Sec. 32-9ee. Brownfield remediation pilot program and grants. - Connecticut Statutes

      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.