Connecticut Administrative Code › Title 22a - Environmental Protection › 133m - Urban Site Remediation Program › Section 22a-133m-2 - Eligible property

Current through July 10, 2024
(a) The
			 commissioner in consultation with the commissioner of environmental protection
			 may acquire polluted commercial and industrial property for the purpose of
			 remediation of the pollution. Such acquisition may include, but not be limited
			 to, condemnation of the property in accordance with the provisions of chapter
			 835 of the general statutes.
(b)
			 Such property may consist of polluted, undeveloped land zoned commercial or
			 industrial; any developed but polluted commercial or industrial property that
			 is abandoned or underutilized; or any developed but polluted commercial or
			 industrial property that is underutilized provided the commissioner finds that
			 the remediation of such property will assist with the retention or expansion of
			 an existing manufacturing or economic base business or businesses operating on
			 such property.
(c) Prior to the
			 acquisition of real property by the Commissioner, the Commissioner of
			 Environmental Protection shall conduct an assessment to evaluate the potential
			 cost of remedial activities of any property proposed for acquisition under
			 section
			 22a-133m
			 of the General Statutes, provided that an eligible applicant has entered into
			 an agreement with the Commissioner in accordance with sections
			 22a-133m-1 to
			 22a-133m-3,
			 inclusive, of these regulations.
(d) After the Commissioner of Environmental
			 Protection performs the assessment of the property pursuant to section
			 22a-133m-2(c)
			 of these regulations, the Commissioner shall consult with the Commissioner of
			 Environmental Protection to determine whether to initiate property acquisition.
			 If the Commissioner finds that the estimated cost of remedial activities at the
			 site are not significant and do not warrant participation by the State and,
			 furthermore, that the proposed transferor of the property or the eligible
			 applicant has the financial ability to implement the remediation activities,
			 the Commissioner may require that the transferor or the eligible applicant
			 fully reimburse the State for the costs of the property assessment and provide
			 security to guarantee such repayment to the State.
(e) If, in the opinion of the Commissioner of
			 Economic Development, the cost to assess or remediate the property, or both,
			 represents a significant impediment to the remediation and subsequent reuse of
			 the property for an eligible project, and provided that the Commissioner
			 determines that the property has significant economic development and job
			 creation potential, the Commissioner may provide financial assistance to fund
			 the cost of assessing or remediating the property, or both. In the event that
			 the Commissioner decides to provide financing for such costs the State shall
			 not accept any liability under Federal law.
(f) In deciding whether to acquire any such
			 property described in subsection (b) of this section, the Commissioner may
			 consider any factors he deems necessary, including, but not limited to, the
			 location of the property, the size of the polluted property and the job
			 creation potential of the eligible project. The Commissioner shall give
			 priority consideration to eligible projects located in a targeted investment
			 community.