Connecticut 2023 Regular Session

Connecticut Senate Bill SB01092 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 1092
	8	+	January Session, 2023
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4		-	Substitute Senate Bill No. 1092
5		-
6		-	Public Act No. 23-58
7	12
8	13
9	14		AN ACT CONCERNING THE ACQUISITION AND CONVEYANCE OF
10	15		CERTAIN PROPERTIES BY CONNECTICUT BROWNFIELD LAND
11	16		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 Section 32-760 of the general statutes is repealed and the
16		-	following is substituted in lieu thereof (Effective July 1, 2023):
17		-	As used in this chapter:
18		-	(1) "Bona fide prospective purchaser" means a person who acquires
19		-	ownership of a property after July 1, 2011, and establishes by a
20		-	preponderance of the evidence that:
21		-	(A) All disposal of regulated substances at the property occurred
22		-	before such person acquired the property;
23		-	(B) Such person made all appropriate inquiries, as set forth in 40 CFR
24		-	Part 312, into the previous ownership and uses of the property in
25		-	accordance with generally accepted good commercial and customary
26		-	standards and practices, including, but not limited to, the standards and
27		-	practices set forth in the ASTM Standard Practice for Environmental Site
28		-	Assessments, Phase I Environmental Site Assessment Process, in effect
29		-	on the date such person acquired the property. In the case of property Substitute Senate Bill No. 1092
	20	+	Section 1. Section 32-760 of the general statutes is repealed and the 1
	21	+	following is substituted in lieu thereof (Effective July 1, 2023): 2
	22	+	As used in this chapter: 3
	23	+	(1) "Bona fide prospective purchaser" means a person who acquires 4
	24	+	ownership of a property after July 1, 2011, and establishes by a 5
	25	+	preponderance of the evidence that: 6
	26	+	(A) All disposal of regulated substances at the property occurred 7
	27	+	before such person acquired the property; 8
	28	+	(B) Such person made all appropriate inquiries, as set forth in 40 9
	29	+	CFR Part 312, into the previous ownership and uses of the property in 10
	30	+	accordance with generally accepted good commercial and customary 11
	31	+	standards and practices, including, but not limited to, the standards 12
	32	+	and practices set forth in the ASTM Standard P ractice for 13
	33	+	Environmental Site Assessments, Phase I Environmental Site 14
	34	+	Assessment Process, in effect on the date such person acquired the 15
	35	+	property. In the case of property in residential or other similar use at 16 Substitute Bill No. 1092
30	36
31		-	Public Act No. 23-58 2 of 9
32	37
33		-	in residential or other similar use at the time of purchase by a
34		-	nongovernmental or noncommercial entity, a property inspection and a
35		-	title search that reveal no basis for further investigation shall be
36		-	considered to satisfy the requirements of this subparagraph;
37		-	(C) Such person provides all legally required notices with respect to
38		-	the discovery or release of any regulated substances at the property;
39		-	(D) Such person exercises appropriate care with respect to regulated
40		-	substances found at the property by taking reasonable steps to (i) stop
41		-	any continuing release, (ii) prevent any threatened future release, and
42		-	(iii) prevent or limit human, environmental or natural resource
43		-	exposure to any previously released regulated substance;
44		-	(E) Such person provides full cooperation, assistance and access to
45		-	persons authorized to conduct response actions or natural resource
46		-	restoration at the property, including, but not limited to, the cooperation
47		-	and access necessary for the installation, integrity, operation and
48		-	maintenance of any complete or partial response actions or natural
49		-	resource restoration at the property;
50		-	(F) Such person complies with any land use restrictions established
51		-	or relied on in connection with the response action at the property and
52		-	does not impede the effectiveness or integrity of any institutional
53		-	control employed at the property in connection with a response action;
54		-	and
55		-	(G) Such person complies with any request for information from the
56		-	Commissioner of Energy and Environmental Protection;
57		-	(2) "Brownfield" means any abandoned or underutilized site where
58		-	redevelopment, reuse or expansion has not occurred due to the presence
59		-	or potential presence of pollution in the buildings, soil or groundwater
60		-	that requires investigation or remediation before or in conjunction with
61		-	the redevelopment, reuse or expansion of the property; Substitute Senate Bill No. 1092
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62	41
63		-	Public Act No. 23-58 3 of 9
	42	+	the time of purchase by a nongovernmental or noncommercial entity, a 17
	43	+	property inspection and a title search that reveal no basis for further 18
	44	+	investigation shall be considered to satisfy the requirements of this 19
	45	+	subparagraph; 20
	46	+	(C) Such person provides all legally required notices with respect to 21
	47	+	the discovery or release of any regulated substances at the property; 22
	48	+	(D) Such person exercises appropriate care with respect to regulated 23
	49	+	substances found at the property by taking reasonable steps to (i) stop 24
	50	+	any continuing release, (ii) prevent any threatened future release, and 25
	51	+	(iii) prevent or limit human, environmental or natural resource 26
	52	+	exposure to any previously released regulated substance; 27
	53	+	(E) Such person provides full cooperation, assistance and access to 28
	54	+	persons authorized to conduct response actions or natural resource 29
	55	+	restoration at the property, including, but not limited to, the 30
	56	+	cooperation and access necessary for the installation, integrity, 31
	57	+	operation and maintenance of any complete or partial response actions 32
	58	+	or natural resource restoration at the property; 33
	59	+	(F) Such person complies with any land use restrictions established 34
	60	+	or relied on in connection with the response action at the property and 35
	61	+	does not impede the effectiveness or integrity of any institutional 36
	62	+	control employed at the property in connection with a response action; 37
	63	+	and 38
	64	+	(G) Such person complies with any request for information from the 39
	65	+	Commissioner of Energy and Environmental Protection; 40
	66	+	(2) "Brownfield" means any abandoned or underutilized site where 41
	67	+	redevelopment, reuse or expansion has not occurred due to the 42
	68	+	presence or potential presence of pollution in the buildings, soil or 43
	69	+	groundwater that requires investigation or remediation before or in 44
	70	+	conjunction with the redevelopment, reuse or expansion of the 45
	71	+	property; 46 Substitute Bill No. 1092
64	72
65		-	(3) "Commissioner" means the Commissioner of Economic and
66		-	Community Development;
67		-	(4) "Contiguous property owner" means a person who owns real
68		-	property contiguous to or otherwise similarly situated with respect to,
69		-	and that is or may be contaminated by a release or threatened release of
70		-	a regulated substance from, real property that is not owned by that
71		-	person, provided:
72		-	(A) With respect to the property owned by such person, such person
73		-	takes reasonable steps to (i) stop any continuing release of any regulated
74		-	substance released on or from the property, (ii) prevent any threatened
75		-	future release of any regulated substance released on or from the
76		-	property, and (iii) prevent or limit human, environmental or natural
77		-	resource exposure to any regulated substance released on or from the
78		-	property;
79		-	(B) Such person provides full cooperation, assistance and access to
80		-	persons authorized to conduct response actions or natural resource
81		-	restoration at the property from which there has been a release or
82		-	threatened release, including, but not limited to, the cooperation and
83		-	access necessary for the installation, integrity, operation and
84		-	maintenance of any complete or partial response action or natural
85		-	resource restoration at the property;
86		-	(C) Such person complies with any land use restrictions established
87		-	or relied on in connection with the response action at the property and
88		-	does not impede the effectiveness or integrity of any institutional
89		-	control employed in connection with a response action;
90		-	(D) Such person complies with any request for information from the
91		-	Commissioner of Energy and Environmental Protection; and
92		-	(E) Such person provides all legally required notices with respect to
93		-	the discovery or release of any hazardous substances at the property; Substitute Senate Bill No. 1092
94	73
95		-	Public Act No. 23-58 4 of 9
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96	77
97		-	(5) "Department" means the Department of Economic and
98		-	Community Development;
99		-	(6) "Economic development agency" means (A) a municipal economic
100		-	development agency or entity created or operating under chapter 130 or
101		-	132; (B) a nonprofit economic development corporation formed to
102		-	promote the common good, general welfare and economic development
103		-	of a municipality or a region that is funded, either directly or through
104		-	in-kind services, in part by one or more municipalities; (C) a nonstock
105		-	corporation or limited liability company established or controlled by a
106		-	municipality, municipal economic development agency or an entity
107		-	created or operating under chapter 130 or 132; or (D) an agency, as
108		-	defined in section 32-327;
109		-	(7) "Eligible costs" means the costs associated with the investigation,
110		-	assessment, remediation and development of a brownfield, including,
111		-	but not limited to, (A) soil, groundwater and infrastructure
112		-	investigation, (B) assessment, (C) remediation, (D) abatement, (E)
113		-	hazardous materials or waste disposal, (F) long-term groundwater or
114		-	natural attenuation monitoring, (G) (i) environmental land use
115		-	restrictions, (ii) activity and use limitations, or (iii) other forms of
116		-	institutional control, (H) attorneys' fees, (I) planning, engineering and
117		-	environmental consulting, and (J) building and structural issues,
118		-	including demolition, asbestos abatement, polychlorinated biphenyls
119		-	removal, contaminated wood or paint removal, and other infrastructure
120		-	remedial activities;
121		-	(8) "Financial assistance" means grants, loans or loan guarantees, or
122		-	any combination thereof;
123		-	(9) "Innocent landowner" has the same meaning as provided in
124		-	section 22a-452d;
125		-	(10) "Interim verification" has the same meaning as provided in Substitute Senate Bill No. 1092
	78	+	(3) "Commissioner" means the Commissioner of Economic and 47
	79	+	Community Development; 48
	80	+	(4) "Contiguous property owner" means a person who owns real 49
	81	+	property contiguous to or otherwise similarly situated with respect to, 50
	82	+	and that is or may be contaminated by a release or threatened release 51
	83	+	of a regulated substance from, real property that is not owned by that 52
	84	+	person, provided: 53
	85	+	(A) With respect to the property owned by such person, such person 54
	86	+	takes reasonable steps to (i) stop any continuing release of any 55
	87	+	regulated substance released on or from the property, (ii) prevent any 56
	88	+	threatened future release of any regulated substance released on or 57
	89	+	from the property, and (iii) prevent or limit human, environmental or 58
	90	+	natural resource exposure to any regulated substance released on or 59
	91	+	from the property; 60
	92	+	(B) Such person provides full cooperation, assistance and access to 61
	93	+	persons authorized to conduct response actions or natural resource 62
	94	+	restoration at the property from which there has been a release or 63
	95	+	threatened release, including, but not limited to, the cooperation and 64
	96	+	access necessary for the installation, integrity, operation and 65
	97	+	maintenance of any complete or partial response action or natural 66
	98	+	resource restoration at the property; 67
	99	+	(C) Such person complies with any land use restrictions established 68
	100	+	or relied on in connection with the response action at the property and 69
	101	+	does not impede the effectiveness or integrity of any institutional 70
	102	+	control employed in connection with a response action; 71
	103	+	(D) Such person complies with any request for information from the 72
	104	+	Commissioner of Energy and Environmental Protection; and 73
	105	+	(E) Such person provides all legally required notices with respect to 74
	106	+	the discovery or release of any hazardous substances at the property; 75
	107	+	(5) "Department" means the Department of Economic and 76 Substitute Bill No. 1092
126	108
127		-	Public Act No. 23-58 5 of 9
128	109
129		-	section 22a-134;
130		-	(11) "Manufacturing facility" means a business establishment
131		-	classified under sector 31, 32 or 33 of the North American Industrial
132		-	Classification System;
133		-	(12) "Municipality" means a town, city, consolidated town and city or
134		-	consolidated town and borough. For purposes of sections 32-771 to 32-
135		-	775, inclusive, as amended by this act, "municipality" includes a district,
136		-	as defined in section 7-324, a metropolitan area, as defined in section 7-
137		-	333, and any political subdivision of the state that has the power to levy
138		-	taxes and to issue bonds, notes or other obligations;
139		-	(13) "PCB regulations" means the polychlorinated biphenyls
140		-	manufacturing, processing, distribution in commerce and use
141		-	prohibitions found at 40 CFR Part 761;
142		-	(14) "Person" means any individual, firm, partnership, association,
143		-	syndicate, company, trust, corporation, nonstock corporation, limited
144		-	liability company, municipality, economic development agency, agency
145		-	or political or administrative subdivision of the state or any other legal
146		-	entity;
147		-	(15) "Planning region" has the same meaning as provided in section
148		-	4-124i;
149		-	[(15)] (16) "Real property" means land, buildings and other structures
150		-	and improvements thereto, subterranean or subsurface rights, any and
151		-	all easements, air rights and franchises of any kind or nature;
152		-	(17) "Regional council of governments" has the same meaning as
153		-	provided in section 4-124s;
154		-	[(16)] (18) "Regulated substance" has the same meaning as provided
155		-	in section 22a-134g; Substitute Senate Bill No. 1092
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156	113
157		-	Public Act No. 23-58 6 of 9
	114	+	Community Development; 77
	115	+	(6) "Economic development agency" means (A) a municipal 78
	116	+	economic development agency or entity created or operating under 79
	117	+	chapter 130 or 132; (B) a nonprofit economic development corporation 80
	118	+	formed to promote the common good, general welfare and economic 81
	119	+	development of a municipality or a region that is funded, either 82
	120	+	directly or through in-kind services, in part by one or more 83
	121	+	municipalities; (C) a nonstock corporation or limited liability company 84
	122	+	established or controlled by a municipality, municipal economic 85
	123	+	development agency or an entity created or operating under chapter 86
	124	+	130 or 132; or (D) an agency, as defined in section 32-327; 87
	125	+	(7) "Eligible costs" means the costs associated with the investigation, 88
	126	+	assessment, remediation and development of a brownfield, including, 89
	127	+	but not limited to, (A) soil, groundwater and infrastructure 90
	128	+	investigation, (B) assessment, (C) remediation, (D) abatement, (E) 91
	129	+	hazardous materials or waste disposal, (F) long-term groundwater or 92
	130	+	natural attenuation monitoring, (G) (i) environmental land use 93
	131	+	restrictions, (ii) activity and use limitations, or (iii) other forms of 94
	132	+	institutional control, (H) attorneys' fees, (I) planning, engineering and 95
	133	+	environmental consulting, and (J) building and structural issues, 96
	134	+	including demolition, asbestos abatement, polychlorinated biphenyls 97
	135	+	removal, contaminated wood or paint removal, and other 98
	136	+	infrastructure remedial activities; 99
	137	+	(8) "Financial assistance" means grants, loans or loan guarantees, or 100
	138	+	any combination thereof; 101
	139	+	(9) "Innocent landowner" has the same meaning as provided in 102
	140	+	section 22a-452d; 103
	141	+	(10) "Interim verification" has the same meaning as provided in 104
	142	+	section 22a-134; 105
	143	+	(11) "Manufacturing facility" means a business establishment 106
	144	+	classified under sector 31, 32 or 33 of the North American Industrial 107 Substitute Bill No. 1092
158	145
159		-	[(17)] (19) "Release" means any discharge, spillage, uncontrolled loss,
160		-	seepage, filtration, leakage, injection, escape, dumping, pumping,
161		-	pouring, emitting, emptying or disposal of a substance;
162		-	[(18)] (20) "Remediation standards" has the same meaning as
163		-	provided in section 22a-134;
164		-	[(19)] (21) "State" means the state of Connecticut;
165		-	[(20)] (22) "UST regulations" means the regulations adopted pursuant
166		-	to subsection (d) of section 22a-449;
167		-	[(21)] (23) "Verification" has the same meaning as provided in section
168		-	22a-134; and
169		-	[(22)] (24) "Connecticut brownfield land bank" means a Connecticut
170		-	nonstock corporation, certified by the Commissioner of Economic and
171		-	Community Development pursuant to section 32-771, established for
172		-	the purposes of (A) acquiring, retaining, remediating and selling
173		-	brownfields in the state for the benefit of municipalities, (B) educating
174		-	government officials, community leaders, economic development
175		-	agencies and nonprofit organizations on best practices for redeveloping
176		-	brownfields, and (C) engaging in all other activities in accordance with
177		-	sections 32-771 to 32-775, inclusive, as amended by this act.
178		-	Sec. 2. Section 32-773 of the general statutes is repealed and the
179		-	following is substituted in lieu thereof (Effective July 1, 2023):
180		-	(a) The purposes of a Connecticut brownfield land bank shall be to
181		-	(1) acquire, retain, remediate and sell brownfields in the state on behalf
182		-	of municipalities pursuant to land banking agreements with such
183		-	municipalities, (2) acquire, retain, remediate and sell brownfields in the
184		-	state pursuant to land banking agreements with regional councils of
185		-	governments that represent the municipalities in which such
186		-	brownfields are located, (3) educate government officials, community Substitute Senate Bill No. 1092
187	146
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190		-	leaders, economic development agencies and nonprofit organizations
191		-	on best practices for redeveloping brownfields, and [(3)] (4) engage in
192		-	all other activities in accordance with sections 32-771 to 32-775,
193		-	inclusive, as amended by this act. In addition to those powers, rights,
194		-	privileges and immunities granted under chapter 602, a Connecticut
195		-	brownfield land bank is authorized and empowered to do the following
196		-	in furtherance of its purposes:
197		-	(A) Enter into land banking agreements with (i) municipalities for the
198		-	acquisition, retention, remediation and sale of real property within such
199		-	municipalities on behalf of such municipalities, or (ii) regional councils
200		-	of governments for the acquisition, retention, remediation and sale of
201		-	real property located within the planning regions of such regional
202		-	councils of governments.
203		-	(B) Enter into contracts and agreements with municipalities or
204		-	regional councils of governments for staffing services to be provided to
205		-	the Connecticut brownfield land bank by such municipalities, regional
206		-	councils of governments or agencies or departments thereof, or for a
207		-	Connecticut brownfield land bank to provide such staffing services to
208		-	such municipalities, regional councils of governments or agencies or
209		-	departments thereof in relation to the duties of such land bank.
210		-	(C) Obtain grant funds or borrow from private lenders,
211		-	municipalities, regional councils of governments, the state or the federal
212		-	government, as may be necessary, for the operation of such Connecticut
213		-	brownfield land bank.
214		-	(D) Procure insurance or guarantees from the state or federal
215		-	government of the payments of any debts, or parts thereof, incurred by
216		-	such Connecticut brownfield land bank, and to pay premiums in
217		-	connection therewith.
218		-	(E) Do all other things necessary or convenient to achieve the Substitute Senate Bill No. 1092
	151	+	Classification System; 108
	152	+	(12) "Municipality" means a town, city, consolidated town and city 109
	153	+	or consolidated town and borough. For purposes of sections 32-771 to 110
	154	+	32-775, inclusive, as amended by this act, "municipality" includes a 111
	155	+	district, as defined in section 7-324, a metropolitan area, as defined in 112
	156	+	section 7-333, and any political subdivision of the state that has the 113
	157	+	power to levy taxes and to issue bonds, notes or other obligations; 114
	158	+	(13) "PCB regulations" means the polychlorinated biphenyls 115
	159	+	manufacturing, processing, distribution in commerce and use 116
	160	+	prohibitions found at 40 CFR Part 761; 117
	161	+	(14) "Person" means any individual, firm, partnership, association, 118
	162	+	syndicate, company, trust, corporation, nonstock corporation, limited 119
	163	+	liability company, municipality, economic development agency, 120
	164	+	agency or political or administrative subdivision of the state or any 121
	165	+	other legal entity; 122
	166	+	(15) "Planning region" has the same meaning as provided in section 123
	167	+	4-124i; 124
	168	+	[(15)] (16) "Real property" means land, buildings and other 125
	169	+	structures and improvements thereto, subterranean or subsurface 126
	170	+	rights, any and all easements, air rights and franchises of any kind or 127
	171	+	nature; 128
	172	+	(17) "Regional council of governments" has the same meaning as 129
	173	+	provided in section 4-124s; 130
	174	+	[(16)] (18) "Regulated substance" has the same meaning as provided 131
	175	+	in section 22a-134g; 132
	176	+	[(17)] (19) "Release" means any discharge, spillage, uncontrolled 133
	177	+	loss, seepage, filtration, leakage, injection, escape, dumping, pumping, 134
	178	+	pouring, emitting, emptying or disposal of a substance; 135 Substitute Bill No. 1092
219	179
220		-	Public Act No. 23-58 8 of 9
221	180
222		-	purposes of such Connecticut brownfield land bank and comply with
223		-	any law relating to the purposes and responsibilities of such land bank.
224		-	(F) Acquire real property, as described in subsection (b) of section 32-
225		-	775, as amended by this act, by purchase contracts, lease purchase
226		-	agreements, installment sales contracts, land contracts and foreclosure
227		-	of municipal tax liens. A Connecticut brownfield land bank may accept
228		-	transfers of real property from municipalities upon such terms and
229		-	conditions as agreed to by the brownfield land bank and the
230		-	municipality. Notwithstanding any provision of the general statutes or
231		-	of any special act, municipal charter or home rule ordinance, any
232		-	municipality may transfer and convey to a Connecticut brownfield land
233		-	bank real property and interests in real property located in the
234		-	municipality on such terms and conditions and according to such
235		-	procedures as determined by the municipality.
236		-	(b) A Connecticut brownfield land bank shall neither possess nor
237		-	exercise the power of eminent domain.
238		-	Sec. 3. Section 32-775 of the general statutes is repealed and the
239		-	following is substituted in lieu thereof (Effective July 1, 2023):
240		-	(a) A Connecticut brownfield land bank shall hold in its own name
241		-	all real property acquired by such land bank irrespective of the identity
242		-	of the transferor of such property.
243		-	(b) A Connecticut brownfield land bank shall acquire only
244		-	brownfield sites and other real property, located adjacent or in close
245		-	proximity to brownfield sites to be acquired, that are (1) identified in a
246		-	land banking agreement between such Connecticut brownfield land
247		-	bank and the municipality in which such properties are located, or (2)
248		-	identified in a land banking agreement between such Connecticut
249		-	brownfield land bank and the regional council of governments that
250		-	represents the municipality in which such properties are located. Substitute Senate Bill No. 1092
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252		-	Public Act No. 23-58 9 of 9
	185	+	[(18)] (20) "Remediation standards" has the same meaning as 136
	186	+	provided in section 22a-134; 137
	187	+	[(19)] (21) "State" means the state of Connecticut; 138
	188	+	[(20)] (22) "UST regulations" means the regulations adopted 139
	189	+	pursuant to subsection (d) of section 22a-449; 140
	190	+	[(21)] (23) "Verification" has the same meaning as provided in 141
	191	+	section 22a-134; and 142
	192	+	[(22)] (24) "Connecticut brownfield land bank" means a Connecticut 143
	193	+	nonstock corporation, certified by the Commissioner of Economic and 144
	194	+	Community Development pursuant to section 32-771, established for 145
	195	+	the purposes of (A) acquiring, retaining, remediating and selling 146
	196	+	brownfields in the state for the benefit of municipalities, (B) educating 147
	197	+	government officials, community leaders, economic development 148
	198	+	agencies and nonprofit organizations on best practices for 149
	199	+	redeveloping brownfields, and (C) engaging in all other activities in 150
	200	+	accordance with sections 32-771 to 32-775, inclusive, as amended by 151
	201	+	this act. 152
	202	+	Sec. 2. Section 32-773 of the general statutes is repealed and the 153
	203	+	following is substituted in lieu thereof (Effective July 1, 2023): 154
	204	+	(a) The purposes of a Connecticut brownfield land bank shall be to 155
	205	+	(1) acquire, retain, remediate and sell brownfields in the state on behalf 156
	206	+	of municipalities pursuant to land banking agreements with such 157
	207	+	municipalities, (2) acquire, retain, remediate and sell brownfields in 158
	208	+	the state for the purpose of enhancing the aquatic life and 159
	209	+	environmental quality of one or more rivers of the state, pursuant to 160
	210	+	land banking agreements with regional councils of governments that 161
	211	+	represent the municipalities in which such brownfields are located, (3) 162
	212	+	educate government officials, community leaders, economic 163
	213	+	development agencies and nonprofit organizations on best practices 164
	214	+	for redeveloping brownfields, and [(3)] (4) engage in all other activities 165
	215	+	in accordance with sections 32-771 to 32-775, inclusive, as amended by 166 Substitute Bill No. 1092
253	216
254		-	(c) A Connecticut brownfield land bank shall maintain and make
255		-	available for public review and inspection an inventory of all real
256		-	property held by such land bank.
257		-	(d) A Connecticut brownfield land bank shall determine and set forth
258		-	in policies and procedures the general terms and conditions for
259		-	consideration to be received by such land bank for the transfer to such
260		-	land bank of real property and interests in real property, which
261		-	consideration may take the form of monetary payments and secured
262		-	financial obligations, covenants and conditions related to the present
263		-	and future use of such real property, contractual commitments of the
264		-	transferee, and such other forms of consideration as determined by the
265		-	board of directors to be in the best interest of such land bank.
266		-	(e) A Connecticut brownfield land bank may convey, exchange, sell,
267		-	transfer, lease as lessee, grant, release and demise, pledge and
268		-	hypothecate any and all interests in, upon or to real property of the
269		-	brownfield land bank, provided such land bank may only convey,
270		-	exchange, transfer or sell real property with the approval of (1) the
271		-	municipality in which such real property is located pursuant to the
272		-	terms of a land banking agreement entered into with such municipality,
273		-	or (2) the regional council of governments that represents the
274		-	municipality in which such real property is located, pursuant to the
275		-	terms of a land banking agreement entered into with such regional
276		-	council of governments.
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	222	+	this act. In addition to those powers, rights, privileges and immunities 167
	223	+	granted under chapter 602, a Connecticut brownfield land bank is 168
	224	+	authorized and empowered to do the following in furtherance of its 169
	225	+	purposes: 170
	226	+	(A) Enter into land banking agreements with (i) municipalities for 171
	227	+	the acquisition, retention, remediation and sale of real property within 172
	228	+	such municipalities on behalf of such municipalities, or (ii) regional 173
	229	+	councils of governments for the acquisition, retention, remediation and 174
	230	+	sale of real property located within the planning regions of such 175
	231	+	regional councils of governments. 176
	232	+	(B) Enter into contracts and agreements with municipalities or 177
	233	+	regional councils of governments for staffing services to be provided to 178
	234	+	the Connecticut brownfield land bank by such municipalities, regional 179
	235	+	councils of governments or agencies or departments thereof, or for a 180
	236	+	Connecticut brownfield land bank to provide such staffing services to 181
	237	+	such municipalities, regional councils of governments or agencies or 182
	238	+	departments thereof in relation to the duties of such land bank. 183
	239	+	(C) Obtain grant funds or borrow from private lenders, 184
	240	+	municipalities, regional councils of governments, the state or the 185
	241	+	federal government, as may be necessary, for the operation of such 186
	242	+	Connecticut brownfield land bank. 187
	243	+	(D) Procure insurance or guarantees from the state or federal 188
	244	+	government of the payments of any debts, or parts thereof, incurred by 189
	245	+	such Connecticut brownfield land bank, and to pay premiums in 190
	246	+	connection therewith. 191
	247	+	(E) Do all other things necessary or convenient to achieve the 192
	248	+	purposes of such Connecticut brownfield land bank and comply with 193
	249	+	any law relating to the purposes and responsibilities of such land 194
	250	+	bank. 195
	251	+	(F) Acquire real property, as described in subsection (b) of section 196
	252	+	32-775, as amended by this act, by purchase contracts, lease purchase 197 Substitute Bill No. 1092
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	259	+	agreements, installment sales contracts, land contracts and foreclosure 198
	260	+	of municipal tax liens. A Connecticut brownfield land bank may accept 199
	261	+	transfers of real property from municipalities upon such terms and 200
	262	+	conditions as agreed to by the brownfield land bank and the 201
	263	+	municipality. Notwithstanding any provision of the general statutes or 202
	264	+	of any special act, municipal charter or home rule ordinance, any 203
	265	+	municipality may transfer and convey to a Connecticut brownfield 204
	266	+	land bank real property and interests in real property located in the 205
	267	+	municipality on such terms and conditions and according to such 206
	268	+	procedures as determined by the municipality. 207
	269	+	(b) A Connecticut brownfield land bank shall neither possess nor 208
	270	+	exercise the power of eminent domain. 209
	271	+	Sec. 3. Section 32-775 of the general statutes is repealed and the 210
	272	+	following is substituted in lieu thereof (Effective July 1, 2023): 211
	273	+	(a) A Connecticut brownfield land bank shall hold in its own name 212
	274	+	all real property acquired by such land bank irrespective of the 213
	275	+	identity of the transferor of such property. 214
	276	+	(b) A Connecticut brownfield land bank shall acquire only 215
	277	+	brownfield sites and other real property, located adjacent or in close 216
	278	+	proximity to brownfield sites to be acquired, that are (1) identified in a 217
	279	+	land banking agreement between such Connecticut brownfield land 218
	280	+	bank and the municipality in which such properties are located, or (2) 219
	281	+	identified in a land banking agreement between such Connecticut 220
	282	+	brownfield land bank and the regional council of governments that 221
	283	+	represents the municipality in which such properties are located. 222
	284	+	(c) A Connecticut brownfield land bank shall maintain and make 223
	285	+	available for public review and inspection an inventory of all real 224
	286	+	property held by such land bank. 225
	287	+	(d) A Connecticut brownfield land bank shall determine and set 226
	288	+	forth in policies and procedures the general terms and conditions for 227
	289	+	consideration to be received by such land bank for the transfer to such 228 Substitute Bill No. 1092
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	296	+	land bank of real property and interests in real property, which 229
	297	+	consideration may take the form of monetary payments and secured 230
	298	+	financial obligations, covenants and conditions related to the present 231
	299	+	and future use of such real property, contractual commitments of the 232
	300	+	transferee, and such other forms of consideration as determined by the 233
	301	+	board of directors to be in the best interest of such land bank. 234
	302	+	(e) A Connecticut brownfield land bank may convey, exchange, sell, 235
	303	+	transfer, lease as lessee, grant, release and demise, pledge and 236
	304	+	hypothecate any and all interests in, upon or to real property of the 237
	305	+	brownfield land bank, provided such land bank may only convey, 238
	306	+	exchange, transfer or sell real property with the approval of (1) the 239
	307	+	municipality in which such real property is located pursuant to the 240
	308	+	terms of a land banking ag reement entered into with such 241
	309	+	municipality, or (2) the regional council of governments that 242
	310	+	represents the municipality in which such real property is located, 243
	311	+	pursuant to the terms of a land banking agreement entered into with 244
	312	+	such regional council of governments. 245
	313	+	This act shall take effect as follows and shall amend the following
	314	+	sections:
	315	+
	316	+	Section 1 July 1, 2023 32-760
	317	+	Sec. 2 July 1, 2023 32-773
	318	+	Sec. 3 July 1, 2023 32-775
	319	+
	320	+	CE Joint Favorable Subst.
277	321