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GeoInsighter Summer/Fall 2007 Newsletter CT'S RESTORATION OF ITS BROWNFIELDS PROGRAM Return to the Newsletter Index Connecticut (CT) has begun to repoint the building blocks of its Brownfields program with new legislation set to strengthen its structure. With the recent passing of House Bill 7369 (the Bill) and Governor Jodi Rell's signing of Public Act 07-223, an Act Implementing the Recommendations of the Brownfield Task Force, the investigation, cleanup, and redevelopment of environmentally impacted underutilized or abandoned properties has been streamlined. It is anticipated that municipalities, developers, property owners, and not-for-profit organizations will all benefit. The Bill has begun to address possible hurdles, including financial assistance programs, regulatory assistance, and statewide planning. Let's hope the mortar sticks. 
The Bill took into consideration some of the recommendations identified by the Brownfield's Task Force as outlined in its February 2007 report. The Task Force was created in 1996 to evaluate strategies for providing long-term solutions for the State's Brownfield sites. In its 2007 report, the Task Force identified three recurring themes hindering the success of the CT Brownfields program, including: 1) organizational restructuring and timing, 2) funding and financing needs, and 3) regulatory challenges and liability concerns. The legislation, a broad-brush effort re-orienting multiple agencies and former legislation, was not intended to be a be-all, end-all solution to issues affecting the CT Brownfields program, but rather a step forward in addressing current obstacles. What's new is the restructuring of the Office of Brownfield Remediation and Development (OBRD). OBRD is now a unit of the Department of Economic and Community Development (DECD). One purpose of OBRD will be to bring a much needed coherence among CT agencies such as the DECD, Department of Environmental Protection (CTDEP), Department of Public Health, and CT Development Authority (CDA). A required outcome will be a memorandum of understanding between the agencies and clear responsibilities for Brownfield projects. This understanding will be supported by regular interagency liaison meetings to facilitate interdepartmental communication. OBRD's expanded duties will include technical and financial assistance for State and quasi-public agencies for streamlining both the remediation and development processes. OBRD will create a grant program from which funding can be obtained for foreclosures, development, remediation, investigation, reuse, or the sale of Brownfield properties. Grants may be made available to small businesses to reduce expenses associated with investigation and remediation. The Bill will also allow the CDA to guarantee bank loans for these purposes and to issue bonds to towns for remediating sites for both residential and mixed use development, not just commercial. The Bill will create the structure for a non-lapsing revolving loan fund for the program for which other State programs and sources will provide financial support. The legislation takes into account the role of the CT Licensed Environmental Professional (L.E.P.). With respect to remedial standards, Property owners will now have definitive timeframes in which they will know if a project can start and be overseen by an L.E.P. rather than be overseen directly by the CTDEP. As projects are often time sensitive, this change will hopefully alleviate delays in the review process. In some instances, the new legislation will require the use of an L.E.P. if not otherwise notified by the CTDEP within 75 days. However, for most voluntary cleanups and certain aspects of the Transfer Act Program, slowdowns due to direct CTDEP involvement may continue to hinder progress. Under the Act, the State can agree to a covenant not to sue before a property is remediated rather than having to wait until after. The Act supports a new pilot Brownfield identification and assessment program. The existing municipal Brownfields pilot program has been expanded from four to five participating towns. The towns will be selected based upon specific program-identified population densities, with a focus on feasibility, environmental, and public health benefits rather than just potential economic benefits. Funding for redevelopment is anticipated to be in place to back the pilot studies by 2010. Will the structure weather the storm? Areas yet to be addressed include greater incentives to the private sector to make it easier to develop, redevelop, reuse, or expand Brownfield properties. The Task Force will continue to audit and will provide additional direction in 2008. With the recognition that repair was needed and acknowledgement by the State, the water has been added to the mix and, hopefully, the building blocks will not crack. For additional information regarding OBRD, you can refer to the State website at www.ctbrownfields.gov. A copy of the 2007 Task Force report can be found at www.ctbrownfields.gov/ctbrownfields/lib/ctbrownfields/brownfield_task_force_final_report_2-7-07.pdf. Timothy O. Myjak, L.E.P. Return to the Newsletter
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