The CT Department of Energy & Environmental Protection (DEEP) has reached a significant milestone in its process of establishing a Release-Based Cleanup Program in Connecticut, to ultimately replace the Transfer Act. The new program was authorized by legislation in late 2020, and after years of informal development (including monthly advisory “Working Group” sessions with key stakeholders), DEEP has finished preparing draft program regulations and commenced the formal regulation adoption process. The current draft regulations were published in the State’s eRegulation System on July 26, 2024, which kicked off the 90-day public comment period that will run until October 24, 2024.
After the public comment procedures—which will include a public hearing on October 10 as well as a variety of other information sessions and opportunities—the draft regulations (if and as revised) will be submitted to a legislative regulation review committee process before being finalized. Once the regulations are adopted, the new program will become effective, and the “Transfer Act” will officially sunset. DEEP has made the adoption of these regulations the number one goal of the agency’s “20BY26” initiative, and has stated that it is aiming to have the new program in place by the end of 2026.
More information on the current draft program regulations and State’s adoption process is available here.
As an engaged stakeholder in the State’s environmental framework revamp, Carmody continues to closely track the new program development and help clients understand its potential future implications.
Please contact our Environmental group if you would like additional information or need advice about the State’s ongoing new program development:
Deborah R. Brancato
203.252.2648
dbrancato@carmodylaw.com
This information is for educational purposes only to provide general information and a general understanding of the law. It does not constitute legal advice and does not establish any attorney-client relationship.