Environment/land use:
Brownfields, eminent domain, regulatory reform bills approved

(June 26, 2007) Some of the most notable legislative changes this year came in the areas of brownfield redevelopment, regulatory reform and eminent domain.

Brownfield redevelopment
HB-7369 (Public Act 07-233) implements reforms that will encourage more investment in brownfield redevelopment in the state. Changes include new financial tools as well as administrative changes to help streamline and bring finality to the regulatory process.

The bill expands the Office of Brownfields Remediation and Development and authorizes the Department of Economic and Community Development to offer new financing opportunties to developers, municipalities and nonprofits.

It also calls for several state economic-development-related agencies to formally establish how they will interact with the brownfields redevelopment office to improve efficiency and coordination. In addition, the bill establishes certain deadlines for DEP audits of cleanups and modifies the state’s covenant-not-to-sue program. And the Brownfields Task Force, established in 2007, is extended in order to develop further recommendations in time for next year’s legislative session.

Regulatory relief
Lawmakers approved SB-1358 (Public Act 07-45), which promotes greater consistency between federal and state environmental standards. The act clarifies that whenever the Department of Environmental Protection (DEP) proposes new regulations or standards regarding activities that are already federally regulated, the DEP will have to identify how the proposed state regulations vary from federal requirements and explain why any differences are necessary.

Eminent domain
SB-167 (PA 07-141) is a compromise between proposals of people wanting to block the use of eminent domain entirely for economic development purposes and others who wanted to protect property owners while also recognizing the importance of eminent domain as a tool for renewing blighted areas.

The act requires public hearings on all proposed acquisitions by eminent domain, and a two-thirds vote of local governing boards determining that the acquisition is “reasonably necessary” to help the town achieve its development goals, and that its public benefit outweighs any private benefits. Property owners also get additional legal protections.

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

CBIA Action Center

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