May 24, 2004 |
2004-R-0337 | |
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT REGULATORY AUTHORITY | ||
| ||
By: John Rappa, Principal Analyst | ||
You asked us to summarize the statutes that require or allow the Department of Economic and Community Development (DECD) to adopt regulations.
At least 89 statutes require or allow DECD to adopt regulations implementing housing and economic development policies and programs. Many were enacted before 1995, when these policies and programs were assigned to separate departments of Housing and Economic Development. PA 95-250 eliminated these departments, created DECD, and made it their successor agency.
Attachments 1 and 2 are tables summarizing the relevant housing and economic development statutes, respectively. They also indicate if the statutes require DECD to adopt regulations and whether it has done so.
As the Table 1 shows, 66 statutes (74 % of the total) require DECD to adopt regulations and 32 allow it to. DECD has adopted regulations under 48 of the mandatory statutes and seven of the discretionary ones.
Table 1: Total Number of Statutes Authorizing DECD to adopt Housing and Economic Development Regulations
Policy |
Total Statutes |
Statutes Requiring DECD To Adopt Regulations |
Statutes Allowing DECD To Adopt Regulations | ||
Total |
Total Adopted |
Total |
Total Adopted | ||
Housing |
56 |
43 |
31 |
13 |
6 |
Economic Development |
33 |
23 |
17 |
10 |
1 |
Total |
89 |
66 |
48 |
32 |
7 |
The table shows that DECD has adopted regulations under 31 of the 43 mandatory housing statutes. The legislature amended some of these statutes after it adopted them. Some of these changes require DECD to revise the regulations, but it has not yet done so. This appears to be the case with respect to the law establishing the affordable housing land use appeals procedure. That law requires DECD to adopt regulations implementing different provisions. Some were part of the public act that established the procedure while others were added by subsequent acts, some of which require DECD to revise existing regulations.
One provision requires DECD to adopt regulations describing the types of affordable units a town must have in order to be exempted from the procedure. A town qualifies for the exemption if these units comprise at least 10% of its housing stock. PA 02-87 added more types of units that count toward the 10% threshold, but DECD has not revised the regulations to incorporate them.
PA 02-87 also required DECD to adopt regulations specifying model deed restrictions, but it has not yet done so.
Attachment 1: Statutes Authorizing DECD to Adopt Housing Related Regulations
Regulation’s Purpose |
Mandatory |
Adopted or Revised |
CGS § |
Developer affordability plans required under affordable housing land use appeals procedure |
Yes (1) |
Yes |
8-30g (b) (2) |
Towns subject to affordable housing land use appeals procedure |
Yes |
Adopted but not revised (2) |
8-30g (k) |
Procedure for obtaining moratorium on affordable housing appeals |
Yes |
Adopted but not revised (3) |
8-30g (l) (11) |
Model deed restrictions for units under the affordable housing land use appeals procedure |
Yes |
No |
8-30g (m) |
Requirements for minimizing displacement caused by state funded housing and economic development projects |
Yes |
No |
8-37z(b) |
Requirements for preparing affirmative fair housing marketing plans |
No |
Yes |
8-37ee |
Anti-displacement and relocation assistance plan. |
Yes |
No |
8-37ll(d) |
Fund a wide range of affordable housing projects |
No |
No |
8-37pp(g) |
DECD project monitoring fee |
Yes |
No |
8-37tt |
Low-interest rental housing rehabilitation loans in distressed municipalities |
No |
No |
8-37vv |
Energy efficiency and environmentally safe housing demonstration matching grant program |
Yes |
No |
8-37ww |
Low-income housing waiting lists |
Yes |
Yes |
8-45 |
Public housing authority annual report contents |
No |
Yes |
8-68d |
Fund public housing substantial rehabilitation |
No |
No |
8-68e |
Minimum standards for tenants’ rights and grievance procedures in state funded housing projects |
Yes |
No |
8-68f |
Developer fee |
No |
Yes |
8-68g |
Moderate rental housing waiting lists |
Yes |
Yes |
8-72 |
Moderate rental housing development program |
Yes |
Yes |
8-79a |
Pilot program to make state funded rental housing adaptable for people with physical or mental disabilities |
Yes |
Yes |
8-81a |
Low- and moderate-income moderate cost home purchase program |
Yes |
Yes |
8-84 |
Elderly housing development program |
No |
No |
8-115a(d) |
Elderly housing project waiting lists |
Yes |
Yes |
8-116a |
Elderly congregate housing waiting lists |
Yes |
Yes |
8-119g |
Elderly congregate housing program |
Yes |
No |
8-119m (b) |
Pilot program to provide assisted living services in a congregate housing project |
No |
No |
8-119n (c) |
Housing units for people with disabilities to live independently |
Yes |
Yes |
9-119t(b) |
Low income housing program |
Yes |
Yes |
8-119jj (a) and (b) |
Elderly housing rent subsidy program |
Yes |
No |
8-119kk(g) |
Revolving loan housing acquisition and rehabilitation |
Yes |
Yes |
8-169w(c) |
Emergency fuel assistance for group homes and halfway houses, rent receivers, and state-funded public housing projects |
Yes |
No |
8-206d |
Demonstration housing assistance and counseling program |
Yes |
Yes |
8-206e(c) |
Demonstration program providing assisted living services in up to four federally funded housing projects |
No |
No |
8-206e (f) |
Housing land bank program |
Yes |
Yes |
8-214d(f) |
Limited equity housing cooperative and mutual housing association program |
Yes |
Yes |
8-214h |
Local housing site development program |
Yes |
Yes |
8-216b(f) |
Accessible housing program |
Yes |
No |
8-218(f) |
Nonprofit developer low- and moderate income housing program |
Yes |
Yes |
8-218c |
Seniors emergency home repair program |
Yes |
Yes |
8-219c |
Fund nonprofit developers’ administrative and technical costs of developing elderly and low- and moderate income housing |
Yes |
Yes |
8-219d |
Financial assistance for removing hazardous materials from dwelling units |
No |
Yes |
8-219e(b) |
Relocation assistance for people and businesses displaced by state funded projects |
Yes |
Yes |
8-273 |
First-time homebuyers down payment assistance program |
Yes |
Yes |
8-289 |
Local affordable housing partnership program |
Yes |
Yes |
8-336f (f) |
Rent subsidies to general assistance recipients residing in DECD-funded emergency shelters or transitional housing |
Yes |
Yes |
8-358(b) |
Pilot program converting abandoned property into single room occupancy housing for homeless people |
Yes |
No |
8-361(c) |
Matching grants for towns with low- and moderate-income housing funds |
Yes |
Yes |
8-365(d) |
Pilot property management training and technical assistance program for public housing tenants |
Yes |
Yes |
8-367a(b) |
Housing development zones |
Yes |
Yes |
8-381 |
Regional fair housing pilot program |
Yes |
Yes |
8-388 |
Financial assistance to nonprofit developers, housing authorities, and municipal agencies for project predevelopment costs |
Yes |
Yes |
8-412 |
Pilot subsurface sewage disposal system repair program |
No |
Yes |
8-416 |
Implement law making the above-mentioned program permanent |
No |
No |
8-421 |
Financial assistance for correcting faulty subsurface sewage disposal systems installed under improper municipal approvals |
No |
Yes |
8-423 |
Implement a program providing funds for constructing, acquiring, and rehabilitating ownership, rental, and cooperative housing |
Yes |
No |
8-437 |
Energy conservation loan program |
Yes |
Yes |
16a-40b(e) |
Heating system installation and electric heating system conversion loan program |
Yes |
Yes |
16a-40k(d) |
(1) The law requires DECD to adopt the regulations within available appropriations.
(2) Current regulations do not specify that deed restricted mobile manufactured homes and accessory apartments count toward statutory exemption from the affordable housing appeals procedure, as PA 02-87 provides.
(3) Current regulations authorize a three-year moratorium on affordable housing appeals while PA 02-87 increases the moratorium to four years.
Attachment 2: Statutes Authorizing DECD to Adopt Economic Development Related Regulations
Regulation’s Purpose |
Mandatory |
Adopted |
CGS § |
Criteria for funding municipal economic development projects |
No |
Yes |
4-66c(d) |
Personal data DECD maintains |
Yes |
Yes |
4-196 |
Eligibility requirements and application procedures for making grants to towns for preparing economic development project plans |
No |
Yes |
8-198 |
Calculate research and development corporate tax credits |
No |
No |
12-217n(i) |
Procedure for acquiring, cleaning up, and paying back taxes on contaminated properties |
Yes |
Yes |
22a-133m(g) |
Terms and conditions for water company system improvements grants and loans |
Yes |
Yes |
25-33b |
Terms and conditions under which a business must repay DECD assistance |
Yes |
Yes |
32-5a |
Deadlines by which DECD must act on applications |
Yes |
No |
32-5b |
Criteria and procedures for providing historic preservation and greenway development grants and loans |
Yes |
Yes |
32-6a(a) |
Specify criteria for determining eligibility of enterprise zone service and retail firms for tax incentives |
Yes |
No |
32-9j(b) |
Administrative procedures and eligibility criteria for enterprise zone job creation grants |
Yes |
Yes |
32-9l(b) |
Thresholds for statutory criteria used to identify distressed municipalities |
Yes |
Yes |
32-9p(b) |
Loan application procedures and loan terms and conditions for working capital loans to distressed municipality businesses and nonprofit development corporations |
Yes |
Yes |
32-9q(d) |
Eligibility criteria and application procedures for enterprise zone tax incentives |
Yes |
Yes |
32-9r(f) |
Grant application requirements for centers providing technical assistance to small and minority-owned businesses |
Yes |
Yes |
32-9qq(e) |
Eligibility criteria for working capital loans and credit lines for small contractors, subcontractors, minority-owned businesses, manufacturers, and service firms |
Yes |
Yes |
32-23o(a) |
Financial assistance program for critical industries’ customers |
No |
No |
32-41q(e) |
Connecticut Innovations, Inc. ’s (CII) proposed regulations to finance high technology businesses meeting narrow criteria |
Yes |
No* |
32-41s(d) |
Information needed to designated proposed enterprise zones |
Yes |
Yes |
32-70 (c) |
Criteria and procedures for funding enterprise zone community economic development programs |
Yes |
No |
32-70e(d) |
Criteria under which a business can receive enterprise zone benefits when it relocates to a zone from a distressed municipality or an area that could qualify for enterprise zone designation |
Yes |
No |
32-75 |
Criteria for extending enterprise zone benefits to projects redeveloping abandoned or under utilized railroad depots |
Yes |
Yes |
32-75a |
Criteria for extending enterprise zone benefits to projects improving manufacturing facilities located outside enterprise zones |
Yes |
Yes |
32-75c(b)(b) |
Criteria for designating entertainment districts |
Yes |
Yes |
32-76(d) |
Criteria and procedures designating enterprise corridor zones |
No |
No |
32-80(f) |
Rules under which groups of defense firms can use DECD funds to establish a consultant pool for defense diversification planning |
Yes |
No |
32-222a(3) |
Procedures and eligibility criteria for financing Manufacturing Assistance Act projects |
No |
No |
32-234 |
Criteria and procedures for funding a three-year low- and moderate income entrepreneurial training pilot program |
Yes |
Yes |
32-290(d) |
Criteria and procedures for providing entrepreneurial training to former welfare recipients, ex offenders, and high school dropouts |
No |
No |
32-290a |
Terms and conditions for providing residential energy conservation loans |
Yes |
Yes |
32-317(e) |
Women- and minority-owned business micro loan lending terms and conditions |
No |
No |
32-351(f) and 32-354(f) |
Requirements for planning, developing, and implementing international trade policies and programs |
No |
No |
32-501(a) |
Corporate business tax credits for investing in insurance businesses that acquire or construct facilities and create new jobs |
No |
No |
38a-88a(o) |
* The law requires DECD to adopt regulations only if CII proposes them.
JR: ro