Connecticut 2023 Regular Session

Connecticut Senate Bill SB01042 Compare Versions

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	7	+	General Assembly Substitute Bill No. 1042
	8	+	January Session, 2023
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4		-	Substitute Senate Bill No. 1042
5		-
6		-	Public Act No. 23-57
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8	13
9	14		AN ACT AUTHORIZING THE DEPARTMENT OF ECONOMIC AND
10	15		COMMUNITY DEVELOPMENT TO PROVIDE CAPACITY BUILDING
11	16		GRANTS TO CONNECTICUT BROWNFIELD LAND BANKS.
12	17		Be it enacted by the Senate and House of Representatives in General
13	18		Assembly convened:
14	19
15		-	Section 1. Section 32-763 of the general statutes is repealed and the
16		-	following is substituted in lieu thereof (Effective October 1, 2023):
17		-	(a) There is established a remedial action and redevelopment
18		-	municipal grant program to be administered by the Department of
19		-	Economic and Community Development for the purpose of providing
20		-	grants pursuant to subsections (b) and (c) of this section.
21		-	(b) (1) Grants may be provided to municipalities, Connecticut
22		-	brownfield land banks and economic development agencies for the
23		-	eligible costs of brownfield remediation projects, brownfield assessment
24		-	projects and reasonable administrative expenses not to exceed five per
25		-	cent of any grant awarded. A grant awarded under this [section]
26		-	subsection shall not exceed four million dollars.
27		-	[(b)] (2) A grant applicant shall submit an application for a grant
28		-	under this subsection to the Commissioner of Economic and
29		-	Community Development on forms provided by the commissioner and
30		-	with such information the commissioner deems necessary, including, Substitute Senate Bill No. 1042
	20	+	Section 1. Section 32-763 of the general statutes is repealed and the 1
	21	+	following is substituted in lieu thereof (Effective October 1, 2023): 2
	22	+	(a) There is established a remedial action and redevelopment 3
	23	+	municipal grant program to be administered by the Department of 4
	24	+	Economic and Community Development for the purpose of providing 5
	25	+	grants pursuant to subsections (b) and (c) of this section. 6
	26	+	(b) (1) Grants may be provided to municipalities, Connecticut 7
	27	+	brownfield land banks and economic development agencies for the 8
	28	+	eligible costs of brownfield remediation projects, brownfield 9
	29	+	assessment projects and reasonable administrative expenses not to 10
	30	+	exceed five per cent of any grant awarded. A grant awarded under this 11
	31	+	[section] subsection shall not exceed four million dollars. 12
	32	+	[(b)] (2) A grant applicant shall submit an application for a grant 13
	33	+	under this subsection to the Commissioner of Economic and 14
	34	+	Community Development on forms provided by the commissioner 15
	35	+	and with such information the commissioner deems necessary, 16
	36	+	including, but not limited to: [(1)] (A) A description of the proposed 17 Substitute Bill No. 1042
31	37
32		-	Public Act No. 23-57 2 of 9
33	38
34		-	but not limited to: [(1)] (A) A description of the proposed project; [(2)]
35		-	(B) an explanation of the expected benefits of the project in relation to
36		-	the purposes of this section; [(3)] (C) information concerning the
37		-	financial and technical capacity of the applicant to undertake the
38		-	proposed project; [(4)] (D) a project budget; and [(5)] (E) with respect to
39		-	a brownfield remediation project, a description of the condition of the
40		-	brownfield, including the results of any environmental assessment of
41		-	the brownfield in the possession of or available to the applicant.
42		-	[(c)] (3) The commissioner may approve, reject or modify any
43		-	application properly submitted in accordance with the provisions of this
44		-	[section] subsection. The commissioner may not reject an application
45		-	solely because a municipality has submitted more than one application
46		-	in response to a request for applications. In reviewing an application
47		-	and determining the amount of the grant, if any, to be provided, the
48		-	commissioner shall consider the following criteria: [(1)] (A) The
49		-	availability of funds; [(2)] (B) the estimated costs of assessing and
50		-	remediating the brownfield, if known; [(3)] (C) the relative economic
51		-	condition of the municipality in which the brownfield is located; [(4)]
52		-	(D) the relative need of the project for financial assistance; [(5)] (E) the
53		-	degree to which a grant under this [section] subsection is necessary to
54		-	induce the applicant to undertake the project; [(6)] (F) the public health
55		-	and environmental benefits of the project; [(7)] (G) the relative benefits
56		-	of the project to the municipality, the region and the state, including, but
57		-	not limited to, the extent to which the project will likely result in a
58		-	contribution to the municipality's tax base, the retention and creation of
59		-	jobs and the reduction of blight; [(8)] (H) the time frame in which the
60		-	contamination occurred; [(9)] (I) the relationship of the applicant to the
61		-	person or entity that caused the contamination; [(10)] (J) the length of
62		-	time the brownfield has been abandoned; [(11)] (K) the taxes owed and
63		-	the projected revenues that may be restored to the community; [(12)] (L)
64		-	the relative need for assessment of the brownfield within the
65		-	municipality or region; [(13)] (M) whether the brownfield is located in a Substitute Senate Bill No. 1042
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67		-	Public Act No. 23-57 3 of 9
	43	+	project; [(2)] (B) an explanation of the expected benefits of the project 18
	44	+	in relation to the purposes of this section; [(3)] (C) information 19
	45	+	concerning the financial and technical capacity of the applicant to 20
	46	+	undertake the proposed project; [(4)] (D) a project budget; and [(5)] (E) 21
	47	+	with respect to a brownfield remediation project, a description of the 22
	48	+	condition of the brownfield, including the results of any environmental 23
	49	+	assessment of the brownfield in the possession of or available to the 24
	50	+	applicant. 25
	51	+	[(c)] (3) The commissioner may approve, reject or modify any 26
	52	+	application properly submitted in accordance with the provisions of 27
	53	+	this [section] subsection. The commissioner may not reject an 28
	54	+	application solely because a municipality has submitted more than one 29
	55	+	application in response to a request for applications. In reviewing an 30
	56	+	application and determining the amount of the grant, if any, to be 31
	57	+	provided, the commissioner shall consider the following criteria: [(1)] 32
	58	+	(A) The availability of funds; [(2)] (B) the estimated costs of assessing 33
	59	+	and remediating the brownfield, if known; [(3)] (C) the relative 34
	60	+	economic condition of the municipality in which the brownfield is 35
	61	+	located; [(4)] (D) the relative need of the project for financial assistance; 36
	62	+	[(5)] (E) the degree to which a grant under this [section] subsection is 37
	63	+	necessary to induce the applicant to undertake the project; [(6)] (F) the 38
	64	+	public health and environmental benefits of the project; [(7)] (G) the 39
	65	+	relative benefits of the project to the municipality, the region and the 40
	66	+	state, including, but not limited to, the extent to which the project will 41
	67	+	likely result in a contribution to the municipality's tax base, the 42
	68	+	retention and creation of jobs and the reduction of blight; [(8)] (H) the 43
	69	+	time frame in which the contamination occurred; [(9)] (I) the 44
	70	+	relationship of the applicant to the person or entity that caused the 45
	71	+	contamination; [(10)] (J) the length of time the brownfield has been 46
	72	+	abandoned; [(11)] (K) the taxes owed and the projected revenues that 47
	73	+	may be restored to the community; [(12)] (L) the relative need for 48
	74	+	assessment of the brownfield within the municipality or region; [(13)] 49
	75	+	(M) whether the brownfield is located in a federally designated 50
	76	+	opportunity zone; and [(14)] (N) such other criteria as the 51 Substitute Bill No. 1042
68	77
69		-	federally designated opportunity zone; and [(14)] (N) such other criteria
70		-	as the commissioner may establish consistent with the purposes of this
71		-	[section] subsection.
72		-	[(d)] (4) The commissioner shall award grants under this subsection
73		-	on a competitive basis, based on a request for applications occurring at
74		-	least twice annually. The commissioner may increase the frequency of
75		-	requests for applications and awards depending upon the number of
76		-	applicants and the availability of funding. A municipality may submit
77		-	more than one application in response to a request for applications. On
78		-	and after July 1, 2019, the commissioner shall give priority to grant
79		-	applications for brownfields located in federally designated
80		-	opportunity zones.
81		-	[(e)] (5) If a grant recipient under this subsection is not subject to
82		-	section 22a-134a, such recipient shall enter a program for remediation of
83		-	the property pursuant to either section 22a-133x, 22a-133y, 32-768 or 32-
84		-	769, as determined by the commissioner, except no such recipient shall
85		-	be required to enter such a program if the grant funds are used [(1)] (A)
86		-	for the abatement of hazardous building materials and such recipient
87		-	demonstrates to the satisfaction of the Commissioners of Economic and
88		-	Community Development and Energy and Environmental Protection
89		-	that such hazardous building materials represent the sole or sole
90		-	remaining environmental contamination on the property, [(2)] (B) solely
91		-	for assessment of the brownfield, or [(3)] (C) as provided in subdivision
92		-	(7) of this subsection. [(g) of this section.]
93		-	[(f)] (6) The commissioner, in consultation with the Commissioner of
94		-	Energy and Environmental Protection and following the award of a
95		-	grant under this subsection to a municipality, Connecticut brownfield
96		-	land bank or economic development agency pursuant to [subsections (c)
97		-	and (d) of this section] subdivisions (3) and (4) of this subsection, may
98		-	award an additional grant to such municipality, Connecticut brownfield
99		-	land bank or economic development agency to enable the completion of Substitute Senate Bill No. 1042
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103		-	a brownfield remediation or assessment project, provided such project
104		-	is identified as a priority by said commissioners and such additional
105		-	grant funds [(1)] (A) will be used to address unexpected cost overruns
106		-	or costs related to remedial activities that will provide a greater
107		-	environmental benefit than originally proposed pursuant to subdivision
108		-	(2) of this subsection, [(b) of this section, (2)] (B) do not exceed fifty per
109		-	cent of the original grant, and [(3)] (C) will not result in more than four
110		-	million dollars in total grants being awarded for a single brownfield
111		-	remediation or assessment project.
112		-	[(g)] (7) The commissioner may award grants under this subsection
113		-	to any municipality, Connecticut brownfield land bank, economic
114		-	development agency or regional council of governments organized
115		-	under sections 4-124i to 4-124p, inclusive, for the eligible costs of
116		-	developing a comprehensive plan for the remediation and
117		-	redevelopment of multiple brownfields whenever such plan is
118		-	consistent with the state plan of conservation and development,
119		-	adopted pursuant to chapter 297, and the plan of conservation and
120		-	development, adopted pursuant to section 8-23, for each municipality
121		-	in which such brownfields are located. For purposes of this subsection,
122		-	"eligible costs" shall also include expenditures associated with the
123		-	development of any such plan for remediation and redevelopment.
124		-	(c) (1) The commissioner may award capacity building grants for
125		-	operational expenses to any Connecticut brownfield land bank,
126		-	provided such land bank (A) matches any state funds awarded pursuant
127		-	to this subsection, and (B) has not previously been awarded a capacity
128		-	building grant under this subsection. A grant awarded under this
129		-	subsection shall not exceed fifty thousand dollars.
130		-	(2) Any Connecticut brownfield land bank may apply to the
131		-	Commissioner of Economic and Community Development, in the form
132		-	and manner prescribed by the commissioner, for a capacity building
133		-	grant in an amount indicated by the Connecticut brownfield land bank. Substitute Senate Bill No. 1042
	83	+	commissioner may establish consistent with the purposes of this 52
	84	+	[section] subsection. 53
	85	+	[(d)] (4) The commissioner shall award grants under this subsection 54
	86	+	on a competitive basis, based on a request for applications occurring at 55
	87	+	least twice annually. The commissioner may increase the frequency of 56
	88	+	requests for applications and awards depending upon the number of 57
	89	+	applicants and the availability of funding. A municipality may submit 58
	90	+	more than one application in response to a request for applications. On 59
	91	+	and after July 1, 2019, the commissioner shall give priority to grant 60
	92	+	applications for brownfields located in federally designated 61
	93	+	opportunity zones. 62
	94	+	[(e)] (5) If a grant recipient under this subsection is not subject to 63
	95	+	section 22a-134a, such recipient shall enter a program for remediation 64
	96	+	of the property pursuant to either section 22a-133x, 22a-133y, 32-768 or 65
	97	+	32-769, as determined by the commissioner, except no such recipient 66
	98	+	shall be required to enter such a program if the grant funds are used 67
	99	+	[(1)] (A) for the abatement of hazardous building materials and such 68
	100	+	recipient demonstrates to the satisfaction of the Commissioners of 69
	101	+	Economic and Community Development and Energy and 70
	102	+	Environmental Protection that such hazardous building materials 71
	103	+	represent the sole or sole remaining environmental contamination on 72
	104	+	the property, [(2)] (B) solely for assessment of the brownfield, or [(3)] 73
	105	+	(C) as provided in subdivision (7) of this subsection. [(g) of this 74
	106	+	section.] 75
	107	+	[(f)] (6) The commissioner, in consultation with the Commissioner of 76
	108	+	Energy and Environmental Protection and following the award of a 77
	109	+	grant under this subsection to a municipality, Connecticut brownfield 78
	110	+	land bank or economic development agency pursuant to [subsections 79
	111	+	(c) and (d) of this section] subdivisions (3) and (4) of this subsection, 80
	112	+	may award an additional grant to such municipality, Connecticut 81
	113	+	brownfield land bank or economic development agency to enable the 82
	114	+	completion of a brownfield remediation or assessment project, 83
	115	+	provided such project is identified as a priority by said commissioners 84 Substitute Bill No. 1042
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137		-	The Connecticut brownfield land bank shall include such information
138		-	the commissioner deems necessary to determine whether to award such
139		-	capacity building grant, in whole or in part, and to verify that such land
140		-	bank has sufficient funds to match such amount and has not previously
141		-	been awarded a capacity building grant under this subsection.
142		-	[(h)] (d) The provisions of sections 32-5a and 32-701 shall not apply
143		-	to grants provided pursuant to this section.
144		-	Sec. 2. Subsections (b) to (d), inclusive, of section 32-762 of the general
145		-	statutes are repealed and the following is substituted in lieu thereof
146		-	(Effective October 1, 2023):
147		-	(b) All moneys received in consideration of financial assistance,
148		-	including payments of principal and interest on any loans made
149		-	pursuant to section 32-765, shall be credited to the account and shall
150		-	become part of the assets of the account. At the discretion of the
151		-	Commissioner of Economic and Community Development and subject
152		-	to the approval of the Secretary of the Office of Policy and Management,
153		-	any federal, private or other moneys received by the state in connection
154		-	with projects undertaken pursuant to subsection (b) of section 32-763, as
155		-	amended by this act, or section 32-765 shall be credited to the assets of
156		-	the account.
157		-	(c) Notwithstanding any provision of the general statutes, proceeds
158		-	from the sale of bonds available pursuant to subdivision (1) of
159		-	subsection (b) of section 4-66c may, with the approval of the Governor
160		-	and the State Bond Commission, be used to capitalize the account.
161		-	(d) The commissioner may use funds in the account (1) to provide
162		-	financial assistance for the remediation and development of
163		-	brownfields in the state pursuant to subsection (b) of section 32-763, as
164		-	amended by this act, or section 32-765, (2) to provide financial assistance
165		-	to parcel owners required to perform mitigation actions pursuant to Substitute Senate Bill No. 1042
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	122	+	and such additional grant funds [(1)] (A) will be used to address 85
	123	+	unexpected cost overruns or costs related to remedial activities that 86
	124	+	will provide a greater environmental benefit than originally proposed 87
	125	+	pursuant to subdivision (2) of this subsection, [(b) of this section, (2)] 88
	126	+	(B) do not exceed fifty per cent of the original grant, and [(3)] (C) will 89
	127	+	not result in more than four million dollars in total grants being 90
	128	+	awarded for a single brownfield remediation or assessment project. 91
	129	+	[(g)] (7) The commissioner may award grants under this subsection 92
	130	+	to any municipality, Connecticut brownfield land bank, economic 93
	131	+	development agency or regional council of governments organized 94
	132	+	under sections 4-124i to 4-124p, inclusive, for the eligible costs of 95
	133	+	developing a comprehensive plan for the remediation and 96
	134	+	redevelopment of multiple brownfields whenever such plan is 97
	135	+	consistent with the state plan of conservation and development, 98
	136	+	adopted pursuant to chapter 297, and the plan of conservation and 99
	137	+	development, adopted pursuant to section 8-23, for each municipality 100
	138	+	in which such brownfields are located. For purposes of this subsection, 101
	139	+	"eligible costs" shall also include expenditures associated with the 102
	140	+	development of any such plan for remediation and redevelopment. 103
	141	+	(c) (1) The commissioner may award capacity building grants for 104
	142	+	operational expenses to any Connecticut brownfield land bank, 105
	143	+	provided such land bank (A) matches any state funds awarded 106
	144	+	pursuant to this subsection, and (B) has entered into at least one land 107
	145	+	banking agreement with at least two municipalities that are parties to 108
	146	+	such agreement. A grant awarded under this subsection shall not 109
	147	+	exceed fifty thousand dollars. 110
	148	+	(2) Any Connecticut brownfield land bank may apply to the 111
	149	+	Commissioner of Economic and Community Development, in the form 112
	150	+	and manner prescribed by the commissioner, for a capacity building 113
	151	+	grant in an amount indicated by the Connecticut brownfield land 114
	152	+	bank. The Connecticut brownfield land bank shall include such 115
	153	+	information the commissioner deems necessary to determine whether 116
	154	+	to award such capacity building grant, in whole or in part, and to 117 Substitute Bill No. 1042
168	155
169		-	section 22a-6u, and (3) for administrative costs not to exceed five per
170		-	cent of such funds.
171		-	Sec. 3. Section 32-764 of the general statutes is repealed and the
172		-	following is substituted in lieu thereof (Effective October 1, 2023):
173		-	(a) Any recipient of a grant pursuant to subsection (b) of section 32-
174		-	763, as amended by this act, or subsection (c) of section 32-9cc of the
175		-	general statutes, revision of 1958, revised to January 1, 2013, shall not be
176		-	liable under section 22a-427, 22a-432, 22a-433, 22a-451 or 22a-452 for
177		-	conditions pre-existing or existing on the brownfield property as of the
178		-	date of acquisition or control, provided such recipient (1) did not
179		-	establish, create, cause or contribute to the discharge, spillage,
180		-	uncontrolled loss, seepage or filtration of such hazardous substance,
181		-	material, waste or pollution that is subject to remediation under section
182		-	22a-133k and funded by the Office of Brownfield Remediation and
183		-	Development or the Department of Economic and Community
184		-	Development; (2) does not exacerbate the conditions; and (3) complies
185		-	with reporting of significant environmental hazard requirements in
186		-	section 22a-6u. To the extent that any conditions are exacerbated, such
187		-	recipient shall only be responsible for responding to contamination
188		-	exacerbated by its negligent or reckless activities.
189		-	(b) Upon remediation (1) as approved by the Department of Energy
190		-	and Environmental Protection, or (2) in accordance with section 22a-
191		-	133x, 22a-134a, 32-768 or 32-769 of a brownfield property by a recipient
192		-	of a grant pursuant to subsection (b) of section 32-763, as amended by
193		-	this act, such recipient may transfer the property to any person,
194		-	provided such person is not otherwise liable under section 22a-427, 22a-
195		-	432, 22a-433, 22a-451 or 22a-452 with respect to the property. Any
196		-	person who acquires title pursuant to this section shall not be liable
197		-	under section 22a-427, 22a-432, 22a-433, 22a-451 or 22a-452 with respect
198		-	to preexisting conditions on the property, provided such person (A)
199		-	does not cause or contribute to the discharge, spillage, uncontrolled loss, Substitute Senate Bill No. 1042
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203		-	~~seepage or filtration of~~ such ~~hazardous substance,~~ ~~material or waste,~~
204		-	and ~~(B) such person is not a member,~~ ~~officer, manager,~~ ~~director,~~
205		-	~~shareholder, subsidiary,~~ ~~successor~~ of~~, related to,~~ ~~or affiliated with,~~
206		-	~~directly or indirectly,~~ the ~~person who is otherwise liable under section~~
207		-	~~22a-427, 22a-432, 22a-433, 22a-451 or 22a-452 with respect~~ to ~~the~~
208		-	~~property~~. The ~~Commissioner of Energy and Environmental Protection~~
209		-	~~shall provide such person with a covenant not to sue pursuant to section~~
210		-	~~22a-133aa and shall not require the prospective purchaser or owner to~~
211		-	~~pay a fee~~ in ~~exchange for such covenant.~~
212		-	~~(c) No person shall acquire title to or hold, possess or maintain~~ any
213		-	~~interest in a property that has been remediated with grant funds~~
214		-	~~awarded pursuant to subsection (b)~~ of ~~section 32-763, as amended by~~
215		-	~~this act,~~ ~~if such person (1) is liable under section 22a-427, 22a-432, 22a-~~
216		-	~~433, 22a-451 or 22a-452 with respect~~ to the ~~property, (2) is otherwise~~
217		-	~~responsible~~, ~~directly~~ or ~~indirectly, for~~ the ~~discharge, spillage,~~
218		-	~~uncontrolled loss,~~ ~~seepage or filtration of such hazardous substance,~~
219		-	~~material~~ or ~~waste, (3) is a member,~~ ~~officer, manager, director,~~
220		-	~~shareholder, subsidiary,~~ ~~successor~~ of~~, related to,~~ ~~or affiliated with,~~
221		-	~~directly or indirectly,~~ the ~~person who is otherwise liable under section~~
222		-	~~22a-427, 22a-432, 22a-433, 22a-451~~ ~~or 22a-452~~ ~~with respect~~ to ~~the~~
223		-	~~property~~, ~~or (4) is or was an owner, operator or tenant~~ of the ~~property.~~
224		-	~~If such person elects~~ to ~~acquire title to or hold, possess or maintain any~~
225		-	~~interest~~ in the ~~property, that person shall reimburse the state of~~
226		-	~~Connecticut,~~ the ~~municipality~~ and ~~the economic~~ development ~~agency~~
227		-	~~for any and all costs expended~~ to ~~perform the investigation and~~
228		-	~~remediation of the property~~, ~~plus interest at a rate of eighteen per cent.~~
229		-	~~(d) Notwithstanding section 22a-134a, a recipient of a grant pursuant~~
230		-	to ~~subsection (b) of~~ section ~~32-763~~, ~~as amended by this act,~~ ~~may acquire~~
231		-	~~and convey its interest in the property without~~ such ~~recipient or the~~
232		-	~~subsequent purchaser incurring liability,~~ ~~including any such liability~~
233		-	~~incurred pursuant to section 22a-134a~~, ~~provided the property (1) was~~ Substitute ~~Senate~~ Bill No. 1042
	161	+	verify that such land bank has sufficient funds to match such amount 118
	162	+	and has entered into at least one land banking agreement as specified 119
	163	+	under subdivision (1) of this subsection. 120
	164	+	[(h)] (d) The provisions of sections 32-5a and 32-701 shall not apply 121
	165	+	to grants provided pursuant to this section. 122
	166	+	Sec. 2. Subsections (b) to (d), inclusive, of section 32-762 of the 123
	167	+	general statutes are repealed and the following is substituted in lieu 124
	168	+	thereof (Effective October 1, 2023): 125
	169	+	(b) All moneys received in consideration of financial assistance, 126
	170	+	including payments of principal and interest on any loans made 127
	171	+	pursuant to section 32-765, shall be credited to the account and shall 128
	172	+	become part of the assets of the account. At the discretion of the 129
	173	+	Commissioner of Economic and Community Development and subject 130
	174	+	to the approval of the Secretary of the Office of Policy and 131
	175	+	Management, any federal, private or other moneys received by the 132
	176	+	state in connection with projects undertaken pursuant to subsection (b) 133
	177	+	of section 32-763, as amended by this act, or section 32-765 shall be 134
	178	+	credited to the assets of the account. 135
	179	+	(c) Notwithstanding any provision of the general statutes, proceeds 136
	180	+	from the sale of bonds available pursuant to subdivision (1) of 137
	181	+	subsection (b) of section 4-66c may, with the approval of the Governor 138
	182	+	and the State Bond Commission, be used to capitalize the account. 139
	183	+	(d) The commissioner may use funds in the account (1) to provide 140
	184	+	financial assistance for the remediation and development of 141
	185	+	brownfields in the state pursuant to subsection (b) of section 32-763, as 142
	186	+	amended by this act, or section 32-765, (2) to provide financial 143
	187	+	assistance to parcel owners required to perform mitigation actions 144
	188	+	pursuant to section 22a-6u, and (3) for administrative costs not to 145
	189	+	exceed five per cent of such funds. 146
	190	+	Sec. 3. Section 32-764 of the general statutes is repealed and the 147
	191	+	following is substituted in lieu thereof (Effective October 1, 2023): 148 Substitute Bill No. 1042
234	192
235		-	Public Act No. 23-57 8 of 9
236	193
237		-	remediated pursuant to section 22a-133x, 22a-133y, 32-768 or 32-769 or
238		-	pursuant to an order issued by the Commissioner of Energy and
239		-	Environmental Protection and such remediation was (A) performed in
240		-	accordance with the standards adopted pursuant to section 22a-133k, as
241		-	determined by said commissioner, or (B) if authorized by said
242		-	commissioner, verified by a licensed environmental professional unless
243		-	such verification has been rejected by said commissioner subsequent to
244		-	an audit conducted by said commissioner and provided the subsequent
245		-	purchaser has no direct or related liability for the site conditions; and (2)
246		-	is not an establishment, as defined in section 22a-134, based on business
247		-	operations occurring after such recipient remediated the property.
248		-	Sec. 4. Subsection (a) of section 32-767 of the general statutes is
249		-	repealed and the following is substituted in lieu thereof (Effective October
250		-	1, 2023):
251		-	(a) Whenever funds are used pursuant to subsection (b) of section 32-
252		-	763, as amended by this act, or section 32-765, for purposes of
253		-	environmental assessments or remediation of a brownfield, the
254		-	Commissioner of Energy and Environmental Protection may seek
255		-	reimbursement of the costs and expenses incurred by requesting the
256		-	Attorney General to bring a civil action to recover such costs and
257		-	expenses from any party responsible for such pollution, provided no
258		-	such action shall be brought separately from any action to recover costs
259		-	and expenses incurred by the Comm issioner of Energy and
260		-	Environmental Protection in pursuing action to contain, remove or
261		-	mitigate any pollution on such site. The costs and expenses recovered in
262		-	an action brought pursuant to this section may include, but shall not be
263		-	limited to: (1) The actual cost of identifying, evaluating, planning for
264		-	and undertaking the remediation of the site; (2) any administrative costs
265		-	not exceeding ten per cent of the actual costs; (3) the costs of recovering
266		-	the reimbursement; and (4) interest on the actual costs at a rate of ten
267		-	per cent per year from the date such expenses were paid. Substitute Senate Bill No. 1042
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	198	+	(a) Any recipient of a grant pursuant to subsection (b) of section 32-149
	199	+	763, as amended by this act, or subsection (c) of section 32-9cc of the 150
	200	+	general statutes, revision of 1958, revised to January 1, 2013, shall not 151
	201	+	be liable under section 22a-427, 22a-432, 22a-433, 22a-451 or 22a-452 for 152
	202	+	conditions pre-existing or existing on the brownfield property as of the 153
	203	+	date of acquisition or control, provided such recipient (1) did not 154
	204	+	establish, create, cause or contribute to the discharge, spillage, 155
	205	+	uncontrolled loss, seepage or filtration of such hazardous substance, 156
	206	+	material, waste or pollution that is subject to remediation under 157
	207	+	section 22a-133k and funded by the Office of Brownfield Remediation 158
	208	+	and Development or the Department of Economic and Community 159
	209	+	Development; (2) does not exacerbate the conditions; and (3) complies 160
	210	+	with reporting of significant environmental hazard requirements in 161
	211	+	section 22a-6u. To the extent that any conditions are exacerbated, such 162
	212	+	recipient shall only be responsible for responding to contamination 163
	213	+	exacerbated by its negligent or reckless activities. 164
	214	+	(b) Upon remediation (1) as approved by the Department of Energy 165
	215	+	and Environmental Protection, or (2) in accordance with section 22a-166
	216	+	133x, 22a-134a, 32-768 or 32-769 of a brownfield property by a recipient 167
	217	+	of a grant pursuant to subsection (b) of section 32-763, as amended by 168
	218	+	this act, such recipient may transfer the property to any person, 169
	219	+	provided such person is not otherwise liable under section 22a-427, 170
	220	+	22a-432, 22a-433, 22a-451 or 22a-452 with respect to the property. Any 171
	221	+	person who acquires title pursuant to this section shall not be liable 172
	222	+	under section 22a-427, 22a-432, 22a-433, 22a-451 or 22a-452 with 173
	223	+	respect to preexisting conditions on the property, provided such 174
	224	+	person (A) does not cause or contribute to the discharge, spillage, 175
	225	+	uncontrolled loss, seepage or filtration of such hazardous substance, 176
	226	+	material or waste, and (B) such person is not a member, officer, 177
	227	+	manager, director, shareholder, subsidiary, successor of, related to, or 178
	228	+	affiliated with, directly or indirectly, the person who is otherwise liable 179
	229	+	under section 22a-427, 22a-432, 22a-433, 22a-451 or 22a-452 with 180
	230	+	respect to the property. The Commissioner of Energy and 181
	231	+	Environmental Protection shall provide such person with a covenant 182 Substitute Bill No. 1042
270	232
271		-	Sec. 5. Section 32-766 of the general statutes is repealed and the
272		-	following is substituted in lieu thereof (Effective October 1, 2023):
273		-	The Commissioner of Economic and Community Development shall
274		-	establish the terms and conditions of any financial assistance provided
275		-	pursuant to section 32-763, as amended by this act, or section 32-765.
276		-	The commissioner may make any stipulation in connection with an offer
277		-	of financial assistance the commissioner deems necessary to implement
278		-	the policies and purposes of subsection (b) of section 32-763, as amended
279		-	by this act, or section 32-765, including, but not limited to, (1) a
280		-	requirement of assurance from a grant or loan recipient that such
281		-	recipient will discharge its obligations in connection with the project, (2)
282		-	a requirement that a grant or loan recipient provide the department with
283		-	appropriate security for such financial assistance, including, but not
284		-	limited to, a letter of credit, a lien on real property or a security interest
285		-	in goods, equipment, inventory or other property of any kind, and (3) a
286		-	requirement that a grant or loan recipient reimburse the state for such
287		-	financial assistance in the event that it receives funds for remediation
288		-	from other sources.
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	237	+
	238	+	not to sue pursuant to section 22a-133aa and shall not require the 183
	239	+	prospective purchaser or owner to pay a fee in exchange for such 184
	240	+	covenant. 185
	241	+	(c) No person shall acquire title to or hold, possess or maintain any 186
	242	+	interest in a property that has been remediated with grant funds 187
	243	+	awarded pursuant to subsection (b) of section 32-763, as amended by 188
	244	+	this act, if such person (1) is liable under section 22a-427, 22a-432, 22a-189
	245	+	433, 22a-451 or 22a-452 with respect to the property, (2) is otherwise 190
	246	+	responsible, directly or indirectly, for the discharge, spillage, 191
	247	+	uncontrolled loss, seepage or filtration of such hazardous substance, 192
	248	+	material or waste, (3) is a member, officer, manager, director, 193
	249	+	shareholder, subsidiary, successor of, related to, or affiliated with, 194
	250	+	directly or indirectly, the person who is otherwise liable under section 195
	251	+	22a-427, 22a-432, 22a-433, 22a-451 or 22a-452 with respect to the 196
	252	+	property, or (4) is or was an owner, operator or tenant of the property. 197
	253	+	If such person elects to acquire title to or hold, possess or maintain any 198
	254	+	interest in the property, that person shall reimburse the state of 199
	255	+	Connecticut, the municipality and the economic development agency 200
	256	+	for any and all costs expended to perform the investigation and 201
	257	+	remediation of the property, plus interest at a rate of eighteen per cent. 202
	258	+	(d) Notwithstanding section 22a-134a, a recipient of a grant 203
	259	+	pursuant to subsection (b) of section 32-763, as amended by this act, 204
	260	+	may acquire and convey its interest in the property without such 205
	261	+	recipient or the subsequent purchaser incurring liability, including any 206
	262	+	such liability incurred pursuant to section 22a-134a, provided the 207
	263	+	property (1) was remediated pursuant to section 22a-133x, 22a-133y, 208
	264	+	32-768 or 32-769 or pursuant to an order issued by the Commissioner 209
	265	+	of Energy and Environmental Protection and such remediation was 210
	266	+	(A) performed in accordance with the standards adopted pursuant to 211
	267	+	section 22a-133k, as determined by said commissioner, or (B) if 212
	268	+	authorized by said commissioner, verified by a licensed environmental 213
	269	+	professional unless such verification has been rejected by said 214
	270	+	commissioner subsequent to an audit conducted by said commissioner 215 Substitute Bill No. 1042
	271	+
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	276	+
	277	+	and provided the subsequent purchaser has no direct or related 216
	278	+	liability for the site conditions; and (2) is not an establishment, as 217
	279	+	defined in section 22a-134, based on business operations occurring 218
	280	+	after such recipient remediated the property. 219
	281	+	Sec. 4. Subsection (a) of section 32-767 of the general statutes is 220
	282	+	repealed and the following is substituted in lieu thereof (Effective 221
	283	+	October 1, 2023): 222
	284	+	(a) Whenever funds are used pursuant to subsection (b) of section 223
	285	+	32-763, as amended by this act, or section 32-765, for purposes of 224
	286	+	environmental assessments or remediation of a brownfield, the 225
	287	+	Commissioner of Energy and Environmental Protection may seek 226
	288	+	reimbursement of the costs and expenses incurred by requesting the 227
	289	+	Attorney General to bring a civil action to recover such costs and 228
	290	+	expenses from any party responsible for such pollution, provided no 229
	291	+	such action shall be brought separately from any action to recover 230
	292	+	costs and expenses incurred by the Commissioner of Energy and 231
	293	+	Environmental Protection in pursuing action to contain, remove or 232
	294	+	mitigate any pollution on such site. The costs and expenses recovered 233
	295	+	in an action brought pursuant to this section may include, but shall not 234
	296	+	be limited to: (1) The actual cost of identifying, evaluating, planning 235
	297	+	for and undertaking the remediation of the site; (2) any administrative 236
	298	+	costs not exceeding ten per cent of the actual costs; (3) the costs of 237
	299	+	recovering the reimbursement; and (4) interest on the actual costs at a 238
	300	+	rate of ten per cent per year from the date such expenses were paid. 239
	301	+	Sec. 5. Section 32-766 of the general statutes is repealed and the 240
	302	+	following is substituted in lieu thereof (Effective October 1, 2023): 241
	303	+	The Commissioner of Economic and Community Development shall 242
	304	+	establish the terms and conditions of any financial assistance provided 243
	305	+	pursuant to section 32-763, as amended by this act, or section 32-765. 244
	306	+	The commissioner may make any stipulation in connection with an 245
	307	+	offer of financial assistance the commissioner deems necessary to 246
	308	+	implement the policies and purposes of subsection (b) of section 32-247 Substitute Bill No. 1042
	309	+
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	314	+
	315	+	763, as amended by this act, or section 32-765, including, but not 248
	316	+	limited to, (1) a requirement of assurance from a grant or loan recipient 249
	317	+	that such recipient will discharge its obligations in connection with the 250
	318	+	project, (2) a requirement that a grant or loan recipient provide the 251
	319	+	department with appropriate security for such financial assistance, 252
	320	+	including, but not limited to, a letter of credit, a lien on real property or 253
	321	+	a security interest in goods, equipment, inventory or other property of 254
	322	+	any kind, and (3) a requirement that a grant or loan recipient 255
	323	+	reimburse the state for such financial assistance in the event that it 256
	324	+	receives funds for remediation from other sources. 257
	325	+	This act shall take effect as follows and shall amend the following
	326	+	sections:
	327	+
	328	+	Section 1 October 1, 2023 32-763
	329	+	Sec. 2 October 1, 2023 32-762(b) to (d)
	330	+	Sec. 3 October 1, 2023 32-764
	331	+	Sec. 4 October 1, 2023 32-767(a)
	332	+	Sec. 5 October 1, 2023 32-766
	333	+
	334	+	CE Joint Favorable Subst.
289	335