Could a Connecticut regional council of governments apply for a federal brownfields grant as a political subdivision?

Plain-English summary

In March 2000, Connecticut’s AG concluded that the South Central Regional Council of Governments counted as a political subdivision of the state for an EPA brownfields assessment grant. The federal regulation looked to the state’s determination of whether an entity met its legislative definition of a political subdivision. Connecticut had no single universal definition, so the AG applied a state court description of a government division performing public functions.

Regional councils were authorized by statute, formed through member municipalities, and given public planning responsibilities. The council’s work seeking funds for cleanup and economic development fit those functions. The opinion resolved this council’s status for the identified grant program; it did not award a grant or decide every federal eligibility condition.

Regional council officials at the time

The AG’s classification allowed the council to apply as a state political subdivision under the cited federal program. The EPA retained its grant administration role.

Municipal and grant officials at the time

The opinion connected the council’s statutory origin and public planning duties to the grant’s political-subdivision category, rather than treating the council as merely a private applicant.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Was a regional council a political subdivision for this EPA brownfields program?
A: The AG said the South Central council was, based on its state-authorized creation and public planning functions.

Q: Did the opinion guarantee federal brownfields money?
A: No. It answered the council’s classification for an application, not whether the EPA would fund one.

Q: Why did the state’s classification matter to the EPA?
A: The federal regulation referred the meaning of political subdivision to the state’s legislative definition and determination.

Background and statutory framework

The state budget secretary asked whether the regional council could seek EPA brownfields funds in the political-subdivision category. The AG read the federal statute and regulation alongside Connecticut statutes creating regional councils and a state case defining political subdivision by public function.

Citations and references

Statutes: 42 U.S.C. § 9604(d)(1); 40 C.F.R. § 35.6015(31); Conn. Gen. Stat. § 4-124j.

Case: State ex rel Maisano v. Mitchell, 155 Conn. 256, 263-64 (1967).

Source

• Landing page: https://portal.ct.gov/AG/Opinions
• Opinion page: https://portal.ct.gov/ag/opinions/2000-formal-opinions/marc-s-ryan-secretary-office-of-policy-and-management-2000013-formal-opinion-attorney-general-of-con

Original opinion text

Marc S. Ryan, Secretary, Office of Policy and Management, 2000-013 Formal Opinion, Attorney General of Connecticut

Attorney General's Opinion

Attorney General, Richard Blumenthal

March 24, 2000

Marc S. Ryan, Secretary

Office of Policy and Management

450 Capitol Ave.

Hartford, CT 06106-1308

Dear Secretary Ryan:

Your letter of March 16, 2000, asks whether the South Central Regional Council of Governments ("SCRCOG") is a "political subdivision of the State" for purposes of applying for and receiving a "Brownfields" grant under a program funded by the federal Environmental Protection Agency ("EPA"). We believe that it is.

Pursuant to 42 U.S.C. § 9604(d)(1), section 104(d)(1) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, a "State or political subdivision thereof . . . may apply to the President to carry out actions authorized in this section." Apparently under this statute and its accompanying regulations, the EPA will entertain applications for "Brownfields" grants from "political subdivisions of the State."

Federal regulations do not specifically define the term "political subdivision of the State," but rather provide that it has the following meaning: "The unit of government that the State determines to have met the State's legislative definition of a political subdivision." 40 C.F.R. § 35.6015(31). Thus, the federal agency defers to the State and accepts the State's determination of whether an entity is a "political subdivision" under state law.

Although the term "political subdivision" appears several times throughout the general statutes, there is not a universally accepted legislative definition of the term. However, construing this term for purposes of the state's minority representation statute, Conn. Gen. Stat. § 9-167a,1 our state Supreme Court has stated: "The term 'political subdivision' is broad and comprehensive and denotes any division of the State made by the proper authorities thereof, acting within their constitutional powers, for the purpose of carrying out a portion of those functions of the State which by long usage and the inherent necessities of government have always been regarded as public." State ex rel Maisano v. Mitchell, 155 Conn. 256, 263-64 (1967).

Employing this definition, we conclude that the SCRCOG is a political subdivision of the State. The authority to establish such regional councils of government derives from a duly enacted statute, and the councils themselves are in fact established by the actions of the component municipal bodies. Conn. Gen. Stat. § 4-124j. The council has all of the rights, authority, responsibilities and duties provided in the general statutes "pertaining to regional councils of elected officials and regional planning agencies." Conn. Gen. Stat. § 4-124m. Clearly the planning functions such regional councils perform, as exemplified by the SCRCOG's efforts to secure a grant to facilitate environmental cleanup and stimulate economic growth, constitute "functions of the State which by long usage and the inherent necessities of government have always been regarded as public." State ex rel Maisano v. Mitchell, 155 Conn. 256, 263-64 (1967).

We therefore conclude that for purposes of participation in the EPA's Brownfields Assessment Demonstration Pilot program, SCRCOG is a political subdivision of the State under state law.

Very truly yours,

RICHARD BLUMENTHAL

ATTORNEY GENERAL

RB/gtd

1 Conn. Gen. Stat. § 9-167a(a)(1) provides: "Except as provided in subdivision (2) of this subsection, the maximum number of members of any board, commission, legislative body, committee or similar body of the state or any political subdivision thereof, whether elective or appointive, who may be members of the same political party, shall be as specified in the following table . . . ."