SB 1010 — AN ACT CONCERNING THE DISCLOSURE OF DAMS AND SIMILAR STRUCTURES BY OWNERS OF REAL PROPERTY.

General Assembly SubstituteRaised Bill No.

1010 January Session, 2019 ANLCO ACTNo. CONCERNING THE DISCLOSURE OF DAMS AND SIMILAR STRUCTURES BY OWNERS OF REAL PROPERTY.

5087 Referred to Committee on PLANNING AND DEVELOPMENT Introduced by:

(PD) AN ACT CONCERNING THE DISCLOSURE OF DAMS AND SIMILAR STRUCTURES BY OWNERS OF REAL PROPERTY.

(NEW)Section (Effective22a-409 Julyof 1, 2019) (a) Not later than fifteen days prior to the signinggeneral ofstatutes anyis purchaserepealed and sale agreement, the sellerfollowing of any real property on which a dam or similar structure is locatedsubstituted shallin notifylieu thethereof prospective(Effective buyerJuly of1, such2019): real property (1) of the existence of such dam or structure;

(2)(a) whetherThe suchcommissioner damshall orcause similara structuresurvey isand categorizedmaps asto abe highmade hazardof each town showing the location of any dams or significantsimilar hazardstructures pursuantwithin tosuch subsectiontown, (a)and ofshall sectionfile 22a-409a copy of such map with the generaltown statutes;clerk.

On and (3)after ofOctober the1, results[2007] of2019, the mostowner recentof inspectionreal ofproperty suchwhere dama [high hazard or similarsignificant structure,hazard] ifdam any,is conductedlocated pursuantshall cause to subsectionbe (c)recorded ofon sectionthe 22a-409land records in the municipality where the property is located a document that identifies the existence of the generaldam statutes.and whether the dam is categorized as a high hazard dam or a significant hazard dam.

(b)The Notcommissioner latershall thanpublish thirty days after the sale of any real property described in subsection (a) of this section on which is located a (1)standardized highform hazard or significant hazard dam required to be recordedused onfor the land records in the municipality where such realpurposes. property is located pursuant to subsection (a) of section 22a-409 of the general statutes, that has not been so recorded, or (2) dam or structure required to be registered with the Commissioner of Energy and Environmental Protection pursuant to subsection (b) of section 22a-409 of the general statutes, that has not been so registered, the buyer of such real LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01010-R1 of 11 SB.docx Substitute Bill No.

1010(b) propertyThe shallowner registerof suchany dam or structuresimilar or cause such dam or structure tothat, beby recordedfailing, inmay accordanceendanger withlife theor provisionsproperty ofand saidthat sectionis 22a-409not ofalready theregistered generalshall statutes.LCO No.

5087 1 of 13 Raised Bill No.1010 register on or before October 1, 2015, with the Commissioner of Energy and Environmental Protection on a form prescribed by the commissioner, the location and dimensions of such dam or structure and such other information as the commissioner may require.

Any information reported on such form that the commissioner cannot otherwise independently obtain shall not be used by the commissioner to order the payment of a civil penalty pursuant to section 22a-6d or 22a-407 provided such form is submitted to the commissioner on or before October 1, 2015.

The fee for registration shall be as follows:

(1) Dams or similar structures five feet or more in height but less than fifteen feet, fifty dollars;

(2) dams or similar structures fifteen feet or more in height but less than twenty-five feet, one hundred dollars;

and (3) dams or similar structures twenty-five feet or more in height, two hundred dollars.

Dams or similar structures less than five feet in height shall be registered without fee.

As used in this subsection, "height" means the vertical distance from the crest of a dam or similar structure to the downstream toe of such dam or similar structure.

The owner of any dam or similar structure shall notify the commissioner by registered or certified mail, return receipt requested, of a transfer of ownership of such dam or similar structure not later than ten days after the date of such transfer.

(c) The commissioner shall notify the owner of any dam or similar structure registered pursuant to subsection (b) of this section, in writing, by certified mail, return receipt requested, not later than January fifteenth of any year in which inspection of such dam is due.

Such notice shall identify the classification of such dam, as set forth in the regulations adopted pursuant to this subsection, and include a statement of the frequency for such inspection, as set forth in such regulations.

Upon receipt of such timely notification by the commissioner, the owner of any such dam or similar structure shall cause such structure to be inspected in accordance with the regulations adopted pursuant to this subsection by a registered professional engineer licensed in the state and shall, not later than March fifteenth of the following year, submit the results of such inspection to the LCO No.

5087 2 of 13 Raised Bill No.1010 commissioner on a form prescribed by the commissioner.

The commissioner shall periodically inspect dams registered pursuant to subsection (b) of this section for quality assurance when an owner fails to undertake a regularly scheduled inspection and as necessary after a flood event.

The fee for any such inspection shall be six hundred sixty dollars until such time as regulations are adopted concerning such inspection fees.

Any dam which impounds less than three acre-feet of water or any dam which the commissioner finds has a potential for negligible damage in the event of a failure, after an initial inspection, shall be exempt from the provisions of this subsection except upon determination by the commissioner that such dam poses a unique hazard.

The commissioner shall adopt regulations in accordance with the provisions of chapter 54 establishing (1) a schedule for the frequency of and procedures for inspection of dams, (2) the inspection fees for inspections undertaken by the department, sufficient to cover the reasonable cost of such inspections, (3) procedures for registration and criteria for waiver of registration and inspection fees, and (4) criteria for determining whether a dam has a potential for negligible damage in the event of a failure.

(d) Not later than fifteen days prior to the signing of any purchase and sale agreement, the owner of any dam or similar structure shall notify a prospective buyer of the real property on which such dam or similar structure is located (1) of the existence of such dam or structure;

(2) whether such dam or similar structure is categorized as a high hazard or significant hazard;

and (3) of the results of the most recent inspection of such dam or similar structure conducted pursuant to subsection (c) of this section.

The written residential disclosureLCO reportNo. shall be based upon a template that the commissioner shall prescribe.

5087 3 of 13 Raised Bill No.1010 disclosure report shall be based upon a template that the commissioner shall prescribe.

(2) Pursuant to the Uniform Property Condition Disclosure Act, the LCOseller {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0102is ofobligated 11to R01-SB.docxanswer }the Substitutefollowing Billquestions No.and to disclose herein any knowledge of any problem regarding the following:

1010 seller is obligated to answer the following questions and to disclose herein any knowledge of any problem regarding the following:

(ii)LCO IndicateNo. HOW LONG you have occupied the property:

5087 4 of 13 Raised Bill No.1010 (ii) Indicate HOW LONG you have occupied the property:

(vi) Is a dam or similar structure that is capablerequired ofto impoundingbe orrecorded controlling the flow of water, including, but not limited to, a stormwater retention or detentionregistered dam,pursuant floodto controlsection structure,22a-409 dikeof orthe incompletelygeneral breachedstatutes dam located on the property? If YES, ishas the hazard classification of the dam or similar structure known?been Ifrecorded YES,or whatregistered ison thetown classification?land Ifrecords, required, has the dam or structure been inspectedcategorized oras hasa anhigh emergencyhazard actionor plansignificant beenhazard, prepared?and Dowhen youwas have any obligations relating to the dam or structure thatlast wouldinspected? passProvide to the buyer? [(vi)] (vii) Do you have any reasonand toall believewritten thatdocumentation theconcerning municipalitysuch ininspection whichwithin theyour subjectcontrol propertyor ispossession locatedby mayattaching imposea anycopy assessment LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0103 of 11such R01-SB.docxdocumentation }to Substitutethis Billform. No.

1010[(vi)] (vii) Do you have any reason to believe that the municipality in which the subject property is located may impose any assessment for purposes such as sewer installation, sewer improvements, water main installation, water main improvements, sidewalks or other improvements? If YES, explain:

[(x)]LCO (xi)No. Is the property subject to any type of land use restrictions, other than those contained within the property's chain of title or that are necessary to comply with state laws or municipal zoning? If YES, explain:

5087 5 of 13 Raised Bill No.1010 [(x)] (xi) Is the property subject to any type of land use restrictions, other than those contained within the property's chain of title or that are necessary to comply with state laws or municipal zoning? If YES, explain:

FIRE ALARM LCOSYSTEM; {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0104 of 11 R01-SB.docx } Substitute Bill No.