{"data":{"id":"us-ct/conn.-gen.-stat.-22a-260c","jurisdiction":"us-ct","citation":"Conn. Gen. Stat. § 22a-260c","heading":"South Meadows site projects. Definitions. Procedures. Requirements. Hearings. Commissioner decisions. Appeals. Master administrative process. Municipal corporation cooperation. Indemnification. Authority or employee enforcement actions.","body":"(a) For purposes of this section:\n(1) “Commissioner” means the commissioner that has jurisdiction over the specific subject matter and such commissioner's designee or, if more than one commissioner has jurisdiction, each commissioner that has jurisdiction over the specific subject matter and their designees;\n(2) “Project” means the development, redevelopment, remediation or any other work performed by the Capital Region Development Authority at the South Meadows site; and\n(3) “South Meadows site” has the same meaning as provided in section 22a-260b.\n(b) Notwithstanding any provision other than section 22a-284c, any license, permit or approval required or permitted to be issued and any administrative action required or permitted to be taken, in connection with any work concerning a project under this section that is supervised by a state agency, as defined in section 1-79, shall be in accordance with the procedures set forth in this section, to the extent not inconsistent with the state's delegated authority under federal law. Any agreement or memorandum of understanding entered into by the Capital Region Development Authority with a state agency or a political subdivision of the state for work to be performed for any part of a project under this section, including, but not limited to, licensing, permitting, receiving governmental approvals and the construction of sewer, water, steam or other utility connections, shall be in accordance with the provisions of this section, to the extent not inconsistent with the state's delegated authority under federal law or with any contract by which such agency or political subdivision is bound.\n(c) For a project under this section:\n(1) Each license, permit or approval required or permitted to be issued and each administrative action required or permitted to be taken pursuant to the general statutes shall be issued or taken upon application to the commissioner. Such commissioner or commissioners, as applicable, shall have sole jurisdiction over any licenses, permits, approvals or administrative action concerning such project.\n(2) No notice of any tentative or final determination regarding any such license, permit, approval or administrative action shall be required except as expressly provided under this section. No ordinance or regulation adopted by, nor authority granted to, a municipality or other political subdivision of the state shall apply to a project under this section. No municipality shall impose, as a condition of the availability of state or federal funds under a program administered by such municipality, any requirement that such municipality would not have the authority to impose directly under the provisions of this section, except as otherwise required by federal law.\n(3) All applications, supporting documentation and other records submitted to the commissioner that pertain to any license, permit, approval or administrative action, together with all records of proceedings related to such license, permit, approval or administrative action, shall be made available for public inspection in accordance with the Freedom of Information Act, as defined in section 1-200.\n(d) (1) Each commissioner having jurisdiction over any license, permit, approval or administrative action for a project under this section shall adopt a master process to consider multiple licenses, permits, approvals and administrative actions for any such project, to the extent practicable. Except as provided in subsection (i) of this section, licenses, permits, approvals and administrative actions under this section shall be issued or taken not later than ten business days after the date of submission of any application to the commissioner for such license, permit, approval or administrative action. If such license, permit, approval or administrative action has not been issued or taken by the close of business on such tenth business day, such application shall be deemed approved unless such application has been denied or conditionally issued or a hearing held on such application prior to the close of business on such tenth business day. Nothing in this section shall be deemed to require that applications for licenses, permits, approvals or administrative action connected with all aspects of a project under this section be submitted or acted upon at the same time if not otherwise required by law.\n(2) Any requirement for a permit or an inspection by the State Building Inspector or the State Fire Marshal shall be satisfied if the Capital Region Development Authority obtains a certification from an engineer or other appropriate professional duly certified or licensed in the state that such work, to the extent such work is subject to approval by the State Building Inspector or the State Fire Marshal, complies with state building codes or fire laws and regulations, as applicable.\n(e) Any hearing regarding all or any part of a project under this section shall be conducted by the particular commissioner having jurisdiction over the applicable license, permit, approval or administrative action. The commissioner shall publish notice of such hearing, not more than ten days and not less than five days in advance of such hearing, in a newspaper having a general circulation in the city of Hartford.\n(f) The commissioner shall, in rendering any decision in connection with a project under this section, weigh all competent material and substantial evidence presented by the applicant and the public in accordance with procedures specified by the commissioner. The commissioner shall issue written findings and determinations on which the decision is based. Such findings and determinations shall consist of the evidence presented, including such matters the commissioner deems appropriate and that are related to the nature of any major adverse health effect or environmental impact of the project, to the extent applicable to a particular license, permit, approval or administrative action. The commissioner may reverse or modify an order or action of the commissioner at any time, in the same manner as the original proceeding.\n(g) (1) Any party aggrieved by any administrative action taken by a commissioner in connection with a project under this section may appeal to the superior court for the judicial district of Hartford in accordance with the provisions of section 4-183. Such appeal shall be brought not later than ten days after the date of mailing to the parties to the proceeding of a notice of such action by certified mail, return receipt requested, and the appellant shall serve a copy of the appeal on each party listed in the final decision at the address shown in such decision. Failure to make such service within the period specified on parties other than the commissioner who rendered the final decision shall not deprive the court of jurisdiction over the appeal.\n(2) Not later than ten days after the service of such appeal, or within such further time as may be allowed by the court, the commissioner who rendered such decision shall transcribe any portion of the record that had not been transcribed and shall transmit the original or a certified copy of the entire record of the proceeding appealed from to the court. Such record shall include the commissioner's findings of fact and conclusions of law, separately stated. If more than one commissioner has jurisdiction over the matter, such commissioners shall issue joint findings of fact and conclusions of law. Such appeal shall state the reasons upon which it is predicated and, notwithstanding any provision of the general statutes, shall not stay the development of the project.\n(3) The commissioner who rendered the final decision shall appear as the respondent. Appeals to the Superior Court shall each be a privileged matter and shall be heard as soon after the return date as practicable. A court shall render its decision not later than twenty-one days after the date the entire record, with the transcript, is filed with the court by the commissioner who rendered the decision.\n(4) The court shall not substitute its judgment for that of the commissioner as to the weight of the evidence presented on a question of fact. The court shall affirm the decision of the commissioner unless the court finds that substantial rights of the party appealing the decision have been materially prejudiced because the findings, inferences, conclusions or decisions of the commissioner are (A) in violation of constitutional or statutory provisions, (B) in excess of the statutory authority of the commissioner, (C) made upon unlawful procedure, (D) affected by an error of law, (E) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record, or (F) arbitrary, capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.\n(5) If the court finds material prejudice, it may sustain the appeal and, upon sustaining an appeal, may render a judgment that modifies the decision of the commissioner, orders particular action of the commissioner or orders the commissioner to take such action as may be necessary to effect a particular action and the commissioner may issue a license, permit or approval or take an administrative action consistent with such judgment. An applicant may file an amended application and the commissioner may consider an amended application for a license, a permit, an approval or an administrative action following court action.\n(h) (1) The Capital Region Development authority shall be considered the state agency responsible for preparing any required written evaluation of the impact of a project under this section on the environment in accordance with the requirements set forth in section 22a-1b and regulations adopted thereunder. Said authority shall hold a public hearing on the evaluation and shall publish notice of such hearing, not more than ten days and not less than five days in advance of such hearing, and of the availability of such evaluation, in a newspaper having a general circulation in the city of Hartford. Any person may comment at the public hearing or in writing not later than the second day following the close of the public hearing. All public comments received by said authority shall be promptly forwarded to the Commissioner of Energy and Environmental Protection and the Secretary of the Office of Policy and Management and shall be made available for public inspection. Nothing in subsection (b) of section 22a-1b shall be deemed to require that such written evaluations be completed prior to (A) the awarding of contracts, (B) the incurrence of obligations or the expenditure of funds in connection with planning and engineering studies for site preparation, or (C) preliminary site preparation work not requiring licenses, permits or approvals not yet obtained.\n(2) The Secretary of the Office of Policy and Management shall review the evaluation and the public comments submitted and shall make a written determination as to whether such evaluation satisfies the requirements of sections 22a-1a to 22a-1c, inclusive. Such determination shall be made public and forwarded to the Capital Region Development Authority not later than ten days after the date said authority forwarded the public comments pursuant to subdivision (1) of this subsection. The secretary may require the revision of the evaluation if, after taking into account all public and state agency comments, the secretary finds that the evaluation does not satisfy the requirement of said sections.\n(i) (1) In exercising jurisdiction over any licenses, permits or approvals required in connection with a project under this section, the Commissioner of Energy and Environmental Protection shall take into consideration all public comments submitted by the Capital Region Development Authority pursuant to subsection (h) of this section if and to the extent such public comments are available at such time. Said commissioner shall make written findings with respect to any such comments that are relevant to the issuance or denial of any such license, permit or approval. For any applications submitted under this section that require a public hearing, said commissioner shall adopt a master administrative process that shall not be subject to the provisions of chapter 54 and shall provide for a single public hearing at which public comments on all pending applications shall be heard. Any such public hearing shall be limited to the consideration of issues or factors not included in the related environmental evaluation. The provisions of subsection (d) of this section regarding deadlines for licenses, permits, approvals or administrative action shall not apply to licenses, permits, approvals or administrative actions issued or taken by said commissioner.\n(2) Said commissioner and said authority shall enter into a memorandum of understanding regarding a master administrative process for a project under this section. Such memorandum of understanding shall (A) identify the proposed use after the development, redevelopment or remediation associated with such project and the license, permit, approval or administrative action necessary for such project, with the goal of expediting the process of issuing each such license, permit or approval or taking each such administrative action as soon as is reasonably practicable, and (B) provide (i) timelines for said commissioner to issue a notice of sufficiency concerning the completeness of any application, Department of Energy and Environmental Protection review, the holding of a public hearing and receiving of public comments and the issuance of a decision by said commissioner, or (ii) for applications for which a public hearing is not required, timelines for said commissioner to issue a decision or take administrative action.\n(j) All municipal corporations, including the Metropolitan District of Hartford County, that exercise jurisdiction over the planning, environmental testing and assessment, permitting, engineering, site preparation and private and public infrastructure improvements related to a project under this section, shall cooperate with the Capital Region Development Authority in carrying out the provisions of this section, including expedited consideration for licenses, permits, approvals and administrative action.\n(k) (1) The state shall hold harmless and indemnify the Capital Region Development Authority and any employee and any director of said authority from any liability, financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, order, penalty, lien, assessment, suit or judgment by reason of any title defects relating to, or any pollution, contamination, hazardous waste, hazardous substance or hazardous building material, including, but not limited to, asbestos, asbestos-containing materials, lead or lead-containing materials, polychlorinated biphenyls (PCB), polyfluoroalkyl substances (PFAS), mold, fluorescent and high-intensity discharge (HID) lamps, mercury, PCB ballasts, lead-acid battery electrolytes, fluorocarbons, equipment coolant, hydraulic fluids, radioactive materials, explosives, military ordinance, gasoline and petroleum products or any other environmental condition existing at, originating or emanating from or relating to, the real property, facilities and other improvements at the South Meadows site, to the extent such title defect or environmental issues were in existence on June 30, 2025. The state shall not hold harmless nor indemnify said authority for any title defects or environmental issues, arising after the date of any lease, assignment, transfer, sale or other disposition concerning the South Meadows site, that are not related to or attributable to any preexisting title defects or environmental issues. Said authority shall use funds transferred pursuant to subsection (b) of section 22a-260b prior to seeking indemnification under this subsection.\n(2) Said authority or any such employee or director may bring an action in the Superior Court against the state to enforce the provisions of this section.\n(3) For purposes of this subsection, “pollution”, “contamination”, “hazardous waste”, “hazardous substance” and “environmental condition” have the same meanings as in applicable federal, state or local laws pertaining to public health or the environment and including, without limitation, this title and any regulations or guidance promulgated by the Department of Energy and Environmental Protection, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 1976 and the Superfund Amendments and Reauthorization Act of 1987, as each may be amended from time to time, and “hazardous building material” has the same meaning commonly ascribed to it in the environmental remediation context and in any regulations or guidance promulgated by the Department of Energy and Environmental Protection or the Department of Administrative Services.","path":["TITLE 22a. ENVIRONMENTAL PROTECTION","CHAPTER 446e. SOLID WASTE MANAGEMENT SERVICES ACT"],"source_url":"https://www.cga.ct.gov/2026/sup/chap_446e.htm#sec_22a-260c","current_through":"Revised to January 1, 2026 (2026 Supplement to the General Statutes of Connecticut, applied over the base revision of January 1, 2025)","vintage":"","retrieved_at":"2026-09-06T19:07:25Z","sha256":"dfd299ee74ffd195ccd4b0103841169cbd03a1ba8d79a2e0511312a8d311e793","source_id":"us-ct","stale":false,"prev":"us-ct/conn.-gen.-stat.-22a-260b","next":"us-ct/conn.-gen.-stat.-22a-260d"},"notice":"GroundRules: Original legal text. Not legal advice."}