Understanding Release-Based Regulations

State lawmakers approved sweeping regulatory changes during the 2025 legislative session to replace the antiquated Transfer Act with new release-based cleanup regulations. When the new regulations take effect March 2026, it will be the culmination of years of collaboration between key stakeholders, including CBIA member companies, the Department of Energy and Environmental Protection, and Department of Economic and Community Development. “It had to be a partnership between the business community and state agencies to get this done,” says CBIA’s Pete Myers. Myers and Robinson+Cole’s Emilee Mooney Scott joined the CBIA BizCast to break down the regulations and why the shift will have a positive impact on the state’s economy. Mooney Scott said conversations around replacing the Transfer Act have been ongoing since she joined Robinson+Cole in 2011. She said the Transfer Act required filings and costly environmental investigations when owners tried to transfer ownership of their property. “An enormous amount of time and money goes into that evaluation,” she said. She added that the process is onerous and inefficient and “chills economic development and real estate transactions.” Under the new regulations, Mooney Scott said contamination must be investigated and remediated when a release occurs. “So, if you kick over a drum—it occurs today, or when a past release is discovered,” she said. “There’s no particular requirement to go out and prove a negative.” Connecticut based the new regulations in part on a similar system already in place in Massachusetts. “We’re a different state than Massachusetts,” Myers said. “But it was certainly a roadmap that we wanted to follow. “How can we be similar to states around us, but yet still be more competitive in those states around us?” Myers said the updated regulations will help promote economic development, particularly in cities and downtown areas. “You’re going to see a tremendous amount of sites become available in our downtowns, like Waterbury and Danbury, that are now available for economic development,” he said. Myers and Mooney Scott said it was important that the state and the regulated community keep making the program better. Because of that, the working group that’s been part of the effort to create the new regulations will continue to provide input into the program. “We’ve been building this shiny new vehicle, but we won’t really know how it drives until we take it for a spin,” Mooney Scott said. “And we’re not taking it for a spin until March 1. So, it is a huge relief that there is this feedback mechanism in place to evaluate how it drives.” As businesses prepare for the new system, Mooney Scott plans to do a video series with Robinson+Cole to help them understand the regulations. Mooney Scott and Myers encouraged businesses who are either working through the Transfer Act or planning to use the new release-based cleanup regulations to share their feedback through CBIA’s E2: Energy & Environment Council. “Members of the business community can be a bit reluctant to raise their own hands and say, I am having this problem,” Mooney Scott said. “E2 can take that feedback and pass it up in a way that helps the individual members.” “It’s a tremendous resource to have access to people like Emily and the rest of our members,” Myers added. Related Links: Robinson+Cole Website: https://www.rc.com/ LinkedIn: https://www.linkedin.com/company/robinson-cole-llp/ Emilee Mooney Scott LinkedIn: https://www.linkedin.com/in/emilee-mooney-scott-1091266/ CBIA Website: https://www.cbia.com/ LinkedIn: https://www.linkedin.com/company/cbia/ Pete Myers LinkedIn: https://www.linkedin.com/in/pete-myers-9623871ab/ ________________________________________ The CBIA BizCast is made possible through the generous support of Google. Please rate, review, and subscribe to the BizCast wherever you get your podcasts—we appreciate your support!

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