2022 Connecticut Legislative Session Update

LEGISLATIVE UPDATE - MAY 6, 2022

The regular 2022 legislative session adjourned "sine die" at midnight on Wednesday.

BUDGET ADJUSTMENTS ADOPTED: Emergency Certified HB 5506 - An Act Adjusting the State Budget for the Biennium Ending June 30, 2023, Concerning Provisions Related to Revenue, School Construction and Other Items to Implement the State Budget and Authorizing and Adjusting Bonds of the State received final approval from the general assembly. The $24 billion mid-term budget adjustments include $600 million in tax cuts comprised of: (1) a child tax credit of $250 per child for up to 3 children in households with individuals earning up to $100,000 or couples earning up to $200,000. Families who qualify for the credit based on 2021 earnings will receive a payment this summer/fall; (2) a property tax credit of $300 has been extended to all property owners, including those without children or seniors who lost the tax credit four years ago; (3) a reduction in the mill rate assessed on motor vehicles (from the state cap of 45 to 32.46 mills) will provide tax relief to 75 municipalities; (4); an additional $42 million in savings will be realized for households earning less than $58,000 by increasing the Earned Income Tax Credit from 30% to 41.5%; (5) elimination of taxes paid on pension plans yielding an additional $40 million in tax relief to retired persons; and (6) an extension of the 25-cent gas tax holiday through December 1, 2022. The budget will support salary increases/bonuses for state employees as a result of the recently approved agreement between the State of Connecticut and SEBAC in the amount of $1.9 billion (over four years). It will also provide $223 million in funding toward children's mental health services (in the form of additional childcare workers and social service resources); provide $30 million in "hero pay" for essential workers (private sector employees) who worked throughout the pandemic; and pay $40 million toward the state's Unemployment Insurance Trust Fund. The Governor is expected to sign off on the package in the coming days.

CHILDREN'S MENTAL HEALTH BILLS RECEIVE FINAL APPROVAL: The Senate passed HB 5001 - An Act Concerning Children's Mental Health, in concurrence with the House. The bi-partisan bill addresses the state's health care system to prioritize children's mental health by: (1) eliminating the requirement for prior authorization for in-patient treatment; (2) expanding Access Mental Health to allow for follow-up telehealth visits under certain circumstances; (3) providing for a grant program to staff school districts with mental health professionals/licensed counselors; (4) enabling long term recruitment/retention of mental health care providers by changing certain licensing requirements; and (5) providing for an intensive outpatient program in Waterbury that can accommodate 144 children annually. SB 2 - An Act Expanding Preschool and Mental and Behavioral Services for Children, was also passed in the House and is complimentary to this bill.

The House passed SB 1 - An Act Concerning Childhood Mental and Physical Health Services in Schools in concurrence with the Senate. The bi-partisan bill will: (1) provide grant programs to school districts enabling them to hire additional social workers, psychologists and counselors; (2) provide opioid antagonists to school districts along with the appropriate training to school faculty to administer it; (3) increase minority teacher recruitment; (4) provide mental health resources for student athletes; and (5) maintain and expand the early childhood educator/child care services workforce in the state by increasing their salaries through a grant program.

All three pieces of legislation have been transmitted to the Governor for his signature.

FINAL PASSAGE OF JUVENILE JUSTICE REFORM LEGISLATION: House Bill 5417 - An Act Concerning Juvenile Justice and Services, Firearms Background Checks, and Larceny of a Motor Vehicle received its final approval by the Senate on Wednesday. The heavily negotiated bill: (1) extends the period a juvenile can be held from 6 to 8 hours to allowing for additional time to process a detention order; (2) speeds up the arraignment times for youth offenders; (3) provides judges the discretion to use GPS monitoring versus incarcerations for repeat youth offenders (GPS monitoring is not mandatory and is not authorized for first time offenders); (4) eliminates the value of a car as a factor when charging a youth offender with car theft; and (5) sets up a new penalty structure for larceny of a motor vehicle. The bill will advance to the Governor for signature.

CAPTIVE AUDIENCE RECEIVES FINAL APPROVAL: The House, in a vote of 88 to 56, gave final approval of SB 163 - An Act Protecting Employee Freedom of Speech and Conscience. Commonly referred to as the "captive audience" bill, the bill generally prohibits employers, including the state and its political subdivisions, from disciplining or discharging (i.e., penalizing) an employee or threatening to do so because the employee refused to attend employer-sponsored meetings, listen to speech, or view communications primarily intended to convey the employer's opinion about religious or political matters. Under the bill, "political matters" relate to (1) elections for political office, (2) political parties, (3) proposals to change legislation or regulation, and (4) decisions to join or support a political party or political, civic, community, fraternal, or labor organization. "Religious matters" relate to (1) religious affiliation and practice and (2) decisions to join or support a religious organization or association.

The bill makes certain exceptions to both its prohibition on penalizing employees for refusing to attend captive audience meetings and current law's prohibition on penalizing employees for exercising their constitutional rights. Among other things, these exceptions allow employers to communicate information required by law or that the employees need to perform their jobs. It also exempts certain religious organizations' speech on religious matters made to their own employees. With the support of both chambers, the bill has been transmitted to the Governor's office for signature.

ENERGY BILLS RECEIVE FINAL ACTION: A number of energy bills received final action in the waning week of session - bills that dealt with energy storage systems (HB5327) - building off of previously passed legislation that allowed electric distribution companies to build and own storage projects. HB 5327 requires PURA to direct each EDC to submit up to three proposals by January 1, 2023, for a pilot program for each company to build, own, and operate energy storage systems to demonstrate and investigate how these systems can improve critical infrastructure resiliency and electric distribution system reliability.

HB5200 - An Act Establishing a Task Force to Study Hydrogen Power - also passed both Chambers. The bill establishes a task force to study hydrogen-fueled energy in the state and submit a report, with recommendations, to the Energy and Technology Committee not later than January 15, 2023.

SB278 - An Act Concerning Fees Paid to Companies or Organizations Responsible for Community Access - also passed both Chambers on the last night. Another study bill, this bill directs PURA to conduct a study on the operations and funding of community access organizations and submit a report to the Energy and Technology Committee not later than December 15, 2023.

DEPARTMENT OF PUBLIC HEALTH RECOMMENDATIONS TO PUBLIC HEALTH STATUTES: Both chambers passed HB 5500 - An Act Concerning the Department of Public Health's Recommendations Regarding Various to the Public Health Statutes. At the request of the Department of Public Health ("DPH"), and in an effort for passage this legislative session, HB 5500 incorporates a number of concepts introduced over the past few months. Termed an "aircraft carrier" bill due to its size, the 78-section piece of legislation will, among other things: (1) allow medical assistants to administer vaccines under the supervision of a physician, physician's assistant or APRN; (2) require hospitals/outpatient surgical facilities to minimize exposure to surgical smoke by establishing a surgical smoke evacuation system; and (3) requires health care facilities to have a staffing plan included as part of their strike contingency plan.

CLEAN AIR LEGISLATION HEADS TO GOVERNOR'S DESK: In a vote of 95 to 52, the House passed SB 4 - An Act Concerning the Connecticut Clean Air Act. Previously passed by the Senate, the bill looks to reduce carbon emissions by: (1) transitioning the state's fleet of motor vehicles (cars or light duty trucks) to electric power with half the fleet making the transition by January 1 2026, 75% by January 1, 2028 and fully electric by January 1, 2030; (2) transitioning mass transit and school bus fleets from diesel fuel to electric; (3) giving a tenant the right to install an electric vehicle charging station without landlord interference (installation of the charging station will be at the tenant's sole cost and with the appropriate insurance coverages in place); (4) providing a $500 tax rebate for the purchase on an e-bike; (5) expanding the Connecticut Hydrogen and Electric Automobile Purchase Rebate ("CHEAPR") program through December 31, 2022. The program provides a rebate on the purchase/lease of an eligible vehicle ranging from $2,250 (for a plug-in hybrid electric vehicle) up to $9,500 (for a fuel cell electric vehicle); and (6) adopting California emissions standards for medium and heavy-duty trucks within the state by requiring manufacturers to provide 30% of zero emission vehicles for sale to Connecticut by 2030. Governor Lamont is expected to sign the bill into law.

LEGISLATURE APPROVES PROTECTION OF REPRODUCTIVE HEALTH SERVICES: After a lengthy debate, the Senate passed HB 5414 - An Act Concerning the Provision of Protections for Persons Receiving and Providing Reproductive Health Care Services in the State and Access to Reproductive Health Care Services in the State. With a vote of 25 to 9, the bill will permit a certified APRN and a physician's assistant (under the supervision of a physician) the ability to perform an abortion, thereby improving access to providers and reducing patient wait times. As many states are further restricting their abortion laws and with the recent reporting that the U.S. Supreme Court has voted, in a draft majority opinion, to overturn Roe v. Wade, the bill will also protect both patients and physicians from legal damages imposed by other anti-abortion states should said patient/physician come to Connecticut for such a procedure. The legislation was approved in the House last week and has been sent to the Governor for his signature.

Click to view the full alert.