AN ACT CONCERNING STERILE CULTIVARS, APPLICATION REQUIREMENTS FOR THE USE OF CERTAIN MATERIALS AS FILL AND THE REVISION OF CERTAIN HOUSING-RELATED STATUTES.

Substitute House Bill No. 5521

Public Act No. 26-129

AN ACT CONCERNING STERILE CULTIVARS, APPLICATION
REQUIREMENTS FOR THE USE OF CERTAIN MATERIALS AS FILL
AND THE REVISION OF CERTAIN HOUSING-RELATED STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. (NEW) (Effective from passage) On or before January 15, 2027,
the Connecticut Agricultural Experiment Station 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 safety of the
use and planting, import, transport, sale and purchase of sterile
cultivars and the distribution of Japanese barberry in this state. In
undertaking the considerations required by this section, the Connecticut
Agricultural Experiment Station shall provide for a public comment
period. Such report may include, but shall not be limited to, any
recommendations concerning such cultivars and Japanese barberry,
including any legislative recommendations.
Sec. 2. Subsection (c) of section 22a -209f of the general statutes is
repealed and the following is substituted in lieu thereof ( Effective from
passage):
(c) (1) For purposes of this subsection: (A) "Beneficially reclaimed
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materials" means any of the following materials that may contain de
minimis amounts of solid waste that is present incidentally in such
materials, including any mixture of the following materials:
(i) Soil or dewatered sediment that does not exceed the criteria
established by regulations adopted pursuant to section 22a -133k,
including, but not limited to, criteria for any additional polluting
substances for which criteria are not specified in such regulations;
(ii) Asphalt, brick, concrete or ceramic material, provided such
material is virtually inert and poses no threat to pollute any
groundwater or surface waters;
(iii) Casting sand;
(iv) Crushed recycled glass; or
(v) Street sweepings or catch basin clean-out materials.
"Beneficially reclaimed materials" does not include materials that
contain any asbestos, polychlorinated biphenyls, persistent
bioaccumulative toxins, hazardous waste or, unless approved by the
commissioner in writing, pyrrhotite-containing concrete;
(B) "Soil" means unconsolidated geologic material overlying bedrock;
(C) "Dewatered sediment" means unconsolidated material occurring
in a surface water body, with water removed;
(D) "Casting sand" means waste sand from the casting of metals,
provided such sand is not hazardous waste;
(E) "Crushed recycled glass" has the same meaning as provided in
section 22a-208z;
(F) "Hazardous waste" has the same meaning as provided in section
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22a-448;
(G) "Persistent bioaccumulative toxins" means long -lived chemicals
that accumulate in the tissues of humans and that are toxic; and
(H) "Aquifer protection area" has the same meaning as provided in
section 22a-354h.
(2) (A) The Commissioner of Energy and Environmental Protection
may establish a pilot program for the beneficial use of beneficially
reclaimed materials. The primary purpose of such program shall be to
allow beneficially reclaimed materials to be used as fill when there is an
engineering need for fill materials and to facilitate the reclamation or
redevelopment of environmentally impaired or underutilized land.
(B) To implement the pilot program established pursuant to this
subsection, the commissioner may issue no more than four
authorizations, provided: (i) Such authorization does not allow an
activity for which an individual or general permit has been issued; (ii)
such authorization is not inconsistent with the requirements of the
federal Resource Conservation and Recovery Act, 42 USC 6901 et seq.;
(iii) such authorization is for single locations only and provides for not
less than one hundred thousand cubic ya rds of beneficially reclaimed
materials to be used as fill at such location; [(iv) that prior to the
submission of an application for authorization in accordance with this
subsection, each municipality in which beneficially reclaimed materials
will be used as fill has issued all the necessary approvals specified in
subdivision (4) of this subsection;] and [(v)] (iv) the commissioner finds
that the beneficial use of beneficially reclaimed materials does not harm
or present a threat to human health, safety or the environment.
(3) The commissioner may establish guidelines protective of public
health, safety and the environment for such authorizations and for a
letter of credit provided in accordance with this subsection and shall
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give public notice on the Department of Energy and Environmental
Protection's Internet web site of such guidelines, or any subsequent
revision of such guidelines, with an opportunity for submission of
written comments by interested persons for a period of thirty days
following the publication of such notice. The commissioner shall post a
response to any comments received on the Department of Energy and
Environmental Protection's Internet web site. At a minimum, any such
guidelines shall contain a preference for use of environmentally
impaired or underutilized locations, provided that any location for
which an authorization is issued under this subsection shall:
(A) Be in an area (i) where the quality of the groundwaters of the
state, as classified in regulations adopted pursuant to section 22a -426,
and the classification maps adopted pursuant to said section, is either
"GB" or "GC", and (ii) that is served by a public drinking water supply;
(B) Not be in an aquifer protection area; and
(C) Be operated in compliance with sections 22a -426-1 to 22a -426-9,
inclusive, of the regulations of Connecticut state agencies and not
adversely affect sensitive receptors or resources, including, but not
limited to, public or private water supply wells, wetl ands, floodplains,
or threatened or endangered species.
(4) [Prior to the ] The submission of an application for authorization
in accordance with this subsection [, an applicant] shall [:(A) Obtain a]
require the applicant to either (A) submit, or (B) indicate when such
applicant reasonably estimates that it will have: (i) A valid certificate of
zoning approval, special permit, special exception or variance, or other
documentation, from each municipality in which beneficially reclaimed
materials will be used as fill; [(B) obtain a copy of ] and (ii) a wetlands,
aquifer protection, coastal site plan and any other required approval
from each municipality. [; and (C) comply ] Any such application shall
additionally include proof of compliance with the process specified in
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subsection (b) of section 22a -20a, regardless of whether the location
where beneficially reclaimed materials will be used as fill is located in
an environmental justice community. [;]
(5) An application for authorization pursuant to this subsection shall
be submitted on forms prescribed by the commissioner and shall
include, at a minimum, the following information: (A) A plan for
ensuring that only beneficially reclaimed materials that sati sfy the
requirements of this subsection are used as fill and a description of
acceptability criteria for the beneficially reclaimed materials proposed
for beneficial use at the subject location; (B) a plan describing the process
for placing and recording t he placement of beneficially reclaimed
materials; (C) a plan for monitoring the waters of the state during the
filling process and for a period of not less than thirty years after filling
is complete; (D) a proposed letter of credit that conforms to the
guidelines established by the commissioner pursuant to subdivision (3)
of this subsection and the basis for the cost estimate used in such
proposed letter of credit; (E) the qualifications of the environmental
professionals intended to exercise oversight of all aspects of the
proposed activities; (F) a redevelopment plan for the location where
beneficially reclaimed materials will be placed, including engineering
plans and drawings in support of such redevelopment; (G) a list of each
municipal approval required for the proposed placement of beneficially
reclaimed materials and a written copy of each such approval or a
reasonable estimate of when such approval will be obtained, as
applicable; and (H) any additional information required by the
commissioner. Any such application shall be accompanied by a
nonrefundable application fee of twenty-five thousand dollars.
(6) Notwithstanding section 22a -208a or any regulations adopted
pursuant to section 22a-209, the issuance of an authorization under this
subsection, or a modification of an authorization under this subsection
when such modification is sought by the holder of a n authorization,
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shall conform to the following procedures: (A) The Commissioner of
Energy and Environmental Protection shall publish a notice of intent to
issue an authorization on the Department of Energy and Environmental
Protection's Internet web site. Such notice shall, at a minimum, include:
(i) The name and mailing address of the applicant and the address of the
location of the proposed activity; (ii) the application number; (iii) the
tentative decision regarding the application; (iv) the type of
authorization sought, including a reference to the applicable provision
of the general statutes or regulations of Connecticut state agencies; (v) a
description of the location of the proposed activity and any natural
resources that will be affected by such activity; (vi) the name, address
and telephone number of any agent of the applicant from whom
interested persons may obtain copies of the application; (vii) the length
of time available for submission of public comments to the
commissioner; and (viii) any other additional in formation the
commissioner deems necessary. There shall be a comment period of
thirty days following the publication of such notice by the commissioner
during which interested persons may submit written comments to the
commissioner; (B) the commissioner sh all post a response to any
comments received on the Department of Energy and Environmental
Protection's Internet web site; and (C) the commissioner may approve
or deny such authorization based upon a review of the submitted
information. Any authorization issued pursuant to this subsection shall
define clearly the activity covered by such authorization and may
include such conditions or requirements as the commissioner deems
appropriate, including, but not limited to, investigation or remediation
of a locati on prior to placement of beneficially reclaimed materials,
operation and maintenance requirements, best management practices,
qualifications and requirements for environmental professional
exercising oversight, groundwater monitoring, compliance with fill
management, closure, redevelopment or other plans, reporting and
recordkeeping requirements, auditing by an independent party and a
specified term. The commissioner shall require the posting of a letter of
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credit to assure compliance with any authorization issued under this
subsection, including, but not limited to, implementation of a closure
plan and post-closure maintenance and monitoring.
(7) The commissioner may suspend or revoke any such authorization
and may modify an authorization if such modification is not sought by
the holder of an authorization, in accordance with the provisions of
section 4 -182 and the applicable rules of practice adop ted by the
department.
(8) Unless required by the federal Clean Water Act, a discharge
permit under section 22a -430 shall not be required for a discharge
authorized under this subsection. In addition, the soil reuse provisions
of the state remediation standards, adopted pursuant to section 22a -
133k, shall not apply to an activity authorized under this subsection.
Sec. 3. Subsection (d) of section 8 -3n of the 2026 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2026):
(d) Notwithstanding the provisions of this section, any municipality,
as defined in section 7-148, may adopt not more than two conservation
and traffic mitigation districts in which the municipality may require a
minimum number of off -street motor vehicle park ing spaces for a
residential development that contains [fewer than sixteen ] sixteen or
fewer dwelling units, provided (1) no such district shall be larger than
four per cent of a municipality's land area, (2) a municipality shall
submit a property desc ription of any such district adopted by the
municipality to the Secretary of the Office of Policy and Management
upon the adoption of such district, (3) any such zones may be
contiguous, and (4) the municipality shall allow the proposed developer
of such d evelopment to submit to the zoning enforcement officer,
planning commission, zoning commission or combined planning and
zoning commission a parking needs assessment that conforms with the
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requirements of subsection (c) of this section. If a parking needs
assessment is submitted pursuant to subdivision (4) of this subsection,
such officer or commission shall condition the approval of such
development on the construction of off -street parking spaces not
exceeding one such space for each studio or one-bedroom dwelling and
two such spaces for each dwelling unit with two or more bedrooms, or
the number of such spaces recommended for the development by the
parking needs assessment submitted pursua nt to this section,
whichever results in the least required number of off -street parking
spaces.
Sec. 4. Section 2 -139 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) There is established the majority leaders' roundtable group on
affordable housing. The group shall study (1) existing affordable
housing policies, programs and initiatives in the state, (2) the potential
conversion of state properties into affordable housing developments, (3)
successful models and best practices from other states or regions to
inform potential policy recommendations, (4) the potential conversion
of commercial properties such as hotels, malls and office buildings into
residential buildings, and (5) any other topics related to the promotion
and development of affordable housing in the state.
(b) The roundtable group shall consist of the following members:
(1) The cochairpersons and ranking members of the joint standing
committees of the General Assembly having cognizance of matters
relating to housing and planning and development;
(2) The majority leader of the Senate;
(3) The majority leader of the House of Representatives;
(4) Three appointed by the majority leader of the House of
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Representatives, one of whom has expertise in public housing, one of
whom represents a regional council of governments, and one of whom
represents a business advocacy organization or regional chamber of
commerce;
(5) Three appointed by the majority leader of the Senate, one of whom
has expertise in regional planning, one of whom has expertise in local
planning and zoning, and one of whom has expertise in housing
development;
(6) The Commissioner of Administrative Services, or the
commissioner's designee;
(7) The Commissioner of Housing, or the commissioner's designee;
(8) The Commissioner of Economic and Community Development,
or the commissioner's designee;
(9) The Commissioner of Transportation, or the commissioner's
designee;
(10) The Responsible Growth Coordinator, or the coordinator's
designee;
(11) The executive director of the Connecticut Housing Finance
Authority, or the executive director's designee;
(12) A representative of the Connecticut Conference of
Municipalities; and
(13) A representative of the Connecticut Council of Small Towns.
(c) Any member of the roundtable group appointed under
subdivision (1), (2), (3) or (4) of subsection (b) of this section may be a
member of the General Assembly.
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(d) All initial appointments to the roundtable group shall be made
not later than thirty days after the effective date of this section. Any
vacancy shall be filled by the appointing authority.
(e) The majority leader of the Senate and the majority leader of the
House of Representatives shall be the chairpersons for the roundtable
group. The chairpersons shall schedule the first meeting of the
roundtable group, which shall be held not later than sixty days after the
effective date of this section.
(f) The administrative staff of the joint standing committee of the
General Assembly having cognizance of matters relating to housing
shall serve as administrative staff of the roundtable group.
(g) Not later than January 1, 2024, and annually on January first
thereafter until January 1, 2026 , the roundtable group shall submit a
report on its findings and recommendations to the joint standing
committee of the General Assembly having cognizance of matters
relating to housing, in accordance with the provisions of section 11 -4a.
The roundtable group shall terminate on June 30, 2026.
Sec. 5. Section 8-13ii of the 2026 supplement to the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2026):
(a) There is established a Council on Housing Development to advise
and assist the State Responsible Growth Coordinator in reviewing
regulations, developing guidelines and establishing programs
concerning the growth of housing in the state, and to approve or modify
any municipal housing growth plan or regional housing growth plan if
the Secretary of the Office of Policy and Management has not acted on
such plan in the time provided in section 8-13bb, or 8-13cc, as applicable.
(b) The council shall consist of the following regular members: (1) The
Governor, or the Governor's designee; (2) the State Responsible Growth
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Coordinator; (3) the Secretary of the Office of Policy and Management,
or the secretary's designee; (4) the Commissioner of Housing, or the
commissioner's designee; (5) the Commissioner of Energy and
Environmental Protection, or the commissioner's designee ; (6) the
Commissioner of Economic and Community Development, or the
commissioner's designee; (7) the Commissioner of Transportation, or
the commissioner's designee; (8) the executive director of the
Connecticut Housing Finance Authority, or the executive director's
designee; (9) the executive director of the Connecticut Municipal
Development Authority, or the executive director's designee; (10) the
president pro tempore of the Senate, or the president's designee; (11) the
majority leader of the Senate, or the majority leader's designee; (12) the
speaker of the House of Representatives, or the speaker's designee; (13)
the majority leader of House of Representatives, or the majority leader's
designee; (14) the minority leader of the Senate, or the minority leader's
designee; (15) the minority leader of the House of Representatives, or
the minority leader's designee; (16) one individual appointed by the
[chairperson of the majority leaders' roundtable group on affordable
housing from the Senate] president pro tempore of the Senate; and (17)
one individual appointed by the [chairperson of the majority leaders'
roundtable group on affordable housing from the House of
Representatives] speaker of the House of Representatives.
(c) The chairpersons of the council shall be (1) the president pro
tempore of the Senate, or the president's designee, and (2) the speaker
of the House of Representatives, or the speaker's designee.
(d) The administrative staff of the Connecticut Municipal
Development Authority shall serve as the administrative staff of the
council.
(e) The council shall convene not later than January 1, 2026, and meet
not less than once every six months thereafter, and more often upon the
call of a chairperson, to:
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(1) Review and evaluate the plans, programs, regulations and policies
of state or quasi-public agencies for opportunities to combine efforts and
resources of such agencies to increase housing development;
(2) Develop consistent reporting methods concerning data and
documentation related to housing development;
(3) Provide a forum to develop approaches to housing growth that
balance both needs for conservation and development, including the
need for additional housing and economic growth, the protection of
natural resources and the maintenance and support for existing
infrastructure;
(4) Review existing discretionary grant programs to make
recommendations to state or quasi -public agencies concerning the
adherence of such programs with the goals established in the state plan
of conservation and development adopted under chapter 297. Such
recommendations shall include, but need not be limited to, methods to
increase the development of deed-restricted housing in transit-oriented
districts and middle housing, as defined in section 8-1a;
(5) Develop guidelines, in consultation with the Secretary of the
Office of Policy and Management and consistent with the requirements
of subsection (j) of section 8 -13hh, concerning the adoption and
development of transit -oriented districts within qualifying transit-
oriented communities; and
(6) Review applications for grants -in-aid under the housing growth
program established pursuant to section 8 -13jj, including any
supporting materials submitted by an applicant in connection with such
application, that have been submitted by the secretary to th e council
pursuant to section 8-13jj.
(f) Not later than January 1, 2027, the council shall submit a report, in
accordance with the provisions of section 11 -4a, to the joint standing
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committees of the General Assembly having cognizance of matters
relating to planning and development and housing, concerning the
recommendations and guidelines developed by the council pursuant to
subdivisions (4) and (5) of subsection (e) of this section or any other
recommendations of the council. The coordinator shall publish such
recommendations and guidelines on the Internet web site of the Office
of Policy and Management.