Now Available! CCAPA 2021 Guide to Legislation (PDF updated 4/5/22)

CAZEO/CCAPA Legislative Wrap-Up July 1 Webinar (Part 1 of 2)

July 1 Webinar Q&A Text

Acts Signed Into Law

SB 1202 AN ACT CONCERNING PROVISIONS RELATED TO REVENUE AND OTHER ITEMS TO IMPLEMENT THE STATE BUDGET FOR THE BIENNIUM ENDING JUNE 30, 2023.

§§ 22-27 — INSTITUTE FOR MUNICIPAL AND REGIONAL POLICY
Transfers the IMRP from Central Connecticut State University to UConn; makes related conforming changes

§ 62 — ANALYSIS OF HOUSING FUNDING ALLOCATION AND SEGREGATION
Requires the OPM secretary to collect, analyze, and report on data related to existing state and federal housing programs and economic and racial segregation (initial report by Jan 1, 2022, and then every two years)

§§ 90-92 — AN ACT CONCERNING GEOGRAPHIC INFORMATION SYSTEMS.
Creates a new GIS office within OPM and establishes a GIS information officer to oversee the office and its staff; and establishes a GIS Council to consult with the new information officer on matters regarding free and public GIS data

§ 93 — STUDY OF EQUITY IN STATE GOVERNMENT PROGRAMS AND ACTIONS
Requires CHRO to oversee a study of equity in state government programs and actions; DAS must, in consultation with CHRO and OPM, hire a consultant to conduct the study on equity in state government with respect to race, national origin, ethnicity, religion, income, geography, sex, gender identity, sexual orientation, and disability; specifies the study's required components and requires its submission to the GAE Committee by February 15, 2023

§§ 161 & 163 — PUBLIC AGENCY MEETINGS USING ELECTRONIC EQUIPMENT
Authorizes public agencies to conduct meetings using electronic equipment until April 30, 2022, and establishes requirements and procedures for doing so

§§ 162, 164 & 165 — MEETING NOTICES GENERALLY

Allows public agencies to provide meeting notice by electronic transmission; requires agencies to post certain notices of adjournment on their websites

§§ 166 & 167 — ORDERLY CONDUCT AT MEETINGS
Allows public agencies and town meetings to deny disorderly individuals access to meetings by electronic equipment

§ 168 — ACIR STUDY
Requires Advisory Committee on Intergovernmental Relations to study the (1) implementation of the bill’s remote meeting provisions and (2) feasibility of remote participation and voting during meetings, including through conference call, videoconference, or other technology, by Feb 1 2022.

§§ 171-189 — ELECTRONIC TRANSACTIONS BY MUNICIPAL PROGRAMS AND ENTITIES
Makes numerous changes allowing municipal entities and other public agencies to conduct business electronically; generally, the changes allow specified (1) notices and applications to be sent electronically and (2) hearings or meetings to be held using electronic equipment

§ 196 — OUTDOOR DINING ALLOWED AS-OF-RIGHT NEAR FOOD ESTABLISHMENTS
Beginning April 1, 2022, requires municipalities to allow outdoor food and beverage service as an accessory use to a licensed food establishment.

Requires that municipal zoning allows outdoor dining as an as-of-right accessory use for food establishments, unless the food establishment is a nonconforming use. Under the bill, a food establishment must seek an administrative site plan review to determine whether the proposed outdoor dining use conforms with zoning requirements not contemplated by the bill (e.g., regulations unrelated to providing pedestrian pathways and parking). If outdoor dining is approved, food establishments can offer it until 9:00 p.m. or later if allowed by the zoning commission (or, presumably, planning and zoning commission, if it is a combined commission). The bill does not specify an application, approval, or appeals procedure.


Special Act 21-3 AN ACT CONCERNING THE PROVISION OF OUTDOOR FOOD AND BEVERAGE SERVICE BY RESTAURANTS. To require municipal zoning commissions to permit restaurants to engage in outdoor food and beverage service as an accessory use of such restaurant's permitted use, until March 31, 2022.

CCAPA Testimony 6610



Public Act 21-28 (formerly HB 5429) AN ACT CONCERNING PEDESTRIAN SAFETY, THE VISION ZERO COUNCIL, SPEED LIMITS IN MUNICIPALITIES, FINES AND CHARGES FOR CERTAIN VIOLATIONS AND THE GREENWAYS COMMEMORATIVE ACCOUNT.

  • Expands the circumstances under which drivers must yield to pedestrians at uncontrolled crosswalks.
  • Establishes a Vision Zero Council and charges it with developing a statewide policy to eliminate all transportation-related fatalities and severe injuries.
  • Requires OSTA to consider major traffic generators’ impact on bicycle and pedestrian access and safety when awarding certificates of operation.
  • Prohibits causing physical contact with moving traffic by (1) opening a vehicle door or (2) leaving it open longer than necessary to load or unload passengers.
  • Increases, from $20 to $25, the surcharge on certain moving violations that is remitted to municipalities and subjects dooring violations to the surcharge.
  • Allows municipalities to establish speed limits on local roads without OSTA approval and allows for the establishment of pedestrian safety zones with speed limits as low as 20 mph in downtown districts, community centers, and areas around hospitals.
  • Increases the fines for distracted driving.
  • Requires that greenways commemorative plate fees be deposited into a dedicated account and used to fund grant programs for greenways and other bicycle and pedestrian trails.

Public Act 21-29 (Formerly HB 6107)- AN ACT CONCERNING THE REORGANIZATION OF THE ZONING ENABLING ACT AND THE PROMOTION OF MUNICIPAL COMPLIANCE. To (1) restructure the Zoning Enabling Act for clarity, (2) promote the purposes of the federal Fair Housing Act, (3) provide an administrative mechanism to promote compliance with municipal affordable housing plans, and (4) require the Secretary of the Office of Policy and Management to convene a working group to study municipal affordable housing plans and zoning regulations.

Amended bill passed House 5/20 and Senate 5/27.  Signed by Governor 6/10. CCAPA Testimony. See Halloran Sage's Summary.

Includes the following provisions:

Accessory Dwelling Units: Directs that by January 1, 2022 zoning must allow one Accessory Dwelling Unit (ADU) alongside or within a single-family house, according to existing lot coverage and setback rules for single-family homes, without the need for a public hearing or special permit. Municipalities may opt out of this requirement through a two-step process requiring action by the Zoning Commission and Legislative Body (for municipalities where Town Meeting is the legislative body, the Board of Selectmen is authorized to approve the opt-out). ADUs created after January 1, 2022 will not make it harder for municipalities to reach the 8-30g 10% affordable threshold, as they will not count toward the "total housing units" denominator of that calculation. This provision will expand opportunities for lower-cost small unit housing across Connecticut, and give flexibility to homeowners with special housing needs or who could benefit from additional rental income. Makes clear that detached accessory dwelling units, if connected to the primary dwelling’s septic system, do not create a “community wastewater system” for regulatory purposes.

Fair Fees for Multifamily and Affordable Housing Reviews: Directs that application review fees for applications for multifamily housing and/or 8-30g housing must not be disproportionally high compared to fees charged for applications for single-family housing. Municipalities are authorized to enact regulations permitting fees to cover the cost of necessary technical consultants.

Strengthens Obligation to Zone to Enable Housing Opportunities: Requires zoning to provide for opportunities for housing, including multifamily housing, and to allow for housing that meets the needs outlined in the State Plan of Conservation and Development and Consolidated Plan for Housing and Community Development. Previous language required that zoning merely "encourage" and "promote" such housing.

Required/Allowed Goals and Considerations: Updates the language of zoning enabling statute 8-2 to remove language allowing zoning to be used to "prevent the overcrowding of land and avoid undue concentration of population;" and requires that regulations be designed to protect historic, tribal, cultural, and environmental resources; consider impacts to adjacent municipalities; address disparities in housing needs and access to opportunities including employment and education; promote efficient application review; and affirmatively further the purposes of the Federal Fair Housing Act. Affirmatively furthering fair housing generally refers to proactive actions to reduce barriers to fair housing. Any consideration of "character" must be to character defined with clear and explicit physical standards.  Zoning may not be used to deny applications on the basis of the income level or source of income of an applicant or end user.

Evaluation of Traffic Impacts: Allows municipalities to measure traffic impacts by estimates of vehicle miles traveled (VMT) or vehicle trips generated by the proposed development, instead of or in addition to the standard "Level of Service" process, which can discourage new construction in urban areas and result in continued widening of roadways at a cost to conditions for pedestrians and transit users. The bill allows consideration of traffic mitigation strategies such as reducing the amount of required parking, or incorporating infrastructure for bicyclists, pedestrians, and transit riders.

Zoning Provisions Not Allowed: Zoning must not prohibit "Cottage Food" activities in residential zones (i.e, small-scale home-based food production), must not place a numerical or percentage cap on the total number of multifamily homes in a district, and must not establish minimum unit sizes that are larger than minimum unit size established by Building Code.

Reduced Parking Requirements: Directs that by default, required parking for housing shall not exceed 1 space per studio or 1-bedroom unit, or 2 spaces for larger housing units. Municipalities may opt out of this requirement through a two-step process as described above.

Explicit Authorities for Overlay Zones, Floating Zones, and Planned Development Districts, and Energy Conservation: Explictly allows zoning to adopt regulations for overlay zones, floating zones, and planned development districts (which were not explicitly allowed in existing statute). Adds additional clean energy or conservation measures to items that zoning can encourage, and authorizes that zoning may require these measures.

Mobile Homes: Existing statute provides that regulations not treat manufactured homes substantially differently from other types of housing for the purpose of permitting. This bill adds mobile manufactured homes to this provision.

Certification of Zoning Enforcement Officers: Requires that Zoning Enforcement Officers be certified by the CT Association of Zoning Enforcement Officials (CAZEO) as of January 1, 2023.

Training for Planning and Zoning Commissioners: Requires P&Z Commissioners complete four hours of training every two years, to include one hour of training on fair and affordable housing. Commissioners must satisfy the initial training requirement by January 1, 2024 and within one year of election/appointment thereafter. OPM will establish guidelines for this training in collaboration with providers including CCAPA and UConn CLEAR. There is a tracking and reporting requirement, but the bill does not provide for any penalties for noncompliance.

Affordable Housing Plans: States that municipalities must adopt Affordable Housing Plans by June 1, 2022, and every five years therafter. This reiterates the Affordable Housing Plan requirement and schedule for adoption established in 2017. It also explicitly allows Affordable Housing Plans to be updated concurrently with the Plan of Conservation & Development (for one of the two five-year periods within the 10-year POCD cycle).

Commission on Connecticut's Housing Development and Future: Establishes a temporary commission to evaluate policies related to land use, conservation, housing affordability, and infrastructure. The Commission will submit two reports in 2022 and 2023 making recommendations for changes to zoning enabling statutes, to the process for adopting and implementation of State plans, and for guidance and incentives for municipal compliance with Affordable Housing Plan requirements and obligations to enable opportunities for housing, as well as measurement of compliance. The Commission will also make recommendations on sewage treatment regulations affecting housing, as well as model design guidelines and associated education and training on the guidelines.


Public Act 21-34 (Formerly HB 6531)- AN ACT CONCERNING THE RIGHT TO COUNSEL IN EVICTION PROCEEDINGS, THE VALIDITY OF INLAND WETLANDS PERMITS IN RELATION TO CERTAIN OTHER LAND USE APPROVALS, AND EXTENDING THE TIME OF EXPIRATION OF CERTAIN LAND USE PERMITS.

Passed the Senate 5/25, House 5/27, Signed by the Governor 6/10.

  • The bill establishes a statewide “right to counsel program” to provide free legal representation to income-eligible tenants, lessees, or occupants of any residential building or land (i.e., “covered individuals”) in an eviction proceeding or administrative proceeding necessary to preserve a state or federal housing subsidy or prevent a proposed lease termination.a covered matter initiated on or after July 1, 2021.
  • Regarding local land use approvals, the bill generally delays the effective date of municipal inland wetlands permits to coincide with the effective period of related local land use approvals (e.g., special permits, zoning variances, site plans, and subdivision plans) (§ 2). The bill also gives developers more time to complete certain ongoing projects without seeking reapproval from local land use boards, commissions, or agencies. It applies only to approvals and permits that were (1) granted on or after July 1, 2011, but before the bill’s passage and (2) unexpired on March 10, 2020 (§§ 501-507).

PA21-41 (Formerly HB 700) AN ACT CONCERNING THE DISCLOSURE OF DAMS AND SIMILAR STRUCTURES BY SELLERS OF REAL PROPERTY.
  • Adds a question about dams to the standard written residential condition report that the law generally requires a seller of residential property to provide to a prospective buyer before the transaction occurs.
  • Also requires the report to include a statement informing prospective buyers that information on the registration and categorization of dams may be obtained from DEEP.

Bill information- 700

CCAPA Testimony SB 700



SB1201 AN ACT CONCERNING RESPONSIBLE AND EQUITABLE REGULATION OF ADULT-USE CANNABIS.

Passed the House and Senate.

Provisions include

§ 35 — FINAL LICENSE

Among other requirements, requires that applicants for final cannabis establishment licenses certify that they have any necessary local zoning approval for the cannabis establishment operation.

§ 37 Cultivation of cannabis does not qualify as agriculture or farming.

§ 83 Municipal electors may petition for referendum on whether to allow local sale of recreation marijuana. Existing establishment would not be affected.

§ 84 Municipalities may regulate the burning of cannabis products on municipal property, and in the outdoor sections of restaurants. Municipalities with more than 50,000 residents must designate a place where public consumption of cannabis is permitted.

§ 148 — MUNICIPAL ZONING AUTHORITY AND APPROVAL REQUIREMENTS
Authorizes municipalities to enact certain zoning regulations or ordinances for cannabis establishments; temporarily prohibits municipalities from granting zoning approval for more retailers or micro-cultivators than a number that would allow for one of each for every 25,000 residents; allows the DCP commissioner to set a cap in the future. If municipalities take no action through zoning regulations or ordinances, these establishments must be zoned as similar uses would be.

The bill allows municipalities to amend their zoning regulations or local ordinances to take the following actions regarding cannabis establishments:
1. prohibit them from opening; 2. reasonably restrict their hours and signage; or 3. restrict their proximity to religious institutions, schools, charitable institutions, hospitals, veterans’ homes, or certain military establishments.
The bill requires municipal chief zoning officials to report these zoning changes to the OPM secretary and DCP. They must report in writing within 14 days after adopting the change.
The bill generally prohibits any restrictions on cannabis establishment hours, zoning, or signage from applying to existing businesses until five years after the restriction is adopted. This delay does not apply if the business converts to a different license type.

A "cannabis establishment" is a producer, dispensary, manufacturer, retailer, packager, or delivery service/transporter. A cultivator  is a large grower with an establishment not less that 15,000 square feet of grow space. A delivery service delivers cannabis products, a hybrid retailer is licensed to sell cannabis and medical marijuana, a food and beverage manufacture acquires cannabis to produce food and beverages, a micro-cultivator has a grow space of 2,000 to 10,000 square feet, a retailer sells cannabis to consumers and research programs.


6441- AN ACT CONCERNING CLIMATE CHANGE ADAPTATION.

CCAPA6441Testimony2021: "CCAPA recognizes that climate change will significantly affect Connecticut in the coming years and strongly supports the Governor’s overall changes to CGS §22a-498 that add additional capacity to local authorities tasked with addressing these challenges as follows and grouped where needed for clarity. Please note our comments where slight revisions to this language may be needed." (excerpt)

3/29 JFS. Amended version passed House 5/25. Passed Senate 6/7.

  • Authorizes all municipalities to establish a municipal stormwater authority
  • Caps at 15% the amount of the total fees that may be generated from properties owned by hospitals that are parties to the settlement agreement approved by Special Act 19-1, December Special Session


PA 21-13 AN ACT CONCERNING A WORKING GROUP REGARDING THE PROTECTION AND PRESERVATION OF HISTORIC PROPERTIES.

Working group shall issue a report by February 1,  2022 and then disband. Report shall include a plan for supporting and facilitating efforts by municipalities, historical societies and other nonprofit entities whose purposes include historic preservation to preserve buildings, structures, objects, sites and landmarks listed on the National Register of Historic Places or designated by a municipality as historically significant, and shall provide for a method of administering any revolving fund that may be established as a resource.


PA 21-101  AN ACT CONCERNING THE DOWN PAYMENT ASSISTANCE PROGRAM, AFFORDABILITY INCENTIVE ZONES AND BONDS OF BOARD MEMBERS AND OTHER EMPLOYEES OF THE CONNECTICUT HOUSING FINANCE AUTHORITY.

Awaiting Governor's signature.

Among other provisions,  allows CHFA to establish affordability incentive zones to incentivize home purchases in municipalities that are subject to the affordable housing appeals procedure. The bill authorizes CHFA to expand access to the homeownership loan program in affordability incentive zones by using different lending guidelines than those that are used for buying homes in other areas. This may include (1) increasing eligibility limits for a home’s purchase price or the maximum loan amount or (2) decreasing the loan’s interest rate. If CHFA decides to establish zones, the bill allows a municipality that is subject to the affordable housing appeals procedure and not already designated as an affordability incentive zone to ask CHFA, in writing, to be considered one. At its discretion, CHFA may grant a request after considering available program funding.



Bills Awaiting Governor's Signature

HB 6606 AN ACT CONCERNING ECONOMIC DEVELOPMENT IN DISTRESSED MUNICIPALITIES AND THE RENOVATION OF HISTORIC MIXED-USE BUILDINGS. Passed House 5/15. Passed Senate 6/9.
By February  2022, the DECD Commissioner shall complete a study relating to economic development issues affecting distressed municipalities and opportunity zones in the state.

By January 2022, a task force will study impediments to the renovation of historic mixed-use buildings located in municipalities, including, but not limited to, distressed municipalities in the state. The task force shall (1) examine any financing tools that may assist in the renovation of such buildings and building safety codes that may be impediments to the renovation of such buildings; and (2) consider whether the state should implement a small real estate developer training program or a capacity building program.



HB 6541AN ACT CONCERNING THE VALIDITY OF INLAND WETLANDS PERMITS IN RELATION TO CERTAIN OTHER LAND USE APPROVALS.

Passed House 6/3/21. Passed Senate 6/9/21.

(Excerpted OLR Summary)  This bill gives developers more time to complete certain ongoing projects without seeking reapproval from local land use boards, commissions, or agencies. It applies only to approvals and permits that were (1) approved before July 1, 2011, and (2) unexpired when the bill takes effect. Specifically, the bill extends the initial and extended statutory deadlines for completing projects that require certain subdivision, wetlands, or site plan approval. Generally, under the bill, these approvals are valid for at least 14 years and up to 19 years. The bill’s 14- and 19-year completion timeframes also apply to site plan and subdivision approvals and other permits (other than special permits or exceptions) granted by a zoning commission, planning commission, combined planning and zoning commission, zoning board of appeals, or inland wetlands agency exercising land use powers under a special act.
The bill establishes a minimum amount of time, 19 years, a developer has to complete work related to a special permit or special exception, regardless of a locally set deadline. This 19-year minimum applies to approvals granted by municipalities exercising land use powers under the statutes or a special act. Executive Order (EO) 7JJ, § 3, issued on May 6, 2020, and subsequently extended, generally tolls the expiration dates for various land use approvals that were valid on March 10, 2020 (including site plan, wetlands, and subdivision approvals), thus pausing these approvals so they will not expire during the declared emergencies.
*House Amendment “A” eliminates the provision in the underlying bill concerning the effective date of inland wetlands permits and adds the provisions concerning local land use approvals granted before July 1, 2011.
EFFECTIVE DATE: Upon passage, and applicable to approvals made before July 1, 2011.



HB 6665 AN ACT CONCERNING THE REMOVAL OF RESTRICTIONS ON OWNERSHIP OR OCCUPANCY OF REAL PROPERTY BASED ON RACE AND ELIMINATION OF THE RACE DESIGNATION ON MARRIAGE LICENSES.

Awaiting Governor's signature.

Prohibits restrictive covenants based on race and creates a process to remove existing racist covenants from land records.




Dormant Bills

S.B. 1026- AN ACT CONCERNING TRAINING FOR CERTAIN PLANNING AND ZONING OFFICIALS. To permit municipalities to require training for members of planning commissions, zoning commissions, combined planning and zoning commissions and zoning boards of appeals.

CCAPA Testimony SB 1026

3/31 JFS.

  • Requires members of a local planning commission, zoning commission, planning and zoning commission, or zoning board of appeals to complete at least five hours of training within one year after being elected or appointed to the board or commission, including at least two hours of education on alternative or affordable housing


SB 699 AN ACT CONCERNING ALTERNATE MEMBERS OF MUNICIPAL PLANNING COMMISSIONS.

Bill information- 699

CCAPA Testimony SB 699

3/2 JFS. 4/28 passed in the Senate.

Allows zoning commission or zoning board of appeals (ZBA) members to serve as alternates on a municipality’s planning commission, provided such alternates recuse themselves from any appeal before the planning commission that he or she heard as a member of the zoning commission or appeals board.

HB 6647 AN ACT CONCERNING GEOGRAPHIC INFORMATION SYSTEMS

CCAPA Testimony 6647 3/22 Public Hearing. 3/31 JFS

Passed House 6/3/21.

  • Establishes Geographic Information Systems Office and GIS Officer within the Office of Policy and Management.
  • Establishes GIS Advisory Council to consult with OPM, including representatives of state agencies and councils of governments.

SB 1118 AN ACT CONCERNING RESPONSIBLE AND EQUITABLE REGULATION OF ADULT-USE CANNABIS.

Passed Senate 6/7.

  • Establishes process for legal sale of cannabis products
  • Authorizes municipalities to enact certain zoning regulations or ordinances for cannabis establishments (prohibit them from opening;
  • reasonably restrict their hours and signage; or restrict their proximity to religious institutions, schools, charitable institutions, hospitals, veterans’ homes, or certain military establishment); temporarily prohibits municipalities from granting zoning approval for more retailers or micro-cultivators than a number that would allow for one of each for every 25,000 residents; allows the DCP commissioner to set a cap in the future.
  • Requires municipal chief zoning officials to report these zoning changes to the OPM secretary and DCP. They must report in writing within 14 days after adopting the change.
  • Requires that final state license approvals be conditional on local zoning approval for the cannabis operation.

H.B. No. 6448 AN ACT CONCERNING ACCESS TO LOCAL GOVERNMENT, THE MODERNIZATION OF LOCAL GOVERNMENT OPERATIONS, REGIONAL COUNCILS OF GOVERNMENT AND THE PROVISION OF OUTDOOR DINING. (To implement the Governor's budget recommendations.)

Public Hearing 3/22. JFS 3/31. Amended bill passed House 6/7.

Public Meetings:

  • Establishes several requirements for meetings held using electronic equipment, including that all votes be conducted by roll call (when at least one member is participating electronically), that a good faith effort be made to state the name and title before speaking, and that members of the public have the same participation opportunities as they would for an in-person meeting.
  • Requires that meeting minutes record who participated in-person or electronically.
  • Allows public agencies to terminate a person’s electronic access to a meeting if he or she disrupts the meeting.
  • Requires that if a public agency holds a meeting (other than an executive session or emergency special meeting) solely by electronic equipment, then it must provide any member of the public with a physical location and electronic equipment needed to attend the meeting in real-time, if requested in writing at least 24 hours before the meeting.
  • Requires public agencies conducting an electronic meeting to post meeting agenda 48 hours advance to agency website, in the agency's office or regular place of business, and in writing or by electronic correspondence to members of said agency, 
  • Allows (1) public agencies to electronically send meeting notices to interested parties and (2) the Freedom of Information Commission (FOIC) to electronically send certain documents to parties in an appeal before the commission.
  • Requires that special meetings be similarly noticed, except that notices may be sent to public agency members via electronic transmission, instead of by mail.
  • Creates an exception to FOIA’s prohibition against requiring members of the public to provide their names or other information to a public agency as a condition of attending a meeting. Allows public agencies to require this information from the public for meetings conducted by electronic equipment if the agency determines the requirement necessary for controlling public access and ensuring the meeting’s orderly conduct.
  • Meetings held using electronic equipment must be recorded or transcribed. Within seven days, the recording or transcription must be made available on the agency website and at the agency's place of business and remain available for at least forty-five days.
Town Meetings:
  • Allows voters to vote by electronic means and establishes criteria for process.
Councils of Governments:
  • Changes Regional Services Grant funding formula.
  • Allows for the provision of services regionally without interlocal agreements.
  • Modifies funding for Council of Governments and makes changes to the Regional Performance Incentive Program.
Outdoor Dining:
  • Requires municipalities to allow outdoor food/dining as an accessory use

SB 183 AN ACT CONCERNING ELECTRONIC MEETINGS UNDER THE FREEDOM OF INFORMATION ACT.

CCAPA Testimony SB 183. 3/30 JFS.

  • Allows public agencies to hold meetings remotely through conference call, videoconference, or other technology.
  • Allows notices of a special meeting to be electronically sent to a public agency’s members rather than delivered to their homes as current law requires.
  • Allows public agencies, when a remote meeting is adjourned because all members are absent, to post a notice of adjournment in a conspicuous place on their websites. Current law requires that this notice be posted on or near the door of the meeting’s location.

SB 1074 AN ACT CONCERNING VARIOUS PROVISIONS RELATED TO GOVERNMENT ADMINISTRATION AND COVID-19. 

JFS 3/31

  • Codifies parts of five different executive orders
  • Allows public agencies to hold meetings remotely through conference call, videoconference, or other technology. 
  • Exempts appeals filed or pending with the Freedom of Information Commission (FOIC) between the bill’s effective date and December 31, 2021, from certain FOIA deadlines. 
  • Requires officials administering certain district or town meetings or elections to use their best efforts to conduct them remotely.
  • Allows notaries public and Superior Court commissioners to perform notarial acts electronically until December 31, 2021.

HB 6641 AN ACT CONCERNING THE REMOTE AND ONLINE PROVISION OF MUNICIPAL SERVICES.

3/22 Public Hearing

3/31 JFS.

  • Allows specified (1) notices and applications to be sent electronically
  • Allows hearings or meetings to be held using electronic equipment
  • Allows public agencies to hold meetings remotely under the Freedom of Information Act (FOIA) through conference call, videoconference, or other technology
  • Allows municipalities to hold town meetings and budget adoption proceedings using electronic equipment
  • Allows towns, cities, and boroughs, whenever they are required by the law or a charter to advertise a legal notice in a newspaper, to instead post the notice on their websites
  • Allows town, city, borough, and district clerks, wherever they are required by the law or a charter to file a notice, to instead post the notice on their websites
  • Requires the establishment of means for electronic payment of recording and vital recording fees


Proposed CONSERVATION & DEVELOPMENT POLICIES: THE PLAN FOR CONNECTICUT 2018-2023

HB 6645

CCAPA Testimony:  "CCAPA supports the adoption of the 2018-2023 Conservation & Development Policies Plan... Given that we are now into year four of this five-year Plan, we find the action by the legislature to be well past due, and encourage the Plan’s swift  adoption.... . We strongly urge that OPM redouble its efforts to produce a fully re-imagined approach to the State Conservation &  Development Policies Plan that thoughtfully incorporates [additional elements] and includes an inclusive stakeholder engagement process." (excerpt)

Amended version passed by House 5/11 establishes timeline for 2024 adoption of next plan and revisions not less than five years apart.


SB 870 AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE OF POLICY AND MANAGEMENT

Among other provisions,

  • Limits the circumstances under which OPM is required to provide an advisory opinion on state agencies’ proposed actions’ compliance with the state POCD
  • Requires municipalities to conduct revaluations pursuant to an OPM-designated regional revaluation schedule and submit parcel data to OPM

SB 1024- AN ACT CONCERNING ZONING AUTHORITY, CERTAIN DESIGN GUIDELINES, QUALIFICATIONS OF CERTAIN LAND USE OFFICIALS AND CERTAIN SEWAGE DISPOSAL SYSTEMSTo (1) allow municipalities to require that land use applicants pay the costs of any technical review of applications, (2) make several changes to the Zoning Enabling Act, (3) establish requirements for zoning regulations concerning accessory apartments, mixed-use developments and multifamily housing, (4) convene a working group to develop model design guidelines for buildings and context-appropriate streets, (5) require certain qualifications of certain land use officials, and (6) address the jurisdiction and capacities of certain sewage disposal systems. [Desegregate CT Bill]

CCAPA Testimony

APA Planning & Law Division Testimony

3/31 JFS.

  • Requires municipalities to allow Accessory Dwelling Units on single-family lots without public hearing requirement
  • Regulates fees municipalities may charge for development review costs
  • Modifies 8-2 zoning enabling statute to remove references to overcrowding and character, requires regulations to combat discrimination and provide for varied housing opportunities, requires regulations to protect historic, tribal, cultural, and environmental resources
  • Allows traffic impacts to be measured by vehicle miles traveled or trips generated instead of roadway Level of Service
  • Explicitly authorizes floating zones, overlay zones, and planned development districts
  • Prohibits regulations from prohibiting cottage food operations, establishing minimum floor area requirements, requiring parking spaces over stated amount, or placing a fixed cap on the number of dwellings in multi-family, middle, or mixed-use developments
  • Makes it easier for municipalities to discontinue nonconforming uses
  • Adds mobile manufactured homes to manufactured homes definition that must be regulated similarly to other residential development
  • Requires Zoning Enforcement Officers to be certified by CAZEO
  • Gives the Department of Public Health the authority to regulate septic systems up to 7,500 gallons per day and specifies accessory dwelling units to be considered part of principal unit
  • Gives the Department of Public Health the responsibility to regulate alternative treatment systems up to 7,500 gallons per day
  • Requires water authorities to allocate capacity to serve higher-density residential development

6570- AN ACT CONCERNING TRANSIT-ORIENTED DEVELOPMENT AND MUNICIPAL ZONING.

CCAPA6570Testimony2021:  "CCAPA supports the overall changes of CGS §8-2 that clean up the flow and clarity of the statutory language itself. These changes have been introduced for several years and we hope they can be adopted. CCAPA supports the portions of this bill that amend CGS §8-2 to support TOD projects in two ways..." (excerpt)

3/31 JFS.

  • Requires the Department of Transportation to identify certain state property suitable for transit-oriented development (TOD) and initiate development process
  • Requires municipalities to identify municipal- and state-owned parcels within 1/2 mile of rail or Bus Rapid Transit as part of their Affordable Housing Plan

6611- AN ACT CONCERNING A NEEDS ASSESSMENT AND OTHER POLICIES REGARDING AFFORDABLE HOUSING AND DEVELOPMENT. To provide for (1) an assessment of the state-wide need for affordable housing and an allocation of such need to planning regions and municipalities, (2) the creation of affordable housing planning and zoning goals for each municipality, (3) the implementation schedule for such goals, (4) enforcement of such goals, and (5) state support to meet affordable housing needs beyond those met through such goals. [Fair Share Bill]

6611 Testimony. 3/15/2021 Public Hearing. 3/31 JFS. 4/29 referred to Judiciary Committee.

  • Establishes municipal 'fair share' affordable housing goals
  • Makes the state responsible for meeting unmet needs
  • Requires municipality to establish plan for meeting fair share goals, with 2-, 3-, 5-, and 10-year benchmarks
  • Defines who has standing to sue municipalities for non-compliance
  • Establishes process for municipal 'safe harbor' certification
  • Allows court to enable extensions for municipal compliance or reductions of targets due to lack of infrastructure or natural conditions

S.B. 1025- AN ACT CONCERNING SHORT-TERM RENTAL PROPERTIES. To (1) require that (A) short-term rental properties be licensed by the Commissioner of Consumer Protection, (B) short-term rental operators notify owners of abutting and adjacent properties regarding use of a dwelling unit as a short-term rental property, and (C) short-term rental operators maintain minimum insurance coverage and the Insurance Commissioner adopt regulations concerning such coverage, (2) permit municipalities to tax short-term rental operators, and (3) subject short-term rental transactions to the sales and use tax.

CCAPA Testimony 1025. Died in Committee.


S.B. 1027AN ACT CONCERNING ACCESSORY DWELLING UNITS AND ZONING REGULATIONS. To require (1) municipalities to permit accessory dwelling units, and (2) a majority vote of the members of a zoning commission to adopt a protested zoning regulation or zoning district boundary change.

CCAPA Testimony SB 1027. Died in Committee.


S.B. No. 1068  AN ACT CONCERNING PROPERTY TAXES AND AFFORDABLE HOUSING

CCAPA Testimony 3/22/2021. Died in Committee.


5683– AN ACT CONCERNING AFFORDABLE HOUSING

CCAPA Testimony: "This bill would amend ​CGS §8-30g, adding a new item 6 to Subsection k​ that allows for including what is commonly referred to as “naturally-occurring affordable housing” to a community’s documented affordable housing unit supply under the Affordable Housing Appeals Statute (8-30g). CCAPA supports the Proposed Bill, but suggests that some additional discussion may be required to workout the mechanics of implementation." (excerpt)

Died in Committee.

6612- AN ACT CONCERNING PROTECTIONS FOR FAMILY CHILD CARE HOMES AND THE ZONING ENABLING ACT. To (1) clarify and enforce protections for licensed family child care homes and prevent landlords and certain homeowners associations from placing restrictions on the operation of such homes, and (2) reorganize the zoning enabling act.

3/15 Public Hearing. Died in Committee.


6613. AN ACT CONCERNING ACCESSORY APARTMENTS, MIDDLE HOUSING AND MULTIFAMILY HOUSING. To require municipal zoning commissions to adopt regulations allowing accessory apartments, middle housing and multifamily housing.

CCAPA Testimony 6613

3/15 Public Hearing. Died in Committee.


804- AN ACT CONCERNING INCLUSION IN CERTAIN COMMUNITIES.

CCAPA Testimony: "This Proposed Bill appears to be a placeholder for a broad and much more specific proposal to advance something like the Desegregate CT agenda. We would respectfully suggest that the Committee either defer to a different piece of legislation that promotes these goals with much more specificity, or to postpone action on this Proposed Bill until it is given the necessary detail to be considered a complete legislative proposal." (excerpt)

2/18 Public Hearing. Died in Committee.


698 AN ACT CONCERNING THE ONLINE PUBLICATION OF LEGAL NOTICES BY MUNICIPALITIES

BIll information- 698

CCAPA Testimony SB 698

Died in Committee.