Connecticut 2021 Regular Session Status: Enacted Bipartisan · 3 D · 1 R cosponsors

HB 6541 — AN ACT CONCERNING AN EXTENSION OF TIME FOR THE EXPIRATION OF CERTAIN LAND USE APPROVALS.

Last action — SIGNED BY GOVERNOR

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

This bill has been enacted into law. Introduced February 26, 2021. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 D · 1 R) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

207 added · 392 removed

207 line(s) added, 392 removed.

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House of Representatives File No.
Substitute House Bill No.
788 General Assembly January Session, 2021(Reprint of File No.
6541 Public Act No.
304) Substitute House Bill No.
21-163 AN ACT CONCERNING AN EXTENSION OF TIME FOR THE EXPIRATION OF CERTAIN LAND USE APPROVALS.
6541 As Amended by House Amendment Schedule "A" Approved by the Legislative Commissioner June 4, 2021 AN ACT CONCERNING AN EXTENSION OF TIME FOR THE EXPIRATION OF CERTAIN LAND USE APPROVALS.
sHB6541 / File No.
Sec.
788 sHB6541 File No.
788 Sec.
(e) Notwithstanding the provisions of this section, any subdivision approval made under this section prior to July 1, 2011, that has not expired prior to [May 9, 2011] the effective date of this section, shall expire not less than [nine] fourteen years after the date of such approval and the commission may grant one or more extensions of time to complete all or part of the work in connection with such subdivision, provided no subdivision approval, including all extensions, shall be valid for more than [fourteen] nineteen years from the date the subdivision was approved.
(e) Notwithstanding the provisions of this section, any subdivision approval made under this section prior to July 1, 2011, that has not Substitute House Bill No.
6541 expired prior to [May 9, 2011] the effective date of this section, shall expire not less than [nine] fourteen years after the date of such approval and the commission may grant one or more extensions of time to complete all or part of the work in connection with such subdivision, provided no subdivision approval, including all extensions, shall be valid for more than [fourteen] nineteen years from the date the subdivision was approved.
(g) Notwithstanding the provisions of subdivision (2) of subsection (d) of this section, any permit issued under this section prior to July 1, 2011, that has not expired prior to [May 9, 2011] the effective date of this section, shall expire not less than [nine] fourteen years after the date of sHB6541 / File No.
(g) Notwithstanding the provisions of subdivision (2) of subsection (d) of this section, any permit issued under this section prior to July 1, 2011, that has not expired prior to [May 9, 2011] the effective date of this section, shall expire not less than [nine] fourteen years after the date of such approval.
788 sHB6541 File No.
Any such permit shall be renewed upon request of the permit holder unless the agency finds that there has been a substantial change in circumstances that requires a new permit application or an Public Act No.
788 such approval.
21-163 2 of 7 Substitute House Bill No.
Any such permit shall be renewed upon request of the permit holder unless the agency finds that there has been a substantial change in circumstances that requires a new permit application or an enforcement action has been undertaken with regard to the regulated activity for which the permit was issued, provided no such permit shall be valid for more than [fourteen] nineteen years.
6541 enforcement action has been undertaken with regard to the regulated activity for which the permit was issued, provided no such permit shall be valid for more than [fourteen] nineteen years.
Notice of the decision of the commission shall be published in a newspaper having a substantial circulation in the municipality and addressed by certified mail to the person who requested or applied for a special permit or special exception, by its secretary or clerk, under his signature in any written, printed, typewritten or stamped form, within sHB6541 / File No.
Notice of the decision of the commission shall be published in a newspaper having a substantial circulation in the municipality and addressed by certified mail to the person who requested or applied for a special permit or special exception, by its secretary or clerk, under his signature in any written, printed, typewritten or stamped form, within fifteen days after such decision has been rendered.
788 sHB6541 File No.
In any case in which Public Act No.
788 fifteen days after such decision has been rendered.
21-163 3 of 7 Substitute House Bill No.
In any case in which such notice is not published within such fifteen-day period, the person who requested or applied for such special permit or special exception may provide for the publication of such notice within ten days thereafter.
6541 such notice is not published within such fifteen-day period, the person who requested or applied for such special permit or special exception may provide for the publication of such notice within ten days thereafter.
sHB6541 / File No.
Public Act No.
788 sHB6541 File No.
21-163 4 of 7 Substitute House Bill No.
788 (a) The planning commission of any municipality shall hold a public hearing on an application or request for a special permit or special exception, as provided in section 8-2.
6541 (a) The planning commission of any municipality shall hold a public hearing on an application or request for a special permit or special exception, as provided in section 8-2.
[(b)] (2) Notwithstanding the provisions of subsection (a) of this section, any special permit or special exception approval made under sHB6541 / File No.
Public Act No.
788 sHB6541 File No.
21-163 5 of 7 Substitute House Bill No.
788 this section on or after July 1, 2011, but prior to the effective date of this section, that did not expire prior to March 10, 2020, and that specified a deadlinebywhichallworkinconnectionwithsuchapprovalisrequired to be completed, shall expire not less than nineteen years after the date of such approval and the commission may grant one or more extensions of time to complete all or part of the work in connection with such special permit or special exception.
6541 [(b)] (2) Notwithstanding the provisions of subsection (a) of this section, any special permit or special exception approval made under this section on or after July 1, 2011, but prior to the effective date of this section, that did not expire prior to March 10, 2020, and that specified a deadlinebywhichallworkinconnectionwithsuchapprovalisrequired to be completed, shall expire not less than nineteen years after the date of such approval and the commission may grant one or more extensions of time to complete all or part of the work in connection with such special permit or special exception.
[(a)] (2) Notwithstanding the provisions of any special act, [or] any site plan, subdivision or permit approval by a zoning commission, planning commission, combined planning and zoning commission, zoning board of appeals or inland wetlands agency pursuant to the provisions of any such special act that occurred on or after July 1, 2011, butpriortotheeffectivedateofthissection,andthatdidnotexpireprior to March 10, 2020, [such approval] shall expire not less than fourteen years after the date of such approval and such commission, board or agency, as applicable, may grant one or more extensions of time to complete all or part of the work in connection with such approval, provided no approval, including all extensions, shall be valid for more sHB6541 / File No.
[(a)] (2) Notwithstanding the provisions of any special act, [or] any site plan, subdivision or permit approval by a zoning commission, planning commission, combined planning and zoning commission, zoning board of appeals or inland wetlands agency pursuant to the provisions of any such special act that occurred on or after July 1, 2011, butpriortotheeffectivedateofthissection,andthatdidnotexpireprior to March 10, 2020, [such approval] shall expire not less than fourteen Public Act No.
788 sHB6541 File No.
21-163 6 of 7 Substitute House Bill No.
788 than nineteen years from the date the site plan, subdivision or permit was initially approved.
6541 years after the date of such approval and such commission, board or agency, as applicable, may grant one or more extensions of time to complete all or part of the work in connection with such approval, provided no approval, including all extensions, shall be valid for more than nineteen years from the date the site plan, subdivision or permit was initially approved.
This act shall take effect as follows and shall amend the following sections:
Approved July 12, 2021 Public Act No.
Section 1 from passage and 8-3(m) applicable to approvals made prior to July 1, 2011 Sec.
21-163 7 of 7
2 from passage and 8-26c(e) applicable to approvals made prior to July 1, 2011 sHB6541 / File No.
788 sHB6541 File No.
788 Sec.
3 from passage and 8-26g(c) applicable to approvals made prior to July 1, 2011 Sec.
4 from passage and 22a-42a(g) applicable to approvals made prior to July 1, 2011 Sec.
5 from passage and 8-3c applicable to approvals made prior to July 1, 2011 Sec.
6 from passage and 8-26e applicable to approvals made prior to July 1, 2011 Sec.
7 from passage and PA 21-34, Sec.
9 applicable to approvals made prior to July 1, 2011 sHB6541 / File No.
788 8 sHB6541 File No.
788 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.
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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:
None The bill stipulates that certain permits issued by inland wetlands agencies will not take effect until planning or zoning commissions approve land use applications.
This is not anticipated to result in a fiscal impact as it does not alter permit fees or when permits are issued.
House "A" gives developers more time to complete certain ongoing projects without seeking reapproval from local land use boards.
This has no fiscal impact on the state or municipalities as it does not alter permit fees or the timing of their issuance.
The Out Years State Impact:
None Municipal Impact:
None for the purposes of information, summarization and explanation and does not represent the intent of the Generaly 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.
sHB6541 / File No.
788 9 sHB6541 File No.
788 OLR Bill Analysis sHB 6541 (as amended by House "A")* AN ACT CONCERNING THE VALIDITY OF INLAND WETLANDS PERMITS IN RELATION TO CERTAIN OTHER LAND USE APPROVALS.
SUMMARY This bill gives developers more time to complete certain ongoing projects without seeking reapproval from local land use boards, commissions, or agencies.
It applies only to approvals and permits that were (1) approved before July 1, 2011, and (2) unexpired when the bill takes effect.
Specifically, the bill extends the initial and extended statutory deadlines for completing projects that require certain subdivision, wetlands, or site plan approval.
Generally, under the bill, these approvals are valid for at least 14 years and up to 19 years.
The bill’s 14- and 19-year completion timeframes also apply to site plan and subdivision approvals and other permits (other than special permits or exceptions) granted by a zoning commission, planning commission, combined planning and zoning commission, zoning board of appeals, or inland wetlands agency exercising land use powers under a special act.
The bill establishes a minimum amount of time, 19 years, a developer has to complete work related to a special permit or special exception, regardless of a locally set deadline.
This 19-year minimum applies to approvals granted by municipalities exercising land use powers under the statutes or a special act.
Executive Order (EO) 7JJ, § 3, issued on May 6, 2020, and sHB6541 / File No.
788 10 sHB6541 File No.
788 subsequently extended, generally tolls the expiration dates for various land use approvals that were valid on March 10, 2020 (including site plan, wetlands, and subdivision approvals), thus pausing these approvals so they will not expire during the declared emergencies.
*House Amendment “A” eliminates the provision in the underlying bill concerning the effective date of inland wetlands permits and adds the provisions concerning local land use approvals granted before July 1, 2011.
EFFECTIVEDATE:
Uponpassage,andapplicabletoapprovalsmade before July 1, 2011.
SPECIAL PERMIT OR EXCEPTION PROJECT COMPLETION DEADLINES The bill establishes a minimum validity period for unexpired special permit or exception approvals that (1) were granted before July 1, 2011, and (2) specified a deadline by which all work in connection with the approval must be completed.
Under the bill, these approvals are valid for at least 19 years after the approval is granted.
Existing statutes do not impose any minimum validity periods for these approvals (see BACKGROUND).
The bill specifies that (1) the applicable land use board, commission, or agency may extend these approvals beyond 19 years and (2) this minimum 19-year validity period applies to special permits or exceptions approved by a municipality exercising land use powers under the statutes or a special act.
OTHER PROJECT COMPLETION DEADLINES Municipalities Exercising Authority Under the Statutes The bill extends the initial and extended deadlines for completing projects approved before July 1, 2011, that require certain subdivision, wetlands, or site plan approvals.
(These deadlines were previously extended by legislation in 2009 and 2011.) The bill extends, from 14 to 19 years, the duration of subdivision sHB6541 / File No.
788 11 sHB6541 File No.
788 approvals for projects with at least 400 dwelling units.
The bill also extends by five years the minimum initial approval period for the following approvals:
1.
site plan approvals (except for projects containing at least 400 dwelling units or having an area of 400,000 square feet or more);
2.
subdivision approvals for projects with fewer than 400 dwelling units;
and 3.
wetlands permits.
Under the bill, these initial approvals must be valid for at least 14 years, rather than at least nine years, as under current law.
The bill correspondingly extends the extended deadlines for these approvals from 14 to 19 years.
Municipalities Exercising Authority Under a Special Act The bill sets a minimum approval duration of 14 years for site plan and subdivision approvals and other permits (except special permits or exceptions, see above) granted by a zoning commission, planning commission, combined planning and zoning commission, zoning board of appeals, or inland wetlands agency exercising land use powers under a special act.
The bill specifies that local boards or agencies may approve extensions, but caps the total duration of an approval, including extensions, at 19 years (except special permits or exceptions, see above).
The 14- and 19-year timeframes are calculated based on the initial approval date and apply regardless of conflicting special acts or approval conditions.
BACKGROUND Related Executive Order Under EO 7JJ, the expiration date of various land use approvals is tolled during the declared emergencies (§ 3, issued on May 6, 2020, and sHB6541 / File No.
788 12 sHB6541 File No.
788 subsequently extended through June 30, 2021).
The tolling provision appliesonlyiftheapproval-holderwasnotinviolationoftheapproval’s conditions on March 10, 2020, and did not violate them during the declared emergencies.
(A waiver of this requirement is available.) Related Bills SB 970 (File 321, as amended by Senate “A” and passed by the Senate) gives developers more time to complete an ongoing project that was approved on or after July 1, 2011.
sSB 6531 (File 685, as amended by Senate “A” and passed by both chambers), (1) generally delays the effective date of municipal inland wetlands permits to coincide with the effective period of related local land use approvals and (2) gives developers more time to complete an ongoing project approved on or after July 1, 2011.
COMMITTEE ACTION Planning and Development Committee Joint Favorable Substitute Yea 26 Nay 0 (03/21/2021) sHB6541 / File No.
788 13
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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 extends the expiration periods for certain land use approvals from a minimum of nine years to fourteen years and from a maximum of fourteen years to nineteen years for approvals made prior to July 1, 2011.

  • Section 8-3

    nine → fourteen

    The minimum expiration period for site plan approvals is increased from nine years to fourteen years.

  • Section 8-3

    fourteen → nineteen

    The maximum expiration period for site plan approvals is increased from fourteen years to nineteen years.

  • Section 8-26c

    nine → fourteen

    The minimum expiration period for subdivision approvals is increased from nine years to fourteen years.

  • Section 8-26c

    fourteen → nineteen

    The maximum expiration period for subdivision approvals is increased from fourteen years to nineteen years.

  • Section 8-26g

    fourteen → nineteen

    The deadline for completing work on certain subdivisions is extended from fourteen years to nineteen years.

  • Section 22a-42a

    nine → fourteen

    The minimum expiration period for certain permits is increased from nine years to fourteen years.

  • Section 22a-42a

    fourteen → nineteen

    The maximum expiration period for certain permits is increased from fourteen years to nineteen years.

  • Section 8-3c

    fourteen → nineteen

    The expiration period for special permit approvals is extended from fourteen years to nineteen years.

  • Section 8-26e

    fourteen → nineteen

    The expiration period for special permit or special exception approvals is extended from fourteen years to nineteen years.

Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 21-163

  5. ON CONSENT CALENDAR /IN CONCURRENCE

  6. SEN. PASSED, HO. AMEND. SCH. A

  7. SEN. ADOPTED HO. AMEND. SCH. A

  8. FILE NO. 788

  9. SENATE CALENDAR NUMBER 554

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

  11. IMMEDIATE TRANSMITTAL TO THE SENATE

  12. HOUSE PASSED, HOUSE AMEND. SCH. A

  13. HOUSE ADOPTED HOUSE AMEND. SCH. A

  14. FILE NO. 304

  15. HOUSE CALENDAR NUMBER 236

  16. FAV. RPT., TABLED FOR HOUSE CALENDAR

  17. RPTD. OUT OF LCO

  18. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/06/21

  19. FILED WITH LCO

  20. Joint Favorable Substitute

  21. PUBLIC HEARING 0305

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

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 183 not signed on

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (183)

183 members have not signed on to this bill.

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"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

Subjects

housing environment
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Frequently asked questions

Who sponsors HB 6541?
HB 6541 is sponsored by Larry B. Butler (Democratic), Hilda E. Santiago (Democratic), Tom Delnicki (Republican), and Kenneth Gucker (Democratic).
What is the current status of HB 6541?
This bill has been enacted into law. Introduced February 26, 2021. Enacted.
Where can I track HB 6541?
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