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3 | 3 | | LCO No. 4390 1 of 52 |
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4 | 4 | | |
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5 | 5 | | General Assembly Governor’s Bill No. 1245 |
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6 | 6 | | January Session, 2025 |
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7 | 7 | | LCO No. 4390 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on ENVIRONMENT |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | Request of the Governor Pursuant |
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15 | 15 | | to Joint Rule 9 |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | AN ACT ESTABLISHING A RESILIENT CONNECTICUT STRATEGY. |
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22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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23 | 23 | | Assembly convened: |
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24 | 24 | | |
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25 | 25 | | Section 1. (NEW) (Effective July 1, 2026) (a) At the time an individual 1 |
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26 | 26 | | applies for personal risk insurance, as defined in section 38a-663 of the 2 |
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27 | 27 | | general statutes, excluding private passenger nonfleet automobile 3 |
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28 | 28 | | insurance, an insurance producer or surplus lines broker shall disclose 4 |
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29 | 29 | | to the individual the availability of flood insurance coverage. Such 5 |
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30 | 30 | | disclosure shall be in writing and provide an explanation of the option 6 |
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31 | 31 | | to purchase flood insurance through the National Flood Insurance 7 |
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32 | 32 | | Program established by the National Flood Insurance Act of 1968 or 8 |
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33 | 33 | | insurers that provide private flood coverage. The producer or surplus 9 |
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34 | 34 | | lines broker shall obtain a written acknowledgment from the individual 10 |
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35 | 35 | | of receipt of such flood insurance disclosure and whether the individual 11 |
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36 | 36 | | declined to purchase flood insurance for the subject property. 12 |
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37 | 37 | | (b) Each insurance company that delivers, issues for delivery or 13 |
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38 | 38 | | renews a personal risk insurance policy, as defined in section 38a-663 of 14 |
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39 | 39 | | the general statutes, excluding private passenger nonfleet automobile 15 |
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40 | 40 | | Governor’s Bill No. 1245 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LCO No. 4390 2 of 52 |
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45 | 45 | | |
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46 | 46 | | insurance, shall include on the declarations page of such policy the 16 |
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47 | 47 | | following notice, printed in capital letters and boldface type: 17 |
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48 | 48 | | NOTICE: 18 |
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49 | 49 | | FLOOD COVERAGE IS NOT PROVIDED UNDER THIS 19 |
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50 | 50 | | INSURANCE POLICY 20 |
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51 | 51 | | Sec. 2. (NEW) (Effective July 1, 2026) (a) Not later than the date of 21 |
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52 | 52 | | closing in a mortgage loan transaction, each creditor, as defined in 22 |
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53 | 53 | | section 49-6a of the general statutes, shall notify the mortgage loan 23 |
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54 | 54 | | applicant, in writing, that: (1) Standard homeowners insurance policies 24 |
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55 | 55 | | do not cover flood damage and related losses; (2) flood damage to 25 |
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56 | 56 | | property may occur regardless of whether the real property is located in 26 |
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57 | 57 | | a designated flood zone; and (3) the applicant may wish to consult a 27 |
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58 | 58 | | licensed insurance producer or surplus lines broker concerning the 28 |
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59 | 59 | | availability and benefits of obtaining flood insurance. 29 |
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60 | 60 | | (b) The notice required by subsection (a) of this section shall be 30 |
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61 | 61 | | written in plain language and signed and dated by the mortgage loan 31 |
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62 | 62 | | applicant to acknowledge receipt of such notice. Each creditor shall keep 32 |
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63 | 63 | | and maintain a copy of such notice with the mortgage loan applicant's 33 |
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64 | 64 | | mortgage records. 34 |
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65 | 65 | | Sec. 3. (NEW) (Effective July 1, 2025) (a) Each person required to 35 |
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66 | 66 | | provide a written residential condition report in accordance with section 36 |
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67 | 67 | | 20-327b of the general statutes shall concomitantly complete and 37 |
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68 | 68 | | provide to the prospective purchaser a flood disclosure notice, as 38 |
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69 | 69 | | prescribed by the Commissioner of Consumer Protection in accordance 39 |
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70 | 70 | | with the provisions of subsection (b) of this section. Such flood 40 |
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71 | 71 | | disclosure notice required by this section shall be provided for 41 |
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72 | 72 | | transactions occurring on or after July 1, 2026. 42 |
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73 | 73 | | (b) On or before June 15, 2026, the Commissioner of Consumer 43 |
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74 | 74 | | Protection, in consultation with the Department of Energy and 44 |
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75 | 75 | | Environmental Protection, the Insurance Department, the Department 45 |
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76 | 76 | | Governor’s Bill No. 1245 |
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77 | 77 | | |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LCO No. 4390 3 of 52 |
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81 | 81 | | |
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82 | 82 | | of Housing, industry representatives and housing advocacy 46 |
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83 | 83 | | organizations, shall develop a flood disclosure notice, to be prepared in 47 |
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84 | 84 | | a format prescribed by the commissioner. Such notice shall include, but 48 |
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85 | 85 | | need not be limited to, the following: (1) Whether the property is located 49 |
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86 | 86 | | in a Federal Emergency Management Agency designated floodplain; (2) 50 |
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87 | 87 | | whether the property is located in whole or in part in the Special Flood 51 |
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88 | 88 | | Hazard Area according to the Federal Emergency Management 52 |
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89 | 89 | | Agency's current flood insurance rate maps for the area; (3) whether the 53 |
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90 | 90 | | property is located in whole or in part in a moderate risk flood hazard 54 |
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91 | 91 | | area; (4) whether the property is subject to any requirement under 55 |
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92 | 92 | | federal law to obtain and maintain flood insurance on the property; (5) 56 |
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93 | 93 | | whether the seller has received assistance, or is aware of any previous 57 |
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94 | 94 | | owners receiving assistance, from the Federal Emergency Management 58 |
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95 | 95 | | Agency, the United States Small Business Administration or any other 59 |
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96 | 96 | | federal or state disaster assistance for flood damage to the property; (6) 60 |
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97 | 97 | | whether there is flood insurance on the property; (7) whether there is a 61 |
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98 | 98 | | Federal Emergency Management Agency elevation certificate available; 62 |
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99 | 99 | | (8) whether the seller has ever filed a claim for flood damage to the 63 |
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100 | 100 | | property with any insurance provider, including the National Flood 64 |
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101 | 101 | | Insurance Program; (9) whether the structure has experienced any water 65 |
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102 | 102 | | penetration or damage due to seepage or a natural flood event; and (10) 66 |
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103 | 103 | | any other information required by the commissioner. 67 |
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104 | 104 | | (c) Notwithstanding the provisions of subdivision (3) of subsection 68 |
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105 | 105 | | (b) of section 20-327b, transfers of newly constructed residential real 69 |
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106 | 106 | | property for which an implied warranty is provided under chapter 827 70 |
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107 | 107 | | of the general statutes shall be subject to the provisions of this section. 71 |
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108 | 108 | | The seller shall provide the flood disclosure notice required by this 72 |
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109 | 109 | | section at the time such seller would have otherwise been required to 73 |
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110 | 110 | | provide the report described in section 20-327b of the general statutes 74 |
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111 | 111 | | had such exemption not existed. 75 |
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112 | 112 | | Sec. 4. Section 20-327c of the general statutes is repealed and the 76 |
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113 | 113 | | following is substituted in lieu thereof (Effective July 1, 2025): 77 |
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114 | 114 | | Governor’s Bill No. 1245 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LCO No. 4390 4 of 52 |
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119 | 119 | | |
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120 | 120 | | (a) On or after [January 1, 1996] July 1, 2026, every agreement to 78 |
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121 | 121 | | purchase residential real estate, for which a written residential condition 79 |
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122 | 122 | | report is, or written residential condition reports are, required pursuant 80 |
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123 | 123 | | to section 20-327b, or a flood disclosure notice is required pursuant to 81 |
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124 | 124 | | section 1 of this act, shall include a requirement that the seller credit the 82 |
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125 | 125 | | purchaser with the sum of five hundred dollars at closing should the 83 |
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126 | 126 | | seller fail to furnish the written residential condition report or reports as 84 |
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127 | 127 | | required by sections 20-327b to 20-327e, inclusive, or the flood 85 |
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128 | 128 | | disclosure report required by section 3 of this act. 86 |
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129 | 129 | | (b) No seller who credits a purchaser pursuant to subsection (a) of 87 |
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130 | 130 | | this section shall, by reason of such credit, be excused from disclosing to 88 |
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131 | 131 | | the purchaser any defect in the residential real estate if such defect: 89 |
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132 | 132 | | (1) Is subject to disclosure pursuant to section 20-327b or section 3 of 90 |
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133 | 133 | | this act; 91 |
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134 | 134 | | (2) Is within the seller's actual knowledge of such residential real 92 |
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135 | 135 | | estate; and 93 |
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136 | 136 | | (3) Significantly impairs (A) the value of such residential real estate, 94 |
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137 | 137 | | (B) the health or safety of future occupants of such residential real estate, 95 |
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138 | 138 | | or (C) the useful life of such residential real estate. 96 |
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139 | 139 | | (c) A purchaser may, without limiting any other remedies available 97 |
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140 | 140 | | to the purchaser, bring a civil action in the judicial district in which the 98 |
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141 | 141 | | residential real estate is located to recover actual damages from a seller 99 |
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142 | 142 | | who fails to disclose to such purchaser any defect described in 100 |
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143 | 143 | | subsection (b) of this section. 101 |
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144 | 144 | | Sec. 5. (NEW) (Effective July 1, 2025) (a) A landlord shall provide each 102 |
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145 | 145 | | tenant that leases real property from the landlord with a flood disclosure 103 |
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146 | 146 | | notice as prescribed by the Commissioner of Consumer Protection in 104 |
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147 | 147 | | accordance with subsection (b) of this section. The notice required by 105 |
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148 | 148 | | this section shall be provided for rental agreements executed or renewed 106 |
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149 | 149 | | on or after July 1, 2026, and shall be provided to the tenant prior to the 107 |
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150 | 150 | | Governor’s Bill No. 1245 |
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151 | 151 | | |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | LCO No. 4390 5 of 52 |
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155 | 155 | | |
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156 | 156 | | execution or renewal of the rental agreement. 108 |
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157 | 157 | | (b) On or before June 15, 2026, the Commissioner of Consumer 109 |
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158 | 158 | | Protection, in consultation with the Department of Energy and 110 |
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159 | 159 | | Environmental Protection, the Connecticut Insurance Department, the 111 |
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160 | 160 | | Department of Housing, industry representatives and housing 112 |
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161 | 161 | | advocacy organizations, shall develop a flood disclosure notice with 113 |
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162 | 162 | | respect to the rental of real property, to be prepared in a format 114 |
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163 | 163 | | prescribed by the commissioner. Such notice shall include, but need not 115 |
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164 | 164 | | be limited to, the following information for the leased premises: (1) 116 |
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165 | 165 | | Whether the leased premises are located in a Federal Emergency 117 |
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166 | 166 | | Management Agency designated floodplain; (2) whether the leased 118 |
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167 | 167 | | premises are located in whole or in part in the Special Flood Hazard 119 |
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168 | 168 | | Area according to the Federal Emergency Management Agency 's 120 |
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169 | 169 | | current flood insurance rate maps for the area; (3) whether the leased 121 |
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170 | 170 | | premises are located in whole or in part in a moderate risk flood hazard 122 |
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171 | 171 | | area; (4) whether the leased premises are subject to any requirement 123 |
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172 | 172 | | under federal law to obtain and maintain flood insurance on the 124 |
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173 | 173 | | property; (5) whether the landlord, or any tenant of the landlord with 125 |
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174 | 174 | | respect to the leased premises, has received assistance, or is aware of 126 |
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175 | 175 | | any previous owners or tenants receiving assistance, from the Federal 127 |
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176 | 176 | | Emergency Management Agency, the United States Small Business 128 |
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177 | 177 | | Administration or any other federal or state disaster assistance for flood 129 |
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178 | 178 | | damage to the leased premises; (6) whether there is a Federal Emergency 130 |
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179 | 179 | | Management Agency elevation certificate available; (7) whether the 131 |
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180 | 180 | | landlord, or any tenant of the landlord with respect to the leased 132 |
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181 | 181 | | premises, has ever filed a claim for flood damage to the property with 133 |
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182 | 182 | | any insurer, including the National Flood Insurance Program; (8) 134 |
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183 | 183 | | whether the leased premises have experienced any flood damage, water 135 |
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184 | 184 | | seepage or pooled water due to a flood event and, if so, how many times; 136 |
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185 | 185 | | (9) whether the landlord has actual knowledge that the leased premises 137 |
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186 | 186 | | containing the rental premises has been subjected to flooding; and (10) 138 |
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187 | 187 | | any other information required by the commissioner. 139 |
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188 | 188 | | (c) Every rental agreement for residential property in this state shall 140 |
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189 | 189 | | Governor’s Bill No. 1245 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | |
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193 | 193 | | LCO No. 4390 6 of 52 |
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194 | 194 | | |
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195 | 195 | | contain the following notice to tenants: "Flood insurance may be 141 |
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196 | 196 | | available to renters through FEMA's National Flood Insurance Program 142 |
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197 | 197 | | to cover your personal property and contents in the event of a flood. A 143 |
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198 | 198 | | standard renter's insurance policy does not typically cover flood 144 |
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199 | 199 | | damage. You are encouraged to examine your policy to determine 145 |
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200 | 200 | | whether you are covered." 146 |
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201 | 201 | | (d) For purposes of this section, "leased premises" means any portion 147 |
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202 | 202 | | of the property to which the tenant is granted access pursuant to the 148 |
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203 | 203 | | rental agreement, including, but not limited to, common areas and 149 |
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204 | 204 | | parking areas. 150 |
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205 | 205 | | (e) The Commissioner of Consumer Protection may impose a fine of 151 |
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206 | 206 | | not more than one thousand dollars for each occurrence of a violation of 152 |
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207 | 207 | | this section. 153 |
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208 | 208 | | Sec. 6. Subsection (b) of section 22a-109 of the general statutes is 154 |
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209 | 209 | | repealed and the following is substituted in lieu thereof (Effective October 155 |
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210 | 210 | | 1, 2025): 156 |
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211 | 211 | | (b) The zoning commission may by regulation exempt any or all of 157 |
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212 | 212 | | the following uses from the coastal site plan review requirements of this 158 |
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213 | 213 | | chapter: (1) Minor additions to or modifications of existing buildings or 159 |
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214 | 214 | | detached accessory buildings, such as garages and utility sheds; (2) 160 |
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215 | 215 | | construction of new or modification of existing structures incidental to 161 |
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216 | 216 | | the enjoyment and maintenance of residential property including but 162 |
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217 | 217 | | not limited to walks, terraces, elevated decks, driveways, swimming 163 |
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218 | 218 | | pools, tennis courts, docks and detached accessory buildings; (3) 164 |
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219 | 219 | | construction of new or modification of existing on-premise structures 165 |
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220 | 220 | | including fences, walls, pedestrian walks and terraces, underground 166 |
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221 | 221 | | utility connections, essential electric, gas, telephone, water and sewer 167 |
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222 | 222 | | service lines, signs and such other minor structures as will not 168 |
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223 | 223 | | substantially alter the natural character of coastal resources or restrict 169 |
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224 | 224 | | access along the public beach; [(4) construction of an individual single-170 |
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225 | 225 | | family residential structure except when such structure is located on an 171 |
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226 | 226 | | Governor’s Bill No. 1245 |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | |
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230 | 230 | | LCO No. 4390 7 of 52 |
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231 | 231 | | |
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232 | 232 | | island not connected to the mainland by an existing road bridge or 172 |
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233 | 233 | | causeway or except when such structure is in or within one hundred 173 |
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234 | 234 | | feet of the following coastal resource areas: Tidal wetlands, coastal 174 |
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235 | 235 | | bluffs and escarpments and beaches and dunes; (5)] (4) activities 175 |
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236 | 236 | | conducted for the specific purpose of conserving or preserving soil, 176 |
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237 | 237 | | vegetation, water, fish, shellfish, wildlife and other coastal land and 177 |
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238 | 238 | | water resources; [(6)] (5) interior modifications to buildings; and [(7)] (6) 178 |
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239 | 239 | | minor changes in use of a building, structure or property except those 179 |
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240 | 240 | | changes occurring on property adjacent to or abutting coastal waters. 180 |
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241 | 241 | | Gardening, grazing and the harvesting of crops shall be exempt from 181 |
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242 | 242 | | the requirements of this chapter. Notwithstanding the provisions of this 182 |
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243 | 243 | | subsection, shoreline flood and erosion control structures as defined in 183 |
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244 | 244 | | subsection (c) of this section shall not be exempt from the requirements 184 |
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245 | 245 | | of this chapter. 185 |
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246 | 246 | | Sec. 7. Subsection (d) of section 22a-109 of the general statutes is 186 |
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247 | 247 | | repealed and the following is substituted in lieu thereof (Effective October 187 |
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248 | 248 | | 1, 2025): 188 |
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249 | 249 | | (d) A copy of each coastal site plan submitted for any shoreline flood 189 |
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250 | 250 | | and erosion control structure, any activity proposed within a FEMA-190 |
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251 | 251 | | designated V, VE, A, AE or Limit of Moderate Wave Action (LiMWA) 191 |
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252 | 252 | | area, or any site that contains tidal wetlands, beaches or dunes shall be 192 |
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253 | 253 | | referred to the Commissioner of Energy and Environmental Protection 193 |
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254 | 254 | | within fifteen days of its receipt by the zoning commission or zoning 194 |
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255 | 255 | | board of appeals. The day of receipt shall be determined in accordance 195 |
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256 | 256 | | with subsection (c) of section 8-7d. The commissioner may comment on 196 |
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257 | 257 | | and make recommendations on such plans. Such comments and 197 |
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258 | 258 | | recommendations shall be submitted to the zoning commission or 198 |
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259 | 259 | | zoning board of appeals within thirty-five days of the date of receipt of 199 |
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260 | 260 | | the coastal site plan by the commissioner and shall be considered by the 200 |
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261 | 261 | | zoning commission or zoning board of appeals before final action on the 201 |
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262 | 262 | | plan. If the commissioner fails to comment on a plan within the thirty-202 |
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263 | 263 | | five-day period or any extension granted by the zoning commission or 203 |
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264 | 264 | | zoning board of appeals, the zoning commission or zoning board of 204 |
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265 | 265 | | Governor’s Bill No. 1245 |
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266 | 266 | | |
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267 | 267 | | |
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268 | 268 | | |
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269 | 269 | | LCO No. 4390 8 of 52 |
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270 | 270 | | |
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271 | 271 | | appeals may take final action on such plan. Failure to comment by the 205 |
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272 | 272 | | commissioner shall not be construed to be approval or disapproval. 206 |
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273 | 273 | | Sec. 8. (NEW) (Effective from passage) For projects that have not begun 207 |
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274 | 274 | | construction by December 1, 2025, no state entity shall use state funds, 208 |
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275 | 275 | | from any source, and no recipient of state funds or a federal grant or 209 |
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276 | 276 | | loan provided through a state agency shall use any such money, from 210 |
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277 | 277 | | any source, to directly subsidize the construction of any new residential 211 |
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278 | 278 | | structure or reconstruction of a residential structure that increases the 212 |
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279 | 279 | | finished habitable living space within a residential structure when such 213 |
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280 | 280 | | structure is located within the floodway or within the coastal high 214 |
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281 | 281 | | hazard areas, including Coastal AE, VE and V zones, and Limit of 215 |
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282 | 282 | | Moderate Wave Action (LiMWA) areas, as defined by the Federal 216 |
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283 | 283 | | Emergency Management Agency or on repetitive-loss properties, 217 |
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284 | 284 | | provided such prohibition shall not preclude reconstruction of any 218 |
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285 | 285 | | existing residential structure for the sole purpose of bringing the 219 |
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286 | 286 | | structure into Federal Emergency Management Agency compliance or 220 |
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287 | 287 | | work performed on an area of property that is outside of the floodway 221 |
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288 | 288 | | or the coastal high hazard areas, including Coastal AE, VE and V zones, 222 |
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289 | 289 | | and Limit of Moderate Wave Action (LiMWA) areas, as defined by the 223 |
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290 | 290 | | Federal Emergency Management Agency. 224 |
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291 | 291 | | Sec. 9. Subsection (a) of section 25-68o of the general statutes is 225 |
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292 | 292 | | repealed and the following is substituted in lieu thereof (Effective July 1, 226 |
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293 | 293 | | 2025): 227 |
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294 | 294 | | (a) (1) On and after October 1, 2019, in the preparation of any 228 |
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295 | 295 | | municipal evacuation plan or hazard mitigation plan, such municipality 229 |
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296 | 296 | | shall consider the most recent sea level change scenario updated 230 |
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297 | 297 | | pursuant to subsection (b) of this section. 231 |
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298 | 298 | | (2) On and after October 1, 2025, any such municipal evacuation or 232 |
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299 | 299 | | hazard mitigation plan shall identify and address (A) threats to surface 233 |
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300 | 300 | | transportation, critical infrastructure and local land uses as a result of 234 |
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301 | 301 | | such sea level change, and (B) actions, strategies and capital projects to 235 |
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302 | 302 | | Governor’s Bill No. 1245 |
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303 | 303 | | |
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304 | 304 | | |
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305 | 305 | | |
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306 | 306 | | LCO No. 4390 9 of 52 |
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307 | 307 | | |
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308 | 308 | | avoid or reduce the impacts and risks resulting from climate change, 236 |
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309 | 309 | | including, but not limited to, increased precipitation, flooding, sea level 237 |
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310 | 310 | | rise and extreme heat. Any such surface transportation, critical 238 |
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311 | 311 | | infrastructure, local land uses, actions, strategies and capital projects 239 |
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312 | 312 | | shall be identified in geospatial data, as applicable, in addition to being 240 |
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313 | 313 | | identified in such plan, and such data shall be made available to the 241 |
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314 | 314 | | Commissioner of Emergency Services and Public Protection, the 242 |
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315 | 315 | | Commissioner of Transportation and the Secretary of the Office of 243 |
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316 | 316 | | Policy and Management upon request. Such geospatial data shall be 244 |
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317 | 317 | | produced in the plane coordinate system, as described in section 13a-245 |
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318 | 318 | | 255. Such work may be conducted on a regional basis. 246 |
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319 | 319 | | Sec. 10. (NEW) (Effective July 1, 2025) On or before October 1, 2026, 247 |
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320 | 320 | | and annually thereafter, each municipality shall submit a geospatial 248 |
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321 | 321 | | data file of each culvert and bridge within the control and boundaries of 249 |
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322 | 322 | | such municipality to the regional council of governments of which it is 250 |
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323 | 323 | | a member in a form and manner prescribed by the Office of Policy and 251 |
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324 | 324 | | Management, in consultation with the Departments of Transportation 252 |
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325 | 325 | | and Energy and Environmental Protection. Such geospatial data shall 253 |
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326 | 326 | | be produced and provided in the plane coordinate system, as described 254 |
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327 | 327 | | in section 13a-255 of the general statutes. Such data file shall include, but 255 |
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328 | 328 | | need not be limited to, geospatial data pertaining to each culvert and 256 |
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329 | 329 | | bridge, the locational coordinates of each culvert and bridge, the age and 257 |
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330 | 330 | | dimensions of each culvert and bridge and any additional information 258 |
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331 | 331 | | deemed necessary by the Office of Policy and Management, in 259 |
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332 | 332 | | consultation with the Departments of Transportation and Energy and 260 |
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333 | 333 | | Environmental Protection. On or before December 1, 2026, and annually 261 |
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334 | 334 | | thereafter, each regional council of governments shall: (1) Submit such 262 |
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335 | 335 | | geospatial data file to the Secretary of the Office of Policy and 263 |
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336 | 336 | | Management, and (2) report each municipality that failed to provide 264 |
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337 | 337 | | such geospatial data file. 265 |
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338 | 338 | | Sec. 11. Section 7-364 of the general statutes is repealed and the 266 |
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339 | 339 | | following is substituted in lieu thereof (Effective July 1, 2025): 267 |
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340 | 340 | | Governor’s Bill No. 1245 |
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341 | 341 | | |
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342 | 342 | | |
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343 | 343 | | |
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344 | 344 | | LCO No. 4390 10 of 52 |
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345 | 345 | | |
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346 | 346 | | Upon the recommendation of the budget-making authority and 268 |
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347 | 347 | | approval by the legislative body, any part or the whole of such fund 269 |
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348 | 348 | | may be used for (1) capital and nonrecurring expenditures, but such use 270 |
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349 | 349 | | shall be restricted to the financing of all or part of the planning, 271 |
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350 | 350 | | construction, reconstruction or acquisition of any specific capital 272 |
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351 | 351 | | improvement, including, but not limited to, planning, construction, 273 |
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352 | 352 | | reconstruction or acquisition intended to increase the resiliency of a 274 |
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353 | 353 | | capital improvement against the impacts of climate change, including, 275 |
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354 | 354 | | but not limited to, increased precipitation, flooding, sea level rise and 276 |
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355 | 355 | | extreme heat, or the acquisition of any specific item of equipment, (2) 277 |
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356 | 356 | | costs associated with a property tax revaluation, and (3) costs associated 278 |
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357 | 357 | | with the preparation, amendment or adoption of a plan of conservation 279 |
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358 | 358 | | and development pursuant to section 8-23, as amended by this act. 280 |
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359 | 359 | | Upon the approval of any such expenditure, an appropriation shall be 281 |
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360 | 360 | | set up, plainly designated for the project, acquisition, revaluation or 282 |
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361 | 361 | | plan of conservation and development for which it has been authorized, 283 |
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362 | 362 | | and such unexpended appropriation may be continued until such 284 |
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363 | 363 | | project, acquisition, revaluation or plan of conservation and 285 |
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364 | 364 | | development is completed. Any unexpended portion of such 286 |
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365 | 365 | | appropriation remaining after such completion shall revert to said 287 |
---|
366 | 366 | | reserve fund. 288 |
---|
367 | 367 | | Sec. 12. Subsection (a) of section 13a-175a of the general statutes is 289 |
---|
368 | 368 | | repealed and the following is substituted in lieu thereof (Effective July 1, 290 |
---|
369 | 369 | | 2025): 291 |
---|
370 | 370 | | (a) For each fiscal year there shall be allocated twelve million five 292 |
---|
371 | 371 | | hundred thousand dollars out of the funds appropriated to the 293 |
---|
372 | 372 | | Department of Transportation, or from any other source, not otherwise 294 |
---|
373 | 373 | | prohibited by law, to be used by the towns (1) for the construction, 295 |
---|
374 | 374 | | reconstruction, improvement [or] and maintenance of highways, 296 |
---|
375 | 375 | | sections of highways, bridges [or] and structures incidental to highways 297 |
---|
376 | 376 | | and bridges, [or the improvement thereof,] including (A) construction, 298 |
---|
377 | 377 | | reconstruction, improvements and maintenance intended to increase 299 |
---|
378 | 378 | | resiliency against increased precipitation, flooding, sea level rise and 300 |
---|
379 | 379 | | Governor’s Bill No. 1245 |
---|
380 | 380 | | |
---|
381 | 381 | | |
---|
382 | 382 | | |
---|
383 | 383 | | LCO No. 4390 11 of 52 |
---|
384 | 384 | | |
---|
385 | 385 | | extreme heat, and (B) the plowing of snow, the sanding of icy 301 |
---|
386 | 386 | | pavements, the trimming and removal of trees, the installation, 302 |
---|
387 | 387 | | replacement and maintenance of traffic signs, signals and markings, (2) 303 |
---|
388 | 388 | | for traffic control and vehicular safety programs, traffic and parking 304 |
---|
389 | 389 | | planning and administration, and other purposes and programs related 305 |
---|
390 | 390 | | to highways, traffic and parking, and (3) for the purposes of providing 306 |
---|
391 | 391 | | and operating essential public transportation services and related 307 |
---|
392 | 392 | | facilities. 308 |
---|
393 | 393 | | Sec. 13. Subsections (d) to (f), inclusive, of section 8-23 of the general 309 |
---|
394 | 394 | | statutes are repealed and the following is substituted in lieu thereof 310 |
---|
395 | 395 | | (Effective July 1, 2025): 311 |
---|
396 | 396 | | (d) In preparing such plan, the commission or any special committee 312 |
---|
397 | 397 | | shall consider the following: (1) The community development action 313 |
---|
398 | 398 | | plan of the municipality, if any, (2) the need for affordable housing, (3) 314 |
---|
399 | 399 | | the need for protection of existing and potential public surface and 315 |
---|
400 | 400 | | ground drinking water supplies, (4) the use of cluster development and 316 |
---|
401 | 401 | | other development patterns to the extent consistent with soil types, 317 |
---|
402 | 402 | | terrain and infrastructure capacity within the municipality, (5) the state 318 |
---|
403 | 403 | | plan of conservation and development adopted pursuant to chapter 297, 319 |
---|
404 | 404 | | (6) the regional plan of conservation and development adopted 320 |
---|
405 | 405 | | pursuant to section 8-35a, as amended by this act, (7) physical, social, 321 |
---|
406 | 406 | | economic and governmental conditions and trends, (8) the needs of the 322 |
---|
407 | 407 | | municipality including, but not limited to, human resources, education, 323 |
---|
408 | 408 | | health, housing, recreation, social services, public utilities, public 324 |
---|
409 | 409 | | protection, transportation and circulation and cultural and 325 |
---|
410 | 410 | | interpersonal communications, (9) the objectives of energy-efficient 326 |
---|
411 | 411 | | patterns of development, the use of solar and other renewable forms of 327 |
---|
412 | 412 | | energy and energy conservation, (10) protection and preservation of 328 |
---|
413 | 413 | | agriculture, (11) the most recent sea level change scenario updated 329 |
---|
414 | 414 | | pursuant to subsection (b) of section 25-68o, [and] (12) the need for 330 |
---|
415 | 415 | | technology infrastructure in the municipality, and (13) for any such plan 331 |
---|
416 | 416 | | adopted on or after October 1, 2026, the most recent hazard and climate 332 |
---|
417 | 417 | | projections established by federal and state authorities, including, but 333 |
---|
418 | 418 | | Governor’s Bill No. 1245 |
---|
419 | 419 | | |
---|
420 | 420 | | |
---|
421 | 421 | | |
---|
422 | 422 | | LCO No. 4390 12 of 52 |
---|
423 | 423 | | |
---|
424 | 424 | | not limited to, the National Oceanic and Atmospheric Administration, 334 |
---|
425 | 425 | | the Federal Emergency Management Agency, the United States 335 |
---|
426 | 426 | | Environmental Protection Agency and The University of Connecticut. 336 |
---|
427 | 427 | | (e) (1) [Such] Any such plan of conservation and development 337 |
---|
428 | 428 | | adopted prior to October 1, 2026, shall (A) be a statement of policies, 338 |
---|
429 | 429 | | goals and standards for the physical and economic development of the 339 |
---|
430 | 430 | | municipality, (B) provide for a system of principal thoroughfares, 340 |
---|
431 | 431 | | parkways, bridges, streets, sidewalks, multipurpose trails and other 341 |
---|
432 | 432 | | public ways as appropriate, (C) be designed to promote, with the 342 |
---|
433 | 433 | | greatest efficiency and economy, the coordinated development of the 343 |
---|
434 | 434 | | municipality and the general welfare and prosperity of its people and 344 |
---|
435 | 435 | | identify areas where it is feasible and prudent (i) to have compact, 345 |
---|
436 | 436 | | transit accessible, pedestrian-oriented mixed use development patterns 346 |
---|
437 | 437 | | and land reuse, and (ii) to promote such development patterns and land 347 |
---|
438 | 438 | | reuse, (D) recommend the most desirable use of land within the 348 |
---|
439 | 439 | | municipality for residential, recreational, commercial, industrial, 349 |
---|
440 | 440 | | conservation, agricultural and other purposes and include a map 350 |
---|
441 | 441 | | showing such proposed land uses, (E) recommend the most desirable 351 |
---|
442 | 442 | | density of population in the several parts of the municipality, (F) note 352 |
---|
443 | 443 | | any inconsistencies with the following growth management principles: 353 |
---|
444 | 444 | | (i) Redevelopment and revitalization of commercial centers and areas of 354 |
---|
445 | 445 | | mixed land uses with existing or planned physical infrastructure; (ii) 355 |
---|
446 | 446 | | expansion of housing opportunities and design choices to accommodate 356 |
---|
447 | 447 | | a variety of household types and needs; (iii) concentration of 357 |
---|
448 | 448 | | development around transportation nodes and along major 358 |
---|
449 | 449 | | transportation corridors to support the viability of transportation 359 |
---|
450 | 450 | | options and land reuse; (iv) conservation and restoration of the natural 360 |
---|
451 | 451 | | environment, cultural and historical resources and existing farmlands; 361 |
---|
452 | 452 | | (v) protection of environmental assets critical to public health and 362 |
---|
453 | 453 | | safety; and (vi) integration of planning across all levels of government 363 |
---|
454 | 454 | | to address issues on a local, regional and state-wide basis, (G) make 364 |
---|
455 | 455 | | provision for the development of housing opportunities, including 365 |
---|
456 | 456 | | opportunities for multifamily dwellings, consistent with soil types, 366 |
---|
457 | 457 | | Governor’s Bill No. 1245 |
---|
458 | 458 | | |
---|
459 | 459 | | |
---|
460 | 460 | | |
---|
461 | 461 | | LCO No. 4390 13 of 52 |
---|
462 | 462 | | |
---|
463 | 463 | | terrain and infrastructure capacity, for all residents of the municipality 367 |
---|
464 | 464 | | and the planning region in which the municipality is located, as 368 |
---|
465 | 465 | | designated by the Secretary of the Office of Policy and Management 369 |
---|
466 | 466 | | under section 16a-4a, (H) promote housing choice and economic 370 |
---|
467 | 467 | | diversity in housing, including housing for both low and moderate 371 |
---|
468 | 468 | | income households, and encourage the development of housing which 372 |
---|
469 | 469 | | will meet the housing needs identified in the state's consolidated plan 373 |
---|
470 | 470 | | for housing and community development prepared pursuant to section 374 |
---|
471 | 471 | | 8-37t and in the housing component and the other components of the 375 |
---|
472 | 472 | | state plan of conservation and development prepared pursuant to 376 |
---|
473 | 473 | | chapter 297, and (I) consider allowing older adults and persons with a 377 |
---|
474 | 474 | | disability the ability to live in their homes and communities whenever 378 |
---|
475 | 475 | | possible. Such plan may: (i) Permit home sharing in single-family zones 379 |
---|
476 | 476 | | between up to four adult persons of any age with a disability or who are 380 |
---|
477 | 477 | | sixty years of age or older, whether or not related, who receive 381 |
---|
478 | 478 | | supportive services in the home; (ii) allow accessory apartments for 382 |
---|
479 | 479 | | persons with a disability or persons sixty years of age or older, or their 383 |
---|
480 | 480 | | caregivers, in all residential zones, subject to municipal zoning 384 |
---|
481 | 481 | | regulations concerning design and long-term use of the principal 385 |
---|
482 | 482 | | property after it is no longer in use by such persons; and (iii) expand the 386 |
---|
483 | 483 | | definition of "family" in single-family zones to allow for accessory 387 |
---|
484 | 484 | | apartments for persons sixty years of age or older, persons with a 388 |
---|
485 | 485 | | disability or their caregivers. In preparing such plan the commission 389 |
---|
486 | 486 | | shall consider focusing development and revitalization in areas with 390 |
---|
487 | 487 | | existing or planned physical infrastructure. 391 |
---|
488 | 488 | | (2) Any such plan of conservation and development adopted on or 392 |
---|
489 | 489 | | after October 1, 2026, shall (A) be a statement of policies, goals and 393 |
---|
490 | 490 | | standards for the physical and economic development of the 394 |
---|
491 | 491 | | municipality; (B) provide for a system of principal thoroughfares, 395 |
---|
492 | 492 | | parkways, bridges, streets, sidewalks, multipurpose trails and other 396 |
---|
493 | 493 | | public ways as appropriate; (C) be designed to promote, with the 397 |
---|
494 | 494 | | greatest efficiency and economy, the coordinated development of the 398 |
---|
495 | 495 | | municipality and the general welfare and prosperity of its people and 399 |
---|
496 | 496 | | Governor’s Bill No. 1245 |
---|
497 | 497 | | |
---|
498 | 498 | | |
---|
499 | 499 | | |
---|
500 | 500 | | LCO No. 4390 14 of 52 |
---|
501 | 501 | | |
---|
502 | 502 | | identify areas where it is feasible and prudent (i) to have compact, 400 |
---|
503 | 503 | | transit-accessible, pedestrian-oriented mixed use development patterns 401 |
---|
504 | 504 | | and land reuse, and (ii) to promote such development patterns and land 402 |
---|
505 | 505 | | reuse; (D) (i) include a climate change vulnerability assessment, based 403 |
---|
506 | 506 | | on information from sources described in section 13 of this act, which 404 |
---|
507 | 507 | | shall consist of an assessment of existing and anticipated threats to and 405 |
---|
508 | 508 | | vulnerabilities of the municipality that are associated with natural 406 |
---|
509 | 509 | | disasters, hazards and climate change, including, but not limited to, 407 |
---|
510 | 510 | | increased temperatures, drought, flooding, wildfire, storm damage and 408 |
---|
511 | 511 | | sea level rise, and the impacts such disasters and hazards may have on 409 |
---|
512 | 512 | | individuals, communities, institutions, businesses, economic 410 |
---|
513 | 513 | | development, public infrastructure and facilities, public health, safety 411 |
---|
514 | 514 | | and welfare, (ii) identify goals, policies and techniques to avoid or 412 |
---|
515 | 515 | | reduce such threats, vulnerabilities and impacts, and (iii) include a 413 |
---|
516 | 516 | | statement describing any consistencies and inconsistencies identified 414 |
---|
517 | 517 | | between such assessment and any existing or proposed municipal 415 |
---|
518 | 518 | | natural hazard mitigation plan, floodplain management plan, 416 |
---|
519 | 519 | | comprehensive emergency operations plan, emergency response plan, 417 |
---|
520 | 520 | | post-disaster recovery plan, long-range transportation plan or capital 418 |
---|
521 | 521 | | improvement plan in the municipality, and identify and recommend, 419 |
---|
522 | 522 | | where necessary, the integration of data from such assessment into any 420 |
---|
523 | 523 | | such plans and any actions necessary to achieve consistency and 421 |
---|
524 | 524 | | coordination between such assessment and any such plans; (E) 422 |
---|
525 | 525 | | recommend the most desirable use of land within the municipality for 423 |
---|
526 | 526 | | residential, recreational, commercial, industrial, conservation, 424 |
---|
527 | 527 | | agricultural and other purposes and include a map showing such 425 |
---|
528 | 528 | | proposed land uses which considers the threats, vulnerabilities and 426 |
---|
529 | 529 | | impacts identified in the climate change vulnerability assessment 427 |
---|
530 | 530 | | conducted pursuant to subparagraph (D)(i) of this subdivision; (F) 428 |
---|
531 | 531 | | recommend the most desirable density of population in the several parts 429 |
---|
532 | 532 | | of the municipality; (G) note any inconsistencies with the following 430 |
---|
533 | 533 | | growth management principles: (i) Redevelopment and revitalization of 431 |
---|
534 | 534 | | commercial centers and areas of mixed land uses with existing or 432 |
---|
535 | 535 | | planned physical infrastructure; (ii) expansion of housing opportunities 433 |
---|
536 | 536 | | Governor’s Bill No. 1245 |
---|
537 | 537 | | |
---|
538 | 538 | | |
---|
539 | 539 | | |
---|
540 | 540 | | LCO No. 4390 15 of 52 |
---|
541 | 541 | | |
---|
542 | 542 | | and design choices to accommodate a variety of household types and 434 |
---|
543 | 543 | | needs; (iii) concentration of development around transportation nodes 435 |
---|
544 | 544 | | and along major transportation corridors to support the viability of 436 |
---|
545 | 545 | | transportation options and land reuse and reduction of vehicle mileage; 437 |
---|
546 | 546 | | (iv) conservation and restoration of the natural environment, cultural 438 |
---|
547 | 547 | | and historical resources and existing farmlands; (v) protection of 439 |
---|
548 | 548 | | environmental assets critical to public health and safety; and (vi) 440 |
---|
549 | 549 | | integration of planning across all levels of government to address issues 441 |
---|
550 | 550 | | on a local, regional and state-wide basis; (H) make provision for the 442 |
---|
551 | 551 | | development of housing opportunities, including opportunities for 443 |
---|
552 | 552 | | multifamily dwellings, consistent with soil types, terrain and 444 |
---|
553 | 553 | | infrastructure capacity, for all residents of the municipality and the 445 |
---|
554 | 554 | | planning region in which the municipality is located, as designated by 446 |
---|
555 | 555 | | the Secretary of the Office of Policy and Management pursuant to 447 |
---|
556 | 556 | | section 16a-4a; (I) promote housing choice and economic diversity in 448 |
---|
557 | 557 | | housing, including housing for both low and moderate income 449 |
---|
558 | 558 | | households, and encourage the development of housing which will 450 |
---|
559 | 559 | | meet the housing needs identified in the state's consolidated plan for 451 |
---|
560 | 560 | | housing and community development prepared pursuant to section 8-452 |
---|
561 | 561 | | 37t and in the housing component and the other components of the state 453 |
---|
562 | 562 | | plan of conservation and development prepared pursuant to chapter 454 |
---|
563 | 563 | | 297; (J) consider allowing older adults and persons with disabilities the 455 |
---|
564 | 564 | | ability to live in their homes and communities whenever possible; (K) 456 |
---|
565 | 565 | | identify infrastructure, including, but not limited to, facilities, public 457 |
---|
566 | 566 | | utilities and roadways, that is critical for evacuation purposes and 458 |
---|
567 | 567 | | sustaining quality of life during a natural disaster, and that shall be 459 |
---|
568 | 568 | | maintained at all times in an operational state; (L) identify strategies and 460 |
---|
569 | 569 | | design standards that may be implemented to avoid or reduce risks 461 |
---|
570 | 570 | | associated with natural disasters, hazards and climate change; and (M) 462 |
---|
571 | 571 | | include geospatial data utilized in preparing such plan or that is 463 |
---|
572 | 572 | | necessary to convey information in such plan. Any such plan may: (i) 464 |
---|
573 | 573 | | Permit home sharing in single-family zones between up to four adult 465 |
---|
574 | 574 | | persons of any age with a disability or who are sixty years of age or 466 |
---|
575 | 575 | | older, whether or not related, who receive supportive services in the 467 |
---|
576 | 576 | | Governor’s Bill No. 1245 |
---|
577 | 577 | | |
---|
578 | 578 | | |
---|
579 | 579 | | |
---|
580 | 580 | | LCO No. 4390 16 of 52 |
---|
581 | 581 | | |
---|
582 | 582 | | home; (ii) allow accessory apartments for persons with a disability or 468 |
---|
583 | 583 | | persons sixty years of age or older, or their caregivers, in all residential 469 |
---|
584 | 584 | | zones, subject to municipal zoning regulations concerning design and 470 |
---|
585 | 585 | | long-term use of the principal property after it is no longer in use by 471 |
---|
586 | 586 | | such persons; (iii) expand the definition of "family" in single-family 472 |
---|
587 | 587 | | zones to allow for accessory apartments for persons sixty years of age or 473 |
---|
588 | 588 | | older, persons with a disability or their caregivers; and (iv) identify one 474 |
---|
589 | 589 | | or more areas that are vulnerable to the impacts of climate change for 475 |
---|
590 | 590 | | the purpose of prioritizing funding for infrastructure needs and 476 |
---|
591 | 591 | | resiliency planning. In preparing such plan the commission shall 477 |
---|
592 | 592 | | consider focusing development and revitalization in areas with existing 478 |
---|
593 | 593 | | or planned physical infrastructure. The commission or any special 479 |
---|
594 | 594 | | committee may utilize information and data from any natural hazard 480 |
---|
595 | 595 | | mitigation plan, floodplain management plan, comprehensive 481 |
---|
596 | 596 | | emergency operations plan, emergency response plan, post-disaster 482 |
---|
597 | 597 | | recovery plan, long-range transportation plan, climate vulnerability 483 |
---|
598 | 598 | | assessment or resilience plan in the preparation of such plan of 484 |
---|
599 | 599 | | conservation and development, including a document coordinated by 485 |
---|
600 | 600 | | the applicable regional council of governments, provided such 486 |
---|
601 | 601 | | information and data shall not be incorporated by reference, but 487 |
---|
602 | 602 | | summarized and applied in such plan to the specific policies, goals and 488 |
---|
603 | 603 | | standards of the subject municipality. 489 |
---|
604 | 604 | | [(2)] (3) For any municipality that is contiguous to Long Island Sound, 490 |
---|
605 | 605 | | such plan shall be (A) consistent with the municipal coastal program 491 |
---|
606 | 606 | | requirements of sections 22a-101 to 22a-104, inclusive, (B) made with 492 |
---|
607 | 607 | | reasonable consideration for restoration and protection of the ecosystem 493 |
---|
608 | 608 | | and habitat of Long Island Sound, and (C) designed to reduce hypoxia, 494 |
---|
609 | 609 | | pathogens, toxic contaminants and floatable debris in Long Island 495 |
---|
610 | 610 | | Sound. 496 |
---|
611 | 611 | | (f) Such plan may show the commission's and any special 497 |
---|
612 | 612 | | committee's recommendation for (1) conservation and preservation of 498 |
---|
613 | 613 | | traprock and other ridgelines, (2) airports, parks, playgrounds and other 499 |
---|
614 | 614 | | public grounds, (3) the general location, relocation and improvement of 500 |
---|
615 | 615 | | Governor’s Bill No. 1245 |
---|
616 | 616 | | |
---|
617 | 617 | | |
---|
618 | 618 | | |
---|
619 | 619 | | LCO No. 4390 17 of 52 |
---|
620 | 620 | | |
---|
621 | 621 | | schools and other public buildings, (4) the general location and extent 501 |
---|
622 | 622 | | of public utilities and terminals, whether publicly or privately owned, 502 |
---|
623 | 623 | | for water, light, power, transit and other purposes, (5) the extent and 503 |
---|
624 | 624 | | location of public housing projects, (6) programs for the implementation 504 |
---|
625 | 625 | | of the plan, including (A) a schedule, (B) a budget for public capital 505 |
---|
626 | 626 | | projects, (C) a program for enactment and enforcement of zoning and 506 |
---|
627 | 627 | | subdivision controls, building and housing codes and safety 507 |
---|
628 | 628 | | regulations, (D) plans for implementation of affordable housing, (E) 508 |
---|
629 | 629 | | plans for open space acquisition and greenways protection and 509 |
---|
630 | 630 | | development, and (F) plans for corridor management areas along 510 |
---|
631 | 631 | | limited access highways or rail lines, designated under section 16a-27, 511 |
---|
632 | 632 | | as amended by this act, (7) proposed priority funding areas, (8) a land 512 |
---|
633 | 633 | | use program that will promote the reduction and avoidance of risks 513 |
---|
634 | 634 | | associated with natural disasters, hazards and climate change, 514 |
---|
635 | 635 | | including, but not limited to, increased temperatures, drought, flooding, 515 |
---|
636 | 636 | | wildfire, hurricanes and sea level rise, (9) a program for the transfer of 516 |
---|
637 | 637 | | development rights, which establishes criteria for sending and receiving 517 |
---|
638 | 638 | | sites and technical details for the program consistent with the provisions 518 |
---|
639 | 639 | | of section 8-2e, as amended by this act, (10) identification of resiliency 519 |
---|
640 | 640 | | improvement districts, as defined in section 23 of this act, and [(8)] (11) 520 |
---|
641 | 641 | | any other recommendations as will, in the commission's or any special 521 |
---|
642 | 642 | | committee's judgment, be beneficial to the municipality. The plan may 522 |
---|
643 | 643 | | include any necessary and related maps, explanatory material, 523 |
---|
644 | 644 | | photographs, charts or other pertinent data and information relative to 524 |
---|
645 | 645 | | the past, present and future trends of the municipality. 525 |
---|
646 | 646 | | Sec. 14. Subsection (i) of section 8-23 of the general statutes is repealed 526 |
---|
647 | 647 | | and the following is substituted in lieu thereof (Effective July 1, 2025): 527 |
---|
648 | 648 | | (i) (1) After completion of the public hearing, the commission may 528 |
---|
649 | 649 | | revise the plan and may adopt the plan or any part thereof or 529 |
---|
650 | 650 | | amendment thereto by a single resolution or may, by successive 530 |
---|
651 | 651 | | resolutions, adopt parts of the plan and amendments thereto. 531 |
---|
652 | 652 | | (2) Any plan, section of a plan or recommendation in the plan that is 532 |
---|
653 | 653 | | Governor’s Bill No. 1245 |
---|
654 | 654 | | |
---|
655 | 655 | | |
---|
656 | 656 | | |
---|
657 | 657 | | LCO No. 4390 18 of 52 |
---|
658 | 658 | | |
---|
659 | 659 | | not endorsed in the report of the legislative body or, in the case of a 533 |
---|
660 | 660 | | municipality for which the legislative body is a town meeting or 534 |
---|
661 | 661 | | representative town meeting, by the board of selectmen, of the 535 |
---|
662 | 662 | | municipality may only be adopted by the commission by a vote of not 536 |
---|
663 | 663 | | less than two-thirds of all the members of the commission. 537 |
---|
664 | 664 | | (3) Upon adoption by the commission, any plan or part thereof or 538 |
---|
665 | 665 | | amendment thereto shall become effective at a time established by the 539 |
---|
666 | 666 | | commission, provided notice thereof shall be published in a newspaper 540 |
---|
667 | 667 | | having a general circulation in the municipality prior to such effective 541 |
---|
668 | 668 | | date. 542 |
---|
669 | 669 | | (4) Not more than thirty days after adoption, any plan or part thereof 543 |
---|
670 | 670 | | or amendment thereto shall be posted on the Internet web site of the 544 |
---|
671 | 671 | | municipality, if any, and shall be filed in the office of the town clerk, 545 |
---|
672 | 672 | | except that, if it is a district plan or amendment, it shall be filed in the 546 |
---|
673 | 673 | | offices of both the district and town clerks. 547 |
---|
674 | 674 | | (5) Not more than sixty days after adoption of the plan, the 548 |
---|
675 | 675 | | commission shall submit a copy of the plan, including geospatial data 549 |
---|
676 | 676 | | required pursuant to subparagraph (M) of subdivision (2) of subsection 550 |
---|
677 | 677 | | (e) of this section, to the Secretary of the Office of Policy and 551 |
---|
678 | 678 | | Management [and] in a form and manner prescribed by the secretary. 552 |
---|
679 | 679 | | The commission shall include with such copy a description of any 553 |
---|
680 | 680 | | [inconsistency] inconsistencies between the plan adopted by the 554 |
---|
681 | 681 | | commission and the regional plan of conservation and development 555 |
---|
682 | 682 | | applicable to the municipality and the state plan of conservation and 556 |
---|
683 | 683 | | development and the reasons [therefor] for any such inconsistencies. 557 |
---|
684 | 684 | | Sec. 15. Subsections (a) and (b) of section 8-35a of the general statutes 558 |
---|
685 | 685 | | are repealed and the following is substituted in lieu thereof (Effective July 559 |
---|
686 | 686 | | 1, 2025): 560 |
---|
687 | 687 | | (a) At least once every ten years, each regional council of 561 |
---|
688 | 688 | | governments shall make a plan of conservation and development for its 562 |
---|
689 | 689 | | area of operation, showing its recommendations for the general use of 563 |
---|
690 | 690 | | Governor’s Bill No. 1245 |
---|
691 | 691 | | |
---|
692 | 692 | | |
---|
693 | 693 | | |
---|
694 | 694 | | LCO No. 4390 19 of 52 |
---|
695 | 695 | | |
---|
696 | 696 | | the area including land use, housing, principal highways and freeways, 564 |
---|
697 | 697 | | bridges, airports, parks, playgrounds, recreational areas, schools, public 565 |
---|
698 | 698 | | institutions, public utilities, agriculture and such other matters as, in the 566 |
---|
699 | 699 | | opinion of the council, will be beneficial to the area. Any regional plan 567 |
---|
700 | 700 | | so developed shall be based on studies of physical, social, economic and 568 |
---|
701 | 701 | | governmental conditions and trends and shall be designed to promote 569 |
---|
702 | 702 | | with the greatest efficiency and economy the coordinated development 570 |
---|
703 | 703 | | of its area of operation and the general welfare and prosperity of its 571 |
---|
704 | 704 | | people. Such plan may encourage resilient and energy-efficient patterns 572 |
---|
705 | 705 | | of development, land use strategies to reduce the impacts of climate 573 |
---|
706 | 706 | | change, the use of solar and other renewable forms of energy, and 574 |
---|
707 | 707 | | energy conservation. Such plan shall be designed to promote abatement 575 |
---|
708 | 708 | | of the pollution of the waters and air of the region. Such plan shall 576 |
---|
709 | 709 | | consider the need for technology infrastructure in the region. The 577 |
---|
710 | 710 | | regional plan shall identify areas where it is feasible and prudent (1) to 578 |
---|
711 | 711 | | have compact, transit accessible, pedestrian-oriented mixed use 579 |
---|
712 | 712 | | development patterns and land reuse, and (2) to promote such 580 |
---|
713 | 713 | | development patterns and land reuse and shall note any inconsistencies 581 |
---|
714 | 714 | | with the following growth management principles: (A) Redevelopment 582 |
---|
715 | 715 | | and revitalization of regional centers and areas of mixed land uses with 583 |
---|
716 | 716 | | existing or planned physical infrastructure; (B) expansion of housing 584 |
---|
717 | 717 | | opportunities and design choices to accommodate a variety of 585 |
---|
718 | 718 | | household types and needs; (C) concentration of development around 586 |
---|
719 | 719 | | transportation nodes and along major transportation corridors to 587 |
---|
720 | 720 | | support the viability of transportation options and land reuse; (D) 588 |
---|
721 | 721 | | conservation and restoration of the natural environment, cultural and 589 |
---|
722 | 722 | | historical resources and traditional rural lands; (E) protection of 590 |
---|
723 | 723 | | environmental assets or ecosystem services critical to public health and 591 |
---|
724 | 724 | | safety; and (F) integration of planning across all levels of government to 592 |
---|
725 | 725 | | address issues on a local, regional and state-wide basis. The plan of each 593 |
---|
726 | 726 | | region contiguous to Long Island Sound shall be designed to reduce 594 |
---|
727 | 727 | | hypoxia, pathogens, toxic contaminants and floatable debris in Long 595 |
---|
728 | 728 | | Island Sound. For plans adopted on or after October 1, 2025, such plan 596 |
---|
729 | 729 | | shall (i) demonstrate consistency with the regional long-range 597 |
---|
730 | 730 | | Governor’s Bill No. 1245 |
---|
731 | 731 | | |
---|
732 | 732 | | |
---|
733 | 733 | | |
---|
734 | 734 | | LCO No. 4390 20 of 52 |
---|
735 | 735 | | |
---|
736 | 736 | | transportation plan and the regional summary of the hazard mitigation 598 |
---|
737 | 737 | | plan in the case of a multijurisdiction hazard mitigation plan, and (ii) 599 |
---|
738 | 738 | | identify critical facilities in the region and include geospatial data 600 |
---|
739 | 739 | | relative to such facilities. Such geospatial information shall indicate 601 |
---|
740 | 740 | | location, address and general function of the infrastructure. 602 |
---|
741 | 741 | | (b) Before adopting the regional plan of conservation and 603 |
---|
742 | 742 | | development or any part thereof or amendment thereto the regional 604 |
---|
743 | 743 | | council of governments shall hold at least one public hearing thereon, 605 |
---|
744 | 744 | | notice of the time, place and subject of which shall be given in writing 606 |
---|
745 | 745 | | to the chief executive officer and planning commission, where one 607 |
---|
746 | 746 | | exists, of each member town, city or borough. Notice of the time, place 608 |
---|
747 | 747 | | and subject of such hearing shall be published once in a newspaper 609 |
---|
748 | 748 | | having a substantial circulation in the region. Such notices shall be given 610 |
---|
749 | 749 | | not more than twenty days or less than ten days before such hearing. At 611 |
---|
750 | 750 | | least sixty-five days before the public hearing the regional council of 612 |
---|
751 | 751 | | governments shall post the plan on the Internet web site of the council, 613 |
---|
752 | 752 | | if any, and submit the plan to the Secretary of the Office of Policy and 614 |
---|
753 | 753 | | Management for findings in the form of comments and 615 |
---|
754 | 754 | | recommendations. By October 1, 2011, the secretary shall establish, by 616 |
---|
755 | 755 | | regulations adopted in accordance with the provisions of chapter 54, 617 |
---|
756 | 756 | | criteria for such findings which shall include procedures for a uniform 618 |
---|
757 | 757 | | review of regional plans of conservation and development to determine 619 |
---|
758 | 758 | | if a proposed regional plan of conservation and development is not 620 |
---|
759 | 759 | | inconsistent with the state plan of conservation and development and 621 |
---|
760 | 760 | | the state economic strategic plan. The regional council of governments 622 |
---|
761 | 761 | | shall note on the record any inconsistency with the state plan of 623 |
---|
762 | 762 | | conservation and development and the reasons for such inconsistency. 624 |
---|
763 | 763 | | Adoption of the plan or part thereof or amendment thereto shall be 625 |
---|
764 | 764 | | made by the affirmative vote of not less than a majority of the 626 |
---|
765 | 765 | | representatives on the council. The plan shall be posted on the Internet 627 |
---|
766 | 766 | | web site of the council, if any, and a copy of the plan or of any 628 |
---|
767 | 767 | | amendments thereto, signed by the chairman of the council, shall be 629 |
---|
768 | 768 | | transmitted to the chief executive officers, the town, city or borough 630 |
---|
769 | 769 | | Governor’s Bill No. 1245 |
---|
770 | 770 | | |
---|
771 | 771 | | |
---|
772 | 772 | | |
---|
773 | 773 | | LCO No. 4390 21 of 52 |
---|
774 | 774 | | |
---|
775 | 775 | | clerks, as the case may be, and to planning commissions, if any, in 631 |
---|
776 | 776 | | member towns, cities or boroughs, and to the Secretary of the Office of 632 |
---|
777 | 777 | | Policy and Management, or his or her designee. The geospatial data 633 |
---|
778 | 778 | | developed pursuant to subsection (a) of this section shall be made 634 |
---|
779 | 779 | | available to the Commissioner of Emergency Services and Public 635 |
---|
780 | 780 | | Protection, the Commissioner of Transportation or the Secretary of the 636 |
---|
781 | 781 | | Office of Policy and Management upon request. The regional council of 637 |
---|
782 | 782 | | governments shall notify the Secretary of the Office of Policy and 638 |
---|
783 | 783 | | Management of any inconsistency with the state plan of conservation 639 |
---|
784 | 784 | | and development and the reasons therefor. 640 |
---|
785 | 785 | | Sec. 16. Subsection (h) of section 16a-27 of the general statutes is 641 |
---|
786 | 786 | | repealed and the following is substituted in lieu thereof (Effective July 1, 642 |
---|
787 | 787 | | 2025): 643 |
---|
788 | 788 | | (h) (1) Any revision made after October 1, 2019, and until the 644 |
---|
789 | 789 | | adoption of the state plan of conservation and development for 2025 to 645 |
---|
790 | 790 | | 2030, shall [(1)] (A) take into consideration risks associated with 646 |
---|
791 | 791 | | increased coastal flooding and erosion, depending on site topography, 647 |
---|
792 | 792 | | as anticipated in the most recent sea level change scenario updated 648 |
---|
793 | 793 | | pursuant to subsection (b) of section 25-68o, [(2)] (B) identify the impacts 649 |
---|
794 | 794 | | of such increased flooding and erosion on infrastructure and natural 650 |
---|
795 | 795 | | resources, [(3)] (C) make recommendations for the siting of future 651 |
---|
796 | 796 | | infrastructure and property development to minimize the use of areas 652 |
---|
797 | 797 | | prone to such flooding and erosion, and [(4)] (D) take into consideration 653 |
---|
798 | 798 | | the state's greenhouse gas reduction goals established pursuant to 654 |
---|
799 | 799 | | section 22a-200a. 655 |
---|
800 | 800 | | (2) Any revision made after the adoption of the state plan of 656 |
---|
801 | 801 | | conservation and development for 2025 to 2030 shall (A) take into 657 |
---|
802 | 802 | | consideration risks associated with (i) changes to the rate and timing of 658 |
---|
803 | 803 | | annual precipitation and increased average temperatures resulting in 659 |
---|
804 | 804 | | extreme heat, and (ii) increased flooding and erosion, depending on site 660 |
---|
805 | 805 | | topography, as anticipated in the most recent sea level change scenario 661 |
---|
806 | 806 | | updated pursuant to subsection (b) of section 25-68o, and by other 662 |
---|
807 | 807 | | Governor’s Bill No. 1245 |
---|
808 | 808 | | |
---|
809 | 809 | | |
---|
810 | 810 | | |
---|
811 | 811 | | LCO No. 4390 22 of 52 |
---|
812 | 812 | | |
---|
813 | 813 | | sources as deemed appropriate by the Secretary of the Office of Policy 663 |
---|
814 | 814 | | and Management, (B) identify the impacts of extreme heat, drought and 664 |
---|
815 | 815 | | increased flooding and erosion on infrastructure and natural resources, 665 |
---|
816 | 816 | | (C) make recommendations for the siting of future infrastructure and 666 |
---|
817 | 817 | | property development to minimize the use of areas prone to such 667 |
---|
818 | 818 | | flooding and erosion, (D) make recommendations for land use strategies 668 |
---|
819 | 819 | | that minimize risks to public health, infrastructure and the 669 |
---|
820 | 820 | | environment, and (E) take into consideration the state's greenhouse gas 670 |
---|
821 | 821 | | reduction goals established pursuant to section 22a-200a. 671 |
---|
822 | 822 | | Sec. 17. Section 28-5 of the general statutes is amended by adding 672 |
---|
823 | 823 | | subsection (h) as follows (Effective July 1, 2025): 673 |
---|
824 | 824 | | (NEW) (h) On and after October 1, 2028, the state civil preparedness 674 |
---|
825 | 825 | | plan and program established pursuant to subsection (b) of this section 675 |
---|
826 | 826 | | shall consider observed and projected climate trends relating to extreme 676 |
---|
827 | 827 | | weather events, drought, coastal and inland flooding, storm surge, 677 |
---|
828 | 828 | | wildfire, extreme heat and any other hazards deemed relevant by the 678 |
---|
829 | 829 | | commissioner. 679 |
---|
830 | 830 | | Sec. 18. Subsections (b) and (c) of section 8-2 of the general statutes 680 |
---|
831 | 831 | | are repealed and the following is substituted in lieu thereof (Effective 681 |
---|
832 | 832 | | October 1, 2025): 682 |
---|
833 | 833 | | (b) Zoning regulations adopted pursuant to subsection (a) of this 683 |
---|
834 | 834 | | section shall: 684 |
---|
835 | 835 | | (1) Be made in accordance with a comprehensive plan and in 685 |
---|
836 | 836 | | consideration of the plan of conservation and development adopted 686 |
---|
837 | 837 | | under section 8-23, as amended by this act; 687 |
---|
838 | 838 | | (2) Be designed to (A) lessen congestion in the streets; (B) secure 688 |
---|
839 | 839 | | safety from fire, panic, flood and other dangers; (C) promote health and 689 |
---|
840 | 840 | | the general welfare; (D) provide adequate light and air; (E) protect the 690 |
---|
841 | 841 | | state's historic, tribal, cultural and environmental resources; (F) facilitate 691 |
---|
842 | 842 | | the adequate provision for transportation, water, sewerage, schools, 692 |
---|
843 | 843 | | Governor’s Bill No. 1245 |
---|
844 | 844 | | |
---|
845 | 845 | | |
---|
846 | 846 | | |
---|
847 | 847 | | LCO No. 4390 23 of 52 |
---|
848 | 848 | | |
---|
849 | 849 | | parks and other public requirements; (G) consider the impact of 693 |
---|
850 | 850 | | permitted land uses on contiguous municipalities and on the planning 694 |
---|
851 | 851 | | region, as defined in section 4-124i, in which such municipality is 695 |
---|
852 | 852 | | located; (H) address significant disparities in housing needs and access 696 |
---|
853 | 853 | | to educational, occupational and other opportunities; (I) promote 697 |
---|
854 | 854 | | efficient review of proposals and applications; and (J) affirmatively 698 |
---|
855 | 855 | | further the purposes of the federal Fair Housing Act, 42 USC 3601 et 699 |
---|
856 | 856 | | seq., as amended from time to time; 700 |
---|
857 | 857 | | (3) Be drafted with reasonable consideration as to the physical site 701 |
---|
858 | 858 | | characteristics of the district and its peculiar suitability for particular 702 |
---|
859 | 859 | | uses and with a view to encouraging the most appropriate use of land 703 |
---|
860 | 860 | | throughout a municipality; 704 |
---|
861 | 861 | | (4) Provide for the development of housing opportunities, including 705 |
---|
862 | 862 | | opportunities for multifamily dwellings, consistent with soil types, 706 |
---|
863 | 863 | | terrain and infrastructure capacity, for all residents of the municipality 707 |
---|
864 | 864 | | and the planning region in which the municipality is located, as 708 |
---|
865 | 865 | | designated by the Secretary of the Office of Policy and Management 709 |
---|
866 | 866 | | under section 16a-4a; 710 |
---|
867 | 867 | | (5) Promote housing choice and economic diversity in housing, 711 |
---|
868 | 868 | | including housing for both low and moderate income households; 712 |
---|
869 | 869 | | (6) Expressly allow the development of housing which will meet the 713 |
---|
870 | 870 | | housing needs identified in the state's consolidated plan for housing and 714 |
---|
871 | 871 | | community development prepared pursuant to section 8-37t and in the 715 |
---|
872 | 872 | | housing component and the other components of the state plan of 716 |
---|
873 | 873 | | conservation and development prepared pursuant to section 16a-26; 717 |
---|
874 | 874 | | (7) Be made with reasonable consideration for the impact of such 718 |
---|
875 | 875 | | regulations on agriculture, as defined in subsection (q) of section 1-1; 719 |
---|
876 | 876 | | (8) Provide that proper provisions be made for soil erosion and 720 |
---|
877 | 877 | | sediment control pursuant to section 22a-329; 721 |
---|
878 | 878 | | Governor’s Bill No. 1245 |
---|
879 | 879 | | |
---|
880 | 880 | | |
---|
881 | 881 | | |
---|
882 | 882 | | LCO No. 4390 24 of 52 |
---|
883 | 883 | | |
---|
884 | 884 | | (9) Be made with reasonable consideration for the protection of 722 |
---|
885 | 885 | | existing and potential public surface and ground drinking water 723 |
---|
886 | 886 | | supplies; [and] 724 |
---|
887 | 887 | | (10) In any municipality that is contiguous to or on a navigable 725 |
---|
888 | 888 | | waterway draining to Long Island Sound, (A) be made with reasonable 726 |
---|
889 | 889 | | consideration for the restoration and protection of the ecosystem and 727 |
---|
890 | 890 | | habitat of Long Island Sound; (B) be designed to reduce hypoxia, 728 |
---|
891 | 891 | | pathogens, toxic contaminants and floatable debris on Long Island 729 |
---|
892 | 892 | | Sound; and (C) provide that such municipality's zoning commission 730 |
---|
893 | 893 | | consider the environmental impact on Long Island Sound coastal 731 |
---|
894 | 894 | | resources, as defined in section 22a-93, of any proposal for development; 732 |
---|
895 | 895 | | and 733 |
---|
896 | 896 | | (11) Provide that proper provisions be made to mitigate and avoid 734 |
---|
897 | 897 | | potential negative impacts to public health, public welfare and the 735 |
---|
898 | 898 | | environment, due to sea level change, in consideration of the most 736 |
---|
899 | 899 | | recent sea level change scenario updated pursuant to section 25-68o, as 737 |
---|
900 | 900 | | amended by this act. 738 |
---|
901 | 901 | | (c) Zoning regulations adopted pursuant to subsection (a) of this 739 |
---|
902 | 902 | | section may: 740 |
---|
903 | 903 | | (1) To the extent consistent with soil types, terrain and water, sewer 741 |
---|
904 | 904 | | and traffic infrastructure capacity for the community, provide for or 742 |
---|
905 | 905 | | require cluster development, as defined in section 8-18; 743 |
---|
906 | 906 | | (2) Be made with reasonable consideration for the protection of 744 |
---|
907 | 907 | | historic factors; 745 |
---|
908 | 908 | | (3) Require or promote (A) energy-efficient patterns of development; 746 |
---|
909 | 909 | | (B) the use of distributed generation or freestanding solar, wind and 747 |
---|
910 | 910 | | other renewable forms of energy; (C) combined heat and power; [and] 748 |
---|
911 | 911 | | (D) energy conservation; and (E) resilience, as defined in section 16-749 |
---|
912 | 912 | | 243y, including, but not limited to, risks related to extreme heat, drought 750 |
---|
913 | 913 | | or prolonged or intense exposure to precipitation; 751 |
---|
914 | 914 | | Governor’s Bill No. 1245 |
---|
915 | 915 | | |
---|
916 | 916 | | |
---|
917 | 917 | | |
---|
918 | 918 | | LCO No. 4390 25 of 52 |
---|
919 | 919 | | |
---|
920 | 920 | | (4) Provide for incentives for developers who use (A) solar and other 752 |
---|
921 | 921 | | renewable forms of energy; (B) combined heat and power; (C) water 753 |
---|
922 | 922 | | conservation, including demand offsets; [and] (D) energy conservation 754 |
---|
923 | 923 | | techniques, including, but not limited to, cluster development, higher 755 |
---|
924 | 924 | | density development and performance standards for roads, sidewalks 756 |
---|
925 | 925 | | and underground facilities in the subdivision; and (E) flood-risk 757 |
---|
926 | 926 | | reduction building methods; 758 |
---|
927 | 927 | | (5) Provide for a municipal or regional system for the creation of 759 |
---|
928 | 928 | | development rights and the permanent transfer of such development 760 |
---|
929 | 929 | | rights, which may include a system for the variance of density limits in 761 |
---|
930 | 930 | | connection with any such transfer; 762 |
---|
931 | 931 | | (6) Provide for notice requirements in addition to those required by 763 |
---|
932 | 932 | | this chapter; 764 |
---|
933 | 933 | | (7) Provide for conditions on operations to collect spring water or 765 |
---|
934 | 934 | | well water, as defined in section 21a-150, including the time, place and 766 |
---|
935 | 935 | | manner of such operations; 767 |
---|
936 | 936 | | (8) Provide for floating zones, overlay zones and planned 768 |
---|
937 | 937 | | development districts; 769 |
---|
938 | 938 | | (9) Require estimates of vehicle miles traveled and vehicle trips 770 |
---|
939 | 939 | | generated in lieu of, or in addition to, level of service traffic calculations 771 |
---|
940 | 940 | | to assess (A) the anticipated traffic impact of proposed developments; 772 |
---|
941 | 941 | | and (B) potential mitigation strategies such as reducing the amount of 773 |
---|
942 | 942 | | required parking for a development or requiring public sidewalks, 774 |
---|
943 | 943 | | crosswalks, bicycle paths, bicycle racks or bus shelters, including off-775 |
---|
944 | 944 | | site; [and] 776 |
---|
945 | 945 | | (10) In any municipality where a traprock ridge or an amphibolite 777 |
---|
946 | 946 | | ridge is located, (A) provide for development restrictions in ridgeline 778 |
---|
947 | 947 | | setback areas; and (B) restrict quarrying and clear cutting, except that 779 |
---|
948 | 948 | | the following operations and uses shall be permitted in ridgeline setback 780 |
---|
949 | 949 | | areas, as of right: (i) Emergency work necessary to protect life and 781 |
---|
950 | 950 | | Governor’s Bill No. 1245 |
---|
951 | 951 | | |
---|
952 | 952 | | |
---|
953 | 953 | | |
---|
954 | 954 | | LCO No. 4390 26 of 52 |
---|
955 | 955 | | |
---|
956 | 956 | | property; (ii) any nonconforming uses that were in existence and that 782 |
---|
957 | 957 | | were approved on or before the effective date of regulations adopted 783 |
---|
958 | 958 | | pursuant to this section; and (iii) selective timbering, grazing of 784 |
---|
959 | 959 | | domesticated animals and passive recreation; and 785 |
---|
960 | 960 | | (11) Provide for sending and receiving sites in conjunction with any 786 |
---|
961 | 961 | | transfer of development rights program established pursuant to section 787 |
---|
962 | 962 | | 8-2e, as amended by this act. 788 |
---|
963 | 963 | | Sec. 19. Subsection (b) of section 8-1a of the general statutes is 789 |
---|
964 | 964 | | repealed and the following is substituted in lieu thereof (Effective from 790 |
---|
965 | 965 | | passage): 791 |
---|
966 | 966 | | (b) As used in this chapter: 792 |
---|
967 | 967 | | (1) "Accessory apartment" means a separate dwelling unit that (A) is 793 |
---|
968 | 968 | | located on the same lot as a principal dwelling unit of greater square 794 |
---|
969 | 969 | | footage, (B) has cooking facilities, and (C) complies with or is otherwise 795 |
---|
970 | 970 | | exempt from any applicable building code, fire code and health and 796 |
---|
971 | 971 | | safety regulations; 797 |
---|
972 | 972 | | (2) "Affordable accessory apartment" means an accessory apartment 798 |
---|
973 | 973 | | that is subject to binding recorded deeds which contain covenants or 799 |
---|
974 | 974 | | restrictions that require such accessory apartment be sold or rented at, 800 |
---|
975 | 975 | | or below, prices that will preserve the unit as housing for which, for a 801 |
---|
976 | 976 | | period of not less than ten years, persons and families pay thirty per cent 802 |
---|
977 | 977 | | or less of income, where such income is less than or equal to eighty per 803 |
---|
978 | 978 | | cent of the median income; 804 |
---|
979 | 979 | | (3) "As of right" or "as-of-right" means able to be approved in 805 |
---|
980 | 980 | | accordance with the terms of a zoning regulation or regulations and 806 |
---|
981 | 981 | | without requiring that a public hearing be held, a variance, special 807 |
---|
982 | 982 | | permit or special exception be granted or some other discretionary 808 |
---|
983 | 983 | | zoning action be taken, other than a determination that a site plan is in 809 |
---|
984 | 984 | | conformance with applicable zoning regulations; 810 |
---|
985 | 985 | | Governor’s Bill No. 1245 |
---|
986 | 986 | | |
---|
987 | 987 | | |
---|
988 | 988 | | |
---|
989 | 989 | | LCO No. 4390 27 of 52 |
---|
990 | 990 | | |
---|
991 | 991 | | (4) "Cottage cluster" means a grouping of at least four detached 811 |
---|
992 | 992 | | housing units, or live work units, per acre that are located around a 812 |
---|
993 | 993 | | common open area; 813 |
---|
994 | 994 | | (5) "Live work unit" means a building or a space within a building 814 |
---|
995 | 995 | | used for both commercial and residential purposes by an individual 815 |
---|
996 | 996 | | residing within such building or space; 816 |
---|
997 | 997 | | (6) "Middle housing" means duplexes, triplexes, quadplexes, cottage 817 |
---|
998 | 998 | | clusters and townhouses; 818 |
---|
999 | 999 | | (7) "Mixed-use development" means a development containing both 819 |
---|
1000 | 1000 | | residential and nonresidential uses in any single building; [and] 820 |
---|
1001 | 1001 | | (8) "Townhouse" means a residential building constructed in a 821 |
---|
1002 | 1002 | | grouping of three or more attached units, each of which shares at least 822 |
---|
1003 | 1003 | | one common wall with an adjacent unit and has exterior walls on at least 823 |
---|
1004 | 1004 | | two sides; 824 |
---|
1005 | 1005 | | (9) "Receiving site" means one or more designated sites or areas of 825 |
---|
1006 | 1006 | | land to which development rights generated from one or more sending 826 |
---|
1007 | 1007 | | sites may be transferred and in which increased development is 827 |
---|
1008 | 1008 | | permitted to occur by reason of such transfer; and 828 |
---|
1009 | 1009 | | (10) "Sending site" shall mean one or more designated sites or areas 829 |
---|
1010 | 1010 | | of land in which development rights are designated for use in one or 830 |
---|
1011 | 1011 | | more receiving sites. 831 |
---|
1012 | 1012 | | Sec. 20. Section 8-2e of the general statutes is repealed and the 832 |
---|
1013 | 1013 | | following is substituted in lieu thereof (Effective July 1, 2025): 833 |
---|
1014 | 1014 | | (a) Any two or more municipalities which have adopted the 834 |
---|
1015 | 1015 | | provisions of this chapter or chapter 125a or which are exercising zoning 835 |
---|
1016 | 1016 | | power pursuant to any special act may, with the approval of the 836 |
---|
1017 | 1017 | | legislative body of each municipality, execute an agreement providing 837 |
---|
1018 | 1018 | | for a system of development rights and the transfer of development 838 |
---|
1019 | 1019 | | rights across the boundaries of the municipalities which are parties to 839 |
---|
1020 | 1020 | | Governor’s Bill No. 1245 |
---|
1021 | 1021 | | |
---|
1022 | 1022 | | |
---|
1023 | 1023 | | |
---|
1024 | 1024 | | LCO No. 4390 28 of 52 |
---|
1025 | 1025 | | |
---|
1026 | 1026 | | the agreement. Such system shall be implemented in a manner 840 |
---|
1027 | 1027 | | approved by the legislative body of each municipality and by the 841 |
---|
1028 | 1028 | | commission or other body which adopts zoning regulations of each 842 |
---|
1029 | 1029 | | municipality. Such agreement may provide that such system be 843 |
---|
1030 | 1030 | | administered by a regional council of governments or other agency. 844 |
---|
1031 | 1031 | | (b) Any two or more municipalities that have executed an agreement 845 |
---|
1032 | 1032 | | pursuant to subsection (a) of this section may, by interlocal agreement, 846 |
---|
1033 | 1033 | | establish a transfer of development rights bank. Each such interlocal 847 |
---|
1034 | 1034 | | agreement shall (1) identify the receiving site, (2) include the local 848 |
---|
1035 | 1035 | | legislation governing development rights that has been adopted or is 849 |
---|
1036 | 1036 | | intended to be adopted by the municipality or municipalities in which 850 |
---|
1037 | 1037 | | the receiving site is located, (3) describe procedures for the termination 851 |
---|
1038 | 1038 | | of the transfer of development rights bank, and (4) describe the 852 |
---|
1039 | 1039 | | conversion ratio to be used in the receiving site, which may express the 853 |
---|
1040 | 1040 | | extent of additional development rights in any combination of units, 854 |
---|
1041 | 1041 | | floor area, height or other applicable development standards that may 855 |
---|
1042 | 1042 | | be modified by the municipality to provide incentives for the purchase 856 |
---|
1043 | 1043 | | of development rights. 857 |
---|
1044 | 1044 | | (c) Each receiving site identified pursuant to subsection (b) of this 858 |
---|
1045 | 1045 | | section shall (1) be eligible for connection with a public water system, 859 |
---|
1046 | 1046 | | (2) be located not more than one-half mile from public transportation 860 |
---|
1047 | 1047 | | facilities, as defined in section 13b-79kk, (3) not be located within the 861 |
---|
1048 | 1048 | | boundaries of core forest, as defined in section 16a-3k, (4) not be located 862 |
---|
1049 | 1049 | | within the boundaries of any area impacted by the most recent sea level 863 |
---|
1050 | 1050 | | change scenario updated pursuant to subsection (b) of section 25-68o, 864 |
---|
1051 | 1051 | | and (5) be located above the five-hundred-year flood elevation. 865 |
---|
1052 | 1052 | | (d) Eligible sending sites may include, but need not be limited to, (1) 866 |
---|
1053 | 1053 | | core forest, as defined in section 16a-3k, (2) land classified as farm land 867 |
---|
1054 | 1054 | | in accordance with section 12-107c, (3) agricultural land, as defined in 868 |
---|
1055 | 1055 | | section 22-3, (4) areas identified as containing habitat for endangered or 869 |
---|
1056 | 1056 | | threatened species pursuant to (A) federal law, (B) section 26-306 or 26-870 |
---|
1057 | 1057 | | 308, or (C) a written determination of the United States Fish and Wildlife 871 |
---|
1058 | 1058 | | Governor’s Bill No. 1245 |
---|
1059 | 1059 | | |
---|
1060 | 1060 | | |
---|
1061 | 1061 | | |
---|
1062 | 1062 | | LCO No. 4390 29 of 52 |
---|
1063 | 1063 | | |
---|
1064 | 1064 | | Service or a state and federally recognized tribe that such area is 872 |
---|
1065 | 1065 | | appropriate for the preservation of endangered or threatened species 873 |
---|
1066 | 1066 | | habitat, and (5) areas within the boundaries of any area impacted by the 874 |
---|
1067 | 1067 | | most recent sea level change scenario updated pursuant to subsection 875 |
---|
1068 | 1068 | | (b) of section 25-68o, or a floodplain, as defined in section 25-68i. 876 |
---|
1069 | 1069 | | Sec. 21. (NEW) (Effective July 1, 2025) Notwithstanding the provisions 877 |
---|
1070 | 1070 | | of section 22a-352 of the general statutes, the Water Planning Council, 878 |
---|
1071 | 1071 | | as established pursuant to section 25-33o of the general statutes, shall, 879 |
---|
1072 | 1072 | | in undertaking the next periodic update to the state water plan in 880 |
---|
1073 | 1073 | | accordance with section 22a-352 of the general statutes: (1) Consider the 881 |
---|
1074 | 1074 | | potential impact of climate change on the quality of water resources, (2) 882 |
---|
1075 | 1075 | | take into account past conditions and predictions of future temperatures 883 |
---|
1076 | 1076 | | and precipitation when identifying the quantities and qualities of water 884 |
---|
1077 | 1077 | | that are available for public water supply, health, economic, recreation 885 |
---|
1078 | 1078 | | and environmental benefits on a regional basin scale considering both 886 |
---|
1079 | 1079 | | surface water and groundwater, and (3) include recommendations and 887 |
---|
1080 | 1080 | | an implementation plan to reduce impacts from climate change and 888 |
---|
1081 | 1081 | | extreme weather events on water quality and quantity. 889 |
---|
1082 | 1082 | | Sec. 22. (NEW) (Effective July 1, 2025) (a) Not later than December 31, 890 |
---|
1083 | 1083 | | 2028, and every ten years thereafter, the Departments of Public Health 891 |
---|
1084 | 1084 | | and Energy and Environmental Protection and the Public Utilities 892 |
---|
1085 | 1085 | | Regulatory Authority shall each review their regulations pertaining to 893 |
---|
1086 | 1086 | | water supply and, in accordance with the provisions of chapter 54 of the 894 |
---|
1087 | 1087 | | general statutes, revise such regulations to incorporate the most 895 |
---|
1088 | 1088 | | concurrent projections on precipitation, temperature or other applicable 896 |
---|
1089 | 1089 | | conditions that could impact water quality, quantity and distribution. 897 |
---|
1090 | 1090 | | (b) Not later than December 31, 2028, and every ten years thereafter, 898 |
---|
1091 | 1091 | | the Departments of Public Health and Energy and Environmental 899 |
---|
1092 | 1092 | | Protection shall each review and revise their permitting processes for 900 |
---|
1093 | 1093 | | sewage disposal systems, and any attendant regulations, in accordance 901 |
---|
1094 | 1094 | | with the provisions of chapter 54 of the general statutes, to incorporate 902 |
---|
1095 | 1095 | | the most concurrent projections on precipitation, flooding, sea level rise 903 |
---|
1096 | 1096 | | Governor’s Bill No. 1245 |
---|
1097 | 1097 | | |
---|
1098 | 1098 | | |
---|
1099 | 1099 | | |
---|
1100 | 1100 | | LCO No. 4390 30 of 52 |
---|
1101 | 1101 | | |
---|
1102 | 1102 | | or other applicable conditions that could impact public safety and 904 |
---|
1103 | 1103 | | environmental quality. 905 |
---|
1104 | 1104 | | Sec. 23. (NEW) (Effective July 1, 2025) As used in this section and 906 |
---|
1105 | 1105 | | sections 24 to 32, inclusive, of this act, unless the context otherwise 907 |
---|
1106 | 1106 | | requires: 908 |
---|
1107 | 1107 | | (1) "Captured assessed value" means the amount, as a percentage or 909 |
---|
1108 | 1108 | | stated sum, of increased assessed value that is utilized from year to year 910 |
---|
1109 | 1109 | | to finance project costs pursuant to the district master plan. 911 |
---|
1110 | 1110 | | (2) "Clean energy project" means a renewable energy project that 912 |
---|
1111 | 1111 | | utilizes Class I renewable sources, as defined in section 16-1 of the 913 |
---|
1112 | 1112 | | general statutes. 914 |
---|
1113 | 1113 | | (3) "Current assessed value" means the assessed value of all taxable 915 |
---|
1114 | 1114 | | real property within a resiliency improvement district as of October first 916 |
---|
1115 | 1115 | | of each year that the resiliency improvement district remains in effect. 917 |
---|
1116 | 1116 | | (4) "District master plan" means a statement of means and objectives 918 |
---|
1117 | 1117 | | prepared by the municipality, or two or more municipalities acting 919 |
---|
1118 | 1118 | | jointly under an interlocal agreement, relating to a resiliency 920 |
---|
1119 | 1119 | | improvement district that is designed to (A) reduce the risk of, or 921 |
---|
1120 | 1120 | | exposure to, extreme events, hazards and the effects of climate change, 922 |
---|
1121 | 1121 | | (B) support economic development, (C) provide housing opportunities 923 |
---|
1122 | 1122 | | in existing residential areas, (D) improve or broaden the tax base, and 924 |
---|
1123 | 1123 | | (E) construct or improve the physical facilities and structures necessary 925 |
---|
1124 | 1124 | | for resilience projects, environmental infrastructure or clean energy 926 |
---|
1125 | 1125 | | projects, or any combination thereof, as described in section 28 of this 927 |
---|
1126 | 1126 | | act. 928 |
---|
1127 | 1127 | | (5) "Environmental infrastructure" has the same meaning as provided 929 |
---|
1128 | 1128 | | in section 16-245n of the general statutes. 930 |
---|
1129 | 1129 | | (6) "Financial plan" means a statement of the project costs and sources 931 |
---|
1130 | 1130 | | of revenue required to accomplish the district master plan. 932 |
---|
1131 | 1131 | | Governor’s Bill No. 1245 |
---|
1132 | 1132 | | |
---|
1133 | 1133 | | |
---|
1134 | 1134 | | |
---|
1135 | 1135 | | LCO No. 4390 31 of 52 |
---|
1136 | 1136 | | |
---|
1137 | 1137 | | (7) "Increased assessed value" means the valuation amount by which 933 |
---|
1138 | 1138 | | the current assessed value of a resiliency improvement district exceeds 934 |
---|
1139 | 1139 | | the original assessed value of the resiliency improvement district. If the 935 |
---|
1140 | 1140 | | current assessed value is equal to or less than the original assessed 936 |
---|
1141 | 1141 | | value, there is no increased assessed value. 937 |
---|
1142 | 1142 | | (8) "Increased savings" means the valuation amount by which the 938 |
---|
1143 | 1143 | | current cost of any existing insurance premium, or other premium, 939 |
---|
1144 | 1144 | | surcharge or other fee identified within the resiliency improvement 940 |
---|
1145 | 1145 | | district may be reduced after the implementation of such district, 941 |
---|
1146 | 1146 | | resulting in a monetary savings to a resident of, or a business located in, 942 |
---|
1147 | 1147 | | such district. 943 |
---|
1148 | 1148 | | (9) "Joint resiliency improvement district" means a resiliency 944 |
---|
1149 | 1149 | | improvement district established by two or more contiguous 945 |
---|
1150 | 1150 | | municipalities that have entered into an interlocal agreement in 946 |
---|
1151 | 1151 | | accordance with sections 7-339a to 7-339l, inclusive, of the general 947 |
---|
1152 | 1152 | | statutes. 948 |
---|
1153 | 1153 | | (10) "Maintenance and operation" means all activities necessary to 949 |
---|
1154 | 1154 | | maintain facilities after they have been developed and all activities 950 |
---|
1155 | 1155 | | necessary to operate such facilities, including, but not limited to, 951 |
---|
1156 | 1156 | | informational, promotional and educational programs and safety and 952 |
---|
1157 | 1157 | | surveillance activities. 953 |
---|
1158 | 1158 | | (11) "Municipality" means a town, city, borough, consolidated town 954 |
---|
1159 | 1159 | | and city or consolidated town and borough. 955 |
---|
1160 | 1160 | | (12) "Original assessed value" means the assessed value of all taxable 956 |
---|
1161 | 1161 | | real property within a resiliency improvement district as of October first 957 |
---|
1162 | 1162 | | of the tax year preceding the year in which the resiliency improvement 958 |
---|
1163 | 1163 | | district was established by the legislative body of a municipality. 959 |
---|
1164 | 1164 | | (13) "Project costs" means any expenditures or monetary obligations 960 |
---|
1165 | 1165 | | incurred or expected to be incurred that are authorized by section 28 of 961 |
---|
1166 | 1166 | | this act and included in a district master plan. 962 |
---|
1167 | 1167 | | Governor’s Bill No. 1245 |
---|
1168 | 1168 | | |
---|
1169 | 1169 | | |
---|
1170 | 1170 | | |
---|
1171 | 1171 | | LCO No. 4390 32 of 52 |
---|
1172 | 1172 | | |
---|
1173 | 1173 | | (14) "Resilience" has the same meaning as provided in section 16-243y 963 |
---|
1174 | 1174 | | of the general statutes. 964 |
---|
1175 | 1175 | | (15) "Resilience project" means a project, including a capital project, 965 |
---|
1176 | 1176 | | that is designed and implemented to address climate change mitigation, 966 |
---|
1177 | 1177 | | adaptation or resilience, including, but not limited to, the following: 967 |
---|
1178 | 1178 | | (A) A project that mitigates the effects of river, bay or sea level rise, 968 |
---|
1179 | 1179 | | or rising groundwater, including wetlands or marsh restoration, 969 |
---|
1180 | 1180 | | riparian buffers, vegetated dunes, living shorelines, erosion control, 970 |
---|
1181 | 1181 | | road elevation, levees or other flood structures; 971 |
---|
1182 | 1182 | | (B) A project that mitigates the effects of extreme heat or the urban 972 |
---|
1183 | 1183 | | heat island effect, including increasing shade, deploying building and 973 |
---|
1184 | 1184 | | surface materials designed to reflect or absorb less heat, using pavement 974 |
---|
1185 | 1185 | | materials designed to reflect or absorb less heat, constructing, 975 |
---|
1186 | 1186 | | improving or modifying new or existing facilities or increasing access to 976 |
---|
1187 | 1187 | | cooling opportunities; 977 |
---|
1188 | 1188 | | (C) A project that mitigates the effects of drought, including the 978 |
---|
1189 | 1189 | | repurposing of land for multiple uses, the reduction of impervious 979 |
---|
1190 | 1190 | | surfaces, groundwater replenishment or groundwater storage or a 980 |
---|
1191 | 1191 | | combination of such uses; or 981 |
---|
1192 | 1192 | | (D) A project intended to reduce the risk of flooding, including 982 |
---|
1193 | 1193 | | structure elevation or relocation, wetlands restoration, flood easements 983 |
---|
1194 | 1194 | | or bypasses, riparian buffers or levees. 984 |
---|
1195 | 1195 | | (16) "Tax increment" means real property taxes assessed by a 985 |
---|
1196 | 1196 | | municipality upon the increased assessed value of property in the 986 |
---|
1197 | 1197 | | resiliency improvement district. 987 |
---|
1198 | 1198 | | (17) "Resiliency improvement district" means an area wholly within 988 |
---|
1199 | 1199 | | the corporate limits of one or more municipalities that has been 989 |
---|
1200 | 1200 | | established and designated as such pursuant to section 24 of this act and 990 |
---|
1201 | 1201 | | that is to be developed in accordance with a district master plan. 991 |
---|
1202 | 1202 | | Governor’s Bill No. 1245 |
---|
1203 | 1203 | | |
---|
1204 | 1204 | | |
---|
1205 | 1205 | | |
---|
1206 | 1206 | | LCO No. 4390 33 of 52 |
---|
1207 | 1207 | | |
---|
1208 | 1208 | | (18) "Tax year" means the period of time beginning on July first and 992 |
---|
1209 | 1209 | | ending on the succeeding June thirtieth. 993 |
---|
1210 | 1210 | | Sec. 24. (NEW) (Effective July 1, 2025) (a) Any municipality may, by 994 |
---|
1211 | 1211 | | vote of its legislative body, establish a resiliency improvement district 995 |
---|
1212 | 1212 | | located wholly within the boundaries of such municipality in 996 |
---|
1213 | 1213 | | accordance with the requirements of this section and sections 25 to 32, 997 |
---|
1214 | 1214 | | inclusive, of this act. If a municipality is governed by a home rule 998 |
---|
1215 | 1215 | | charter, and such charter prohibits the establishment of a resiliency 999 |
---|
1216 | 1216 | | improvement district, such municipality shall not establish such district. 1000 |
---|
1217 | 1217 | | Except as provided in subsection (d) of this section, the establishment of 1001 |
---|
1218 | 1218 | | a resiliency improvement district approved by such municipality shall 1002 |
---|
1219 | 1219 | | be effective upon the concurrent approval of such district and the 1003 |
---|
1220 | 1220 | | adoption of a district master plan pursuant to section 26 of this act. 1004 |
---|
1221 | 1221 | | (b) Within a resiliency improvement district, and consistent with the 1005 |
---|
1222 | 1222 | | district master plan, the municipality, in addition to powers granted to 1006 |
---|
1223 | 1223 | | such municipality under the Constitution of the state of Connecticut, the 1007 |
---|
1224 | 1224 | | general statutes, the provisions of any special act or sections 25 to 32, 1008 |
---|
1225 | 1225 | | inclusive, of this act, shall have the following powers: 1009 |
---|
1226 | 1226 | | (1) To acquire, construct, reconstruct, improve, preserve, alter, 1010 |
---|
1227 | 1227 | | extend, operate or maintain property or promote development intended 1011 |
---|
1228 | 1228 | | to meet the objectives of the district master plan. The municipality may 1012 |
---|
1229 | 1229 | | acquire property, land or easements through negotiation or by other 1013 |
---|
1230 | 1230 | | means authorized for any municipality under the general statutes; 1014 |
---|
1231 | 1231 | | (2) To execute and deliver contracts, agreements and other 1015 |
---|
1232 | 1232 | | documents relating to the operation and maintenance of the resiliency 1016 |
---|
1233 | 1233 | | improvement district; 1017 |
---|
1234 | 1234 | | (3) To issue bonds and other obligations of the municipality in 1018 |
---|
1235 | 1235 | | accordance with the provisions set forth in section 30 of this act; 1019 |
---|
1236 | 1236 | | (4) Acting through its board of selectmen, town council or other 1020 |
---|
1237 | 1237 | | governing body of such municipality, to enter into written agreements 1021 |
---|
1238 | 1238 | | Governor’s Bill No. 1245 |
---|
1239 | 1239 | | |
---|
1240 | 1240 | | |
---|
1241 | 1241 | | |
---|
1242 | 1242 | | LCO No. 4390 34 of 52 |
---|
1243 | 1243 | | |
---|
1244 | 1244 | | with a taxpayer that fixes the assessment of real property located within 1022 |
---|
1245 | 1245 | | a resiliency improvement district, provided (A) the term of such 1023 |
---|
1246 | 1246 | | agreement shall not exceed thirty years from the date of the agreement; 1024 |
---|
1247 | 1247 | | and (B) the agreed assessment for such real property plus future 1025 |
---|
1248 | 1248 | | improvements shall not be less than the assessment of the real property 1026 |
---|
1249 | 1249 | | as of the last regular assessment date without such future 1027 |
---|
1250 | 1250 | | improvements. Any such agreement shall be recorded in the land 1028 |
---|
1251 | 1251 | | records of the municipality. The recording of such agreement shall 1029 |
---|
1252 | 1252 | | constitute notice of the agreement to any subsequent purchaser or 1030 |
---|
1253 | 1253 | | encumbrancer of the property or any part of it, whether voluntary or 1031 |
---|
1254 | 1254 | | involuntary, and such agreement shall be binding upon any subsequent 1032 |
---|
1255 | 1255 | | purchaser or encumbrancer. If the municipality claims that the taxpayer 1033 |
---|
1256 | 1256 | | or a subsequent purchaser or encumbrancer has violated the terms of 1034 |
---|
1257 | 1257 | | such agreement, the municipality may bring an action in the superior 1035 |
---|
1258 | 1258 | | court for the judicial district in which the municipality is located to 1036 |
---|
1259 | 1259 | | enforce such agreement; 1037 |
---|
1260 | 1260 | | (5) To accept grants, advances, loans or other financial assistance 1038 |
---|
1261 | 1261 | | from the federal government, the state, private entities or any other 1039 |
---|
1262 | 1262 | | source, including, but not limited to, such funds as allowable from 1040 |
---|
1263 | 1263 | | sections 7-159d, 22a-498 and 25-85 of the general statutes, and undertake 1041 |
---|
1264 | 1264 | | any additional actions necessary or desirable to secure such financial 1042 |
---|
1265 | 1265 | | aid; and 1043 |
---|
1266 | 1266 | | (6) Upon such terms as the municipality determines, to furnish 1044 |
---|
1267 | 1267 | | services or facilities, provide property, lend, grant or contribute funds 1045 |
---|
1268 | 1268 | | and take any other action such municipality is authorized to perform for 1046 |
---|
1269 | 1269 | | any other purposes. 1047 |
---|
1270 | 1270 | | (c) The resiliency improvement district may be dissolved or the 1048 |
---|
1271 | 1271 | | boundaries of such district may be modified upon the vote of the 1049 |
---|
1272 | 1272 | | legislative body of the municipality, except that the resiliency 1050 |
---|
1273 | 1273 | | improvement district may not be dissolved nor may the boundaries of 1051 |
---|
1274 | 1274 | | the resiliency improvement district be decreased if any bonds or other 1052 |
---|
1275 | 1275 | | indebtedness authorized and issued by the municipality under sections 1053 |
---|
1276 | 1276 | | Governor’s Bill No. 1245 |
---|
1277 | 1277 | | |
---|
1278 | 1278 | | |
---|
1279 | 1279 | | |
---|
1280 | 1280 | | LCO No. 4390 35 of 52 |
---|
1281 | 1281 | | |
---|
1282 | 1282 | | 25 to 32, inclusive, of this act remain outstanding. Outstanding 1054 |
---|
1283 | 1283 | | obligation bonds of the municipality secured solely by the full faith and 1055 |
---|
1284 | 1284 | | credit of the municipality shall not preclude the dissolution of, or the 1056 |
---|
1285 | 1285 | | decrease of the boundaries of, a resiliency improvement district. 1057 |
---|
1286 | 1286 | | (d) Two or more contiguous municipalities may enter into an 1058 |
---|
1287 | 1287 | | interlocal agreement in accordance with sections 7-339a to 7-339l, 1059 |
---|
1288 | 1288 | | inclusive, of the general statutes, to establish a joint resiliency 1060 |
---|
1289 | 1289 | | improvement district and adopt a district master plan for a district that 1061 |
---|
1290 | 1290 | | consists of contiguous properties partially located in each such 1062 |
---|
1291 | 1291 | | municipality. Such interlocal agreement shall be adopted prior to the 1063 |
---|
1292 | 1292 | | establishment of any such joint district and the adoption of a district 1064 |
---|
1293 | 1293 | | master plan for such district. A joint resiliency improvement district 1065 |
---|
1294 | 1294 | | shall be deemed established upon the concurrent approval of such 1066 |
---|
1295 | 1295 | | district and the adoption of a district master plan by the legislative 1067 |
---|
1296 | 1296 | | bodies of all of the municipalities participating in the interlocal 1068 |
---|
1297 | 1297 | | agreement. 1069 |
---|
1298 | 1298 | | (e) The interlocal agreement under which two or more contiguous 1070 |
---|
1299 | 1299 | | municipalities establish a joint resiliency improvement district shall 1071 |
---|
1300 | 1300 | | apportion any power, right, duty or obligation granted to, or required 1072 |
---|
1301 | 1301 | | of, any municipality under the provisions of sections 3 to 10, inclusive, 1073 |
---|
1302 | 1302 | | of this act among the municipalities participating in the interlocal 1074 |
---|
1303 | 1303 | | agreement. 1075 |
---|
1304 | 1304 | | (f) Nothing in this section shall be construed to limit the power 1076 |
---|
1305 | 1305 | | granted to a municipality pursuant to any provision of the general 1077 |
---|
1306 | 1306 | | statutes or any special act to offer, enter into or modify any tax 1078 |
---|
1307 | 1307 | | abatement for real property located in a resiliency improvement district 1079 |
---|
1308 | 1308 | | if such real property contains one or more units of affordable housing, 1080 |
---|
1309 | 1309 | | as defined in section 8-39a of the general statutes. 1081 |
---|
1310 | 1310 | | Sec. 25. (NEW) (Effective July 1, 2025) Prior to the establishment of a 1082 |
---|
1311 | 1311 | | resiliency improvement district and approval of a district master plan 1083 |
---|
1312 | 1312 | | for such district, the legislative body of the municipality, or the board of 1084 |
---|
1313 | 1313 | | Governor’s Bill No. 1245 |
---|
1314 | 1314 | | |
---|
1315 | 1315 | | |
---|
1316 | 1316 | | |
---|
1317 | 1317 | | LCO No. 4390 36 of 52 |
---|
1318 | 1318 | | |
---|
1319 | 1319 | | selectmen in the case of a municipality in which the legislative body is a 1085 |
---|
1320 | 1320 | | town meeting, shall: 1086 |
---|
1321 | 1321 | | (1) Consider whether the proposed resiliency improvement district 1087 |
---|
1322 | 1322 | | and district master plan will contribute to the well-being of the 1088 |
---|
1323 | 1323 | | municipality or to the betterment of the health, welfare or safety of the 1089 |
---|
1324 | 1324 | | inhabitants of the municipality; 1090 |
---|
1325 | 1325 | | (2) Transmit the proposed district master plan to the planning 1091 |
---|
1326 | 1326 | | commission of the municipality, if any, requesting a study of the 1092 |
---|
1327 | 1327 | | proposed district master plan and a written advisory opinion, which 1093 |
---|
1328 | 1328 | | shall include a determination on whether the proposed plan is 1094 |
---|
1329 | 1329 | | consistent with the plan of conservation and development of the 1095 |
---|
1330 | 1330 | | municipality adopted under section 8-23 of the general statutes, as 1096 |
---|
1331 | 1331 | | amended by this act; 1097 |
---|
1332 | 1332 | | (3) Hold at least one public hearing on the proposal to establish a 1098 |
---|
1333 | 1333 | | resiliency improvement district and to adopt the proposed district 1099 |
---|
1334 | 1334 | | master plan. Notice of the hearing shall be published not less than ten 1100 |
---|
1335 | 1335 | | days prior to such hearing in a conspicuous place on the Internet web 1101 |
---|
1336 | 1336 | | site of the municipality, or the municipalities acting jointly pursuant to 1102 |
---|
1337 | 1337 | | an interlocal agreement, with the date and time such notice was so 1103 |
---|
1338 | 1338 | | posted, and such notice shall include (A) the date, time and place of such 1104 |
---|
1339 | 1339 | | hearing, (B) the legal description of the boundaries of the proposed 1105 |
---|
1340 | 1340 | | resiliency improvement district, and (C) the draft district master plan, 1106 |
---|
1341 | 1341 | | which plan shall be made available for physical review and posted 1107 |
---|
1342 | 1342 | | electronically on the Internet web site of any applicable municipality; 1108 |
---|
1343 | 1343 | | and 1109 |
---|
1344 | 1344 | | (4) Determine whether the proposed resiliency improvement district 1110 |
---|
1345 | 1345 | | meets the following conditions: 1111 |
---|
1346 | 1346 | | (A) The district contains an area that experiences or is likely to 1112 |
---|
1347 | 1347 | | experience adverse impacts from hazards or climate change, including, 1113 |
---|
1348 | 1348 | | but not limited to, sea level rise, rising groundwater, extreme heat, 1114 |
---|
1349 | 1349 | | wildfire, drought or flooding; 1115 |
---|
1350 | 1350 | | Governor’s Bill No. 1245 |
---|
1351 | 1351 | | |
---|
1352 | 1352 | | |
---|
1353 | 1353 | | |
---|
1354 | 1354 | | LCO No. 4390 37 of 52 |
---|
1355 | 1355 | | |
---|
1356 | 1356 | | (B) The district has been identified in a municipal hazard mitigation 1116 |
---|
1357 | 1357 | | plan, local plan of conservation and development or regional plan of 1117 |
---|
1358 | 1358 | | conservation and development or has been identified by another related 1118 |
---|
1359 | 1359 | | planning process; 1119 |
---|
1360 | 1360 | | (C) The plan demonstrates a reduction of risk in the district from such 1120 |
---|
1361 | 1361 | | identified adverse impacts from hazards or climate change; 1121 |
---|
1362 | 1362 | | (D) A portion of the real property within the district shall be suitable 1122 |
---|
1363 | 1363 | | for commercial, industrial, mixed use or retail uses or transit-oriented 1123 |
---|
1364 | 1364 | | development; 1124 |
---|
1365 | 1365 | | (E) In the case of existing residential use, provides for the replacement 1125 |
---|
1366 | 1366 | | of, or renovation to, residential buildings in the district, if the district is 1126 |
---|
1367 | 1367 | | in a flood zone or within the boundaries of sea level rise as determined 1127 |
---|
1368 | 1368 | | by the requirements of section 25-68o of the general statutes, as 1128 |
---|
1369 | 1369 | | amended by this act, to include a height standard of not less than two 1129 |
---|
1370 | 1370 | | feet of freeboard above the base flood elevation, or as designated by the 1130 |
---|
1371 | 1371 | | State Building Code or municipal building requirements, whichever 1131 |
---|
1372 | 1372 | | imposes a greater height standard, and whether construction of or 1132 |
---|
1373 | 1373 | | renovation to commercial or industrial buildings shall be flood-proofed 1133 |
---|
1374 | 1374 | | or elevated; 1134 |
---|
1375 | 1375 | | (F) Provides for vehicle access to residential buildings in the district 1135 |
---|
1376 | 1376 | | if the district is in a flood zone or is impacted by sea level rise, pursuant 1136 |
---|
1377 | 1377 | | to section 25-68o of the general statutes, as amended by this act, at a 1137 |
---|
1378 | 1378 | | height of two feet above base flood elevation; 1138 |
---|
1379 | 1379 | | (G) The proposed district will not increase the vulnerability and risk 1139 |
---|
1380 | 1380 | | to properties adjacent to the district or increase the risk to other hazards 1140 |
---|
1381 | 1381 | | within the district; and 1141 |
---|
1382 | 1382 | | (H) The original assessed value of a proposed resiliency 1142 |
---|
1383 | 1383 | | improvement district plus the original assessed value of all existing tax 1143 |
---|
1384 | 1384 | | increment districts within the relevant municipalities may not exceed 1144 |
---|
1385 | 1385 | | ten per cent of the total value of taxable property within the 1145 |
---|
1386 | 1386 | | Governor’s Bill No. 1245 |
---|
1387 | 1387 | | |
---|
1388 | 1388 | | |
---|
1389 | 1389 | | |
---|
1390 | 1390 | | LCO No. 4390 38 of 52 |
---|
1391 | 1391 | | |
---|
1392 | 1392 | | municipalities as of October first of the year immediately preceding the 1146 |
---|
1393 | 1393 | | establishment of the tax increment district. Excluded from the 1147 |
---|
1394 | 1394 | | calculation in this subparagraph is any tax increment district established 1148 |
---|
1395 | 1395 | | on or after October 1, 2015, that consists entirely of contiguous property 1149 |
---|
1396 | 1396 | | owned by a single taxpayer. For the purpose of this subdivision, 1150 |
---|
1397 | 1397 | | "contiguous property" includes a parcel or parcels of land divided by a 1151 |
---|
1398 | 1398 | | road, power line, railroad line or right-of-way. 1152 |
---|
1399 | 1399 | | Sec. 26. (NEW) (Effective July 1, 2025) (a) In connection with the 1153 |
---|
1400 | 1400 | | establishment of a resiliency improvement district, the legislative body 1154 |
---|
1401 | 1401 | | of a municipality shall adopt a district master plan for each resiliency 1155 |
---|
1402 | 1402 | | improvement district and a statement of the percentage or stated sum 1156 |
---|
1403 | 1403 | | of increased assessed value to be designated as captured assessed value 1157 |
---|
1404 | 1404 | | in accordance with such plan. Such legislative body shall adopt such 1158 |
---|
1405 | 1405 | | plan after receipt of a written advisory opinion from the planning 1159 |
---|
1406 | 1406 | | commission or combined planning and zoning commission of the 1160 |
---|
1407 | 1407 | | municipality pursuant to section 25 of this act or ninety days after such 1161 |
---|
1408 | 1408 | | request was made, whichever is earlier. The district master plan shall be 1162 |
---|
1409 | 1409 | | adopted at the same time that the resiliency improvement district is 1163 |
---|
1410 | 1410 | | established as part of the resiliency improvement district adoption 1164 |
---|
1411 | 1411 | | proceedings set forth in sections 24 to 32, inclusive, of this act. 1165 |
---|
1412 | 1412 | | (b) The district master plan shall include: (1) The legal description of 1166 |
---|
1413 | 1413 | | the boundaries of the resiliency improvement district; (2) a list of the tax 1167 |
---|
1414 | 1414 | | identification numbers for all lots or parcels within the resiliency 1168 |
---|
1415 | 1415 | | improvement district; (3) a description of the present condition and uses 1169 |
---|
1416 | 1416 | | of all land and buildings within the resiliency improvement district and 1170 |
---|
1417 | 1417 | | how the construction or improvement of physical facilities or structures 1171 |
---|
1418 | 1418 | | will reduce or eliminate risk from any existing or expected hazards; (4) 1172 |
---|
1419 | 1419 | | a description of the existing or expected hazards facing the district; (5) a 1173 |
---|
1420 | 1420 | | description of the public facilities, improvements or programs within 1174 |
---|
1421 | 1421 | | the resiliency improvement district anticipated to be undertaken and 1175 |
---|
1422 | 1422 | | financed in whole or in part; (6) in the event of existing residential use 1176 |
---|
1423 | 1423 | | within the resiliency improvement district, a plan for the rehabilitation, 1177 |
---|
1424 | 1424 | | construction or replacement of any such existing housing in accordance 1178 |
---|
1425 | 1425 | | Governor’s Bill No. 1245 |
---|
1426 | 1426 | | |
---|
1427 | 1427 | | |
---|
1428 | 1428 | | |
---|
1429 | 1429 | | LCO No. 4390 39 of 52 |
---|
1430 | 1430 | | |
---|
1431 | 1431 | | with the state's consolidated plan for housing and community 1179 |
---|
1432 | 1432 | | development prepared pursuant to section 8-37t of the general statutes 1180 |
---|
1433 | 1433 | | and the state plan of conservation and development prepared pursuant 1181 |
---|
1434 | 1434 | | to chapter 297 of the general statutes, which plan shall also include 1182 |
---|
1435 | 1435 | | meaningful efforts to reduce displacement plans; (7) a financial plan in 1183 |
---|
1436 | 1436 | | accordance with subsection (c) of this section; (8) a plan for the proposed 1184 |
---|
1437 | 1437 | | maintenance and operation of the resiliency improvements after the 1185 |
---|
1438 | 1438 | | improvements are completed; and (9) the maximum duration of the 1186 |
---|
1439 | 1439 | | resiliency improvement district, which may not exceed a total of fifty tax 1187 |
---|
1440 | 1440 | | years beginning with the tax year in which the resiliency improvement 1188 |
---|
1441 | 1441 | | district is established. 1189 |
---|
1442 | 1442 | | (c) The financial plan in a district master plan shall include: (1) Cost 1190 |
---|
1443 | 1443 | | estimates for the public improvements and developments anticipated in 1191 |
---|
1444 | 1444 | | the district master plan; (2) cost estimates to support relocation or 1192 |
---|
1445 | 1445 | | temporary housing for displaced residents; (3) the maximum amount of 1193 |
---|
1446 | 1446 | | indebtedness to be incurred to implement the district master plan; (4) 1194 |
---|
1447 | 1447 | | sources of anticipated revenues, including, but not limited to, increased 1195 |
---|
1448 | 1448 | | savings, fees, assessments, grants or other sources; (5) a description of 1196 |
---|
1449 | 1449 | | the terms and conditions of any agreements, including any anticipated 1197 |
---|
1450 | 1450 | | savings agreements, assessment agreements, contracts or other 1198 |
---|
1451 | 1451 | | obligations related to the district master plan; (6) estimates of increased 1199 |
---|
1452 | 1452 | | assessed values and estimates of increased savings of the resiliency 1200 |
---|
1453 | 1453 | | improvement district; and (7) the portion of the increased assessed 1201 |
---|
1454 | 1454 | | values and increased savings to be applied to the district master plan as 1202 |
---|
1455 | 1455 | | captured assessed values and resulting tax increments in each year of 1203 |
---|
1456 | 1456 | | the plan. 1204 |
---|
1457 | 1457 | | (d) The district master plan may be amended from time to time by 1205 |
---|
1458 | 1458 | | the legislative body of each applicable municipality. Such legislative 1206 |
---|
1459 | 1459 | | body shall review the district master plan not less than once every ten 1207 |
---|
1460 | 1460 | | years after the initial approval of the resiliency improvement district 1208 |
---|
1461 | 1461 | | and the district master plan in order for the resiliency improvement 1209 |
---|
1462 | 1462 | | district and the district master plan to remain in effect, provided no such 1210 |
---|
1463 | 1463 | | district may be dissolved for the failure to comply with this section if 1211 |
---|
1464 | 1464 | | Governor’s Bill No. 1245 |
---|
1465 | 1465 | | |
---|
1466 | 1466 | | |
---|
1467 | 1467 | | |
---|
1468 | 1468 | | LCO No. 4390 40 of 52 |
---|
1469 | 1469 | | |
---|
1470 | 1470 | | any bonds or other indebtedness authorized and issued by the 1212 |
---|
1471 | 1471 | | municipality under sections 24 to 32, inclusive, of this act remain 1213 |
---|
1472 | 1472 | | outstanding. With respect to any district master plan that includes 1214 |
---|
1473 | 1473 | | development that is funded in whole or in part by federal funds, the 1215 |
---|
1474 | 1474 | | provisions of this subsection shall not apply to the extent that such 1216 |
---|
1475 | 1475 | | provisions are prohibited by federal law. 1217 |
---|
1476 | 1476 | | Sec. 27. (NEW) (Effective July 1, 2025) (a) In the district master plan, 1218 |
---|
1477 | 1477 | | each applicable municipality may designate all or part of the tax 1219 |
---|
1478 | 1478 | | increment revenues generated from the increased assessed value and all 1220 |
---|
1479 | 1479 | | or part of any additional revenue resulting from the increased savings 1221 |
---|
1480 | 1480 | | of a resiliency improvement district for the purpose of financing all or 1222 |
---|
1481 | 1481 | | part of the implementation of the district master plan, and, in the case 1223 |
---|
1482 | 1482 | | of any existing or planned residential use in such district, the percentage 1224 |
---|
1483 | 1483 | | of such revenue necessary to rehabilitate, construct or replace dwellings 1225 |
---|
1484 | 1484 | | for such use and to preserve, increase or improve access to affordable 1226 |
---|
1485 | 1485 | | housing, as defined in section 8-39a of the general statutes, within the 1227 |
---|
1486 | 1486 | | municipality, either within or adjacent to such district. The amount of 1228 |
---|
1487 | 1487 | | tax increment revenues to be designated shall be determined by 1229 |
---|
1488 | 1488 | | designating the captured assessed value, subject to any assessment 1230 |
---|
1489 | 1489 | | agreements. 1231 |
---|
1490 | 1490 | | (b) On or after the establishment of a resiliency improvement district 1232 |
---|
1491 | 1491 | | and the adoption of a district master plan, the assessor of the 1233 |
---|
1492 | 1492 | | municipality in which such district is located shall certify the original 1234 |
---|
1493 | 1493 | | assessed value of the taxable real property within the boundaries of the 1235 |
---|
1494 | 1494 | | resiliency improvement district. Each year after the establishment of a 1236 |
---|
1495 | 1495 | | resiliency improvement district, the assessor shall certify the amount of 1237 |
---|
1496 | 1496 | | the (1) current assessed value; (2) amount by which the current assessed 1238 |
---|
1497 | 1497 | | value has increased or decreased from the original assessed value, 1239 |
---|
1498 | 1498 | | subject to any assessment agreements; and (3) amount of the captured 1240 |
---|
1499 | 1499 | | assessed value. Nothing in this subsection shall be construed to 1241 |
---|
1500 | 1500 | | authorize the unequal apportionment or assessment of the taxes to be 1242 |
---|
1501 | 1501 | | paid on real property in the municipality. Subject to any assessment 1243 |
---|
1502 | 1502 | | agreements, an owner of real property within the resiliency 1244 |
---|
1503 | 1503 | | Governor’s Bill No. 1245 |
---|
1504 | 1504 | | |
---|
1505 | 1505 | | |
---|
1506 | 1506 | | |
---|
1507 | 1507 | | LCO No. 4390 41 of 52 |
---|
1508 | 1508 | | |
---|
1509 | 1509 | | improvement district shall pay real property taxes apportioned equally 1245 |
---|
1510 | 1510 | | with real property taxes paid elsewhere in such municipality. 1246 |
---|
1511 | 1511 | | (c) If a municipality has designated captured assessed value under 1247 |
---|
1512 | 1512 | | subsection (a) of this section: 1248 |
---|
1513 | 1513 | | (1) Each applicable municipality shall establish a district master plan 1249 |
---|
1514 | 1514 | | fund that consists of: (A) A project cost account that is pledged to and 1250 |
---|
1515 | 1515 | | charged with the payment of project costs that are outlined in the 1251 |
---|
1516 | 1516 | | financial plan, including the reimbursement of project cost expenditures 1252 |
---|
1517 | 1517 | | incurred by a public body, which public body may be the municipality, 1253 |
---|
1518 | 1518 | | a developer, any property owner or any other third-party entity, and 1254 |
---|
1519 | 1519 | | that are paid in a manner other than as described in subparagraph (B) 1255 |
---|
1520 | 1520 | | of this subdivision; and (B) in instances of indebtedness issued by the 1256 |
---|
1521 | 1521 | | municipality in accordance with section 30 of this act to finance or 1257 |
---|
1522 | 1522 | | refinance project costs, a development sinking fund account that is 1258 |
---|
1523 | 1523 | | pledged to and charged with the (i) payment of the interest and 1259 |
---|
1524 | 1524 | | principal as the interest and principal fall due, including any 1260 |
---|
1525 | 1525 | | redemption premium; (ii) payment of the costs of providing or 1261 |
---|
1526 | 1526 | | reimbursing any provider of any guarantee, letter of credit, policy of 1262 |
---|
1527 | 1527 | | bond insurance or other credit enhancement device used to secure 1263 |
---|
1528 | 1528 | | payment of debt service on any such indebtedness; and (iii) funding any 1264 |
---|
1529 | 1529 | | required reserve fund; 1265 |
---|
1530 | 1530 | | (2) The municipality shall annually set aside all tax increment 1266 |
---|
1531 | 1531 | | revenues on captured assessed values and deposit all such revenues to 1267 |
---|
1532 | 1532 | | the appropriate district master plan fund account established under 1268 |
---|
1533 | 1533 | | subdivision (1) of this subsection in the following order of priority: (A) 1269 |
---|
1534 | 1534 | | To the development sinking fund account, an amount sufficient, 1270 |
---|
1535 | 1535 | | together with estimated future revenues to be deposited to the account 1271 |
---|
1536 | 1536 | | and earnings on the amount, to satisfy all annual debt service on the 1272 |
---|
1537 | 1537 | | indebtedness issued in accordance with section 30 of this act and the 1273 |
---|
1538 | 1538 | | financial plan, except for general obligation bonds of the municipality 1274 |
---|
1539 | 1539 | | secured solely by the full faith and credit of the municipality; and (B) to 1275 |
---|
1540 | 1540 | | the project cost account, all such remaining tax increment revenues on 1276 |
---|
1541 | 1541 | | Governor’s Bill No. 1245 |
---|
1542 | 1542 | | |
---|
1543 | 1543 | | |
---|
1544 | 1544 | | |
---|
1545 | 1545 | | LCO No. 4390 42 of 52 |
---|
1546 | 1546 | | |
---|
1547 | 1547 | | captured assessed values; 1277 |
---|
1548 | 1548 | | (3) The municipality shall make transfers between district master 1278 |
---|
1549 | 1549 | | plan fund accounts established under subdivision (1) of this subsection, 1279 |
---|
1550 | 1550 | | provided the transfers do not result in a balance in either account that is 1280 |
---|
1551 | 1551 | | insufficient to cover the annual obligations of each respective account; 1281 |
---|
1552 | 1552 | | (4) The municipality may, at any time during the term of the 1282 |
---|
1553 | 1553 | | resiliency improvement district, by vote of the legislative body of the 1283 |
---|
1554 | 1554 | | municipality, return to the municipal general fund any tax increment 1284 |
---|
1555 | 1555 | | revenues remaining in either account established under subdivision (1) 1285 |
---|
1556 | 1556 | | of this subsection that exceeds those estimated to be required to satisfy 1286 |
---|
1557 | 1557 | | the obligations of the account after taking into account any transfer 1287 |
---|
1558 | 1558 | | made under subdivision (3) of this subsection; and 1288 |
---|
1559 | 1559 | | (5) Any account or fund established pursuant to subdivision (1) of 1289 |
---|
1560 | 1560 | | this subsection shall be audited annually by an independent auditor 1290 |
---|
1561 | 1561 | | who is a public accountant licensed to practice in this state and who 1291 |
---|
1562 | 1562 | | meets the independence standards included in generally accepted 1292 |
---|
1563 | 1563 | | government auditing standards. A report of such audit shall be open to 1293 |
---|
1564 | 1564 | | public inspection. Certified copies of such audit shall be provided to the 1294 |
---|
1565 | 1565 | | State Auditors of Public Accounts. 1295 |
---|
1566 | 1566 | | Sec. 28. (NEW) (Effective July 1, 2025) Costs authorized for payment 1296 |
---|
1567 | 1567 | | from a district master plan fund, established pursuant to section 27 of 1297 |
---|
1568 | 1568 | | this act shall be limited to: 1298 |
---|
1569 | 1569 | | (1) Costs of improvements made within the resiliency improvement 1299 |
---|
1570 | 1570 | | district, including, but not limited to, (A) capital costs, including, but not 1300 |
---|
1571 | 1571 | | limited to, (i) the acquisition or construction of land, improvements, 1301 |
---|
1572 | 1572 | | infrastructure, measures designed to improve resilience, environmental 1302 |
---|
1573 | 1573 | | infrastructure, clean energy projects, public ways, parks, buildings, 1303 |
---|
1574 | 1574 | | structures, railings, signs, landscaping, plantings, curbs, sidewalks, 1304 |
---|
1575 | 1575 | | turnouts, recreational facilities, structured parking, transportation 1305 |
---|
1576 | 1576 | | improvements, pedestrian improvements and other related 1306 |
---|
1577 | 1577 | | improvements, fixtures and equipment for public or private use, (ii) the 1307 |
---|
1578 | 1578 | | Governor’s Bill No. 1245 |
---|
1579 | 1579 | | |
---|
1580 | 1580 | | |
---|
1581 | 1581 | | |
---|
1582 | 1582 | | LCO No. 4390 43 of 52 |
---|
1583 | 1583 | | |
---|
1584 | 1584 | | demolition, alteration, remodeling, repair or reconstruction of existing 1308 |
---|
1585 | 1585 | | buildings, structures and fixtures, (iii) environmental remediation, (iv) 1309 |
---|
1586 | 1586 | | site preparation and finishing work, and (v) all fees and expenses 1310 |
---|
1587 | 1587 | | associated with the capital cost of such improvements, including, but 1311 |
---|
1588 | 1588 | | not limited to, licensing and permitting expenses and planning, 1312 |
---|
1589 | 1589 | | engineering, architectural, testing, legal and accounting expenses; (B) 1313 |
---|
1590 | 1590 | | financing costs, including, but not limited to, closing costs, issuance 1314 |
---|
1591 | 1591 | | costs, reserve funds and capitalized interest; (C) real property assembly 1315 |
---|
1592 | 1592 | | costs; (D) costs of technical and marketing assistance programs; (E) 1316 |
---|
1593 | 1593 | | professional service costs, including, but not limited to, licensing, 1317 |
---|
1594 | 1594 | | architectural, planning, engineering, development and legal expenses; 1318 |
---|
1595 | 1595 | | (F) maintenance and operation costs; (G) administrative costs, 1319 |
---|
1596 | 1596 | | including, but not limited to, reasonable charges for the time spent by 1320 |
---|
1597 | 1597 | | municipal employees, other agencies or third-party entities in 1321 |
---|
1598 | 1598 | | connection with the implementation of a district master plan; and (H) 1322 |
---|
1599 | 1599 | | organizational costs relating to the planning and the establishment of 1323 |
---|
1600 | 1600 | | the resiliency improvement district, including, but not limited to, the 1324 |
---|
1601 | 1601 | | costs of conducting environmental impact and other studies and the 1325 |
---|
1602 | 1602 | | costs of informing the public about the creation of resiliency 1326 |
---|
1603 | 1603 | | improvement districts and the implementation of the district master 1327 |
---|
1604 | 1604 | | plan; 1328 |
---|
1605 | 1605 | | (2) Costs of improvements that are made outside the resiliency 1329 |
---|
1606 | 1606 | | improvement district but are directly related to or are made necessary 1330 |
---|
1607 | 1607 | | by the establishment or operation of the resiliency improvement district, 1331 |
---|
1608 | 1608 | | including, but not limited to, (A) that portion of the costs reasonably 1332 |
---|
1609 | 1609 | | related to the construction, alteration or expansion of any facilities not 1333 |
---|
1610 | 1610 | | located within the resiliency improvement district that are required due 1334 |
---|
1611 | 1611 | | to improvements or activities within the resiliency improvement 1335 |
---|
1612 | 1612 | | district, including, but not limited to, roadways, traffic signalization, 1336 |
---|
1613 | 1613 | | easements, sewage treatment plants, water treatment plants or other 1337 |
---|
1614 | 1614 | | environmental protection devices, storm or sanitary sewer lines, water 1338 |
---|
1615 | 1615 | | lines, electrical lines, improvements to fire stations and street signs; (B) 1339 |
---|
1616 | 1616 | | costs of public safety and public school improvements made necessary 1340 |
---|
1617 | 1617 | | Governor’s Bill No. 1245 |
---|
1618 | 1618 | | |
---|
1619 | 1619 | | |
---|
1620 | 1620 | | |
---|
1621 | 1621 | | LCO No. 4390 44 of 52 |
---|
1622 | 1622 | | |
---|
1623 | 1623 | | by the establishment of the resiliency improvement district; and (C) 1341 |
---|
1624 | 1624 | | costs of funding to mitigate any adverse impact of the resiliency 1342 |
---|
1625 | 1625 | | improvement district upon the municipality and its constituents; and 1343 |
---|
1626 | 1626 | | (3) Costs related to environmental improvement projects developed 1344 |
---|
1627 | 1627 | | by the municipality related to the resiliency improvement district. 1345 |
---|
1628 | 1628 | | Sec. 29. (NEW) (Effective July 1, 2025) (a) (1) Notwithstanding any 1346 |
---|
1629 | 1629 | | provision of the general statutes, whenever a municipality constructs, 1347 |
---|
1630 | 1630 | | improves, extends, equips, rehabilitates, repairs, acquires or provides a 1348 |
---|
1631 | 1631 | | grant for any public improvements within a resiliency improvement 1349 |
---|
1632 | 1632 | | district or finances the cost of such public improvements, the proportion 1350 |
---|
1633 | 1633 | | of such cost or estimated cost of such public improvements and 1351 |
---|
1634 | 1634 | | financing thereof, as determined by the municipality, may be assessed 1352 |
---|
1635 | 1635 | | by the municipality, as a benefit assessment, in the manner prescribed 1353 |
---|
1636 | 1636 | | by such municipality, upon the real property within the resiliency 1354 |
---|
1637 | 1637 | | improvement district that is benefited by such public improvements. 1355 |
---|
1638 | 1638 | | The municipality may provide for the payment of such benefit 1356 |
---|
1639 | 1639 | | assessments in annual installments, not exceeding fifty years, and may 1357 |
---|
1640 | 1640 | | forgive such benefit assessments in any given year without causing the 1358 |
---|
1641 | 1641 | | remainder of installments of benefit assessments to be forgiven. Benefit 1359 |
---|
1642 | 1642 | | assessments on real property where buildings or structures are 1360 |
---|
1643 | 1643 | | constructed or expanded after the initial benefit assessment may be 1361 |
---|
1644 | 1644 | | assessed as if the new or expanded buildings or structures on such real 1362 |
---|
1645 | 1645 | | property existed at the time of the original benefit assessment. 1363 |
---|
1646 | 1646 | | (2) Any benefit assessment shall be adopted and revised by the 1364 |
---|
1647 | 1647 | | municipality not less than annually and not more than sixty days before 1365 |
---|
1648 | 1648 | | the beginning of the fiscal year. If any benefit assessment is assessed and 1366 |
---|
1649 | 1649 | | levied prior to the acquisition or construction of the public 1367 |
---|
1650 | 1650 | | improvements, the amount of any such assessment may be adjusted to 1368 |
---|
1651 | 1651 | | reflect the actual cost of such public improvements, including all 1369 |
---|
1652 | 1652 | | financing costs, once such public improvements are complete, if the 1370 |
---|
1653 | 1653 | | actual cost is greater than or less than the estimated costs. 1371 |
---|
1654 | 1654 | | Governor’s Bill No. 1245 |
---|
1655 | 1655 | | |
---|
1656 | 1656 | | |
---|
1657 | 1657 | | |
---|
1658 | 1658 | | LCO No. 4390 45 of 52 |
---|
1659 | 1659 | | |
---|
1660 | 1660 | | (b) Before estimating and making a benefit assessment under 1372 |
---|
1661 | 1661 | | subsection (a) of this section, the municipality shall hold not less than 1373 |
---|
1662 | 1662 | | one public hearing on such municipality's schedule of benefit 1374 |
---|
1663 | 1663 | | assessments or any revision thereof. Notice of such hearing shall be 1375 |
---|
1664 | 1664 | | published not less than ten days before such hearing in a conspicuous 1376 |
---|
1665 | 1665 | | place on the Internet web site of the municipality, or the municipalities 1377 |
---|
1666 | 1666 | | acting jointly pursuant to an interlocal agreement, with the date and 1378 |
---|
1667 | 1667 | | time such notice was posted. The notice shall include (1) the date, time 1379 |
---|
1668 | 1668 | | and place of such hearing; (2) the boundaries of the resiliency 1380 |
---|
1669 | 1669 | | improvement district by legal description; (3) a statement that all 1381 |
---|
1670 | 1670 | | interested persons owning real estate or taxable property located within 1382 |
---|
1671 | 1671 | | the resiliency improvement district will be given an opportunity to be 1383 |
---|
1672 | 1672 | | heard at the hearing and an opportunity to file objections to the amount 1384 |
---|
1673 | 1673 | | of the assessment; (4) the maximum rate of assessments to be increased 1385 |
---|
1674 | 1674 | | in any one year; and (5) a statement indicating that the proposed list of 1386 |
---|
1675 | 1675 | | properties to be assessed and the estimated assessments against those 1387 |
---|
1676 | 1676 | | properties are available at the city or town office or at the office of the 1388 |
---|
1677 | 1677 | | assessor. The notice may include a maximum number of years the 1389 |
---|
1678 | 1678 | | assessments will be levied. Not later than the date of the publication, the 1390 |
---|
1679 | 1679 | | municipality shall make available to any member of the public, upon 1391 |
---|
1680 | 1680 | | request, the proposed schedule of benefit assessments. The procedures 1392 |
---|
1681 | 1681 | | for public hearing and appeal set forth in section 7-250 of the general 1393 |
---|
1682 | 1682 | | statutes shall apply for all benefit assessments made by a municipality 1394 |
---|
1683 | 1683 | | pursuant to this section, except that the board of finance, or the 1395 |
---|
1684 | 1684 | | municipality's legislative body if no board of finance exists, shall be 1396 |
---|
1685 | 1685 | | substituted for the water pollution control authority. 1397 |
---|
1686 | 1686 | | (c) A municipality may adopt ordinances apportioning the value of 1398 |
---|
1687 | 1687 | | improvements within a resiliency improvement district according to a 1399 |
---|
1688 | 1688 | | formula that reflects actual benefits that accrue to the various properties 1400 |
---|
1689 | 1689 | | because of the development and maintenance. 1401 |
---|
1690 | 1690 | | (d) A municipality may increase assessments or extend the maximum 1402 |
---|
1691 | 1691 | | number of years the assessments will be levied after notice and public 1403 |
---|
1692 | 1692 | | hearing is held pursuant to subsection (b) of this section. 1404 |
---|
1693 | 1693 | | Governor’s Bill No. 1245 |
---|
1694 | 1694 | | |
---|
1695 | 1695 | | |
---|
1696 | 1696 | | |
---|
1697 | 1697 | | LCO No. 4390 46 of 52 |
---|
1698 | 1698 | | |
---|
1699 | 1699 | | (e) (1) Benefit assessments made under this section shall be collected 1405 |
---|
1700 | 1700 | | and enforced in the same manner as municipal taxes unless otherwise 1406 |
---|
1701 | 1701 | | provided in sections 24 to 32, inclusive, of this act. Benefit assessments 1407 |
---|
1702 | 1702 | | shall be due and payable at such times as are fixed by the municipality, 1408 |
---|
1703 | 1703 | | provided the municipality shall give notice of such due date not less 1409 |
---|
1704 | 1704 | | than thirty days prior to such due date by publication in a conspicuous 1410 |
---|
1705 | 1705 | | place on the Internet web site of each applicable municipality with the 1411 |
---|
1706 | 1706 | | date and time such notice was so posted and by mailing such notice to 1412 |
---|
1707 | 1707 | | the owners of the assessed real property at the last-known address of 1413 |
---|
1708 | 1708 | | any such owner. All revenues from any assessment under this section 1414 |
---|
1709 | 1709 | | shall be paid into the appropriate district master plan fund account 1415 |
---|
1710 | 1710 | | established under subsection (c) of section 27 of this act. 1416 |
---|
1711 | 1711 | | (2) If any property owner fails to pay any assessment or part of an 1417 |
---|
1712 | 1712 | | assessment on or before the date on which such assessment or part of 1418 |
---|
1713 | 1713 | | such assessment is due, the municipality shall have all the authority and 1419 |
---|
1714 | 1714 | | powers to collect the delinquent assessments vested in the municipality 1420 |
---|
1715 | 1715 | | by law to collect delinquent municipal taxes. Benefit assessments, if not 1421 |
---|
1716 | 1716 | | paid when due, shall constitute a lien upon the real property served and 1422 |
---|
1717 | 1717 | | a charge against the owners thereof, which lien and charge shall bear 1423 |
---|
1718 | 1718 | | interest at the same rate as delinquent property taxes. Each such lien 1424 |
---|
1719 | 1719 | | may be continued, recorded and released in the manner provided for 1425 |
---|
1720 | 1720 | | property tax liens and shall take precedence over all other liens or 1426 |
---|
1721 | 1721 | | encumbrances except a lien for property taxes of the municipality. 1427 |
---|
1722 | 1722 | | Sec. 30. (NEW) (Effective July 1, 2025) (a) For the purpose of carrying 1428 |
---|
1723 | 1723 | | out or administering a district master plan or other functions authorized 1429 |
---|
1724 | 1724 | | under sections 24 to 32, inclusive, of this act, a municipality is 1430 |
---|
1725 | 1725 | | authorized, subject to the limitations and procedures set forth in this 1431 |
---|
1726 | 1726 | | section, to issue from time to time bonds and other obligations of the 1432 |
---|
1727 | 1727 | | municipality that are payable solely from and secured by (1) the full 1433 |
---|
1728 | 1728 | | faith and credit pledge of the municipality; (2) a pledge of and lien upon 1434 |
---|
1729 | 1729 | | any or all of the income, proceeds, revenues and property of the projects 1435 |
---|
1730 | 1730 | | within the resiliency improvement district, including the proceeds of 1436 |
---|
1731 | 1731 | | grants, loans, advances or contributions from the federal government, 1437 |
---|
1732 | 1732 | | Governor’s Bill No. 1245 |
---|
1733 | 1733 | | |
---|
1734 | 1734 | | |
---|
1735 | 1735 | | |
---|
1736 | 1736 | | LCO No. 4390 47 of 52 |
---|
1737 | 1737 | | |
---|
1738 | 1738 | | the state or other source; (3) all revenues derived under sections 27 and 1438 |
---|
1739 | 1739 | | 29 of this act received by the municipality; or (4) any combination of the 1439 |
---|
1740 | 1740 | | methods in subdivisions (1) to (3), inclusive, of this subsection. Except 1440 |
---|
1741 | 1741 | | for bonds secured by the full faith credit pledge of the municipality, 1441 |
---|
1742 | 1742 | | bonds authorized by this section shall not be included in computing the 1442 |
---|
1743 | 1743 | | aggregate indebtedness of the municipality. 1443 |
---|
1744 | 1744 | | (b) Notwithstanding the provisions of any other statute, municipal 1444 |
---|
1745 | 1745 | | ordinance or charter provision governing the authorization and 1445 |
---|
1746 | 1746 | | issuance of bonds generally by the municipality, any bonds payable and 1446 |
---|
1747 | 1747 | | secured as provided in this section shall be authorized by a resolution 1447 |
---|
1748 | 1748 | | adopted by the legislative body of the municipality. Such bonds shall, 1448 |
---|
1749 | 1749 | | as determined by the legislative body of the municipality or the 1449 |
---|
1750 | 1750 | | municipal officers who are designated such authority by such body, (1) 1450 |
---|
1751 | 1751 | | be issued and sold; (2) bear interest at the rate or rates determined by 1451 |
---|
1752 | 1752 | | the legislative body or its designee, including variable rates; (3) provide 1452 |
---|
1753 | 1753 | | for the payment of interest on the dates determined by the legislative 1453 |
---|
1754 | 1754 | | body or its designee, whether before or at maturity; (4) be issued at, 1454 |
---|
1755 | 1755 | | above or below par; (5) mature at such time or times not exceeding thirty 1455 |
---|
1756 | 1756 | | years; (6) have rank or priority; (7) be payable in such medium of 1456 |
---|
1757 | 1757 | | payment; (8) be issued in such form, including, without limitation, 1457 |
---|
1758 | 1758 | | registered or book-entry form, carry such registration and transfer 1458 |
---|
1759 | 1759 | | privileges and be made subject to purchase or redemption before 1459 |
---|
1760 | 1760 | | maturity at such price or prices and under such terms and conditions, 1460 |
---|
1761 | 1761 | | including the condition that such bonds be subject to purchase or 1461 |
---|
1762 | 1762 | | redemption on the demand of the owner thereof; and (9) contain such 1462 |
---|
1763 | 1763 | | other required terms and particulars. 1463 |
---|
1764 | 1764 | | (c) The municipality may require that the bonds issued hereunder be 1464 |
---|
1765 | 1765 | | secured by a trust agreement by and between the municipality and a 1465 |
---|
1766 | 1766 | | corporate trustee, which may be any trust company or bank having the 1466 |
---|
1767 | 1767 | | powers of a trust company within the state. The trust agreement may 1467 |
---|
1768 | 1768 | | contain covenants or provisions for protecting and enforcing the rights 1468 |
---|
1769 | 1769 | | and remedies of the bondholders as may be necessary, reasonable or 1469 |
---|
1770 | 1770 | | appropriate and not in violation of law or other provisions or covenants 1470 |
---|
1771 | 1771 | | Governor’s Bill No. 1245 |
---|
1772 | 1772 | | |
---|
1773 | 1773 | | |
---|
1774 | 1774 | | |
---|
1775 | 1775 | | LCO No. 4390 48 of 52 |
---|
1776 | 1776 | | |
---|
1777 | 1777 | | that are consistent with sections 24 to 32, inclusive, of this act and which 1471 |
---|
1778 | 1778 | | the municipality determines in such proceedings are necessary, 1472 |
---|
1779 | 1779 | | convenient or desirable to better secure the bonds, or will tend to make 1473 |
---|
1780 | 1780 | | the bonds more marketable, and which are in the best interests of the 1474 |
---|
1781 | 1781 | | municipality. The pledge by any trust agreement shall be valid and 1475 |
---|
1782 | 1782 | | binding from time to time when the pledge is made. The revenues or 1476 |
---|
1783 | 1783 | | other moneys so pledged and then held or thereafter received by the 1477 |
---|
1784 | 1784 | | municipality shall immediately be subject to the lien of the pledge 1478 |
---|
1785 | 1785 | | without any physical delivery thereof or further act and the lien of the 1479 |
---|
1786 | 1786 | | pledge shall be valid and binding as against all parties having claims of 1480 |
---|
1787 | 1787 | | any kind in tort, contract or otherwise against the board, irrespective of 1481 |
---|
1788 | 1788 | | whether the parties have notice thereof. All expenses incurred in 1482 |
---|
1789 | 1789 | | carrying out such trust agreement may be treated as project costs. In case 1483 |
---|
1790 | 1790 | | any municipal officer whose signature or a facsimile of whose signature 1484 |
---|
1791 | 1791 | | shall appear on any bonds or coupons shall cease to be an officer before 1485 |
---|
1792 | 1792 | | the delivery of the obligations, the signature or facsimile shall 1486 |
---|
1793 | 1793 | | nevertheless be valid and sufficient for all purposes the same as if the 1487 |
---|
1794 | 1794 | | officer had remained in office until the delivery. Notwithstanding any 1488 |
---|
1795 | 1795 | | provision of the Uniform Commercial Code, neither this section, the 1489 |
---|
1796 | 1796 | | resolution of the municipality approving the bonds or any trust 1490 |
---|
1797 | 1797 | | agreement by which a pledge is created need be filed or recorded, and 1491 |
---|
1798 | 1798 | | no filing need be made under title 42a of the general statutes. 1492 |
---|
1799 | 1799 | | (d) While any bonds issued hereunder remain outstanding, the 1493 |
---|
1800 | 1800 | | existence of the resiliency improvement district and the powers and 1494 |
---|
1801 | 1801 | | duties of the municipality with respect to such resiliency improvement 1495 |
---|
1802 | 1802 | | district shall not be diminished or impaired in any way that will affect 1496 |
---|
1803 | 1803 | | adversely the interests and rights of the holders of the bonds. Any bonds 1497 |
---|
1804 | 1804 | | issued by a municipality pursuant to this section, except for general 1498 |
---|
1805 | 1805 | | obligation bonds of the municipality secured by the full faith and credit 1499 |
---|
1806 | 1806 | | pledge of the municipality, shall contain on their face a statement to the 1500 |
---|
1807 | 1807 | | effect that neither the state nor the municipality shall be obliged to pay 1501 |
---|
1808 | 1808 | | the principal of or the interest thereon, and that neither the full faith and 1502 |
---|
1809 | 1809 | | credit or taxing power of the state or the municipality is pledged to the 1503 |
---|
1810 | 1810 | | Governor’s Bill No. 1245 |
---|
1811 | 1811 | | |
---|
1812 | 1812 | | |
---|
1813 | 1813 | | |
---|
1814 | 1814 | | LCO No. 4390 49 of 52 |
---|
1815 | 1815 | | |
---|
1816 | 1816 | | payment of the bonds. All bonds issued under this section shall have 1504 |
---|
1817 | 1817 | | and are hereby declared to have all the qualities and incidents of 1505 |
---|
1818 | 1818 | | negotiable instruments, as provided in title 42a of the general statutes. 1506 |
---|
1819 | 1819 | | (e) Any pledge made by a municipality pursuant to this section shall 1507 |
---|
1820 | 1820 | | be valid and binding from the time when the pledge is made, and any 1508 |
---|
1821 | 1821 | | revenues or other receipts, funds or moneys so pledged and thereafter 1509 |
---|
1822 | 1822 | | received by the municipality shall be subject immediately to the lien of 1510 |
---|
1823 | 1823 | | such pledge without any physical delivery thereof or further act. The 1511 |
---|
1824 | 1824 | | lien of any such pledge shall be valid and binding as against all parties 1512 |
---|
1825 | 1825 | | having claims of any kind in tort, contract or otherwise against the 1513 |
---|
1826 | 1826 | | municipality, irrespective of whether such parties have notice of such 1514 |
---|
1827 | 1827 | | lien. 1515 |
---|
1828 | 1828 | | (f) Bonds issued under this section are hereby made securities in 1516 |
---|
1829 | 1829 | | which all public officers and public bodies of the state and its political 1517 |
---|
1830 | 1830 | | subdivisions, all insurance companies, trust companies, banking 1518 |
---|
1831 | 1831 | | associations, investment companies, executors, administrators, trustees 1519 |
---|
1832 | 1832 | | and other fiduciaries may properly and legally invest funds, including 1520 |
---|
1833 | 1833 | | capital in their control and belonging to them, and such bonds shall be 1521 |
---|
1834 | 1834 | | securities that may properly and legally be deposited with and received 1522 |
---|
1835 | 1835 | | by any state or municipal officer or any agency or political subdivision 1523 |
---|
1836 | 1836 | | of the state for any purpose for which the deposit of bonds of the state 1524 |
---|
1837 | 1837 | | is now or may hereafter be authorized by law. Bonds may be issued 1525 |
---|
1838 | 1838 | | under this section without obtaining the consent of the state and without 1526 |
---|
1839 | 1839 | | any proceedings or the happening of any other conditions or things 1527 |
---|
1840 | 1840 | | other than those proceedings, conditions or things that are specifically 1528 |
---|
1841 | 1841 | | required thereof by this section. 1529 |
---|
1842 | 1842 | | (g) Nothing in this section shall be construed to restrict the ability of 1530 |
---|
1843 | 1843 | | the municipality to raise revenue for the payment of project costs in any 1531 |
---|
1844 | 1844 | | manner otherwise authorized by law. 1532 |
---|
1845 | 1845 | | (h) As used in this section, "bonds" means any bonds, including 1533 |
---|
1846 | 1846 | | refunding bonds, notes, interim certificates, debentures or other 1534 |
---|
1847 | 1847 | | Governor’s Bill No. 1245 |
---|
1848 | 1848 | | |
---|
1849 | 1849 | | |
---|
1850 | 1850 | | |
---|
1851 | 1851 | | LCO No. 4390 50 of 52 |
---|
1852 | 1852 | | |
---|
1853 | 1853 | | obligations. 1535 |
---|
1854 | 1854 | | Sec. 31. (NEW) (Effective July 1, 2025) The legislative body of each 1536 |
---|
1855 | 1855 | | applicable municipality may create an advisory board, whose members 1537 |
---|
1856 | 1856 | | include owners or occupants of real property located in or adjacent to a 1538 |
---|
1857 | 1857 | | resiliency improvement district. The advisory board may advise the 1539 |
---|
1858 | 1858 | | legislative body and any designated administrative entity on the 1540 |
---|
1859 | 1859 | | planning, construction and implementation of the district master plan 1541 |
---|
1860 | 1860 | | and maintenance and operation of the resiliency improvement district 1542 |
---|
1861 | 1861 | | after the district master plan is complete. 1543 |
---|
1862 | 1862 | | Sec. 32. (NEW) (Effective July 1, 2025) (a) Within a resiliency 1544 |
---|
1863 | 1863 | | improvement district, priority consideration shall be given in the 1545 |
---|
1864 | 1864 | | solicitation, selection and design of infrastructure projects designed to 1546 |
---|
1865 | 1865 | | increase resilience and that (1) utilize natural and nature-based 1547 |
---|
1866 | 1866 | | solutions intended to restore, maintain or enhance ecosystem services 1548 |
---|
1867 | 1867 | | and processes that maintain or improve on environmental quality in or 1549 |
---|
1868 | 1868 | | adjacent to the district, or (2) address the needs of environmental justice 1550 |
---|
1869 | 1869 | | communities, as defined in section 22a-20a of the general statutes, or of 1551 |
---|
1870 | 1870 | | vulnerable communities, as defined in section 16-243y of the general 1552 |
---|
1871 | 1871 | | statutes. 1553 |
---|
1872 | 1872 | | (b) To the extent that a resiliency project results in the demolition or 1554 |
---|
1873 | 1873 | | reduction of affordable housing, as defined in section 8-39a of the 1555 |
---|
1874 | 1874 | | general statutes, the municipality, the developer of the resiliency 1556 |
---|
1875 | 1875 | | project, a property owner or a third-party entity shall commit to replace 1557 |
---|
1876 | 1876 | | such affordable housing units within the district. The replacement of 1558 |
---|
1877 | 1877 | | such affordable housing shall occur not later than four years after such 1559 |
---|
1878 | 1878 | | demolition or reduction. If the replacement is not feasible within the 1560 |
---|
1879 | 1879 | | district boundaries, such affordable housing shall be replaced within a 1561 |
---|
1880 | 1880 | | reasonable proximity to the district at a rate of not less than two units 1562 |
---|
1881 | 1881 | | for each unit that otherwise would have been replaced within the 1563 |
---|
1882 | 1882 | | district. 1564 |
---|
1883 | 1883 | | Sec. 33. (Effective July 1, 2025) Section 8-2f of the general statutes is 1565 |
---|
1884 | 1884 | | Governor’s Bill No. 1245 |
---|
1885 | 1885 | | |
---|
1886 | 1886 | | |
---|
1887 | 1887 | | |
---|
1888 | 1888 | | LCO No. 4390 51 of 52 |
---|
1889 | 1889 | | |
---|
1890 | 1890 | | repealed. 1566 |
---|
1891 | 1891 | | This act shall take effect as follows and shall amend the following |
---|
1892 | 1892 | | sections: |
---|
1893 | 1893 | | |
---|
1894 | 1894 | | Section 1 July 1, 2026 New section |
---|
1895 | 1895 | | Sec. 2 July 1, 2026 New section |
---|
1896 | 1896 | | Sec. 3 July 1, 2025 New section |
---|
1897 | 1897 | | Sec. 4 July 1, 2025 20-327c |
---|
1898 | 1898 | | Sec. 5 July 1, 2025 New section |
---|
1899 | 1899 | | Sec. 6 October 1, 2025 22a-109(b) |
---|
1900 | 1900 | | Sec. 7 October 1, 2025 22a-109(d) |
---|
1901 | 1901 | | Sec. 8 from passage New section |
---|
1902 | 1902 | | Sec. 9 July 1, 2025 25-68o(a) |
---|
1903 | 1903 | | Sec. 10 July 1, 2025 New section |
---|
1904 | 1904 | | Sec. 11 July 1, 2025 7-364 |
---|
1905 | 1905 | | Sec. 12 July 1, 2025 13a-175a(a) |
---|
1906 | 1906 | | Sec. 13 July 1, 2025 8-23(d) to (f) |
---|
1907 | 1907 | | Sec. 14 July 1, 2025 8-23(i) |
---|
1908 | 1908 | | Sec. 15 July 1, 2025 8-35a(a) and (b) |
---|
1909 | 1909 | | Sec. 16 July 1, 2025 16a-27(h) |
---|
1910 | 1910 | | Sec. 17 July 1, 2025 28-5(h) |
---|
1911 | 1911 | | Sec. 18 October 1, 2025 8-2(b) and (c) |
---|
1912 | 1912 | | Sec. 19 from passage 8-1a(b) |
---|
1913 | 1913 | | Sec. 20 July 1, 2025 8-2e |
---|
1914 | 1914 | | Sec. 21 July 1, 2025 New section |
---|
1915 | 1915 | | Sec. 22 July 1, 2025 New section |
---|
1916 | 1916 | | Sec. 23 July 1, 2025 New section |
---|
1917 | 1917 | | Sec. 24 July 1, 2025 New section |
---|
1918 | 1918 | | Sec. 25 July 1, 2025 New section |
---|
1919 | 1919 | | Sec. 26 July 1, 2025 New section |
---|
1920 | 1920 | | Sec. 27 July 1, 2025 New section |
---|
1921 | 1921 | | Sec. 28 July 1, 2025 New section |
---|
1922 | 1922 | | Sec. 29 July 1, 2025 New section |
---|
1923 | 1923 | | Sec. 30 July 1, 2025 New section |
---|
1924 | 1924 | | Sec. 31 July 1, 2025 New section |
---|
1925 | 1925 | | Sec. 32 July 1, 2025 New section |
---|
1926 | 1926 | | Sec. 33 July 1, 2025 Repealer section |
---|
1927 | 1927 | | |
---|
1928 | 1928 | | Governor’s Bill No. 1245 |
---|
1929 | 1929 | | |
---|
1930 | 1930 | | |
---|
1931 | 1931 | | |
---|
1932 | 1932 | | LCO No. 4390 52 of 52 |
---|
1933 | 1933 | | |
---|
1934 | 1934 | | Statement of Purpose: |
---|
1935 | 1935 | | To implement the Governor's budget recommendations. |
---|
1936 | 1936 | | |
---|
1937 | 1937 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
1938 | 1938 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
1939 | 1939 | | underlined.] |
---|
1940 | 1940 | | |
---|