Connecticut’s Release-Based Cleanup Regulations (RBCRs)

In 2020, the Connecticut Legislature passed Public Act 20-9, which required the Connecticut Department of Energy and Environmental Protection (DEEP) to develop a new Release-Based Cleanup Program and sunset the much-maligned Property Transfer Law. The legislation required the formation of a work group, chaired by DEEP, and Connecticut Department of Economic and Community Development (DECD) to provide advice & counsel on the program development and its associated regulations.

Fuss & O’Neill was intimately involved in the process, with Brent Henebry, LEP, serving as an active work group member and chairing several key subcommittees. After three years of regular meetings and collaborative development, DEEP released a draft regulation in late 2023.

As President of the Environmental Professionals Organization of Connecticut (EPOC), which represents the state’s 300 Licensed Environmental Professionals (LEPs), Brent collaborated closely with fellow EPOC Board members, the Connecticut Business and Industry Association (CBIA), the Connecticut Bar Association’s Environmental Section, legislators, and officials from DEEP and DECD. Together, they provided detailed feedback and advocated for refinements that would strengthen the regulated community’s ability to effectively implement the new requirements. This work spanned both the unofficial and official public comment periods throughout 2024 and 2025.

Following this extensive stakeholder engagement, the legislature approved the new regulations and program in mid‑2025, with an effective date of March 1, 2026.