Sec. 32-1m. Annual report re activities of Department of Economic and Community Development. (a) 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 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, the measures taken by the commissioner during the preceding state fiscal year
to encourage the growth of economic clusters and the amount of bond funds expended
by the department during the previous fiscal year on each economic cluster.
(8) (A) A summary of the department's brownfield-related efforts and activities
within the Office of Brownfield Remediation and Development established pursuant to
subsections (a) to (f), inclusive, of section 32-9cc 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;
(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; and
(C) A summary of the department's efforts with regard to the dry cleaning grant
program, established pursuant to section 12-263m, including, but not limited to, (i)
information as to the number of applications received, (ii) the number and amounts of
grants made since the inception of the program, (iii) the names of the applicants, (iv)
the time period between submission of application and the decision to grant or deny the
loan, (v) which applications were approved and which applications were denied and the
reasons for any denials, and (vi) a recommendation as to whether the surcharge and
grant program established pursuant to section 12-263m should continue.
(9) The following information 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
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 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) A comprehensive assessment of current and future needs for rental assistance
under section 8-119kk for housing projects for the elderly and disabled, in consultation
with the Connecticut Housing Finance Authority;
(C) An analysis of the progress of the public and private sectors toward meeting
housing needs in the state, using building permit data from the United States Census
Bureau and demolition data from Connecticut municipalities;
(D) A list of municipalities that meet the affordable housing criteria set forth in
subsection (k) of section 8-30g, 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; and
(E) 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 (i) the 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) the total number of elderly units created
for the total portfolio and for projects receiving an assistance award in the preceding
state fiscal year, (iii) the total number of family units created for the total portfolio and
for projects receiving an assistance award in the preceding state fiscal year, (iv) the 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) the total number of
elderly units preserved for the total portfolio and for projects receiving an assistance
award in the preceding state fiscal year, (vi) the 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 Housing Trust Fund and Housing Trust Fund program, as
those terms are defined in section 8-336m:
(A) Activities for the prior fiscal year of the Housing Trust Fund and the Housing
Trust Fund program; and
(B) The efforts of the department to obtain private support for the Housing Trust
Fund and the Housing Trust Fund program.
(15) 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 time 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.
(16) 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.
(b) Any annual report that is required from the department by any provision of
the general statutes shall be incorporated into the annual report provided pursuant to
subsection (a) of this section.
(P.A. 05-191, S. 1; P.A. 06-184, S. 2; 06-196, S. 265; P.A. 07-171, S. 1.)
History: P.A. 06-184 amended Subdiv. (8) by making a technical change and adding reference to Office of Brownfield
Remediation and Development and summary requirement re "tracking of all funds administered through or by said office"
and made technical changes in Subdiv. (12)(B), effective July 1, 2006; P.A. 06-196 made technical changes in Subdiv.
(12)(B), effective June 7, 2006; P.A. 07-171 designated existing provisions as Subsec. (a), amended Subsec. (a) by deleting
"at application" in Subdiv. (3)(B)(iv), requiring notice of amount of bond funds expended in Subdiv. (7), adding Subdiv.
(8)(C) re information on dry cleaning grant program, adding new Subdiv. (10)(B) re assessment of rental assistance needs,
adding new Subdiv. (14) re Housing Trust Fund and making technical changes, and added Subsec. (b) re inclusion of all
required department reports in annual report.
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Sec. 32-1o. State economic strategic plan. (a) On or before July 1, 2009, and
every five years thereafter, the Commissioner of Economic and Community Development, within available appropriations, shall prepare an economic strategic plan for the
state in consultation with the Secretary of the Office of Policy and Management, the
Commissioners of Environmental Protection and Transportation, the Labor Commissioner, the executive directors of the Connecticut Housing Finance Authority, the Connecticut Development Authority, the Connecticut Innovations, Inc., the Commission
on Culture and Tourism and the Connecticut Health and Educational Facilities Authority, and the president of the Office of Workforce Competitiveness, or their respective
designees, and any other agencies the Commissioner of Economic and Community
Development deems appropriate.
(b) In developing the plan, the Commissioner of Economic and Community Development shall:
(1) Ensure that the plan is consistent with (A) the text and locational guide map of
the state plan of conservation and development, adopted pursuant to chapter 297, (B)
the long-range state housing plan, adopted pursuant to section 8-37t, and (C) the transportation strategy adopted pursuant to section 13b-57g;
(2) Consult regional councils of governments, regional planning organizations, regional economic development agencies, interested state and local officials, entities involved in economic and community development, stakeholders and business, economic,
labor, community and housing organizations;
(3) Consider (A) regional economic, community and housing development plans,
and (B) applicable state and local workforce investment strategies;
(4) Assess and evaluate the economic development challenges and opportunities
of the state and against the economic development competitiveness of other states and
regions; and
(5) Host regional forums to provide for public involvement in the planning process.
(c) The strategic plan required under this section shall include, but not be limited
to, the following:
(1) A review and evaluation of the economy of the state. Such review and evaluation
shall include, but not be limited to, a sectoral analysis, housing market and housing
affordability analysis, labor market and labor quality analysis, demographic analysis
and include historic trend analysis and projections;
(2) A review and analysis of factors, issues and forces that impact or impede economic development and responsible growth in Connecticut and its constituent regions.
Such factors, issues or forces shall include, but not be limited to, transportation, including, but not limited to, commuter transit, rail and barge freight, technology transfer,
brownfield remediation and development, health care delivery and costs, early education, primary education, secondary and postsecondary education systems and student
performance, business regulation, labor force quality and sustainability, social services
costs and delivery systems, affordable and workforce housing cost and availability, land
use policy, emergency preparedness, taxation, availability of capital and energy costs
and supply;
(3) Identification and analysis of economic clusters that are growing or declining
within the state;
(4) An analysis of targeted industry sectors in the state that (A) identifies those
industry sectors that are of current or future importance to the growth of the state's
economy and to its global competitive position, (B) identifies what those industry sectors
need for continued growth, and (C) identifies, those industry sectors current and potential
impediments to growth;
(5) A review and evaluation of the economic development structure in the state,
including, but not limited to, (A) a review and analysis of the past and current economic,
community and housing development structures, budgets and policies, efforts and responsibilities of its constituent parts in Connecticut; and (B) an analysis of the performance of the current economic, community and housing development structure, and its
individual constituent parts, in meeting its statutory obligations, responsibilities and
mandates and their impact on economic development and responsible growth in Connecticut;
(6) Establishment and articulation of a vision for Connecticut that identifies where
the state should be in five, ten, fifteen and twenty years;
(7) Establishment of clear and measurable goals and objectives for the state and
regions, to meet the short and long-term goals established under this section and provide
clear steps and strategies to achieve said goals and objectives, including, but not limited
to, the following: (A) The promotion of economic development and opportunity, (B)
the fostering of effective transportation access and choice including the use of airports
and ports for economic development, (C) enhancement and protection of the environment, (D) maximization of the effective development and use of the workforce consistent
with applicable state or local workforce investment strategy, (E) promotion of the use
of technology in economic development, including access to high-speed telecommunications, and (F) the balance of resources through sound management of physical development;
(8) Prioritization of goals and objectives established under this section;
(9) Establishment of relevant measures that clearly identify and quantify (A)
whether a goal and objective is being met at the state, regional, local and private sector
level, and (B) cause and effect relationships, and provides a clear and replicable measurement methodology;
(10) Recommendations on how the state can best achieve goals under the strategic
plan and provide cost estimates for implementation of the plan and the projected return
on investment for those areas; and
(11) Any other responsible growth information that the commissioner deems appropriate.
(d) On or before July 1, 2009, and every five years thereafter, the Commissioner
of Economic and Community Development shall submit an economic development
strategic plan for the state to the Governor for approval. The Governor shall review and
approve or disapprove such plan not more than sixty days after submission. The plan
shall be effective upon approval by the Governor or sixty days after the date of submission.
(e) Upon approval, the commissioner shall submit the economic development strategic plan to the joint standing committees of the General Assembly having cognizance
of matters relating to commerce, planning and development, appropriations and the
budgets of state agencies and finance, revenue and bonding. Not later than thirty days
after such submission, the commissioner shall post the plan on the web site of the Department of Economic and Community Development.
(f) The commissioner from time to time, may revise and update the strategic plan
upon approval of the Governor. The commissioner shall post any such revisions on the
web site of the Department of Economic and Community Development.
(P.A. 07-239, S. 4.)
History: P.A. 07-239 effective July 11, 2007.
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Sec. 32-4h. Economic cluster bond funds report. Not later than August 1, 1997,
and annually thereafter, the chairperson of the board of directors of the Connecticut
Development Authority and the chairperson of the board of directors of Connecticut
Innovations, Incorporated shall submit a report to the joint standing committee of the
General Assembly having cognizance of matters relating to the Department of Economic
and Community Development, in accordance with the provisions of section 11-4a,
which details the amount of bond funds expended during the previous fiscal year on
each economic cluster in the state by the quasi-public agency administered by such
chairperson.
(P.A. 96-252, S. 4, 8; P.A. 07-171, S. 5.)
History: P.A. 96-252 effective July 1, 1996; P.A. 07-171 removed Commissioner of Economic and Community Development as entity responsible for report.
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Sec. 32-9cc. Office of Brownfield Remediation and Development.
"Brownfields" defined. (a) There is established, within the Department of Economic
and Community Development, an Office of Brownfield Remediation and Development.
(b) The office shall:
(1) Develop procedures and policies for streamlining the process for brownfield
remediation and development;
(2) Identify existing and potential sources of funding for brownfield remediation
and develop procedures for expediting the application for and release of such funds;
(3) Establish an office to provide assistance and information concerning the state's
technical assistance, funding, regulatory and permitting programs;
(4) Provide a single point of contact for financial and technical assistance from the
state and quasi-public agencies;
(5) Develop a common application to be used by all state and quasi-public entities
providing financial assistance for brownfield assessment, remediation and development; and
(6) Identify and prioritize state-wide brownfield development opportunities; and
(7) Develop and execute a communication and outreach program to educate municipalities, economic development agencies, property owners and potential property owners and other organizations and individuals with regard to state policies and procedures
for brownfield remediation.
(c) Subject to the availability of funds, there shall be a state-funded pilot program
to identify brownfield remediation economic opportunities in five Connecticut municipalities, one of which shall have a population of less than fifty thousand, one of which
shall have a population of more than fifty thousand but less than one hundred thousand,
two of which shall have populations of more than one hundred thousand and one of
which shall be selected without regard to population. The Commissioner of Economic
and Community Development shall designate five pilot municipalities in which untreated brownfields hinder economic development and shall make grants under such
pilot program to these municipalities or economic development agencies associated
with each of the five municipalities that are likely to produce significant economic
development benefit for the designated municipality.
(d) The Department of Environmental Protection, the Connecticut Development
Authority and the Department of Public Health shall each designate one or more staff
members to act as a liaison between their offices and the Office of Brownfield Remediation and Development. The Commissioners of Economic and Community Development,
Environmental Protection and Public Health and the executive director of the Connecticut Development Authority shall enter into a memorandum of understanding concerning
each entity's responsibilities with respect to the Office of Brownfield Remediation and
Development. The Office of Brownfield Remediation and Development may 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 volunteers may assist the Office of
Brownfield Remediation and Development in achieving the goals of this section.
(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.
(f) Brownfield sites identified for funding under the pilot program established in
subsection (c) of this section shall receive priority review status from the Department
of Environmental Protection. Each property funded under this program shall be investigated in accordance with prevailing standards and guidelines and remediated in accordance with the regulations established for the remediation of such sites adopted by the
Commissioner of Environmental Protection or pursuant to section 22a-133k and under
the supervision of the department or in accordance with the voluntary remediation program established in section 22a-133x. In either event, the department shall determine
that remediation of the property has been fully implemented upon submission of a report
indicating that remediation has been verified by an environmental professional licensed
in accordance with section 22a-133v. Not later than ninety days after submission of
the verification report, the Commissioner of Environmental Protection shall notify the
municipality or economic development agency as to whether the remediation has been
performed and completed in accordance with the remediation standards or whether any
additional remediation is warranted. For purposes of acknowledging that the remediation is complete, the commissioner may indicate that all actions to remediate any pollution caused by any release have been taken in accordance with the remediation standards
and that no further remediation is necessary to achieve compliance except postremediation monitoring, natural attenuation monitoring or the recording of an environmental
land use restriction.
(g) All relevant terms in this subsection, subsection (h) of this section, sections
32-9dd to 32-9ff, inclusive, and section 11 of public act 06-184* shall be defined in
accordance with the definitions in chapter 445. For purposes of subdivision (12) of
subsection (a) of section 32-9t, this subsection, subsection (h) of this section, sections
32-9dd to 32-9gg, inclusive, and section 11 of public act 06-184*, "brownfields" means
any abandoned or underutilized site where redevelopment and reuse has not occurred
due to the presence of pollution in the soil or groundwater that requires remediation
prior to or in conjunction with the restoration, redevelopment and reuse of the property.
(h) The Departments of Economic and Community Development and Environmental Protection shall administer the provisions of subdivision (1) of section 22a-134,
section 32-1m, subdivision (12) of subsection (a) of section 32-9t, sections 32-9cc to
32-9gg, inclusive, and section 11 of public act 06-184* within available appropriations
and any funds allocated pursuant to sections 4-66c, 22a-133t and 32-9t.
(P.A. 06-184, S. 1, 8, 13; P.A. 07-233, S. 1.)
*Note: Section 11 of public act 06-184 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.
History: P.A. 06-184 effective July 1, 2006; P.A. 07-233 amended Subsec. (a) to establish office within Department
of Economic and Community Development, amended Subsec. (b)(1) to add brownfield development, amended Subsec.
(b)(2) to change "identify existing and create new" to "identify existing and potential" and delete limitation that sources
of funding be available to municipalities or economic development agencies, amended Subsec. (b)(3) to require establishment of office to provide assistance and information, added new Subsec. (b)(4) and (5), redesignated existing Subsec.
(b)(4) as Subsec. (b)(6), deleted former Subsec. (b)(5), redesignated existing Subsec. (b)(6) as Subsec. (b)(7) and amended
same to provide for communication and outreach program, amended Subsec. (c) to make pilot program subject to the
availability of funds, to change number of municipalities from 4 to 5, to change population requirement for the smallest
participating municipality from more than 25,000 but less than 50,000 to less than 50,000, to add a municipality chosen
without regard to population size, and to designate Commissioner of Economic and Community Development as authority
to assign municipalities to the pilot program, amended Subsec. (d) to add Department of Public Health, to change designation
from one staff member to one or more staff members, to require Commissioners of Economic and Community Development,
Environmental Protection and Public Health and the executive director of Connecticut Development Authority to enter
into a memorandum of understanding, to change "shall" to "may" re develop and recruit two volunteers, to delete reference
to liaisons and office's response team, and to make requirement that volunteers assist the office discretionary, and amended
Subsec. (f) to require that each property funded under program be investigated in accordance with prevailing standards
and guidelines, to provide that submitted report be a verification report, and to provide that Commissioner of Environmental
Protection notify municipality or economic development agency, effective July 1, 2007.
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Sec. 32-9ee. Brownfield remediation pilot program and grants. (a) The municipality or economic development agency that receives grants through the Office of
Brownfield Remediation and Development's pilot program established in subsection
(c) of section 32-9cc shall be considered an innocent party and shall not be liable under
section 22a-432, 22a-433, 22a-451 or 22a-452 as long as the municipality or economic
development agency did not cause or contribute to the discharge, spillage, uncontrolled
loss, seepage or filtration of such hazardous substance, material, waste or pollution that
is subject to remediation under this pilot program; does not exacerbate the conditions;
and complies with reporting of significant environmental hazard requirements in section
22a-6u.
(b) In determining what funds shall be made available for an eligible brownfield
remediation, the Commissioner of Economic and Community Development shall consider (1) the economic development opportunities such reuse and redevelopment may
provide, (2) the feasibility of the project, (3) the environmental and public health benefits
of the project, and (4) the contribution of the reuse and redevelopment to the municipality's tax base.
(c) No person shall acquire title to or hold, possess or maintain any interest in a
property that has been remediated in accordance with the pilot program established in
subsection (c) of section 32-9cc if such person (1) is liable under section 22a-432, 22a-433, 22a-451 or 22a-452; (2) is otherwise responsible, directly or indirectly, for the
discharge, spillage, uncontrolled loss, seepage or filtration of such hazardous substance,
material or waste; (3) is a member, officer, manager, director, shareholder, subsidiary,
successor of, related to, or affiliated with, directly or indirectly, the person who is otherwise liable to under section 22a-432, 22a-433, 22a-451 or 22a-452; or (4) is or was an
owner, operator or tenant. If such person elects to acquire title to or hold, possess or
maintain any interest in the property, that person shall reimburse the state of Connecticut,
the municipality and the economic development agency for any and all costs expended
to perform the investigation and remediation of the property, plus interest at a rate of
eighteen per cent.
(P.A. 06-184, S. 4, 5, 7; P.A. 07-233, S. 2.)
History: P.A. 06-184 effective July 1, 2006; P.A. 07-233 amended Subsec. (b) to provide that available funds are for
"an eligible" brownfield remediation and that Commissioner of Economic and Community Development, rather than
Office of Brownfield Remediation and Development, makes determination, added new Subdivs. (2) and (3) and redesignated existing Subdiv. (2) as Subdiv. (4), effective July 1, 2007.
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Sec. 32-9kk. Financial assistance for eligible brownfield projects. Definitions.
Brownfield remediation and development account. (a) As used in subsections (b) to
(i), inclusive, of this section:
(1) "Brownfield" means any abandoned or underutilized site where redevelopment
and reuse has not occurred due to the presence or potential presence of pollution in the
buildings, soil or groundwater that requires remediation before or in conjunction with
the restoration, redevelopment and reuse of the property;
(2) "Commissioner" means the Commissioner of Economic and Community Development;
(3) "Department" means the Department of Economic and Community Development;
(4) "Eligible applicant" means any municipality, a for-profit or nonprofit organization or entity, a local or regional economic development entity acting on behalf of a
municipality or any combination thereof;
(5) "Financial assistance" means grants, extensions of credit, loans or loan guarantees, participation interests in loans made to eligible applicants by the Connecticut Development Authority or combinations thereof;
(6) "Municipality" means a town, city, consolidated town and city or consolidated
town and borough;
(7) "Eligible brownfield project" means the assessment, remediation and development of a brownfield undertaken pursuant to this subsection and subsections (b) to (i),
inclusive, of this section;
(8) "Project area" means the area within which a brownfield development project
is located;
(9) "Real property" means land, buildings and other structures and improvements
thereto, subterranean or subsurface rights, any and all easements, air rights and franchises of any kind or nature; and
(10) "State" means the state of Connecticut.
(b) Subject to the availability of funds, the Commissioner of Economic and Community Development may, in consultation with the Commissioner of Environmental Protection, provide financial assistance in support of eligible brownfield projects, as defined
in subdivision (7) of subsection (a) of this section.
(c) An eligible applicant, as defined in subdivision (4) of subsection (a) of this
section, shall submit an application for financial assistance to the Commissioner of
Economic and Community Development on forms provided by said commissioner and
with such information said commissioner deems necessary, including, but not limited
to: (1) A description of the proposed project; (2) an explanation of the expected benefits
of the project in relation to the purposes of subsections (a) to (i), inclusive, of this section;
(3) information concerning the financial and technical capacity of the eligible applicant
to undertake the proposed project; (4) a project budget; (5) a description of the condition
of the property involved including the results of any environmental assessment of the
property; and (6) the names of any persons known to be liable for the remediation of
the property.
(d) The commissioner may approve, reject or modify any application properly submitted. In reviewing an application and determining the type and amount of financial
assistance, if any, to be provided, the commissioner shall consider the following criteria:
(1) The availability of funds; (2) the estimated costs of assessing and remediating the
site, if known; (3) the relative economic condition of the municipality; (4) the relative
need of the eligible project for financial assistance; (5) the degree to which financial
assistance is necessary as an inducement to the eligible applicant to undertake the project;
(6) the public health and environmental benefits of the project; (7) relative economic
benefits of the project to the municipality, the region and the state, including, but not
limited to, the extent to which the project will likely result in the retention and creation
of jobs; (8) the time frame in which the contamination occurred; (9) the relationship of
the applicant to the person or entity that caused the contamination; and (10) such other
criteria as the commissioner may establish consistent with the purposes of subsection
(a) to (i), inclusive, of this section.
(e) The Commissioner of Economic and Community Development shall approve
applications submitted in accordance with subsection (c) of this section before awarding
any financial assistance to an eligible applicant or purchasing any participation interest
in a loan made by the Connecticut Development Authority for the benefit of an eligible
applicant. Notwithstanding any other provision of this section, if the applicant's request
for financial assistance involves the department purchasing a participation interest in a
loan made by the Connecticut Development Authority, such authority may submit such
application and other information as is required of eligible applicants under subsection
(c) of this section on behalf of such eligible applicant and no further application shall
be required of such eligible applicant. No financial assistance shall exceed fifty per cent
of the total project cost, provided in the case of (1) planning or site evaluation projects,
and (2) financial assistance to any project in a targeted investment community, such
assistance shall not exceed ninety per cent of the project cost. Upon approval of the
commissioner, a nonstate share of the total project cost, if any, may be satisfied entirely
or partially from noncash contributions, including contributions of real property, from
private sources or, to the extent permitted by federal law, from moneys received by the
municipality under any federal grant program.
(f) Financial assistance may be made available for (1) site investigation and assessment, (2) planning and engineering, including, but not limited to, the reasonable cost of
environmental consultants, laboratory analysis, investigatory and remedial contractors,
architects, attorneys' fees, feasibility studies, appraisals, market studies and related activities, (3) the acquisition of real property, provided financial assistance for such acquisition shall not exceed fair market value as appraised as if clean, (4) the construction of
site and infrastructure improvements related to the site remediation, (5) demolition,
asbestos abatement, hazardous waste removal, PCB removal and related infrastructure
remedial activities, (6) remediation, groundwater monitoring, including, but not limited
to, natural attenuation groundwater monitoring and costs associated with filing an environmental land use restriction, (7) environmental insurance, and (8) other reasonable
expenses the commissioner determines are necessary or appropriate for the initiation,
implementation and completion of the project. The department may purchase participation interests in loans made by the Connecticut Development Authority for the foregoing
purposes.
(g) The commissioner may establish the terms and conditions of any financial assistance provided pursuant to subsections (a) to (i), inclusive, of this section. The commissioner may make any stipulation in connection with an offer of financial assistance the
commissioner deems necessary to implement the policies and purposes of such sections,
including, but not limited to the following: (1) Providing assurances that the eligible
applicant will discharge its obligations in connection with the project; and (2) requiring
that the eligible applicant provide the department with appropriate security for such
financial assistance, including, but not limited to, a letter of credit, a lien on real property
or a security interest in goods, equipment, inventory or other property of any kind.
(h) The commissioner may use any available funds for financial assistance under
the provisions of subsections (a) to (i), inclusive, of this section.
(i) Whenever funds are used pursuant to subsections (a) to (i), inclusive, of this
section for purposes of environmental assessments or remediation of a brownfield, the
Commissioner of Environmental Protection may seek reimbursement of the costs and
expenses incurred by requesting the Attorney General to bring a civil action to recover
such costs and expenses from any party responsible for such pollution provided no such
action shall be brought separately from any action to recover costs and expenses incurred
by the Commissioner of Environmental Protection in pursuing action to contain, remove
or mitigate any pollution on such site. The costs and expenses recovered may include,
but shall not be limited to, (1) the actual cost of identifying, evaluating, planning for
and undertaking the remediation of the site; (2) any administrative costs not exceeding
ten per cent of the actual costs; (3) the costs of recovering the reimbursement; and (4)
interest on the actual costs at a rate of ten per cent a year from the date such expenses
were paid. The defendant in any civil action brought pursuant to this subsection shall
have no cause of action or claim for contribution against any person with whom the
Commissioner of Environmental Protection has entered into a covenant not to sue pursuant to sections 22a-133aa and 22a-133bb with respect to pollution on or emanating from
the property that is the subject of said civil action. Funds recovered pursuant to this
section shall be deposited in the brownfield remediation and development account established pursuant to subsections (j) to (m), inclusive, of this section. The provisions of
this subsection shall be in addition to any other remedies provided by law.
(j) There is established a separate nonlapsing account within the General Fund to
be known as the "brownfield remediation and development account". There shall be
deposited in the account: (1) The proceeds of bonds issued by the state for deposit into
said account and used in accordance with this section; (2) repayments of assistance
provided pursuant to subsection (c) of section 22a-133u; (3) interest or other income
earned on the investment of moneys in the account; (4) funds recovered pursuant to
subsection (i) of this section; and (5) all funds required by law to be deposited in the
account. Repayment of principal and interest on loans made pursuant to subsections (a)
to (i), inclusive, of this section shall be credited to such account and shall become part
of the assets of the account. Any balance remaining in such account at the end of any
fiscal year shall be carried forward in the account for the fiscal year next succeeding.
(k) All moneys received in consideration of financial assistance, including payments of principal and interest on any loans, shall be credited to the account. At the
discretion of the Commissioner of Economic and Community Development and subject
to the approval of the Secretary of the Office of Policy and Management, any federal,
private or other moneys received by the state in connection with projects undertaken
pursuant to subsections (a) to (i), inclusive, of this section shall be credited to the assets
of the account.
(l) Notwithstanding any provision of law, proceeds from the sale of bonds available
pursuant to subdivision (1) of subsection (b) of section 4-66c may, with the approval
of the Governor and the State Bond Commission, be used to capitalize the brownfield
remediation and development account created by subsections (j) to (m), inclusive, of
this section.
(m) The commissioner may, with the approval of the Secretary of the Office of
Policy and Management, provide financial assistance pursuant to subsections (a) to
(i), inclusive, of this section from the account established under subsection (j) to (m),
inclusive, of this section.
(P.A. 07-233, S. 3-6.)
History: P.A. 07-233 effective July 1, 2007.
See Sec. 32-22b re Connecticut Development Authority's loan guarantee program.
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