Recently, state agencies, environmental consultants, law firms and others have published descriptions of the provisions and mechanics of Section 17 of Public Act 11-141, Connecticut’s Brownfield Remediation and Revitalization Program (the “Brownfield Program”), whose goal is to incentivize the private sector to develop brownfield sites in Connecticut. This article provides some strategic thoughts about how property owners and developers can best take economic advantage of the program and points out the need, given the program’s limitations, to do so in coordination with other innovative environmental risk transfer strategies, such as guaranteed fixed price remediation (GFPR) contracts and/or environmental insurance.
In general, the Brownfield Program provides innocent land owners (among others who apply for and are accepted into the program) with certain liability protections related to the development of contaminated and underutilized properties. While the improved liability protections available through this new program are important, with proper scrutiny it becomes clear that the Brownfield Program, which can only accept 32 applicants a year, does not fully protect innocent purchasers/developers and “box-in” all of the potential risk associated with the ownership/development of a contaminated site.
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