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Commerce committee advances two companion release-based cleanup bills, signals lengthy oversight ahead
Summary
The committee advanced statutory conforming changes and a review framework to support Connecticut’s transition to a release-based cleanup program, saying regulations must be finalized before the statutory changes take effect and directing ongoing review of implementation and residential issues.
The Commerce Committee advanced two related measures aimed at transitioning Connecticut to a release-based cleanup program: Senate Bill 1404, which makes conforming statutory adjustments to support the change, and House Bill 7085, which establishes a statutory framework to review the new program and associated regulations.
Committee leaders said the statutory changes in SB 1404 will be held until state regulations are finalized and approved by the Regulations Review Committee. “This will be held until those regulations are adopted,” the co-chair said during debate, noting the committee’s intent to avoid adopting statutory language that presumes final regulations. The committee therefore ordered the bill JFS to the floor with the caveat that the statutory changes would not move forward until regulatory approval.
HB 7085 was described by committee members as the vehicle to close an enforcement and oversight “black hole” identified in testimony and a series of white papers compiled by stakeholders. Co-sponsors told the panel the bill will start the review process upon passage and continue through implementation to identify unintended consequences and make adjustments. Committee members said the measure will include metrics to monitor the rollout and specifically asked staff to consider special treatment for certain residential properties that are not owner-occupied.
Multiple speakers acknowledged the work of the Department of Energy and Environmental Protection (DEEP) and the Department of Economic and Community Development (DECD) in negotiating technical details and said DEEP likely will need additional staffing and software support to implement the new model. Several lawmakers noted a long history: the existing Transfer Act process has left thousands of properties in limbo for decades; the committee cited an approximate figure of 5,000 properties originally under the Transfer Act, of which about 500 had completed the process.
Committee members flagged outstanding issues that remain on white papers from stakeholders, said the regulations will likely be returned to the agency by the Regulations Review Committee for further work, and signaled more substitute language for HB 7085 will follow. The committee approved both bills for floor action with the understanding that statutory changes in SB 1404 will not take effect until the regulations are finalized and that HB 7085 will be used as an ongoing statutory review and monitoring tool.
