OLR Bill Analysis

SB 271 (File 411, as amended by Senate “A” and House “A”)*

AN ACT CONCERNING FLOODPLAIN MANAGEMENT AND MILL PROPERTIES.

SUMMARY:

Current law requires Department of Environmental Protection (DEP) approval, or an exemption from that approval, for certain state agency actions in or affecting floodplains. In seeking DEP approval, an agency proposing an activity or critical activity (see BACKGROUND) must certify to the commissioner, among other things, that the proposal promotes long-term, non-intensive floodplain uses and has utilities located to discourage floodplain development.

The bill exempts from this certification requirement a proposal to use a mill located on a brownfield if the proposing agency demonstrates that the activity (1) is subject to state environmental remediation regulations, (2) is limited to the area of the property where mill uses have historically occurred, and (3) complies with the National Flood Insurance Program (NFIP). An agency proposing a critical activity also must show the commissioner that the proposed critical activity is above the 500-year flood elevation.

*Senate Amendment “A” replaced the original bill. It exempted from the certification requirement a proposal to reuse mills and other brownfields if the proposing agency satisfies the commissioner that the activity met the above requirements.

*House Amendment “A” rewords Senate Amendment "A" by (1) allowing for the use, rather than the reuse, of a mill; (2) requiring that the mill be located on a brownfield; (3) eliminating the requirement that the agency demonstrate the above requirements to the commissioner's satisfaction; and (4) changing the effective date from October 1, 2009 to upon passage.

EFFECTIVE DATE: Upon passage

BACKGROUND

Flood Management Program

In deciding whether to approve or reject a proposed action in or affecting a floodplain, DEP must consider, among other things, if the action (1) will pose a flood hazard to human life, health, or property; (2) is consistent with NFIP and local floodplain regulations; and (3) promotes long-term non-intensive floodplain uses (CGS §§ 25-68b to- 68n).

Activity

An “activity” is a proposed state action in a floodplain or that affects natural or man-made storm drainage facilities located on property the commissioner determines is under state control (CGS § 25-68b (1)).

Critical Activity

A “critical activity” is an activity, including treating, storing and disposing of hazardous waste; or the siting of hospitals, housing for the elderly, schools or homes in the 0. 2% floodplain in which the commissioner determines that a slight chance of flooding is too great (CGS § 25-68b (4)).

National Flood Insurance Program

The NFIP enables property owners in participating communities to purchase insurance as a protection against flood losses in exchange for state and community floodplain management regulations that reduce future flood damages. Participation in the NFIP is based on an agreement between communities and the federal government (44 CFR § 59).

COMMITTEE ACTION

Environment Committee

Joint Favorable

Planning and Development Committee

Joint Favorable