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General Assembly Raised Bill No. 1092
January Session, 2023
LCO No. 4792
Referred to Committee on COMMERCE
Introduced by:
(CE)
AN ACT CONCERNING THE ACQUISITION AND CONVEYANCE OF
CERTAIN PROPERTIES BY CONNECTICUT BROWNFIELD LAND
BANKS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 32-760 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2023): 2
As used in this chapter: 3
(1) "Bona fide prospective purchaser" means a person who acquires 4
ownership of a property after July 1, 2011, and establishes by a 5
preponderance of the evidence that: 6
(A) All disposal of regulated substances at the property occurred 7
before such person acquired the property; 8
(B) Such person made all appropriate inquiries, as set forth in 40 CFR 9
Part 312, into the previous ownership and uses of the property in 10
accordance with generally accepted good commercial and customary 11
standards and practices, including, but not limited to, the standards and 12
practices set forth in the ASTM Standard Practice for Environmental Site 13
Assessments, Phase I Environmental Site Assessment Process, in effect 14 Raised Bill No. 1092
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on the date such person acquired the property. In the case of property 15
in residential or other similar use at the time of purchase by a 16
nongovernmental or noncommercial entity, a property inspection and a 17
title search that reveal no basis for further investigation shall be 18
considered to satisfy the requirements of this subparagraph; 19
(C) Such person provides all legally required notices with respect to 20
the discovery or release of any regulated substances at the property; 21
(D) Such person exercises appropriate care with respect to regulated 22
substances found at the property by taking reasonable steps to (i) stop 23
any continuing release, (ii) prevent any threatened future release, and 24
(iii) prevent or limit human, environmental or natural resource 25
exposure to any previously released regulated substance; 26
(E) Such person provides full cooperation, assistance and access to 27
persons authorized to conduct response actions or natural resource 28
restoration at the property, including, but not limited to, the cooperation 29
and access necessary for the installation, integrity, operation and 30
maintenance of any complete or partial response actions or natural 31
resource restoration at the property; 32
(F) Such person complies with any land use restrictions established 33
or relied on in connection with the response action at the property and 34
does not impede the effectiveness or integrity of any institutional 35
control employed at the property in connection with a response action; 36
and 37
(G) Such person complies with any request for information from the 38
Commissioner of Energy and Environmental Protection; 39
(2) "Brownfield" means any abandoned or underutilized site where 40
redevelopment, reuse or expansion has not occurred due to the presence 41
or potential presence of pollution in the buildings, soil or groundwater 42
that requires investigation or remediation before or in conjunction with 43
the redevelopment, reuse or expansion of the property; 44 Raised Bill No. 1092
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(3) "Commissioner" means the Commissioner of Economic and 45
Community Development; 46
(4) "Contiguous property owner" means a person who owns real 47
property contiguous to or otherwise similarly situated with respect to, 48
and that is or may be contaminated by a release or threatened release of 49
a regulated substance from, real property that is not owned by that 50
person, provided: 51
(A) With respect to the property owned by such person, such person 52
takes reasonable steps to (i) stop any continuing release of any regulated 53
substance released on or from the property, (ii) prevent any threatened 54
future release of any regulated substance released on or from the 55
property, and (iii) prevent or limit human, environmental or natural 56
resource exposure to any regulated substance released on or from the 57
property; 58
(B) Such person provides full cooperation, assistance and access to 59
persons authorized to conduct response actions or natural resource 60
restoration at the property from which there has been a release or 61
threatened release, including, but not limited to, the cooperation and 62
access necessary for the installation, integrity, operation and 63
maintenance of any complete or partial response action or natural 64
resource restoration at the property; 65
(C) Such person complies with any land use restrictions established 66
or relied on in connection with the response action at the property and 67
does not impede the effectiveness or integrity of any institutional 68
control employed in connection with a response action; 69
(D) Such person complies with any request for information from the 70
Commissioner of Energy and Environmental Protection; and 71
(E) Such person provides all legally required notices with respect to 72
the discovery or release of any hazardous substances at the property; 73
(5) "Department" means the Department of Economic and 74 Raised Bill No. 1092
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Community Development; 75
(6) "Economic development agency" means (A) a municipal economic 76
development agency or entity created or operating under chapter 130 or 77
132; (B) a nonprofit economic development corporation formed to 78
promote the common good, general welfare and economic development 79
of a municipality or a region that is funded, either directly or through 80
in-kind services, in part by one or more municipalities; (C) a nonstock 81
corporation or limited liability company established or controlled by a 82
municipality, municipal economic development agency or an entity 83
created or operating under chapter 130 or 132; or (D) an agency, as 84
defined in section 32-327; 85
(7) "Eligible costs" means the costs associated with the investigation, 86
assessment, remediation and development of a brownfield, including, 87
but not limited to, (A) soil, groundwater and infrastructure 88
investigation, (B) assessment, (C) remediation, (D) abatement, (E) 89
hazardous materials or waste disposal, (F) long-term groundwater or 90
natural attenuation monitoring, (G) (i) environmental land use 91
restrictions, (ii) activity and use limitations, or (iii) other forms of 92
institutional control, (H) attorneys' fees, (I) planning, engineering and 93
environmental consulting, and (J) building and structural issues, 94
including demolition, asbestos abatement, polychlorinated biphenyls 95
removal, contaminated wood or paint removal, and other infrastructure 96
remedial activities; 97
(8) "Financial assistance" means grants, loans or loan guarantees, or 98
any combination thereof; 99
(9) "Innocent landowner" has the same meaning as provided in 100
section 22a-452d; 101
(10) "Interim verification" has the same meaning as provided in 102
section 22a-134; 103
(11) "Manufacturing facility" means a business establishment 104
classified under sector 31, 32 or 33 of the North American Industrial 105 Raised Bill No. 1092
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Classification System; 106
(12) "Municipality" means a town, city, consolidated town and city or 107
consolidated town and borough. For purposes of sections 32-771 to 32-108
775, inclusive, as amended by this act, "municipality" includes a district, 109
as defined in section 7-324, a metropolitan area, as defined in section 7-110
333, and any political subdivision of the state that has the power to levy 111
taxes and to issue bonds, notes or other obligations; 112
(13) "PCB regulations" means the polychlorinated biphenyls 113
manufacturing, processing, distribution in commerce and use 114
prohibitions found at 40 CFR Part 761; 115
(14) "Person" means any individual, firm, partnership, association, 116
syndicate, company, trust, corporation, nonstock corporation, limited 117
liability company, municipality, economic development agency, agency 118
or political or administrative subdivision of the state or any other legal 119
entity; 120
(15) "Planning region" has the same meaning as provided in section 121
4-124i; 122
[(15)] (16) "Real property" means land, buildings and other structures 123
and improvements thereto, subterranean or subsurface rights, any and 124
all easements, air rights and franchises of any kind or nature; 125
(17) "Regional council of governments" has the same meaning as 126
provided in section 4-124s; 127
[(16)] (18) "Regulated substance" has the same meaning as provided 128
in section 22a-134g; 129
[(17)] (19) "Release" means any discharge, spillage, uncontrolled loss, 130
seepage, filtration, leakage, injection, escape, dumping, pumping, 131
pouring, emitting, emptying or disposal of a substance; 132
[(18)] (20) "Remediation standards" has the same meaning as 133
provided in section 22a-134; 134 Raised Bill No. 1092
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[(19)] (21) "State" means the state of Connecticut; 135
[(20)] (22) "UST regulations" means the regulations adopted pursuant 136
to subsection (d) of section 22a-449; 137
[(21)] (23) "Verification" has the same meaning as provided in section 138
22a-134; and 139
[(22)] (24) "Connecticut brownfield land bank" means a Connecticut 140
nonstock corporation, certified by the Commissioner of Economic and 141
Community Development pursuant to section 32-771, established for 142
the purposes of (A) acquiring, retaining, remediating and selling 143
brownfields in the state for the benefit of municipalities, (B) educating 144
government officials, community leaders, economic development 145
agencies and nonprofit organizations on best practices for redeveloping 146
brownfields, and (C) engaging in all other activities in accordance with 147
sections 32-771 to 32-775, inclusive, as amended by this act. 148
Sec. 2. Section 32-773 of the general statutes is repealed and the 149
following is substituted in lieu thereof (Effective July 1, 2023): 150
(a) The purposes of a Connecticut brownfield land bank shall be to 151
(1) acquire, retain, remediate and sell brownfields in the state on behalf 152
of municipalities pursuant to land banking agreements with such 153
municipalities, (2) acquire, retain, remediate and sell brownfields in the 154
state for the purpose of enhancing the aquatic life and environmental 155
quality of one or more rivers of the state, pursuant to land banking 156
agreements with regional councils of governments that represent the 157
municipalities in which such brownfields are located, (3) educate 158
government officials, community leaders, economic development 159
agencies and nonprofit organizations on best practices for redeveloping 160
brownfields, and [(3)] (4) engage in all other activities in accordance 161
with sections 32-771 to 32-775, inclusive, as amended by this act. In 162
addition to those powers, rights, privileges and immunities granted 163
under chapter 602, a Connecticut brownfield land bank is authorized 164
and empowered to do the following in furtherance of its purposes: 165 Raised Bill No. 1092
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(A) Enter into land banking agreements with (i) municipalities for the 166
acquisition, retention, remediation and sale of real property within such 167
municipalities on behalf of such municipalities, or (ii) regional councils 168
of governments for the acquisition, retention, remediation and sale of 169
real property located within the planning regions of such regional 170
councils of governments. 171
(B) Enter into contracts and agreements with municipalities or 172
regional councils of governments for staffing services to be provided to 173
the Connecticut brownfield land bank by such municipalities, regional 174
councils of governments or agencies or departments thereof, or for a 175
Connecticut brownfield land bank to provide such staffing services to 176
such municipalities, regional councils of governments or agencies or 177
departments thereof in relation to the duties of such land bank. 178
(C) Obtain grant funds or borrow from private lenders, 179
municipalities, regional councils of governments, the state or the federal 180
government, as may be necessary, for the operation of such Connecticut 181
brownfield land bank. 182
(D) Procure insurance or guarantees from the state or federal 183
government of the payments of any debts, or parts thereof, incurred by 184
such Connecticut brownfield land bank, and to pay premiums in 185
connection therewith. 186
(E) Do all other things necessary or convenient to achieve the 187
purposes of such Connecticut brownfield land bank and comply with 188
any law relating to the purposes and responsibilities of such land bank. 189
(F) Acquire real property, as described in subsection (b) of section 32-190
775, as amended by this act, by purchase contracts, lease purchase 191
agreements, installment sales contracts, land contracts and foreclosure 192
of municipal tax liens. A Connecticut brownfield land bank may accept 193
transfers of real property from municipalities upon such terms and 194
conditions as agreed to by the brownfield land bank and the 195
municipality. Notwithstanding any provision of the general statutes or 196
of any special act, municipal charter or home rule ordinance, any 197 Raised Bill No. 1092
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municipality may transfer and convey to a Connecticut brownfield land 198
bank real property and interests in real property located in the 199
municipality on such terms and conditions and according to such 200
procedures as determined by the municipality. 201
(b) A Connecticut brownfield land bank shall neither possess nor 202
exercise the power of eminent domain. 203
Sec. 3. Section 32-775 of the general statutes is repealed and the 204
following is substituted in lieu thereof (Effective July 1, 2023): 205
(a) A Connecticut brownfield land bank shall hold in its own name 206
all real property acquired by such land bank irrespective of the identity 207
of the transferor of such property. 208
(b) A Connecticut brownfield land bank shall acquire only 209
brownfield sites and other real property, located adjacent or in close 210
proximity to brownfield sites to be acquired, that are (1) identified in a 211
land banking agreement between such Connecticut brownfield land 212
bank and the municipality in which such properties are located, or (2) 213
identified in a land banking agreement between such Connecticut 214
brownfield land bank and the regional council of governments that 215
represents the municipality in which such properties are located and 216
that are determined to enhance the aquatic life and environmental 217
quality of one or more rivers in the state by such regional council of 218
governments. 219
(c) A Connecticut brownfield land bank shall maintain and make 220
available for public review and inspection an inventory of all real 221
property held by such land bank. 222
(d) A Connecticut brownfield land bank shall determine and set forth 223
in policies and procedures the general terms and conditions for 224
consideration to be received by such land bank for the transfer to such 225
land bank of real property and interests in real property, which 226
consideration may take the form of monetary payments and secured 227
financial obligations, covenants and conditions related to the present 228 Raised Bill No. 1092
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and future use of such real property, contractual commitments of the 229
transferee, and such other forms of consideration as determined by the 230
board of directors to be in the best interest of such land bank. 231
(e) A Connecticut brownfield land bank may convey, exchange, sell, 232
transfer, lease as lessee, grant, release and demise, pledge and 233
hypothecate any and all interests in, upon or to real property of the 234
brownfield land bank, provided such land bank may only convey, 235
exchange, transfer or sell real property with the approval of (1) the 236
municipality in which such real property is located pursuant to the 237
terms of a land banking agreement entered into with such municipality, 238
or (2) the regional council of governments that represents the 239
municipality in which such real property is located, pursuant to the 240
terms of a land banking agreement entered into with such regional 241
council of governments. 242
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2023 32-760
Sec. 2 July 1, 2023 32-773
Sec. 3 July 1, 2023 32-775
Statement of Purpose:
To: (1) Authorize Connecticut brownfield land banks to acquire and
convey certain properties to enhance the aquatic life and environmental
quality of rivers; and (2) authorize Connecticut brownfield land banks
to enter into land banking agreements with regional councils of
governments.
[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.]