Connecticut 2025 2025 Regular Session

Connecticut Senate Bill SB01187 Comm Sub / Bill

Filed 03/31/2025

                     
 
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General Assembly  Substitute Bill No. 1187  
January Session, 2025 
 
 
 
 
 
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general statutes are repealed and the following is substituted in lieu 2 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 
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  Substitute Bill No. 1187 
 
 
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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 foreclosed unless the principal for all such liens upon such 28 
owner-occupied real estate exceeds three thousand dollars or three 29 
years have elapsed from the date any such lien was filed and such lien 30 
remains unpaid, except such restriction shall not apply if a tax or other 31 
municipal lien is foreclosed in the same action against such real estate. 32 
(c) [Any] (1) Except as provided in subdivision (2) of this subsection, 33 
any municipality, by resolution of its legislative body, may assign, for 34 
consideration, any and all liens filed by the tax collector to secure unpaid 35 
sewer assessments as provided under the provisions of this chapter. The 36 
consideration received by the municipality shall be negotiated between 37 
the municipality and the assignee. 38 
(2) In the case of one or more liens filed by the tax collector to secure 39 
unpaid assessments, as described in subdivision (1) of this subsection, 40 
upon any owner-occupied real estate, no such lien or liens may be 41 
assigned unless the principal for all such liens upon such owner-42 
occupied real estate exceeds three thousand dollars or three years have 43 
elapsed from the date any such lien was filed and such lien remains 44 
unpaid, except such restriction shall not apply if a tax or other municipal 45 
lien upon such real estate is also assigned. 46 
Sec. 2. Subsections (a) and (b) of section 7-258 of the general statutes 47 
are repealed and the following is substituted in lieu thereof (Effective 48 
October 1, 2025, and applicable to actions filed on or after October 1, 2025): 49  Substitute Bill No. 1187 
 
 
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(a) (1) Any charge for connection with or for the use of a sewerage 50 
system, not paid within thirty days of the due date, shall thereupon be 51 
delinquent and shall bear interest from the due date at the rate and in 52 
the manner provided by the general statutes for delinquent property 53 
taxes. Each addition of interest shall be collectible as a part of such 54 
connection or use charge. Any such unpaid connection or use charge 55 
shall constitute a lien upon the real estate against which such charge was 56 
levied from the date it became delinquent. Each such lien may be 57 
continued, recorded and released in the manner provided by the general 58 
statutes for continuing, recording and releasing property tax liens. Each 59 
such lien shall take precedence over all other liens and encumbrances 60 
except taxes and may be foreclosed in the same manner as a lien for 61 
property taxes in accordance with subdivision (2) of this subsection. The 62 
municipality may by ordinance designate the tax collector or any other 63 
person as collector of sewerage system connection and use charges and 64 
such collector of sewerage system connection and use charges may 65 
collect such charges in accordance with the provisions of the general 66 
statutes for the collection of property taxes. The municipality may 67 
recover any such charges in a civil action against any person liable 68 
therefor. For the purpose of establishing or revising such connection or 69 
use charges and for the purpose of collecting such charges any 70 
municipality may enter into agreements with any water company or 71 
municipal water department furnishing water in such municipality for 72 
the purchase from such water company or municipal water department 73 
of information or services and such agreement may designate such 74 
water company or municipal water department as a billing or collecting 75 
agent of the collector of sewerage system connection and use charges in 76 
the municipality. Any water company or municipal water department 77 
may enter into and fulfill any such agreements and may utilize for the 78 
collection of such charges any of the methods utilized by it for the 79 
collection of its water charges. 80 
(2) In the case of one or more liens for any unpaid connection or use 81 
charge, as described in subdivision (1) of this subsection, upon any 82 
owner-occupied real estate, no such lien or liens may be foreclosed 83  Substitute Bill No. 1187 
 
 
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unless the principal for all such liens upon such owner-occupied real 84 
estate exceeds three thousand dollars or three years have elapsed from 85 
the date any such lien was filed and such lien remains unpaid, except 86 
such restriction shall not apply if a tax or other municipal lien is 87 
foreclosed in the same action against such real estate. 88 
(b) [Any] (1) Except as provided in subdivision (2) of this subsection, 89 
any municipality, by resolution of its legislative body, may assign, for 90 
consideration, any and all liens filed by the tax collector or collector of 91 
sewerage system connection and use charges to secure unpaid sewerage 92 
connection and use charges as provided under the provisions of this 93 
chapter. The consideration received by the municipality shall be 94 
negotiated between the municipality and the assignee. 95 
(2) In the case of one or more liens filed by the tax collector or collector 96 
of sewerage system connection and use charges to secure unpaid 97 
sewerage connection and use charges, as described in subdivision (1) of 98 
this subsection, upon any owner-occupied real estate, no such lien or 99 
liens may be assigned unless the principal for all such liens upon such 100 
owner-occupied real estate exceeds three thousand dollars or three 101 
years have elapsed from the date any such lien was filed and such lien 102 
remains unpaid, except such restriction shall not apply if a tax or other 103 
municipal lien upon such real estate is also assigned. 104 
Sec. 3. Section 22a-506 of the general statutes is repealed and the 105 
following is substituted in lieu thereof (Effective October 1, 2025, and 106 
applicable to actions filed on or after October 1, 2025): 107 
(a) An authority may (1) levy and collect benefit assessments upon 108 
the lands and buildings within its jurisdiction that, in its judgment, are 109 
especially benefited by a wastewater system; (2) establish, revise and 110 
collect rates, fees, charges, penalties and assessments for the use and 111 
benefits of a wastewater system; and (3) order the owner of any building 112 
which is accessible to a wastewater system to connect to such system, all 113 
in the manner provided in sections 7-249 to 7-257, inclusive, and sections 114 
22a-416 to 22a-599, inclusive. 115  Substitute Bill No. 1187 
 
 
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(b) (1) Any assessment of benefits, including any installment thereof, 116 
and any charge, fee, fine or other amount that is not paid within thirty 117 
days after the due date shall be delinquent, shall be subject to interest 118 
and shall constitute a lien upon the premises served and a charge upon 119 
the owner thereof all in the manner provided both by the provisions of 120 
the general statutes for delinquent property taxes and by section 7-258, 121 
as amended by this act. The rules and regulations of the authority may 122 
provide for the discontinuance of water pollution control service for 123 
nonpayment of taxes, special assessments, fees, rates, penalties or other 124 
charges therefor imposed under sections 22a-500 to 22a-519, inclusive. 125 
Such lien shall take precedence over all other liens or encumbrances 126 
except taxes and may be foreclosed against the lot or building served, in 127 
accordance with subdivision (2) of this subsection, in the same manner 128 
as a lien for taxes, provided all such liens shall continue until such time 129 
as they shall be discharged or foreclosed by the authority without the 130 
necessity of filing certificates of continuation, but in no event for longer 131 
than ten years. The authority may institute a civil action against such 132 
owner to recover the amount of any such fee or charge which remains 133 
due and unpaid for thirty days along with interest thereon at the same 134 
rate as unpaid taxes and with reasonable attorneys' fees, provided no 135 
foreclosure to recover such amount may be instituted against the owner 136 
of an owner-occupied premises unless the principal for such amount 137 
exceeds three thousand dollars or three years have elapsed from the 138 
date any such lien was filed and such lien remains unpaid, except such 139 
restriction shall not apply if a tax or other municipal lien is foreclosed in 140 
the same action against such real estate. 141 
(2) In the case of one or more liens for any assessment of benefits and 142 
any charge, fee, fine or other amount that is not paid within thirty days 143 
after the due date, as described in subdivision (1) of this subsection, 144 
upon any owner-occupied premises served, no such lien or liens may be 145 
foreclosed unless the principal for all such liens upon such owner-146 
occupied premises served exceeds three thousand dollars or three years 147 
have elapsed from the date any such lien was filed and such lien remains 148 
unpaid, except such restriction shall not apply if a tax or other municipal 149  Substitute Bill No. 1187 
 
 
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lien is foreclosed in the same action against such real estate. 150 
Sec. 4. Subsection (a) of section 49-92o of the general statutes is 151 
repealed and the following is substituted in lieu thereof (Effective October 152 
1, 2025, and applicable to actions filed on or after October 1, 2025): 153 
(a) [Any] (1) Except as provided in subdivision (2) of this subsection, 154 
any regional sewer authority established under an act of the General 155 
Assembly, may assign, for consideration, any and all liens filed by such 156 
regional sewer authority to secure unpaid sewer assessments or 157 
connection or use charges of the authority. The consideration received 158 
by the authority shall be negotiated between the authority and the 159 
assignee. 160 
(2) In the case of one or more liens filed by a regional sewer authority 161 
to secure unpaid sewer assessment or connection or use charges of the 162 
authority, as described in subdivision (1) of this subsection, upon any 163 
owner-occupied real estate, no such lien or liens may be assigned unless 164 
the principal for all such liens upon such owner-occupied real estate 165 
exceeds three thousand dollars or three years have elapsed from the 166 
date any such lien was filed and such lien remains unpaid, except such 167 
restriction shall not apply if a tax or other municipal lien upon such real 168 
estate is also assigned. 169 
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)  Substitute Bill No. 1187 
 
 
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PD Joint Favorable Subst.