Section 1 of this Act, effective October 1, 2006, amends Conn. Gen. Stat. § 4-181a(a) to provide that any agency decision made after reconsideration must be rendered not later than 90 days after the agency decides to reconsider its final decision. If the agency does not meet this deadline, the original decision remains the final decision for purposes of any appeal of a contested case under § 4-183. Additionally, except as provided above, an agency decision made after reconsideration replaces the final decision in a contested case for purposes of an appeal under § 4-183, including but not limited to (A) any issue decided by the agency in its original final decision that was not the subject of any petition for reconsideration or agency decision made after reconsideration, (B) any issue as to which reconsideration was requested, but not granted, or (C) any issue that was reconsidered, but not modified by the agency from the determination of such issue in the original final decision.

Section 2, effective October 1, 2006, amends Conn. Gen. Stat. § 4-183(c) and outlines the time period within which a person appealing pursuant to §§ 4-180 and 4-181a must serve and file a copy of the appeal. A person appealing pursuant to this section must serve a copy of the appeal on the agency that rendered the final decision and file a copy of the appeal with the clerk of the appropriate superior court in the following manner: within 45 days after the agency denies a petition for reconsideration of the final decision under § 4-181a(a)(1) as amended by this Act, or within 45 days after the mailing of the final decision made after reconsideration pursuant to § 4-181a(a)(3) and (4) as amended by this Act, or if there is no mailing, within 45 days after personal delivery of the final decision made after reconsideration pursuant to § 4-181a(a)(3) and (4), or within 45 days after the expiration of the 90-day period required by § 4-181a(a)(3), as amended by this Act, if the agency decides to reconsider the decision and fails to render a decision made after reconsideration within such period, whichever is applicable and is later.

Section 1 of this Act, effective October 1, 2006, amends Conn. Gen. Stat. § 16-1(a)(26) to replace "biomass facility" with "sustainable biomass facility," as defined in the amendment, in the definition of "Class 1 renewable energy source."

Section 2, effective October 1, 2006, is new and adds the definition of "sustainable biomass" to Conn. Gen. Stat. § 16-1(a).

Section 3, effective October 1, 2006, amends Conn. Gen. Stat. § 16-245a to allow an electric supplier or electric distribution company to satisfy the requirements for providing output or services from renewable energy services by (1) buying certificates issued by the New England Power Pool Generation Information System (provided the certificates are for (A) energy produced by a generating unit using Class I or II renewable energy sources provided that the generating unit is located in the jurisdiction of the regional independent system operator or (B) energy imported into the control area of the regional independent system operator pursuant to New England Power Pool Generation Information System Rule 2.7(c) in effect as of January 1, 2006); or (2) for those renewable energy certificates under contract to serve end-use customers in the state on or before October 1, 2006, participating in a renewable energy trading program within said jurisdictions as approved by the Department of Public Utility Control ("DPUC").

Section 4, effective October 1, 2006, amends Conn. Gen. Stat. § 22a-208x (disposal options for certain types of bulky waste) to allow certain types of construction and demolition waste to be disposed of at a biomass gasification plant that qualifies as a Class I renewable energy source. Additionally, certain construction or demolition wood generated at a residence that is considered municipal waste may be disposed of at a biomass gasification plant that qualifies as a Class I renewable energy source.

Section 5, effective October 1, 2006, amends Conn. Gen. Stat. § 22a-209a (certain processed wood and wood fuel excluded from regulation as solid waste) to provide that "regulated wood fuel user" now includes a biomass gasification plant. This section also defines "biomass gasification plant" and states that processed wood is not a solid waste if it is received for use at a biomass gasification plant and that nothing in the section prohibits a biomass gasification plant from accepting, processing and combusting wood that is not hazardous waste or is not otherwise prohibited by law.

Public Act No. 06-184

Section 1 of this Act, effective July 1, 2006, is new and creates an Office of Brownfield Remediation and Development ("OBRD") within the Department of Economic and Community Development. This section describes the role and responsibilities of the OBRD (develop procedures and policies for streamlining the process for brownfield remediation; establish and operate a state-funded pilot program to identify brownfield remediation economic opportunities in four Connecticut municipalities; designate four pilot municipalities in which untreated brownfields hinder economic development and make grants under such pilot program to these municipalities or economic development agencies associated with each of the four municipalities that are likely to produce significant economic development benefit for the designated municipality).

The DEP and the Connecticut Development Authority must designate a staff member to act as a liaison between their offices and the OBRD. The OBRD is to 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. The liaisons and volunteers represent the OBRD’s response team and are to assist OBRD to achieve the goals of this section.

OBRD is authorized to ask any other department, board, commission or state agency to supply such reports, information and assistance as the OBRD determines is appropriate to perform its duties and responsibilities. Each officer or employee of such office, department, board, commission or state agency is required to cooperate with the OBRD and to furnish such reports, information and assistance.

This section provides for priority review status from the DEP for brownfield sites identified for funding under the pilot program established under subsection (c) of this section. Each property funded under this program must be investigated and remediated in accordance with the DEP regulations established for the remediation of such site or pursuant to § 22a-133k and under the supervision of the DEP in accordance with the voluntary remediation program established under
§ 22a-133x. The DEP must 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 § 22a-133v. The DEP Commissioner is to 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 needed not later than ninety days after the submission of the report.

Section 2, effective July 1, 2006, amends § 32-1m (annual report regarding activities of Department of Economic and Community Development) of the 2006 supplement to the general statutes and requires that the Commissioner of Economic and Community Development’s annual report to the Governor and the General Assembly contain a summary of the OBRD brownfield-related efforts and activities. The summary is also to include a tracking of all funds administered through or by the OBRD.

Section 3, effective from passage, amends Conn. Gen. Stat. § 22a-134(1) (transfer of hazardous waste establishments: definitions) to provide that "transfer of establishment" does not include a conveyance of establishment through a tax warrant sale pursuant to § 12-157 or, provided the establishment is within the pilot program created by subsection (c) of section 1 of this Act, a subsequent transfer by such municipality that has foreclosed municipal tax liens or that has acquired title to the property through § 12-157.

Section 4, effective July 1, 2006, is new and provides that a municipality or economic development agency that gets grants through the OBRD’s pilot program established in subsection (c) of section 1 of this Act must be considered an innocent party and must not be liable under §§ 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 conditions and complies with the reporting of significant environmental hazard requirements under § 22a-6u.

Section 5, effective July 1, 2006, is new and requires the OBRD to consider the economic development opportunities that reuse and redevelopment may provide and the contribution of the reuse and redevelopment to the municipality’s tax base in determining what funds must be made available for brownfield remediation.

Section 6, effective July 1, 2006, is new and provides that an economic development agency or municipality may transfer certain property to any person provided the person is not otherwise liable under §§ 22a-432, 22a-433, 22a-451 or 22a-452 upon remediation of the brownfield property as approved by the DEP. The person who acquires title must not be liable under §§ 22a-432, 22a-433, 22a-451 or 22a-452, provided that such person does not cause or contribute to the discharge, spillage, uncontrolled loss, seepage or filtration of such hazardous substance, material or waste and such person is not a member, officer, manager, director, shareholder, subsidiary, successor of, related to, or affiliated, directly or indirectly, with the person who is otherwise liable under §§ 22a-432, 22a-433, 22a-451 or 22a-452. The DEP Commissioner is to provide such person with a covenant not to sue pursuant to § 22a-133 and must not require the prospective owner or purchaser to pay a fee. This section also describes how the municipality or economic development agency must distribute the proceeds of any sale (twenty percent must be kept by the municipality or economic development agency and used for capital improvements for economic development and eighty percent must be transferred to the OBRD and deposited in the account established pursuant to section 12 of this Act).

Section 7, effective July 1, 2006, is new and describes the persons who are prohibited from acquiring title to or holding, possessing or maintaining any interest in property that has been remediated in accordance with the pilot program in subsection (c) of section 1 of this Act. If such a person elects to acquire title or hold, possess, or maintain any interest in the property, the person must reimburse the state, the municipality and the economic development agency for any and all costs spent to perform the investigation and remediation of the property plus interest at a rate of eighteen percent.

Section 8, effective July 1, 2006, is new and provides that all relevant terms in sections 4 to 8, inclusive, and 11 to 13, inclusive, of this Act must be defined in accordance with the definitions in chapter 445 of the general statutes. For purposes of sections 4 to 13, inclusive, of this Act, "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.

Section 9, effective October 1, 2006, is new and states that, for purposes of this section, "brownfield" has the same meaning as in 42 U.S.C. § 9601 and "manufacturing establishments" means manufacturing establishments as defined in the North American Industrial Classification System, United States Office of Management and Budget, 1997 edition. This section also provides that existing owners of manufacturing facilities designated as brownfield sites must be eligible for any available remediation funds provided the owners satisfy certain conditions (demonstrate to the funding authority’s satisfaction they did not cause the release of any hazardous substances or petroleum at the brownfield site or demonstrate it did not knowingly cause injury to human health or the environment as a result of its disposal of hazardous substances or petroleum and has never been found guilty of knowingly or willfully violating an environmental law).

The funding authority must consider an owner’s ability to pay some or all of the remediation costs in determining what funds must be made available for brownfield remediation. The funding authority is to give preference to owners who demonstrate a limited ability to pay for such remediation. The funding authority may impose certain conditions in providing funds pursuant to this section. These conditions include: (1) the owner receiving the funds not transfer title of the property for a set period of not more than ten years; (2) the owner receiving funds reimburse the state for such funds in the event that it receives funds for remediation from other sources; or (3) the owner receiving funds continues to employ residents of the state for a set period of not less than ten years.

Section 10, effective from passage, amends § 32-9t(a)(12)(urban and industrial site reinvestment program, registration of fund managers, tax credits) of the 2006 supplement to the general statutes to provide that "eligible municipality" also includes any municipality that the commissioner determines is connected with the relocation of an out-of-state operation or the expansion of an existing facility that will result in a capital investment by a company of not less than fifty million dollars.

Section 11, effective July 1, 2006, is new and creates a task force to study strategies for providing long-term solutions for the state’s brownfields. This section also describes the composition of the task force (nine members with expertise in brownfield redevelopment either in environmental law, engineering, finance, development, consulting, insurance or other relevant experience). The members of the task force consist of (1) two appointed by the Governor; (2) one member appointed by the president pro tempore of the Senate; (3) one appointed by the speaker of the House of Representatives; (4) one appointed by the majority leader of the Senate; (5) one appointed by the majority leader of the House of Representatives; (6) one appointed by the minority leader of the Senate; (7) one appointed by the minority leader of the House of Representatives; and (8) a representative of the DEP, as appointed by the Commissioner of Environmental Protection. Appointments to the task force are to be made no later than thirty days after the effective date of this section. The speaker of the House of Representatives and president pro tempore of the Senate are to select the chairpersons of the task force from the task force members. The task force must submit a report on its findings and recommenda-tions no later than January 1, 2007 to the joint standing committees of the General Assembly having cognizance of matters relating to environment and commerce. The task force will terminate on the date it submits the report or January 1, 2007, whichever is later.

Section 12, effective July 1, 2006, is new and creates a "Connecticut brownfields remediation account," a separate, nonlapsing account within the General Fund that must contain any moneys required by law to be deposited in the account and must be held separate and apart from other moneys, funds and accounts. Investment earnings credited to the account must become part of the assets of the account. Any balance remaining in the account at the end of any fiscal year must be carried forward in the account for the next fiscal year. The OBRD (created in section 1 of this Act) is authorized to use amounts in this account to fund remediation and restoration of brownfield sites as part of the pilot program (created under subsection (c) of section 1 of this Act).

Section 13, effective July 1, 2006, is new and requires the Department of Economic and Community Development and the DEP to oversee the provisions of sections 1 through 13, inclusive, of this Act within available appropriations and any funds allocated pursuant to §§ 4-66c and 32-9t of the 2006 supplement to the general statutes, as amended, and § 22a-133t.

Special Act No. 06-1

This Act, effective from passage, is new and requires the DPUC to conduct a contested case before October 1, 2006 to determine an appropriate mechanism to address electric power generation and financing needs of resource recovery facilities.