SB 1092 — AN ACT CONCERNING THE ACQUISITION AND CONVEYANCE OF CERTAIN PROPERTIES BY CONNECTICUT BROWNFIELD LAND BANKS.

Substitute Senate GeneralBill Assembly File No.

2971092 JanuaryPublic Session,Act 2023 Substitute Senate Bill No.

109223-58 Senate,AN MarchACT 29,CONCERNING 2023THE TheACQUISITION CommitteeAND onCONVEYANCE CommerceOF reportedCERTAIN throughPROPERTIES SEN.BY CONNECTICUT BROWNFIELD LAND BANKS.

HARTLEY of the 15th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING THE ACQUISITION AND CONVEYANCE OF CERTAIN PROPERTIES BY CONNECTICUT BROWNFIELD LAND BANKS.

(B) Such person made all appropriate inquiries, as set forth in 40 CFR Part 312, into the previous ownership and uses of the property in accordance with generally accepted good commercial and customary sSB1092standards /and Filepractices, No.including, but not limited to, the standardsand practicesset forthinthe ASTM StandardPractice for EnvironmentalSite Assessments, Phase I Environmental Site Assessment Process, in effect on the date such person acquired the property.

297In 1the sSB1092case Fileof property Substitute Senate Bill No.

2971092 standardsin andresidential practices,or including,other butsimilar notuse limitedat to, the standardsandtime practicessetof forthintheASTMpurchase StandardPracticeby fora EnvironmentalSitenongovernmental Assessments,or Phasenoncommercial Ientity, Environmentala Siteproperty Assessmentinspection Process,and ina effecttitle onsearch thethat datereveal suchno personbasis acquiredfor further investigation shall be considered to satisfy the property.requirements of this subparagraph;

In the case of property in residential or other similar use at the time of purchase by a nongovernmental or noncommercial entity, a property inspection and a title search that reveal no basis for further investigation shall be considered to satisfy the requirements of this subparagraph;

(2) "Brownfield" means any abandoned or underutilized site where redevelopment,reuseor expansionhasnot occurreddue tothepresence or potential presence of pollution in the buildings, soil or groundwater sSB1092that /requires Fileinvestigation No.or remediation before or in conjunction with the redevelopment, reuse or expansion of the property;

297Public 2Act sSB1092 File No.

29723-58 that2 requiresof investigation9 orSubstitute remediationSenate beforeBill orNo. in conjunction with the redevelopment, reuse or expansion of the property;

1092 (3) "Commissioner" means the Commissioner of Economic and Community Development;

(A) With respect to the property owned by such person, such person takesreasonable stepsto (i)stopany continuing releaseofanyrelease ofany regulated substance released on or from the property, (ii) prevent any threatened future release of any regulated substance released on or from the property, and (iii) prevent or limit human, environmental or natural resource exposure to any regulated substance released on or from the property;

sSB1092Public /Act File No.

29723-58 3 sSB1092of File9 Substitute Senate Bill No.

2971092 (5) "Department" means the Department of Economic and Community Development;

(10) "Interim verification" has the same meaning as provided in sectionPublic 22a-134;Act No.

(11)23-58 "Manufacturing4 facility"of means9 aSubstitute businessSenate establishmentBill sSB1092 / File No.

2971092 4section sSB109222a-134; File No.

297(11) "Manufacturing facility" means a business establishment classified under sector 31, 32 or 33 of the North American Industrial Classification System;

[(17)]Public (19)Act "Release"No. means any discharge, spillage, uncontrolled loss, seepage, filtration, leakage, injection, escape, dumping, pumping, pouring, emitting, emptying or disposal of a substance;

[(18)]23-58 (20)5 "Remediationof standards"9 hasSubstitute theSenate sameBill meaning as sSB1092 / File No.

2971092 5[(17)] sSB1092(19) File"Release" No.means any discharge, spillage, uncontrolled loss, seepage, filtration, leakage, injection, escape, dumping, pumping, pouring, emitting, emptying or disposal of a substance;

297[(18)] (20) "Remediation standards" has the same meaning as provided in section 22a-134;

(a) The purposes of a Connecticut brownfield land bank shall be to (1) acquire, retain, remediate and sell brownfields in the state on behalf of municipalities pursuant to land banking agreements with such municipalities, (2) acquire, retain, remediate and sell brownfields in the state for the purpose of enhancing the aquatic life and environmental quality of one or more rivers of the state, pursuant to land banking agreements with regional councils of governments that represent the municipalities in which such brownfields are located, (3) educate government officials, community leaders,Public economicAct developmentNo. agencies and nonprofit organizations on best practices for redeveloping brownfields, and [(3)] (4) engage in all other activities in accordance with sections 32-771 to 32-775, inclusive, as amended by this act.

In23-58 addition6 toof those9 powers,Substitute rights,Senate privilegesBill and immunities granted under chapter 602, a Connecticut brownfield land bank is authorized sSB1092 / File No.

2971092 6leaders, sSB1092economic Filedevelopment No.agencies and nonprofit organizations on best practices for redeveloping brownfields, and [(3)] (4) engage in all other activities in accordance with sections 32-771 to 32-775, inclusive, as amended by this act.

297In addition to those powers, rights, privileges and immunities granted under chapter 602, a Connecticut brownfield land bank is authorized and empowered to do the following in furtherance of its purposes:

(E) Do all other things necessary or convenient to achieve the purposesPublic ofAct suchNo. Connecticut brownfield land bank and comply with any law relating to the purposes and responsibilities of such land bank.

23-58 7 of 9 Substitute Senate Bill No.

1092 purposes of such Connecticut brownfield land bank and comply with any law relating to the purposes and responsibilities of such land bank.

A Connecticut brownfield land bank may accept transfers of real property from municipalities upon such terms and conditions as agreed to by the brownfield land bank and the sSB1092municipality. / File No.

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297 municipality.

(c)Public AAct ConnecticutNo. brownfield land bank shall maintain and make available for public review and inspection an inventory of all real property held by such land bank.

(d)23-58 A8 Connecticut brownfield land bank shall determine and set forth in policies and procedures the general terms and conditions for consideration to be received by such land bank for the transfer to such land bank of real9 propertySubstitute andSenate interestsBill in real property, which consideration may take the form of monetary payments and secured financial obligations, covenants and conditions related to the present and future use of such real property, contractual commitments of the sSB1092 / File No.

2971092 8(c) sSB1092A FileConnecticut No.brownfield land bank shall maintain and make available for public review and inspection an inventory of all real property held by such land bank.

297(d) A Connecticut brownfield land bank shall determine and set forth in policies and procedures the general terms and conditions for consideration to be received by such land bank for the transfer to such land bank of real property and interests in real property, which consideration may take the form of monetary payments and secured financial obligations, covenants and conditions related to the present and future use of such real property, contractual commitments of the transferee, and such other forms of consideration as determined by the board of directors to be in the best interest of such land bank.

ThisApproved actJune shall26, take2023 effectPublic asAct followsNo. and shall amend the following sections: