Hartford Business Journal

HARTFORDBUSINESS.COM | AUGUST 19, 2024 29 Opinion & Commentary OTHER VOICES CT must adopt more equitable, modern system to clean up polluted properties, spur development By Katie Dykes & Daniel O'Keefe C onnecticut has a proud manufacturing history. From our origins in clocks and watches to advanced optics and nuclear submarines now, our state has long been an advanced manufacturing leader, supporting our national economy. Connecticut's industrial past has also left a legacy of contam- ination on abandoned factory and brownfield sites across the state; many of which — due to an ineffective environ- mental law called the Transfer Act — remain polluted and unusable today. By replacing the Transfer Act with a modern, release-based cleanup framework in line with the rest of the country, Connecticut is poised to restore those sites and the jobs and economic opportunity that once came with them. In 1985, Connecticut was one of the first states to tackle property remediation when we enacted the Transfer Act, a laudable, pioneering step, which dictates that upon transfer, property owners in specific industries must demonstrate that no contamination is present. This costly, onerous process is required even if there was never a contaminating event — a "guilty-until-proven-innocent" standard. Today, we are one of only two states that still use that approach — the other 48 have embraced a release-based model, which requires sites that have had a contamination to demonstrate that it has been remedi- ated. This approach has proven much more effective in motivating invest- ment and cleanups of contamination. We know that investment drives cleanups. And as other states have found a better way, the Transfer Act has become a deterrent to invest- ment: Since the 1980s, fewer than 400 of the 3,000 Connecticut proper- ties in the Transfer Act process have been remediated. The irony is not lost on us that the "Transfer Act" should have actually been called the "Rarely Transfer Act." That's why the Department of Energy and Environmental Protection (DEEP) and Department of Economic and Community Development (DECD), after receiving legislative direction in 2020, teamed up with legislative leaders, municipalities, developers, environmental consultants and attorneys, and other environmental leaders to transition Connecticut to this release-based cleanup program. On July 26, we issued draft release- based cleanup regulations, now available online for review and public comment. These draft regulations are complex, but they reflect several years of diligent effort from a working group of stakeholders, convened by DEEP and DECD, to develop the concepts upon which the proposed regulations are built. Today, lenders and buyers typically make sure environmental investiga- tions — of all kinds — are completed as part of due diligence for land transactions. Rather than micro- managing certain investigations, a release-based cleanup program harnesses market-driven investiga- tion to discover historical releases of pollution and establishes clear stan- dards to facilitate effective cleanups. If investigation uncovers pollution, the proposed release-based cleanup regulations will ensure that pollution is cleaned up to a uniform standard on all properties, not just the select few singled out by the Transfer Act. Unlike many western states, Connecticut does not have large tracts of previously undeveloped, available land to build new housing, factories and businesses. We must reuse and redevelop our older proper- ties to compete and grow, and these new regulations will help accelerate this process. We estimate passage of these reforms will have significant economic benefits, generating more than 2,100 new construction jobs, $3.78 billion in new GDP growth, and $115 million in new revenue for the state over the next five years alone. With the valuable input we receive during the comment period, we look forward to refining this release-based framework to benefit Connecticut's economy and its environment. Soon, Connecticut will no longer be an outlier. By replacing the Transfer Act with a release-based system, we'll replace polluted brownfields and abandoned factory sites with housing and job-creating businesses, a true win for Connecticut's economy and environment. The time to act is now. Katie Dykes is commissioner of the state Department of Energy and Environmental Protection; Daniel O'Keefe is commissioner of the state Department of Economic and Community Development. EXPERT'S CORNER Is your website accessible? Here's why it matters. By Lisa Wright I n April, the U.S. Department of Justice (DOJ) required all state and local websites to be accessible, along with their mobile applications. This is excellent news, particularly for the one in four Americans with a disability. The bad news is, according to Nucleus Research, 70% of websites in the government, news and e-commerce categories are inac- cessible, so many government agencies will be scrambling to become compliant. But accessibility isn't only important for government websites and apps. Businesses of every industry (and size) should understand the implica- tions that an inaccessible website has on its users, and their business. What exactly is web accessibility? In short, an accessible website means it can be used by anyone and everyone. Let's look at two quick examples: If a vision-impaired visitor uses a screen reader to access web content, an accessible website will integrate seamlessly with it. For hearing-im- paired visitors, an accessible website will include an option for closed captions on any videos. These are just two of many tech- nical requirements of accessibility. Accessibility standards are set by the international Web Content Accessibility Guidelines (WCAG), and have three tiers of compliance: A, AA and AAA. A represents the bare minimum, AA is the minimum recommended level, and AAA is the best-in-class compliance. The aforementioned DOJ ruling requires AA compliance (with some exceptions). One of the most important and common accessibility issues is color contrast. To make sure content is readable for users with vision impair- ments, text and imagery must have sufficient contrast. For example, if you had white text on a light yellow background, it would probably be hard to read. White against black would be much easier. In addition to vision impairments, users may also have auditory impair- ments, motor and mobility issues, neurological conditions such as epilepsy or cerebral palsy, or cogni- tive and learning disabilities like dyslexia. Each has its own unique set of accessibility needs. How accessibility helps your website visitors Accessible websites eliminate errors, delays and frustrations for users with disabilities. But it will bring your business benefits, too. Accessible websites: Ensure all users can access your content. This will keep visitors on your site longer — and more importantly, if your site includes e-commerce, it will ensure visitors can complete their purchase and not have to abandon their cart due to technical difficulties. Improve your SEO. Google knows all — and if your site isn't accessible, it'll push you down in search results. Google wants searchers to have the best experience possible, so they'll promote sites that provide optimal usability. Prevent you from getting sued. Thousands of lawsuits are filed each year in the U.S. against non-com- pliant website owners. This number is expected to rise as accessibility becomes a standard requirement. Initial fines start at $55,000, so these penalties are steep. How to get started There are a few free web tools to check your site's accessibility, including browser extensions that allow you to find errors with a single click. This is a great place to start. You may also want to ask your web development team to run a full audit of your website and make any necessary adjustments to bring your site up to AA standards. You should evaluate your entire website, social media, mobile apps, documents and forms to ensure they're all Americans with Disabilities Act compliant. Your efforts will not only make life easier for your website visitors, but will benefit your business, too. Lisa Wright owns Reify Creative, a Connecticut-based digital marketing agency. Daniel O'Keefe Katie Dykes Lisa Wright

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