Bill Text: CT SB00090 | 2012 | General Assembly | Introduced

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Bill Title: An Act Establishing A Loan Program For The Removal Of Hazardous Trees From Private Property.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2012-02-24 - Public Hearing 03/02 [SB00090 Detail]

Download: Connecticut-2012-SB00090-Introduced.html

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General Assembly		Raised Bill No. 90
February Session, 2012		LCO No. 742
		*00742_______ENV*
Referred to Committee on Environment
Introduced by:
(ENV)

AN ACT ESTABLISHING A LOAN PROGRAM FOR THE REMOVAL OF HAZARDOUS TREES FROM PRIVATE PROPERTY.

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

Section 1. (NEW) (Effective January 1, 2013) (a) Each insurer delivering or issuing for delivery in this state a homeowners insurance policy or a commercial general liability insurance policy shall establish a program to provide loans to policyholders of such policies for the removal of hazardous trees from residential and commercial property located in the state and insured by such insurer.

(b) (1) Any such policyholder may request the town tree warden, borough tree warden, city forester or city officer with similar duties of the municipality in which such residential or commercial property is located to inspect a tree on such property that may pose a present or potential hazard to (A) a street, highway or other public right-of-way, (B) poles, wires, conduits or other fixtures of a public service company, as defined in section 16-1 of the general statutes, or (C) a house or building insured under the policyholder's homeowners insurance policy or commercial general liability insurance policy. The warden, forester or official shall schedule an inspection not later than sixty calendar days after such request.

(2) A town tree warden, borough tree warden, city forester or city officer with similar duties may inspect a tree on such commercial or residential property without a request from a policyholder if such tree may pose a present or potential hazard, provided such warden, forester or officer obtains written consent from the policyholder or the policyholder's authorized representative prior to such inspection. The warden, forester or officer shall perform such inspection not later than thirty calendar days after obtaining such consent.

(3) Not later than ten business days after performing an inspection, the warden, forester or officer shall send to the policyholder or the policyholder's authorized representative, by first-class mail or electronic mail, a letter that certifies whether, in such warden's forester's or officer's opinion, the tree inspected poses a present or potential hazard, as determined pursuant to regulations adopted under subsection (e) of this section and the specific findings relied upon to reach such opinion. Such findings may include, but are not limited to, (A) the tree is determined to be of an age and general condition that is highly likely to sustain major damage from a storm or prolonged drought, (B) the tree shows evidence of disease or damage from a previous storm that heightens its risk of further damage, (C) the tree is of a species and size that is known to be at risk from disease, drought or similar factors that may weaken it in ways that are not evident, or (D) the tree's size, location on rock ledge and shallow root structure increase its probability of sustaining major damage from a storm or prolonged drought.

(c) (1) If the town tree warden, borough tree warden, city forester or city officer with similar duties finds that the tree inspected poses a present or potential hazard, upon submission of the letter set forth in subdivision (3) of subsection (b) of this section by the policyholder to the policyholder's insurer, the insurer shall send to the policyholder, not later than five business days after receiving such submission, by first-class mail or electronic mail, a loan application in a form prescribed by the Insurance Commissioner. Such application shall include, but not be limited to: (A) The offer to a policyholder to choose a licensed contractor, to be paid by the insurer, to remove the tree, provided the policyholder submits to the insurer a quote for the tree removal from such contractor. If the policyholder does not choose a contractor to remove the tree, the insurer shall choose a contractor; and (B) the date, to be not less than ten business days after the policyholder receives the application, by which the policyholder must return the application and any additional information required under this subdivision to the insurer.

(2) Not later than five business days after the insurer receives the completed application from the policyholder and any additional information required under subdivision (1) of this subsection, the insurer shall send to the policyholder a loan agreement, in a form prescribed by the Insurance Commissioner, that specifies the conditions of the loan, including, but not limited to, the interest rate of and any supplemental charges for such loan to be assessed against the policyholder, the repayment terms of such loan, any penalties to be imposed on the policyholder for late payment or nonpayment and the date, to be not less than ten business days after the policyholder receives the agreement, by which the signed agreement must be returned to the insurer.

(d) (1) If the policyholder fails to pay the insurer in accordance with the provisions of the loan agreement, the insurer may bring a civil action in the Superior Court to recover any outstanding loan payment, interest, attorneys' fees and reasonable costs, provided at least ten business days' advance notice is given to such policyholder, who may avoid the bringing of such action by remitting in full to the insurer any outstanding loan payment.

(2) In addition to, or in lieu of, the provisions of subdivision (1) of this subsection, the Insurance Commissioner may impose a civil penalty of not more than three thousand dollars on a policyholder that fails to pay the insurer in accordance with the provisions of the loan agreement, provided at least ten business days' advance notice is given to such policyholder, who may avoid the imposition of such penalty by remitting in full to the insurer any outstanding loan payment.

(e) Not later than January 1, 2013, the Commissioner of Energy and Environmental Protection and the Insurance Commissioner, acting jointly, shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section. Such regulations shall include, but not be limited to, (1) criteria to determine that a tree poses a present hazard or a potential hazard, (2) the interest rate, supplemental charges, repayment options and time periods an insurer may use for a loan, and (3) the form of the loan application and loan agreement under subsection (c) of this section.

Sec. 2. Section 23-59 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):

(a) The town or borough tree warden shall have the care and control of all trees and shrubs in whole or in part within the limits of any public road or grounds and within the limits of his town or borough, except those along state highways under the control of the Commissioner of Transportation and except those in public parks or grounds which are under the jurisdiction of park commissioners, and of these the tree warden shall take the care and control if so requested in writing by the park commissioners. Such care and control shall extend to such limbs, roots or parts of trees and shrubs as extend or overhang the limits of any such public road or grounds. The tree warden shall expend all funds appropriated for the setting out, care and maintenance of such trees and shrubs. The tree warden shall enforce all provisions of law for the preservation of such trees and shrubs and of roadside beauty. The tree warden shall remove or cause to be removed all illegally erected signs or advertisements, placed upon poles, trees or other objects within any public road or place under the tree warden's jurisdiction. The tree warden may prescribe such regulations for the care and preservation of such trees and shrubs as the tree warden deems expedient and may provide therein for a reasonable fine for the violation of such regulations; and such regulations, when approved by the selectmen or borough warden and posted on a public signpost in the town or borough, if any, or at some other exterior place near the office of the town or borough clerk, shall have the force and effect of town or borough ordinances. Whenever, in the opinion of the tree warden, the public safety demands the removal or pruning of any tree or shrub under the tree warden's control, the tree warden may cause such tree or shrub to be removed or pruned at the expense of the town or borough and the selectmen or borough warden shall order paid to the person performing such work such reasonable compensation therefor as may be determined and approved in writing by the tree warden. Unless the condition of such tree or shrub constitutes an immediate public hazard, the tree warden shall, at least ten days before such removal or pruning, post thereon a suitable notice stating the tree warden's intention to remove or prune such tree or shrub. If any person, firm or corporation objects to such removal or pruning, such person, firm or corporation may appeal to the tree warden in writing, who shall hold a public hearing at some suitable time and place after giving reasonable notice of such hearing to all persons known to be interested therein and posting a notice thereof on such tree or shrub. Within three days after such hearing, the tree warden shall render a decision granting or denying the application, and the party aggrieved by such decision may, within ten days, appeal therefrom to the superior court for the judicial district within which such town or borough is located. The tree warden may, with the approval of the selectmen or borough warden, remove any trees or other plants within the limits of public highways or grounds under the tree warden's jurisdiction that are particularly obnoxious as hosts of insect or fungus pests.

(b) The town or borough tree warden, city forester and city officer with similar duties shall inspect a tree on a residential or commercial property in accordance with the provisions of section 1 of this act.

This act shall take effect as follows and shall amend the following sections:
Section 1	January 1, 2013	New section
Sec. 2	January 1, 2013	23-59

Statement of Purpose:

To require insurers that deliver or issue for delivery in this state a homeowners insurance policy or a commercial general liability insurance policy to establish a program to provide loans to policyholders for proactive tree removal on residential or commercial property, and to require town tree wardens, borough tree wardens, city foresters or city officers with similar duties to inspect trees on residential or commercial property that pose a present or potential hazard.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]