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Substitute House Bill No. 5874

Public Act No. 08-173

AN ACT CONCERNING THE PERMITTING OF SOLID WASTE FACILITIES LOCATED NEAR HOUSING DEVELOPMENTS AND THE SALE OF CERTAIN HOUSING.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2008) The Commissioner of Environmental Protection shall not issue a permit for the construction or operation of a solid waste facility located or proposed to be constructed on a parcel of real property, the boundary of which such parcel is located within one hundred fifty feet of a parcel of property containing a housing development owned by a housing authority, unless the Commissioner of Environmental Protection determines that the proposed facility does not pose a threat to the environment of the surrounding geographic area or to public safety. The provisions of this section shall not apply to a permit to construct or operate a solid waste facility issued on or before September 30, 2008, or to the renewal of such a permit. For the purposes of this section, "solid waste facility" means any solid waste disposal area, volume reduction plant, transfer station, wood-burning facility or biomedical waste treatment facility, but does include any redemption center; "redemption center" has the same meaning as provided in section 22a-243 of the general statutes; and "housing authority" has the same meaning as provided in section 8-39 of the general statutes.

Sec. 2. (NEW) (Effective from passage) Notwithstanding any provision of the general statutes or the bylaws of a condominium unit owners' association, adopted under section 47-80 of the general statutes, or any affordable housing deed restriction limiting the sales price of housing subject to such provisions or restrictions, an owner who purchased such housing on or after July 1, 2004, but before July 15, 2004, for an amount exceeding the amount specified in every such provision or restriction may sell such housing for an amount not exceeding the amount such owner paid to purchase the housing.

Approved June 12, 2008