SB 11 — AN ACT CONCERNING CONNECTICUT RESILIENCY PLANNING AND PROVIDING MUNICIPAL OPTIONS FOR CLIMATE RESILIENCE.

19811 body shall review the legislativedistrict bodymaster plan not less than once every ten years after the initial approval of eachthe applicableresiliency municipality.improvement district and the district master plan in order for the resiliency improvement district andthedistrict master planto remainineffect,providedno such district may be dissolved for the failure to comply with this section if any bonds or other indebtedness authorized and issued by the municipality under sections 2 to 10, inclusive, of this act remain outstanding.

Such legislative body shall review the district master plan not less than once every ten years after the initial approval of the resiliency improvement district and the district master plan in order for the resiliency improvement district andthedistrict master planto remainineffect,providedno such district may be dissolved for the failure to comply with this section if any bonds or other indebtedness authorized and issued by the municipality under sections 2 to 10, inclusive, of this act remain outstanding.

(2) amount by which the current assessed value has increased or decreased from the original assessed value, sSB11subject /to Fileany No.assessment agreements;

198and (3) amount of the captured LCO 11 sSB11of File62 Substitute Bill No.

19811 subjectassessed tovalue. any assessment agreements;

and (3) amount of the captured assessed value.

(A) To the development sinking fund account, an amount sufficient, together with estimated future revenues to be deposited to the account and earnings on the amount, to satisfy all annual debt service on the sSB11indebtedness /issued Filein accordance with section 8 of this act and the LCO 12 of 62 Substitute Bill No.

19811 12financial sSB11plan, Fileexcept No.for general obligation bonds of the municipality secured solely by the full faith and credit of the municipality;

198 indebtedness issued in accordance with section 8 of this act and the financial plan, except for general obligation bonds of the municipality secured solely by the full faith and credit of the municipality;

(NEW) (Effective July 1, 2024) Costs authorized for payment froma district master planfund,establishedpursuantplanfund, establishedpursuant to section5ofthis act shall be limited to:

(1) Costs of improvements made within the resiliency improvement district, including, but not limitedto,(A)capitalcosts,including,but not limited to, (i) the acquisition or construction of land, improvements, infrastructure, measures designed to improve resilience, environmental infrastructure, clean energy projects, public ways, parks, buildings, structures, railings, signs, landscaping, plantings, curbs, sidewalks, sSB11turnouts, /recreational Filefacilities, structured parking, transportation LCO 13 of 62 Substitute Bill No.

19811 13improvements, sSB11pedestrian Fileimprovements No.and other related improvements, fixtures and equipment for public or private use, (ii) the demolition, alteration, remodeling, repair or reconstruction of existing buildings, structures and fixtures, (iii) environmental remediation, (iv) site preparation and finishing work, and (v) all fees and expenses associated with the capital cost of such improvements, including, but not limited to, licensing and permitting expenses and planning, engineering, architectural, testing, legal and accounting expenses;

198 turnouts, recreational facilities, structured parking, transportation improvements, pedestrian improvements and other related improvements, fixtures and equipment for public or private use, (ii) the demolition, alteration, remodeling, repair or reconstruction of existing buildings, structures and fixtures, (iii) environmental remediation, (iv) site preparation and finishing work, and (v) all fees and expenses associated with the capital cost of such improvements, including, but not limited to, licensing and permitting expenses and planning, engineering, architectural, testing, legal and accounting expenses;

(B) sSB11LCO /14 Fileof 62 Substitute Bill No.

19811 14costs sSB11of Filepublic No.safety and public school improvements made necessary by the establishment of the resiliency improvement district;

198 costs of public safety and public school improvements made necessary by the establishment of the resiliency improvement district;

(b)LCO Before15 estimatingof and62 makingSubstitute aBill benefit assessment under sSB11 / File No.

19811 15(b) sSB11Before Fileestimating No.and making a benefit assessment under subsection (a) of this section, the municipality shall hold not less than one public hearing on such municipality's schedule of benefit assessments or any revision thereof.

198 subsection (a) of this section, the municipality shall hold not less than one public hearing on such municipality's schedule of benefit assessments or any revision thereof.

(e)LCO (1)16 Benefitof assessments62 madeSubstitute underBill this section shall be collected sSB11 / File No.

19811 16(e) sSB11(1) FileBenefit No.assessments made under this section shall be collected and enforced in the same manner as municipal taxes unless otherwise provided in sections 2 to 10, inclusive, of this act.

198 and enforced in the same manner as municipal taxes unless otherwise provided in sections 2 to 10, inclusive, of this act.

(3) all revenues derived under sections 5 and 7 of this act receivedLCO by17 theof municipality;62 Substitute Bill No.

or11 (4)received anyby combination of the methodsmunicipality; in sSB11 / File No.

198or 17(4) sSB11any Filecombination No.of the methods in subdivisions (1) to (3), inclusive, of this subsection.

198 subdivisions (1) to (3), inclusive, of this subsection.

The trust agreement may contain covenants or provisions for protecting and enforcing the rights and remedies of the bondholders as may be necessary, reasonable or appropriate and not in violation of law or other provisions or covenants that are consistent with sections 2 to 10, inclusive, of this act and which the municipality determines in such proceedings are necessary, convenientLCO or18 desirableof to62 betterSubstitute secureBill the bonds, or will tend to make sSB11 / File No.

19811 18convenient sSB11or Filedesirable No.to better secure the bonds, or will tend to make the bonds more marketable, and which are in the best interests of the municipality.

198 the bonds more marketable, and which are in the best interests of the municipality.

(e)LCO Any19 pledgeof made62 bySubstitute aBill municipality pursuant to this section shall sSB11 / File No.

19811 19(e) sSB11Any Filepledge No.made by a municipality pursuant to this section shall be valid and binding from the time when the pledge is made, and any revenues or other receipts, funds or moneys so pledged and thereafter received by the municipality shall be subject immediately to the lien of such pledge without any physical delivery thereof or further act.

198 be valid and binding from the time when the pledge is made, and any revenues or other receipts, funds or moneys so pledged and thereafter received by the municipality shall be subject immediately to the lien of such pledge without any physical delivery thereof or further act.

(NEW) (Effective July 1, 2024) The legislative body of each applicable municipality may create an advisory board, whose members include owners or occupants of real property located in or adjacent to a resiliencyLCO improvement20 district.of 62 Substitute Bill No.

The11 advisoryresiliency boardimprovement maydistrict. advise the legislative body and any designated administrative entity on the sSB11 / File No.

198The 20advisory sSB11board Filemay No.advise the legislative body and any designated administrative entity on the planning, construction and implementation of the district master plan and maintenance and operation of the resiliency improvement district after the district master plan is complete.

198 planning, construction and implementation of the district master plan and maintenance and operation of the resiliency improvement district after the district master plan is complete.

(1) The community development action plan of the municipality, if any, (2) the need for affordable housing, (3) theLCO need21 for protection of existing62 andSubstitute potentialBill public surface and ground drinking water supplies, (4) the use of cluster development and other development patterns to the extent consistent with soil types, sSB11 / File No.

19811 21the sSB11need Filefor No.protection of existing and potential public surface and ground drinking water supplies, (4) the use of cluster development and other development patterns to the extent consistent with soil types, terrain and infrastructure capacity within the municipality, (5) the state planofconservationanddevelopment adoptedpursuant to chapter297, (6) the regional plan of conservation and development adopted pursuant to section 8-35a, as amended by this act, (7) physical, social, economic and governmental conditions and trends, (8) the needs of the municipality including, but not limited to, human resources, education, health, housing, recreation, social services, public utilities, public protection, transportation and circulation and cultural and interpersonal communications, (9) the objectives of energy-efficient patterns of development, the use of solar and other renewable forms of energy and energy conservation, (10) protection and preservation of agriculture, (11) the most recent sea level change scenario updated pursuant to subsection (b) of section 25-68o, as amended by this act, [and] (12) the need for technology infrastructure in the municipality, and (13) for any such plan adopted on or after October 1, 2026, the most recent hazard and climate projections established by federal and state authorities, including, but not limited to, the National Oceanic and Atmospheric Administration, the Federal Emergency Management Agency, the United States Environmental Protection Agency and The University of Connecticut.

198(e) terrain(1) and[Such] infrastructureAny capacitysuch within the municipality, (5) the state planofconservationanddevelopment adoptedpursuant to chapter297, (6) the regional plan of conservation and development adopted pursuantprior to sectionOctober 8-35a,1, as2026, amendedshall by(A) thisbe act,a (7)statement physical,of social,policies, economicgoals and governmentalstandards conditionsfor andthe trends,physical (8)and theeconomic needsdevelopment of the municipalitymunicipality, including,(B) butprovide notfor limiteda to,system humanof resources,principal education,thoroughfares, health,parkways, housing,bridges, recreation,streets, socialsidewalks, services,multipurpose publictrails utilities, public protection, transportation and circulationother andpublic culturalways andas interpersonalappropriate, communications,(C) (9)be thedesigned objectivesto ofpromote, energy-efficientwith patterns of development, the usegreatest ofefficiency solar and othereconomy, renewablethe formscoordinated development of energythe andmunicipality energy conservation, (10) protection and preservation of agriculture, (11) the mostgeneral recentwelfare seaand levelprosperity change scenario updated pursuant to subsection (b) of sectionits 25-68o,people asand amendedidentify byareas thiswhere act,it [and]is (12)feasible the need for technology infrastructure in the municipality, and (13)prudent for(i) anyto suchhave plancompact, adoptedtransit onaccessible, orpedestrian-oriented aftermixed Octoberuse 1,development 2026,patterns the most recent hazard and climateland projectionsreuse, established by federal and state(ii) authorities,to including,promote butsuch notdevelopment limitedpatterns to, the National Oceanic and Atmosphericland Administration,LCO the22 Federalof Emergency62 ManagementSubstitute Agency,Bill theNo. United States Environmental Protection Agency and The University of Connecticut.

(e)11 (1) [Such] Any such plan of conservation and development adopted prior to October 1, 2026, shall (A) be a statement of policies, goals and standards for the physical and economic development of the municipality, (B) provide for a system of principal thoroughfares, parkways, bridges, streets, sidewalks, multipurpose trails and other public ways as appropriate, (C) be designed to promote, with the greatest efficiency and economy, the coordinated development of the municipality and the general welfare and prosperity of its people and identify areas where it is feasible and prudent (i) to have compact, transit accessible, pedestrian-oriented mixed use development patterns and land reuse, and (ii) to promote such development patterns and land reuse, (D) recommend the most desirable use of land within the municipality for residential, recreational, commercial, industrial, conservation, agricultural and other purposes and include a map showing such proposed land uses, (E) recommend the most desirable sSB11density /of Filepopulation No.in the several parts of the municipality, (F) note any inconsistencies with the following growth management principles:

198 22 sSB11 File No.

198 density of population in the several parts of the municipality, (F) note any inconsistencies with the following growth management principles:

(ii) allow accessory apartments for personsLCO with23 a disability or persons sixty years of age62 orSubstitute older,Bill orNo. their caregivers, in all residential zones, subject to municipal zoning regulations concerning design and long-term use of the principal property after it is no longer in use by such persons;

11 persons with a disability or persons sixty years of age or older, or their caregivers, in all residential zones, subject to municipal zoning regulations concerning design and (iii)long-term expanduse of the sSB11principal /property Fileafter No.it is no longer in use by such persons;

198and 23(iii) sSB11expand Filethe No.definition of "family" in single-family zones to allow for accessory apartments for persons sixty years of age or older, persons with a disability or their caregivers.

198 definition of "family" in single-family zones to allow for accessory apartments for persons sixty years of age or older, persons with a disability or their caregivers.

(D) (i) include a climate change vulnerability assessment, based on information from sources described in section 11 of this act which shall consist of an assessment of existing and anticipated threats to and vulnerabilities of the municipality that are associated with natural disasters, hazards and climate change, including, but not limited to, increased temperatures, drought, flooding, storm damage and sea level rise, and the impacts such disasters and hazards may have on individuals, communities, institutions, businesses, economic development, public infrastructure and facilities, public health, safety and welfare, (ii) identify goals, policies and techniques to avoid or reduce such threats, vulnerabilities and impacts, and (iii) include a statement describing any consistencies and inconsistencies identified between such assessment and any existing or proposed municipal natural hazard mitigation plan, floodplain management plan, comprehensiveLCO emergency24 operations plan, emergency response plan, post-disaster recovery plan, long-range transportation plan or capital improvement plan in the municipality, and identifying and recommending, where necessary, the integration of data62 fromSubstitute suchBill assessment into any such plans and any actions necessary to achieve sSB11 / File No.

19811 24comprehensive sSB11emergency Fileoperations No.plan, emergency response plan, post-disaster recovery plan, long-range transportation plan or capital improvement plan in the municipality, and identifying and recommending, where necessary, the integration of data from such assessment into any such plans and any actions necessary to achieve consistency and coordination between such assessment and any such plans;

198 consistency and coordination between such assessment and any such plans;

(I) promote housing choice and economic diversity in housing, including housing for both low and moderate income households, and encourage the development of housing which will meet the housing needsLCO identified25 in the state's consolidated plan for housing and community development prepared pursuant to section 8-37t and in the housing component and the other components of the62 stateSubstitute planBill ofNo. conservation and development prepared pursuant to chapter 297;

(J)11 considerneeds allowingidentified olderin adultsthe state's consolidated plan for housing and personscommunity withdevelopment disabilitiesprepared pursuant to section 8-37t and in the abilityhousing sSB11component /and Filethe No.other components of the state plan of conservation and development prepared pursuant to chapter 297;

198(J) 25consider sSB11allowing Fileolder No.adults and persons with disabilities the ability to live in their homes and communities whenever possible;

198 to live in their homes and communities whenever possible;

The commission or any special committee may utilize information and data from any plan described in subparagraph (D) of this subdivision in the preparation of such plan of conservation and development, including a document coordinated by the applicable council of governments with separate provisions for each applicable municipality provided such information and data shall not be incorporated by reference, but summarized and applied in such plan to theLCO specific26 policies, goals and standards of the62 subjectSubstitute municipality.Bill No.

[(2)](3)ForanymunicipalitythatiscontiguoustoLongIslandSound,11 suchthe planspecific shallpolicies, begoals (A)and consistentstandards withof the municipalsubject coastalmunicipality. program requirements of sections 22a-101 to 22a-104, inclusive, (B) made with reasonable considerationfor restorationandprotectionoftheecosystem sSB11 / File No.

198[(2)](3)ForanymunicipalitythatiscontiguoustoLongIslandSound, 26such sSB11plan Fileshall No.be (A) consistent with the municipal coastal program requirements of sections 22a-101 to 22a-104, inclusive, (B) made with reasonable considerationfor restorationandprotectionoftheecosystem and habitat of Long Island Sound, and (C) designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris in Long Island Sound.

198 and habitat of Long Island Sound, and (C) designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris in Long Island Sound.

The plan may include any necessary and related maps, explanatory material, photographs,LCO charts27 orof other62 pertinentSubstitute dataBill andNo. information relative to the past, present and future trends of the municipality.

11 photographs, charts or other pertinent data and information relative to the past, present and future trends of the municipality.

sSB11Sec.12.Subsection(i)ofsection8-23ofthegeneralstatutesisrepealed /and Filethe No.following is substituted in lieu thereof (Effective July 1, 2024):

198 27 sSB11 File No.

198 Sec.12.Subsection(i)ofsection8-23ofthegeneralstatutesisrepealed and the following is substituted in lieu thereof (Effective July 1, 2024):

(5) Not more than sixty days after adoption of the plan, the commission shall submit a copy of the plan, including geospatial data required pursuant to subparagraph (M) of subdivision (2) of subsection (e) of this section, to the Secretary of the Office of Policy and Management,LCO [and]28 inof a62 formSubstitute andBill mannerNo. prescribed by the secretary.

11 Management, [and] in a form and manner prescribed by the secretary.

sSB11Sec. / File No.

198 28 sSB11 File No.

198 Sec.

(4) "Civil preparedness" means all those activities and measures designed or undertaken (A) to minimize or control the effects upon the civilian population of major disaster or emergency, (B) to minimize the effects upon the civilian population caused or which would be caused byLCO an29 attackof upon62 theSubstitute UnitedBill States,No. (C) to deal with the immediate emergency conditions which would be created by any such attack, major disaster or emergency, and (D) to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by any such attack, major disaster or emergency.

Such11 termby shallan include,attack butupon shallthe notUnited beStates, limited(C) to,to (i)deal measureswith tothe beimmediate takenemergency inconditions preparationwhich forwould anticipatedbe created by any such attack, major disaster,disaster prolongedor emergency, and (D) to effectuate emergency repairs to, or intensethe sSB11emergency /restoration Fileof, No.vital utilities and facilities destroyed or damaged by any such attack, major disaster or emergency.

198Such 29term sSB11shall Fileinclude, No.but shall not be limited to, (i) measures to be taken in preparation for anticipated attack, major disaster, prolonged or intense exposure to precipitation, drought, heat, fire, flooding or emergency, including the establishment of appropriate organizations, operational plans and supporting agreements;

198 exposure to precipitation, drought, heat, fire, flooding or emergency, including the establishment of appropriate organizations, operational plans and supporting agreements;

(a) On and after October 1, 2019, in the preparation of any municipal evacuation plan or hazard mitigation plan, such municipality shall consider the most recent sea level change scenario updated pursuant to subsection(b)ofthissection.OnandafterOctober1,2025,anysuchplan shallLCO identify30 and address (1) threats to surface transportation, critical infrastructure and local land uses as a result of such62 seaSubstitute levelBill change,No. and(2)actions, strategiesandcapital projects to avoidorreduce impacts and risks resulting from climate change, including, but not limited to, increased precipitation, flooding, sea level rise and extreme heat.

Any11 suchshall identify and address (1) threats to surface transportation, critical infrastructure,infrastructure and local land uses,uses actions,as strategiesa result of such sea level change, and(2)actions, strategiesandcapital projectsto avoidorreduce impacts and capitalrisks projectsresulting shallfrom beclimate identifiedchange, inincluding, geospatialbut sSB11not /limited Fileto, No.increased precipitation, flooding, sea level rise and extreme heat.

198Any 30such sSB11surface Filetransportation, No.critical infrastructure, local land uses, actions, strategies and capital projects shall be identified in geospatial data, asapplicable, in additionto being identifiedinsuch plan,andsuch data shall be made available to the Commissioner of Emergency Services and Public Protection and the Secretary of the Office of Policy and Management upon request.

198 data, asapplicable, in additionto being identifiedinsuch plan,andsuch data shall be made available to the Commissioner of Emergency Services and Public Protection and the Secretary of the Office of Policy and Management upon request.

Upon the recommendation of the budget-making authority and approval by the legislative body, any part or the whole of such fund may be used for (1) capital and nonrecurring expenditures, but such use shall be restricted to the financing of all or part of the planning, construction,LCO reconstruction31 or acquisition of any62 specificSubstitute capitalBill improvement, including, but not limited to, planning, construction, reconstruction or acquisition intended to increase the resiliency of a capital improvement against the impacts of climate change, including, but not limited to, increased precipitation, flooding, sea level rise and extreme heat, or the acquisition of any specific item of equipment, (2) costs associated with a property tax revaluation, and (3) costs associated sSB11 / File No.

19811 31construction, sSB11reconstruction Fileor No.acquisition of any specific capital improvement, including, but not limited to, planning, construction, reconstruction or acquisition intended to increase the resiliency of a capital improvement against the impacts of climate change, including, but not limited to, increased precipitation, flooding, sea level rise and extreme heat, or the acquisition of any specific item of equipment, (2) costs associated with a property tax revaluation, and (3) costs associated with the preparation, amendment or adoption of a plan of conservation and development pursuant to section 8-23, as amended by this act.

198 with the preparation, amendment or adoption of a plan of conservation and development pursuant to section 8-23, as amended by this act.

[, for] (2) traffic control and vehicular safety programs, traffic and parking planning and administration, and other purposes and programs related toLCO highways,32 trafficof and62 parking;Substitute Bill No.

11 to highways, traffic and parking;

(NEW) (Effective July 1, 2024) Not later than October 1, 2026, and annually thereafter, each municipality shall, in a form and manner prescribed by the Office of Policy and Management in consultation with sSB11the /Departments Fileof No.Transportation and Energy and Environmental Protection, submit a report concerning each culvert and bridge within the control and boundaries of such municipality, provided such work may be conducted on a regional basis.

198 32 sSB11 File No.

198 the Departments of Transportation and Energy and Environmental Protection, submit a report concerning each culvert and bridge within the control and boundaries of such municipality, provided such work may be conducted on a regional basis.

Any regional plan so developed shall be based on studies of physical, social, economic and governmental conditions and trends and shall be designed to promote with the greatest efficiency and economy the coordinated development of its area of operation and the general welfare and prosperity of its people.LCO 33 of 62 Substitute Bill No.

11 people.

The regional plan shall identify areas where it is feasible and prudent (1) to sSB11have /compact, Filetransit No.accessible, pedestrian-oriented mixed use development patterns and land reuse, and (2) to promote such development patterns and land reuse and shall note any inconsistencies with the following growth management principles:

198 33 sSB11 File No.

198 have compact, transit accessible, pedestrian-oriented mixed use development patterns and land reuse, and (2) to promote such development patterns and land reuse and shall note any inconsistencies with the following growth management principles:

(b) Before adopting the regional plan of conservation and development or any part thereof or amendment thereto the regional council of governments shall hold at least one public hearing thereon, noticeLCO of34 the time, place and subject of which62 shallSubstitute beBill givenNo. in writing to the chief executive officer and planning commission, where one exists, of each member town, city or borough.

11 notice of the time, place and subject of which shall be given in writing to the chief executive officer and planning commission, where one exists, of each member town, city or borough.

At least sixty-five days before the public hearing the regional council of governments shall post the plan on the Internet web site of the council, sSB11if /any, Fileand No.submit the plan to the Secretary of the Office of Policy and Management for findings in the form of comments and recommendations.

198 34 sSB11 File No.

198 if any, and submit the plan to the Secretary of the Office of Policy and Management for findings in the form of comments and recommendations.

Sec.LCO 35 of 62 Substitute Bill No.

11 Sec.

The committee shall be composed of twenty-one members, residentsofthestate, appointedby theCommissioner ofAdministrative sSB11Services /as Filefollows: No.

198 35 sSB11 File No.

198 Services as follows:

Not fewer than five members, who shall not be public members described in subdivision (9) of this section, shall have receivedLCO training,36 certification or experience in construction techniques that increase the resilience of buildings62 andSubstitute buildingBill elementsNo. against the impacts of climate change.

11 received training, certification or experience in construction techniques that increase the resilience of buildings and building elements against the impacts of climate change.

sSB11Sec. / File No.

198 36 sSB11 File No.

198 Sec.

(c) The commissioner shall establish a program of education and traininginthemechanicsandapplicationoftheStateBuildingCodeandtraininginthemechanicsandapplicationoftheStateBuilding Codeand the Fire Safety Code conducted for any municipal or state code official, or any candidate for such positions, and a continuing educational program in the mechanics and application of the State Building Code and the Fire Safety Code for any architect, engineer, landscape architect, interior designer, builder, contractor or superintendent of construction doing business in this state.

[The provisions of this section shall not be construedLCO to37 impose any new requirement for any renovation or construction of a62 stateSubstitute buildingBill that is subject to the requirements of section 16a-38k, regardless of whether such building has been granted an exemption under said section.] (2) On and after July 1, 2025, the State Building Inspector and the Codes and Standards Committee shall revise the State Building Code to (A) require that the buildings and building elements described in subdivision (1) of this subsection be designed to provide optimum greenhouse gas emission reduction andresiliency against the impacts of climate change over the useful life of the building, and (B) incorporate sSB11 / File No.

19811 37construed sSB11to Fileimpose No.any new requirement for any renovation or construction of a state building that is subject to the requirements of section 16a-38k, regardless of whether such building has been granted an exemption under said section.] (2) On and after July 1, 2025, the State Building Inspector and the Codes and Standards Committee shall revise the State Building Code to (A) require that the buildings and building elements described in subdivision (1) of this subsection be designed to provide optimum greenhouse gas emission reduction andresiliency against the impacts of climate change over the useful life of the building, and (B) incorporate the most recent International Energy Conservation Code, not later than eighteen months after the publication of said code.

198 the most recent International Energy Conservation Code, not later than eighteen months after the publication of said code.

[Such provisions] (2) Notwithstanding subsection (a) of this section, on and after July 1, 2025, the State Building Inspector and the Codes and Standards Committee, in consultation with the Commissioner of Administrative Services, shall revise the State Building Code to include provisions requiringLCO that38 the buildings described in subdivision (1) of this62 subsectionSubstitute meetBill orNo. exceed optimum cost-effective building construction standards concerning the resiliency of such buildings to flood and wind hazards, the impacts of climate change and the most recent sea level change scenario updatedpursuant to section 25-68o,asamendedby this act.

(3)11 Therequiring provisionsthat includedthe pursuantbuildings todescribed subdivisionsin subdivision (1) and (2) of this subsection shallmeet referenceor nationallyexceed acceptedoptimum greencost-effective building ratingconstruction systems,standards including,concerning butthe notresiliency limitedof to,such thebuildings Leadershipto inflood Energy and Environmentalwind Designhazards, rating system, the Greenimpacts Globesof USAclimate designchange program,and asthe establishedmost byrecent thesea Greenlevel Buildingchange Initiative,scenario theupdatedpursuant Nationalto sSB11section /25-68o,asamendedby Filethis No.act.

198(3) 38The sSB11provisions Fileincluded No.pursuant to subdivisions (1) and (2) of this subsection shall reference nationally accepted green building rating systems, including, but not limited to, the Leadership in Energy and Environmental Design rating system, the Green Globes USA design program, as established by the Green Building Initiative, the National Green Building Standard, as established by the National Association of Home Builders, or an equivalent rating system approved by the State Building Inspector and the Codes and Standards Committee.

198 Green Building Standard, as established by the National Association of Home Builders, or an equivalent rating system approved by the State Building Inspector and the Codes and Standards Committee.

(1) Be made in accordance with a comprehensive plan and in considerationLCO of39 the plan of conservation62 andSubstitute developmentBill adoptedNo. under section 8-23, as amended by this act;

11 consideration of the plan of conservation and development adopted under section 8-23, as amended by this act;

(H) address significant disparities in housing needs and access to educational, sSB11occupational /and Fileother No.opportunities;

198 39 sSB11 File No.

198 occupational and other opportunities;

(6) Expressly allow the development of housing which will meet the housingneedsidentifiedinthestate'sconsolidatedhousingneedsidentifiedinthestate'sconsolidatedplanfor planforhousingandhousingand community development prepared pursuant to section 8-37t and in the housing component and the other components of the state plan of conservationLCO and40 developmentof prepared62 pursuantSubstitute toBill sectionNo. 16a-26;

11 conservation and development prepared pursuant to section 16a-26;

[and] (10) In any municipality that is contiguous to or on a navigable waterway draining to Long Island Sound, (A) be made with reasonable sSB11consideration /for Filethe No.restoration and protection of the ecosystem and habitat of Long Island Sound;

198 40 sSB11 File No.

198 consideration for the restoration and protection of the ecosystem and habitat of Long Island Sound;

(3)LCO Require41 orof promote62 (A)Substitute energy-efficientBill patternsNo. of development;

11 (3) Require or promote (A) energy-efficient patterns of development;

sSB11(5) /Provide Filefor No.a municipal or regional system for the creation of development rights and the permanent transfer of such development rights, which may include a system for the variance of density limits in connection with any such transfer;

198 41 sSB11 File No.

198 (5) Provide for a municipal or regional system for the creation of development rights and the permanent transfer of such development rights, which may include a system for the variance of density limits in connection with any such transfer;

[and] (10)LCO In42 anyof municipality62 whereSubstitute aBill traprockNo. ridge or an amphibolite ridge is located, (A) provide for development restrictions in ridgeline setback areas;

11 (10) In any municipality where a traprock ridge or an amphibolite ridge is located, (A) provide for development restrictions in ridgeline setback areas;

Section 8-2e of the general statutes is repealed and the sSB11following /is Filesubstituted No.in lieu thereof (Effective July 1, 2024):

198 42 sSB11 File No.

198 following is substituted in lieu thereof (Effective July 1, 2024):

Each such interlocal agreement shall (1) identify the receiving site, (2) include the local legislation governing development rights that has been adopted or is intended to be adopted by the municipality or municipalities in which the receiving site is located, (3) describe procedures for the termination ofLCO the43 transfer of development62 rightsSubstitute bank,Bill andNo. (4) describe the conversion ratio to be used in the receiving site, which may express the extent of additional development rights in any combination of units, floor area, height or other applicable development standards that may be modified by the municipality to provide incentives for the purchase of development rights.

(c)11 Eachof receivingthe sitetransfer identified pursuant to subsection (b) of thisdevelopment sectionrights shallbank, (1)and be(4) eligibledescribe forthe connectionconversion withratio ato public water system, (2) be locatedused not more than one-half mile from public transportation facilities, as defined in sectionthe 13b-79kk,receiving (3)site, notwhich bemay locatedexpress within the boundariesextent of coreadditional forest,development asrights defined in sectionany 16a-3k,combination (4) not be located within the boundaries of anyunits, areafloor impactedarea, byheight theor mostother recentapplicable seadevelopment levelstandards changethat scenariomay updatedbe pursuantmodified to subsection (b) of section 25-68o, as amended by thisthe act,municipality andto (5)provide beincentives locatedfor above the five-hundred-yearpurchase sSB11of /development Filerights. No.

198(c) 43Each sSB11receiving Filesite No.identified pursuant to subsection (b) of this section shall (1) be eligible for connection with a public water system, (2) be located not more than one-half mile from public transportation facilities, as defined in section 13b-79kk, (3) not be located within the boundaries of core forest, as defined in section 16a-3k, (4) not be located within the boundaries of any area impacted by the most recent sea level change scenario updated pursuant to subsection (b) of section 25-68o, as amended by this act, and (5) be located above the five-hundred-year flood elevation.

198 flood elevation.

(Effective July 1, 2024) (a) Not later than September 1, 2024, the Insurance Commissioner shall, within available resources, convene a working group to (1) study the needs of homeowners and small business owners with respect to the fortification of their homes and places of business against potential losses due to natural disasters, hazardsandclimatechange,and(2)makerecommendationsconcerning theLCO feasibility44 of establishing62 aSubstitute programBill toNo. assist homeowners and small business owners in fortifying their homes and places of business against such losses.

Such11 recommendations shall include, but need not be limited to, (A) the structurefeasibility and oversight of suchestablishing a program,program (B) potential incentives that may be offered to suchassist homeowners and small business owners forin thefortifying fortificationtheir of such homes and places of business,business especiallyagainst in vulnerable communities, as defined in section 16- 243yofthegeneralstatutes,and(C)theidentificationoffunding sources for such program.losses.

Such recommendations shall include, but need not be limited to, (A) the structure and oversight of such a program, (B) potential incentives that may be offered to such homeowners and small business owners for the fortification of such homes and places of business, especially in vulnerable communities, as defined in section 16- 243yofthegeneralstatutes,and(C)theidentificationoffundingsources for such program.

The working group shall sSB11hold /not Fileless No.than one public forum to allow the public to provide input on the recommendations of the working group.

198 44 sSB11 File No.

198 hold not less than one public forum to allow the public to provide input on the recommendations of the working group.

Any revision made after July 1, 1995, shall take into consideration the conservation and development of greenways that have been designated by municipalities and shall recommend that state agenciesLCO coordinate45 their efforts to support the development of a62 state-Substitute wideBill greenwaysNo. system.

11 agencies coordinate their efforts to support the development of a state- wide greenways system.

and (3) make recommendations for the siting of future infrastructure and property development to minimize the use of areas prone to natural hazards, sSB11including, /but Filenot No.limited to, flooding, high winds and wildfires.

198 45 sSB11 File No.

198 including, but not limited to, flooding, high winds and wildfires.

(e) Any revision made after October 1, 2008, shall (1) for each policy recommendedLCO (A)46 assignof a62 priority;Substitute Bill No.

11 recommended (A) assign a priority;

(h) (1) Any revision made after October 1, 2019, and until the sSB11adoption /of Filethe No.state Conservation and Development Policies Plan, 2025-2030, shall [(1)] (A) take into consideration risks associated with increased coastal flooding and erosion, depending on site topography, as anticipated in the most recent sea level change scenario updated pursuant to subsection (b)of section25-68o,as amended by thisact,[(2)] (B) identify the impacts of such increased flooding and erosion on infrastructure and natural resources, [(3)] (C) make recommendations for the siting of future infrastructure and property development to minimize the use of areas prone to such flooding and erosion, and [(4)] (D) take into consideration the state's greenhouse gas reduction goals established pursuant to section 22a-200a.

198(2) 46Any sSB11revision Filemade after the adoption of the state Conservation and Development Policies Plan, 2025-2030 shall (A) take into consideration risks associated with (i) changes to the rate and timing of annual precipitation and increased average temperatures resulting in extreme heat, and (ii) increased flooding and erosion, depending on site topography, as anticipated in the most recent sea level change scenario updated pursuant to subsection (b) of section 25-68o, as amended by LCO 47 of 62 Substitute Bill No.

19811 adoptionthis ofact, the state Conservation and Developmentby Policiesother Plan,sources 2025-2030,as shalldeemed [(1)]appropriate (A)by takethe intoSecretary considerationof risksPolicy associated with increased coastal flooding and erosion,Management, depending on site topography, as anticipated in the most recent sea level change scenario updated pursuant to subsection (b)of section25-68o,as amended by thisact,[(2)] (B) identify the impacts of such extreme heat, drought and increased flooding and erosion on infrastructure and natural resources, [(3)] (C) make recommendations for the siting of future infrastructure and property development to minimize the use of areas pronepronetosuchfloodinganderosion,(D)makerecommendationsforland tousestrategiesthatminimizeriskstopublichealth,infrastructureandthe suchenvironment, flooding and erosion,(E) and [(4)] (D) take into consideration the state's greenhouse gas reduction goals established pursuant to section 22a-200a.

(2) Any revision made after the adoption of the state Conservation and Development Policies Plan, 2025-2030 shall (A) take into consideration risks associated with (i) changes to the rate and timing of annual precipitation and increased average temperatures resulting in extreme heat, and (ii) increased flooding and erosion, depending on site topography, as anticipated in the most recent sea level change scenario updated pursuant to subsection (b) of section 25-68o, as amended by this act, and by other sources as deemed appropriate by the Secretary of Policy and Management, (B) identify the impacts of such extreme heat, drought and increased flooding and erosion on infrastructure and natural resources, (C) make recommendations for the siting of future infrastructure and property development to minimize the use of areas pronetosuchfloodinganderosion,(D)makerecommendationsforland usestrategiesthatminimizeriskstopublichealth,infrastructureandthe environment, and (E) take into consideration the state's greenhouse gas reduction goals established pursuant to section 22a-200a.

(j) Thereafter on or before March first in each revision year the secretary shall complete a revision of the plan of conservation and development, provided no revision year may be later than four years sSB11subsequent /to Filethe No.year in which the plan was last adopted in accordance with the process established in this chapter.

198 47 sSB11 File No.

198 subsequent to the year in which the plan was last adopted in accordance with the process established in this chapter.

The program shall provide grants to municipalities and nonprofit land conservation organizations to acquire landLCO or48 permanentof interests62 inSubstitute landBill forNo. open space and watershed protection and to water companies, as defined in section 25-32a, to acquire and protect land which is eligible to be classified as class I or class II land, as defined in section 25-37c, after acquisition.

11 land or permanent interests in land for open space and watershed protection and to water companies, as defined in section 25-32a, to acquire and protect land which is eligible to be classified as class I or class II land, as defined in section 25-37c, after acquisition.

(1) Protects land identified as being especially sSB11valuable /for Filerecreation, No.forestry, fishing, conservation of wildlife or natural resources;

198 48 sSB11 File No.

198 valuable for recreation, forestry, fishing, conservation of wildlife or natural resources;

[The commissioner may make a grant under the protected open space and watershed land acquisition grant program to a distressed municipality or a targeted investment community, as defined in section 32-9p, for restoration or protection of natural features or habitats on open space alreadyLCO owned49 by the municipality, including, but not limited to, wetland or wildlife or plant habitat restoration or restoration of other62 sitestoamorenaturalcondition,orreplacementofvegetation,providedSubstitute theBill totalNo. amount of grants to such municipalities for such purposes may not exceed twenty per cent of the total amount of grants made in any fiscal year.] (c) Grants may be made under the protected open space and watershed land acquisition grant program established under subsection (a) of this section for restoration or protection of natural features or habitats on open space already owned by a (1) distressed municipality, as defined in section 32-9p, (2) targeted investment community, as defined in section 32-222, (3) municipality, provided such open space is located in an environmental justice community, as defined in section 22a-20a, or (4) nonprofit land conservation organization, provided such open space is located in a distressed municipality, targeted investment community or environmental justice community.

Such11 already owned by the municipality, including, but not limited to, wetland or wildlife or plant habitat restoration or protectionrestoration mayof include,other butsitestoamorenaturalcondition,orreplacementofvegetation,provided needthe total amount of grants to such municipalities for such purposes may not exceed twenty per cent of the total amount of grants made in any fiscal year.] (c) Grants may be limitedmade to,under wetland,the wildlifeprotected open space and watershed land acquisition grant program established under subsection (a) of this section for restoration or sSB11protection /of Filenatural No.features or habitats on open space already owned by a (1) distressed municipality, as defined in section 32-9p, (2) targeted investment community, as defined in section 32-222, (3) municipality, provided such open space is located in an environmental justice community, as defined in section 22a-20a, or (4) nonprofit land conservation organization, provided such open space is located in a distressed municipality, targeted investment community or environmental justice community.

198Such 49restoration sSB11or Fileprotection No.may include, but need not be limited to, wetland, wildlife or plant habitat restoration or restoration of other sites to a more natural condition or replacement of vegetation.

198 plant habitat restoration or restoration of other sites to a more natural condition or replacement of vegetation.

[(2)] (B) land with environmental contamination over a significantLCO portion50 of the62 propertySubstitute providedBill grantsNo. for land requiring remediation of environmental contamination may be made if remediation will be completed before acquisition of the land or any interest in the land and an environmental assessment approved by the Commissioner of Energy and Environmental Protection has been completed andno environmentaluse restrictionappliesto theland;

11 significant portion of the property provided grants for land requiring remediation of environmental contamination may be made if remediation will be completed before acquisition of the land or any interest in the land and an environmental assessment approved by the Commissioner of Energy and Environmental Protection has been completed andno environmentaluse restrictionappliesto theland;

In the case of land acquired under this section which is designated as a sSB11state /park, Fileany No.fees charged by the state for use of such land shall be used by the state in accordance with the provisions of title 23.

198 50 sSB11 File No.

198 state park, any fees charged by the state for use of such land shall be used by the state in accordance with the provisions of title 23.

[(d)] (e) Any municipality or group of contiguous municipalities may apply to the Commissioner of Energy and Environmental Protection for a grant-in-aid of a program established to preserve or restrict to conservationLCO or51 recreation purposes the use of open62 spaceSubstitute land.Bill No.

11 conservation or recreation purposes the use of open space land.

[(e)] (f) At closing, a permanent conservation easement, as defined in section 47-42, shall be executed for any property purchased with grant funds, which conservation easement shall provide that the property shall remain forever predominantly in its natural and open condition for the specific conservation, open space or water supply purposes for sSB11which /it Filewas No.acquired provided any improvements or changes to the property shall be supportive of such condition or purposes.

198 51 sSB11 File No.

198 which it was acquired provided any improvements or changes to the property shall be supportive of such condition or purposes.

An exception to the provision of public recreational access may be made at the discretion of the Commissioner of Energy and Environmental Protection when provision for public accessLCO would52 be unreasonably detrimental to the wildlife or plant habitat or other natural features of the62 propertySubstitute or,Bill forNo. land where development rights have been purchased, would be disruptive of agricultural activity occurring on the land.

11 access would be unreasonably detrimental to the wildlife or plant habitat or other natural features of the property or, for land where development rights have been purchased, would be disruptive of agricultural activity occurring on the land.

Upon establishment of the review board and selection of a sSB11chairman /under Filethis No.section, the review board (1) shall provide comments on selection criteria, policies and procedures;

198 52 sSB11 File No.

198 chairman under this section, the review board (1) shall provide comments on selection criteria, policies and procedures;

(2) one member of the joint standing committee of the General Assembly having cognizance of matters relating to the environment, appointedLCO by53 the speaker of the62 HouseSubstitute ofBill Representatives,No. and one member of the joint standing committee of the General Assembly having cognizance of matters relating to planning and development, appointed by the president pro tempore of the Senate, each of whom shall be ex-officio members of the board;

11 appointed by the speaker of the House of Representatives, and one member of the joint standing committee of the General Assembly having cognizance of matters relating to planning and development, appointed by the president pro tempore of the Senate, each of whom shall be ex-officio members of the board;

(9) two representatives of interest groups primarily concerned sSB11with /the Fileconservation No.of river watershed regions, appointed one each by the majority leaders of the House of Representatives and the Senate;

198 53 sSB11 File No.

198 with the conservation of river watershed regions, appointed one each by the majority leaders of the House of Representatives and the Senate;

(12) one member who is a representative of a community of color, low-income community or community-based organization, or professor from a college or university in the state with expertise in environmental justice, appointed by the Commissioner of Energy and EnvironmentalProtection;and(13)onememberwhoresidesinaUnited States census block group, as determined in accordance with the most recentLCO United54 States decennial census, for which thirty per cent or more of the62 populationSubstitute consistsBill ofNo. low-income persons who are not institutionalized and have an income below two hundred per cent of the federal poverty level, appointed by the Commissioner of Energy and Environmental Protection.

11 recent United States decennial census, for which thirty per cent or more of the population consists of low-income persons who are not institutionalized and have an income below two hundred per cent of the federal poverty level, appointed by the Commissioner of Energy and Environmental Protection.

(a) The Commissioner of Energy and Environmental Protection may sSB11make /grants Fileunder No.the open space and watershed land acquisition program to:

198 54 sSB11 File No.

198 make grants under the open space and watershed land acquisition program to:

(4) water companies for acquisition of land under subdivision (7) of subsection (b) of said section 7-131d, in an amount not to exceed sixty-five per cent of such value provided if such a company proposes in a grant application that it intends to allow access to such landLCO for55 recreational uses, such company shall seek approval of the62 CommissionerSubstitute ofBill PublicNo. Health for such access;

11 land for recreational uses, such company shall seek approval of the Commissioner of Public Health for such access;

Subsection (a) of section 7-131e of the general statutes is sSB11repealed /and Filethe No.following is substituted in lieu thereof (Effective July 1, 2024):

198 55 sSB11 File No.

198 repealed and the following is substituted in lieu thereof (Effective July 1, 2024):

(1) Contractors to assist the Department of Energy and Environmental Protection in the review and evaluation of grantLCO proposalsandbaseline56 datacollectionforof conservationeasements;62 Substitute Bill No.

11 grant proposalsandbaseline datacollectionfor conservationeasements;

(D) sSB11protection /of Fileland No.particularly vulnerable to development incompatible with its natural resource values including the protection of a public water supply source;

198 56 sSB11 File No.

198 protection of land particularly vulnerable to development incompatible with its natural resource values including the protection of a public water supply source;

(a) Any contract for the protection of open space entered into by the CommissionerLCO of57 Energy and Environmental Protection with BHC Company, Aquarion or Kelda Group, jointly or individually, and The Nature Conservancy, for purchase of land62 orSubstitute interestsBill inNo. land from said companies shall be on such terms and conditions as are approved by the commissioner.

11 Commissioner of Energy and Environmental Protection with BHC Company, Aquarion or Kelda Group, jointly or individually, and The Nature Conservancy, for purchase of land or interests in land from said companies shall be on such terms and conditions as are approved by the commissioner.

Such permanent restrictions or easements shall also include a requirement that the property be available to the general public for recreational purposes as permitted under subsection [(c)] (d) of section 7-131d, as amended by this act, and shall allow for the installation of such permanent fixtures as may be sSB11necessary /to Fileprovide No.such permitted recreational activities.

198 57 sSB11 File No.

198 necessary to provide such permitted recreational activities.

(1) Consider the potential impact of climate change on the quality of water resources, (2) takeLCO into58 account past conditionsandpredictionsoffuturetemperatures and precipitation when identifying the quantities and qualities of water62 thatSubstitute areBill availableNo. for public water supply, health, economic, recreation and environmental benefits on a regional basin scale considering both surface water and groundwater, and (3) include recommendations and an implementation plan to reduce impacts from climate change and extreme weather events on water quality and quantity.

11 take into account past conditionsandpredictionsoffuturetemperatures and precipitation when identifying the quantities and qualities of water that are available for public water supply, health, economic, recreation and environmental benefits on a regional basin scale considering both surface water and groundwater, and (3) include recommendations and an implementation plan to reduce impacts from climate change and extreme weather events on water quality and quantity.

(b) Not later than December 31, 2028, and every ten years thereafter, the Departments of Public Health and Energy and Environmental Protection shall each review and revise their permitting processes for sewage disposal systems, and any attendant regulations, in accordance sSB11with /the Fileprovisions No.of chapter 54 of the general statutes, to incorporate the most concurrent projections on precipitation, flooding, sea level rise or other applicable conditions that could impact public safety and environmental quality.

198 58 sSB11 File No.

198 with the provisions of chapter 54 of the general statutes, to incorporate the most concurrent projections on precipitation, flooding, sea level rise or other applicable conditions that could impact public safety and environmental quality.

(NEW) (Effective July 1, 2024) (a) Notwithstanding any provision of the general statutes, the Commissioner of the Department of Energy and Environmental Protection may acquire, in the name of the state and for flood control and protection and associated public purposes, no more than 25.7 acres of real property, or interests or rights therein, by purchase, gift, devise or exchange, or may take the same by eminent domain in the manner provided in Part IV of chapter 238 of the general statutes, provided:

(2) the owner of any private property taken by eminent domain pursuant to this section shall be entitled to challenge the amount of compensationLCO in59 accordance with section 13a-76 of the62 generalSubstitute statutes;Bill No.

11 compensation in accordance with section 13a-76 of the general statutes;

(b) Whenever the Commissioner of the Department of Energy and Environmental Protection determines that the construction, operation, maintenance, repair or reconstruction of the property described in subdivision (3) of subsection (a) of this section or the flood control and protection improvements thereon, would necessitate the readjustment, relocation or removal of a public service facility, as defined in section 13a-126 of the general statutes, the commissioner may issue a readjustment, relocation or removal order to the company, corporation or municipality owning or operating such public service facility and such company, corporationorcorporation or municipality shall readjust, relocate or remove such public service facility promptly, in accordance with such order, provided an equitable share of the cost of such readjustment, relocation sSB11or /removal, Fileincluding No.the cost of installing and constructing a public service facility of equal capacity in a new location, shall be borne by the state, within available appropriations, and calculated in accordance with section 13a-126 of the general statutes, as applied to state highways other than limited access highways.

198 59 sSB11 File No.

198 or removal, including the cost of installing and constructing a public service facility of equal capacity in a new location, shall be borne by the state, within available appropriations, and calculated in accordance with section 13a-126 of the general statutes, asapplied to state highways other than limited access highways.

(Effective from passage) Not later than January 1, 2025, the Commissioner of Energy and Environmental Protection, in consultation with the Insurance Commissioner, shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the environment on the requirements to create a climate resiliency fund that is funded by a surcharge on insurance policies issued in this state for property damage, general liability, business interruption, and any other form of business loss or similar mechanismLCO in60 relationof to62 fossilSubstitute fuelBill projects.No.

11 mechanism in relation to fossil fuel projects.

Section 1 July 1, 2024 Section 1 New section Sec.

4 July 1, 2024 New section sSB11Sec. / File No.

198 60 sSB11 File No.

198 Sec.

7 July 1, 2024 New section July 1, 2024 Sec.

8 July 1, 2024 New section July 1, 2024 Sec.

9 July 1, 2024 New section Sec.

14 July 1, 2024 25-68o July 1, 2024 Sec.

15 July 1, 2024 7-364 July 1, 2024 Sec.

16 July 1, 2024 13a-175a(a) Sec.

21 July 1, 2024 29-256a Sec.LCO 61 of 62 Substitute Bill No.

11 Sec.

25 July 1, 2024 16a-27 July 1, 2024 Sec.

26 July 1, 2024 28-5(h) Sec.

32 July 1, 2024 New section July 1, 2024 Sec.

33 July 1, 2024 New section Sec.

sSB11FIN /Joint FileFavorable No.LCO 62 of 62

198 61 sSB11 File No.

198 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.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 25 $ FY 26 $ Insurance Dept.

IF - Potential Up to None Cost $40,000 Department of Energy and GF - See Below See Below See Below Environmental Protection Treasurer, Debt Serv.

GF - Potential See Below See Below Cost/Revenue Note:

GF=General Fund;

IF=Insurance Fund Municipal Impact:

None Below Explanation The bill results in various impacts that are described below.

Sections 1-10 establish and outline the powers of resiliency improvement districts that are similar to increment financing districts.

The sections permit municipalities to establish these resiliency improvement districtsandprovideguidelines for howthey can be used.

The impact of these sections is dependent on how municipalities use the districts.

The sections require municipalities that establish a resiliency improvement district to first developa district master plan and financial plan.

This results in a potential cost to municipalities to develop these plans.

There is an additional, minimal cost to municipalities that choose to establish these districts associated with holding a public hearing.

A municipality may also incur costs by issuing bonds for various economic development projects.

sSB11 / File No.

198 62 sSB11 File No.

198 The sections also allow municipalities to fix the assessment of certain properties within a resiliency improvement district.

This would preclude any grand list growth resulting from an increase in the assessment of the property.

Municipalities may also impose benefits assessments on real property in the district that benefits from public improvements.

This may result in a potential revenue gain to municipalities that is dependent on what the change in assessed value is as a result of the improvements.

The sections require municipalities to:

(1) replace any affordable housing units within the district that are demolished or reduced as a result of a resiliency improvement project, or (2) replace two units for each affordable unit that was demolished or reduced if they have to be relocated outside of the district boundary.This results in a potentialcost to municipalities to the extent that affordable housing units are demolished.

Sections 11 and 12 make changes to the requirements that must be included in municipalities' Plans of Conservation and Development (POCDs), including a climate change vulnerability assessment and use of geospatial (GIS) data, among others.

These sections require any POCDs adopted after October 1, 2026, to include these new requirements.

Beginning in FY 26, this may result in costs of up to $20,000 for various municipalities to include the new requirements in their POCDs.

Costs to municipalities will depend on what is needed to meet these requirements and may include technology, programs for GIS data, or consultants.

These provisions may also result in a revenue loss to various municipalities to the extent they are unable to adopt the POCDs with the new requirements.

Failure to do so, consistent with current law, 1Under current law, municipalities are required to update their plan of conservation and development at least once every ten years.

sSB11 / File No.

198 63 sSB11 File No.

198 results in a municipality becoming ineligible for discretionary state funding.

2 Section 15 expands allowable uses of municipal reserve funds.

This may result in a municipality using its reserve funds more quickly beginning in FY 25.

Section 16 expands allowable uses of Town Aid Road (TAR) grants to include building, improving, and maintaining resiliency for roads, bridges, and related structures that may be impacted by increased precipitation, flooding, sea level rise, and extreme heat.

This may result in a municipality using its TAR grant more quickly beginning in FY 25.

Section 17 requires each municipality to submit a report of the culverts and bridges located within the municipality and outlines what must be included in the report, including geospatial data and any other information required by the Office of Policy and Management (OPM).

This may result in a cost to various municipalities, likely beginning in FY 26, that is dependent on what information must be included in the report.

Sections 22, 23, and 36 permit and outline the requirements for municipal zoning regulations to allow for a regional transfer of developmentrightssystem.Any fiscalimpact isdependent onhowland is used as a result.

Sections 27-31 make various changes to bond-funded programs, including the Open Space and Watershed Land Acquisition Program (OSWA) administered by DEEP.

Future General Fund debt service costs may be incurred sooner under the bill to the degree that it causes authorized GO bond funds to be expended or to be expended more rapidly than they otherwise would have been.

The bill does not change 2Discretionary state funding includes, but is not limited to, any source of funding that a state agency administers through a competitive process.

This may include:

the Urban Action Program and Small Town Economic Assistance Program.

No change is anticipated to the portion of OSWA that is funded through the Community Investment Account.

sSB11 / File No.

198 64 sSB11 File No.

198 GO bond authorizations relevant to the program.

These sections result in a potential revenue gain to various municipalities beginning in FY 25 to the extent they qualify for the grant under the expanded eligibility.

Section 34 authorizes the Department of Energy and Environmental Protection (DEEP) to acquire up to 25.7 acres of property for the Resilient Bridgeport flood control project and to ensure relocations of utilities as needed.

The section reduces the state share of utilities relocations by up to 50 percent, which may result in a one-time state savings of up to approximately $1.5 million when the project occurs in the next several years.

The property acquisitions are expected to have a cost within the next few years;

however, it is anticipated that both the state share of the utilities relocations and the acquisitions will be paid with federal funds.

The section also requires relocation of some utilities, including electric, which results in a potential rate increase.

This legislation moves up to one-half of the cost of utility relocation from the state to utility companies which will be recovered through the normal rate process.

The extent of the impact will depend on the number of utilities required to be relocated and the total cost for that relocation.

Section 35 requires DEEP, in consultation with the Insurance Department (DOI), to report on establishing a coastal resiliency fund to be supported by a surcharge on certain insurance policies.

This may result in a one-time cost to DOI of up to $40,000 in FY 25 for consultants to assist the department in recommending a fund and surcharge design to maximize compliance.

The bill includes various other requirements that do not result in a fiscal impact to the state or municipalities.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation, how municipalities choose sSB11 / File No.

198 65 sSB11 File No.

198 to use the resiliency improvement districts, and the terms of any bonds issued.

sSB11 / File No.

198 66 sSB11 File No.

198 OLR Bill Analysis sSB 11 AN ACT CONCERNING CONNECTICUT RESILIENCY PLANNING AND PROVIDING MUNICIPAL OPTIONS FOR CLIMATE RESILIENCE.

TABLE OF CONTENTS:

SUMMARY §§ 1-10 — RESILIENCY IMPROVEMENT DISTRICTS Createsaframeworkauthorizingmunicipalitiestoestablishresiliency improvement districts to finance capital projects addressing climate change mitigation, adaptation, or resilience;

allows municipalities to finance projects in these districts by designating incremental property tax revenue and specified savings generated in the district, imposing benefit assessments on real property in the district, and issuing bonds backed by these revenue streams and other sources;

allows municipalities to fix property tax assessments in the district for up to years §§ 11-12, 18 & 25 — PLANS OF CONSERVATION AND DEVELOPMENT Generally expands the information that must be included in local, regional, and the state’s plans of conservation and development to include strategies for responding to and information related to climate change effects (e.g., increased precipitation or extreme heat) §§ 13 & 26 — CIVIL PREPAREDNESS Beginning October 1, 2028, requires the state’s comprehensive civil preparedness plan and program to consider observed and projected climate trendsrelated to certainsituations;explicitly includesextreme heat in the state’s definition of “major disaster” and incorporates prolonged or intense exposure to certain conditions as a circumstance triggering civil preparedness response § 14 — LOCAL EVACUATION OR HAZARD MITIGATION PLANS Requires municipal evacuation or hazard mitigation plans to identify and address certain threats to sea level change (e.g., to critical infrastructure) and ways to avoid or reduce climate change’s effects;

requires use of geospatial data in identifying those threats sSB11 / File No.

198 67 sSB11 File No.

198 § 15 — MUNICIPAL RESERVE FUNDS Explicitly allows municipal reserve funds to cover expenditures intended to increase a capital improvement’s resiliency against climate change impacts § 16 — TOWN AID ROAD Expands the eligible uses of Town Aid Road program funds by adding construction, reconstruction, improvements, and maintenance to increase resiliency against increased precipitation, flooding, sea level rise, and extreme heat § 17 — MUNICIPAL CULVERT AND BRIDGE REPORT Requires each municipality to submit an annual report to OPM, DOT, DEEP, and any applicable COG on its culverts and bridges §§ 19-21 — STATE FIRE SAFETY AND BUILDING CODES Requires at least five Code and Standards Committee members to be experienced in construction techniques that increase building resiliency to climate change effects;

requires the education and training programs for code officials and certain professions to include construction technique information related to energy efficiency, GHG emissions, and building resiliency;

requires amending the State Building Code to (1) include design and construction requirements related to GHG reduction and resiliency to climate change effects and (2) incorporate the most recent IECC § 22 — ZONING REGULATIONS Requires that municipal zoning regulations (1) be designed to protect against sea level rise, extreme heat, and climate change and (2) provide for proper ways to mitigate and avoid the negative effects of sea level change;

allows zoning regulations to (1) require or promote resilience and (2) give incentives for using flood-risk reduction building methods §§ 22-23 & 36 — TRANSFER OF DEVELOPMENT RIGHTS SYSTEMS Allows municipal zoning regulations to provide for (1) a regional TDR system and (2) sending and receiving sites in conjunction with a multi-town or regional TDR system;

allows COGs to administer joint or multi-town TDR systems;

allows two or more municipalities to set up a TDR bank;

and sets criteria for eligible sending and receiving sites § 24 — PROPERTY FORTIFICATION WORKING GROUP Requires the insurance commissioner, within available resources, to convene a working group to study homeowner and small business sSB11 / File No.

198 68 sSB11 File No.

198 building fortification needs related to potential losses from natural disasters, hazards, and climate change;

requires the working group to submit its findings and recommendations by January 1, 2025 §§ 27-31 — OPEN SPACE AND WATERSHED LAND ACQUISITION GRANT PROGRAM Allows up to 5% of OSWA grants to reimburse for in-kind services or incidental expenses under certain circumstances;

expands the circumstances under which OSWA grant funds may be used to restore or protect open space already owned by the applicant, such as when the land is in an environmental justice community;

increases the membership of the Natural Heritage, Open Space and Watershed Land Acquisition Review Board to include two DEEP-appointed members who represent or are from certain communities, such as environmental justice areas;

makes conforming changes (§§ 30 & 31) § 32 — STATE WATER PLAN UPDATE Requires the state water plan’s next update to (1) consider (a) the potential impact of climate change on water resource quality and (b) temperatures and precipitation information when identifying water quantities and qualities for various uses and (2) include recommendationsandanimplementationplanforreducingeffectson water from climate change and extreme weather § 33 — WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM REGULATION AND PERMIT REVIEW On a 10-year basis beginning by the endof 2028, requires DEEP, DPH, and PURA to review and revise their water supply regulations and DEEP and DPH to review and revise their sewage disposal system permitting processes and related regulations, all to include certain projections § 34 — EMINENT DOMAIN FOR FLOOD CONTROL IN BRIDGEPORT Authorizes DEEP to acquire certain property in Bridgeport related to a flood control and protection project;

prescribes a process for DEEP, if needed, to require the relocation or removal of public service facilities § 35 — CLIMATE RESILIENCY FUND REPORT Requires the DEEP commissioner, in consultation with the insurance commissioner, to report to the Environment Committee on creating a coastal resiliency fund supported by a surcharge on certain insurance policies BACKGROUND sSB11 / File No.

198 69 sSB11 File No.

198 SUMMARY This bill makes changes in laws related to planning for and preparing against certain hazards and climate change (e.g., sea level rise, rising groundwater, extreme heat, drought, or flooding).

Among other things, the bill:

1.

creates a framework for municipalities to establish resiliency improvement districts;

2.

requires updates to local, regional, and state plans of conservation and development, the state’s civil preparedness plan, and local evacuation or hazard mitigation plans;

3.

requires (a) the state’s Code and Standards Committee to have people with experience in construction techniques related to building resiliency and (b) revisions to the State Building Code to include design and construction techniques related to greenhouse gas (GHG) reduction and resiliency;

4.

allows municipal zoning regulations to provide for regional transfer of development rights systems;

and 5.

requires updates to the state water plan and reviews of water supply and sewage disposal system regulations to account for certain projections.

A section-by-section analysis follows below.

EFFECTIVE DATE:

July 1, 2024, except the climate resiliency fund report provision is effective upon passage (§ 35).

§§ 1-10 — RESILIENCY IMPROVEMENT DISTRICTS Creates a framework authorizing municipalities to establish resiliency improvement districts to finance capital projects addressing climate change mitigation, adaptation, or resilience;

allows municipalities to finance projects in these districts by designating incremental property tax revenue and specified savings generated in the district, imposing benefit assessments on real property in the district, and issuing bonds backed by these sSB11 / File No.

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198 revenue streams and other sources;

allows municipalities to fix property tax assessments in the district for up to 30 years Overview The bill allows municipalities, through their legislative bodies, to establish a resiliency improvement district to finance capital projects meant to address climate change mitigation, adaptation, or resilience.

It allowsamunicipalitytofinanceprojectsinthedistrictby(1)designating all or part of the new or incremental real property tax revenue and specified savings generated in the district for repaying the costs incurred to fund the projects;

(2) imposing assessments on real property in the district benefiting from certain public improvements (i.e., benefit assessments);

and (3) issuing bonds with up to 30-year terms backed by various sources, including these revenue streams, to pay project costs.

The bill imposes certain criteria for designating a resiliency improvement district that generally parallel those in existing law for designating a tax increment financing district.

It specifies a process for establishing a resiliency improvement district that, among other things, requires a municipality to (1) consider the proposed district’s contributiontothemunicipalityanditsresidents,(2)determine whether it conforms with its plan of conservation and development, and (3) hold at least one public hearing on the proposal.

It requires a municipality’s legislative body to adopt a master plan for the resiliency improvement district and prescribes the plan’s components, including a financial plan that defines the costs and revenue sources required to accomplish the master plan.

It also allows municipalities to fix property tax assessments in the district for up to 30 years.

To carry out a district master plan, the bill allows municipalities to issue bonds with up to 30-year terms backed by various sources, including (1) their full faith and credit (i.e., general obligation (GO) bonds);

(2) the income, proceeds, revenues, and property within the district;

and (3) tax increment revenues, increased savings, and benefit assessments.

sSB11 / File No.

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198 Establishing the District (§ 2(a), (d) & (e)) The bill allows a municipality’s legislative body to establish a resiliency improvement district within the municipality’s boundaries subject to the bill’s requirements.

(Under the bill, a “municipality” is a town, city, borough, consolidated town and city, or consolidated town and borough.) The district is effective when the legislative body approves it and adopts a district master plan, as described below.

If the municipality operates under a charter that prohibits these districts, the bill prohibits the municipality from establishing one.

The bill also allows two or more contiguous municipalities to enter into an interlocal agreement to set up a district and adopt a district master plan for a district made up of contiguous properties partially located in each.

They must adopt the agreement before they set up the district or plan according to the interlocal agreement law.

The agreement must divide among the participating municipalities any power, right, duty, or obligation set out in the bill.

As with other districts, joint districts are effective when the respective legislative bodies approve it and adopt a district master plan.

Advisory Board (§ 9) The bill allows the legislative body of each applicable municipality to create a board to advise it and designated administrative entities on (1) planning, building, and implementing the district master plan and (2) maintaining and operating the district after the plan’s completion.

The advisoryboard’smembersmust includepeoplewho ownor occupy real property in or adjacent to the district.

Conditions for Approval (§ 3) The bill requires municipalities (through their legislative bodies or board of selectmen if the legislative body is a town meeting) to take certain steps before establishing a district and approving a district master plan.

Planning Commission.

The municipality must give the proposed district master plan to its planning commission, if it has one, and ask it sSB11 / File No.

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198 to study the plan and issue a written advisory opinion, including a determination as to whether the plan is consistent with the municipality’s plan of conservation and development.

Public Hearing.

The municipality must hold at least one public hearing on the proposed district.

It must publish notice of the hearing at least 10 days in advance in a conspicuous place on the municipality’s website (or municipalities’ websites, in the case of a joint district) and include (1) the hearing’s date, time, and place;

(2) a legal description of the proposed district’s boundaries;

and (3) the draft district master plan.

The draft plan must also be (1) available for people to physically review it and (2) posted on each applicable municipality’s website.

Approval Criteria.

The municipality must determine whether the proposed district meets certain criteria.

First, it must consider whether the proposed district and district master plan will contribute to the municipality’s well-being or improve its residents’ health, welfare, or safety.

In addition, it must determine whether the proposed district meets the following conditions:

1.

it must contain an area that experiences, or is likely to experience, adverse impacts from hazards or climate change (e.g., sea level rise, rising groundwater, extreme heat, drought, or flooding);

2.

it must have been identified in (a) a municipal hazard mitigation plan, (b) local or regional plan of conservation and development, or (c) another related planning process;

3.

the plan must show that it reduces risks from these identified adverse impacts in the district;

4.

a portion of its real property must be suitable for commercial, industrial, mixed-use, or retail uses or transit-oriented development;

and 5.

it must not increase the vulnerability and risk to adjacent sSB11 / File No.

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198 properties or other hazards in the district.

If there are existing residential uses in the district, the proposed district must also provide for replacing or renovating these residential buildings under certain conditions.

Specifically, if the district is in a flood zone or within the sea level rise boundaries in the sea level change scenario for Connecticut published by UConn’s Marine Sciences Division, it must:

1.

include a height standard of at least two feet of freeboard above the base flood elevation, or as designated by the state building code or municipal building requirements, whichever imposes a greater height standard, and indicate whether building or renovating commercial or industrial buildings must be flood- proofed or elevated;

and 2.

allow vehicles to access these buildings at a height of two feet above base flood elevation.

Lastly, the original assessed value of the proposed district (i.e., the value of all taxable real property in the district as of the prior October 1), plus the original assessed value of all of the existing tax increment districts within the relevant municipalities, cannot exceed 10% of the total value of taxable property in the municipalities as of the October 1 immediately before the district's establishment.

This calculation does not include any districts consisting entirely of contiguous property owned by a single taxpayer (i.e., parcels divided by a road, power line, railroad line, or right-of-way).

Dissolving the District of Changing Its Boundaries (§ 2(c)) Under the bill, a municipality’s legislative body may generally vote to dissolve a district or change its boundaries at any time.

But it may not dissolve the district or decrease its boundaries if the district has any outstanding bonds, other than municipal GO bonds.

District Powers (§ 2(b) & (f)) Development.

The bill authorizes a municipality, within a district sSB11 / File No.

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198 and consistent with its district master plan, to:

1.

acquire, construct, reconstruct, improve, preserve, alter, extend, operate, and maintain property or promote development to meet the plan’s objectives (in doing so, it may acquire property, land, and easements through negotiation or by other legal means);

2.

execute and deliver contracts, agreements, and other documents related to the district’s operation and maintenance;

3.

issue bonds and other obligations as the bill allows;

4.

enter into fixed assessment agreements for real property in the district, subject to the restrictions described below;

5.

accept grants, advances, loans, or other financial assistance from public or private sources and do anything necessary or desirable to secure such aid (the bill specifies that this funding includes funds from the Climate Change and Coastal Resiliency Reserve Fund, stormwater authorities, and flood prevention, climate resilience, and erosion control systems);

and 6.

according to terms it establishes, (a) provide services, facilities, or property;

(b) lend, grant, or contribute funds;

and (c) take any other action it is authorized to perform for other municipal purposes.

These powers are in addition to those the municipality has under the Constitution, the statutes, special acts, or the bill’s other provisions.

Fixing Assessments in the District.

The bill allows a municipality, through its board of selectmen, town council, or other governing body, to enter into written agreements with a taxpayer to fix the assessment of real property in the district for up to 30 years.

The property’s fixed assessment, plus the value of any future improvements, cannot be less than its assessment as of the last regular assessment date without the future improvements.

sSB11 / File No.

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198 Fixed assessment agreements must be recorded on the municipality’s land records.

This recording (1) constitutes notice to the property’s subsequent purchasers or encumbrancers, whether they acquire the property voluntarily or involuntarily, and (2) is binding.

A municipality may bring an action in the Superior Court for the judicial district in which it is located to force a taxpayer to comply with the agreement’s terms.

Tax Abatements for Affordable Housing in the District.

The bill specifies that it does not limit a municipality’s authority under the law to offer, enter into, or change any tax abatement for real property in the district if that property has at least one affordable housing unit.

(By law, a unit is affordable if it costs a household no more than 30% of its income, for households making up to the median income of the town where the unit is located.) District Master Plan (§ 4) Requirement.

The bill requires a municipality’s legislative body to adopt a (1) “district master plan” for the district and (2) statement of the percentage or amount of “increased assessed value” that will be designated as “captured assessed value” under the plan, as described below.

It must adopt the plan (1) at the same time it adopts the district, subject to the bill’s procedures, and (2) after receiving the planning commission’s (or combined planning and zoning commission’s) written advisory opinion or 90 days after it requested the opinion, whichever comes first.

Purpose.

Under the bill, the “district master plan” is a statement of means and objectives prepared by the municipality, or municipalities acting under an interlocal agreement, relating to a district designed to do the following:

1.

reduce the risk of, or exposure to, extreme events, hazards, and climate change effects;

2.

support economic development;

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198 3.

provide housing opportunities in existing residential areas;

4.

improve or broaden the tax base;

and 5.

build or improve the physical facilities and structures needed for “resilience projects,” “environmental infrastructure,” or “clean energy projects.” Under the bill, “resilience projects” are those (including capital projects) designed and implemented to address climate change mitigation,adaptation,orresilience.Theyincludeprojects(1)mitigating the effects of river, bay, sea, or groundwater rise;

extreme heat or the urban heat island effect;

or drought and (2) meant to reduce flooding risk.

(By law, “resilience” is the ability to prepare for and adapt to changing conditions and withstand and recover rapidly from deliberate attacks, accidents, or naturally occurring threats or incidents, such as those associated with climate change.) “Environmental infrastructure” is structures, facilities, systems, services, and improvement projects related to water, waste and recycling, climate adaptation and resiliency, agriculture, land conservation, parks and recreation, and environmental markets such as carbon offsets and ecosystem services.

“Clean energy projects” are renewal energy projects using Class I renewable sources (e.g., wind and solar).

Components.

The district master plan must include:

1.

a legal description of the district’s boundaries;

2.

the tax identification numbers for its lots or parcels;

3.

the present condition and uses of its land and buildings and how building and improving physical facilities or structures will reduce or eliminate risk from existing or expected hazards;

4.