Consultant urges towns to prepare as Connecticut moves to release‑based brownfields system in 2026

Dale Croup, an economic development consultant who runs a brownfield land‑bank, told RiverCOG Regional Housing Committee members that Connecticut is shifting how liability and cleanup are decided for contaminated property and that local governments should prepare now.

"The release based system will go into place in March 2026," Croup said, describing a change that will focus remediation requirements and liability on a site's planned future use rather than past ownership. He told attendees that change will surface many properties that owners previously withheld from the market because of Transfer Act liability.

Croup explained practical steps towns and developers use to assess and remediate sites: Phase I environmental records/title review to identify potential contamination; Phase II testing (borings, test pits, monitoring wells) to quantify problems; and Phase III costing and remedial action planning. He said these investigations are often prerequisites for grants and for selecting appropriate remedial standards tied to future use.

On funding, Croup reviewed federal, state and local options. He noted DECD’s sequencing approach—planning/market analysis (BAR) grants (up to $200,000), assessment grants (up to $200,000) and remediation grants (recently raised to $6 million). He also cited EPA remediation and land‑revitalization programs and HUD/CDBG as possible sources for certain projects. Croup said the state reports roughly $12 of private investment for every $1 of brownfield funding it awards.

Croup emphasized risk management and the need for specialized counsel. He recommended environmental attorneys and pollution‑liability insurance (commonly five‑year, claims‑made policies that can be transferred to new owners) to reduce exposure to boards and municipal actors. He also described land banks’ role in clearing title, carrying remediation obligations, applying for grants and protecting municipalities from direct cleanup liability.

Using case studies from Hamden and Bristol, Croup illustrated how lengthy and complex projects can be but also how a mix of grants, historic tax credits, insurance and developer participation can produce housing or community assets. He said some projects take five to 10 years from assessment to occupancy and that security, taxes, title issues and prevailing‑wage requirements must be budgeted early in project planning.

In the Q&A, committee members pressed Croup on how to identify brownfields locally and whether DEEP’s public lists are reliable. Croup said DEEP maintains an official list but it can be incomplete and outdated; he recommended working with local licensed environmental professionals (LEPs) and the TAB technical assistance program to build a town‑level inventory. RiverCOG staff said they plan to contact towns and work with TAB to create a more comprehensive Middlesex County inventory.

Department of Housing project manager Ben LaGioia told the committee about municipal technical assistance and a Developers Engagement program that guarantees applicants a meeting to discuss next steps and potential funding pathways. RiverCOG also said it intends to pursue an EPA assessment or coalition grant and asked towns to identify eligible sites.

The committee recorded a procedural vote earlier in the meeting to approve minutes from Aug. 26; the motion passed with ayes recorded and no opposition. The meeting then returned to other agenda items and adjourned.

Next steps noted during the meeting: RiverCOG will pursue an EPA grant and contact towns about site inventories; staff recommended engaging LEPs, TAB and DECD early to sequence BAR → assessment → remediation funding and to budget for insurance, monitoring and prevailing‑wage requirements.