by Adam Henry, P.G., LEP, GZA GeoEnvironmental

On March 1, 2026, the Connecticut Transfer Act, which has been one of the primary drivers of environmental cleanup of polluted properties for more than 40 years, will sunset. After March 1, 2026, requirements for cleanups will no longer be triggered as a result of the transfer of an “establishment” and responsible parties will no longer be required to conduct site-wide investigations to “prove the negative.” However, responsible parties that already have Transfer Act obligations will still be required to complete them.

Starting March 1, 2026, the new Connecticut Release Based Cleanup Regulations (RBCRs) will require cleanup of pollution when it is discovered, similar to what is currently required in most other states. Discovery can occur when soil or groundwater samples collected March 1st or after identify pollution. Discovery can also occur when “multiple lines of evidence” are observed, including soil staining, odors, or urban fill material or information is available regarding historical testing data (however, a “filing cabinet exemption” exists for environmental reports/data issued prior to March 1, 2026).

When pollution is discovered, the RBCRs require the responsible party to complete cleanup of the polluted area within 120 days or report the pollution to the Connecticut Department of Energy and Environmental Protection (CTDEEP), or sooner if pollution is significant. If compliance with the RBCRs is not achieved within one year, the polluted area must be assigned to a “cleanup tier”, annual fees are required depending on the severity of the condition and deadlines for cleanup are applicable.

The transition from the Transfer Act, which regulates a relatively narrow subset of properties, to the RBCRs, which will apply to pollution discovered at all properties, represents a sea change in how environmental cleanups in Connecticut are completed and will have significant implications for how due diligence is conducted, construction projects are planned, and environmental information is managed.

The Author:

Adam Henry, P.G., LEP Mr. Henry, an Associate Principal of GZA GeoEnvironmental, Inc., leads the firm’s Buildings and Real Estate Development sector. He has over 20 years of experience managing site assessments, investigations, and remediation projects. He also works closely with lenders, developers, business owners and attorneys to complete their environmental due diligence during real estate acquisitions, divestiture and refinancing. If you have questions about how the new regulations may impact your business or property, please contact him at Adam.Henry@GZA.com or 860-858-3166.