrances 121
except taxes and may be foreclosed against the lot or building served, in 122
accordance with subdivision (2) of this subsection, in the same manner 123
as a lien for taxes, provided all such liens shall continue until such time 124
as they shall be discharged or foreclosed by the authority without the 125
necessity of filing certificates of continuation, but in no event for longer 126
than ten years. The authority may institute a civil action against such 127
owner to recover the amount of any such fee or charge which remains 128
due and unpaid for thirty days along with interest thereon at the same 129
rate as unpaid taxes and with reasonable attorneys' fees, provided no 130
such civil action to recover such amount may be instituted against the 131
owner of an owner-occupied premises unless the principal for such 132
amount exceeds three thousand dollars or three years have elapsed from 133
the date any such lien was filed and such lien remains unpaid. 134
(2) In the case of one or more liens for any assessment of benefits and 135
any charge, fee, fine or other amount that is not paid within thirty days 136
after the due date, as described in subdivision (1) of this subsection, 137
upon any owner-occupied premises served, no such lien or liens may be 138
foreclosed unless the principal for all such liens upon such owner-139
occupied premises served exceeds three thousand dollars or three years 140
have elapsed from the date any such lien was filed and such lien remains 141
unpaid. 142
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Sec. 4. Subsection (a) of section 49-92o of the general statutes is 143
repealed and the following is substituted in lieu thereof (Effective October 144
1, 2025, and applicable to actions filed on or after October 1, 2025): 145
(a) [Any] (1) Except as provided in subdivision (2) of this subsection, 146
any regional sewer authority established under an act of the General 147
Assembly, may assign, for consideration, any and all liens filed by such 148
regional sewer authority to secure unpaid sewer assessments or 149
connection or use charges of the authority. The consideration received 150
by the authority shall be negotiated between the authority and the 151
assignee. 152
(2) In the case of one or more liens filed by a regional sewer authority 153
to secure unpaid sewer assessment or connection or use charges of the 154
authority, as described in subdivision (1) of this subsection, upon any 155
owner-occupied real estate, no such lien or liens may be assigned unless 156
the principal for all such liens upon such owner-occupied real estate 157
exceeds three thousand dollars or three years have elapsed from the 158
date any such lien was filed and such lien remains unpaid. 159
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025, and
applicable to actions filed
on or after October 1, 2025
7-254(a) to (c)
Sec. 2 October 1, 2025, and
applicable to actions filed
on or after October 1, 2025
7-258(a) and (b)
Sec. 3 October 1, 2025, and
applicable to actions filed
on or after October 1, 2025
22a-506
Sec. 4 October 1, 2025, and
applicable to actions filed
on or after October 1, 2025
49-92o(a)
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Statement of Purpose:
To prohibit foreclosure, assignment and other enforcement actions for
unpaid sewer assessments and other fees and charges in the case of
owner-occupied real property for which the principal of such unpaid
assessments, fees and charges is less than three thousand dollars unless
three years have elapsed from the date any lien was filed and such lien
remains unpaid.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]