LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01092-R01-
SB.docx
1 of 9
General Assembly Substitute Bill No. 1092
January Session, 2023
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 Section 32-760 of the general statutes is repealed and the 1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 9
CFR 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 12
and practices set forth in the ASTM Standard P ractice for 13
Environmental Site Assessments, Phase I Environmental Site 14
Assessment Process, in effect on the date such person acquired the 15
property. In the case of property in residential or other similar use at 16 Substitute Bill No. 1092
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01092-
R01-SB.docx }
2 of 9
the time of purchase by a nongovernmental or noncommercial entity, a 17
property inspection and a title search that reveal no basis for further 18
investigation shall be considered to satisfy the requirements of this 19
subparagraph; 20
(C) Such person provides all legally required notices with respect to 21
the discovery or release of any regulated substances at the property; 22
(D) Such person exercises appropriate care with respect to regulated 23
substances found at the property by taking reasonable steps to (i) stop 24
any continuing release, (ii) prevent any threatened future release, and 25
(iii) prevent or limit human, environmental or natural resource 26
exposure to any previously released regulated substance; 27
(E) Such person provides full cooperation, assistance and access to 28
persons authorized to conduct response actions or natural resource 29
restoration at the property, including, but not limited to, the 30
cooperation and access necessary for the installation, integrity, 31
operation and maintenance of any complete or partial response actions 32
or natural resource restoration at the property; 33
(F) Such person complies with any land use restrictions established 34
or relied on in connection with the response action at the property and 35
does not impede the effectiveness or integrity of any institutional 36
control employed at the property in connection with a response action; 37
and 38
(G) Such person complies with any request for information from the 39
Commissioner of Energy and Environmental Protection; 40
(2) "Brownfield" means any abandoned or underutilized site where 41
redevelopment, reuse or expansion has not occurred due to the 42
presence or potential presence of pollution in the buildings, soil or 43
groundwater that requires investigation or remediation before or in 44
conjunction with the redevelopment, reuse or expansion of the 45
property; 46 Substitute Bill No. 1092
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01092-
R01-SB.docx }
3 of 9
(3) "Commissioner" means the Commissioner of Economic and 47
Community Development; 48
(4) "Contiguous property owner" means a person who owns real 49
property contiguous to or otherwise similarly situated with respect to, 50
and that is or may be contaminated by a release or threatened release 51
of a regulated substance from, real property that is not owned by that 52
person, provided: 53
(A) With respect to the property owned by such person, such person 54
takes reasonable steps to (i) stop any continuing release of any 55
regulated substance released on or from the property, (ii) prevent any 56
threatened future release of any regulated substance released on or 57
from the property, and (iii) prevent or limit human, environmental or 58
natural resource exposure to any regulated substance released on or 59
from the property; 60
(B) Such person provides full cooperation, assistance and access to 61
persons authorized to conduct response actions or natural resource 62
restoration at the property from which there has been a release or 63
threatened release, including, but not limited to, the cooperation and 64
access necessary for the installation, integrity, operation and 65
maintenance of any complete or partial response action or natural 66
resource restoration at the property; 67
(C) Such person complies with any land use restrictions established 68
or relied on in connection with the response action at the property and 69
does not impede the effectiveness or integrity of any institutional 70
control employed in connection with a response action; 71
(D) Such person complies with any request for information from the 72
Commissioner of Energy and Environmental Protection; and 73
(E) Such person provides all legally required notices with respect to 74
the discovery or release of any hazardous substances at the property; 75
(5) "Department" means the Department of Economic and 76 Substitute Bill No. 1092
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01092-
R01-SB.docx }
4 of 9
Community Development; 77
(6) "Economic development agency" means (A) a municipal 78
economic development agency or entity created or operating under 79
chapter 130 or 132; (B) a nonprofit economic development corporation 80
formed to promote the common good, general welfare and economic 81
development of a municipality or a region that is funded, either 82
directly or through in-kind services, in part by one or more 83
municipalities; (C) a nonstock corporation or limited liability company 84
established or controlled by a municipality, municipal economic 85
development agency or an entity created or operating under chapter 86
130 or 132; or (D) an agency, as defined in section 32-327; 87
(7) "Eligible costs" means the costs associated with the investigation, 88
assessment, remediation and development of a brownfield, including, 89
but not limited to, (A) soil, groundwater and infrastructure 90
investigation, (B) assessment, (C) remediation, (D) abatement, (E) 91
hazardous materials or waste disposal, (F) long-term groundwater or 92
natural attenuation monitoring, (G) (i) environmental land use 93
restrictions, (ii) activity and use limitations, or (iii) other forms of 94
institutional control, (H) attorneys' fees, (I) planning, engineering and 95
environmental consulting, and (J) building and structural issues, 96
including demolition, asbestos abatement, polychlorinated biphenyls 97
removal, contaminated wood or paint removal, and other 98
infrastructure remedial activities; 99
(8) "Financial assistance" means grants, loans or loan guarantees, or 100
any combination thereof; 101
(9) "Innocent landowner" has the same meaning as provided in 102
section 22a-452d; 103
(10) "Interim verification" has the same meaning as provided in 104
section 22a-134; 105
(11) "Manufacturing facility" means a business establishment 106
classified under sector 31, 32 or 33 of the North American Industrial 107 Substitute Bill No. 1092
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01092-
R01-SB.docx }
5 of 9
Classification System; 108
(12) "Municipality" means a town, city, consolidated town and city 109
or consolidated town and borough. For purposes of sections 32-771 to 110
32-775, inclusive, as amended by this act, "municipality" includes a 111
district, as defined in section 7-324, a metropolitan area, as defined in 112
section 7-333, and any political subdivision of the state that has the 113
power to levy taxes and to issue bonds, notes or other obligations; 114
(13) "PCB regulations" means the polychlorinated biphenyls 115
manufacturing, processing, distribution in commerce and use 116
prohibitions found at 40 CFR Part 761; 117
(14) "Person" means any individual, firm, partnership, association, 118
syndicate, company, trust, corporation, nonstock corporation, limited 119
liability company, municipality, economic development agency, 120
agency or political or administrative subdivision of the state or any 121
other legal entity; 122
(15) "Planning region" has the same meaning as provided in section 123
4-124i; 124
[(15)] (16) "Real property" means land, buildings and other 125
structures and improvements thereto, subterranean or subsurface 126
rights, any and all easements, air rights and franchises of any kind or 127
nature; 128
(17) "Regional council of governments" has the same meaning as 129
provided in section 4-124s; 130
[(16)] (18) "Regulated substance" has the same meaning as provided 131
in section 22a-134g; 132
[(17)] (19) "Release" means any discharge, spillage, uncontrolled 133
loss, seepage, filtration, leakage, injection, escape, dumping, pumping, 134
pouring, emitting, emptying or disposal of a substance; 135 Substitute Bill No. 1092
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01092-
R01-SB.docx }
6 of 9
[(18)] (20) "Remediation standards" has the same meaning as 136
provided in section 22a-134; 137
[(19)] (21) "State" means the state of Connecticut; 138
[(20)] (22) "UST regulations" means the regulations adopted 139
pursuant to subsection (d) of section 22a-449; 140
[(21)] (23) "Verification" has the same meaning as provided in 141
section 22a-134; and 142
[(22)] (24) "Connecticut brownfield land bank" means a Connecticut 143
nonstock corporation, certified by the Commissioner of Economic and 144
Community Development pursuant to section 32-771, established for 145
the purposes of (A) acquiring, retaining, remediating and selling 146
brownfields in the state for the benefit of municipalities, (B) educating 147
government officials, community leaders, economic development 148
agencies and nonprofit organizations on best practices for 149
redeveloping brownfields, and (C) engaging in all other activities in 150
accordance with sections 32-771 to 32-775, inclusive, as amended by 151
this act. 152
Sec. 2. Section 32-773 of the general statutes is repealed and the 153
following is substituted in lieu thereof (Effective July 1, 2023): 154
(a) The purposes of a Connecticut brownfield land bank shall be to 155
(1) acquire, retain, remediate and sell brownfields in the state on behalf 156
of municipalities pursuant to land banking agreements with such 157
municipalities, (2) acquire, retain, remediate and sell brownfields in 158
the state for the purpose of enhancing the aquatic life and 159
environmental quality of one or more rivers of the state, pursuant to 160
land banking agreements with regional councils of governments that 161
represent the municipalities in which such brownfields are located, (3) 162
educate government officials, community leaders, economic 163
development agencies and nonprofit organizations on best practices 164
for redeveloping brownfields, and [(3)] (4) engage in all other activities 165
in accordance with sections 32-771 to 32-775, inclusive, as amended by 166 Substitute Bill No. 1092
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01092-
R01-SB.docx }
7 of 9
this act. In addition to those powers, rights, privileges and immunities 167
granted under chapter 602, a Connecticut brownfield land bank is 168
authorized and empowered to do the following in furtherance of its 169
purposes: 170
(A) Enter into land banking agreements with (i) municipalities for 171
the acquisition, retention, remediation and sale of real property within 172
such municipalities on behalf of such municipalities, or (ii) regional 173
councils of governments for the acquisition, retention, remediation and 174
sale of real property located within the planning regions of such 175
regional councils of governments. 176
(B) Enter into contracts and agreements with municipalities or 177
regional councils of governments for staffing services to be provided to 178
the Connecticut brownfield land bank by such municipalities, regional 179
councils of governments or agencies or departments thereof, or for a 180
Connecticut brownfield land bank to provide such staffing services to 181
such municipalities, regional councils of governments or agencies or 182
departments thereof in relation to the duties of such land bank. 183
(C) Obtain grant funds or borrow from private lenders, 184
municipalities, regional councils of governments, the state or the 185
federal government, as may be necessary, for the operation of such 186
Connecticut brownfield land bank. 187
(D) Procure insurance or guarantees from the state or federal 188
government of the payments of any debts, or parts thereof, incurred by 189
such Connecticut brownfield land bank, and to pay premiums in 190
connection therewith. 191
(E) Do all other things necessary or convenient to achieve the 192
purposes of such Connecticut brownfield land bank and comply with 193
any law relating to the purposes and responsibilities of such land 194
bank. 195
(F) Acquire real property, as described in subsection (b) of section 196
32-775, as amended by this act, by purchase contracts, lease purchase 197 Substitute Bill No. 1092
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01092-
R01-SB.docx }
8 of 9
agreements, installment sales contracts, land contracts and foreclosure 198
of municipal tax liens. A Connecticut brownfield land bank may accept 199
transfers of real property from municipalities upon such terms and 200
conditions as agreed to by the brownfield land bank and the 201
municipality. Notwithstanding any provision of the general statutes or 202
of any special act, municipal charter or home rule ordinance, any 203
municipality may transfer and convey to a Connecticut brownfield 204
land bank real property and interests in real property located in the 205
municipality on such terms and conditions and according to such 206
procedures as determined by the municipality. 207
(b) A Connecticut brownfield land bank shall neither possess nor 208
exercise the power of eminent domain. 209
Sec. 3. Section 32-775 of the general statutes is repealed and the 210
following is substituted in lieu thereof (Effective July 1, 2023): 211
(a) A Connecticut brownfield land bank shall hold in its own name 212
all real property acquired by such land bank irrespective of the 213
identity of the transferor of such property. 214
(b) A Connecticut brownfield land bank shall acquire only 215
brownfield sites and other real property, located adjacent or in close 216
proximity to brownfield sites to be acquired, that are (1) identified in a 217
land banking agreement between such Connecticut brownfield land 218
bank and the municipality in which such properties are located, or (2) 219
identified in a land banking agreement between such Connecticut 220
brownfield land bank and the regional council of governments that 221
represents the municipality in which such properties are located. 222
(c) A Connecticut brownfield land bank shall maintain and make 223
available for public review and inspection an inventory of all real 224
property held by such land bank. 225
(d) A Connecticut brownfield land bank shall determine and set 226
forth in policies and procedures the general terms and conditions for 227
consideration to be received by such land bank for the transfer to such 228 Substitute Bill No. 1092
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01092-
R01-SB.docx }
9 of 9
land bank of real property and interests in real property, which 229
consideration may take the form of monetary payments and secured 230
financial obligations, covenants and conditions related to the present 231
and future use of such real property, contractual commitments of the 232
transferee, and such other forms of consideration as determined by the 233
board of directors to be in the best interest of such land bank. 234
(e) A Connecticut brownfield land bank may convey, exchange, sell, 235
transfer, lease as lessee, grant, release and demise, pledge and 236
hypothecate any and all interests in, upon or to real property of the 237
brownfield land bank, provided such land bank may only convey, 238
exchange, transfer or sell real property with the approval of (1) the 239
municipality in which such real property is located pursuant to the 240
terms of a land banking ag reement entered into with such 241
municipality, or (2) the regional council of governments that 242
represents the municipality in which such real property is located, 243
pursuant to the terms of a land banking agreement entered into with 244
such regional council of governments. 245
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
CE Joint Favorable Subst.