2017 Legislative Session

2017 Session

Public Acts

SB 922/ Public Act No. 17-155 – An Act Concerning Temporary Health Care Structures

§  Law allows a temporary health care structures by default as an accessory use on a lot zoned for single-family detached dwellings. Municipalities may opt out of this default position with affirmative votes of the zoning commission and municipal legislative body.

§  See CCAPA Fact Sheet NEW! and Supplemental Q&A for details. CCAPA testimony

§  Effective October 1, 2017

HB 7222/ Public Act No. 17-146 – An Act Concerning the Department of Public Health’s Various Revisions to the Public Health Statutes

§  The act includes provisions to increases the size of subsurface disposal systems (generally, septic systems) over which DPH, rather than DEEP, has jurisdiction, from a capacity of up to 5,000 gallons per day to up to 7,500 gallons per day.

§  This change was originally proposed in H.B. 5416: AN ACT CONCERNING THE THRESHOLD FOR THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION’S REVIEW OF COMMUNITY WATER SYSTEMS. 5416 CCAPA Statement

§  Effective July 1, 2017

HB 7055/ Public Act No. 17-230 An Act Concerning Recommendations by the Department of Transportation Regarding the Notification of State Construction Contract Opportunities by the University of Connecticut and the Commissioner of Transportation, Parking Spaces, Wayside Horns, the Disposition of Excess State Property, Heavy Duty Trailers, Flashing Lights on Motor Vehicles, Child Restraint Systems, Pesticide Application by Railroad Companies, the “Move Over” Law, Road Design Standards, and Road and Bridge Designations

§  Requires CT DOT to update road design standards by July 1, 2018 to include, as appropriate, the standards contained within the NACTO Urban Bikeway Design Guide and the NACTO Urban Street Design Guide

§  CCAPA supported related bill H.B. 6966: AN ACT MODIFYING GUIDELINES FOR URBAN STREET DESIGN statement

SB944/ Public Act No. 17-39 An Act Clarifying the Continuation of Nonconforming Uses, Buildings or Structures. 

§  Specifies that municipal zoning regulations cannot terminate or deem abandoned a nonconforming use, building, or structure unless the property owner voluntarily discontinues the nonconforming use, building, or structure with the intent not to reestablish it.

§  Specifies that demolishing or deconstructing a nonconforming use, building, or structure is not, by itself, evidence of an owner’s intent to abandon the use, building, or structure.

HB 6880 / Public Act No. 17-170 An Act Concerning the Affordable Housing Land Use Appeals Procedure (Assembly passed override of Governor’s veto)

§  Among other provisions, reduces the threshold of affordable housing production necessary for municipalities to attain moratoria from Affordable Housing Land Use Appeals.

§  Modifies the point structure for units qualifying municipalities for moratoria.

§  Requires municipalities to adopt an affordable housing plan at least every five years. Such plan shall specify how the municipality intends to increase the number of affordable housing developments in the municipality. An “affordable housing development” is defined as a “proposed housing development which is (A) assisted housing, or (B) a set-aside development.”  For examples of local affordable housing plans, see Fairfield 2014 Housing Needs Assessment and Salisbury 2018 Affordable Housing Plan.

§  Effective from passage. Some provisions sunset in 2022.

§  CCAPA testimony opposing this and other bills related to Affordable Housing Land Use Appeals Law (8-30g): statement 1  statement

§  Read Governor Malloy’s veto message. The General Assembly voted to override the veto on July 24, 2017.

§  Shipman & Goodwin Briefing Paper on changes.

HB 7250/ Public Act No. 17-49 An Act Concerning Desecration of an Abandoned Cemetery

§  Extends legal protections to abandoned cemeteries.

§  Interference with a cemetery or burial ground is a class C felony.

§  See write-up

http://cttrust.org/publications/cpn

 in Connecticut Preservation News September/October 2017 issue.

Failed Bills:

S.B. 752:  AN ACT CONCERNING HOUSING SEGREGATION statement

H.B. 6920: AN ACT CONCERNING THE FURTHERANCE OF REGIONALISM statement

H.B. 5592: AN ACT CONCERNING INCENTIVES FOR MUNICIPAL REVITALIZATION PROJECTS statement

S.B. No. 819 (RAISED): AN ACT RAISING THE ANNUAL CAP ON TAX CREDITS FOR THE REHABILITATION OF CERTIFIED HISTORIC STRUCTURES statement