Connecticut Seal

General Assembly

 

Substitute Bill No. 5685

    February Session, 2006

*_____HB05685CE____031606____*

AN ACT CONCERNING BROWNFIELDS.

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

Section 1. (NEW) (Effective July 1, 2006) (a) There is established an Office of Brownfield Remediation and Development that shall be within the Department of Economic and Community Development for administrative purposes only.

(b) The office shall:

(1) Develop procedures and policies for streamlining the process for brownfield remediation;

(2) Identify existing and create new sources of funding for brownfield remediation and develop procedures for expediting the application for and release of such funds;

(3) Establish a place where property owners and potential property owners may facilitate compliance with state and federal clean up requirements and qualification for state funds;

(4) Identify and prioritize brownfield development opportunities;

(5) Analyze any action taken by other states, particularly New Jersey and Pennsylvania, regarding brownfield remediation and liability;

(6) Develop and execute an outreach program to educate property owners and potential property owners with regard to state policies and procedures for brownfield remediation;

(c) The Office of Brownfield Remediation and Development shall establish and operate a state-funded pilot program to identify brownfield remediation economic opportunities in four Connecticut municipalities, one of which shall have a population of more than twenty-five thousand but less than fifty thousand, one of which shall have a population of more than fifty thousand but less than one hundred thousand and two of which shall have populations of more than one hundred thousand. The Office of Brownfield Remediation and Development shall designate four pilot municipalities in which untreated brownfields hinder economic development and shall make grants under such pilot program that are likely to produce significant economic development benefit for the designated municipality.

(d) The Department of Environmental Protection and the Connecticut Development Authority shall each designate a staff member to act as a liaison between their offices and the Office of Brownfield Remediation and Development. The Office of Brownfield Remediation and Development shall develop and recruit two volunteers from the private sector, including a person from the Connecticut chapter of the National Brownfield Association, with experience in different aspects of brownfield remediation and development. Said liaisons and volunteers shall assist the Office of Brownfield Remediation in achieving the goals of this section and, together, shall represent said office's response team.

(e) The Office of Brownfield Remediation and Development may call upon any other department, board, commission or other agency of the state to supply such reports, information and assistance as said office determines is appropriate to carry out its duties and responsibilities. Each officer or employee of such office, department, board, commission or other agency of the state is authorized and directed to cooperate with the Office of Brownfield Remediation and Development and to furnish such reports, information and assistance.

Sec. 2. Section 22a-452 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) Any person [, firm, corporation] or municipality which contains or removes or otherwise mitigates the effects of oil or petroleum or chemical liquids or solid, liquid or gaseous products or hazardous wastes or hazardous substances resulting from any discharge, spillage, uncontrolled loss, seepage or filtration of such substance or material or waste shall be entitled to reimbursement or recovery from any person [, firm or corporation] for the reasonable costs expended or to be expended for such containment, removal, or mitigation, including the reasonable costs of investigation and monitoring, if such oil or petroleum or chemical liquids or solid, liquid or gaseous products or hazardous wastes or hazardous substances pollution or contamination or other emergency [resulted from the negligence or other actions of such person, firm or corporation] (1) was directly or indirectly caused by such person, or (2) such person, regardless of fault, is one of the following: (A) The owner or operator of a facility, (B) any person who, at the time of disposal of any hazardous substance, owned or operated any facility at which such hazardous substances were disposed of, (C) any person who, by contract, agreement or otherwise, arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity at any facility owned or operated by another party or entity and containing such hazardous substances, and (D) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities or sites selected by such person, from which there is any discharge, spillage, uncontrolled loss, seepage or filtration of hazardous substances, for the reasonable costs expended or to be expended for such containment, removal or mitigation, including the reasonable costs of investigation and monitoring. When such pollution or contamination or emergency results from the joint [negligence or other] actions or omissions of two or more persons, [firms or corporations,] each shall be liable to the others for a pro rata share of the costs of containing, and removing or otherwise mitigating the effects of the same and for all damage caused thereby. For purposes of this section, "hazardous substances" has the same meaning as provided in section 22a-134 and "owner and operator" and "facility" have the same meaning as provided in 42 USC 9601.

(b) No person [, firm or corporation which] who renders assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of oil or petroleum or chemical liquids or solid, liquid or gaseous products or hazardous [materials] wastes or hazardous substances, other than a discharge of oil as defined in section 22a-457b, to the surface waters of the state, or [which] who assists in preventing, cleaning-up or disposing of any such discharge shall be held liable, notwithstanding any other provision of law, for civil damages as a result of any act or omission by him in rendering such assistance or advice, except acts or omissions amounting to gross negligence or wilful or wanton misconduct, unless he is compensated for such assistance or advice for more than actual expenses. For the purpose of this subsection, "discharge" means spillage, uncontrolled loss, seepage or filtration. [and "hazardous materials" means any material or substance designated as such by any state or federal law or regulation.]

(c) The immunity provided in this section shall not apply to (1) any person [, firm or corporation] responsible for such discharge, or under a duty to mitigate the effects of such discharge, (2) any agency or instrumentality of such person, firm or corporation, or (3) negligence in the operation of a motor vehicle.

(d) An action for reimbursement or recovery of the reasonable costs expended for containment, removal or mitigation, including the reasonable costs of investigation and monitoring shall be commenced not later than six years after initiation of the physical on-site construction of the remedial action taken to contain, remove or mitigate the effects of oil or petroleum or chemical liquids or solid, liquid or gaseous products or hazardous wastes or hazardous substances, or three years after the completion of the containment, removal or mitigation activities, whichever is later.

(e) In any action brought pursuant to this section, the Superior Court may issue an order granting the reimbursement or recovery of reasonable costs to be incurred in the future.

(f) A person shall not be liable under this section where the person can establish by a preponderance of the evidence that the discharge, spillage, uncontrolled loss, seepage or filtration of a hazardous substance and the resulting damages were caused solely by (1) an act of God, (2) an act of war, (3) an act or omission of a third party other than an employee or agent of the person, other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the person, except where the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail, if the person establishes by a preponderance of the evidence that such person (A) exercised due care with respect to the hazardous substance taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances, and (B) took precautions against foreseeable acts or omissions of any such third party and the consequences that could forseeably result from such acts or omissions, or (4) any combination of the foregoing.

(g) This section shall apply to any action brought before, on or after July 1, 2006, for the reimbursement or recovery of the reasonable costs for containment, removal or mitigation, including the reasonable costs of investigation and monitoring, except that it shall not apply to any action if such action has become final, and is no longer subject to appeal, prior to July 1, 2006.

Sec. 3. Section 32-1m of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

Not later than February 1, 2006, and annually thereafter, the Commissioner of Economic and Community Development shall submit a report to the Governor and the General Assembly, in accordance with the provisions of section 11-4a. Not later than thirty days after submission of the report to the Governor and the General Assembly, said commissioner shall post the report on the Department of Economic and Community Development's web site. Said report shall include, but not be limited to, the following information with regard to the activities of the Department of Economic and Community Development during the preceding state fiscal year:

(1) A brief description and assessment of the state's economy during such year, utilizing the most recent and reasonably available data, and including:

(A) Connecticut employment by industry;

(B) Connecticut and national average unemployment;

(C) Connecticut gross state product, by industry;

(D) Connecticut productivity, by industry, compared to the national average;

(E) Connecticut manufacturing activity;

(F) Identification of economic and competitive conditions affecting Connecticut's industry sectors, problems resulting from these conditions and state efforts to address the problems; and

(G) Any other economic information that the commissioner deems appropriate.

(2) A statement of the department's economic and community development objectives, measures of program success and standards for granting financial and nonfinancial assistance under programs administered by the department.

(3) An analysis of the economic development portfolio of the department, including:

(A) A list of the names, addresses and locations of all recipients of the department's assistance;

(B) The following information concerning each recipient of such assistance: (i) Business activities, (ii) standard industrial classification codes or North American industrial classification codes, (iii) number of full-time jobs and part-time jobs at the time of application, (iv) number of actual full-time jobs and actual part-time jobs at application during the preceding state fiscal year, (v) whether the recipient is a minority or woman-owned business, (vi) a summary of the terms and conditions for the assistance, including the type and amount of state financial assistance, job creation or retention requirements and anticipated wage rates, (vii) the amount of investments from private and other nonstate sources that have been leveraged by the assistance, (viii) the extent to which employees of the recipient participate in health benefit plans offered by such recipient, (ix) the extent to which the recipient offers unique economic, social, cultural or aesthetic attributes to the municipality in which the recipient is located or to the state, and (x) the amount of state investment;

(C) A portfolio analysis, including (i) an analysis of the wages paid by recipients of financial assistance, (ii) the average portfolio wage, median portfolio wage, highest and lowest portfolio wage, (iii) portfolio wage data by industry, and (iv) portfolio wage data by municipality;

(D) An investment analysis, including (i) total portfolio value, (ii) total investment by industry, (iii) portfolio dollar per job average, (iv) portfolio leverage ratio, and (v) percentage of financial assistance which was provided to high performance work organizations in the preceding state fiscal year; and

(E) An analysis of the estimated economic effects of the department's economic development investments on the state's economy, including (i) contribution to gross state product for the total economic development portfolio and for any investment activity occurring in the preceding state fiscal year, (ii) direct and indirect employment created by the investments for the total portfolio and for any investment activity occurring in the preceding state fiscal year, (iii) productivity of recipients of financial assistance as a result of the department's investment occurring in the preceding state fiscal year, (iv) directly or indirectly increased property values in the municipalities in which the recipients of assistance are located, and (v) personal income.

(4) An analysis of the community development portfolio of the department, including:

(A) A list of the names, addresses and locations of all recipients of the department's assistance;

(B) The following information concerning each recipient of such assistance: (i) Amount of state investment, (ii) a summary of the terms and conditions for the department's assistance, including the type and amount of state financial assistance, and (iii) the amount of investments from private and other nonstate sources that have been leveraged by such assistance;

(C) An investment analysis, including (i) total active portfolio value, (ii) total investments made in the preceding state fiscal year, (iii) total portfolio by municipality, (iv) total investments made in the preceding state fiscal year categorized by municipality, (v) total portfolio leverage ratio, and (vi) leverage ratio of the total investments made in the preceding state fiscal year; and

(D) An analysis of the estimated economic effects of the department's economic development investments on the state's economy, including (i) contribution to gross state product for the total portfolio and for any investment activity occurring in the preceding state fiscal year, (ii) direct and indirect employment created by the investments for the total portfolio and for any investment activity occurring in the preceding state fiscal year, (iii) productivity of recipients of financial assistance as a result of the department's investment occurring in the preceding state fiscal year, (iv) directly or indirectly increased property values in the municipalities in which the recipients are located, and (v) personal income.

(5) A summary of the department's economic and community development marketing efforts in the preceding state fiscal year, a summary of the department's business recruitment strategies and activities in such year, and a summary of the department's efforts to assist small businesses and minority business enterprises in such year.

(6) A summary of the department's international trade efforts in the preceding state fiscal year, and, to the extent possible, a summary of foreign direct investment that occurred in the state in such year.

(7) Identification of existing economic clusters, the formation of new economic clusters and the measures taken by the commissioner during the preceding state fiscal year to encourage the growth of economic clusters.

(8) (A) A summary of the department's brownfield-related efforts and activities within the Office of Brownfield Remediation and Development established pursuant to section 1 of this act in the preceding state fiscal year, except for activity under the Special Contaminated Property Remediation and Insurance Fund program. Such efforts shall include, but not be limited to, (i) total portfolio investment in brownfield remediation projects, (ii) total investment in brownfield remediation projects in the preceding state fiscal year, (iii) total number of brownfield remediation projects, (iv) total number of brownfield remediation projects in the preceding state fiscal year, (v) total of reclaimed and remediated acreage, (vi) total of reclaimed and remediated acreage in the preceding state fiscal year, (vii) leverage ratio for the total portfolio investment in brownfield remediation projects, and (viii) leverage ratio for the total portfolio investment in brownfield remediation projects in the preceding state fiscal year. Such summary shall include a list of such brownfield remediation projects and, for each such project, the name of the developer and the location by street address and municipality and a tracking of all funds administered through or by said office; and

(B) A summary of the department's efforts with regard to the Special Contaminated Property Remediation and Insurance Fund, including, but not limited to, (i) the number of applications received in the preceding state fiscal year, (ii) the number and amounts of loans made in such year, (iii) the names of the applicants for such loans, (iv) the average time period between submission of application and the decision to grant or deny the loan, (v) a list of the applications approved and the applications denied and the reasons for such denials, and (vi) for each project, the location by street address and municipality.

(9) The following concerning enterprise zones designated under section 32-70:

(A) A statement of the current goals for enterprise zones;

(B) A statement of the current performance standards to measure the progress of municipalities that have enterprise zones in attaining the goals for such zones;

(C) A report from each municipality that has an enterprise zone, which evaluates the progress of the municipality in meeting the performance standards established under subsection (a) of section 32-70a; and

(D) An assessment of the performance of each enterprise zone based on information collected under subparagraph (C) of this subdivision.

(10) With regard to the department's housing-development-related functions and activities:

(A) A brief description and assessment of the state's housing market during the preceding state fiscal year, utilizing the most recent and reasonably available data, and including, but not be limited to, (i) a brief description of the significant characteristics of such market, including supply, demand and condition and cost of housing, and (ii) any other information that the commissioner deems appropriate;

(B) An analysis of the progress of the public and private sector toward meeting housing needs in the state, using building permit data from the United States Census Bureau and demolition data from Connecticut municipalities;

(C) A list of municipalities that meet the affordable housing criteria set forth in subsection (k) of section 8-30g, as amended, pursuant to regulations that the Commissioner of Economic and Community Development shall adopt pursuant to the provisions of chapter 54. For the purpose of determining the percentage required by subsection (k) of said section 8-30g, the commissioner shall use as the denominator the number of dwelling units in the municipality, as reported in the most recent United States decennial census;

(D) A statement of the department's housing development objectives, measures of program success and standards for granting financial and nonfinancial assistance under programs administered by said commissioner.

(11) A presentation of the state funded housing development portfolio of the department, including:

(A) A list of the names, addresses and locations of all recipients of such assistance; and

(B) For each such recipient, (i) a summary of the terms and conditions for the assistance, including the type and amount of state financial assistance, (ii) the amount of investments from private and other nonstate sources that have been leveraged by the assistance, (iii) the number of new units to be created and the number of units to be preserved at the time of the application, and (iv) the number of actual new units created and number of units preserved.

(12) An analysis of the state funded housing development portfolio of the department, including:

(A) An investment analysis, including the (i) total active portfolio value, (ii) total investment made in the preceding state fiscal year, (iii) portfolio dollar per new unit created, (iv) estimated dollars per new unit created for projects receiving an assistance award in the preceding state fiscal year, (v) portfolio dollars per unit preserved, (vi) estimated dollar per unit preserved for projects receiving an assistance award in the preceding state fiscal year, (vii) portfolio leverage ratio, and (viii) leverage ratio for housing development investments made in the preceding state fiscal year; and

(B) A production and preservation analysis, including the (i) total number of units created, itemized by municipality for the total portfolio and projects receiving an assistance award in the preceding state fiscal year, (ii) total number of elderly units created for the total portfolio and for projects receiving an assistance award in the preceding state fiscal year, (iii) total number of family units created for the total portfolio and for projects receiving an assistance award in the preceding state fiscal year, (iv) total number of units preserved, itemized by municipality for the total portfolio and projects receiving an assistance award in the preceding state fiscal year, (v) total number of elderly units preserved for the total portfolio and for projects receiving an assistance award in the preceding state fiscal year, (vi) total number of family units preserved for the total portfolio and for projects receiving an assistance award in the preceding state fiscal year, (vii) an analysis by income group, of households served by the department's housing construction, substantial rehabilitation, purchase and rental assistance programs, for each housing development, if applicable, and for each program, including number of households served under each program by race and data for all households, and (viii) a summary of the department's efforts in promoting fair housing choice and racial and economic integration including data on the racial composition of the occupants and persons on the waiting list of each housing project that is assisted under any housing program established by the general statutes or a special act or that is supervised by the department, provided no information shall be required to be disclosed by any occupant or person on a waiting list for the preparation of such summary. As used in this subparagraph, "elderly units" means dwelling units for which occupancy is restricted by age, and "family units" means dwelling units for which occupancy is not restricted by age.

(13) An economic impact analysis of the department's housing development efforts and activities, including, but not limited to:

(A) The contribution of such efforts and activities to the gross state product;

(B) The direct and indirect employment created by the investments for the total housing development portfolio and for any investment activity for such portfolio occurring in the preceding state fiscal year; and

(C) Personal income in the state.

(14) With regard to the department's energy conservation loan program:

(A) The number of loans or deferred loans made during the preceding fiscal year under each component of such program and the total amount of the loans or deferred loans made during such fiscal year under each such component;

(B) A description of each step of the loan or deferred loan application and review process;

(C) The location of each loan or deferred loan application intake site for such program;

(D) The average period for the processing of loan or deferred loan applications during such fiscal year; and

(E) The total administrative expenses of such program for such fiscal year.

(15) A summary of the total social and economic impact of the department's efforts and activities in the areas of economic, community and housing development and an assessment of the department's performance in terms of meeting its stated goals and objectives.

Sec. 4. (Effective July 1, 2006) The sum of fifteen million dollars is appropriated to the Department of Economic and Community Development, from the General Fund, for the fiscal year ending June 30, 2007, for the Office of Brownfield Remediation and Development's projects and pilot program, as established in section 1 of this act.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2006

New section

Sec. 2

July 1, 2006

22a-452

Sec. 3

July 1, 2006

32-1m

Sec. 4

July 1, 2006

New section

Statement of Legislative Commissioners:

In the first sentence of subsection (a) of section 2, "expended" was inserted before "or to be" for clarity.

CE

Joint Favorable Subst.