File No. 389

House of Representatives, April 12, 2012

The Committee on Commerce reported through REP. BERGER of the 73rd Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING ECONOMIC DEVELOPMENT THROUGH STREAMLINED AND IMPROVED BROWNFIELD REMEDIATION PROGRAMS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (Effective from passage) (a) On or before January 1, 2013, the Commissioner of Energy and Environmental Protection shall report, in accordance with the provisions of section 11-4a of the general statutes, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to commerce and the environment the results of an ongoing review of the general statutes as they relate to brownfield remediation and development and regulations promulgated pursuant to section 22a-133k of the general statutes. Such report shall include any recommended changes to such statutes and regulations or any recommendations for any new program for responding to hazardous material releases. Any recommendation for any such changes or new program shall consider the report submitted pursuant to section 6 of public act 11-141. In developing recommendations for such changes or new program, the commissioner shall also consider: (1) The potential effect on federally-delegated programs; (2) the potential impact on certain small business sectors and municipalities; (3) protection of human health and the environment; (4) improvements in responding to releases, including the greater use of and authority for licensed environmental professionals overseeing the investigation and remediation of releases; and (5) how any such changes or new program may facilitate remediation and economic development, including at properties with existing remediation responsibilities.

(b) For purposes of the report required pursuant to subsection (a) of this section, the commissioner shall also consider new and expanded means for periodically evaluating or auditing the effectiveness and efficiency of any such changes or new program to ensure, among other things, the appropriate exercise of authority by licensed environmental professionals and timely and effective action by those responsible for responding to releases. Such means may include, but are not limited to, the expanded use of the State Board of Examiners of Environmental Professionals established pursuant to section 22a-133v of the general statutes, that currently oversees licensed environmental professionals.

(c) For purposes of the report required pursuant to subsection (a) of this section, the commissioner shall also consider the most effective means to implement any such recommended program, including, but not limited to, the impact upon federally-delegated programs and the extent, if at all, to which any changes or program may be applicable to properties undergoing investigation and remediation under current statutory requirements.

Statement of Legislative Commissioners:

In section 1(a)(4), "the efficacy of" was changed to "improvements in", and, in sections 1(b) and 1(c), "For the purposes of the report required pursuant to subsection (a) of this section," was added for clarity.

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

The bill, which requires the Department of Energy and Environmental Protection (DEEP) to issue a report on brownfield remediation and development, is not anticipated to result in a fiscal impact.

The Out Years

State Impact: None

Municipal Impact: None

OLR Bill Analysis

sHB 5343

AN ACT CONCERNING ECONOMIC DEVELOPMENT THROUGH STREAMLINED AND IMPROVED BROWNFIELD REMEDIATION PROGRAMS.

SUMMARY:

The Office of Legislative Research does not analyze Special Acts.

COMMITTEE ACTION

Commerce Committee

Joint Favorable Substitute