ARTICLE
24 September 2023

Connecticut Establishes Mechanism To Fund Municipal PFAS Testing And Remediation – Money To (Hopefully) Follow

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Shipman & Goodwin LLP
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Shipman & Goodwin’s value lies in our commitment -- to our clients, to the profession and to the community. We have one goal: to help our clients achieve their goals. How we accomplish it is simple: we devote our considerable experience and depth of knowledge to understand each client’s unique needs, business and industry, and then we develop solutions to meet those needs. Clients turn to us when they need a trusted advisor. With our invaluable awareness of each client’s challenges, we can counsel them at every step -- to keep their operations running smoothly, help them navigate complex business transactions, position them for future growth, or resolve business disputes. The success of our clients is of primary importance to us and our attorneys invest meaningful time getting to know the client's business and are skilled in the practice areas and industry sectors critical to that success. With more than 175 attorneys in offices throughout Connecticut, New York and in Washington, DC, we serve the needs of
As the environmental, health, legal and technical issues concerning per- and poly-fluoroalkyl substances (PFAS) continue to make headlines across the country...
United States Environment
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As the environmental, health, legal and technical issues concerning per- and poly-fluoroalkyl substances (PFAS) continue to make headlines across the country, Connecticut responded by creating a dedicated fund to be used by the Department of Energy & Environmental Protection (DEEP), in consultation with the Department of Public Health (DPH), to assist municipalities and qualifying special districts to test for the presence of, and remediate, PFAS contamination in drinking water supplies.

Public Act 23-74 established the "PFAS Testing Account" as a dedicated, non-lapsing account within the State's General Fund. While the account is authorized to receive funds from the federal government and other private and public sources, the PFAS Testing Account is currently unfunded. When initially raised as Senate Bill 100, the account was to be funded with $25 million but the funding was eliminated by amendment. Although unfunded for the time being, we expect DEEP and DPH, as well as many municipalities, to aggressively lobby the State to allocate funds to the PFAS Testing Account over the coming years.

In the meantime, a related new law, Public Act 23-205, authorizes the State Bond Commission to issue bonds for up to $5 million to be used for grants-in-aid to municipalities to test for and remediate PFAS contamination, provide potable water to those affected by such pollution and buy back PFAS-containing aqueous film-forming foam (AFFF), which should provide some funding for municipalities to continue (or begin, as the case may be) addressing potential PFAS contamination while the PFAS Testing Account remains unfunded.

Overall, and consistent with Connecticut's 2019 PFAS Action Plan, the creation of the PFAS Testing Account and authorization of grants to municipalities pursuant to Public Act 23-205 represent a step forward for the State to address PFAS-impacted drinking water supplies and should provide a further boost to municipalities looking to investigate and address potential PFAS contamination. We note, however, the total cost to address PFAS contamination generally and PFAS-impacted water supplies in particular will far exceed any funding provided by the recently created PFAS Testing Account or available through grants alone.

Shipman's environmental team continues to track PFAS-related legal and technical developments in Connecticut and around the country.

Originally published August 21, 2023.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.



ARTICLE
24 September 2023

Connecticut Establishes Mechanism To Fund Municipal PFAS Testing And Remediation – Money To (Hopefully) Follow

United States Environment
Contributor
Shipman & Goodwin LLP  logo
Shipman & Goodwin’s value lies in our commitment -- to our clients, to the profession and to the community. We have one goal: to help our clients achieve their goals. How we accomplish it is simple: we devote our considerable experience and depth of knowledge to understand each client’s unique needs, business and industry, and then we develop solutions to meet those needs. Clients turn to us when they need a trusted advisor. With our invaluable awareness of each client’s challenges, we can counsel them at every step -- to keep their operations running smoothly, help them navigate complex business transactions, position them for future growth, or resolve business disputes. The success of our clients is of primary importance to us and our attorneys invest meaningful time getting to know the client's business and are skilled in the practice areas and industry sectors critical to that success. With more than 175 attorneys in offices throughout Connecticut, New York and in Washington, DC, we serve the needs of
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