2008 session in review:

Brownfields cleanup supported

(May 20,2008) Lawmakers continued a multi-year effort to promote the cleanup and redevelopment of brownfield properties in Connecticut through HB-5873, which restructures the state’s current financing program into separate grant and loan programs.

Both of these programs are open to municipalities, local and regional development authorities and nonprofit developers. In addition, for-profit developers may access the loan program.

Grants of up to $4 million may be used for any brownfield development projects and a wide variety of expenses associated with them. Under some circumstances, grant recipients may also loan the proceeds to redevelopers.
The loan program is open to current and prospective owners of brownfield properties “who seek to develop property for purposes of retaining or expanding jobs … or for developing housing to serve the needs of first-time home buyers.”

HB-5873 also expands the circumstances under which a municipality can investigate or assess contaminated property, specifies the municipality’s liability in doing so, requires the municipality to notify property owners before entering the property, and sets narrow grounds on which the owner can appeal the municipality’s decision to do so. Finally, the bill reestablishes the state’s Brownfields Task Force for a third year and requires the group to submit additional recommendations to the legislature by Jan. 1, 2009.

Environmental justice
HB-5145 (Public Act 08-94) affects the process for locating or expanding certain facilities — such as electric-generating or recycling facilities, landfills or those defined as a “major source of pollution” — in poor or distressed communities.

These facilities will now have to file a formal public participation plan with the DEP or Connecticut Siting Council and receive approval prior to filing an application for a permit, certificate or approval. In addition, they may also have to enter into a community environmental benefit agreement with the affected communities.

The new law also prohibits the permanent placement, disposal or storage of more than 1,000 cubic yards of soil with asbestos-containing material onto property adjacent to residences or at a height of more than four feet above existing grade without the approval of the municipality where the property is located.

For more information, contact CBIA’s Eric Brown at 860-244-1926 or eric.brown@cbia.com.