Connecticut 2024 Regular Session Status: Passed Senate 5 D cosponsors

SB 149 — AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND OTHER ENFORCEMENT ACTIONS FOR UNPAID SEWER ASSESSMENTS AND OTHER FEES AND CHARGES.

Last action — HOUSE CALENDAR NUMBER 479

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

230 added · 144 removed

230 line(s) added, 144 removed.

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General Assembly Raised Bill No.
Senate General Assembly File No.
149 February Session, 2024 LCO No.
39 February Session, 2024 Substitute Senate Bill No.
52 Referred to Committee on PLANNING AND DEVELOPMENT Introduced by:
149 Senate, March 18, 2024 The Committee on Planning and Development reported through SEN.
(PD) AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND OTHER ENFORCEMENT ACTIONS FOR UNPAID SEWER ASSESSMENTS AND OTHER FEES AND CHARGES.
RAHMAN of the 4th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill 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 greater.
(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 sSB149 / File No.
Any unpaid assessment and any interest due thereon shall constitute a lien upon the real estate against which the assessment was LCO No.
39 1 sSB149 File No.
52 1 of 6 Raised Bill No.149 levied from the date of such levy.
39 greater.
Any unpaid assessment and any interest due thereon shall constitute a lien upon the real estate against which the assessment was levied from the date of such levy.
(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 beenforced unlesstheprincipalfor all suchliensupon suchowner- occupied real estate exceeds four thousand dollars.
(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 beenforced unlesstheprincipalfor all suchliensupon suchowner- occupied real estate exceeds four thousand dollars or five years have elapsed from the date any such lien was filed and such lien remains unpaid.
(2) In the case of one or more liens filed by the tax collector to secure unpaid assessments, 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) In the case of one or more liens filed by the tax collector to secure unpaid assessments, 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 or five years have elapsed from the date any such lien was filed and such lien remains unpaid.
Subsections (a) and (b) of section 7-258 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2024, and applicable to actions filed on or after October 1, 2024):
Subsections (a) and (b) of section 7-258 of the general statutes sSB149 / File No.
(a) (1) Any charge 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 LCO No.
39 2 sSB149 File No.
52 2 of 6 Raised Bill No.149 the manner provided by the general statutes for delinquent property taxes.
39 are repealed and the following is substituted in lieu thereof (Effective October 1, 2024, and applicable to actions filed on or after October 1, 2024):
(a) (1) Any charge 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.
(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 unless the principal for all such liens upon such owner-occupied real estate exceeds four thousand dollars.
(2) In the case of one or more liens for any unpaid connection or use sSB149 / File No.
(b) [Any] (1) Except as provided in subdivision (2) of this subsection, LCO No.
39 3 sSB149 File No.
52 3 of 6 Raised Bill No.149 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.
39 charge, as described in subdivision (1) of this subsection, upon any owner-occupied real estate, no such lien or liens may be foreclosed unless the principal for all such liens upon such owner-occupied real estate exceeds four thousand dollars or five years have elapsed from the date any such lien was filed and such lien remains unpaid.
(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)Inthecaseofoneormoreliensfiledbythetax collectororcollector 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)Inthecaseofoneormoreliensfiledbythetaxcollectororcollector 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 or five years haveelapsedfromthedateanysuchlienwas filedandsuchlienremains unpaid.
(b) (1) Any assessment of benefits, including any installment thereof, and any charge, fee, fine or other amount that is not paid within thirty days after the due date shall be delinquent, shall be subject to interest and 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.
(b) (1) Any assessment of benefits, including any installment thereof, sSB149 / File No.
The 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 LCO No.
39 4 sSB149 File No.
52 4 of 6 Raised Bill No.
39 and any charge, fee, fine or other amount that is not paid within thirty days after the due date shall be delinquent, shall be subject to interest and 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.
149 charges therefor imposed under sections 22a-500 to 22a-519, inclusive.
The 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-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-occupied premises unless the principal for such amount exceeds four thousand dollars.
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-occupied premises unless the principal for such amount exceeds four thousand dollars or five years have elapsed from the date any such lien was filed and such lien remains unpaid.
(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- occupied premises served 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- occupied premises served exceeds four thousand dollars or five years haveelapsedfromthedateanysuchlienwas filedandsuchlienremains unpaid.
(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 filed by such regional sewer authority to secure unpaid sewer assessments or connection or use charges of the authority.
sSB149 / File No.
39 5 sSB149 File No.
39 (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 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 LCO No.
(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-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 or five years have elapsed from the date any such lien was filed and such lien remains unpaid.
52 5 of 6 Raised Bill No.
149 authority, 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.
4 October 1, 2024, and 49-92o(a) applicable to actions filed on or after October 1, 2024 Statement of Purpose:
4 October 1, 2024, and 49-92o(a) applicable to actions filed on or after October 1, 2024 PD Joint Favorable Subst.
To prohibit foreclosure, assignment and other enforcement actions for unpaid sewer assessment and other fees and charges in the case of owner-occupied real property for which the principal of such unpaid assessments, fees and charges is less than four thousand dollars.
sSB149 / File No.
[Proposed deletions are enclosed in brackets.
39 6 sSB149 File No.
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.] LCO No.
39 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.
52 6 of 6
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.
OFA Fiscal Note State Impact:
None Municipal Impact:
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See Below Explanation The bill prevents Municipal Water Pollution Control Authorities (WPCAs) from assigning or enforcing a lien on owner-occupied property with unpaid assessments until the outstanding principal reaches or exceeds $4,000, or five years have elapsed from the date the lien was filed.
By restricting the WPCAs' use of liens, the bill potentially reduces the amount of outstanding debt that they may collect.
However, any potential revenue loss is reduced by the five-year time stipulation.
It is anticipated that any revenue loss a WPCA would realize as a result of this bill would be offset by increased sewer use fees and assessments on all users.
The Out Years State Impact:
None Municipal Impact:
None sSB149 / File No.
39 7 sSB149 File No.
39 OLR Bill Analysis sSB 149 AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND OTHER ENFORCEMENT ACTIONS FOR UNPAID SEWER ASSESSMENTS AND OTHER FEES AND CHARGES.
SUMMARY This bill limits the enforcement and assignment of liens for delinquent sewer assessments and charges on owner-occupied real estate by municipal and regional sewer or water pollution control authorities (WPCA).
It does so by prohibiting the following actions on these properties unless a lien’s principal amount exceeds $4,000 or five years have passed since the lien was filed and it remains unpaid:
1.
municipal WPCAs enforcing liens for delinquent sewer assessments (e.g., by foreclosing the liens or selling the property at a tax sale) (§ 1);
2.
municipal WPCAs foreclosing liens for delinquent connection or use charges (§ 2);
3.
regional WPCAs foreclosing liens for delinquent assessments and connection and use charges or taking a civil action to recover the delinquent amounts (§ 3);
and 4.
municipal WPCAs and regional sewer authorities assigning liens for delinquent assessments or use charges (§§ 1-2 & 4).
For the regional entities, the principal amount of the liens for delinquent assessments and charges must be combined to determine whether they exceed the $4,000 threshold.
For the municipal WPCAs, the threshold is calculated separately for assessments and charges.
sSB149 / File No.
39 8 sSB149 File No.
39 By law, unchanged by the bill, the statute of limitations for sewer liens (like property tax liens) is generally 15 years (CGS § 12-175).
EFFECTIVE DATE:
October 1,2024, and applicable to actions filed on or after that date.
BACKGROUND Sewer Fees There are generally three types of sewer fees:
benefit assessments, user charges, and connection charges.
Benefit assessments are meant to cover the capital costs incurred in building sanitary sewer lines and treatment plans.
They are based on the benefits, or anticipated benefits, a property owner receives or will receive from the system.
User charges are paid by sewer line users and are designed to recoup the costs of operating and maintaining the system.
Connection charges apply when a property owner ties his or her property to a sewer line.
Related Bill HB 5144, favorably reported by the Banking Committee, reduces, from 18% to 12%, the annual interest rate on delinquent property taxes (and certain other assessments, including sewer assessments and charges)whenthelienisassignedtoathirdparty,amongotherchanges.
COMMITTEE ACTION Planning and Development Committee Joint Favorable Substitute Yea 12 Nay 8 (03/01/2024) sSB149 / File No.
39 9
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes a threshold of four thousand dollars for the enforcement of liens and other actions related to unpaid sewer assessments and charges on owner-occupied real estate, preventing such actions if the total amount is below that threshold.

  • Section 7-254

    Any → Except as provided in subdivision (2) of this subsection, any

    Adds a condition preventing enforcement actions for low amounts on owner-occupied properties.

  • Section 7-254

    no such lien or liens may beenforced unlesstheprincipalfor all suchliensupon suchowner-occupied real estate exceeds four thousand dollars. → no such lien or liens may be enforced unless the principal for all such liens upon such owner-occupied real estate exceeds four thousand dollars.

    Clarifies that liens on owner-occupied properties can only be enforced if the total exceeds four thousand dollars.

  • Section 7-258

    Any → Except as provided in subdivision (2) of this subsection, any

    Establishes the same enforcement threshold for liens on unpaid sewer connection and use charges.

  • Section 7-258

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

    Ensures no foreclosure can occur under a specified financial threshold.

  • Section 22a-506

    no such civil action to recover such amount may be instituted against the owner of an owner-occupied premises unless the principal for such amount exceeds four thousand dollars. → no such civil action to recover such amount may be instituted against the owner of an owner-occupied premises unless the principal for such amount exceeds four thousand dollars.

    Similar prohibition on civil actions for unpaid amounts under four thousand dollars for owner-occupied properties.

  • Section 49-92o

    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. → 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.

    Maintains the four thousand dollar condition for assignment of liens related to owner-occupied real estate.

Action History

  1. HOUSE CALENDAR NUMBER 479

  2. FAV. RPT., TABLED FOR HOUSE CALENDAR

  3. RULES SUSPENDED,TRANS.TO HOUSE

  4. SENATE PASSED

  5. FILE NO. 39

  6. SENATE CALENDAR NUMBER 59

  7. FAV. RPT., TAB. FOR CAL., SEN.

  8. RPTD. OUT OF LCO

  9. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/18/24

  10. FILED WITH LCO

  11. Joint Favorable Substitute

  12. PUBLIC HEARING 0221

  13. REF. TO JOINT COMM. ON Planning and Development

Sponsors

Sponsorship breakdown

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5 sponsors · 0 co-sponsors · 182 not signed on · 10 voted No

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Senate Roll Call Vote

Passed 25 Yea · 10 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 23000
Unaffiliated 2100
Republican 0901
Total 251001
% of votes cast 69%28%0%3%
How each member voted (36)
Member Party Vote
Kevin C. Kelly — Yea
Lisa Seminara — Nay
Marilyn Moore — Yea
Bob Duff Democratic Yea
Catherine A. Osten Democratic Yea
Ceci Maher Democratic Yea
Christine Cohen Democratic Yea
Derek Slap Democratic Yea
Douglas McCrory Democratic Yea
Gary A. Winfield Democratic Yea
Herron Gaston Democratic Yea
James J. Maroney Democratic Yea
Jan Hochadel Democratic Yea
Joan V. Hartley Democratic Yea
John W. Fonfara Democratic Yea
Jorge Cabrera Democratic Yea
Julie Kushner Democratic Yea
MD Rahman Democratic Yea
Mae Flexer Democratic Yea
Martha Marx Democratic Yea
Martin M. Looney Democratic Yea
Matthew L. Lesser Democratic Yea
Norman Needleman Democratic Yea
Patricia Billie Miller Democratic Yea
Rick Lopes Democratic Yea
Saud Anwar Democratic Yea
Eric C. Berthel Republican Nay
Heather S. Somers Republican Nay
Henri Martin Republican Nay
Jeff Gordon Republican Nay
John A. Kissel Republican Nay
Paul Cicarella Republican Nay
Rob Sampson Republican Nay
Ryan Fazio Republican Nay
Stephen G. Harding Republican Not Voting
Tony Hwang Republican Nay

Official roll call →

Subjects

taxation housing
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Frequently asked questions

Who sponsors SB 149?
SB 149 is sponsored by Saud Anwar (Democratic), Martin M. Looney (Democratic), Antonio Felipe (Democratic), Christopher Rosario (Democratic), and MD Rahman (Democratic).
What is the current status of SB 149?
This bill died with 2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 149?
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