Planning and Development Committee
JOINT FAVORABLE REPORT
Bill No.: SB-700
AN ACT CONCERNING THE DISCLOSURE OF DAMS AND SIMILAR
Title: STRUCTURES BY SELLERS OF REAL PROPERTY.
Vote Date: 3/2/2021
Vote Action: Joint Favorable
PH Date: 2/3/2021
File No.: 76
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Rep. Kenneth M Gucker, 138th Dist.
Rep. David Michel, 146th Dist.
REASONS FOR BILL:
SB-700 seeks to require sellers to disclose dams or similar structures on real property.
According to testimony, new buyers of property are often unaware dams exist on their land,
are unaware of the associated costs and liabilities, or mistakenly believe the dams are state
property. According to the Nature Conservancy, there are well over 4,000 dams in
Connecticut, and about 300 are owned by the state. All dams must be registered with the
DEEP and assigned a hazard rating (AA being the lowest risk, up to A, BB, B and C, the
highest). Based on hazard rating, the DEEP requires dams be inspected every 2-10 years.
The DEEP classifies Failure of a Class C High Hazard dam as resulting in probable loss of
life, major damage to habitable structures, damage to infrastructure and great economic loss.
Emergency Action Plan (EAP) from professional engineers must be filed with the DEEP for
class B and C dams, and cost $15,000 on average. Once filed, EAPs must be updated every
2 years.
RESPONSE FROM ADMINISTRATION/AGENCY:
In Support: Commissioner Katie S. Dykes of CT Dep of Energy & Environmental
Protection: Explained that all dams must be registered with DEEP, assigned a hazard rating,
and periodically inspected based on rating. Properly maintaining a dam is an owner's
obligation to the public, and owners must be made aware of this before purchasing.
NATURE AND SOURCES OF SUPPORT:
Connecticut Chapter of the American Planning Association: Expressed support,
claiming, 'Dam ownership is a significant regulatory and financial responsibility that any buyer
of property absolutely has a right to be aware of and prepared for before closing on the sale.'
Connecticut Realtors: Expressed support, claiming the bill would ensure disclosure of dams
is included in Residential Property Condition Report.
Nathan Frohling, Director of External Affairs at The Nature Conservancy: Expressed
support that buyers are often unaware of costs associate with maintaining dams and that not
all dams are owned by the state. Supports the bill for requiring that dams be included in Real
Estate Disclosure Forms when properties are sold.
Sen. Cathy Osten, 19th District: Expressed support that buyers are often ill-informed as to
the responsibility associated with properties including dams.
Rivers Alliance: Expressed support, with a testimony that read in whole: Rivers Alliance
strongly supports the inclusion of dam disclosure in residential disclosure reports in
Connecticut and specifically support the language drafted jointly by CFE/Save the Sound,The
Nature Conservancy, and the Connecticut Association of Realtors. Connecticut has more
than 4,000 dams squeezed into 5,543 square miles. When considering the purchase of a
property, buyers have the right to know if one of these dams is on the property.
NATURE AND SOURCES OF OPPOSITION:
No opposition to SB-700
Reported by: Colin Savino Date: 3/10/2021
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