Hartford Business Journal

HARTFORDBUSINESS.COM | NOVEMBER 21, 2022 9 DEAL WATCH The company that builds and installs the critical systems in virtually every type of facility is the same company you can rely on to maintain them. For over over 50 years, our clients have trusted us to deliver end-to-end facilities solutions, so they can focus on their core business. We design, install, and maintain systems in: Industrial, Manufacturing, Commercial, Higher Education, Healthcare, and Pharmaceutical facilities. WE FOCUS ON YOUR FACILITIES— SO YOU CAN FOCUS ON YOUR BUSINESS. 860.871.1111 Toll Free: 800.741.6367 nemsi.com MECHANICAL | ELECTRICAL | PLUMBING | SHEET METAL | BUILDING AUTOMATION | FACILITIES SERVICES License #'s: E1-0125666 S1-302974 P1-203519 F1-10498 SM1-192 MC-1134 Act property is $125,000 and two years' time." In 2020, Connecticut lawmakers agreed to transition to a "release- based" system in which cleanups are undertaken when contamination occurs or is discovered. Essentially, that would remove the guilty-un- til-proven-innocent brand from properties where toxic material was stored or produced, but not neces- sarily spilled or mishandled. "I think one of the frustrations has been this requirement to prove the negative," said Haydock, who is also a volunteer on the working group. The current system requires inves- tigation that wouldn't be mandated in other states, Haydock noted. Does a property where regulated materials were produced have a loading dock? If yes, then that loading dock needs to be tested to prove there hasn't been a leak at some point. In most other states, Haydock said, such tests would only be necessary if there was a recorded spill, or if there were observable suspicious circum- stances, such as dock stains or the presence of rusted chemical barrels. The Transfer Act may have its shortcomings, but, Haydock acknowledged, it has been respon- sible for the cleanup of many proper- ties since 1985. He expects the work to replace it will carry on into 2024. No easy fix There have been multiple revi- sions to the Transfer Act over the years but prior attempts to replace it wholesale faltered because stakeholders with competing inter- ests clashed or felt their concerns weren't incorporated, said state Sen. Joan V. Hartley (D-Waterbury), co-chair of the General Assembly's Commerce Committee. Hartley praised Stevens, the DEEP official, for his diplo- matic guidance of the current effort and the willingness of stake- holder volunteers to invest their time. "It took the patience of a saint here because, if you can imagine, these groups were diametrically opposed, and justifiably so," Hartley said. "They had tried to do this twice before and it had gone down in flames. Now, we are not finished here, but we are the closest we have ever been. These groups are working together in a way I've never seen before." Hartley said working group members and state policymakers appreciate the importance of getting it right this time. So much energy and trust have been invested that a failure would sour participants on subsequent reform attempts, she said. "The pressure is really on them because if this goes down again, it's over, we are never getting these people back in the room," Hartley said. Gary O'Connor, co-chair of law firm Pullman & Comley's real estate, energy, environmental and land-use department, said Transfer Act Working Group subcommittees are digging into thorny issues, including whether residential prop- erty owners will be included. There is also the concern that a release- based system might create new obligations for existing businesses. Small manufacturers could conceivably find themselves respon- sible for contamination cleanups that aren't currently considered enough of a threat to warrant immediate action, said O'Connor, one of several Pullman & Comley attorneys on the working group. "I think the subcommittees and working group are still working their way through these hot topics," O'Connor said. "Once you find a historic release, what is your obligation in terms of notification? Investigation? How far do you have to chase it? How much do you have to remediate and are there different levels of concern?" Given the complexity of the cleanup regime and potential conse- quences of change, it is understand- able the replacement process is taking time, O'Connor said. Recent progress The past few years have seen some changes enacted already to mitigate shortcomings of the existing act. In 2019, lawmakers adopted exemptions for properties that had seen certain "one-time releases," such as the removal of unused chemicals or materials during a cleanout. Also exempted were properties where soil or groundwater cleanups were undertaken. Other changes were made to the law in 2020. Hartley said lawmakers and stake- holders most involved in Transfer Act reforms anticipated a long process. She is hopeful proposed regulations could come before the General Assembly's Legislative Regulations Review Committee for a final inspec- tion by the fourth quarter of 2023. "It's been really uphill, but I certainly think we are three-quar- ters of the way up that hill," Hartley said. Joan V. Hartley

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