Lamont Proposes Legislation To Strengthen Response To Extreme Weather Events

From Governor Lamont:

 Governor Ned Lamont today announced that the package of legislative proposals that he will ask the Connecticut General Assembly to consider for ratification during the 2025 regular session will include a proposal containing several initiatives to strengthen Connecticut’s resilience against the impacts of extreme weather events and climate change.

The governor noted that over the last year alone, Connecticut experienced several significant weather events, including:

  • An unprecedented rainfall on August 18, 2024, that delivered severe flash flooding in Fairfield County, Litchfield County, and New Haven County, resulting in three deaths and nearly $300 million in damage;
  • Repeated heavy rainstorms in January of 2024 that resulted in a near-failure of the Fitchville Pond Dam in Bozrah and severe flooding of the Yantic River in Norwich;
  • Severe flooding in September of 2023 that collapsed two bridges and stranded families in Scotland; and
  • Far below normal precipitation levels in the fall of 2024 that caused an extended period of drought, leading to critical fire conditions and several brush fires throughout the state, including a large fire on Lamentation Mountain in Berlin and Meriden that took several weeks to fully contain and resulted in the line-of-duty death of a firefighter.

Additionally, the period from July of 2023 to June of 2024 was the wettest year in recorded history for Connecticut, and 2024 was the hottest year and had the hottest summer on record for Hartford.

“I understand that there are different opinions about the science of climate change, but it is undeniable that each year is bringing an increased number of extreme weather events and abnormal climate patterns that are direct threats to our homes and our lives,” Governor Lamont said. “These severe weather events aren’t just happening on TV in faraway locations, they’re happening in our backyards. It is urgent that we take the steps necessary to make sound investments that harden our infrastructure, defend our natural resources, and enact the protections we need to save human lives, property, and livelihood. This is a critical issue that ought to be near the top of every lawmaker’s priorities, and for the sake of the people of Connecticut I want to work with the legislature this session on enacting a comprehensive resiliency bill.”

The bill proposal that Governor Lamont will present to the legislature in the coming days will contain the following items:

  • Flood insurance notifications: Currently, only homeowners who own a home within a FEMA-designated flood zone are required to obtain flood insurance, and many homeowners who have experienced a flood are surprised to learn that homeowners’ insurance does not cover flood damage. Governor Lamont’s bill will require banks, mortgage companies, insurance companies, and insurance brokers and agents to notify homeowners about the availability of flood insurance at the time of the mortgage signing and formally acknowledge if the customer has declined to purchase a flood policy.
  • Notifying homeowners and renters about flood risks: Current state law requires disclosure about mechanical, structural, lead paint, mold, and other similar issues to homeowners. Governor Lamont is proposing to amend this law to establish an additional disclosure related to the history of flooding on a property or its location in a flood zone. Additionally, the proposal will extend this flood history and flood zone notification to renters.
  • Requiring additional review of coast development plans: Currently, towns refer certain development plans in coastal areas to the Connecticut Department of Energy and Environmental Protection (DEEP) for review. However, development in recent years has been increasing in additional risk areas that are not currently covered. Governor Lamont’s proposal will expand the referral requirement to include additional activities in flood risk areas near coastal functions that help buffer flooding (wetlands, beaches, and dunes) to provide DEEP with greater opportunity to provide comment and recommendations.
  • Remove the exemption for the coastal site plan review for single-family homes: Under current state law, the development of single-family homes is exempt from the coastal site plan review process, unless they are located next to specific shoreline features. Governor Lamont is proposing to remove this exemption and subject these developments to review for the purpose of protecting important coastal features and uses and minimizing risks.
  • Reduce state investment in highest-risk flood areas: Residential construction in the highest-risk floodplain areas increases disaster response and recovery burdens, increases displacement, and creates an outsized risk to residents and responders. So too does the development of public infrastructure that serves these structures. Governor Lamont is proposing to prohibit state investments in new or substantial renovation of residential development in these highest-risk flood areas.
  • Enhances and coordinates existing planning mechanisms: Municipalities, Councils of Governments, and the state prepare plans for land use, hazard mitigation, transportation, and evacuation. These plans are required to receive state or federal funding. Governor Lamont is proposing that climate risks become incorporated in each of these plans, at appropriate scale and analysis, to improve capital planning, land use strategies, and funding applications. He also is proposing increased sharing of mapping to improve local to state coordination.
  • Modify and create local funding streams: Replacing infrastructure on a predictable and reliable basis requires a predictable and reliable funding mechanism. Municipalities currently use the municipal reserve fund and town aid road to support local capital improvements. Governor Lamont is proposing to clarify that these funds can be used to incorporate resiliency considerations. He is also proposing a new twist on the tax incremental financing mechanism for the purposes of resiliency – Resiliency Improvement Districts. Where the local capital funds focus on singular infrastructure, Resiliency Improvement Districts address community-scale vulnerabilities and support local economic development.
  • Enabling a regional Transfer of Development Rights (TDR) program: TDR programs are a regulatory technique for willing participants that protects property values while reducing development in risky areas. By creating a TDR program, municipalities can incentivize development toward less-sensitive areas at their choosing. Existing statute is limited to direct transactions that can limit a program’s efficacy. Governor Lamont is proposing the expansion of a TDR program so that municipalities can work together on their development and conservation goals while reducing their vulnerabilities and preserving the local grand list.
  • Requiring geolocation of culverts and bridges: Many floods result from outdated and undersized stormwater systems that were installed decades ago, such as what occurred during the August 18, 2024, flash floods. When floods wash them out, it’s dangerous for emergency response and expensive to replace, and because of their age, little information exists to aid in prioritization. Governor Lamont is proposing to require municipalities to geolocate culverts and bridges and share this data with councils of governments and appropriate state agencies.

Governor Lamont is scheduled to deliver his annual budget address to a joint session of the General Assembly on Wednesday, February 5, 2025. Documents containing the full details of his biennial budget proposal and other legislative proposals, including this bill on resiliency, will be filed on that date.

 

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