Sec. 32-23z. Business Environmental Clean-Up Revolving Loan Fund. Regulations.
Sec. 32-23z. Business Environmental Clean-Up Revolving Loan Fund. Regulations. (a) A Business Environmental Clean-Up Revolving Loan Fund is created. The
state, acting through the Connecticut Development Authority, may provide loans or
lines of credit from the Business Environmental Clean-Up Revolving Loan Fund (1) to
businesses for the purposes of the containment and removal or mitigation of the discharge, spillage, uncontrolled loss, seepage or filtration of oil or petroleum or chemical
liquids or solid, liquid or gaseous products or hazardous wastes and (2) to businesses
which convert gas and diesel-powered motor vehicles to vehicles powered by either
gas or diesel fuel and a clean-burning alternative fuel, including but not limited to,
compressed natural gas or electricity. Loans or lines of credit under subdivision (2) shall
be for working or development capital. For the purposes of this section, "business"
means any business which (A) if applying for assistance under subdivision (1), has been
in business for at least one year prior to the date of application for its loan or line of
credit or, if applying for assistance under subdivision (2), has been in business for at
least two years prior to such application date, (B) has gross revenues, including revenues
of affiliates, less than three million dollars in the most recent fiscal year before the date
of the application or has less than one hundred fifty employees and, if applying for
assistance under subdivision (2), derived at least seventy-five per cent of its gross revenues in such year from motor vehicle fuel conversion activities, (C) if applying for
assistance under subdivision (1), has been doing business and has maintained its principal office and place of business in the state for a period of at least one year prior to the
date of its application for assistance under this section or, if applying for assistance
under subdivision (2), has been doing business and has maintained such office and
business in the state for a period of at least two years prior to such application date and
(D) demonstrates, to the satisfaction of the authority and in its sole discretion, that it is
unable to obtain financing from conventional sources on reasonable terms or in reasonable amounts. The Connecticut Development Authority shall charge and collect interest
on each such loan or line of credit at a rate to be determined in accordance with regulations adopted pursuant to subsection (b) of this section. The total amount of such loans
or lines of credit provided to any single business in any period of twelve consecutive
months shall not exceed two hundred thousand dollars. Payments made by businesses
on all loans and lines of credit paid to the Treasurer for deposit in the Business Environmental Clean-Up Revolving Loan Fund shall be credited to such fund.
(b) The authority shall take any reasonable action it deems appropriate to moderate
losses on loans and lines of credit made under this section, including, but not limited
to, development and implementation of written procedures, in accordance with section
1-121, and a strategy to manage the assets of the fund and any losses incurred.
(c) The Connecticut Development Authority shall establish loan procedures, interest, repayment terms, security requirements, default and remedy provisions and such
other terms and conditions as the authority shall deem appropriate.
(d) Each such loan or extension of credit shall be authorized by the Connecticut
Development Authority or, if the authority so determines, by a committee of the authority
consisting of the chairman and either one other member of the authority or its executive
director, as specified in the determination of the authority. Any administrative expenses
incurred in carrying out the provisions of this section, to the extent not paid by the
authority, shall be paid from the Business Environmental Clean-Up Revolving Loan
Fund. Payments from the Business Environmental Clean-Up Revolving Loan Fund to
businesses or to pay such administrative expenses shall be made by the Treasurer upon
certification by the executive director of the authority that the payment is authorized
under the provisions of this section, under the applicable rules and regulations of the
authority, and, if made to a business, under the terms and conditions established by the
authority or the duly appointed committee thereof in authorizing the making of the loan
or the extension of credit.
(P.A. 89-365, S. 6, 9; P.A. 91-161, S. 8, 9; 91-376, S. 9, 10; P.A. 93-199, S. 1, 6; 93-382, S. 10, 69.)
History: P.A. 91-161 transferred full responsibility for the fund to the Connecticut development authority, eliminating
any role of the department of economic development and amended Subsec. (d) to require that the annual report also be
sent to the commerce and exportation committee; P.A. 91-376 added Subsec. (a)(4) re responsibility to obtain conventional
financing, inserted new Subsec. (b) re steps to moderate losses and relettered former Subsecs. (b) to (d), accordingly; P.A.
93-199 added Subsec. (a)(2), authorizing assistance to businesses converting vehicles to alternative fuels, effective July
1, 1993; P.A. 93-382 deleted former Subsec. (e), re annual report to legislative committees, effective July 1, 1993.
See Sec. 32-477 re priority for applicants establishing work environments consistent with criteria in Sec. 32-475.