Connecticut 2025 Regular Session

Connecticut Senate Bill SB01404 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 5403 1 of 12
	3	+	LCO No. 5403 1 of 13
4	4
5	5		General Assembly Raised Bill No. 1404
6	6		January Session, 2025
7	7		LCO No. 5403
8	8
9	9
10	10		Referred to Committee on COMMERCE
11	11
12	12
13	13		Introduced by:
14	14		(CE)
	15	+
15	16
16	17
17	18
18	19		AN ACT CONCERNING CONFORMING ADJUSTMENTS TO SUPPORT
19	20		THE TRANSITION TO A RELEASED-BASED CLEANUP PROGRAM.
20	21		Be it enacted by the Senate and House of Representatives in General
21	22		Assembly convened:
22	23
23	24		Section 1. Subsection (a) of section 22a-134rr of the general statutes is 1
24	25		repealed and the following is substituted in lieu thereof (Effective from 2
25	26		passage): 3
26	27		(a) Any person who creates or maintains a release to the land and 4
27	28		waters of the state on or after the date when regulations are [first 5
28	29		adopted] effective after adoption pursuant to section 22a-134tt shall, 6
29	30		upon discovery of such release: (1) Report the release, if such a report is 7
30	31		required by the regulations adopted pursuant to section 22a-134tt, and 8
31	32		(2) remediate any release to the standards identified in regulations 9
32	33		adopted pursuant to section 22a-134tt. If any person fails to comply with 10
33	34		the provisions of this section and section 22a-134tt, such person shall be 11
34	35		liable for any costs incurred by the commissioner in accordance with 12
35	36		section 22a-451, or costs incurred by any other person who contains or 13
36	37		removes or otherwise mitigates the effects of such release in accordance 14
37		-	with section 22a-452. 15 Raised Bill No. 1404
	38	+	with section 22a-452. 15
	39	+	Raised Bill No. 1404
38	40
39	41
40		-	LCO 5403 2 of 12
	42	+
	43	+	LCO No. 5403 2 of 13
41	44
42	45		Sec. 2. Subdivision (1) of section 22a-134 of the general statutes is 16
43	46		repealed and the following is substituted in lieu thereof (Effective from 17
44	47		passage): 18
45	48		(1) "Transfer of establishment" means any transaction or proceeding, 19
46	49		on or before the effective date of regulations [are] adopted pursuant to 20
47	50		section 22a-134tt, through which an establishment undergoes a change 21
48	51		in ownership, but does not mean: 22
49	52		(A) Conveyance or extinguishment of an easement; 23
50	53		(B) Conveyance of an establishment through (i) a foreclosure, as 24
51	54		defined in subsection (b) of section 22a-452f, (ii) foreclosure of a 25
52	55		municipal tax lien pursuant to section 12-181, (iii) a tax warrant sale 26
53	56		pursuant to section 12-157, (iv) a transfer of title to a municipality by 27
54	57		deed in lieu of foreclosure, (v) an exercise of eminent domain by a 28
55	58		municipality or pursuant to section 8-128, 8-169e or 8-193 or by 29
56	59		condemnation pursuant to section 32-224 or purchase pursuant to a 30
57	60		resolution by the legislative body of a municipality authorizing the 31
58	61		acquisition through eminent domain for establishments that also meet 32
59	62		the definition of a brownfield, as defined in section 32-760, or (vi) a 33
60	63		subsequent transfer by such municipality that has acquired the property 34
61	64		pursuant to any mechanism described in subparagraphs (B)(i) to (B)(iii), 35
62	65		inclusive, of this subdivision or pursuant to the remedial action and 36
63	66		redevelopment municipal grant program established in section 32-763, 37
64	67		provided (I) the party acquiring the property from the municipality did 38
65	68		not establish, create or contribute to the contamination at the 39
66	69		establishment and is not affiliated with any person who established, 40
67	70		created or contributed to such contamination or with any person who is 41
68	71		or was an owner or certifying party for the establishment, and (II) on or 42
69	72		before the date the party acquires the property from the municipality, 43
70	73		such party or municipality enters and subsequently remains in the 44
71	74		voluntary remediation program administered by the commissioner 45
72	75		pursuant to section 22a-133x and remains in compliance with schedules 46
73	76		and approvals issued by the commissioner. For purposes of this 47
74		-	~~subparagraph, subsequent transfer by a municipality includes any 48~~ Raised Bill No. 1404
	77	+	Raised Bill No. 1404
75	78
76	79
77		-	LCO 5403 3 of 12
78	80
	81	+	LCO No. 5403 3 of 13
	82	+
	83	+	subparagraph, subsequent transfer by a municipality includes any 48
79	84		transfer to, from or between a municipality, municipal economic 49
80	85		development agency or entity created or operating under chapter 130 or 50
81	86		132, a nonprofit economic development corporation formed to promote 51
82	87		the common good, general welfare and economic development of a 52
83	88		municipality that is funded, either directly or through in-kind services, 53
84	89		in part by a municipality, a nonstock corporation or limited liability 54
85	90		company controlled or established by a municipality, municipal 55
86	91		economic development agency or entity created or operating under 56
87	92		chapter 130 or 132, or a Connecticut brownfield land bank; 57
88	93		(C) Conveyance of a deed in lieu of foreclosure to a lender, as defined 58
89	94		in and that qualifies for the secured lender exemption pursuant to 59
90	95		subsection (b) of section 22a-452f; 60
91	96		(D) Conveyance of a security interest, as defined in subdivision (7) of 61
92	97		subsection (b) of section 22a-452f; 62
93	98		(E) Termination of a lease and conveyance, assignment or execution 63
94	99		of a lease for a period less than ninety-nine years including conveyance, 64
95	100		assignment or execution of a lease with options or similar terms that will 65
96	101		extend the period of the leasehold to ninety-nine years, or from the 66
97	102		commencement of the leasehold, ninety-nine years, including 67
98	103		conveyance, assignment or execution of a lease with options or similar 68
99	104		terms that will extend the period of the leasehold to ninety-nine years, 69
100	105		or from the commencement of the leasehold; 70
101	106		(F) Any change in ownership approved by the Probate Court; 71
102	107		(G) Devolution of title to a surviving joint tenant, or to a trustee, 72
103	108		executor or administrator under the terms of a testamentary trust or 73
104	109		will, or by intestate succession; 74
105	110		(H) Corporate reorganization not substantially affecting the 75
106	111		ownership of the establishment; 76
107		-	(I) The issuance of stock or other securities of an entity which owns 77
108		-	or operates an establishment; 78 Raised Bill No. 1404
	112	+	Raised Bill No. 1404
109	113
110	114
111		-	LCO 5403 4 of 12
112	115
	116	+	LCO No. 5403 4 of 13
	117	+
	118	+	(I) The issuance of stock or other securities of an entity which owns 77
	119	+	or operates an establishment; 78
113	120		(J) The transfer of stock, securities or other ownership interests 79
114	121		representing fifty per cent or less of the ownership of the entity that 80
115	122		owns or operates the establishment; 81
116	123		(K) Any conveyance of an interest in an establishment where the 82
117	124		transferor is the sibling, spouse, child, parent, grandparent, child of a 83
118	125		sibling or sibling of a parent of the transferee; 84
119	126		(L) Conveyance of an interest in an establishment to a trustee of an 85
120	127		inter vivos trust created by the transferor solely for the benefit of one or 86
121	128		more siblings, spouses, children, parents, grandchildren, children of a 87
122	129		sibling or siblings of a parent of the transferor; 88
123	130		(M) Any conveyance of a portion of a parcel upon which portion no 89
124	131		establishment is or has been located and upon which there has not 90
125	132		occurred a discharge, spillage, uncontrolled loss, seepage or filtration of 91
126	133		hazardous waste, provided either the area of such portion is not greater 92
127	134		than fifty per cent of the area of such parcel or written notice of such 93
128	135		proposed conveyance and an environmental condition assessment form 94
129	136		for such parcel is provided to the commissioner sixty days prior to such 95
130	137		conveyance; 96
131	138		(N) Conveyance of a service station, as defined in subdivision (5) of 97
132	139		this section; 98
133	140		(O) Any conveyance of an establishment which, prior to July 1, 1997, 99
134	141		had been developed solely for residential use and such use has not 100
135	142		changed; 101
136	143		(P) Any conveyance of an establishment to any entity created or 102
137	144		operating under chapter 130 or 132, or to an urban rehabilitation agency, 103
138	145		as defined in section 8-292, or to a municipality under section 32-224, or 104
139	146		to Connecticut Innovations, Incorporated or any subsidiary of the 105
	147	+	Raised Bill No. 1404
	148	+
	149	+
	150	+
	151	+	LCO No. 5403 5 of 13
	152	+
140	153		corporation; 106
141	154		(Q) Any conveyance of a parcel in connection with the acquisition of 107
142		-	properties to effectuate the development of the overall project, as 108 Raised Bill No. 1404
143		-
144		-
145		-	LCO 5403 5 of 12
146		-
	155	+	properties to effectuate the development of the overall project, as 108
147	156		defined in section 32-651; 109
148	157		(R) The conversion of a general or limited partnership to a limited 110
149	158		liability company; 111
150	159		(S) The transfer of general partnership property held in the names of 112
151	160		all of its general partners to a general partnership which includes as 113
152	161		general partners immediately after the transfer all of the same persons 114
153	162		as were general partners immediately prior to the transfer; 115
154	163		(T) The transfer of general partnership property held in the names of 116
155	164		all of its general partners to a limited liability company which includes 117
156	165		as members immediately after the transfer all of the same persons as 118
157	166		were general partners immediately prior to the transfer; 119
158	167		(U) Acquisition of an establishment by any governmental or quasi-120
159	168		governmental condemning authority; 121
160	169		(V) Conveyance of a unit in a residential common interest 122
161	170		community; 123
162	171		(W) Acquisition and all subsequent transfers of an establishment (i) 124
163	172		that is in the abandoned brownfield cleanup program established 125
164	173		pursuant to section 32-768 or the brownfield remediation and 126
165	174		revitalization program established pursuant to section 32-769, provided 127
166	175		such establishment is in compliance with any applicable provisions of 128
167	176		the general statutes, or (ii) by a Connecticut brownfield land bank, 129
168	177		provided such establishment was entered into a remediation or liability 130
169	178		relief program under section 22a-133x, 22a-133y, as amended by this act, 131
170	179		32-768 or 32-769 and the transferor of such establishment is in 132
171	180		compliance with such program at the time of transfer of such 133
172	181		establishment or has completed the requirements of such program; 134
	182	+	Raised Bill No. 1404
	183	+
	184	+
	185	+
	186	+	LCO No. 5403 6 of 13
	187	+
173	188		(X) Any transfer of title from a municipality to a nonprofit 135
174	189		organization or from any entity to a nonprofit organization, as ordered 136
175	190		or approved by a bankruptcy court; 137
176		-	(Y) Conveyance from the Department of Transportation to the 138 Raised Bill No. 1404
177		-
178		-
179		-	LCO 5403 6 of 12
180		-
	191	+	(Y) Conveyance from the Department of Transportation to the 138
181	192		Connecticut Airport Authority of any properties comprising (i) Bradley 139
182	193		International Airport and all related improvements and facilities now in 140
183	194		existence and as hereafter acquired, added, extended, improved and 141
184	195		equipped, including any property or facilities purchased with funds of, 142
185	196		or revenues derived from, Bradley International Airport, and any other 143
186	197		property or facilities allocated by the state, the Connecticut Airport 144
187	198		Authority or otherwise to Bradley International Airport, (ii) the state-145
188	199		owned and operated general aviation airports, including Danielson 146
189	200		Airport, Groton/New London Airport, Hartford Brainard Airport, 147
190	201		Waterbury-Oxford Airport and Windham Airport and any such other 148
191	202		airport as may be owned, operated or managed by the Connecticut 149
192	203		Airport Authority and designated as general aviation airports, (iii) any 150
193	204		other airport as may be owned, operated or managed by the Connecticut 151
194	205		Airport Authority, and (iv) any airport site or any part thereof, 152
195	206		including, but not limited to, any restricted landing areas and any air 153
196	207		navigation facilities; or 154
197	208		(Z) The change in the name of a limited liability company as an 155
198	209		amendment to such company's certificate of organization, pursuant to 156
199	210		section 34-247a. 157
200	211		Sec. 3. Section 22a-6u of the general statutes is amended by adding 158
201	212		subsection (p) as follows (Effective October 1, 2025): 159
202	213		(NEW) (p) On and after the effective date of regulations adopted 160
203	214		pursuant to section 22a-134tt, the requirements of this section shall 161
204	215		apply only to releases that, pursuant to subsections (c) and (d) of section 162
205	216		22a-134rr, are not subject to the requirements of sections 22a-134qq to 163
206	217		22a-134xx, inclusive, and any hazard required to be reported by a 164
207	218		municipality or Connecticut brownfield land bank pursuant to 165
	219	+	Raised Bill No. 1404
	220	+
	221	+
	222	+
	223	+	LCO No. 5403 7 of 13
	224	+
208	225		subsection (b) of section 22a-133dd. 166
209	226		Sec. 4. Section 22a-133y of the general statutes is repealed and the 167
210	227		following is substituted in lieu thereof (Effective from passage): 168
211	228		(a) [On and after January 1, 1996] Before the effective date of 169
212		-	regulations adopted pursuant to section 22a-134tt, any licensed 170 Raised Bill No. 1404
213		-
214		-
215		-	LCO 5403 7 of 12
216		-
	229	+	regulations adopted pursuant to section 22a-134tt, any licensed 170
217	230		environmental professional licensed by the State Board of Examiners of 171
218	231		Environmental Professionals pursuant to section 22a-133v may, 172
219	232		pursuant to a voluntary site remediation conducted in accordance with 173
220	233		subsections (a) to (e), inclusive, of this section, conduct a Phase II 174
221	234		environmental site assessment or a Phase III investigation, prepare a 175
222	235		Phase III remedial action plan, supervise remediation or submit a final 176
223	236		remedial action report to the Commissioner of Energy and 177
224	237		Environmental Protection in accordance with the standards provided 178
225	238		for remediation in the regulations adopted by the commissioner under 179
226	239		section 22a-133k for any real property which has been subject to a spill 180
227	240		and which meets the following criteria: (1) Such property is located in 181
228	241		an area classified as GB or GC under the standards adopted by the 182
229	242		commissioner for classification of groundwater contamination; and (2) 183
230	243		such property is not the subject of any order issued by the commissioner 184
231	244		regarding such spill, consent order or stipulated judgment regarding 185
232	245		such spill. Any such professional employed by a municipality may 186
233	246		enter, without liability, upon any property within such municipality for 187
234	247		the purpose of performing an environmental site assessment or 188
235	248		investigation if the owner of such property is unknown or such property 189
236	249		is encumbered by a lien for taxes due to such municipality. Nothing in 190
237	250		this subsection shall affect the ability of any person, firm or corporation 191
238	251		to provide any of the services enumerated in this subsection in 192
239	252		connection with the remediation of contaminated real property other 193
240	253		than as provided for a voluntary site remediation conducted pursuant 194
241	254		to this section. 195
242	255		(b) Following any Phase II environmental site assessment or a Phase 196
243	256		III investigation for any such property, any Phase III remedial action 197
	257	+	Raised Bill No. 1404
	258	+
	259	+
	260	+
	261	+	LCO No. 5403 8 of 13
	262	+
244	263		plan prepared for purposes of a voluntary site remediation under 198
245	264		subsections (a) to (e), inclusive, of this section shall be prepared by a 199
246	265		licensed environmental professional in accordance with the standards 200
247	266		for such property adopted by the commissioner under section 22a-133k. 201
248	267		Prior to commencement of remedial action taken pursuant to such plan, 202
249	268		the owner of the property shall submit such plan to the commissioner 203
250		-	and shall: (1) Publish notice of the remedial action in a newspaper 204 Raised Bill No. 1404
251		-
252		-
253		-	LCO 5403 8 of 12
254		-
	269	+	and shall: (1) Publish notice of the remedial action in a newspaper 204
255	270		having a substantial circulation in the town where the property is 205
256	271		located; (2) notify the director of health of the municipality where the 206
257	272		parcel is located; and (3) either (A) erect and maintain for at least thirty 207
258	273		days in a legible condition a sign not less than six feet by four feet on the 208
259	274		property, which sign shall be clearly visible from the public highway, 209
260	275		and shall include the words "ENVIRONMENTAL CLEAN -UP IN 210
261	276		PROGRESS AT THIS SITE. FOR FURTHER INFORMATION 211
262	277		CONTACT:" and include a telephone number for an office from which 212
263	278		any interested person may obtain additional information about the 213
264	279		remedial action; or (B) mail notice of the remedial action to each owner 214
265	280		of record of property which abuts such property, at the address on the 215
266	281		last-completed grand list of the relevant town. The commissioner may 216
267	282		review such plan and may advise such owner as to the adequacy of such 217
268	283		plan. The remedial action shall be conducted under the supervision of a 218
269	284		licensed environmental professional. The commissioner shall expedite 219
270	285		the process for issuing any permits required under this title for such 220
271	286		action. The final remedial action report shall be submitted by a licensed 221
272	287		environmental professional. In preparing such report, the licensed 222
273	288		environmental professional shall render an opinion, in accordance with 223
274	289		the standard of care provided for in subsection (c) of section 22a-133w, 224
275	290		that the action taken to contain, remove or mitigate the spill is in 225
276	291		accordance with the remediation standards for such property adopted 226
277	292		by the commissioner under section 22a-133k. The owner of the property 227
278	293		shall maintain all records relating to such remedial action for a period 228
279	294		of not less than ten years and shall make such records available to the 229
280	295		commissioner at any time upon his request. 230
	296	+	Raised Bill No. 1404
	297	+
	298	+
	299	+
	300	+	LCO No. 5403 9 of 13
	301	+
281	302		(c) Any final remedial action report submitted to the commissioner 231
282	303		for such a property by a licensed environmental professional shall be 232
283	304		deemed approved unless, within sixty days of such submittal, the 233
284	305		commissioner determines, in his sole discretion, that an audit of such 234
285	306		remedial action is necessary to assess whether remedial action beyond 235
286	307		that which is indicated in such report is necessary for the protection of 236
287	308		human health or the environment. Such an audit shall be conducted 237
288		-	within six months of such determination. After completing such audit, 238 Raised Bill No. 1404
289		-
290		-
291		-	LCO 5403 9 of 12
292		-
	309	+	within six months of such determination. After completing such audit, 238
293	310		the commissioner may disapprove the report provided he shall give his 239
294	311		reasons therefor in writing and further provided such owner may 240
295	312		appeal such disapproval to the superior court in accordance with the 241
296	313		provisions of section 4-183. Prior to approving a final remedial action 242
297	314		report, the commissioner may enter into a memorandum of 243
298	315		understanding with the owner of such property with regard to any 244
299	316		further remedial action or monitoring activities on or at such property 245
300	317		which the commissioner deems necessary for the protection of human 246
301	318		health or the environment. 247
302	319		(d) Upon the approval of such report, the owner of the property shall 248
303	320		execute and record an environmental use restriction in accordance with 249
304	321		the provisions of section 22a-133o, unless a licensed environmental 250
305	322		professional presents evidence, satisfactory to the commissioner, that 251
306	323		the remediation has achieved a standard sufficient to render such a 252
307	324		restriction unnecessary and the commissioner issues a written finding 253
308	325		that such restriction is not necessary. Approval of a final remedial action 254
309	326		report pursuant to subsections (a) to (e), inclusive, of this section shall 255
310	327		be sufficient to support the filing of a Form II, as defined in section 22a-256
311	328		134, as amended by this act. 257
312	329		(e) Nothing in this section shall relieve any person of any obligation 258
313	330		to comply with sections 22a-134 to 22a-134e, inclusive, as amended by 259
314	331		this act. 260
315	332		(f) On or after the effective date of regulations adopted pursuant to 261
316	333		section 22a-134tt, any licensed environmental professional licensed by 262
	334	+	Raised Bill No. 1404
	335	+
	336	+
	337	+
	338	+	LCO No. 5403 10 of 13
	339	+
317	340		the State Board of Examiners of Environmental Professionals pursuant 263
318	341		to section 22a-133v may, pursuant to prevailing standards and 264
319	342		guidelines, conduct a parcel-wide Phase II environmental site 265
320	343		assessment and a parcel-wide Phase III investigation, for any parcel of 266
321	344		real property which has, or which may have been, subject to a release, 267
322	345		as defined in section 22a-134pp, for the purposes of entering such parcel 268
323	346		into a voluntary parcel-wide remediation program pursuant to 269
324	347		subsections (f) to (k), inclusive, of this section, except as provided by 270
325		-	subsection (g) of this section. Any such professional employed by a 271 Raised Bill No. 1404
326		-
327		-
328		-	LCO 5403 10 of 12
329		-
	348	+	subsection (g) of this section. Any such professional employed by a 271
330	349		municipality may enter, without liability, upon any property within 272
331	350		such municipality for the purpose of performing an environmental site 273
332	351		assessment or investigation if the owner of such property is unknown 274
333	352		or such property is encumbered by a lien for taxes due to such 275
334	353		municipality, or as otherwise provided for pursuant to section 22a-133e. 276
335	354		Nothing in subsections (f) to (k), inclusive, of this section shall affect the 277
336	355		ability of any person, firm or corporation to provide any of the services 278
337	356		described in this subsection in connection with the remediation of 279
338	357		contaminated real property other than as provided for a voluntary 280
339	358		parcel-wide remediation conducted pursuant to subsections (f) to (k), 281
340	359		inclusive, of this section. 282
341	360		(g) A parcel shall be eligible for voluntary parcel-wide remediation 283
342	361		pursuant to subsections (f) to (k), inclusive, of this section if such parcel 284
343	362		is not subject to sections 22a-134a to 22a-134e, inclusive, and sections 285
344	363		22a-134h and 22a-134i, the parcel is not the subject of any order issued 286
345	364		by the commissioner regarding one or more releases, or a consent order 287
346	365		or stipulated judgment regarding one or more releases, and a parcel-288
347	366		wide Phase II environmental site assessment is initiated before the 289
348	367		discovery of a release on a parcel subject to the requirements of chapter 290
349	368		445b for which a release remediation closure report has not previously 291
350	369		been prepared, or not more than sixty days following the discovery of a 292
351	370		release on a parcel for which a release remediation closure report has 293
352	371		not previously been prepared, provided any immediate actions 294
353	372		otherwise required by the regulations adopted pursuant to section 22a-295
	373	+	Raised Bill No. 1404
	374	+
	375	+
	376	+
	377	+	LCO No. 5403 11 of 13
	378	+
354	379		134tt are completed within a timeframe and in the manner required by 296
355	380		such regulations. 297
356	381		(h) Each release identified by a parcel-wide Phase II environmental 298
357	382		assessment conducted pursuant to subsection (g) of this section through 299
358	383		multiple lines of evidence or the laboratory analysis of samples taken 300
359	384		from the land and waters of the state shall be determined to be 301
360		-	discovered for the purposes of section 22a-134tt and any regulations 302
	385	+	discovered for the purposes of section 22a-134tt, and any regulations 302
361	386		adopted pursuant to said section. Not later than the earliest deadline to 303
362	387		report any release discovered pursuant to subsection (g) of this section, 304
363		-	as established in regulations adopted pursuant to section 22a-134tt, the 305 Raised Bill No. 1404
364		-
365		-
366		-	LCO 5403 11 of 12
367		-
	388	+	as established in regulations adopted pursuant to section 22a-134tt, the 305
368	389		environmental professional shall provide notice to the commissioner, on 306
369	390		a form prescribed by the commissioner, of the intent to enter the 307
370	391		voluntary parcel-wide cleanup program. Such form shall include, but 308
371	392		not be limited to, the date of the initiation of the Phase II environmental 309
372	393		site assessment, a description of the investigation conducted and the 310
373	394		identification each release discovered. 311
374	395		(i) Each release discovered pursuant to subsection (h) of this section 312
375		-	shall be subject to the requirements of chapter 445b and the regulations 313
	396	+	shall be subject to the requirements of chapter 445b, and the regulations 313
376	397		adopted pursuant to section 22a-134tt, provided: 314
377	398		(1) For each release discovered pursuant to subsection (g) of this 315
378	399		section, any investigation or characterization required to assign the 316
379	400		release to a cleanup tier shall be completed and submitted to the 317
380	401		commissioner not more than two years after the initiation of the parcel-318
381	402		wide Phase II environmental site assessment. The commissioner may 319
382	403		audit such submission and, if the commissioner determines that the 320
383	404		investigation or characterization is inadequate, may specify a schedule 321
384	405		for the completion of additional investigation or characterization. If 322
385	406		such additional investigation or characterization is not completed in 323
386	407		accordance with such schedule, the commissioner may subject each 324
387	408		release discovered pursuant to subsections (g) and (h) of this section to 325
388	409		the requirements of chapter 445b; 326
	410	+	Raised Bill No. 1404
	411	+
	412	+
	413	+
	414	+	LCO No. 5403 12 of 13
	415	+
389	416		(2) Upon completion of tier characterization, each release discovered 327
390	417		pursuant to subsections (g) and (h) of this section shall be grouped 328
391	418		together for the purpose of assignment to cleanup tier in accordance 329
392	419		with regulations adopted pursuant to section 22a-134tt. Such releases 330
393	420		shall be assigned to the environmental professional supervised cleanup 331
394	421		tier with the longest timeline for remediation; 332
395	422		(3) To the extent each release discovered pursuant to subsections (g) 333
396	423		and (h) of this section is subject to any fee assessed by regulations 334
397	424		adopted pursuant to section 22a-134tt, releases grouped together 335
398	425		pursuant to subdivision (2) of this subsection shall be considered a 336
399		-	single release for the purpose of calculating the fee assessed; and 337 Raised Bill No. 1404
400		-
401		-
402		-	LCO 5403 12 of 12
403		-
	426	+	single release for the purpose of calculating the fee assessed; and 337
404	427		(4) Any deadline for remediation of releases grouped together 338
405	428		pursuant to subdivision (2) of this subsection that is established by 339
406	429		regulations adopted pursuant to section 22a-134tt shall be extended by 340
407	430		one year. 341
408	431		(j) Any parcel remediated pursuant to the requirements of 342
409	432		subsections (f) to (k), inclusive, of this section shall be eligible for a 343
410	433		covenant not to sue pursuant to section 22a-133aa, provided a detailed 344
411	434		written plan for remediation of the property, in accordance with 345
412	435		standards adopted by the commissioner pursuant to section 22a-134tt, 346
413	436		has been approved by the commissioner. 347
414	437		(k) The commissioner shall expedite the process for issuing any 348
415	438		permits required under this title for parcel-wide remediation. 349
416	439		This act shall take effect as follows and shall amend the following
417	440		sections:
418	441
419	442		Section 1 from passage 22a-134rr(a)
420	443		Sec. 2 from passage 22a-134(1)
421	444		Sec. 3 October 1, 2025 22a-6u(p)
422	445		Sec. 4 from passage 22a-133y
423	446
424		-	CE Joint Favorable
	447	+	Raised Bill No. 1404
	448	+
	449	+
	450	+
	451	+	LCO No. 5403 13 of 13
	452	+
	453	+	Statement of Purpose:
	454	+	To establish a transition period from the Transfer Act to regulations that
	455	+	provide for release-based cleanup remediation standards.
	456	+
	457	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	458	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	459	+	underlined.]
425	460