Connecticut General Statutes 32-763 – Remedial action and redevelopment municipal grant program
(a) There is established a remedial action and redevelopment municipal grant program to be administered by the Department of Economic and Community Development for the purpose of providing grants pursuant to subsections (b) and (c) of this section.
Terms Used In Connecticut General Statutes 32-763
- banks: shall include all incorporated banks. See Connecticut General Statutes 1-1
- Brownfield: means any abandoned or underutilized site where redevelopment, reuse or expansion has not occurred due to the presence or potential presence of pollution in the buildings, soil or groundwater that requires investigation or remediation before or in conjunction with the redevelopment, reuse or expansion of the property. See Connecticut General Statutes 32-760
- Commissioner: means the Commissioner of Economic and Community Development. See Connecticut General Statutes 32-760
- Connecticut brownfield land bank: means a Connecticut nonstock corporation, certified by the Commissioner of Economic and Community Development pursuant to section 32-771, established for the purposes of (A) acquiring, retaining, remediating and selling brownfields in the state for the benefit of municipalities, (B) educating government officials, community leaders, economic development agencies and nonprofit organizations on best practices for redeveloping brownfields, and (C) engaging in all other activities in accordance with sections 32-771 to 32-775, inclusive. See Connecticut General Statutes 32-760
- Department: means the Department of Economic and Community Development. See Connecticut General Statutes 32-760
- Economic development agency: means (A) a municipal economic development agency or entity created or operating under chapter 130 or 132. See Connecticut General Statutes 32-760
- Eligible costs: means the costs associated with the investigation, assessment, remediation and development of a brownfield, including, but not limited to, (A) soil, groundwater and infrastructure investigation, (B) assessment, (C) remediation, (D) abatement, (E) hazardous materials or waste disposal, (F) long-term groundwater or natural attenuation monitoring, (G) (i) environmental land use restrictions, (ii) activity and use limitations, or (iii) other forms of institutional control, (H) attorneys' fees, (I) planning, engineering and environmental consulting, and (J) building and structural issues, including demolition, asbestos abatement, polychlorinated biphenyls removal, contaminated wood or paint removal, and other infrastructure remedial activities. See Connecticut General Statutes 32-760
- Financial assistance: means grants, loans or loan guarantees, or any combination thereof. See Connecticut General Statutes 32-760
- municipality: includes a district, as defined in section 7-324, a metropolitan area, as defined in section 7-333, and any political subdivision of the state that has the power to levy taxes and to issue bonds, notes or other obligations. See Connecticut General Statutes 32-760
- Person: means any individual, firm, partnership, association, syndicate, company, trust, corporation, nonstock corporation, limited liability company, municipality, economic development agency, agency or political or administrative subdivision of the state or any other legal entity. See Connecticut General Statutes 32-760
- State: means the state of Connecticut. See Connecticut General Statutes 32-760
(b) (1) Grants may be provided to municipalities, Connecticut brownfield land banks and economic development agencies for the eligible costs of brownfield remediation projects, brownfield assessment projects and reasonable administrative expenses not to exceed five per cent of any grant awarded. A grant awarded under this subsection shall not exceed four million dollars.
(2) A grant applicant shall submit an application for a grant under this subsection to the Commissioner of Economic and Community Development on forms provided by the commissioner and with such information the commissioner deems necessary, including, but not limited to: (A) A description of the proposed project; (B) an explanation of the expected benefits of the project in relation to the purposes of this section; (C) information concerning the financial and technical capacity of the applicant to undertake the proposed project; (D) a project budget; and (E) with respect to a brownfield remediation project, a description of the condition of the brownfield, including the results of any environmental assessment of the brownfield in the possession of or available to the applicant.
(3) The commissioner may approve, reject or modify any application properly submitted in accordance with the provisions of this subsection. The commissioner may not reject an application solely because a municipality has submitted more than one application in response to a request for applications. In reviewing an application and determining the amount of the grant, if any, to be provided, the commissioner shall consider the following criteria: (A) The availability of funds; (B) the estimated costs of assessing and remediating the brownfield, if known; (C) the relative economic condition of the municipality in which the brownfield is located; (D) the relative need of the project for financial assistance; (E) the degree to which a grant under this subsection is necessary to induce the applicant to undertake the project; (F) the public health and environmental benefits of the project; (G) the relative 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 a contribution to the municipality’s tax base, the retention and creation of jobs and the reduction of blight; (H) the time frame in which the contamination occurred; (I) the relationship of the applicant to the person or entity that caused the contamination; (J) the length of time the brownfield has been abandoned; (K) the taxes owed and the projected revenues that may be restored to the community; (L) the relative need for assessment of the brownfield within the municipality or region; (M) whether the brownfield is located in a federally designated opportunity zone; and (N) such other criteria as the commissioner may establish consistent with the purposes of this subsection.
(4) The commissioner shall award grants under this subsection on a competitive basis, based on a request for applications occurring at least twice annually. The commissioner may increase the frequency of requests for applications and awards depending upon the number of applicants and the availability of funding. A municipality may submit more than one application in response to a request for applications. On and after July 1, 2019, the commissioner shall give priority to grant applications for brownfields located in federally designated opportunity zones.
(5) If a grant recipient under this subsection is not subject to section 22a-134a, such recipient shall enter a program for remediation of the property pursuant to either section 22a-133x, 22a-133y, 32-768 or 32-769, as determined by the commissioner, except no such recipient shall be required to enter such a program if the grant funds are used (A) for the abatement of hazardous building materials and such recipient demonstrates to the satisfaction of the Commissioners of Economic and Community Development and Energy and Environmental Protection that such hazardous building materials represent the sole or sole remaining environmental contamination on the property, (B) solely for assessment of the brownfield, or (C) as provided in subdivision (7) of this subsection.
(6) The commissioner, in consultation with the Commissioner of Energy and Environmental Protection and following the award of a grant under this subsection to a municipality, Connecticut brownfield land bank or economic development agency pursuant to subdivisions (3) and (4) of this subsection, may award an additional grant to such municipality, Connecticut brownfield land bank or economic development agency to enable the completion of a brownfield remediation or assessment project, provided such project is identified as a priority by said commissioners and such additional grant funds (A) will be used to address unexpected cost overruns or costs related to remedial activities that will provide a greater environmental benefit than originally proposed pursuant to subdivision (2) of this subsection, (B) do not exceed fifty per cent of the original grant, and (C) will not result in more than four million dollars in total grants being awarded for a single brownfield remediation or assessment project.
(7) The commissioner may award grants under this subsection to any municipality, Connecticut brownfield land bank, economic development agency or regional council of governments organized under sections 4-124i to 4-124p, inclusive, for the eligible costs of developing a comprehensive plan for the remediation and redevelopment of multiple brownfields whenever such plan is consistent with the state plan of conservation and development, adopted pursuant to chapter 297, and the plan of conservation and development, adopted pursuant to section 8-23, for each municipality in which such brownfields are located. For purposes of this subsection, “eligible costs” shall also include expenditures associated with the development of any such plan for remediation and redevelopment.
(c) (1) The commissioner may award capacity building grants for operational expenses to any Connecticut brownfield land bank, provided such land bank (A) matches any state funds awarded pursuant to this subsection, and (B) has not previously been awarded a capacity building grant under this subsection. A grant awarded under this subsection shall not exceed fifty thousand dollars.
(2) Any Connecticut brownfield land bank may apply to the Commissioner of Economic and Community Development, in the form and manner prescribed by the commissioner, for a capacity building grant in an amount indicated by the Connecticut brownfield land bank. The Connecticut brownfield land bank shall include such information the commissioner deems necessary to determine whether to award such capacity building grant, in whole or in part, and to verify that such land bank has sufficient funds to match such amount and has not previously been awarded a capacity building grant under this subsection.
(d) The provisions of sections 32-5a and 32-701 shall not apply to grants provided pursuant to this section.