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