Public Act 25-73 § 6, effective October 1, 2026, and codified as General Statues § 8-1e states (emphasis added):
“Notwithstanding the provisions of any special act, municipal charter or home rule ordinance, any person who submits an environmental, health, traffic or economic impact study or evaluation in connection with a land use application pending approval by the legislative body, zoning commission, planning commission, planning and zoning commission, inland wetlands agency or zoning board of appeals of a municipality shall include in such submission a statement disclosing (1) the author or authors of such study or evaluation, (2) all costs associated with the completion of such study or evaluation and the name of the person or entity that paid such costs, and (3) any conflict of interest that may impact the ability of such author or authors to provide unbiased data or conclusions in such study or evaluation. In rendering a decision on any such application, such legislative body, commission, agency or board shall consider whether the (A) information disclosed in any such statement, or (B) failure to include such statement impacts the reliability of such study or evaluation.”
Who must submit a statement?
The law requires “any person” who submits a report “in connection with a land use application” to submit a statement containing the above information. Four categories of reports require a supporting statement: environmental, health, traffic, and economic impact reports. Application materials such as soil scientist reports, traffic impact studies, and stormwater reports clearly fall under the new statute. It is not clear whether the law covers other common application components such as architectural floor plans and elevations that present a development’s design and aesthetic qualities rather than evaluating its environmental, health, traffic, or economic impact.
What must be reported?
The statement must identify the author of the report; list costs associated with the report and who is paying them; and detail any of the author’s conflicts of interest that may impact his/her ability to deliver an objective report. While the law does not expressly state that failure to file a statement is grounds for denying an application, agencies may consider the failure to submit a statement in assessing the reliability of the report.
Does the statute apply to applications filed prior to October 1, 2026?
No. In Connecticut, there is a general presumption that laws imposing new obligations only apply prospectively, after they become effective, not retroactively.
When does an applicant need to file the statement?
The language of the statute indicates that the statement should be filed at the same time the report is submitted to the commission. There is a question, however, whether the filing of a statement after the report’s submission, but before the public hearing closes, would satisfy the statute.
Can the author decline to file a statement because the cost is proprietary or confidential?
Connecticut courts have recognized pricing information as a trade secret. A consultant may argue its pricing—such as a substantial discount—is confidential. Also, disclosures could cause competitors to use the information to undercut the consultant’s prices. As a result, it may be possible to provide a range of the costs. A range or minimum cost disclosure may arguably strike a balance between the statute and trade secret law. On the other hand, withholding the cost entirely could invite the agency to question the report’s reliability.
What qualifies as a “conflict of interest”?
Anything that may “impact the ability of such author…to provide unbiased data or conclusions in such study or evaluation.” No court has yet addressed what constitutes a conflict of interest for an applicant’s report author, but the conflicts recognized for land use agency members focus on a family relationship with the applicant, ownership of property near the applicant’s property, and/or a financial interest in the applicant’s business.
