SB 916 — AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND OTHER ENFORCEMENT ACTIONS FOR UNPAID SEWER ASSESSMENTS AND OTHER FEES AND CHARGES.

Senate General Assembly RaisedFile Bill No.

916218 January Session, 2023 LCOSenate Bill No.

3080916 ReferredSenate, toMarch 27, 2023 The Committee on PLANNINGPlanning ANDand DEVELOPMENTDevelopment Introducedreported by:through SEN.

(PD)RAHMAN ANof ACTthe CONCERNING4th FORECLOSURE,Dist., ASSIGNMENTChairperson ANDof OTHERthe ENFORCEMENTCommittee ACTIONSon FORthe UNPAIDpart SEWERof ASSESSMENTSthe ANDSenate, OTHERthat FEESthe ANDbill CHARGES.ought to pass.

AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND OTHER ENFORCEMENT ACTIONS FOR UNPAID SEWER ASSESSMENTS AND OTHER FEES AND CHARGES.

(b) (1) Whenever any installment of an assessment becomes delinquent, the interest on such delinquent installment shall be as provided in subsection (a) of this section or five dollars, whichever is LCOSB916 3080/ \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00916-R01File of 6 SB.docx Bill No.

916218 greater.1 SB916 File No.

218 greater.

The tax collector ofofthemunicipalitymaycollectsuchassessmentsinaccordance thewithany municipality may collect such assessments in accordance with any mandatory provision of the general statutes for the collection of property taxes and the municipality may recover any such assessment in a civil action against any person liable therefor.

(2) In the case of one or more liens for any unpaid assessment and any interest due thereon, as described in subdivision (1) of this subsection, upon any owner-occupied real estate, no such lien or liens may bebeenforced enforcedunlesstheprincipalfor unless the principal for all such liensliensupon uponsuchowner- suchoccupied owner-occupied real estate exceeds four thousand dollars.

(c) [Any] (1) Except as provided in subdivision (2) of this subsection, any municipality, by resolution of its legislative body, may assign, for consideration,consideration,anyandallliensfiledbythetaxcollectortosecureunpaid anysewer andassessmentsasprovidedunder alltheprovisionsofthis lienschapter.The filedconsideration received by the taxmunicipality collectorshall tobe securenegotiated unpaidbetween sewerthe assessmentsmunicipality asand provided under the provisionsassignee. of this chapter.

The consideration received by the municipality shall be negotiated between the municipality and the assignee.

LCO(a) 3080(1) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00916-R01-Any 2charge for connection with or for the use of 6a SB.docxsewerage }SB916 Bill/ File No.

916218 (a)2 (1)SB916 AnyFile chargeNo. for connection with or for the use of a sewerage system, not paid within thirty days of the due date, shall thereupon be delinquent and shall bear interest from the due date at the rate and in the manner provided by the general statutes for delinquent property taxes.

218 system, not paid within thirty days of the due date, shall thereupon be delinquent and shall bear interest from the due date at the rate and in the manner provided by the general statutes for delinquent property taxes.

Any such unpaid connection or use charge shallshallconstitutealienupontherealestateagainstwhichsuchchargewas constitute a lien upon the real estate against which such charge was levied from the date it became delinquent.

Each such lien may be continued,continued,recordedandreleasedinthemannerprovidedbythegeneral recorded and released in the manner provided by the general statutes for continuing, recording and releasing property tax liens.

(2) In the case of one or more liens for any unpaid connection or use charge, as described in subdivision (1) of this subsection, upon any owner-occupied real estate, no such lien or liens may be foreclosed LCOunless 3080the {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00916-R01-3principal offor 6all SB.docxsuch }liens Billupon No.such owner-occupied real estate exceeds four thousand dollars.

916SB916 unless/ theFile principalNo. for all such liens upon such owner-occupied real estate exceeds four thousand dollars.

(b)218 [Any]3 (1)SB916 ExceptFile asNo. provided in subdivision (2) of this subsection, any municipality, by resolution of its legislative body, may assign, for consideration, any and all liens filed by the tax collector or collector of sewerage system connection and use charges to secure unpaid sewerage connection and use charges as provided under the provisions of this chapter.

218 (b) [Any] (1) Except as provided in subdivision (2) of this subsection, any municipality, by resolution of its legislative body, may assign, for consideration, any and all liens filed by the tax collector or collector of sewerage systemconnectionanduse charges to secure unpaid sewerage connection and use charges as provided under the provisions of this chapter.

(2)(2)Inthecaseofoneormoreliensfiledbythetax Incollectororcollector the case of one or more liens filed by the tax collector or collector of sewerage system connection and use charges to secure unpaid sewerage connection and use charges, as described in subdivision (1) of this subsection, upon any owner-occupied real estate, no such lien or liens may be assigned unless the principal for all such liens upon such owner-occupied real estate exceeds four thousand dollars.

(2) establish, revise and collect rates, fees, charges, penalties and assessments for the use and benefitsbenefitsofa ofwastewater system;and(3)order theowner ofany building which is accessible to a wastewater system;system to connect to such system, all inthemannerprovidedinsections7-249to7-257,inclusive,andsections 22a-416 to 22a-599, inclusive.

and(b) (3)(1) orderAny theassessment owner of benefits, including any buildinginstallment whichthereof, and any charge, fee, fine or other amount that is accessiblenot paid within thirty days after the due date shall be delinquent, shall be subject to interest and shall constitute a wastewaterlien systemupon tothe connectpremises toserved suchand system,a charge upon the owner thereof all in the manner provided inboth sectionsby 7-249the toprovisions 7-257,of inclusive,the general statutes for delinquent property taxes and sectionsby 22a-416section to7-258, 22a-599,as inclusive.amended by this act.

(b)The (1)rules Anyand assessmentregulations of benefits,the includingauthority anymay installmentprovide thereof,for andthe anydiscontinuance charge,of fee,water finepollution orcontrol otherservice amountfor thatnonpayment isof nottaxes, paidspecial withinassessments, thirtyfees, daysrates, afterpenalties theor dueother dateSB916 shall/ beFile delinquent, shall be LCO 3080 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00916-R01-4 of 6 SB.docx } Bill No.

916218 subject4 toSB916 interestFile andNo. shall constitute a lien upon the premises served and a charge upon the owner thereof all in the manner provided both by the provisions of the general statutes for delinquent property taxes and by section 7-258, as amended by this act.

The218 rules and regulations of the authority may provide for the discontinuance of water pollution control service for nonpayment of taxes, special assessments, fees, rates, penalties or other charges therefor imposed under sections 22a-22a-500 500 to 22a-519, inclusive.

The authority may institute a civil action against such owner to recover the amount of any such fee or charge which remains due and unpaid for thirty days along with interest thereon at the same rate as unpaid taxes and with reasonable attorneys' fees, provided no such civil action to recover such amount may be instituted against the owner of an owner-owner-occupied occupied premises unless the principal for such amount exceeds four thousand dollars.

(2) In the case of one or more liens for any assessment of benefits and any charge, fee, fine or other amount that is not paid within thirty days after the due date, as described in subdivision (1) of this subsection, upon any owner-occupied premises served, no such lien or liens may be foreclosed unless the principal for all such liens upon such owner-occupiedowner- occupied premises served exceeds four thousand dollars.

Subsection (a) of section 49-92o of the general statutes is repealed andandthefollowing theissubstituted followinginlieuthereof(EffectiveOctober is substituted in lieu thereof (Effective October 1, 2023, and applicable to actions filed on or after October 1, 2023):

(a) [Any] (1) Except as provided in subdivision (2) of this subsection, any regional sewer authority established under an act of the General Assembly, may assign, for consideration, any and all liens LCOfiled 3080by {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00916-R01-such 5regional ofsewer 6authority SB.docxto }secure Billunpaid No.sewer assessments or connection or use charges of the authority.

916 filed by such regional sewer authority to secure unpaid sewer assessments or connection or use charges of the authority.

(2) In the case of one or more liens filed by a regional sewer authority to secure unpaid sewer assessment or connection or use charges of the authority, as described in subdivision (1) of this subsection, upon any owner-occupiedSB916 real/ estate,File noNo. such lien or liens may be assigned unless the principal for all such liens upon such owner-occupied real estate exceeds four thousand dollars.

218 5 SB916 File No.

218 owner-occupied real estate, no such lien or liens may be assigned unless the principal for all such liens upon such owner-occupied real estate exceeds four thousand dollars.

4 October 1, 2023, and 49-92o(a) applicable to actions filed on or after October 1, 2023 PD Joint Favorable LCOSB916 3080/ {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00916-R01-File 6No. of 6 SB.docx }

218 6 SB916 File No.

218 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.