Substitute Senate Bill No. 1092
Public Act No. 23-58
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 Section 32-760 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
As used in this chapter:
(1) "Bona fide prospective purchaser" means a person who acquires
ownership of a property after July 1, 2011, and establishes by a
preponderance of the evidence that:
(A) All disposal of regulated substances at the property occurred
before such person acquired the property;
(B) Such person made all appropriate inquiries, as set forth in 40 CFR
Part 312, into the previous ownership and uses of the property in
accordance with generally accepted good commercial and customary
standards and practices, including, but not limited to, the standards and
practices set forth in the ASTM Standard Practice for Environmental Site
Assessments, Phase I Environmental Site Assessment Process, in effect
on the date such person acquired the property. In the case of property Substitute Senate Bill No. 1092
Public Act No. 23-58 2 of 9
in residential or other similar use at the time of purchase by a
nongovernmental or noncommercial entity, a property inspection and a
title search that reveal no basis for further investigation shall be
considered to satisfy the requirements of this subparagraph;
(C) Such person provides all legally required notices with respect to
the discovery or release of any regulated substances at the property;
(D) Such person exercises appropriate care with respect to regulated
substances found at the property by taking reasonable steps to (i) stop
any continuing release, (ii) prevent any threatened future release, and
(iii) prevent or limit human, environmental or natural resource
exposure to any previously released regulated substance;
(E) Such person provides full cooperation, assistance and access to
persons authorized to conduct response actions or natural resource
restoration at the property, including, but not limited to, the cooperation
and access necessary for the installation, integrity, operation and
maintenance of any complete or partial response actions or natural
resource restoration at the property;
(F) Such person complies with any land use restrictions established
or relied on in connection with the response action at the property and
does not impede the effectiveness or integrity of any institutional
control employed at the property in connection with a response action;
and
(G) Such person complies with any request for information from the
Commissioner of Energy and Environmental Protection;
(2) "Brownfield" means any abandoned or underutilized site where
redevelopment, reuse or expansion has not occurred due to the presence
or potential presence of pollution in the buildings, soil or groundwater
that requires investigation or remediation before or in conjunction with
the redevelopment, reuse or expansion of the property; Substitute Senate Bill No. 1092
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(3) "Commissioner" means the Commissioner of Economic and
Community Development;
(4) "Contiguous property owner" means a person who owns real
property contiguous to or otherwise similarly situated with respect to,
and that is or may be contaminated by a release or threatened release of
a regulated substance from, real property that is not owned by that
person, provided:
(A) With respect to the property owned by such person, such person
takes reasonable steps to (i) stop any continuing release of any regulated
substance released on or from the property, (ii) prevent any threatened
future release of any regulated substance released on or from the
property, and (iii) prevent or limit human, environmental or natural
resource exposure to any regulated substance released on or from the
property;
(B) Such person provides full cooperation, assistance and access to
persons authorized to conduct response actions or natural resource
restoration at the property from which there has been a release or
threatened release, including, but not limited to, the cooperation and
access necessary for the installation, integrity, operation and
maintenance of any complete or partial response action or natural
resource restoration at the property;
(C) Such person complies with any land use restrictions established
or relied on in connection with the response action at the property and
does not impede the effectiveness or integrity of any institutional
control employed in connection with a response action;
(D) Such person complies with any request for information from the
Commissioner of Energy and Environmental Protection; and
(E) Such person provides all legally required notices with respect to
the discovery or release of any hazardous substances at the property; Substitute Senate Bill No. 1092
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(5) "Department" means the Department of Economic and
Community Development;
(6) "Economic development agency" means (A) a municipal economic
development agency or entity created or operating under chapter 130 or
132; (B) a nonprofit economic development corporation formed to
promote the common good, general welfare and economic development
of a municipality or a region that is funded, either directly or through
in-kind services, in part by one or more municipalities; (C) a nonstock
corporation or limited liability company established or controlled by a
municipality, municipal economic development agency or an entity
created or operating under chapter 130 or 132; or (D) an agency, as
defined in section 32-327;
(7) "Eligible costs" means the costs associated with the investigation,
assessment, remediation and development of a brownfield, including,
but not limited to, (A) soil, groundwater and infrastructure
investigation, (B) assessment, (C) remediation, (D) abatement, (E)
hazardous materials or waste disposal, (F) long-term groundwater or
natural attenuation monitoring, (G) (i) environmental land use
restrictions, (ii) activity and use limitations, or (iii) other forms of
institutional control, (H) attorneys' fees, (I) planning, engineering and
environmental consulting, and (J) building and structural issues,
including demolition, asbestos abatement, polychlorinated biphenyls
removal, contaminated wood or paint removal, and other infrastructure
remedial activities;
(8) "Financial assistance" means grants, loans or loan guarantees, or
any combination thereof;
(9) "Innocent landowner" has the same meaning as provided in
section 22a-452d;
(10) "Interim verification" has the same meaning as provided in Substitute Senate Bill No. 1092
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section 22a-134;
(11) "Manufacturing facility" means a business establishment
classified under sector 31, 32 or 33 of the North American Industrial
Classification System;
(12) "Municipality" means a town, city, consolidated town and city or
consolidated town and borough. For purposes of sections 32-771 to 32-
775, inclusive, as amended by this act, "municipality" includes a district,
as defined in section 7-324, a metropolitan area, as defined in section 7-
333, and any political subdivision of the state that has the power to levy
taxes and to issue bonds, notes or other obligations;
(13) "PCB regulations" means the polychlorinated biphenyls
manufacturing, processing, distribution in commerce and use
prohibitions found at 40 CFR Part 761;
(14) "Person" means any individual, firm, partnership, association,
syndicate, company, trust, corporation, nonstock corporation, limited
liability company, municipality, economic development agency, agency
or political or administrative subdivision of the state or any other legal
entity;
(15) "Planning region" has the same meaning as provided in section
4-124i;
[(15)] (16) "Real property" means land, buildings and other structures
and improvements thereto, subterranean or subsurface rights, any and
all easements, air rights and franchises of any kind or nature;
(17) "Regional council of governments" has the same meaning as
provided in section 4-124s;
[(16)] (18) "Regulated substance" has the same meaning as provided
in section 22a-134g; Substitute Senate Bill No. 1092
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[(17)] (19) "Release" means any discharge, spillage, uncontrolled loss,
seepage, filtration, leakage, injection, escape, dumping, pumping,
pouring, emitting, emptying or disposal of a substance;
[(18)] (20) "Remediation standards" has the same meaning as
provided in section 22a-134;
[(19)] (21) "State" means the state of Connecticut;
[(20)] (22) "UST regulations" means the regulations adopted pursuant
to subsection (d) of section 22a-449;
[(21)] (23) "Verification" has the same meaning as provided in section
22a-134; and
[(22)] (24) "Connecticut brownfield land bank" means a Connecticut
nonstock corporation, certified by the Commissioner of Economic and
Community Development pursuant to section 32-771, established for
the purposes of (A) acquiring, retaining, remediating and selling
brownfields in the state for the benefit of municipalities, (B) educating
government officials, community leaders, economic development
agencies and nonprofit organizations on best practices for redeveloping
brownfields, and (C) engaging in all other activities in accordance with
sections 32-771 to 32-775, inclusive, as amended by this act.
Sec. 2. Section 32-773 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) The purposes of a Connecticut brownfield land bank shall be to
(1) acquire, retain, remediate and sell brownfields in the state on behalf
of municipalities pursuant to land banking agreements with such
municipalities, (2) acquire, retain, remediate and sell brownfields in the
state pursuant to land banking agreements with regional councils of
governments that represent the municipalities in which such
brownfields are located, (3) educate government officials, community Substitute Senate Bill No. 1092
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leaders, economic development agencies and nonprofit organizations
on best practices for redeveloping brownfields, and [(3)] (4) engage in
all other activities in accordance with sections 32-771 to 32-775,
inclusive, as amended by this act. In addition to those powers, rights,
privileges and immunities granted under chapter 602, a Connecticut
brownfield land bank is authorized and empowered to do the following
in furtherance of its purposes:
(A) Enter into land banking agreements with (i) municipalities for the
acquisition, retention, remediation and sale of real property within such
municipalities on behalf of such municipalities, or (ii) regional councils
of governments for the acquisition, retention, remediation and sale of
real property located within the planning regions of such regional
councils of governments.
(B) Enter into contracts and agreements with municipalities or
regional councils of governments for staffing services to be provided to
the Connecticut brownfield land bank by such municipalities, regional
councils of governments or agencies or departments thereof, or for a
Connecticut brownfield land bank to provide such staffing services to
such municipalities, regional councils of governments or agencies or
departments thereof in relation to the duties of such land bank.
(C) Obtain grant funds or borrow from private lenders,
municipalities, regional councils of governments, the state or the federal
government, as may be necessary, for the operation of such Connecticut
brownfield land bank.
(D) Procure insurance or guarantees from the state or federal
government of the payments of any debts, or parts thereof, incurred by
such Connecticut brownfield land bank, and to pay premiums in
connection therewith.
(E) Do all other things necessary or convenient to achieve the Substitute Senate Bill No. 1092
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purposes of such Connecticut brownfield land bank and comply with
any law relating to the purposes and responsibilities of such land bank.
(F) Acquire real property, as described in subsection (b) of section 32-
775, as amended by this act, by purchase contracts, lease purchase
agreements, installment sales contracts, land contracts and foreclosure
of municipal tax liens. A Connecticut brownfield land bank may accept
transfers of real property from municipalities upon such terms and
conditions as agreed to by the brownfield land bank and the
municipality. Notwithstanding any provision of the general statutes or
of any special act, municipal charter or home rule ordinance, any
municipality may transfer and convey to a Connecticut brownfield land
bank real property and interests in real property located in the
municipality on such terms and conditions and according to such
procedures as determined by the municipality.
(b) A Connecticut brownfield land bank shall neither possess nor
exercise the power of eminent domain.
Sec. 3. Section 32-775 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) A Connecticut brownfield land bank shall hold in its own name
all real property acquired by such land bank irrespective of the identity
of the transferor of such property.
(b) A Connecticut brownfield land bank shall acquire only
brownfield sites and other real property, located adjacent or in close
proximity to brownfield sites to be acquired, that are (1) identified in a
land banking agreement between such Connecticut brownfield land
bank and the municipality in which such properties are located, or (2)
identified in a land banking agreement between such Connecticut
brownfield land bank and the regional council of governments that
represents the municipality in which such properties are located. Substitute Senate Bill No. 1092
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(c) A Connecticut brownfield land bank shall maintain and make
available for public review and inspection an inventory of all real
property held by such land bank.
(d) A Connecticut brownfield land bank shall determine and set forth
in policies and procedures the general terms and conditions for
consideration to be received by such land bank for the transfer to such
land bank of real property and interests in real property, which
consideration may take the form of monetary payments and secured
financial obligations, covenants and conditions related to the present
and future use of such real property, contractual commitments of the
transferee, and such other forms of consideration as determined by the
board of directors to be in the best interest of such land bank.
(e) A Connecticut brownfield land bank may convey, exchange, sell,
transfer, lease as lessee, grant, release and demise, pledge and
hypothecate any and all interests in, upon or to real property of the
brownfield land bank, provided such land bank may only convey,
exchange, transfer or sell real property with the approval of (1) the
municipality in which such real property is located pursuant to the
terms of a land banking agreement entered into with such municipality,
or (2) the regional council of governments that represents the
municipality in which such real property is located, pursuant to the
terms of a land banking agreement entered into with such regional
council of governments.