Government red tape, say many businesses, has delayed numerous economic development projects in Connecticut. In response, the newly passed jobs bill includes several measures that hopefully will help streamline state government and unlock development.
For example, the new law requires the Department of Energy and Environmental Protection (DEEP) to explore the feasibility of taking a new approach to its permitting and enforcement programs.
The DEEP must study the feasibility of a tiered system of permitting and enforcement that would expedite activities which “pose the lowest level of risk to the environment.”
The study is due to the Legislature”™s Environment and Commerce Committees by Feb. 1, 2012.
More focus on streamlining government is included by requiring the state to hire a consultant to apply lean practices and principles to the permitting and enforcement processes in the DEEP and three other state agencies: the departments of Economic and Community Development (DECD), Administrative Services (DAS) and Transportation (DOT) ”“characterized as the agencies “most frequently utilized by business entities.” The consulting work must be done within existing state funding.
Three of the four agencies (except DAS) must recommend to the Legislature by Feb. 1, 2012, any programs or statutes they believe are obsolete or should be revised to make them more efficient.
Brownfields redevelopment gets a boost with $20 million in bonding to “identify, market and remediate five state-owned brownfields selected by DECD from a priority list.”
The list will be developed by the DECD according to specific criteria and posted on a new website dedicated to marketing and promoting state-owned brownfields.
The new law also creates a program to encourage the repair and replacement of oil furnaces and boilers at nonprofit organizations and housing authorities.
The program will be administered by the Fuel Oil Conservation Board established earlier this year and will be supported by up to $10 million in bonding. The membership of the board also is significantly revised.
The governor will have to approve up to five projects for public-private partnerships no later than Jan. 1, 2015, with annual reports to the Legislature beginning in Jan. 2013.
These partnerships will allow state agencies to contract with private companies to finance, design, construct, develop, operate or maintain public works and transportation projects that generate revenue as a public infrastructure.
State support of a partnership agreement will not be able to exceed 25 percent of the project”™s cost and the law exempts from municipal property taxes any property developed, operated or held by a private entity within the partnership agreement.
Eric Brown is an associate counsel with the Connecticut Business and Industry Association, specializing in environmental law and energy and transportation issues. Reach him at eric.brown@cbia.com.
