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An Act to overcome coastal and environmental acidification and nutrient pollution
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H793
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HD3032
| 193
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{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-16T23:13:34.71'}
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[{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-16T23:13:34.71'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-19T22:38:45.3433333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-27T14:13:46.5'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T14:13:46.5'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T09:40:51.1266667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-18T10:34:29.3233333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T07:55:13.6033333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-07T15:55:17.3833333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-14T10:58:53.4166667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-16T21:17:57.65'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:42:53.3066667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T14:39:55.3833333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T11:58:32.6633333'}]
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{'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-19T22:38:00.613'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H793/DocumentHistoryActions
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Bill
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By Representatives Fernandes of Falmouth and Muratore of Plymouth, a petition (accompanied by bill, House, No. 793) of Dylan A. Fernandes, Mathew J. Muratore and others relative to coastal and environmental acidification and nutrient pollution. Environment and Natural Resources.
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SECTION 1. Chapter 6 of the General Laws is hereby amended by inserting after Section 15LLLLLL the following section:-
Section 15MMMMMM. The governor shall annually issue a proclamation setting apart the third full week in August as Ocean Acidification Awareness Week and recommending that the day be observed in an appropriate manner by the people, promoting citizen science initiatives and action by the general public not only to preserve the health of the coastline but also to generate valuable scientific data for the commonwealth.
SECTION 2. Section 1 of chapter 21N of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Carbon dioxide equivalent” the following 4 definitions:-
“Coastal acidification”, the acidification of coastal waters driven by background ocean acidification, eutrophication, freshwater inputs, atmospheric deposition and any other natural or anthropogenic stressor.
“Coastal stressors”, eutrophication, nutrient pollution, freshwater inputs and atmospheric deposition from the coast acidifying coastal waters.
“Coastal waters”, any waters and associated submerged lands of the ocean, including the seabed and subsoil, lying between the coast and the seaward boundary of the commonwealth, as defined in 43 U.S.C. 1312.
“Coastal watershed”, the Merrimack, Parker, Ipswich, North Coastal, Mystic, Neponset, Charles, South Coastal, Cape Cod, Islands, Buzzards Bay, Taunton and Narragansett watersheds.
SECTION 3. Said section 1 of said chapter 21N, as so appearing, is hereby further amended by inserting after the definition of “Entity” the following definition:-
“Eutrophication”, a condition of coastal or fresh waters having elevated nutrient concentrations.
SECTION 4. Said section 1 of said chapter 21N, as so appearing, is hereby further amended by inserting after the definition of “Nature-based solutions” the following definition:-
“Ocean acidification”, the acidification of the greater Atlantic ocean driven by atmospheric carbon deposition independent of coastal stressors.
SECTION 5. Section 10 of said chapter 21N, as so appearing, is hereby amended by inserting after the word “surge”, in line 9, the following words:- , ocean and coastal acidification.
SECTION 6.. Said chapter 21N is hereby amended by adding the following section:-
Section 12. (a) There shall be an ocean acidification council to consist of 11 members: the secretary of energy and environmental affairs, who shall be the chair; the director of coastal zone management or a designee; the commissioner of environmental protection or a designee; the director of the Massachusetts environmental policy act office or a designee; the director of marine fisheries or a designee, the director of ecological restoration or a designee; the commissioner of agricultural resources or a designee; and 4 public members to be appointed by the governor, 1 of whom shall be a member of a private monitoring organization in the state, 1 of whom shall be a member of the state shellfishing industry, 1 of whom shall be a scientist specializing in coastal conservation and 1 of whom shall be a member of the Massachusetts Municipal Association, Inc.
(b) The council shall: (i) work to further understand and take action against the threat posed by ocean and coastal acidification; (ii) engage with and, to the extent practicable, coordinate public and private monitoring efforts; (iii) harmonize data gathering; (iv) provide monitoring hardware and technical training; (v) maintain a central repository for acidification data; and (vi) recommend mitigative interventions for coastal stressors or adaptive technologies for aquaculture, prioritizing nature-based solutions to manage stormwater and reduce nutrient pollution. The council may direct monies from the Ocean Acidification Fund established in section 2PPPPPP of chapter 29 to target existing programs and novel approaches to restore and buffer marine habitats and resources impacted by acidification.
(c) Within 1 year of the council’s formation, the council shall perform and publish a gap analysis for ocean monitoring with recommended measures for creating an appropriate spatial and temporal resolution to model ocean acidification in coastal waters and project acidification trends. The council shall convene a public workshop with local ocean monitoring groups to ascertain monitoring needs and inform the analysis, and hold 2 public hearings. The analysis shall identify appropriate monitoring technologies and select coastal waters where ocean acidification monitoring equipment shall be placed. The ocean acidification monitoring system shall enable modeling for long term pH changes in coastal waters and permit short-term monitoring of aragonite saturation in variable and sensitive coastal waters to protect critical habitat and shellfish.
(d) The council shall coordinate implementation of the ocean acidification monitoring system, implementing the system within 3 years of the effective date of this section. The council shall ensure that data derived from the monitoring system is publicly accessible in a standardized format useful for public and private research.
(e) The council may commission independent studies and agency reports to fill acidification knowledge gaps. The council shall commission the studies and reports as soon as practicable, beginning at a later date if dependent on data derived from the ocean acidification monitoring system described in subsection (d). The council shall avoid duplicating regional efforts, incorporating best available science with data from the ocean acidification monitoring system established in subsection (d) and data from local and private monitoring efforts where available. These efforts shall include, but shall not be limited to:
(i) modeling ocean and coastal acidification trends in coastal waters and project acidification trends;
(ii) studying the effects of acidification on marine species that are ecologically or economically important or understudied. The study shall examine the impact of multimodal stress and shall include, at minimum, a study of acidification effects on the American lobster, Eastern oyster, sea scallops, quahogs and fin fish;
(iii) clarifying the causal relationship between nutrient pollution, eutrophication and coastal acidification in coastal waters;
(iv) determining how different coastal stressors contribute to coastal acidification;
(v) estimating the economic impacts of modeled and projected acidification on the commonwealth’s economy;
(vi) determining if current total maximum daily loads under the Massachusetts estuaries project are sufficient to keep acidity in Massachusetts embayments within the ranges required by 314 CMR 4.05 through 2050 and proposing changes to 314 CMR §§ 4 and 5 and total maximum daily loads if needed, taking into account ocean and coastal acidification as particularized stressors;
(vii) performing cost-benefit analyses of intervention strategies to determine where pollution reductions will most efficiently resilience acidification; and
(viii) developing best adaptive practices for the shellfishing industry to use to adapt to acidification.
(f) If the council determines that eutrophication has more than a de minimis impact on coastal acidification in any given embayment or coastal zone, the council may implement necessary improvements in the most efficient manner to reduce eutrophication. The council may target funds from the Ocean Acidification Fund established in section 2PPPPPP of chapter 29 to existing state programs or proposed municipal projects for the purposes of:
(i) financing necessary upgrades to publicly owned treatment works located in coastal watersheds to achieve enhanced nutrient removal;
(ii) replacing septic systems in nutrient sensitive coastal watersheds with connections to new or existing publicly owned treatment works, or upgrading existing systems to nitrogen-reducing systems; and
(iii) implementing other appropriate measures, including but not limited to installing permeable reactive barriers and funding salt marsh restoration.
SECTION 7. Chapter 29 of the General Laws is hereby amended by inserting after section 2OOOOOO, as inserted by section 13 of chapter 358 of the acts of 2020, the following section:-
Section 2PPPPPP. (a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Ocean Acidification Fund. The ocean acidification council shall administer the fund. Notwithstanding any general or special law to the contrary, there shall be credited to the fund any revenue subject to appropriations or other money authorized by the general court and specifically designated to be credited to the fund and any gifts, grants, private contributions, investment income earned by the fund's assets and any designated funds from other sources. No expenditures from the fund shall cause the fund to be in deficiency at the close of the fiscal year. Any money in the fund at the end of the fiscal year shall not revert to the General Fund, shall be available for expenditure in the subsequent year and shall not be subject to section 5C.
(b) Amounts credited to the fund shall be expended, without further appropriation, for the purposes of restoring and buffering marine habitats and resources impacted by acidification and financing infrastructure improvements to reduce eutrophication as provided in section 12 of chapter 21N.
SECTION 8. Section 61 of chapter 30 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “rise”, in line 16, the following words:- and coastal ocean acidification.
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An Act of leadership by the state of Massachusetts to reduce single use plastics
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H794
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HD3015
| 193
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{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-19T21:56:57.22'}
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[{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-19T21:56:57.22'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-23T17:48:13.4666667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-05T23:01:12.5633333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T17:06:56.1166667'}]
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Bill
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By Representative Fernandes of Falmouth, a petition (accompanied by bill, House, No. 794) of Dylan A. Fernandes and others relative to single use plastics. Environment and Natural Resources.
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SECTION 1. Chapter 7 of the General Laws is hereby amended by inserting after section 22O the following section:-
Section 22P. (a) For purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:
“Beverage container”, the individual or separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and which is constructed of metal, glass, or plastic, or other material, or any combination of these materials. Beverage container does not include cups or other similar open or loosely sealed receptacles.
“Division”, operational services division.
“Food service facility” means an operation or business that is located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency and that stores, prepares, packages, serves, vends, or otherwise provides prepared food. “Food service facility” may include, but is not limited to, a cafeteria, commissary, restaurant, deli, store, shop, market, or mobile food unit.
“Food service product” means a product used for serving or transporting prepared, ready-to-consume food or beverages, including, but not limited to, plates, cups, beverage containers, bowls, trays, hinged or lidded containers, and single-use disposable items, such as straws, cup lids, plastic bags, plastic water or soda containers, and utensils, or single-use disposable products for prepackaged, sealed food that was produced by a third party off the premises of the food service facility.
“Prepared food” means a food or beverage prepared for consumption on or off a food service facility’s premises, using any cooking or food preparation technique. “Prepared food” does not include prepackaged, sealed food that is mass produced by a third party off the premises of the food service facility.
“State agency” shall include all executive offices, boards, commissions, agencies, departments, divisions, councils, bureaus, and offices now existing and hereafter established.
(b) (1) The operational services division, in consultation with the department of environmental protection, shall promulgate regulations to establish a process and develop criteria for determining the types of food service products that are reusable, recyclable, compostable or biodegradable in accordance with this subsection. The division may consult with local governments and representatives of the solid waste industry, recycling industry, and compost industry, and food service product manufacturers in determining if such products are reusable, recyclable, compostable or biodegradable. To the extent possible, the division may utilize resources and standards of the Environmental Purchasing Policy Program to establish such criteria and make such determinations.
(2) As part of the regulatory process, the division shall seek input and feedback from stakeholders including, but not limited to, food service product manufacturers, environmental and public health organizations, and food service facilities.
(3) The regulations promulgated pursuant to this section shall be used for determining the types of food service products that shall be included on the list developed by the division pursuant to subsection (d). The regulations shall also specify how the list shall be maintained and updated.
(4) For the purpose of determining if a type of food service product is reusable, the division shall consider, at a minimum, the following criteria, which shall be included in the regulations:
(A) whether the product is conventionally disposed of after a single use; and
(B) whether the product is sufficiently durable and washable to allow for multiple uses.
(5) For the purpose of determining if a type of food service product is recyclable, the division shall consider, at a minimum, the following criteria, which shall be included in the regulations:
(A) whether the type of food service product is eligible to be labeled as “recyclable” in accordance with the Environmental Purchasing Policy Program.
(B) whether the type of food service product is regularly collected, separated, and cleansed for recycling by recycling service providers;
(C) whether the type of food service product is regularly sorted and aggregated into defined streams for recycling processes;
(D) whether the type of food service product is regularly processed and reclaimed or recycled with commercial recycling processes;
(E) whether the food service product material regularly becomes feedstock that is used in the production of new products; and
(F) whether the food service product material is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value.
(6) For the purpose of determining if a type of food service product is compostable, the division shall consider, at a minimum, all of the following criteria, which shall be included in the regulations:
(A) whether the food service product will, in a safe and timely manner, break down or otherwise become part of usable compost that can be composted in a public or private aerobic compost facility designed for and capable of processing post-consumer food waste and food-soiled paper;
(B) whether food service products made from plastic are certified to meet the ASTM International standard specification for compostable plastics or biodegradable plastics used as coatings on paper and other compostable substrates, if applicable;
(C) whether the food service product is regularly collected and accepted for processing at public and private compost facilities; and
(D) whether the type of food service product is eligible to be labeled as “compostable” in accordance with a the Environmental Purchasing Policy Program or a third party certification approved by the division.
Local governments, solid waste facilities, recycling facilities, and composting facilities shall provide information requested by the division pursuant to clauses (4) to (6), inclusive, of this subsection to the division.
(7) The division shall determine whether a single-use plastic food service product is biodegradable; provided, however, that this determination shall not apply to single-use disposable products for prepackaged, sealed food that was produced by a third-party off the premises of the food service facility.
(8) In developing said regulations, the division may take into account potential impacts on litter, public health and wildlife. In evaluating these impacts, the division may consider any of the following:
(A) information on the volume of food service product litter obtained from state entities or organizations that regularly conduct litter cleanup activities;
(B) litter reduction policies that would assist in state efforts to prevent ocean litter and protect water resources;
(C) whether a chemical used in the manufacture of a type of food service product has been listed on the toxic or hazardous substance list pursuant to section 9 of chapter 21I, designated as a toxic or hazardous substance pursuant to section 4 of chapter 111F, or otherwise identified by the commonwealth as a toxic or dangerous substance;
(D) existing scientific information available from the United States Food and Drug Administration and the department of public health pertaining to the specific chemical used in the manufacture of a type of food service product; and
(E) information on the impacts that improperly disposed of food service products may have on wildlife, as well as policy recommendations, including waste collection infrastructure improvements, that could be implemented at state facilities to reduce the impact on wildlife.
(c) The division may convene a stakeholder group to assist the division in implementing this section that consists of, but is not limited to, litter prevention organizations, environmental organizations, and trade associations representing food service product manufacturers or suppliers.
(d) (1) The division shall develop a list of approved types of food service products that shall be used by food service facilities and shall publish the list on its website. The division shall only include on the list a type of food service product that is reusable, recyclable, or compostable, as determined in accordance with the regulations adopted by the division pursuant to this section; provided, however, that single-use plastic food service products, except for single-use disposable products for prepackaged, sealed food that was produced by a third-party off the premises of the food service facility, shall not be included on the list unless they are determined to be biodegradable pursuant to clause (7) of subsection (c).
(2) The division shall regularly, but not less than once every 5 years, evaluate the list of approved types of food service products to determine whether the types of approved food service products are reusable, recyclable, compostable or biodegradable. After such evaluation, the division may amend the list to remove or add a type of food service product based on whether it is reusable, recyclable, compostable or biodegradable pursuant to this section and the regulations promulgated pursuant to this section. The division shall post any updates to the list on its website.
(3) The division may require a manufacturer that seeks to have included on the list a type of food service product or material to submit data for purposes of the division’s evaluation of whether to include the type of food service product or material on the list.
(4) On and after the date the list of approved types of food service products is published to the division website pursuant to clause (2), and except as provided in clause (5), a food service facility shall not dispense food or beverages using a food service product unless the type of food service product is on said list.
(5) A food service facility may use a food service product that is not on the list maintained and updated by the division pursuant to this subsection only under either of the following circumstances:
(A) the food service facility possessed that specific inventory of food service products before the date the list was published or the list was updated to remove the type of food service product, and the type of food service product was on the list when the food service facility took possession of the food service product; or
(B) the food service facility acquired that specific inventory of food service products pursuant to a contract entered into before the date the list was published or the list was updated to remove the type of food service product, and the type of food service product was on the list when the food service facility entered into the contract.
(6) No food service facility shall dispense single-use disposable bottles containing water or soda, or single-use plastic bags; provided that this shall not apply to plastic bags that are single-use disposable products for prepackaged, sealed food that was produced by a third-party off the premises of the food service facility
(e) The division may establish a process to authorize regional use of food service products that is consistent with the requirements and considerations of this section.
(f) For a contract between a food service facility and a state agency that is subject to this section and that is entered into, renewed, or updated after the date the list pursuant to subsection (d) is published, the food service facility shall ensure that the food service products subject to the contract are in compliance with this section.
(g) (1) In order to ensure compliance with this section, a food service facility shall provide, upon request by the division, reasonable and timely access, as determined by the division, to contracts, invoices, and purchase orders between the food service facility and a food service product manufacturer or distributor that include information demonstrating whether the food service product material acquired by the food service facility is in compliance with this section.
(2) A food service facility shall maintain any record related to the requirements of this section for a minimum of 5 years.
(3) Records or information supplied to the division pursuant to this section that are, at the time of submission, claimed to be trade secrets, proprietary, or confidential shall be kept confidential and not considered a public record if the division determines that such records or information, if made public, would divulge a trade secret; except to the extent necessary under federal law.
(h) (1) The operational services division and any state agency that is entering into a contract or agreement or amending an existing contract or agreement with a food service facility shall ensure that the relevant contract or agreement complies with the requirements of this section. No contract between a state agency and a food service facility entered into after the date on which the list of approved food service products is published to the division’s website pursuant to subsection (d) shall authorize the use of food service products not on said list, except as provided in clause (5) of said subsection (d).
(2) The operational services division shall do the following:
(A) publish, within 90 days of the date the list of approved types of food service products is published pursuant to subsection (d), the requirements imposed on a food service facility under this section in the division's contract user guide for foodservice supplies and equipment;
(B) ensure that any new, modified, or renewed agreements, contracts, or procurement undertaken by a food service facility as part of a contract or agreement with the operational services division or a state agency complies with the requirements of this section; and
(C) when reasonably feasible, provide a food service facility with which the division or a state agency has a contract or agreement with resources to identify food service product suppliers, distributors, brokers, or manufacturers that sell the types of food service products approved by the division pursuant to this section.
(i) The operational services division shall take the appropriate steps, including, but not limited to, revising relevant state contracting and procurement rules and procedures, in order to fulfill the requirements of this section.
(j) The division may promulgate regulations as necessary to implement this section.
(k) This section does not preempt the authority of a city or town to adopt and enforce additional food product ordinances, regulations, or policies that are more restrictive than the applicable standards required by this section; provided that such ordinances, regulations or policies shall not apply to food service facilities governed by this section.
SECTION 2. The operational services division, in consultation with the department of environmental protection, shall promulgate regulations pursuant to section 22P of chapter 7 of the General Laws by January 1, 2024.
SECTION 3. The operational services division shall publish the list of approved types of food service products on its website pursuant to subsection (d) of section 22P of chapter 7 of the General Laws within 90 days after the regulations promulgated pursuant to subsection (b) of said section 22P are published.
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An Act relative to recreation on private tidelands
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H795
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HD3027
| 193
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{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-19T22:14:47.8'}
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[{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-19T22:14:47.8'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:31:34.0633333'}]
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Bill
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By Representative Fernandes of Falmouth, a petition (accompanied by bill, House, No. 795) of Dylan A. Fernandes relative to recreation on private tidelands. Environment and Natural Resources.
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SECTION 1. Section 1 of chapter 91 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “for the purposes of”, in line 36, the following words:- recreation and.
SECTION 2. Said section 1 of said chapter 91, as so appearing, is hereby further amended by inserting after the definition of “Private tidelands” the following definition:-
“Recreation”, the use of land for relaxation, exercise, watersports or other enjoyable pastimes.
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An Act to provide for housing within the Manuel F. Correllus State Forest
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H796
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HD3036
| 193
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{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-16T18:16:57.5'}
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[{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-16T18:16:57.5'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-04-27T16:15:06.1'}]
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Bill
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By Representative Fernandes of Falmouth, a petition (accompanied by bill, House, No. 796) of Dylan A. Fernandes for legislation to provide for residency in the existing house within the Manuel F. Correllus State Forest. Environment and Natural Resources.
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Chapter 21 of the General Laws is hereby amended by adding the following section:-
Section 68. The department shall make available housing without charge to the superintendent of the Manuel F. Correllus state forest on Martha’s Vineyard. The housing shall be the existing house in the forest. If the superintendent elects not to live in the house, the department shall make the house available to other employees of the department who care for the forest, on the same terms.
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An Act removing barriers to beach access
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H797
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HD3042
| 193
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{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-17T23:46:27.05'}
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[{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-17T23:46:27.05'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:49:54.7433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H797/DocumentHistoryActions
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Bill
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By Representative Fernandes of Falmouth, a petition (accompanied by bill, House, No. 797) of Dylan A. Fernandes and Michelle M. DuBois relative to beach access and parking fees. Environment and Natural Resources.
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SECTION 1. Chapter 29 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following section:
Section 72. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Excessive parking fees”, any fee that exceeds beach parking fees for residents of the commonwealth set by the department of conservation and recreation.
(b) No state agency or state authority shall make expenditures involving state monies to beaches that restrict access to residents or renters of the municipalities that control said beaches only.
(c) No state agency shall make expenditures involving state monies to beaches that charge excessive parking fees in parking lots dedicated to such beaches.
(d) A city or town shall not be eligible for any state or federal funds or grants administered by the commonwealth until such time as the municipality has provided for access to municipal beaches pursuant to subsection (b) and reduced excessive parking fees to an amount no greater than the highest beach parking charged by the commonwealth for residents of the commonwealth.
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An Act to facilitate climate resiliency
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H798
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HD1435
| 193
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{'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-18T12:33:58.42'}
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[{'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-18T12:33:58.42'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H798/DocumentHistoryActions
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Bill
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By Representative Ferrante of Gloucester, a petition (accompanied by bill, House, No. 798) of Ann-Margaret Ferrante relative to climate resiliency protection projects. Environment and Natural Resources.
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SECTION 1. Section 18C(a) of Chapter 91 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “section” and replacing it with the word “subsection”.
SECTION 2. Said section is hereby further amended by inserting after subsection (k) the following section: “(l) Notwithstanding any general or special law to the contrary, the department shall issue a general license authorizing any publicly beneficial climate resiliency project that is designated by a conservation commission, selectmen or mayor under MGL c.131 S. 40.”
SECTION 3. Section 40 of Chapter 131 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding in the first paragraph, prior to the word “electric”, the words “climate resiliency protection”.
SECTION 4. Said section, as so appearing, is hereby further amended in line 231 by inserting after the words “coastal engineering structures,” the following words:- “climate resiliency protection projects,”
SECTION 5. Said section is hereby further amended in line 270 by inserting the following after the word “therewithin”:- “In the case of a publicly beneficial climate resiliency project in support of flood control and storm damage prevention, where temporary or permanent loss of a resource area and/or the conversion of one resource area to another is necessary to the achievement of the project’s resiliency goals, such conditions shall not include a requirement to minimize or mitigate through replication the loss of resource areas. Projects designated by the conservation commission, selectmen, or mayor as publicly beneficial climate resiliency projects shall be eligible for a general permit under a procedure to be established by the Department paralleling that available for ecological restoration projects.”
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An Act relative to beavers
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H799
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HD3501
| 193
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{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:09:23.707'}
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[{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:09:23.7066667'}]
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Bill
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By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 799) of Paul K. Frost for legislation to repeal the law relative to the use of leghold traps for capturing furbearing animals. Environment and Natural Resources.
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SECTION 1. Section 80A of chapter 131 of the General Laws is hereby repealed.
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Legislative recommendations of the Public Employee Retirement Administration Commission
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H8
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HD8
| 193
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{'Id': None, 'Name': 'Public Employee Retirement Administration Commission', 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-06T14:37:04.977'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H8/DocumentHistoryActions
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Letter of Transmittal
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An Act relative to internet privacy rights for children
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H80
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HD2325
| 193
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T12:21:58.447'}
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[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T12:21:58.4466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H80/DocumentHistoryActions
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Bill
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By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 80) of David M. Rogers relative to internet privacy rights for children. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Chapter 93 of the General Laws is hereby amended by adding the following section:-
Section 115. (a) For the purposes of this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Internet web site, online service, online application or mobile application directed to minors”, an internet web site, online service, online application or mobile application or a portion thereof, that is created for the purpose of reaching an audience that is predominately comprised of minors and is not intended for a more general audience comprised of adults; provided, however, that an internet web site, online service, online application or mobile application or a portion thereof, shall not be deemed to be directed at minors solely because it refers or links to an internet web site, online service, online application or mobile application directed to minors by using information location tools including, a directory, index, reference, pointer or hypertext link.
“Less lethal weapon”, any device that is designed to or that has been converted to expel or propel less lethal ammunition by any action, mechanism or process for the purpose of incapacitating, immobilizing or stunning a human being through the infliction of any less than lethal impairment of physical condition, function or senses including, physical pain or discomfort.
“Marketing or advertising”, in exchange for monetary compensation, to make a communication to 1 or more individuals or to arrange for the dissemination to the public of a communication about a product or service the primary purpose of which is to encourage recipients of the communication to purchase or use the product or service.
“Minor”, a natural person under 18 years of age who resides in the commonwealth.
“Obscene matter”, a matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way and that, taken as a whole, lacks serious literary, artistic, political or scientific value.
“Operator”, any person or entity that owns an internet web site, online service, online application or mobile application. It does not include any third party that operates, hosts or manages but, does not own an internet web site, online service, online application or mobile application on the owner’s behalf or processes information on the owner’s behalf.
“Posted”, content or information that can be accessed by a user in addition to the minor who posted the content or information, whether the user is a registered user or not, of the internet web site, online service, online application or mobile application where the content or information is posted.
(b) An operator of an internet web site, online service, online application or mobile application directed to minors shall not market or advertise a product or a service described in subsection (g) on its internet web site, online service, online application or mobile application directed to minors.
(c) (1) An operator of an internet web site, online service, online application or mobile application shall not market or advertise a product or service described in subsection (g) to a minor who the operator has actual knowledge is using its internet web site, online service, online application or mobile application and is a minor, if the marketing or advertising is specifically directed to that minor based upon information specific to that minor including, but not limited to, the minor's profile, activity, address or location sufficient to establish contact with a minor and excluding internet protocol address and product identification numbers for the operation of a service.
(2) An operator of an internet web site, online service, online application or mobile application shall be deemed to be in compliance with paragraph (1) if the operator takes reasonable actions in good faith designed to avoid marketing or advertising under circumstances prohibited under paragraph (1).
(d) An operator of an internet web site, online service, online application or mobile application directed to minors or who has actual knowledge that a minor is using its internet web site, online service, online application or mobile application shall not knowingly use, disclose, compile, or allow a third party to use, disclose or compile, the personal information of a minor with actual knowledge that the use, disclosure or compilation is for the purpose of marketing or advertising products or services to that minor for a product described in subsection (g).
(e) This section shall not be construed to require an operator of an internet web site, online service, online application or mobile application to collect or retain age information about users.
(f)(1) With respect to marketing or advertising provided by an advertising service, the operator of an internet web site, online service, online application or mobile application directed to minors shall be deemed to be in compliance with subsection (b) if the operator notifies the advertising service, in the manner required by the advertising service, that the site, service or application is directed to minors.
(2) If an advertising service is notified, in the manner required by the advertising service, that an internet web site, online service, online application or mobile application is directed to minors pursuant to paragraph (1), the advertising service shall not market or advertise a product or service on the operator's internet web site, online service, online application or mobile application that is described in subsection (g).
(g) The marketing and advertising restrictions described in subsections (b) and (c) shall apply to the following products and services: (i) alcoholic beverages; (ii) firearms or handguns; (iii) ammunition or reloaded ammunition; (iv) firearms safety certificates; (v) aerosol container of paint that is capable of defacing property; (vi) etching cream that is capable of defacing property; (vii) any tobacco, cigarette or cigarette papers, blunt wraps or any other preparation of tobacco or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco or any controlled substance; (viii) any cannabis, cannabis product, cannabis business or any instrument or paraphernalia that is designed for the smoking or ingestion of cannabis or cannabis products; (ix) BB, pellet expelling device or a less lethal weapon; (x) fireworks; (xi) tanning in an ultraviolet tanning device; (xii) dietary supplement products containing ephedrine group alkaloids; (xiii) tickets or shares in a lottery game; (ivx) Salvia divinorum or Salvinorin A or any substance or material containing Salvia divinorum or Salvinorin A; (xv) body branding; (xvi) permanent tattoo; (xvii) drug paraphernalia; (xviii) electronic cigarette; or (xix) obscene matter.
(h) The marketing and advertising restrictions described in subsections (b), (c) and (d) shall not apply to the incidental placement of products or services embedded in content if the content is not distributed by or at the direction of the operator primarily for the purposes of marketing and advertising of the products or services described in subsection (g).
(i) An operator of an internet web site, online service, online application or mobile application directed to minors or an operator of an internet web site, online service, online application or mobile application that has actual knowledge that a minor is using its internet web site, online service, online application or mobile application shall do all of the following:
(1) permit a minor who is a registered user of the operator's internet web site, online service, online application or mobile application to remove or if the operator prefers, to request and obtain removal of, content or information posted on the operator’s internet web site, online service, online application or mobile application by the user;
(2) provide notice to a minor who is a registered user of the operator’s internet web site, online service, online application or mobile application that the minor may remove or, if the operator prefers, request and obtain removal of, content or information posted on the operator's internet web site, online service, online application or mobile application by the registered user;
(3) provide clear instructions to a minor who is a registered user of the operator's internet web site, online service, online application or mobile application on how the user may remove or if the operator prefers, request and obtain the removal of content or information posted on the operator's internet web site, online service, online application or mobile application; and
(4) provide notice to a minor who is a registered user of the operator's internet web site, online service, online application or mobile application that the removal described under paragraph (1) does not ensure complete or comprehensive removal of the content or information posted on the operator's internet web site, online service, online application or mobile application by the registered user.
(j) An operator of an internet web site, online service, online application or mobile application directed to minors who violated any provision of this section shall be held liable for a civil penalty of not more than $2,500 per violation. The attorney general may file a civil action in the superior or district court in the name of the commonwealth to recover such penalties.
(k) An operator or a third party is not required to erase or otherwise eliminate or to enable erasure or elimination of, content or information in any of the following circumstances:
(i) federal law or a general or special law requires the operator or third party to maintain the content or information;
(ii) the content or information was stored on or posted to the operator’s internet web site, online service, online application or mobile application by a third party other than the minor, who is a registered user including, any content or information posted by the registered user that was stored, republished or reposted by the third party;
(iii) the operator anonymizes the content or information posted by the minor who is a registered user, so that the minor who is a registered user cannot be individually identified;
(iv) the minor does not follow the instructions provided to the minor pursuant to paragraph (3) of subsection (i) on how the registered user may request and obtain the removal of content or information posted on the operator's internet web site, online service, online application or mobile application by the registered user; and
(v) the minor has received compensation or other consideration for providing the content.
(l) This section shall not be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court.
(m) An operator shall be deemed compliant with this section if:
(i) it renders the content or information posted by the minor user no longer visible to other users of the service and the public even if the content or information remains on the operator's servers in some form; and
(ii) despite making the original posting by the minor user invisible, it remains visible because a third party has copied the posting or reposted the content or information posted by the minor.
(n) This section shall not be construed to require an operator of an internet web site, online service, online application or mobile application to collect age information about users.
SECTION 2. This act shall take effect on January 1, 2024.
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An Act authorizing the use of bow and arrows for Sunday hunting
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H800
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HD3506
| 193
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{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:09:57.95'}
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[{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:09:57.95'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H800/DocumentHistoryActions
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Bill
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By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 800) of Paul K. Frost relative to authorizing the use of bow and arrows for Sunday hunting. Environment and Natural Resources.
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SECTION 1. Section 57 of chapter 131 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 4, the words “,shotgun or bow and arrow” and inserting in place thereof the following words:- or shotgun.
SECTION 2. Said section 57 of said chapter 131, as so appearing, is hereby further amended by inserting after the word “director”, in line 15, the following words:- nor hunting any bird or mammal with a bow and arrow.
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An Act relative to dogs brought into the Commonwealth by animal rescue organizations
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H801
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HD155
| 193
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{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:39:50.283'}
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[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:39:50.2833333'}, {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-02-08T13:53:39.11'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-23T09:27:07.66'}]
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Bill
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By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 801) of William C. Galvin, Joseph W. McGonagle, Jr. and Kate Lipper-Garabedian relative to dogs brought into the Commonwealth by animal rescue organizations. Environment and Natural Resources.
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Chapter 129 of the General Laws is hereby amended by inserting after section 39A the following section:-
Section 39B. (a) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Animal rescue organization”, an entity that is not otherwise required to be licensed pursuant to sections 39, 39A or 45, or section 152A of chapter 94, and whose primary activity is the placement of abandoned, displaced, unwanted, neglected or abused domestic animals, including dogs; provided, that an animal rescue organization shall not obtain dogs from a breeder or broker for payment or compensation; and provided, further that an animal rescue organization shall be exempt from taxation under section 501(c)(3) of the federal Internal Revenue Code or equivalent nonprofit designation under said Code.
“Dog”, a mammal of the species Canis familiaris
“Quarantine”, the confinement of a dog, for the purposes of: (1) observing if the dog displays signs of contagious or infectious illness and (2) minimizing the risk of the dog spreading such contagious or infectious illness to humans and other animals.
(b) A dog brought into the commonwealth by an animal rescue organization from another state for the purpose of permanent physical placement shall quarantine for not less than 48 hours upon entry to the commonwealth. The quarantine may occur in the: (1) residence of the permanent or temporary placement of the dog or (2) in a quarantine facility licensed by the director. After quarantine, a veterinarian shall examine the dog and issue a certificate of health if the dog does not display signs of contagious or infectious illness.
This subsection shall not apply to the voluntary, permanent surrender of a dog to an animal rescue organization in the commonwealth by an individual owner if the owner resides in Connecticut, Maine, New Hampshire, New York, Rhode Island or Vermont and the owner provides transportation of the dog into the commonwealth.
(c) Any dog brought into the commonwealth shall be vaccinated for rabies, distemper, parvovirus and leptospirosis. The director may require additional vaccination before a dog is brought into the commonwealth.
(d) The director shall promulgate regulations to implement this section.
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An Act relative to the siting of facilities dealing with refuse
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H802
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HD156
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{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:41:30.99'}
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[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:41:30.99'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-06T10:32:26.8566667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-08T13:53:30.1233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H802/DocumentHistoryActions
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Bill
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By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 802) of William C. Galvin, Thomas M. Stanley and Michelle M. DuBois relative to the siting of refuse facilities. Environment and Natural Resources.
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SECTION 1. Section 150A of chapter 111 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended , in lines 1 through 111, by striking out the first through tenth paragraphs , inclusive, and inserting in place thereof the following 15 paragraphs:-
Section 150A. As used in this section and in section one hundred and fifty A1/2 the following words shall, unless the context otherwise requires, have the following meanings:—
“Department”, the department of environmental protection.
“Facility”, a sanitary landfill, a refuse transfer station, a refuse incinerator rated by the department at more than one ton of refuse per hour, a resource recovery facility, a refuse composting plant, a dumping ground for refuse or any other works for treating, storing, or disposing of refuse.
“Facility Density Zone”, a geographical area or zone where 5 or more existing facility sites are situated, in part or whole, within 4 miles of a proposed new or expanded facility site, to be measured from the nearest boundary point. Additionally, an existing facility site for the purposes of this definition shall include, (i) the proposed facility site, if being expanded, and (ii) the site of another proposed facility where a site assignment was made by the local board of health or department within the last 3 years, provided no permit to establish, construct or expand the other facility was issued by the department. A proposed facility shall be deemed as within such area or zone, if the defined requisite numbers of existing facility sites are located within 4 miles of a boundary of the proposed facility site.
“Local board of health”, the board of health of the municipality where, the proposed new facility or expanded facility is planned to be located or sited, or the existing facility is located or sited.
“Refuse”, all solid or liquid waste materials, including garbage and rubbish, and sludge, but not including sewage, and those materials defined as hazardous wastes in section two of chapter twenty-one C and those materials defined as source, special nuclear or by-product material under the provisions of the Atomic Energy Act of 1954.
“Maintain”, to establish, keep or sustain the presence of a facility on a site, whether or not such facility is in operation and whether or not such facility has been closed.
“Secretary”, the secretary of the executive office of environmental affairs and energy.
No place in any city or town shall be maintained or operated by any person, including any political subdivision of the commonwealth, as a site for a facility, or as an expansion of an existing facility, unless, after a public hearing, such place has been assigned by the local board of health of such city or town in accordance with the provisions of this section, or, in the case of a facility owned or operated by an agency of the commonwealth, such place has been assigned by the department after a public hearing and unless public notice of such assignment has been given by the board of health or the department, whichever is applicable.
The determination by the local board of health, or the department in the case of a state agency, of whether to assign a place as a site for a facility, or for the expansion of an existing facility, shall be based upon the site suitability criteria established by the department in cooperation with the department of public health pursuant to section one hundred and fifty A 1/2, and any site assignment shall be subject to such limitations with respect to the extent, character and nature of the facility or expansion thereof as may be necessary to ensure that the facility or expansion thereof will not present a threat to the public health, safety or the environment.
Any person desiring to maintain or operate a site for a new facility or the expansion of an existing facility shall submit an application for a site assignment to the local board of health and simultaneously provide copies to the department and the department of public health. A copy of the application for site assignment shall be filed with the board of health of any municipality within one-half mile of the proposed site. Any municipality within such one-half mile shall be afforded all the procedural rights of an abutter for the purpose of administrative review by the department or public hearing by the board of health where the proposed site is located, in addition to any other procedural rights specified under this section. The department shall, upon request by the local board of health, provide advice, guidance and technical assistance to said board during its review of a site assignment application. The department and a board of health may enter into such other cooperative agreements in addition to those herein specified for the purpose of achieving an effective and expeditious review of the application. The local board of health may charge a reasonable application fee to cover the costs of conducting a hearing and reviewing technical data submitted to the board. The application fee may also include a portion of the reasonable costs of other technical assistance. The application fee shall be established in accordance with rules and regulations promulgated by the department.
Within 90 days of receipt of the application, the department shall issue a report stating whether the proposed site meets the criteria established under section 150A1/2 for the protection of the public health and safety and the environment. As part of the report, the department shall list the type and location of any existing facility within 4 miles of the proposed facility site and, if applicable, certify the site is located within a facility density zone. Any such reports shall be made available to the public in a timely manner prior to any public hearing concerning the site application. A copy of the report shall be sent to the board of health in which such facility is located and the board of health of each municipality located within one-half mile of the proposed facility site.
Within 90 days of receipt of said application, the department of public health shall review said application and comment thereon as to any potential impacts of a site on the local and regional public health and safety. The department of public health shall, in addition to its comment, make or cause to be made a public report, in writing, as it relates to an expansion of an existing facility or the assignment of a place as a site for a facility and provide said report with its written comments to the board of health in which such facility is located and the board of health of each municipality located within one-half mile of the proposed facility site. The department of public health shall coordinate and cooperate with a board of health on any matter relating to said public health report.
Within 30 days of receipt of both the department and department of public health reports, the board of health of any other municipality within one-half mile of a proposed new or expanded facility site, may, if the site is within a facility density zone, hold a public hearing to consider the public health and safety impacts of the proposed facility on its community. Within 30 days of any initial hearing, such board may, render a written determination on the suitability of the proposed facility. Any determination of non-suitability by the board of health shall include a statement of the specific reasons thereof, in fact or law, based on the criteria set forth under clauses 1 through 14, inclusive, of section 150A ½, as determined by the board to adversely impact the public health or safety of the community. Any such board rendering a determination shall publish notice of the determination with its entire statement and provide a copy to: (i) the department; (ii) department of public health; and (iii) the board of health of the municipality where the facility is proposed to be sited.
Any person, including a political subdivision of the commonwealth, desiring to establish a new facility or expand an existing facility under this section, shall file a written notification with the secretary for a determination of whether an environmental review is required for the proposed facility under the Massachusetts Environmental Policy Act, established under sections 61 through 62I, inclusive, of chapter 30, subject to the provisions of this section; provided, that the new or expanded capacity for the facility, is 50 tons or more, per day of refuse, unless the proposed site location is within a facility density zone. The notification shall be made in the manner prescribed by the secretary, no later than 10 days after making an application for site assignment to the local board of health. An environmental impact report shall be mandatory for a proposed new or expanded facility without exception or waiver, where, (i) the facility site is located in a facility density zone and the facility’s planned new or expanded capacity is 20 tons or more, per day of refuse, or (ii) the facility’s planned new or expanded capacity is 150 tons or more, per day of refuse. Each environmental impact report for such new or expanded facility shall include a detailed assessment of the siting criteria set forth under section 150A ½. The secretary shall, in his review and decision to accept or certify, the impact report whether in draft or final form, additionally consider any adverse local and regional public health and safety and environmental impacts of such proposed new or expanded facility as evidenced by any reports issued by the department and department of public health, and determination of non-suitability by any board of health in accordance with this section.
Notwithstanding any other law, regulation or rule to the contrary, where a proposed new or expanded facility is owned or operated by an agency of the commonwealth, an environmental impact report shall be mandatory under the Massachusetts Environmental Policy Act, without exception or waiver, where the siting or capacity of such facility meets the same requirements specified under clause (i) or (ii) of the prior paragraph. Such report shall include a detailed assessment of the siting criteria for the proposed facility as set forth under section 150A ½.
Within 30 days after the secretary’s determination that an environmental impact report is not required, or if so required, after the secretary approves the report, the local board of health shall, prior to its decision on site assignment, hold a public hearing satisfying the requirements of chapter thirty A. If notification to the secretary is not required under the second preceding paragraph, said hearing shall be held within 30 days of the board’s receipt of both the department and department of public health reports.
Within forty-five days of the initial date of such hearing, the local board of health shall render its decision on whether to assign a site for a facility, in writing, accompanied by a statement of reasons therefor and publish notice of said decision including determinations of each issue of fact or law necessary to the decision.
No assignment shall be granted by the local board of health unless the department’s report and the environmental impact report affirm that the siting criteria of said section one hundred and fifty A1/2 have been met by the proposed site. The local board of health shall consider the concerns, if any, relative to the public health and safety cited by the department of public health and a board of health of any municipality that is within one-half mile of a proposed facility site. A local board of health shall assign a place requested by an applicant as a site for a new facility or the expansion of an existing facility unless it makes a finding, based on the siting criteria established by said section one hundred and fifty A 1/2, that the siting thereof would constitute a danger to the public health or safety or the environment.
Any person aggrieved by a decision of (i) a local board of health in assigning or refusing to assign a place as a site for a new facility, or expanding or refusing to expand an existing facility, except a resource recovery facility in operation or under construction prior to July first, nineteen hundred and eighty-seven, or (ii) a board of health on the suitability of a proposed facility that is planned to be located or sited within one-half mile outside the municipality, may, within thirty days of the publication of notice of such decision, appeal under the provisions of section fourteen of chapter thirty A. For the limited purposes of such an appeal, a local board of health under clause (i) or other board of health under clause (ii), shall be deemed to be a state agency under the provisions of said chapter thirty A and its proceedings and decision shall be deemed to be a final decision in an adjudicatory proceeding.
No facility shall be established, constructed, expanded, maintained, operated or devoted to any past closure as defined by regulation unless detailed operating plans, specifications, any public health reports and necessary environmental reports have been submitted to the department, the department has granted a permit for the facility and notice of the permit is recorded in the registry of deeds, or if the land affected thereby is registered land in the registry section of the land court for the district wherein the land lies. Within 120 days after the department is satisfied that the operating plans, specifications and reports are complete, the department shall make a decision granting or refusing to grant a permit. The permit may limit or prohibit the disposal of particular types of solid waste at a facility in order to protect the public health, promote reuse, waste reduction and recycling, extend the useful life of the facility, or reduce its environmental impact.
Notwithstanding the provisions of the prior paragraph, the department shall not grant any permit for the establishment, construction, or expansion of any facility, unless the environmental impact report, if required, has been approved by the secretary, and the report provides in specific detail, for each siting of the criteria listed under section 150A ½, that the proposed facility meets all such siting requirements. Based on the impact report, the department prior to granting any permit, shall make a required finding under section 61 of said chapter 30, which shall specify all feasible measures to be taken in the establishment, construction or expansion of the facility to avoid potential damage to the environment, or to the extent damage to the environment cannot be avoided, to minimize and mitigate such environmental damage to the maximum extent possible. Such measures, if feasible and practicable, shall be a required condition of any permit so issued.
SECTION 2. Said section 150A of said chapter 111, as so appearing, is further amended by inserting in the twelfth paragraph, after the words “decision by a”, in line 124, the following word:- local
SECTION 3. Section 150A ½ of said chapter 111, as so appearing , is hereby amended by striking out clauses 15 through 17, inclusive, and inserting in place thereof the following 3 clauses:-
(15) the extent to which existing solid waste disposal facilities are located within a municipality. Site assignments for new facilities are preferred in municipalities without existing facilities, except where the proposed facility site is to be located within a facility density zone;
(16) the extent to which the solid waste disposal needs of the municipality in which the site is sought are met as a member of a regional refuse disposal district. Site assignments in municipalities not participating in regional refuse disposal districts are preferred, unless the proposed facility is to be located in a facility density zone;
(17) the potential adverse impacts on communities within 4 miles of the proposed site including, (i) the potential adverse impacts on communities where there is an existing concentration of solid waste disposal facilities in one or more communities, if the proposed site is located within a facility density zone, and (ii) the potential adverse impacts on the considerations stated within this section for which site suitability standards and criteria are established.
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An Act relative to funding water infrastructure and addressing economic target areas
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H803
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HD2595
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T15:02:15.487'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T15:02:15.4866667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-19T14:54:54.9733333'}]
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{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-17T16:30:20.03'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H803/DocumentHistoryActions
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Bill
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By Representatives Garballey of Arlington and Cataldo of Concord, a petition (accompanied by bill, House, No. 803) of Sean Garballey and Simon Cataldo relative to funding water infrastructure and addressing economic target areas. Environment and Natural Resources.
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SECTION 1. Chapter 29 of the general laws, as appearing in the 2020 Official Edition, shall be amended after section 2VVVV, by inserting the following new section:-
Section 2WWWW. There shall be a Commonwealth Water Infrastructure Trust Fund. The commissioner of the department of revenue shall be the trustee of the fund and shall expend money in the fund to address the Commonwealth’s water infrastructure needs. There shall be credited to the fund: (i) any fee assessment collected pursuant to section two of this act; and (ii) any interest earned on money in the fund. Amounts credited to the fund shall be expended by the commissioner pursuant to subsection (a) without further appropriation. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(a) The department of revenue shall: (i) proportionately distribute, for the improvement of water infrastructure within that city or town, fifty percent (50%), of the amount received from the fund to a city or town based on the amount of the additional fees collected in accordance with section 2 of this act by a city or town from the previous calendar year; (ii) distribute forty percent (40%) of the amount collected to the Massachusetts Clean Water Trust established in chapter 29C of the General Laws to provide financial assistance in the funding of water infrastructure projects or any other purpose authorized under chapter 29C; (iii) distribute five percent (5%) of the amount collected to the department of environmental protection to implement an economic target area water infrastructure initiative in accordance with section 3 of this act and (iv) distribute five percent (5%) of the amount collected to the department of revenue for administration and enforcement of this act.
(b) Annually, a city or town receiving funds from the Commonwealth Water Infrastructure Trust Fund shall submit a report to the commissioner of the department of revenue not later than December 31 detailing the water infrastructure-related projects and the amount of funds used, or planned to be used, for water infrastructure-related projects funded, in whole or part, from the Commonwealth Water Infrastructure Trust Fund. The commissioner shall compile the reports and post the projects and amounts of money used on the website of the department and forward a copy of the same to the Massachusetts Clean Water Trust.
SECTION 2. Section 22F of the Chapter 40 of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting at the end thereof the following paragraph:-
Each city or town that charges a fee for a permit to connect to the municipality’s water or sewer services shall collect an additional $250 for a residential property connection and an additional $1,000 for a commercial or industrial property connection, apart from the municipality’s established fee for such service, to be deposited in the Commonwealth Water Infrastructure Fund.
SECTION 3. Notwithstanding any general or special law to the contrary, the department of environmental protection, in consultation with the executive office of housing and economic development, shall create an initiative to specifically work with municipalities with economic target areas in addressing their water infrastructure needs. The initiative shall include direct outreach to municipalities for purposes of assisting with the development of strategies to coordinate and plan for the upgrading of water infrastructure resources. As used in this section, “economic target area” shall be used in the same manner as applied in Mass. Gen. Laws ch. 23A, 3G.
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An Act authorizing the town of Arlington to prohibit use of second generation anti-coagulant rodenticides by commercial pesticide applicators
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H804
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HD230
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-10T14:43:58.913'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-10T14:43:58.9133333'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-11T11:05:52.1533333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-17T12:55:05.0166667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-04-10T16:33:19.6066667'}]
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-10T14:43:58.913'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H804/DocumentHistoryActions
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Bill
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By Representative Garballey of Arlington and Senator Friedman, a joint petition (accompanied by bill, House, No. 804) of Sean Garballey, Cindy F. Friedman and David M. Rogers (by vote of the town) that the town of Arlington be authorized to prohibit use of second generation anti-coagulant rodenticides by commercial pesticide applicators in said town. Environment and Natural Resources. [Local Approval Received.]
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SECTION 1. Notwithstanding chapter 132B of the General Laws or any other general or special law to the contrary, the town of Arlington may regulate through local bylaw or board of health regulation or ordinance the use of second generation anti-coagulant rodenticides within the town of Arlington, including prohibiting the use of such pesticides by licensed commercial applicators as defined in 333 C.M.R. 10.00.
SECTION 2. This act shall take effect upon its passage.
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An Act protecting wastewater and sewerage systems through the labeling of non-flushable wipes
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H805
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HD2639
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T16:14:49.61'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T16:14:49.61'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-19T15:14:31.1833333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:22:17.3'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-06T10:39:13.64'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-03-10T14:11:30.41'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-27T10:01:52.11'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-05-12T14:18:58.7433333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-05T13:42:20.0166667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-09-15T14:25:09.9933333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-10T11:32:02.6266667'}]
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{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-19T15:11:58.523'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H805/DocumentHistoryActions
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Bill
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By Representatives Garballey of Arlington and Owens of Watertown, a petition (accompanied by bill, House, No. 805) of Sean Garballey, Steven Owens and others relative to protecting wastewater and sewerage systems through the labeling of non-flushable wipes. Environment and Natural Resources.
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SECTION 1. Chapter 94 of the General Laws, as appearing in the 2018 Official Edition,
is hereby amended by adding the following sections:
Section 330. Definitions applicable to Secs. 330-333.
For the purposes of sections three hundred and thirty to three hundred and thirty-three, inclusive, the following words and phrases shall have the following meanings:--
“Covered entity”, means the manufacturer of a covered product that is sold in this Commonwealth or offered for sale in the Commonwealth. “Covered entity” includes a wholesaler, supplier, or retailer that is responsible for the labeling or packaging of a covered product.
“Covered product”, means a consumer product sold in the Commonwealth or offered for sale in the Commonwealth that is either a premoistened nonwoven disposable wipe marketed as a baby wipe or diapering wipe or a premoistened nonwoven disposable wipe that is both of the following: (a) composed entirely of or in part of petrochemical-derived fibers; and (b) likely to be used in a bathroom and has significant potential to be flushed, including baby wipes, bathroom cleaning wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes, hand sanitizing wipes, antibacterial wipes, facial and makeup removal wipes, general purpose cleaning wipes, personal care wipes for use on the body, feminine hygiene wipes, adult incontinence wipes, adult hygiene wipes, and body cleansing wipes.
“High contrast” means satisfying both of the following conditions: (a) is provided by either a light symbol on a solid dark background or a dark symbol on a solid light background; (b) has at least 70 percent contrast between the symbol artwork and background using the following formula: (B1-B2)/B1*100=contrast percentage, where B1= the light reflectance value of the lighter area and B2 = the light reflectance value of the darker area.
“Label notice” means the phrase “Do Not Flush” and the type size of the label notice shall be equal to at least 2 percent of the surface area of the principal display panel in size. For covered products regulated pursuant to the Federal Hazardous Substances Act, (15 U.S.C. §§ 1261 et seq.) by the United States Consumer Product Safety Commission under Section 1500.121 of Title 16 of the Code of Federal Regulations, if the label notice would result in a type size larger than first aid instructions pursuant to the Federal Hazardous Substances Act, the type size for the label notice shall, to the extent permitted by federal law, be equal to or greater than the type size required for the first aid instructions. For covered products required to be registered by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C.§§ 136 et. seq., if the label notice would result in a type size on the principal display panel larger than a warning pursuant to FIFRA, then the type size for the label notice shall, to the extent permitted by federal law, be equal to or greater than the type size required for the “keep out of reach of children” statement under FIFRA.
“Principal display panel” means the side of the product package that is most likely to be
displayed, presented, or shown under customary conditions of display for retail sale. In the case of a cylindrical or nearly cylindrical package, the surface area of the principal display panel constitutes 40 percent of the product package as measured by multiplying the height of the container times the circumference. In the case of a flexible film package, in which a rectangular prism or nearly rectangular prism stack of wipes is housed within such film, the surface area of the principal display panel is measured by multiplying the length times the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack.
“Symbol” means the “Do Not Flush” symbol, or a gender equivalent thereof, as depicted in the INDA/EDANA Code of Practice Second Edition and published within “Guidelines for Assessing the Flushability of Disposable Nonwoven Products,” Edition 4, May 2018.
Section 331. Labeling.
A. The symbol shall be sized equal to at least 2 percent of the surface area of the principal display panel, except as specified in clause (iii) of subparagraph (B) of paragraph (1) of subsection B. (a) of Section 331.
B. (a) Except as provided in subdivisions (b), (c), (d), and (f), a covered product manufactured on or after July 1, 2025, shall be labeled clearly and conspicuously in adherence with the following labeling requirements:
(1) In the case of cylindrical or near cylindrical packaging intended to dispense individual wipes, a covered entity shall comply with one of the following options:
(A) Place the symbol and label notice on the principal display panel in a location reasonably viewable each time a wipe is dispensed.
(B) Place the symbol on the principal display panel, and either the symbol or label notice, or the symbol and label notice in combination, on the flip lid, subject to the following:
(i) If the label notice does not appear on the flip lid, the label notice shall be placed on the principal display panel.
(ii) The symbol or label notice, or the symbol and label notice in combination, on the flip lid may be embossed, and in that case are not required to comply with paragraph (6).
(iii) The symbol or label notice, or the symbol and label notice in combination, on the flip lid shall cover a minimum of 8 percent of the surface area of the flip lid.
(2) In the case of flexible film packaging intended to dispense individual wipes, a covered entity shall place the symbol on the principal display panel and dispensing side panel and place the label notice on either the principal display panel of dispensing side panel in a prominent location reasonably visible to the user each time a wipe is dispensed. If the principal display panel is on the dispensing side of the package, two symbols are not required.
(3) In the case of refillable tubs or other rigid packaging intended to dispense individual wipes and be reused by the consumer for that purpose, a covered entity shall place the symbol and label notice on the principal display panel in a prominent location reasonably visible to the user each time a wipe is dispensed.
(4) In the case of packaging not intended to dispense individual wipes, a covered entity shall place the symbol and label notice on the principal display panel in a prominent and reasonably visible location.
(5) A covered entity shall ensure the packaging seams, folds, or other package design elements to not obscure the symbol or the label notice.
(6) A covered entity shall ensure the symbol and label notice have sufficiently high contrast with the immediate background of the packaging to render it likely to be seen and read by the ordinary individual under customary conditions of purchase and use.
(b) For covered products sold in bulk at retail, both the outer package visible at retail and the individual packages contained within shall comply with the labeling requirements in subdivision (a) applicable to the particular packaging types, except the following:
(1) Individual packages contained within the outer package that are not intended to dispense individual wipes and contain no retail labeling.
(2) Outer packages that do not obscure the symbol and label notice on individual packages contained within.
(c) If a covered product is provided within the same packaging as another consumer product for use in combination with the other product, the outside retail packaging of the other consumer product does not need to comply with the labeling requirements of subdivision (a).
(d) If a covered product is provided within the same package as another consumer product for use in combination with the other product and is in a package smaller than three inches by three inches, the covered entity may comply with the requirements of subdivision (a) by placing the symbol and label notice in a prominent location reasonably visible to the user of the covered product.
(e) A covered entity, directly or through a corporation, partnership, subsidiary, division, trade name, or association in connection to the manufacturing, labeling, packaging, advertising, promotion, offering for sale, sale, or distribution of a covered product, shall not make any representation, in any manner, expressly or by implication, including through the use of a product name, endorsement, depiction, illustration, trademark, or trade name, about the flushable attributes, flushable benefits, flushable performance, or flushable efficacy of a covered product.
(f) (1) If a covered product is required to be registered by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. Sec. 136 et seq.) and the Department of Pesticide Regulation under Division 6 (commencing with Section 11401) of the Food and Agricultural Code, then the covered entity shall submit a label compliant with the labeling requirements of subdivision (a) no later than July 1, 2025, to the United States Environmental Protection Agency, and upon its approval, to the Department of Pesticide Regulation.
(2) If the United States Environmental Protection Agency or the Department of Pesticide Regulation does not approve a product label that otherwise complies with the labeling requirements of subdivision (a), the covered entity shall use a label with as many of the requirements of this section as the relevant agency has approved.
(g) A covered entity may include on a covered product words or phrases in addition to those required for the label notice if the words or phrases are consistent with the purposes of this part.
Section 332. Massachusetts Consumer Education and Outreach Program
A. (a) The Massachusetts Consumer Education and Outreach Program is hereby established. As part of the program, covered entities, in collaboration with other covered entities, shall do all of the following:
(1) Participate in a collection study conducted in collaboration with wastewater agencies for the purpose of gaining understanding of consumer behavior regarding the flushing of covered products as a key input into the design of a consumer education and outreach program. The collection study shall be jointly coordinated by the Massachusetts Department of Environmental Protection and a group of waste water collection systems, including, but not limited to: Massachusetts Water Resources Authority and its communities, Greater Lawrence Sanitary District, Upper Blackstone Clean Water, Springfield Water and Sewer Commission, Pittsfield City Wastewater, New Bedford DPI Water/Wastewater Department, Fall River Sewer Commission, City of Brockton Sewer Department.
(2) Conduct a consumer opinion survey to identify baseline consumer behavior and awareness regarding the flushing or other disposal of covered products.
(3) Measure effectiveness of the consumer education program on consumer awareness of the symbol and label notice and consumer attitudes about disposal of covered products by conducting a subsequent consumer awareness survey comparing the baseline data provided by the 2025 survey with survey data from subsequent years. The surveys to determine the effectiveness and ongoing success of the consumer education program shall take place annually until December 31, 2035.
(b) Covered entities, either independently or in collaboration with other covered entities or other organizations, shall conduct a comprehensive multimedia education and outreach program in the Commonwealth. At a minimum, the education and outreach program shall do both of the following:
(1) Promote consumer awareness and understanding of and compliance with the symbol and label notice requirements. Covered entities shall provide wastewater agencies with the consumer education messaging for the symbol and the label notice. The wastewater agencies may include the messaging as part of their routine communications with customers within their service area.
(2) Provide education and outreach in Spanish, English, French, Portuguese, Mandarin, Russian, and other languages as needed to reach the Commonwealth’s residents.
(c) Covered entities shall take reasonable steps to ensure that they do not promote products as part of this education and outreach program.
(d) Covered entities, either independently or in collaboration with other covered entities, shall report to the joint committee on the environment, natural resources and agriculture, on their activities under this section on an annual basis. The Massachusetts department of environmental protection shall post the reports on its internet website.
(e) The Massachusetts Consumer Education and Outreach Program shall conclude on December 31, 2035.
Section 333. Enforcement
A. (a) The Massachusetts department of environmental protection has authority to enforce section 331 and to collect civil penalties for a violation of section 331, subject to the conditions in this subsection.
(b) Whoever violates section 331 may be enjoined in any court of competent jurisdiction.
(c) Whoever violates section 331 may be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day, up to a maximum of one hundred thousand dollars ($100,000) for each violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. For purposes of this section, offering for sale or selling in Massachusetts one or more units of the same covered product labeled in violation of Section 331 shall constitute a single violation for each day the noncompliant units are offered for sale or sold.
(d) A specific violation is deemed to have occurred upon the sale of a noncompliant product
package.
(e) In assessing the amount of a civil penalty for a violation of section 331, the court shall
consider:
(1) The nature, circumstances, extent, and gravity of the violation;
(2) The violator’s past and present efforts to prevent, abate, or clean up conditions posing
a threat to the public health or safety or the environment;
(3) The violator’s ability to pay the proposed penalty;
(4) The effect that the proposed penalty would have on the violator and the community as
a whole;
(5) Whether the violator took good faith measures to comply with this section and when
these measures were taken;
(6) The deterrent effect that the imposition of the penalty would have on both the violator
and the regulated community as a whole; and
(7) Any other factor that justice may require.
B. (a) The department of environmental protection may refer violations of section 331 to the attorney general for enforcement and actions may be brought pursuant to this section by the
attorney general in the name of the people of the Commonwealth in any court of competent jurisdiction.
(b) Any civil penalties collected pursuant to this section shall be paid to the enforcing
governmental entity that brought the action.
C. The remedies provided by this section are not exclusive and are in addition to the
remedies that may be available pursuant to Massachusetts general law chapter 93A or other consumer protection laws, if applicable.
D. In addition to penalties recovered under this section, the enforcing government entity
may recover reasonable enforcement costs and attorneys’ fees from the liable covered entity.
SECTION 2. This act shall take effect on January 1, 2025.
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An Act establishing a commission on sustainable aviation fuel induced contrail mitigation
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H806
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HD2786
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-19T10:42:20.073'}
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[{'Id': None, 'Name': 'Elliot Elkin', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:26:10.07'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H806/DocumentHistoryActions
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Bill
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By Representative Garballey of Arlington (by request), a petition (accompanied by bill, House, No. 806) of Elliot Elkin relative to establishing a special commission on sustainable aviation fuel-induced contrail mitigation. Environment and Natural Resources.
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There shall be a special commission to be called the “Sustainable Aviation Fuel Logistics Advisory Council” consisting of: one (1) designee of the International Air Transport Association; one (1) designee of the Director of the Massachusetts Port Authority; three (3) representatives of Sustainable Aviation Fuel producers, as appointed by the Secretary of the executive office of energy and environmental affairs, and any other appointees that the Secretary of the Executive Office of Energy and Environmental Affairs shall see fit. The Advisory Council shall remain active for as long as the Secretary of the Executive office of Energy and Environmental Affairs shall see fit to facilitate the establishment of appropriate Sustainable Aviation Fuel logistical equipment at Logan Airport.
The Executive Office of Energy and Environmental Affairs shall study the feasibility of a model that will estimate the potential to create contrails of an aircraft departing any airport located in Massachusetts, and issue a report to the House Committee on Climate Change and Global Warming no later than January 1, 2024. If the The Executive Office of Energy and Environmental Affairs finds that such a model would be appropriate to create or obtain they shall, in the report, make a recommendation describing a proposed model, and estimating the total cost required to make or obtain the model, or else recommend against the adoption of a model. Provided that the House Committee on Climate Change and Global Warming consents by a majority vote, the The Executive Office of Energy and Environmental Affairs shall then create an appropriate model that shall determine the Carbon Dioxide Equivalent emissions resulting from contrail creation of an aircraft that will depart from an airport located within Massachusetts, given that aircraft’s flight path and time of flight. This model shall also determine the Carbon Dioxide Equivalent emissions savings resulting if that aircraft used a Qualified Fuel in its flight. If that aircraft does use a Qualified Fuel in flight, the Executive Office of Energy and Environmental Affairs shall pay the operator of the flight an appropriate sum of money relating to the amount of Carbon Dioxide Equivalent emissions saved by using the Qualified Fuel, taking into consideration additional costs incurred by the operator of the flight in choosing to use the Qualified Fuel. The Executive Office of Energy and Environmental Affairs shall apply and disburse monies and revenues as provided in this section, provided that no more than $10,000,000 per year is dispersed in the first two years of the operation of the model. Following the initial two year period, The Executive Office of Energy and Environmental Affairs shall conduct a review of the program, and may keep the limit, lower the limit, increase the limit, or remove it altogether.
For the purposes of this bill, a Qualified Fuel shall be any fuel that is approved by The Executive Office of Energy and Environmental Affairs under the following criteria: The Executive Office of Energy and Environmental Affairs shall develop a Massachusetts specific version of the Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation (GREET) life-cycle model developed by the Argonne National Laboratory, and make such model publicly available. For a fuel to receive certification as a Qualified Fuel, the fuel-producer shall submit calculations from the Massachusetts specific version of the GREET life-cycle model to the Executive office of Energy and Environmental Affairs for review. The Executive Office of Energy and Environmental Affairs shall review the calculations to determine, using the Massachusetts specific version of the GREET life-cycle mode, if the fuel represents at least a 50% reduction in lifecycle Carbon Dioxide Equivalent reductions, in comparison to Jet-A Kerosene type fuel. The Executive Office of Energy and Environmental Affairs shall then:
A. Approve the fuel, and certify it as a Qualified Fuel OR
B. Request revisions in the calculations OR
C. Deny the request
The Executive Office of Energy and Environmental Affairs shall create or find a suitable definition of Carbon Dioxide Equivalent emissions for the purpose of this bill.
The Executive Office of Energy and Environmental Affairs shall apply and disburse monies and revenues as provided in this section, provided that no more than $5,000,000 is dispersed following the initial two years of passage of The Bill. Following the initial two year period, the executive office of energy and environmental affairs shall conduct a review of the program, and may keep the limit, lower the limit, increase the limit, or remove it altogether.
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An Act preserving public trust rights in land affected by ocean erosion
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H807
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HD3319
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T11:57:36.67'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T11:57:36.67'}]
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Bill
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By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 807) of Sean Garballey relative to preserving public trust rights in certain land affected by ocean erosion. Environment and Natural Resources.
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Section 35 of Chapter 91 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the last sentence of the first paragraph, the following-
Where sea level rise, storms, or other natural processes have caused the landward or lateral movement of a barrier beach into an area which was previously occupied by the bottom of any Great Pond, the portion of the barrier beach relocated into the former bottom of the Great Pond shall be and remain in public ownership. It being the intent of the foregoing sentence that the application thereof to any property not be in violation of either Article 10 of the Massachusetts Declaration of Rights or the Fourteenth Amendment of the United States Constitution, the foregoing sentence shall not convert ownership of any private property to public ownership, and, to the extent that applying the foregoing sentence to any private property would have such an effect, the foregoing sentence shall not apply to such private property. As used herein, “barrier beach” shall have the meaning ascribed thereto in Section 10.29 of Title 310 of the Code of Massachusetts Regulations or successor regulations. Upon petition of ten citizens of the Commonwealth that a dispute exists with respect to the location of the former bed of any Great Pond or other facts relevant to this section, the department and the attorney general or a representative designated by the attorney general shall hold a public hearing and receive such evidence thereon as may be presented to them and otherwise proceed in a manner consistent with the procedures set forth in Section 18A of this Chapter.
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An Act relative to emergency water management plans
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H808
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HD1822
| 193
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{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-18T18:10:55.083'}
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[{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-18T18:10:55.0833333'}]
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Bill
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By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 808) of Denise C. Garlick relative to emergency water management plans. Environment and Natural Resources.
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SECTION 1. Notwithstanding any general or special law, rule, or regulation to the contrary, a supplier of water in the Commonwealth shall annually report a summary of each emergency response plan it prepares or maintains to each municipality it serves and the department of environmental protection. Each summary report must include substantive information on the supplier’s emergency response contingency planning and resources, as well as any updates to the plan made since the previous annual report, but nothing in this section shall be construed as to require any supplier of water to disclose sensitive or proprietary information that may constitute an operational or public safety risk. Failure to provide an emergency water management plan report may be subject to penalties established by the department. For purposes of this Act, the term “supplier of water” shall mean any person who owns or operates a system for the public provision of water for human consumption, through pipes or other constructed conveyances, including without limitation collection, treatment, storage, and distribution facilities.
SECTION 2. Notwithstanding any general or special law, rule, or regulation to the contrary, a supplier of water shall annually provide copies of statistical reports prepared for the department of environmental protection to municipalities they serve.
SECTION 3. Notwithstanding any general or special law, rule, or regulation to the contrary, a supplier of water shall annually provide copies of consumer confidence reports prepared for the department of environmental protection to the municipalities in which affected customers live.
SECTION 4. Within 180 days of the passage of this Act, the department of environmental protection shall promulgate regulations to require suppliers of water to provide financial relief to customers who experienced a water outage longer than 48 hours in the previous calendar year. Said regulations shall include a pro-rated formula for average cost impact on residential, commercial, and industrial customers who experience significant outages, as defined in regulation. Said regulations shall allow suppliers to provide relief in the form of bill credits or direct payments and shall include reporting requirements for suppliers to report outage and payment data to the department.
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An Act providing notice to the public of hazardous waste sites
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H809
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HD1334
| 193
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{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:12:07.557'}
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[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:12:07.5566667'}]
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Bill
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By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 809) of Colleen M. Garry relative to providing municipal notices to the public of hazardous waste sites. Environment and Natural Resources.
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Section 19 of Chapter 21A shall be amended by inserting the following:
(c) A licensed hazardous waste site cleanup professional shall provide written notification to the City or Town Clerk in the municipality where the site is located, by certified mail, within 7 days of the notification of the agency, federal or state requires posting of the known contamination at the location. The Town or city clerk is required to maintain a database of all locations of which they have received notification of contamination by property address and make the database available to the public.
Failure to comply with this section shall result in a fine of $1000 for the first offense, $2500 for any further offenses and up to 2 ½ years confinement in the house of correction or both.
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An Act establishing free broadband internet access in public housing
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H81
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HD1003
| 193
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{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-17T18:25:03.99'}
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[{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-17T18:25:03.99'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:34:24.0533333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:33:25.1433333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-05-16T13:49:33.7066667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T14:59:32.42'}]
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Bill
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By Representative Sena of Acton, a petition (accompanied by bill, House, No. 81) of Danillo A. Sena and others for an investigation by the Department of Public Health of broadband internet access and its relation to the public health objectives. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the following section:-
Section 239. The United Nations has declared health a fundamental human right indispensable for the exercise of other human rights and that the right to health is closely related to and dependent upon the realization of other human rights, as contained in the International Bill of Rights, including the rights to food, housing, work, education, human dignity, life, non-discrimination, equality, the prohibition against torture, privacy, access to information, and the freedoms of association, assembly and movement. Broadband internet access is now an essential component of the realization of many of these human rights and is itself a human right.
The department shall make a study into broadband internet access in the commonwealth and its relation to the public health objectives of the commonwealth. Said study shall be conducted for the purposes of understanding how broadband internet access is a determinant of health, improving the public health services of the commonwealth, and expanding broadband internet throughout the Commonwealth to reflect its status as a human right, with a focus on communities that have suffered disproportionate health impacts as a result of lack of access to broadband internet.
SECTION 2. Section 32 of chapter 121B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “cost”, in line 6, the following words:- ,with broadband internet available in all units offered at no charge to residents considered a requirement of a decent, safe and sanitary dwelling
SECTION 3.The first paragraph of said section 32, as so appearing, is hereby amended by inserting after the third sentence the following sentence:- For the purposes of this paragraph, broadband internet shall not be considered a utility.
SECTION 4. Said first paragraph of said section 32, as so appearing, is hereby further amended by adding the following sentence:- Funds to subsidize housing authorities or other public housing bodies for implementation and maintenance of the requirement of no charge broadband internet for all units shall be appropriated by the general court. The undersecretary shall administer these funds.
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An Act relative to brownsfields assessment and remediation funds accessibility
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H810
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HD1335
| 193
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{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:11:33.513'}
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[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:11:33.5133333'}]
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Bill
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By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 810) of Colleen M. Garry relative to communities being granted Brownsfields Assessment and Remediation Funds, notwithstanding the participation of the regional planning organization. Environment and Natural Resources.
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Section 1. Notwithstanding any special or general law, or rule or regulation to the contrary, any community may be granted Brownsfields Assessment and Remediation Funds regardless of the participation of the Regional Planning Organization.
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An Act relative to improving pesticide protections for Massachusetts schoolchildren
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H811
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HD1585
| 193
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{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-18T16:01:10.04'}
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[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-18T16:01:10.04'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-01-18T16:01:12.1033333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-02T17:12:17.8033333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-05-10T16:09:52.0566667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:54:58.89'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-18T10:47:28.2666667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:35:23'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-01-18T16:01:12.1033333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-19T16:37:30.42'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-14T07:56:20.1633333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T14:09:08.5766667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:27:52.8'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:34:32.0133333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-10-04T11:47:20.53'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-06T11:08:08.5433333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-05-15T09:40:59.2066667'}]
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{'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-01-18T16:01:10.04'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H811/DocumentHistoryActions
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Bill
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By Representatives Gentile of Sudbury and Keefe of Worcester, a petition (accompanied by bill, House, No. 811) of Carmine Lawrence Gentile, Mary S. Keefe and others relative to pesticide products eligible for use on the outdoor grounds of schools, child care centers or school age child care programs. Environment and Natural Resources.
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SECTION 4. Said section 6G of said chapter 132B, as so appearing, is hereby further amended by adding following paragraph:-
Notwithstanding the forgoing, a school, child care center, public institution of higher education or school age child care program shall only use pesticide products that: (i) are classified by the United States Environmental Protection Agency as an exempt material pursuant to 40 C.F.R. 152.25, as amended; or (ii) include no active ingredients other than those published in the National List at 7 C.F.R 205.601, as amended; provided, however, that a school, child care center, public institution of higher education or school age child care program may be granted a hardship waiver, at the discretion of the department, for use of a pesticide that does not meet such qualifications.
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An Act authorizing mushroom picking for personal use on certain state park lands
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H812
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HD214
| 193
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{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-11T09:40:10.89'}
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[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-11T09:40:10.89'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-31T12:16:22.1966667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:35:59.1'}]
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Bill
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By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 812) of Carmine Lawrence Gentile and Angelo L. D'Emilia relative to authorizing mushroom picking for personal use on certain state park lands. Environment and Natural Resources.
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SECTION 1. Chapter 132A of the General Laws is hereby amended by inserting after section 2D the following section:-
Section 2E. Any person may take mushrooms for a personal and non-commercial use from state parks, forest recreation areas, and reservations under the control of the department of conservation and recreation. Notwithstanding, the commissioner, may limit any area of department controlled lands where persons shall not take mushrooms, and may make rules and regulations for the taking of mushrooms on such lands, pursuant to the procedures under section 7.
The department and its employees, shall not be liable for the injury or death to any person, related to a person’s taking of mushrooms, or consuming or using mushrooms, from said parks, forest recreation areas, and reservations, unless any willful or reckless conduct by the department or its employees, contributed to such injury or death.
The term “take” or “taking” as used in this section shall mean the collecting, picking or cutting of mushrooms, including removing any mushroom from department lands.
SECTION 2. Section 1 shall take effect 6 months after the passage of this act.
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An Act governing the use of pesticides containing the herbicide substance Glyphosate in the Commonwealth
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H813
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HD604
| 193
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{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-13T17:07:08.303'}
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[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-13T17:07:08.3033333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-08-08T11:24:43.32'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:44:32.91'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T21:00:05.1533333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-17T10:53:01.0633333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T14:09:21.3733333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:32:25.6466667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:28:21.3333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:07:55.56'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T08:39:04.26'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:19:34.4466667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-06T11:08:25.3566667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-05-15T09:40:38.9566667'}]
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Bill
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By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 813) of Carmine Lawrence Gentile and others relative to governing the use of pesticides containing the herbicide substance Glyphosate in the Commonwealth. Environment and Natural Resources.
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SECTION 1. Chapter 132B of the General Laws is hereby amended by inserting after section 6K the following section:-
Section 6L. (a) No individual shall use a pesticide that contains the herbicide substance Glyphosate, unless the individual is appropriately licensed or authorized by the department pursuant to subsection (b).
The department’s licensure or authorization of an individual to use a pesticide containing said herbicide substance which has been registered as being for general use, shall be required when the pesticide is to be used on any land, whether or not the land is owned or controlled by the individual for any non-agricultural purpose or for the purpose of growing agricultural commodities.
(b) An individual who holds a valid certification, license or permit issued by the department as a certified applicator, commercial applicator, private applicator, licensed applicator or as an appropriate individual authorized by permit, may use a pesticide containing said herbicide substance, which is registered for a general use or restricted use, subject to compliance with all applicable provisions of this chapter and department regulations for the type of use such pesticide is classified.
If a pesticide that contains said herbicide substance is registered for a general use, an individual who holds a valid applicators license may use a pesticide containing said herbicide substance on any land without being under the direct supervision of another who is a certified applicator.
(c) Notwithstanding any provision of this chapter to the contrary, when a pesticide contains said herbicide substance which is registered for general use, the following conditions on the sale of such pesticide to the public shall apply:
No person shall offer for sale, sell, retail, supply or make available any pesticide that contains said herbicide substance, to an individual who does not hold the appropriate department issued certification, license or permit under the prior subsection.
No person shall offer for sale, sell, supply, retail or allow the public, including its customers, to access or purchase any pesticide containing said herbicide substance without first verifying that a customer holds a valid department issued certification, license or permit.
No person shall sell, retail or supply any pesticide containing said herbicide substance to a customer, unless the delivery of such pesticide occurs on the premises of its registered
business establishment.
(d) A person desiring to register its the business establishment to sell, distribute, supply or provide to its customers any pesticide containing said herbicide substance shall make an application to the department. A person making an application for a registration or renewal of a registration, shall provide the information as required by the department, and pay the registration fee, not to exceed 25 dollars as established by regulation, for each business establishment to be registered.
Registrations or renewal of registrations, issued by the department shall be for a term not to exceed 1 year for each business establishment.
The department shall grant a registration, or renewal of a registration, pursuant to the terms, conditions and restrictions as provided under the regulations of the department, as it deems necessary and appropriate. A registration may be revoked at any time the department finds its terms, conditions and restrictions of the registration or applicable regulations are being violated.
(e). Nothing in this section shall preempt or limit the subcommittee of the pesticide board from registering any pesticide that contains said herbicide substance, or determining the classification of such pesticide as being for a general use or a restricted use.
If the subcommittee determines that a pesticide containing said herbicide substance should be registered for a restricted use under section 7, then a person using such pesticide, shall comply with all applicable provisions of this chapter and regulations for pesticide classified for restricted use.
The subcommittee may also determine that a pesticide containing said herbicide substance, which is classified for restricted use, also requires further limitations, which may include that such pesticide: (i) is restricted to certain individuals or groups, (ii) requires the department’s written permission prior to each use; or (iii) requires further restriction in any other manner.
(f) As used in this section, the words “Use a pesticide”, shall include the spraying, releasing, depositing or applying a pesticide containing said herbicide substance.
SECTION 2. The second paragraph of section 14 of said chapter 132B of the General Laws, as appearing in the 2018 Official Edition is hereby amended by striking out, in lines 9 and 10, the words, “inclusive, or section 7A” and inserting in place thereof the following words:- inclusive, or section 6L, or section 7
SECTION 3. This act shall take effect 12 months after passage.
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An Act empowering towns and cities to protect residents and the environment from harmful pesticides
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H814
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HD930
| 193
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{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-17T15:50:01.287'}
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[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-17T15:50:01.2866667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-27T11:34:12.22'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-08-30T10:22:42.9833333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-08T13:37:19.0233333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-04-10T11:17:57.4966667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T16:55:43.4066667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-05-11T10:36:47.3533333'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-05-03T09:59:29.2566667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:54:40.2633333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-17T14:45:24.21'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-18T10:50:52.6233333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-28T16:04:39.3666667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T12:46:50.2233333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T15:28:55.9666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T11:21:08.09'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-19T16:37:44.9366667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-05-02T12:02:35.6433333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-26T12:56:24.12'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T00:29:59.0933333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-06T15:02:54.26'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-31T09:37:50.3333333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-27T14:57:37.1033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T18:53:32.5633333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-06T17:37:13.72'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-03-20T12:11:50.6133333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-15T13:18:54.35'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H814/DocumentHistoryActions
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Bill
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By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 814) of Carmine Lawrence Gentile and others relative to the powers of cities and town to regulate, restrict or prohibit the use, application or disposal of certain pesticides. Environment and Natural Resources.
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SECTION 1. The second paragraph of section 1 of chapter 132B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:-
This chapter shall determine the regulation of labeling, distribution, sale, storage, transportation, use and application, and disposal of pesticides in the commonwealth; provided, however, that this chapter shall establish the minimum standards and restrictions relative to the use and application and disposal of pesticides, and cities and towns may, by a majority vote of the legislative body and approval from the municipality's board of health, adopt ordinances and by-laws that regulate, restrict or prohibit the use and application or disposal of pesticides within the city or town that are more stringent than the standards and restrictions established by this chapter; provided further, that for purposes of this section, “use and application” and “disposal” of pesticides shall not include the transportation of pesticides.
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An Act to eliminate hydraulic fracturing in the Commonwealth
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H815
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HD2733
| 193
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{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-19T15:58:58.26'}
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[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-19T15:58:58.26'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:55:10.16'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-18T10:50:04.7'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T14:53:05.78'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:09:38.2733333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T08:39:53.9633333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-30T17:14:58'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H815/DocumentHistoryActions
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Bill
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By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 815) of Carmine Lawrence Gentile and others for legislation to eliminate hydraulic fracturing in the Commonwealth. Environment and Natural Resources.
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SECTION 1. Section 26A of chapter 21 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “effluent”, in line 67, the following words:- , hydraulic fracturing fluid.
SECTION 2. Section 27 of said chapter 21, as so appearing, is hereby amended by adding the following clause:-
(14) Enforce restrictions on drilling, waste treatment and disposal and mining activities which have been enacted to protect the water quality and the natural resources of the commonwealth.
SECTION 3. Section 42 of said chapter 21, as so appearing, is hereby amended by inserting after the word “commonwealth”, in line 3, the following words:- ,or into an injection well or into a treatment works in the commonwealth.
SECTION 4. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Fluid”, any material or substance which flows or moves whether in semi-solid, liquid, sludge, gas or any other form or state.
“Gas”, all natural gas, whether hydrocarbon or nonhydrocarbon, including hydrogen sulfide, helium, carbon dioxide, nitrogen, hydrogen, casinghead gas and all other fluid hydrocarbons not defined as oil.
“Hydraulic fracturing”, the process of pumping a fluid into or under the surface of the ground in order to create fractures in rock to produce or recover oil or gas.
“Oil”, crude petroleum, oil and all hydrocarbons, regardless of specific gravity, that are in the liquid phase in the reservoir and are produced at the wellhead in liquid form.
“Oil and gas”, oil and gas collectively, or either oil or gas, as the context may require to give effect to the purposes of this chapter.
(b) a person shall not engage in hydraulic fracturing in the Commonwealth.
(c) a person shall not collect, store, treat or dispose of wastewater hydraulic fracturing fluid, wastewater solids, drill cuttings or other byproducts from hydraulic fracturing in the Commonwealth.
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An Act relative to solid waste disposal facilities
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H816
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HD548
| 193
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{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-12T16:29:31.323'}
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[{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-12T16:29:31.3233333'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:18:27.9133333'}]
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{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:18:27.913'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H816/DocumentHistoryActions
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Bill
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By Representatives Giannino of Revere and Turco of Winthrop, a petition (accompanied by bill, House, No. 816) of Jessica Ann Giannino and Jeffrey Rosario Turco relative to solid waste disposal facilities. Environment and Natural Resources.
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SECTION 1. Section 150A of Chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the fourth paragraph the following paragraph:-
The board of health of a city or town that is within one-half mile of a facility that is being operated, maintained or expanded may adopt reasonable rules and regulations to protect the public health from unnecessary or excessive noise; frequent and unwarranted smoke; and obnoxious odors. Said board of health shall have the authority to issue reasonable orders, citations and civil penalties for any violation of the board of health’s rules and regulations relating to controlling such noise, smoke or obnoxious orders.
SECTION 2. Section 150A½ of said chapter 111 of the General Laws, as so appearing. is hereby amended by striking out clause (9) and inserting in place thereof the following clause:-
(9) the potential for adverse impacts on air quality to include, frequent and unwarranted smoke, and strong and obnoxious odors.
SECTION 3. Said section 150A½ of said chapter 111 of the General Laws, as so appearing, is hereby further amended by inserting the word “from”, in line 21, the following word:- excessive
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An Act relative to landfills and areas of critical environmental concern
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H817
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HD549
| 193
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{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-12T16:28:57.877'}
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[{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-12T16:28:57.8766667'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:22:46.1'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-16T12:51:45.5933333'}]
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{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:22:46.1'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H817/DocumentHistoryActions
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Bill
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By Representatives Giannino of Revere and Turco of Winthrop, a petition (accompanied by bill, House, No. 817) of Jessica Ann Giannino and Jeffrey Rosario Turco relative to the expansion of existing landfills, monofills, or ash landfills located in or adjacent to areas of critical environmental concern. Environment and Natural Resources.
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Notwithstanding any general or special law to the contrary, no new landfill, monofill, or ash landfill shall be established in or adjacent to an area designated by the Commonwealth as an Area of Critical Environmental Concern pursuant to MGL c21A s2 (7). Further, no existing landfill, monofill, or ash landfill located in or adjacent to an Area of Critical Environmental Concern shall be expanded by increase in footprint, vertical height, or capacity for disposal.
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An Act relative to the closure of the Saugus ash landfill
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H818
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HD552
| 193
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{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-10T14:48:55.587'}
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[{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-10T14:48:55.5866667'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:23:14.78'}]
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{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:23:14.78'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H818/DocumentHistoryActions
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Bill
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By Representatives Giannino of Revere and Turco of Winthrop, a petition (accompanied by bill, House, No. 818) of Jessica Ann Giannino and Jeffrey Rosario Turco relative to the closure of the Saugus ash landfill in the town of Saugus. Environment and Natural Resources.
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Notwithstanding any general or special law to the contrary, the facility known as the WIN Waste Innovations Saugus Ash Landfill or Saugus Ash Monofill, 100 Salem Turnpike, Saugus, Massachusetts, 01906, (“Ash Landfill”) shall cease all operations and begin installing a final, permanent cap at the earliest of the following:
1. December 31, 2026.
2. Should the final two of the five drainage valleys (Valleys One and Two) of the Ash Landfill as described in the Environmental Notification Form Saugus Ash Monofill, submitted by WIN Waste Innovations Saugus to the Massachusetts Environmental Policy Act Office and dated May, 2016, (the “ENF”) be filled to a 2% valley slope as described in the ENF. The area proposed to be filled comprises 39 acres and 400,000 cubic yards of airspace according to the ENF.
3. Should WIN Waste Innovations Saugus dispose of 450,000 tons of ash or other material at the Ash Landfill beginning January 1, 2023.
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An Act to promote natural carbon sequestration
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H819
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HD554
| 193
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{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-11T16:04:08.413'}
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[{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-11T16:04:08.4133333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-27T12:00:28.1533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T12:00:28.1533333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-02T12:51:47.44'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-07T15:15:46.09'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-08T12:18:38.7766667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-14T11:37:03.47'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-02-15T15:01:49.4566667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-17T13:15:50.4166667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T13:25:50.49'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H819/DocumentHistoryActions
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Bill
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By Representative Giannino of Revere, a petition (accompanied by bill, House, No. 819) of Jessica Ann Giannino and others relative to the development of quantified net positive statewide natural carbon sequestration and storage goals. Environment and Natural Resources.
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Chapter 21N of the General Laws is hereby amended by inserting, after section 3B, the following section: -
Section 3C. The Secretary shall, in consultation with the department and the coastal zone management office created in Section 4A of Chapter 21A, develop a quantified net positive statewide carbon sequestration and storage goal for natural and working lands as defined in Section 1. In consideration of Massachusetts’ substantial coastline, the Secretary shall study the sequestration capacity of its salt marshes, seagrasses, and waterways in developing the Commonwealth’s carbon sequestration goal. The sequestration goal shall be determined in agreement with the statewide greenhouse gas emission reductions goals as established by the Secretary.
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[]
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[]
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[]
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An Act relative to protecting the residents of the Commonwealth
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H82
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HD260
| 193
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{'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-10T14:28:16.68'}
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[{'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-10T14:28:16.68'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-20T10:31:52.6333333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-13T12:12:56.57'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-03-06T10:38:23.4266667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-28T22:40:18.0433333'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-24T11:38:50.96'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:26:58.9533333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-23T11:56:41'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T15:00:50.51'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-23T13:51:44.0833333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:49:14.1966667'}, {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-02-06T10:05:53.71'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-03-02T12:20:13.3433333'}, {'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-25T13:58:08.64'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T10:23:39.5466667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-11T15:25:34.17'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-13T10:53:10.0966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H82/DocumentHistoryActions
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Bill
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By Representative Soter of Bellingham, a petition (accompanied by bill, House, No. 82) of Michael J. Soter and others for legislation to protect residents of the Commonwealth from the threat posed by certain foreign adversaries using current or potential future social media companies. Advanced Information Technology, the Internet and Cybersecurity.
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Chapter 7D of the Massachusetts General Laws is hereby amended to add the following new section:
Section 12:
(a). Definitions:
(1) “Social Media Company” - A social media company means any entity that operates, directly or indirectly, including through a parent company, subsidiaries, or affiliates, a website, desktop application, or mobile application that:
(i) permits an individual or entity to create an account or profile for the purpose of generating, sharing, and viewing user-generated content through such account or profile;
(ii) sells digital advertising space;
(iii) has more than 1,000,000 monthly active users for a majority of months during the preceding 12 months;
(iv) enables one or more users to generate content that can be viewed by other users of the website, desktop application, or mobile application; and
(v) enables users to view content generated by other users of the website, desktop application, or mobile application.
This definition does not include an entity if the entity does not operate a website, desktop application, or mobile application except for a website, desktop application, or mobile application the primary purpose of which is to allow users to post product reviews, business reviews, or travel information and reviews, or to provide emergency alert services.
A social media company described in this subsection is a social media company that meets one or more of the following:
(i) The company is domiciled in, headquartered in, has its principal place business in, or is organized under the laws of a country of concern.
(ii) A country of concern, entity of concern, or some combination thereof, directly or indirectly owns, controls with the ability to decide important matters, or holds with power to vote, ten percent or more of the outstanding voting stock or shares of the company.
(iii) The company employs software or algorithms controlled or whose export is restricted by a country of concern or entity of concern.
(iv) The company is subject to substantial influence, directly or indirectly, from a country of concern or entity of concern owing to which—
the company shares or could be compelled to share data on United States citizens with a country of concern or entity of concern; or
the content moderation practices of the company are subject to substantial influence from a country of concern or entity of concern.
DEEMED COMPANIES.—The following companies shall be deemed to be social media companies described in this subsection as of the date of the enactment of this Act:
Bytedance, Ltd,
TikTok,
WeChat,
A subsidiary of or a successor company to a company listed in subparagraph (a),(b), or (c).
A company owned or controlled directly or indirectly by a company listed in subparagraph (a), (b) or (c).
(2) “Country of Concern” – A country of concern include the People’s Republic of China (including Hong Kong and Macau), Russia, Iran, North Korea, Cuba, and Venezuela.
(3) “Entity of Concern” - means— (i) a governmental body at any level in a country of concern; (ii) the armed forces of a country of concern; (iii) the leading political party of a country of concern;(iv) an individual who is a national of a country of concern and is domiciled and living in a country of concern, and who is subject to substantial influence, directly or indirectly, from a country of concern; or (v) a private business or a state-owned enterprise domiciled in a country of concern or owned or controlled by a private business or state-owned enterprise domiciled in a country of concern.
(4) “Employee” – means any elected or appointed, officers or employees of any agency, department, division, bureau, or any political subdivision of the commonwealth, county, or municipality, whether serving full or part-time, temporary or permanent, compensated or uncompensated, and officers or soldiers of the military forces of the commonwealth.
(5) “Electronic devices” – means any government issued devices, including but not limited to commonwealth, county, and municipally issued cell phones, laptops, or other devices capable of connecting to the internet except for public safety purposes.
(b.) No employee of the commonwealth, county, or municpality shall use or download any applications or software from any social media company as described in subsection a. of this section on to Commonwealth owned electronic devices.
(c.) The Secretary of the Executive Office of Technology Services and Security will:
develop and implement a plan to remove any referenced hardware products from the commonwealth, county, and municipal networks;
remove any referenced software products from the commonwealth, county, and municipal network;
Implement measures to prevent the installation of referenced hardware and software products on commonwealth owned or managed technology assets;
Implement network-based restrictions to prevent the use of, or access to prohibited services;
Include risks associated with these technologies into the Commonwealth’s Cybersecurity Awareness Training Program through the Office of the Comptroller.
The secretary will continually monitor and update the list in subsection a. of this act.
(d.) (1) The secretary will additionally file a report with the Legislature relative to the risks of the social media companies described in subsection (a.) no later than 180 days following the passage of this act.
(2) Annually, no later than December 31, the secretary shall reassess and report on the risks of social media companies described in subsection (a) and any policy recommendations to the governor, and the clerks of the house of representatives and the senate.
(e.) This act will take effect immediately following its passage.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect residents of the Commonwealth from the threat posed by certain foreign adversaries using current or potential future social media companies that those foreign adversaries control to surveil residents of the Commonwealth , therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.
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An Act relative to requiring the sealing of containers transporting solid waste
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H820
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HD2851
| 193
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{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T14:35:01.627'}
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[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T14:35:01.6266667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:56:37.0133333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:36:47.8833333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T15:35:55.3366667'}]
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Bill
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By Representative González of Springfield, a petition (accompanied by bill, House, No. 820) of Carlos González and others relative to requiring the sealing of containers transporting solid waste. Environment and Natural Resources.
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Chapter 21A of the General Laws is hereby amended by adding the following section:-
Section 29. A municipality, agency, individual, firm, corporation or an entity acting on behalf of an individual, firm or corporation shall not transport solid waste originating in the commonwealth on a vehicle, train, barge, ship, or scow unless the solid waste is covered by a hard top or biodegradable seal that hardens after application.
The department of environmental protection, in consultation with the department of transportation, shall promulgate regulations for the implementation, administration and enforcement of this section.
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An Act relative to the use of chlorpyrifos in the Commonwealth
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H821
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HD563
| 193
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{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-09T17:05:34.267'}
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[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-09T17:05:34.2666667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-20T09:28:58.1266667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-10T13:13:15.5333333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-05-10T14:13:28.7866667'}]
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Bill
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By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 821) of Kenneth I. Gordon, Michelle M. DuBois and Margaret R. Scarsdale relative to the use of chlorpyrifos in the Commonwealth. Environment and Natural Resources.
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SECTION 1. Chapter 132B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 6K the following section:-
Section 6L. (a) After December 31, 2024, no person, firm, partnership, association, limited liability company, or corporation shall distribute, sell, offer for sale or use chlorpyrifos or any products containing chlorpyrifos for use on agricultural land or crops within the Commonwealth of Massachusetts without (i) license issued by the State or any agency of the federal government to conduct chlorpyrifos research; or (ii) a permit issued by the State to apply chlorpyrifos because there is no viable alternative to the use.
(b) For the purposes of this section, chlorpyrifos shall mean a product containing the broad-spectrum chlorinated organophosphate pesticide also known as O, O-diethyl O-(3,5,6-trichloro-2-pyridyl) phosphorothioate.
(c) The department of food and agriculture is authorized to promulgate such rules and regulations as it shall deem necessary to implement the provisions in this section.
SECTION 2. There shall be a task force to study the impact of using chlorpyrifos in non-agricultural settings in Massachusetts, hereinafter referred to as the task force. The task force shall be co-chaired by the house and senate chairs of the joint committee on environment, natural resources, and agriculture and shall include: the commissioner of the department of public health, or a designee; the commissioner of the department of environmental protection, or a designee; the commissioner of the department of conservation and recreation, or a designee; and representatives from each of the following organizations as appointed by the governor: the New England Pest Management Association, Inc., the Massachusetts Audubon Society, Conservation Law Foundation, and the Union of Concerned Scientists; 2 scientists appointed by the President of the University of Massachusetts; 2 persons to be appointed by the Governor.
The task force shall study non-agricultural uses of chlorpyrifos including, but not limited to, its use on golf courses, turf, greenhouses, and non-structural wood treatments, mosquito abatement, and its use as a mosquito adulticide and in roach and ant bait stations in child-resistant packaging. The task force shall consider the ecological and human health impacts of such applications, investigate alternative methods of pest control for such uses, and make policy recommendations based on the findings.
The task force shall submit its recommendations to the governor, the clerks of the house of representatives and the senate, and the chairs of the joint committee on environment, natural resources, and agriculture on or before December 31, 2024.
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An Act relative to the Office of the State Climatologist
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H822
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HD931
| 193
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{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-09T14:04:11.517'}
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[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-09T14:04:11.5166667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-26T15:35:12.78'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-24T17:14:05.99'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-15T14:06:34.2366667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T12:18:39.9233333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-24T16:28:47.39'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T19:26:32.7966667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-25T11:54:05.4766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H822/DocumentHistoryActions
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Bill
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By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 822) of Kenneth I. Gordon and others relative to the office of the state climatologist within the Executive Office of Energy and Environmental Affairs. Environment and Natural Resources.
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SECTION 1. Chapter 21A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking section 24 and inserting in the place thereof the following section:-
Section 24. There shall be an office of the state climatologist which shall be independent of the executive office and under the supervision and control of a state climatologist to be appointed by the secretary. The office of the state climatologist shall be housed by the University of Massachusetts system and shall: (i) gather and analyze data on climate conditions in the commonwealth; (ii) conduct and foster research concerning the climate in the commonwealth and look for opportunities for sponsored research concerning climate issues in the commonwealth; (iii) coordinate with the National Centers for Environmental Information and the Northeast Regional Climate Center both of the United States Department of Commerce/National Oceanic and Atmospheric Administration, the Northeast Regional Climate Adaptation Science Center of the United States Department of the Interior, and the Northeast Climate Hub of the United States Department of Agriculture; and (iv) educate and inform the public on matters related to the climate. The office of the state climatologist shall advise branches of state and local government concerning the climate in the commonwealth and its implications for both economic and scientific needs in conjunction with existing and future environmental factors relating to the climate in the commonwealth. The office of the state climatologist shall maintain a liaison with state, academic, and scientific institutions and join federal and international climate interest groups. The state climatologist shall serve for a term of 5 years but may be reappointed. The office of the state climatologist shall be funded by the executive office.
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An Act relative to paint recycling
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H823
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HD1156
| 193
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{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-18T11:12:00.613'}
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[{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-18T11:12:00.6133333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-05-16T17:00:31.7266667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-03-31T12:33:54.2533333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-05-12T09:04:04.1833333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-07-28T09:33:12.7733333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-08-28T12:48:46.7'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-04-05T17:37:47.8466667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-07-05T13:27:51.6266667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-06-06T08:35:50.8766667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-05T21:40:04.94'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-09-28T14:09:33.4766667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-17T12:36:07.22'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-05-15T16:04:38.72'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-25T10:23:20.37'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-03-10T07:48:46.0466667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-29T20:12:35.1766667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-10T16:08:51.0666667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-06-25T08:52:07.74'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-03-15T14:07:16.1433333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-24T16:16:23.3833333'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-09-08T10:38:17.75'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-02T12:52:06.4433333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-09-07T14:07:43.43'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-08-15T06:39:11.09'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-08-17T17:21:48.21'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H823/DocumentHistoryActions
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Bill
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By Representative Haddad of Somerset, a petition (accompanied by bill, House, No. 823) of Patricia A. Haddad and others relative to the recycling of certain paints. Environment and Natural Resources.
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SECTION 1. Chapter 21H of the General Laws is hereby amended by adding the following section:-
Section 9. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Architectural paint”, interior and exterior architectural coatings sold in containers of 5 gallons or less; provided, however, that “architectural paint” shall not include industrial, original equipment or specialty coatings.
“Collection site”, any location or event at which architectural paint is accepted into a postconsumer paint collection program pursuant to a postconsumer paint collection program plan.
“Commissioner”, the commissioner of environmental protection.
“Department”, the department of environmental protection.
“Environmentally sound management practices”, procedures for the collection, storage, transportation, reuse, recycling, and disposal of architectural paint, to be implemented by the manufacturer or representative organization or by the manufacturers or representative organization’s contracted partners to comply with all applicable federal, state and local laws and any regulations and ordinances for the protection of human health and the environment. These procedures shall address adequate record keeping, tracking and documenting of the final disposition of materials and appropriate environmental liability coverage for the representative organization.
“Household waste”, household waste as defined in 40 CFR § 261.4(b)(1).
“Postconsumer paint”, architectural paint not used and no longer wanted by a purchaser.
“Manufacturer”, manufacturer of architectural paint who sells, offers for sale or distributes the architectural paint in the State under the manufacturer’s own name or brand.
“Program”, the postconsumer paint stewardship program established pursuant to section (b).
“Recycling”, a process by which discarded products, components and by-products are transformed into new usable or marketable materials in a manner in which the original products may lose their identity.
“Representative organization”, a nonprofit organization established by a manufacturer to implement the postconsumer paint stewardship program.
“Retailer”, a company that offers architectural paint or other allied products for retail sale in the commonwealth.
“Very small quantity generator”, very small quantity generators as defined in 40 CFR § 260.10.
(b)(1) A manufacturer of architectural paint sold at retail in the State or a representative organization shall submit to the commissioner a plan for the establishment of a postconsumer paint stewardship program. The program will seek to reduce the generation of postconsumer paint, promote its reuse and recycling, and manage this waste stream using environmentally sound management practices.
(2) The plan submitted by the manufacturer or representative organization to the department under this section shall:
(i) Provide a list of participating manufacturers and brands covered by the program.
(ii) Provide information on the architectural paint products covered under the program, such as interior or exterior water- and oil-based coatings, primers, sealers, or wood coatings.
(iii) Describe how it will provide for convenient and cost-effective statewide collection of postconsumer architectural paint in the commonwealth. The manufacturer or representative organization may coordinate the program with existing household hazardous waste collection infrastructure as is mutually agreeable. A paint retailer may be authorized by the manufacturer or representative organization as a paint collection site if the paint retailer volunteers to act as such, complies with all applicable laws and regulations, and the retail location is consistent with the maintenance of a cost-effective network of paint collection locations.
(iv) Establish a goal for the number and geographic distribution of collection sites for postconsumer architectural paint, using geographic modeling and the following criteria: (A) at least 90 percent of Massachusetts residents shall have a collection site within a 15-mile radius; and (B) one site will be available for every 50,000 residents of an Urbanized Area (as defined by the U.S. Census Bureau), unless otherwise approved by the commissioner.
(v) Describe how postconsumer paint will be managed in an environmentally and economically sound manner using the following strategies, in this order: reuse, recycling, energy recovery, and disposal.
(vi) Describe education and outreach efforts to inform consumers about the program. These materials should include (A) information about collection opportunities for postconsumer paint; (B) information about the fee for the operation of the program that shall be included in the purchase price of all architectural paint sold in the commonwealth; and (C) efforts to promote the source reduction, reuse, and recycling of architectural paint.
(vii) Be reviewed by an independent auditor to assure that any added fee to paint sold in the commonwealth as a result of the postconsumer paint stewardship program does not exceed the costs to operate and sustain the program in accordance with sound management practices. The independent auditor shall verify that the amount added to each unit of paint will cover the aforementioned costs of the postconsumer paint stewardship program.
(3) The stewardship organization shall select the independent auditor in consultation with the department. The department shall review the work product of the independent auditor. The cost of any work performed by such independent auditor shall be funded by the program.
(4) Not later than 60 days after submission of the plan under this section, the commissioner shall make a determination in writing, whether to approve the plan as submitted or disapprove the plan.
(5) The department shall enforce the plan and may, by regulation, establish enforcement procedures including the circumstances under which a new plan or an amendment to the plan must be filed by the manufacturer or representative organization.
(6) No later than the implementation date of the program, information regarding the approved plan, the names of participating producers, and the brands of architectural paint covered by the program shall be posted on the department’s website and on the website of the representative organization.
(7) Upon implementation of the program, each manufacturer shall include in the price of any architectural paint sold to retailers and distributors in the commonwealth the per container amount in the approved program plan. A retailer or distributor shall not deduct this amount from the purchase price.
(c)(1) A manufacturer or retailer shall not sell, or offer for sale, architectural paint to any person in the commonwealth unless the manufacturer of a paint brand or manufacturer’s representative organization is implementing an approved paint stewardship plan as required by section (b).
(2) A retailer shall be in compliance with this section if, on the date the architectural paint was offered for sale, the manufacturer is listed on the department’s website as implementing or participating in an approved program or if the paint brand is listed on the department’s website as being included in the program.
(3) A paint collection site authorized under the provisions of this section shall not charge any additional amount for the disposal of paint when it is offered for disposal.
(4) A manufacturer or the representative organization participating in a postconsumer paint stewardship program shall not be liable for any claim of a violation of antitrust, restraint of trade, unfair trade practice, or other anticompetitive conduct arising from conduct undertaken in accordance with the program.
(5) Annually, the manufacturer or representative organization shall submit a report to the commissioner that details the program. The report shall include: (i) a description of the methods used to collect and transport postconsumer paint collected in the State; (ii) the volume and type of postconsumer paint collected, and a description of the methods used to process the paint, including reuse, recycling and other methods; (iii) samples of educational materials provided to consumers of architectural paint; and (iv) the total cost of the program and an independent financial audit. An independent financial auditor shall be chosen by the producer or representative organization. The report or information relating to the report shall be posted on the department’s website and on the website of the representative organization.
(6) Financial, production or sales data reported to the department by a manufacturer or by the representative organization shall not be subject to disclosure but the commissioner may release a summary form of such data that does not disclose financial, production or sales data of the manufacturer, retailer or representative organization.
(d)(1) Generators of household wastes and very small quantity generators are authorized to transport or send their architectural paints to a paint collection site to the extent permitted by a postconsumer paint stewardship program approved by the commissioner.
(2) Notwithstanding any general or special law to the contrary, paint collection sites are authorized to collect and temporarily store architectural paints generated by persons specified in this section in accordance with the requirements of the paint stewardship program in lieu of any otherwise applicable law, rule or regulation.
(3) Nothing in this section shall be construed as restricting the collection of architectural paint by a postconsumer paint stewardship program where such collection is authorized under any other laws or regulations.
(4) Nothing in this section shall be construed to affect any requirements applicable to facilities that treat, dispose, or recycle architectural paint under an otherwise application law, rule or regulation.
SECTION 2. The plan required by subsection (b) of section 9 of chapter 21H of the General Laws shall be submitted not later than July 1, 2024. The manufacturer or representative organization shall implement the plan within 6 months of the date that the program plan is approved by the commissioner. The department may extend the date of the plan submission or the date of the implementation of the program for good cause shown.
SECTION 3. The manufacturer or representative organization shall submit the first annual report detailing the postconsumer paint collection program as required by paragraph (5) of subsection (c) of section 9 of chapter 21H of the General Laws to the commissioner of environmental protection not later than September 1, 2025 and annually thereafter. The department may extend the time for submission of the annual report for cause shown.
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An Act further defining an environmental justice population
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H824
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HD1166
| 193
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{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T11:13:53.73'}
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[{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T11:13:53.73'}]
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Bill
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By Representative Haggerty of Woburn, a petition (accompanied by bill, House, No. 824) of Richard M. Haggerty relative to further defining an environmental justice population. Environment and Natural Resources.
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Section 62 of chapter 30 is hereby amended by striking out the definition of “Environmental justice population”, as appearing in section 56 of chapter 8 of the acts of 2021, and inserting in place thereof the following definition:-
“Environmental justice population”, a neighborhood that meets 1 or more of the following criteria: (i) the annual median household income is not more than 65 per cent of the statewide annual median household income; (ii) minorities comprise 40 per cent or more of the population; (iii) 25 per cent or more of households lack English language proficiency; (iv) minorities comprise 25 per cent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 per cent of the statewide annual median household income; or (v) the neighborhood is located within ½ mile of a site which is or has previously been designated a Superfund site as defined by 42 USC § 1397h(c)(5); provided, however, that for a neighborhood that does not meet said criteria, but a geographic portion of that neighborhood meets at least 1 criterion, the secretary may designate that geographic portion as an environmental justice population upon the petition of at least 10 residents of the geographic portion of that neighborhood meeting any such criteria; provided further, that the secretary may determine that a neighborhood, including any geographic portion thereof, shall not be designated an environmental justice population upon finding that: (A) the annual median household income of that neighborhood is greater than 125 per cent of the statewide median household income; (B) a majority of persons age 25 and older in that neighborhood have a college education; (C) the neighborhood does not bear an unfair burden of environmental pollution; and (D) the neighborhood has more than limited access to natural resources, including open spaces and water resources, playgrounds and other constructed outdoor recreational facilities and venues.
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An Act relative to pesticides
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H825
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HD577
| 193
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{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-13T12:33:12.2'}
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[{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-13T12:33:12.2'}, {'Id': None, 'Name': 'Zak Mertz', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-13T12:47:37.3566667'}, {'Id': None, 'Name': 'Kara Holmquist', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-13T12:47:37.3566667'}, {'Id': None, 'Name': 'Stephanie J. Harris', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-13T12:47:37.37'}, {'Id': None, 'Name': 'Martin Dagoberto L. Driggs', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-13T13:19:22.69'}, {'Id': None, 'Name': 'Lisa Owens Viani', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-13T13:19:22.7066667'}, {'Id': None, 'Name': 'E. Hardy Kern, III', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-13T15:35:00.23'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-18T10:17:42.2366667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-03-16T15:14:30.6633333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-09T12:34:03.5166667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-06T17:05:42.8666667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-31T16:16:43.51'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-27T11:31:55.43'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-08-30T10:22:05.8466667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-04-06T09:41:04.1666667'}, {'Id': 'FJB1', 'Name': 'F. 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Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-05-03T09:59:50.28'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-30T15:50:23.84'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:59:42.2333333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-03-08T11:08:46.01'}, {'Id': 'JBE0', 'Name': 'James B. 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Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-03-01T12:14:17.45'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-26T12:03:43.71'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-03-24T14:23:49.9133333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T12:02:16.1133333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T10:44:18.7333333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T12:37:39.89'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-03-02T16:52:34.9866667'}, {'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-03-02T09:27:08.6133333'}, {'Id': 'N_H1', 'Name': 'Natalie M. 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Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-03T09:13:37.1433333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-02-15T15:21:15.9133333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-08T14:25:17.27'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-27T14:58:21.1233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T18:53:59.9433333'}, {'Id': 'ALS1', 'Name': 'Aaron L. 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Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-01T15:52:06.74'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-03-07T08:18:54.3233333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T11:09:18.2133333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-04T18:08:15.2766667'}, {'Id': 'KAD1', 'Name': 'Kip A. Diggs', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KAD1', 'ResponseDate': '2023-03-06T12:46:07.85'}, {'Id': 'MRS1', 'Name': 'Margaret R. 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Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-03-02T15:42:57.4733333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-04-10T09:51:52.36'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H825/DocumentHistoryActions
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Bill
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By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 825) of James K. Hawkins and others relative to pesticides. Environment and Natural Resources.
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SECTION 1. Section 6E of chapter 132B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 1, the words “On or before November 1, 2001, each” and inserting in place thereof the following word:- Each.
SECTION 2. Said section 6E of said chapter 132B, as so appearing, is hereby further amended by inserting after the word “center”, in lines 2, 7 and 8, 9 and 18, the following words:-, public institution of higher education, as established in section 5 of chapter 15A.
SECTION 3. Section 6G of said chapter 132B, as so appearing, is hereby amended by inserting after the word “center”, in line 2, the following words:-, public institution of higher education, as established in section 5 of chapter 15A.
SECTION 4. Said section 6G of said chapter 132B, as so appearing, is hereby further amended by adding the following paragraph:-
Notwithstanding the foregoing, a school, child care center, public institution of higher education, or school-age child care program shall make reasonable efforts to use pesticide products that: (i) are classified by the United States Environmental Protection Agency as an exempt material pursuant to 40 C.F.R. 152.25, as amended; or (ii) include no active ingredients other than those published in the National List at 7 C.F.R 205.601, as amended; provided, however, that a school, child care center, public institution of higher education or school-age child care program may be granted a hardship waiver, at the discretion of the department, for use of a pesticide that does not meet such qualifications.
SECTION 5. Section 7A of said chapter 132B, as so appearing, is hereby amended by striking out, in line 2, the word “a” and inserting in place thereof the following words:- an electronic.
SECTION 6. Said section 7A of said chapter 132B, as so appearing, is hereby further amended by inserting after the word “the”, in line 5, the second time it appears, the following word:- electronic.
SECTION 7. Said section 7A of said chapter 132B, as so appearing, is hereby further amended by inserting after the word “the”, in lines 6, 19, 37, and 46 the following word:- electronic.
SECTION 8. Subsection (a) of said section 7A of said chapter 132B, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- Said department may use the ePlace Portal system established by the executive office of energy and environmental affairs to implement the requirements of this section.
SECTION 9. Said section 7A of said chapter 132B, as so appearing, is hereby further amended by inserting after the word “cost-effective”, in line 39, the following word:- electronic.
SECTION 10. Subsection (c) of said section 7A of said chapter 132B, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- Annually, the department shall make available data on pesticide use in the Commonwealth.
SECTION 11. Sections 3 to 10, inclusive, shall take effect 6 months after the effective date of this act.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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[]
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An Act banning the retail sale of dogs, cats, and rabbits in new pet shops
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H826
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HD1228
| 193
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{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-18T11:50:32.567'}
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[{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-18T11:50:32.5666667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-18T11:51:37.3633333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T19:50:27.1333333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-23T19:50:27.1333333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T10:02:15.5566667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T08:59:12.3666667'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-02-02T13:39:23.43'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-03T09:26:28.1'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-03T15:52:23.88'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-06T08:46:14.0533333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T10:00:52.5533333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-06T12:47:37.7133333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-08T10:01:04.81'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-08T10:01:04.81'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T10:01:04.81'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-09T13:57:59.6066667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-09T15:48:59.9833333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-14T13:03:57.2366667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T13:13:08.9666667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-15T20:45:37.2533333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-17T09:48:30.46'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-24T14:33:05.5233333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-06T13:29:17.2966667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-03-07T10:41:11.1866667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-07T10:41:11.1866667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-03-07T10:41:11.1866667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-07T10:41:11.1866667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-07T10:41:11.1866667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-03-07T10:41:11.1866667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-07T10:41:11.1866667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-07T14:56:13.62'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-03-10T09:00:03.6933333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-10T09:00:03.6933333'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-03-10T09:00:03.6933333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-10T09:00:03.6933333'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-10T09:00:03.6933333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-03-10T09:00:03.6933333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-12T20:53:59.5966667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-03-12T20:53:59.5966667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T12:58:33.3866667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-03-23T13:08:56.9066667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-03-27T10:37:09.3966667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T09:45:04.6433333'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-04-05T14:23:03.4033333'}, {'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-04-18T09:09:31.2633333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-06-14T10:31:02.1466667'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-06-14T13:31:18.9466667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-07-27T14:19:36.4866667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-08-07T11:55:52.32'}]
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{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-18T11:50:32.567'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H826/DocumentHistoryActions
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Bill
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By Representatives Higgins of Leominster and Ferguson of Holden, a petition (accompanied by bill, House, No. 826) of Natalie M. Higgins, Kimberly N. Ferguson and others for legislation to further regulate the retail sale of certain domestic animals in new pet shops. Environment and Natural Resources.
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SECTION 1. Section 39A of Chapter 129 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting before the word “Every”, in line 1, the letter:-
(a)
SECTION 2. Section 39A of Chapter 129 of the General Law, , is hereby further amended by striking out the word “section”, in line 13, and inserting in place thereof the following word:-
subsection
SECTION 3. Section 39A of Chapter 129 of the General Laws is hereby further amended by inserting after subsection (a) the following new subsections:-
(b) No person engaged in the business of operating a pet shop for which a license must be obtained pursuant to subsection (a); and are regulated under 330 CMR 12.00 shall sell or offer for sale a dog or cat, unless:
(1) the person engaged in the business of operating the pet shop received a Class A license from the Massachusetts Department of Agricultural Resources on or before the effective date of this act; and
(2) such person only sells or offers for sale dogs or cats from the location licensed to sell or offer for sale dogs or cats under subsection (b) paragraph (1).
(c) No person engaged in the business of operating a pet shop for which a license must be obtained pursuant to subsection (a); and are regulated under 330 CMR 12.00 shall sell or offer for sale a rabbit, unless:
(1) the person engaged in the business of operating the pet shop sold rabbits on or before the effective date of this act; and
(2) such person only sells or offers for sale rabbits from the location licensed to sell or offer for sale animals under 330 CMR 12.00.
(d) Nothing in subsections (b) or (c) shall affect the authority of any town, city, or other locality to regulate or prohibit the sale of dogs, cats, or rabbits.
SECTION 4. Whereas, the deferred operation of this act would tend to defeat its purpose, which is to establish forthwith certain changes to pet shop licensing and operations law, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.
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An Act relative to fluoridation
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H827
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HD1235
| 193
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{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-18T11:56:24.027'}
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[{'Id': None, 'Name': 'Karen Spencer', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T11:56:24.0266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H827/DocumentHistoryActions
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Bill
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By Representative Higgins of Leominster (by request), a petition (accompanied by bill, House, No. 827) of Karen Spencer for legislation to further regulate fluoridation of public water supplies. Environment and Natural Resources.
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Strike the “by local boards; advice of commissioner; election; discontinuance” in the title of Chapter 111 Section 8C
Add “ban on community water fluoridation schemes” to the title, so that it reads as follows:
Fluoridation of public water supplies; ban on community water fluoridation schemes
Replace text of existing law (Chapter 111, Section 8C) with the following text:
Based on the robust body of science documenting ill effects from even low-dose fluoride exposure for a significant portion of the population including pregnant women, bottle-fed babies, young children, the elderly and many in fragile health; conflicting federal regulations regarding the use of fluoridation chemicals; the questionable ethics of medicating a portion of the population against their will including those with medical reason to avoid fluoride; and concerns about the biomagnification of fluoridation chemicals and tramp contaminants in our environment, the Commonwealth of Massachusetts bans the addition of any fluoride water products to any and all public water supplies. Existing artificial fluoridation schemes targeting municipal water supplies must be discontinued within ten (10) days of the ratification of this law.
As those who do not believe the natural fluoride concentration in drinking water supplies or topical use of fluoridated dental products are sufficient for their needs are free to purchase fluoridated water for personal use, this law protects the individual civil rights of all residents.
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An Act relative to establishing a food justice frontline
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H828
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HD2115
| 193
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{'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-19T09:57:15.563'}
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[{'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-19T09:57:15.5633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T13:45:20.8833333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-28T16:06:52.0566667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:45:10.95'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T15:43:00.4833333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-07T15:58:09.89'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T13:00:47.4366667'}]
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Bill
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By Representative Howard of Lowell, a petition (accompanied by bill, House, No. 828) of Vanna Howard and others relative to establishing a food justice frontline providing compensated work involving food production, distribution, preparation, or delivery for food insecure residents. Environment and Natural Resources.
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SECTION 1. The General Laws are hereby amended by inserting after Chapter 128A the following chapter:
Chapter 128B: Food Justice Frontline Program
Section 1. As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise.
“Department”, the Massachusetts Department of Agricultural Resources.
“Food Security Job”, any financially compensated work involving food production, food distribution, food preparation, or food delivery for food insecure Massachusetts residents.
“Nonprofit Food Security Organization”, a nonprofit corporation or other nonprofit organization that has programs which (1) provide land to low- and moderate-income individuals for agricultural production, or (2) has programs which provide Food Security Jobs to low- and moderate-income individuals, including, but not limited to, food production jobs, food distribution jobs, food preparation jobs, and food delivery jobs.
“Overburdened Community” means a Census Block Group in Massachusetts that meets both of the following criteria:
(1) Is at or above the 75th statewide percentile for at least 2 of the following Environmental Indicators on the most recent available United States Environmental Protection Agency’s EJSCREEN Assessment: (a) PM 2.5; (b) Ozone; (c) NATA Diesel PM; (d) NATA Cancer Risk; (e) NATA Respiratory Hazard Index; (f) Traffic Proximity; (g) Lead Paint Indicator; (h) Superfund Proximity; (i) Risk Management Plan Facilities Proximity; (j) Hazardous Waste Proximity; and (k) Wastewater Discharge Indicator; and
(2) has a median household income, as calculated by the US Census Bureau, that is no greater than 80% of the statewide median household income, as calculated by the US Census Bureau.
Section 2. (a) The Department shall create the Food Justice Frontline Program.
(b) The purpose of the Food Justice Frontline Program is to fund Nonprofit Food Security Organizations to enable them to create new Food Security Jobs and provide those jobs to individuals living within Overburdened Communities. The Food Justice Frontline Program is intended to create jobs as rapidly as possible after the enactment of this Act, in order to immediately address the widespread food insecurity throughout Massachusetts.
(c) The Department shall create an application with which Nonprofit Food Security Organizations may apply to receive a financial grant, not to exceed $500,000. This application shall be known as the Food Justice Frontline Funding Application.
(d) No Food Justice Frontline Funding Application shall be considered complete unless the applicant: (1) Describes, in detail, the program or programs which the Nonprofit Food Security Organization operates that provide land or Food Security Jobs to low-income Massachusetts residents; and (2) Describes, in detail, the ways in which the Nonprofit Food Security Organization would use funding to create jobs for individuals living within Overburdened Communities.
(e) The Department shall establish regulations and guidelines regarding the process and criteria for approval of a Food Justice Frontline Funding Application. These regulations and guidelines shall prioritize Nonprofit Food Security Organizations which demonstrate a clear and credible plan to use the funding to quickly create Food Security Jobs for individuals living within Overburdened Communities.
(f) Nonprofit Food Security Organizations which receive a financial grant under the Food Justice Frontline Program must use the entirety of the financial grant money on programs which will create Food Security Jobs for individuals living within Overburdened Communities. These jobs must pay an hourly wage of not less than the quotient of one divided by two thousand and four hundred (1/2,400), multiplied by the statewide per capita income, as calculated by the United States Census Bureau.
(g) A Nonprofit Food Security Organization may apply for multiple financial grants under the Food Justice Frontline Program.
Section 3. The Department shall have the power enter contracts, hire employees, hire contractors, promulgate rules and regulations, levy fines, adjudicate administrative cases, or take any other lawful action in order to implement the Food Justice Frontline Program.
SECTION 2. Chapter 128 of the General Laws is hereby amended by inserting after section 2E the following section:
Section 2F. (a) The Department of Transitional Assistance and the Executive Office of Housing and Economic Development shall establish a new program designed to increase public awareness of the availability of the Supplemental Nutrition Assistance Program, the Healthy Incentives Program, and other similar food access programs for low-income Massachusetts residents and food insecure Massachusetts residents. In order to carry out this program, the Executive Office of Housing and Economic Development shall work with Massachusetts residents under the age of eighteen to promote public awareness of the Supplemental Nutrition Assistance Program. The Executive Office of Housing and Economic Development shall compensate these Massachusetts residents with a stipend of not less than 15 dollars for every hour in which they work to promote public awareness of the Supplemental Nutrition Assistance Program. The Department of Transitional Assistance and the Executive Office of Housing and Economic Development shall prioritize working with Massachusetts residents who live in Overburdened Communities or Census Block Groups with a median household income that is below 80% of the statewide median household income. This program shall be conducted in multiple languages in order to ensure that it benefits both English-speaking families and non-English speaking families.
(b) The Department of Transitional Assistance and the Executive Office of Housing and Economic Development shall apply for any available federal programs including, but not limited to, the Food Insecurity Nutrition Incentive Grants administered by the United States Department of Agriculture to provide matching benefits to be deposited in the Fund.
(c) The Department of Transitional Assistance and the Executive Office of Housing and Economic Development shall promulgate rules and regulations to implement these programs.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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An Act relative to septic installers
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H829
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HD677
| 193
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{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-11T16:46:34.79'}
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[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-11T16:46:34.79'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-22T11:40:09.1266667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-30T13:50:34.4533333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:05:10.7466667'}]
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Bill
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By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 829) of Steven S. Howitt and others relative to the installation of septic tank pipes. Environment and Natural Resources.
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SECTION 1. Notwithstanding any special or general law to the contrary, the office of consumer affairs and business regulations shall permit septic installers to hook up to a piping stub of 6" or more measured from the exterior wall of a buildings foundation or footing.
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An Act to establish the Massachusetts data privacy protection act
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H83
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HD2281
| 193
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{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-10T10:47:41.177'}
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[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-10T10:47:41.1766667'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T12:05:35.4166667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T16:46:39.2666667'}]
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T11:29:13.803'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H83/DocumentHistoryActions
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Bill
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By Representatives Vargas of Haverhill and Rogers of Cambridge, a petition (accompanied by bill, House, No. 83) of Andres X. Vargas, David M. Rogers and Carmine Lawrence Gentile for legislation to establish the Massachusetts data privacy protection act. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. The General Laws, as appearing in the 2018 Official Edition, are hereby amended by inserting after chapter 93K the following chapter:
Chapter 93L. Massachusetts Data Privacy Protection Act
Section 1. Definitions
As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
“affirmative express consent”, an affirmative act by an individual that clearly communicates the individual’s freely given, specific, and unambiguous authorization for an act or practice after having been informed, in response to a specific request from a covered entity that meets the requirements of this chapter.
“authentication”, the process of verifying an individual or entity for security purposes.
“biometric information”, any covered data generated from the technological processing of an individual’s unique biological, physical, or physiological characteristics that is linked or reasonably linkable to an individual, including:—
fingerprints;
voice prints;
iris or retina scans;
facial or hand mapping, geometry, or templates; or
gait or personally identifying physical movements.
The term “biometric information” does not include a digital or physical photograph; an audio or video recording; or data generated from a digital or physical photograph, or an audio or video recording, that cannot be used to identify an individual.
“collect” and “collection”, buying, renting, gathering, obtaining, receiving, accessing, or otherwise acquiring covered data by any means.
“control”, with respect to an entity:—
ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of the entity;
control over the election of a majority of the directors of the entity (or of individuals exercising similar functions); or
the power to exercise a controlling influence over the management of the entity.
“covered algorithm”, a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity and that makes a decision or facilitates human decision-making with respect to covered data, including determining the provision of products or services or to rank, order, promote, recommend, amplify, or similarly determine the delivery or display of information to an individual.
“covered data”, information, including derived data and unique persistent identifiers, that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked or reasonably linkable to an individual. The term “covered data” does not include:—
de-identified data;
employee data covered under section 204 of chapter 149 of the general laws; or
publicly available information.
“covered entity”, any entity or any person, other than an individual acting in a non-commercial context, that alone or jointly with others determines the purposes and means of collecting, processing, or transferring covered data. The term “covered entity” does not include:—
government agencies or service providers to government agencies that exclusively and solely process information provided by government entities;
any entity or person that meets the following criteria for the period of the 3 preceding calendar years (or for the period during which the covered entity or service provider has been in existence if such period is less than 3 years):—
the entity or person’s average annual gross revenues during the period did not exceed $20,000,000;
the entity or person, on average, did not annually collect or process the covered data of more than 75,000 individuals during the period beyond the purpose of initiating, rendering, billing for, finalizing, completing, or otherwise collecting payment for a requested service or product, so long as all covered data for such purpose was deleted or de-identified within 90 days, except when necessary to investigate fraud or as consistent with a covered entity’s return policy; and
no component of its revenue comes from transferring covered data during any year (or part of a year if the covered entity has been in existence for less than 1 year) that occurs during the period.
“covered high-impact social media company”, a covered entity that provides any internet-accessible platform where—
such covered entity generates $3,000,000,000 or more in annual revenue;
such platform has 300,000,000 or more monthly active users for not fewer than 3 of the preceding 12 months on the online product or service of such covered entity; and
such platform constitutes an online product or service that is primarily used by users to access or share, user-generated content.
“covered minor”, an individual under the age of 18.
“de-identified data”, information that does not identify and is not linked or reasonably linkable to a distinct individual or a device, regardless of whether the information is aggregated, and if the covered entity or service provider:—
takes technical measures to ensure that the information cannot, at any point, be used to re-identify any individual or device that identifies or is linked or reasonably linkable to an individual;
publicly commits in a clear and conspicuous manner:—
to process and transfer the information solely in a de-identified form without any reasonable means for re-identification; and
to not attempt to re-identify the information with any individual or device that identifies or is linked or reasonably linkable to an individual; and
contractually obligates any person or entity that receives the information from the covered entity or service provider:—
to comply with all the provisions of this paragraph with respect to the information; and
to require that such contractual obligations be included contractually in all subsequent instances for which the data may be received.
“derived data”, covered data that is created by the derivation of information, data, assumptions, correlations, inferences, predictions, or conclusions from facts, evidence, or another source of information or data about an individual or an individual’s device.
“device”, any electronic equipment capable of collecting, processing, or transferring data that is used by one or more individuals or households.
“first party advertising or marketing”, advertising or marketing conducted by a covered entity that collected covered data from the individual through either direct communications with the individual such as direct mail, email, or text message communications, or advertising or marketing conducted entirely within the first-party context, such as in a physical location operated by or on behalf of such covered entity, or on a web site or app operated by or on behalf of such covered entity.
“genetic information”, any covered data, regardless of its format, that concerns an individual’s genetic characteristics, including:—
raw sequence data that results from the sequencing of the complete, or a portion of the, extracted deoxyribonucleic acid (DNA) of an individual; or
genotypic and phenotypic information that results from analyzing raw sequence data described in subparagraph (A).
“individual”, a natural person who is a Massachusetts resident or present in Massachusetts.
“knowledge”,
with respect to a covered entity that is a covered high-impact social media company, the entity knew or should have known the individual was a covered minor;
with respect to a covered entity or service provider that is a large data holder, and otherwise is not a covered high-impact social media company, that the covered entity knew or acted in willful disregard of the fact that the individual was a covered minor; and
with respect to a covered entity or service provider that does not meet the requirements of clause (i) or (ii), actual knowledge.
“large data holder”, a covered entity or service provider that in the most recent calendar year:—
had annual gross revenues of $250,000,000 or more; and
collected, processed, or transferred the covered data of more than 5,000,000 individuals or devices that identify or are linked or reasonably linkable to 1 or more individuals, excluding covered data collected and processed solely for the purpose of initiating, rendering, billing for, finalizing, completing, or otherwise collecting payment for a requested product or service; and the sensitive covered data of more than 200,000 individuals or devices that identify or are linked or reasonably linkable to 1 or more individuals.
The term “large data holder” does not include any instance in which the covered entity or service provider would qualify as a large data holder solely on the basis of collecting or processing personal email addresses, personal telephone numbers, or log-in information of an individual or device to allow the individual or device to log in to an account administered by the covered entity or service provider.
“material”, with respect to an act, practice, or representation of a covered entity (including a representation made by the covered entity in a privacy policy or similar disclosure to individuals) involving the collection, processing, or transfer of covered data, that such act, practice, or representation is likely to affect a reasonable individual’s decision or conduct regarding a product or service;
“location information”, information derived from a device or from interactions between devices, with or without the knowledge of the user and regardless of the technological method used, that pertains to or directly or indirectly reveals the present or past geographical location of an individual or device within the Commonwealth of Massachusetts with sufficient precision to identify street-level location information within a range of 1,850 feet or less.
“OCABR”, the Office of Consumer Affairs and Business Regulation.
“process”, to conduct or direct any operation or set of operations performed on covered data, including analyzing, organizing, structuring, retaining, storing, using, or otherwise handling covered data.
“processing purpose”, a reason for which a covered entity or service provider collects, processes, or transfers covered data that is specific and granular enough for a reasonable individual to understand the material facts of how and why the covered entity or service provider collects, processes, or transfers the covered data.
“publicly available information”, any information that a covered entity or service provider has a reasonable basis to believe has been lawfully made available to the general public from:—
federal, state, or local government records, if the covered entity collects, processes, and transfers such information in accordance with any restrictions or terms of use placed on the information by the relevant government entity;
widely distributed media;
a website or online service made available to all members of the public, for free or for a fee, including where all members of the public, for free or for a fee, can log in to the website or online service;
a disclosure that has been made to the general public as required by federal, state, or local law; or
the visual observation of the physical presence of an individual or a device in a public place, not including data collected by a device in the individual’s possession.
For purposes of this paragraph, information from a website or online service is not available to all members of the public if the individual who made the information available via the website or online service has restricted the information to a specific audience.
The term “publicly available information” does not include:—
any obscene visual depiction, as defined in section 18 U.S.C. section 1460;
any inference made exclusively from multiple independent sources of publicly available information that reveals sensitive
covered data with respect to an individual;
biometric information;
publicly available information that has been combined with covered data;
genetic information, unless otherwise made available by the individual to whom the information pertains;
intimate images known to have been created or shared without consent..
“reasonably understandable”, of length and complexity such that an individual with an eighth-grade reading level, as established by the department of elementary and secondary education, can read and comprehend.
“sensitive covered data”, the following types of covered data:—
a government-issued identifier, such as a Social Security number, passport number, or driver’s license number, that is not required by law to be displayed in public.
any information that describes or reveals the past, present, or future physical health, mental health, disability, diagnosis, or healthcare condition or treatment of an individual.
a financial account number, debit card number, credit card number, or information that describes or reveals the income level or bank account balances of an individual, except that the last four digits of a debit or credit card number shall not be deemed sensitive covered data.
biometric information.
genetic information.
location information.
an individual’s private communications such as voicemails, emails, texts, direct messages, or mail, or information identifying the parties to such communications, voice communications, video communications, and any information that pertains to the transmission of such communications, including telephone numbers called, telephone numbers from which calls were placed, the time calls were made, call duration, and location information of the parties to the call, unless the covered entity or a service provider acting on behalf of the covered entity is the sender or an intended recipient of the communication. Communications are not private for purposes of this clause if such communications are made from or to a device provided by an employer to an employee insofar as such employer provides conspicuous notice that such employer may access such communications.
account or device log-in credentials, or security or access codes for an account or device.
information identifying the sexual behavior of an individual in a manner inconsistent with the individual’s reasonable expectation regarding the collection, processing, or transfer of such information or when it is processed in a way that creates a substantial privacy risk for the individual.
calendar information, address book information, phone or text logs, photos, audio recordings, or videos, maintained for private use by an individual, regardless of whether such information is stored on the individual’s device or is accessible from that device and is backed up in a separate location. Such information is not sensitive for purposes of this paragraph if such information is sent from or to a device provided by an employer to an employee insofar as such employer provides conspicuous notice that it may access such information.
a photograph, film, video recording, or other similar medium that shows the naked or undergarment-clad private area of an individual.
information revealing the video content requested or selected by an individual collected by a covered entity that is not a provider of a service described in section 102(4). This clause does not include covered data used solely for transfers for independent video measurement.
information about an individual when the covered entity or service provider has knowledge that the individual is a covered minor.
an individual’s race, color, ethnicity, sex, gender identity, sexual orientation, national origin, immigration status, disability, religion, or union membership.
information identifying an individual’s online activities over time and across third-party websites or online services.
any other covered data collected, processed, or transferred for the purpose of identifying the types of covered data listed in clauses (1) through (16).
“service provider”, a person or entity that:—
collects, processes, or transfers covered data on behalf of, and at the direction of, a covered entity or a government agency; and
receives covered data from or on behalf of a covered entity or a government agency.
A service provider that receives service provider data from another service provider as permitted under this chapter shall be treated as a service provider under this chapter with respect to such data.
“service provider data”, covered data that is collected or processed by or has been transferred to a service provider by or on behalf of a covered entity or a government agency or another service provider for the purpose of allowing the service provider to whom such covered data is transferred to perform a service or function on behalf of, and at the direction of, such covered entity or government agency.
“small business”, a covered entity or a service provider that meets the following criteria for the period of the 3 preceding calendar years (or for the period during which the covered entity or service provider has been in existence if such period is less than 3 years):—
the covered entity or service provider’s average annual gross revenues during the period did not exceed $41,000,000;
the covered entity or service provider, on average, did not annually collect or process the covered data of more than 200,000 individuals during the period beyond the purpose of initiating, rendering, billing for, finalizing, completing, or otherwise collecting payment for a requested service or product, so long as all covered data for such purpose was deleted or de-identified within 90 days, except when necessary to investigate fraud or as consistent with a covered entity’s return policy; and
the covered entity or service provider did not derive more than 50 percent of its revenue from transferring covered data during any year (or part of a year if the covered entity has been in existence for less than 1 year) that occurs during the period.
“substantial privacy risk”, the collection, processing, or transfer of covered data in a manner that may result in any reasonably foreseeable substantial physical injury, economic injury, highly offensive intrusion into the privacy expectations of a reasonable individual under the circumstances, or discrimination on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity or disability.
“targeted advertising”, presenting to an individual or device identified by a unique identifier, or groups of individuals or devices identified by unique identifiers, an online advertisement that is selected based on known or predicted preferences, characteristics, or interests associated with the individual or a device identified by a unique identifier; and does not include:—
advertising or marketing to an individual or an individual’s device in response to the individual’s specific request for information or feedback;
contextual advertising, which is when an advertisement is displayed based on the content in which the advertisement appears and does not vary based on who is viewing the advertisement; or
processing covered data solely for measuring or reporting advertising or content, performance, reach, or frequency, including independent measurement.
“third party”, any person or entity, including a covered entity, that—
collects, processes, or transfers covered data and is not a consumer-facing business with which the individual linked or reasonably linkable to such covered data expects and intends to interact; and
is not a service provider with respect to such data.
This term does not include a person or entity that collects covered data from another entity if the two entities are related by common ownership or corporate control, but only if a reasonable consumer’s reasonable expectation would be that such entities share information.
“data broker”, a covered entity whose principal source of revenue is derived from processing or transferring covered data that the covered entity did not collect directly from the individuals linked or linkable to the covered data. This term does not include a covered entity insofar as such entity processes employee data collected by and received from a third party concerning any individual who is an employee of the third party for the sole purpose of such third-party providing benefits to the employee. An entity may not be considered to be a data broker for purposes of this chapter if the entity is acting as a service provider.
“third party data”, covered data that has been transferred to a third party.
“transfer”, to disclose, release, disseminate, make available, license, rent, or share covered data orally, in writing, electronically, or by any other means.
“unique identifier”, an identifier to the extent that such identifier is reasonably linkable to an individual or device that identifies or is linked or reasonably linkable to 1 or more individuals, including a device identifier, Internet Protocol address, cookie, beacon, pixel tag, mobile ad identifier, or similar technology, customer number, unique pseudonym, user alias, telephone number, or other form of persistent or probabilistic identifier that is linked or reasonably linkable to an individual or device. This term does not include an identifier assigned by a covered entity for the specific purpose of giving effect to an individual’s exercise of affirmative express consent or opt-outs of the collection, processing, and transfer of covered data pursuant to this chapter or otherwise limiting the collection, processing, or transfer of such information.
“widely distributed media”, information that is available to the general public, including information from a telephone book or online directory, a television, internet, or radio program, the news media, or an internet site that is available to the general public on an unrestricted basis, but does not include an obscene visual depiction, as defined in 18 U.S.C. section 1460.
Section 2. Duty of Loyalty
A covered entity may not collect, process, or transfer covered data unless the collection, processing, or transfer is limited to what is reasonably necessary and proportionate to carry out one of the following purposes:—
provide or maintain a specific product or service requested by the individual to whom the data pertains;
initiate, manage, complete a transaction, or fulfill an order for specific products or services requested by an individual, including any associated routine administrative, operational, and account-servicing activity such as billing, shipping, delivery, storage, and accounting;
authenticate users of a product or service;
fulfill a product or service warranty;
prevent, detect, protect against, or respond to a security incident. For purposes of this paragraph, security is defined as network security and physical security and life safety, including an intrusion or trespass, medical alerts, fire alarms, and access control security;
to prevent, detect, protect against, or respond to fraud, harassment, or illegal activity targeted at or involving the covered entity or its services. For purposes of this paragraph, the term “illegal activity”, a violation of a federal, state, or local law punishable as a felony or misdemeanor that can directly harm;
comply with a legal obligation imposed by state or federal law, or to investigate, establish, prepare for, exercise, or defend legal claims involving the covered entity or service provider;
effectuate a product recall pursuant to state or federal law;
conduct a public or peer-reviewed scientific, historical, or statistical research project that:—
is in the public interest; and
adheres to all relevant laws and regulations governing such research, including regulations for the protection of human subjects, or is excluded from criteria of the institutional review board;
deliver a communication that is not an advertisement to an individual, if the communication is reasonably anticipated by the individual within the context of the individual’s interactions with the covered entity;
deliver a communication at the direction of an individual between such individual and one or more individuals or entities;
ensure the data security and integrity of covered data in accordance with chapter 93H;
to support or promote participation by individuals in civic engagement activities and democratic governance, including voting, petitioning, engaging with government proceedings, providing indigent legal aid services, and unionizing; or
transfer assets to a third party in the context of a merger, acquisition, bankruptcy, or similar transaction when the third party assumes control, in whole or in part, of the covered entity’s assets, only if the covered entity, in a reasonable time prior to such transfer, provides each affected individual with:—
a notice describing such transfer, including the name of the entity or entities receiving the individual’s covered data and their privacy policies; and
a reasonable opportunity to withdraw any previously given consents related to the individual’s covered data and a reasonable opportunity to request the deletion of the individual’s covered data.
A covered entity may, with respect to covered data previously collected in accordance with the previous subsection, process such data:—
as necessary to provide first-party advertising or marketing of products or services provided by the covered entity for individuals who are not covered minors;
to provide targeted advertising; provided, however, that such collection, processing, and transferring complies with the requirements of this chapter;
process such data as necessary to perform system maintenance or diagnostics;
develop, maintain, repair, or enhance a product or service for which such data was collected;
to conduct internal research or analytics to improve a product or service for which such data was collected;
perform inventory management or reasonable network management;
protect against spam; or
debug or repair errors that impair the functionality of a service or product for which such data was collected.
A covered entity or service provider shall not:—
engage in deceptive advertising or marketing with respect to a product or service offered to an individual; or
draw an individual into signing up for or acquiring a product or service through:—
the use of any false, fictitious, fraudulent, or materially misleading statement or representation; or
the design, modification, or manipulation of any user interface with the purpose or substantial effect of obscuring, subverting, or impairing a reasonable individual’s autonomy, decision-making, or choice.
Nothing in this chapter shall be construed or interpreted to:—
limit or diminish free speech rights of covered entities guaranteed under the First Amendment to the Constitution of the United States or under Article 16 of Massachusetts Declaration of Rights; or
imply any purpose that is not enumerated in subsections (a) and (b), when applicable.
Section 3. Sensitive covered data.
A covered entity or service provider shall not:—
collect, process, or transfer a Social Security number, except when necessary to facilitate an extension of credit, authentication, fraud and identity fraud detection and prevention, the payment or collection of taxes, the enforcement of a contract between parties, or the prevention, investigation, or prosecution of fraud or illegal activity, or as otherwise required by state or federal law;
collect or process sensitive covered data, except where such collection or processing is strictly necessary to provide or maintain a specific product or service requested by the individual to whom the covered data pertains or is strictly necessary to effect a purpose enumerated in paragraphs (1), (2), (3), (5), (7), (9), (10), (11), (13), (14) of subsection (a) of section 2, and such data is only used for that purposes;
transfer an individual’s sensitive covered data to a third party, unless:—
the transfer is made pursuant to the affirmative express consent of the individual, given before each specific transfer takes place;
the transfer is necessary to comply with a legal obligation imposed by state or federal law, so long as such obligation preexisted the collection and previous notice of such obligation was provided to the individual to whom the data pertains;
the transfer is necessary to prevent an individual from imminent injury where the covered entity believes in good faith that the individual is at risk of death, serious physical injury, or serious health risk;
in the case of the transfer of a password, the transfer is necessary to use a designated password manager or is to a covered entity for the exclusive purpose of identifying passwords that are being re-used across sites or accounts;
in the case of the transfer of genetic information, the transfer is necessary to perform a medical diagnosis or medical treatment specifically requested by an individual, or to conduct medical research in accordance with federal and state law; and
in the case of transfer assets in case of a merger, if the transfer is made in accordance with paragraph (14) of subsection (a) of section (2); or
process sensitive covered data for purposes of targeted advertising.
Section 4. Consent practices
The requirements of this chapter with respect to a request for affirmative consent from a covered entity to an individual are the following:—
The request for affirmative consent should be provided to the individual in a clear and conspicuous standalone disclosure made through the primary medium used to offer the covered entity’s product or service, or only if the product or service is not offered in a medium that permits the making of the request under this paragraph, another medium regularly used in conjunction with the covered entity’s product or service;
The request includes a description of the processing purpose for which the individual’s consent is sought by:—
clearly stating the specific categories of covered data that the covered entity shall collect, process, and transfer necessary to effectuate the processing purpose; and
including a prominent heading and is reasonably understandable so that an individual can identify and understand the processing purpose for which consent is sought and the covered data to be collected, processed, or transferred by the covered entity for such processing purpose;
The request clearly explains the individual’s applicable rights related to consent;
The request is made in a manner reasonably accessible to and usable by individuals with disabilities;
The request is made available to the individual in each covered language in which the covered entity provides a product or service for which authorization is sought;
The option to refuse consent shall be at least as prominent as the option to accept, and the option to refuse consent shall take the same number of steps or fewer as the option to accept; and
Processing or transferring any covered data collected pursuant to affirmative express consent for a different processing purpose than that for which affirmative express consent was obtained shall require affirmative express consent for the subsequent processing purpose.
A covered entity shall not infer that an individual has provided affirmative express consent to a practice from the inaction of the individual or the individual’s continued use of a service or product provided by the covered entity.
A covered entity shall not obtain or attempt to obtain the affirmative express consent of an individual through:—
the use of any false, fictitious, fraudulent, or materially misleading statement or representation; or
the design, modification, or manipulation of any user interface with the purpose or substantial effect of obscuring, subverting, or impairing a reasonable individual’s autonomy, decision-making, or choice to provide such consent or any covered data.
Section 5. Privacy by design
A covered entity and a service provider shall establish, implement, and maintain reasonable policies, practices, and procedures that reflect the role of the covered entity or service provider in the collection, processing, and transferring of covered data and that:—
consider applicable federal and state laws, rules, or regulations related to covered data the covered entity or service provider collects, processes, or transfers;
identify, assess, and mitigate privacy risks related to covered minors;
mitigate privacy risks, including substantial privacy risks, related to the products and services of the covered entity or the service provider, including in the design, development, and implementation of such products and services, considering the role of the covered entity or service provider and the information available to it; and
implement reasonable training and safeguards within the covered entity and service provider to promote compliance with all privacy laws applicable to covered data the covered entity collects, processes, or transfers or covered data the service provider collects, processes, or transfers on behalf of the covered entity and mitigate privacy risks, including substantial privacy risks, taking into account the role of the covered entity or service provider and the information available to it.
The policies, practices, and procedures established by a covered entity and a service provider under subsection (a), shall correspond with, as applicable:—
the size of the covered entity or the service provider and the nature, scope, and complexity of the activities engaged in by the covered entity or service provider, including whether the covered entity or service provider is a large data holder, nonprofit organization, small business, third party, or data broker, considering the role of the covered entity or service provider and the information available to it;
the sensitivity of the covered data collected, processed, or transferred by the covered entity or service provider;
the volume of covered data collected, processed, or transferred by the covered entity or service provider;
the number of individuals and devices to which the covered data collected, processed, or transferred by the covered entity or service provider relates; and
the cost of implementing such policies, practices, and procedures in relation to the risks and nature of the covered data.
Section 6. Pricing
A covered entity may not retaliate against an individual for:—
exercising any of the rights guaranteed by this chapter, or any regulations promulgated under this chapter; or
refusing to agree to collection or processing of covered data for a separate product or service, including denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods or services.
Nothing in subsection (a) shall be construed to:—
prohibit the relation of the price of a service or the level of service provided to an individual to the provision, by the individual, of financial information that is necessarily collected and processed only for the purpose of initiating, rendering, billing for, or collecting payment for a service or product requested by the individual;
prohibit a covered entity from offering a different price, rate, level, quality or selection of goods or services to an individual, including offering goods or services for no fee, if the offering is in connection with an individual’s voluntary participation in a bona fide loyalty, , rewards, premium features, discount or club card program, provided, that the covered entity may not sell covered data to a third-party as part of such a program unless:—
the sale is reasonably necessary to enable the third party to provide a benefit to which the consumer is entitled;
the sale of personal data to third parties is clearly disclosed in the terms of the program; and
the third party uses the personal data only for purposes of facilitating such a benefit to which the consumer is entitled and does not retain or otherwise use or disclose the personal data for any other purpose;
require a covered entity to provide a bona fide loyalty program that would require the covered entity to collect, process, or transfer covered data that the covered entity otherwise would not collect, process, or transfer;
prohibit a covered entity from offering a financial incentive or other consideration to an individual for participation in market research;
prohibit a covered entity from offering different types of pricing or functionalities with respect to a product or service based on an individual’s exercise of a right to delete; or
prohibit a covered entity from declining to provide a product or service insofar as the collection and processing of covered data is strictly necessary for such product or service.
Notwithstanding the provisions in this subsection, no covered entity may offer different types of pricing that are unjust, unreasonable, coercive, or usurious in nature.
Section 7. Privacy policy
Each covered entity and service provider shall make publicly available, in a clear, conspicuous, not misleading, a reasonably understandable privacy policy that provides a detailed and accurate representation of the data collection, processing, and transfer activities of the covered entity.
The privacy policy must be provided in a manner that is reasonably accessible to and usable by individuals with disabilities. The policy shall be made available to the public in each covered language in which the covered entity or service provider provides a product or service that is subject to the privacy policy; or carries out activities related to such product or service.
The privacy policy must include, at a minimum, the following:—
The identity and the contact information of:—
the covered entity or service provider to which the privacy policy applies, including the covered entity’s or service provider’s points of contact and generic electronic mail addresses, as applicable for privacy and data security inquiries;
any other entity within the same corporate structure as the covered entity or service provider to which covered data is transferred by the covered entity;
the categories of covered data the covered entity or service provider collects or processes;
the processing purposes for each category of covered data the covered entity or service provider collects or processes;
whether the covered entity or service provider transfers covered data and, if so, each category of service provider and third party to which the covered entity or service provider transfers covered data, the name of each data broker to which the covered entity or service provider transfers covered data, and the purposes for which such data is transferred to such categories of service providers and third parties or third-party collecting entities, except for a transfer to a governmental entity pursuant to a court order or law that prohibits the covered entity or service provider from disclosing such transfer;
The length of time the covered entity or service provider intends to retain each category of covered data, including sensitive covered data, or, if it is not possible to identify that timeframe, the criteria used to determine the length of time the covered entity or service provider intends to retain categories of covered data;
A prominent description of how an individual can exercise the rights described in this chapter;
A general description of the covered entity’s or service provider’s data security practices; and
The effective date of the privacy policy.
If a covered entity makes a material change to its privacy policy or practices, the covered entity shall notify each individual affected by such material change before implementing the material change with respect to any prospectively collected covered data and, except as provided in paragraphs (1) through (15) of section 2, provide a reasonable opportunity for each individual to withdraw consent to any further materially different collection, processing, or transfer of previously collected covered data under the changed policy.
The covered entity shall take all reasonable electronic measures to provide direct notification regarding material changes to the privacy policy to each affected individual, in each covered language in which the privacy policy is made available, and taking into account available technology and the nature of the relationship.
Nothing in this section shall be construed to affect the requirements for covered entities under other sections of this chapter.
Each large data holder shall retain copies of previous versions of its privacy policy for at least 10 years beginning after the date of enactment of this chapter and publish them on its website. Such large data holder shall make publicly available, in a clear, conspicuous, and readily accessible manner, a log describing the date and nature of each material change to its privacy policy over the past 10 years. The descriptions shall be sufficient for a reasonable individual to understand the material effect of each material change. The obligations in this paragraph shall not apply to any previous versions of a large data holder’s privacy policy, or any material changes to such policy, that precede the date of enactment of this Act.
In addition to the privacy policy required under subsection (a), a large data holder that is a covered entity shall provide a short form notice of no more than 500 words in length that includes the main features of their data practices.
Section 8. Individual data rights
A covered entity shall provide an individual, after receiving a verified request from the individual, with the right to:—
access:—
in a human-readable format that a reasonable individual can understand and download from the internet, the covered data (except covered data in a back-up or archival system) of the individual making the request that is collected, processed, or transferred by the covered entity or any service provider of the covered entity within the 24 months preceding the request;
the categories of any third party, if applicable, and an option for consumers to obtain the names of any such third party as well as and the categories of any service providers to whom the covered entity has transferred for consideration the covered data of the individual, as well as the categories of sources from which the covered data was collected; and
a description of the purpose for which the covered entity transferred the covered data of the individual to a third party or service provider;
correct any verifiable substantial inaccuracy or substantially incomplete information with respect to the covered data of the individual that is processed by the covered entity and instruct the covered entity to make reasonable efforts to notify all third parties or service providers to which the covered entity transferred such covered data of the corrected information;
delete covered data of the individual that is processed by the covered entity and instruct the covered entity to make reasonable efforts to notify all third parties or service provider to which the covered entity transferred such covered data of the individual’s deletion request; and
to the extent technically feasible, export to the individual or directly to another entity the covered data of the individual that is processed by the covered entity, including inferences linked or reasonably linkable to the individual but not including other derived data, without licensing restrictions that limit such transfers in:—
a human-readable format that a reasonable individual can understand and download from the internet; and
a portable, structured, interoperable, and machine-readable format.
A covered entity may not condition, effectively condition, attempt to condition, or attempt to effectively condition the exercise of a right described in subsection (a) through:—
the use of any false, fictitious, fraudulent, or materially misleading statement or representation; or
the design, modification, or manipulation of any user interface with the purpose or substantial effect of obscuring, subverting, or impairing a reasonable individual’s autonomy, decision making, or choice to exercise such right.
Subject to subsections (d) and (e), each request under subsection (a) shall be completed within 30 days of such request from an individual, unless it is demonstrably impracticable or impracticably costly to verify such individual.
A response period set forth in this subsection may be extended once by 20 additional days when reasonably necessary, considering the complexity and number of the individual’s requests, so long as the covered entity informs the individual of any such extension within the initial 30-day response period, together with the reason for the extension.
A covered entity:—
shall provide an individual with the opportunity to exercise each of the rights described in subsection (a) and with respect to:—
the first two times that an individual exercises any right described in subsection (a) in any 12-month period, shall allow the individual to exercise such right free of charge; and
any time beyond the initial two times described in subparagraph (A), may allow the individual to exercise such right for a reasonable fee for each request.
A covered entity may not permit an individual to exercise a right described in subsection (a), in whole or in part, if the covered entity:—
cannot reasonably verify that the individual making the request to exercise the right is the individual whose covered data is the subject of the request or an individual authorized to make such a request on the individual’s behalf;
reasonably believes that the request is made to interfere with a contract between the covered entity and another individual;
determines that the exercise of the right would require access to or correction of another individual’s sensitive covered data;
reasonably believes that the exercise of the right would require the covered entity to engage in an unfair or deceptive practice under state law; or
reasonably believes that the request is made to further fraud, support criminal activity, or the exercise of the right presents a data security threat.
If a covered entity cannot reasonably verify that a request to exercise a right described in subsection (a) is made by the individual whose covered data is the subject of the request (or an individual authorized to make such a request on the individual’s behalf), the covered entity:—
may request that the individual making the request to exercise the right provide any additional information necessary for the sole purpose of verifying the identity of the individual; and
may not process or transfer such additional information for any other purpose.
A covered entity may decline, with adequate explanation to the individual, to comply with a request to exercise a right described in subsection (a), in whole or in part, that would:—
require the covered entity to retain any covered data collected for a single, one-time transaction, if such covered data is not processed or transferred by the covered entity for any purpose other than completing such transaction;
be demonstrably impracticable or prohibitively costly to comply with, and the covered entity shall provide a description to the requestor detailing the inability to comply with the request;
require the covered entity to attempt to re-identify de-identified data;
require the covered entity to maintain covered data in an identifiable form or collect, retain, or access any data in order to be capable of associating a verified individual request with covered data of such individual;
result in the release of trade secrets or other privileged or confidential business information;
require the covered entity to correct any covered data that cannot be reasonably verified as being inaccurate or incomplete;
interfere with law enforcement, judicial proceedings, investigations, or reasonable efforts to guard against, detect, prevent, or investigate fraudulent, malicious, or unlawful activity, or enforce valid contracts;
violate state or federal law or the rights and freedoms of another individual, including under the Constitution of the United States and Massachusetts Declaration of Rights;
prevent a covered entity from being able to maintain a confidential record of deletion requests, maintained solely for the purpose of preventing covered data of an individual from being recollected after the individual submitted a deletion request and requested that the covered entity no longer collect, process, or transfer such data; or
endanger the source of the data if such data could only have been obtained from a single identified source.
A covered entity may decline, with adequate explanation to the individual, to comply with a request for deletion pursuant to paragraph (3) of subsection (a) if such request:—
unreasonably interfere with the provision of products or services by the covered entity to another person it currently serves;
requests to delete covered data that relates to (A) a public figure, public official, or limited-purpose public figure; or (B) any other individual that has no reasonable expectation of privacy with respect to such data;
requests to delete covered data reasonably necessary to perform a contract between the covered entity and the individual;
requests to delete covered data that the covered entity needs to retain in order to comply with professional ethical obligations;
requests to delete covered data that the covered entity reasonably believes may be evidence of unlawful activity or an abuse of the covered entity’s products or service; or
involves private elementary and secondary schools as defined by state law and private institutions of higher education as defined by title I of the Higher Education Act of 1965 and targets covered data that would unreasonably interfere with the provision of education services by or the ordinary operation of the school or institution.
In a circumstance that would allow a denial pursuant to this section, a covered entity shall partially comply with the remainder of the request if it is possible and not unduly burdensome to do so.
The receipt of a large number of verified requests, on its own, may not be considered to render compliance with a request demonstrably impracticable.
A covered entity shall facilitate the ability of individuals to make requests under subsection (a) in any covered language in which the covered entity provides a product or service. The mechanisms by which a covered entity enables individuals to make requests under subsection (a) shall be readily accessible and usable by individuals with disabilities.
Section 9. Advanced data rights.
Covered entities shall provide an individual with a clear and conspicuous, easy-to-execute means to withdraw affirmative express consent. Those means shall be as easy to execute by a reasonable individual as the means to provide consent.
Right to opt-out of covered data transfers. A covered entity:—
may not transfer or direct the transfer of the covered data of an individual to a third party if the individual objects to the transfer; and
shall allow an individual to object to such a transfer through an opt out mechanism, as described in section 12.
Right to opt out of targeted advertising. A covered entity or service provider that directly delivers a targeted advertisement shall:—
prior to engaging in targeted advertising to an individual or device and at all times, thereafter, provide such individual with a clear and conspicuous means to opt out of targeted advertising;
abide by any opt-out designation by an individual with respect to targeted advertising and notify the covered entity that directed the service provider to deliver the targeted advertisement of the opt-out decision; and
allow an individual to make an opt-out designation with respect to targeted advertising through an opt-out mechanism.
A covered entity or service provider that receives an opt-out notification pursuant to this section shall abide by such opt-out designations by an individual and notify any other person that directed the covered entity or service provider to serve, deliver, or otherwise handle the advertisement of the opt-out decision.
A covered entity may not condition, effectively condition, attempt to condition, or attempt to effectively condition the exercise of any individual right under this section through:—
the use of any false, fictitious, fraudulent, or materially misleading statement or representation; or
the design, modification, or manipulation of any user interface with the purpose or substantial effect of obscuring, subverting, or impairing a reasonable individual’s autonomy, decision making, or choice to exercise any such right.
A covered entity shall notify third parties who had access to an individual’s covered data when the individual exercises any of the rights established in this section. The third party shall comply with the request to opt-out of sale or data transfer forwarded to them from a covered entity that provided, made available, or authorized the collection of the individual’s covered data. The third party shall comply with the request in the same way a covered entity is required to comply with the request. The third party shall no longer retain, use, or disclose the personal information unless the third party becomes a service provider or a covered entity in the terms of this chapter.
Section 10. Minors
A covered entity may not engage in targeted advertising to any individual if the covered entity has knowledge that the individual is a covered minor.
Section 11. Data Brokers
Each data broker shall place a clear, conspicuous, not misleading, and readily accessible notice on the website or mobile application of the data broker (if the data broker maintains such a website or mobile application) that:—
notifies individuals that the entity is a data broker;
includes a link to the data broker registry website; and
is reasonably accessible to and usable by individuals with disabilities.
Data broker registration. Not later than January 31 of each calendar year that follows a calendar year during which a covered entity acted as a data broker, data brokers shall register with the OCABR in accordance with this subsection.
In registering with the OCABR, a data broker shall do the following:—
Pay to the OCABR a registration fee of $100;
Provide the OCABR with the following information:—
The legal name and primary physical, email, and internet addresses of the data broker;
A description of the categories of covered data the data broker processes and transfers;
(C) The contact information of the data broker, including a contact person, a telephone number, an e-mail address, a website, and a physical mailing address; and
(D) A link to a website through which an individual may easily exercise the rights provided under this subsection.
The OCABR shall establish and maintain on a website a searchable, publicly available, central registry of third-party collecting entities that are registered with the OCABR under this subsection that includes a listing of all registered data brokers and a search feature that allows members of the public to identify individual data brokers and access to the registration information provided under subsection (b).
Penalties. A data broker that fails to register or provide the notice as required under this section shall be liable for:—
a civil penalty of $100 for each day the data broker fails to register or provide notice as required under this section, not to exceed a total of $10,000 for any year; and
an amount equal to the registration fees for each year that the data broker failed to register as required under this subsection.
Nothing in this subsection shall be construed as altering, limiting, or affecting any enforcement authorities or remedies under this chapter.
Section 11. Civil rights protections
A covered entity or a service provider may not collect, process, or transfer covered data or publicly available data in a manner that discriminates in or otherwise makes unavailable the equal enjoyment of goods or services (i.e., has a disparate impact) on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity or disability.
This subsection shall not apply to:—
the collection, processing, or transfer of covered data for the purpose of:—
covered entity’s or a service provider’s self-testing to prevent or mitigate unlawful discrimination; or
diversifying an applicant, participant, or customer pool; or
any private club or group not open to the public, as described in section 201(e) of the Civil Rights Act of 1964, 42 U.S.C. section 2000a(e).
Whenever the Attorney General obtains information that a covered entity or service provider may have collected, processed, or transferred covered data in violation of subsection (a), the Attorney General shall initiate enforcement actions relating to such violation in accordance with section (14) this chapter.
Not later than 3 years after the date of enactment of this chapter, and annually thereafter, the Attorney General shall submit to the legislature a report that includes a summary of the enforcement actions taken under this subsection.
Covered algorithm impact and evaluation. Notwithstanding any other provision of law, not later than 2 years after the date of enactment of this chapter, and annually thereafter, a large data holders that uses a covered algorithm in a manner that poses a consequential risk of harm to an individual or group of individuals, and uses such covered algorithm solely or in part, to collect, process, or transfer covered data or publicly available data shall conduct an impact assessment of such algorithm in accordance with paragraph (1).
The impact assessment required under subsection (d) shall provide the following:—
A detailed description of the design process and methodologies of the covered algorithm;
A statement of the purpose and proposed uses of the covered algorithm;
A detailed description of the data used by the covered algorithm, including the specific categories of data that will be processed as input and any data used to train the model that the covered algorithm relies on, if applicable;
A description of the outputs produced by the covered algorithm as well as the outcomes of their use;
An assessment of the necessity and proportionality of the covered algorithm in relation to its stated purpose; and
A detailed description of steps the large data holder has taken or will take to mitigate potential harms from the covered algorithm to an individual or group of individuals, including related to:—
covered minors;
making or facilitating advertising for, or determining access to, or restrictions on the use of housing, education, employment, healthcare, insurance, or credit opportunities;
determining access to, or restrictions on the use of, any place of public accommodation, particularly as such harms relate to the protected characteristics of individuals, including race, color, religion, national origin, sex, sexual orientation, gender identity or disability;
disparate impact on the basis of individuals’ race, color, religion, national origin, sex, sexual orientation, gender identity or disability status; or
disparate impact on the basis of individuals’ political party registration status.
Notwithstanding any other provision of law, not later than 2 years after the date of enactment of this chapter, a covered entity or service provider that knowingly develops a covered algorithm that is designed, solely or in part, to collect, process, or transfer covered data in furtherance of a consequential decision shall, prior to deploying the covered algorithm evaluate the design, structure, and inputs of the covered algorithm, including any training data used to develop the covered algorithm, to reduce the risk of the potential harms identified under the previous paragraph.
In complying with paragraphs (1) and (2), a covered entity and a service provider may focus the impact assessment or evaluation on any covered algorithm, or portions of a covered algorithm, that will be put to use and may reasonably contribute to the risk of the potential harms identified under paragraph (2).
A covered entity and a service provider shall:—
submit the impact assessment or evaluation conducted under paragraph (1) or (2) to the Attorney General not later than 30 days after completing an impact assessment or evaluation;
make such impact assessment and evaluation available to the legislature, upon request; and
make a summary of such impact assessment and evaluation publicly available in a their website or any other similar place that is easily accessible to individuals.
Covered entities and service providers may redact and segregate any trade secrets, as defined in 18 U.S.C. section 1839, or other confidential or proprietary information from public disclosure under this subsection.
The Attorney General may not use any information obtained solely and exclusively through a covered entity or a service provider’s disclosure of information to the Attorney General in compliance with this section for any other purpose than enforcing this chapter; provided, however, that it may be used for enforcing consent orders.
The previous subparagraph does not preclude the Attorney General from providing information about a covered entity to the legislature in response to a subpoena.
Section 12. Miscellaneous
Not later than 18 months after the date of enactment of this chapter, the OCABR shall establish or recognize one or more acceptable privacy protective, centralized mechanisms for individuals to exercise the opt-out rights recognized in section 9.
Any such centralized opt-out mechanism shall:—
require covered entities or service providers acting on behalf of covered entities to inform individuals about the centralized opt-out choice;
not be required to be the default setting, but may be the default setting provided that in all cases the mechanism clearly represents the individual’s affirmative, freely given, and unambiguous choice to opt out;
be consumer-friendly, clearly described, and easy-to-use by a reasonable individual;
be provided in any covered language in which the covered entity provides products or services subject to the opt-out; and
be provided in a manner that is reasonably accessible to and usable by individuals with disabilities.
A covered entity or service provider that is not a small business shall designate:—
1 or more qualified employees as privacy officers; and
1 or more qualified employees as data security officers.
An employee who is designated as a privacy officer or a data security officer pursuant to subsection (c) shall, at a minimum:—
implement a data privacy program and data security program to safeguard the privacy and security of covered data in compliance with the requirements of this chapter; and
facilitate the covered entity or service provider’s ongoing compliance with this chapter.
Each covered entity that is a large data holder shall conduct a privacy impact assessment that weighs the benefits of the large data holder’s covered data collecting, processing, and transfer practices against the potential adverse consequences of such practices, including substantial privacy risks, to individual privacy.
The assessment shall be conducted not later than 1 year after the date of enactment of this chapter or 1 year after the date on which a covered entity first meets the definition of large data holder, whichever is earlier, and biennially thereafter.
A privacy impact assessment required under subsection (e) shall be:—
reasonable and appropriate in scope given:—
the nature of the covered data collected, processed, and transferred by the large data holder;
the volume of the covered data collected, processed, and transferred by the large data holder; and
the potential material risks posed to the privacy of individuals by the collecting, processing, and transfer of covered data by the large data holder;
documented in written form and maintained by the large data holder unless rendered out of date by a subsequent assessment conducted under subsection (e); and
approved by the privacy protection officer designated pursuant to subsection (c).
In assessing the privacy risks, including substantial privacy risks, the large data holder must include reviews of the means by which technologies are used to secure covered data.
Section 13. Service providers.
A service provider:—
shall adhere to the instructions of a covered entity and only collect, process, and transfer service provider data to the extent necessary and proportionate to provide a service requested by the covered entity, as set out in the contract required by subsection (b), and this paragraph does not require a service provider to collect, process, or transfer covered data if the service provider would not otherwise do so;
may not collect, process, or transfer service provider data if the service provider has actual knowledge that a covered entity violated this chapter with respect to such data;
shall assist a covered entity in responding to a request made by an individual under this chapter, by either:—
providing appropriate technical and organizational measures, considering the nature of the processing and the information reasonably available to the service provider, for the covered entity to comply with such request for service provider data; or
fulfilling a request by a covered entity to execute an individual rights request that the covered entity has determined should be complied with, by either:—
complying with the request pursuant to the covered entity’s instructions; or
providing written verification to the covered entity that it does not hold covered data related to the request, that complying with the request would be inconsistent with its legal obligations, or that the request falls within an exception under this chapter;
may engage another service provider for purposes of processing service provider data on behalf of a covered entity only after providing that covered entity with notice and pursuant to a written contract that requires such other service provider to satisfy the obligations of the service provider with respect to such service provider data, including that the other service provider be treated as a service provider under this chapter;
shall, upon the reasonable request of the covered entity, make available to the covered entity information necessary to demonstrate the compliance of the service provider with the requirements of this chapter, which may include making available a report of an independent assessment arranged by the service provider on terms agreed to by the service provider and the covered entity, providing information necessary to enable the covered entity to conduct and document a privacy impact assessment required by this chapter;
shall, at the covered entity’s direction, delete or return all covered data to the covered entity as requested at the end of the provision of services, unless retention of the covered data is required by law;
shall develop, implement, and maintain reasonable administrative, technical, and physical safeguards that are designed to protect the security and confidentiality of covered data the service provider processes consistent with chapter 93H of the general laws; and
shall allow and cooperate with reasonable assessments by the covered entity or the covered entity’s designated assessor. Alternatively, the service provider may arrange for a qualified and independent assessor to conduct an assessment of the service provider’s policies and technical and organizational measures in support of the obligations under this chapter using an appropriate and accepted control standard or framework and assessment procedure for such assessments. The service provider shall provide a report of such assessment to the covered entity upon request.
A person or entity may only act as a service provider pursuant to a written contract between the covered entity and the service provider, or a written contract between one service provider and a second service provider as described under paragraph (4) of subsection (a), if the contract:—
sets forth the data processing procedures of the service provider with respect to collection, processing, or transfer performed on behalf of the covered entity or service provider;
clearly sets forth:—
instructions for collecting, processing, or transferring data;
the nature and purpose of collecting, processing, or transferring;
the type of data subject to collecting, processing, or transferring;
the duration of processing; and
the rights and obligations of both parties, including a method by which the service provider shall notify the covered entity of material changes to its privacy practices;
does not relieve a covered entity or a service provider of any requirement or liability imposed on such covered entity or service provider under this chapter; and
prohibits:—
collecting, processing, or transferring covered data in contravention to subsection (a); and
combining service provider data with covered data which the service provider receives from or on behalf of another person or persons or collects from the interaction of the service provider with an individual, provided that such combining is not necessary to effectuate a purpose described in paragraphs (1) through (15) of section 2(a) and is otherwise permitted under the contract required by this subsection.
Each service provider shall retain copies of previous contracts entered into in compliance with this subsection with each covered entity to which it provides requested products or services.
The classification of a person or entity as a covered entity or as a service provider and the relationship between covered entities and service providers are regulated by the following provisions:—
Determining whether a person is acting as a covered entity or service provider with respect to a specific processing of covered data is a fact-based determination that depends upon the context in which such data is processed.
A person or entity that is not limited in its processing of covered data pursuant to the instructions of a covered entity, or that fails to adhere to such instructions, is a covered entity and not a service provider with respect to a specific processing of covered data. A service provider that continues to adhere to the instructions of a covered entity with respect to a specific processing of covered data remains a service provider. If a service provider begins, alone or jointly with others, determining the purposes and means of the processing of covered data, it is a covered entity and not a service provider with respect to the processing of such data.
A covered entity that transfers covered data to a service provider or a service provider that transfers covered data to a covered entity or another service provider, in compliance with the requirements of this chapter, is not liable for a violation of this chapter by the service provider or covered entity to whom such covered data was transferred, if at the time of transferring such covered data, the covered entity or service provider did not have actual knowledge that the service provider or covered entity would violate this chapter.
A covered entity or service provider that receives covered data in compliance with the requirements of this chapter is not in violation of this chapter as a result of a violation by a covered entity or service provider from which such data was received.
A third party:—
shall not process third party data for a processing purpose other than the processing purpose for which—
the individual gave affirmative express consent or to effect a purpose enumerated in paragraph (2), (3), or (5) of subsection (a) of section 2 in the case of sensitive covered data; or
the covered entity made a disclosure pursuant to their privacy policy and in the case of data that is not sensitive data;
may reasonably rely on representations made by the covered entity that transferred the third-party data if the third party conducts reasonable due diligence on the representations of the covered entity and finds those representations to be credible.
Solely for the purposes of this section, the requirements for service providers to contract with, assist, and follow the instructions of covered entities shall be read to include requirements to contract with, assist, and follow the instructions of a government entity if the service provider is providing a service to a government entity.
Section 14. Enforcement. Private Right of Action and Attorney General enforcement.
A violation of this chapter or a regulation promulgated under this chapter constitutes an injury to that individual.
Private right of action. Any individual alleging a violation of this chapter by a covered entity that is not a small business may bring a civil action in the superior court or any court of competent jurisdiction.
An individual protected by this chapter may not be required, as a condition of service or otherwise, to file an administrative complaint with the commission or to accept mandatory arbitration of a claim under this chapter.
The civil action shall be directed to the covered entity, data processor, and the third-parties alleged to have committed the violation.
In a civil action in which the plaintiff prevails, the court may award:—
liquidated damages of not less than 0.15% of the annual global revenue of the covered entity or $15,000 per violation, whichever is greater;
punitive damages; and
any other relief, including but not limited to an injunction, that the court deems to be appropriate.
In addition to any relief awarded pursuant to the previous paragraph, the court shall award reasonable attorney’s fees and costs to any prevailing plaintiff.
The attorney general may bring an action pursuant to section 4 of chapter 93A against a covered entity, service provider, third party or data broker to remedy violations of this chapter and for other relief that may be appropriate.
If the court finds that the defendant has employed any method, chapter, or practice which they knew or should have known to be in violation of this chapter, the court may require such person to pay to the commonwealth a civil penalty of:—
not less than 0.15% of the annual global revenue or $15,000, whichever is greater, per violation; and
not more than 4% of the annual global revenue of the covered entity, data processor, or third-party or $20,000,000, whichever is greater, per action if such action includes multiple violations to multiple individuals;
All money awards shall be paid to the commonwealth. The commonwealth shall identify the individuals affected by the violation and earmark such money awards, penalties, or assessments collected for purposes of paying for the damages they suffered as a consequence of the violation.
When calculating awards and civil penalties in all the actions in this section, the court shall consider:—
the number of affected individuals;
the severity of the violation or noncompliance;
the risks caused by the violation or noncompliance;
whether the violation or noncompliance was part of a pattern of noncompliance and violations and not an isolated instance;
whether the violation or noncompliance was willful and not the result of error;
the precautions taken by the defendant to prevent a violation;
the number of administrative actions, lawsuits, settlements, and consent-decrees under this chapter involving the defendant;
the number of administrative actions, lawsuits, settlements, and consent-decrees involving the defendant in other states and at the federal level in issues involving information privacy; and
the international record of the defendant when it comes to information privacy issues.
It is a violation of this chapter for a covered entity or anyone else acting on behalf of a covered entity to retaliate against an individual who makes a good-faith complaint that there has been a failure to comply with any part of this chapter.
An injured individual by a violation of the previous paragraph may bring a civil action for monetary damages and injunctive relief in any court of competent jurisdiction.
Section 15. Enforcement - Miscellaneous
Any provision of a contract or agreement of any kind, including a covered entity’s terms of service or a privacy policy, including the short-form privacy notice required under section 3 that purports to waive or limit in any way an individual’s rights under this chapter, including but not limited to any right to a remedy or means of enforcement shall be deemed contrary to public policy and shall be void and unenforceable.
No covered entity that is a provider of an interactive computer service, as defined in 47 U.S.C. section 230, shall be treated as the publisher or speaker of any personal information provided by another information content provider, as defined in 47 U.S.C. section 230 and allowing posting of information by a user without other action by the interactive computer service shall not be deemed processing of the personal information by the interactive computer service.
No private or government action brought pursuant to this chapter shall preclude any other action under this chapter.
Section 16. Transparency
Covered entities that receive any form of a legal request for disclosure of personal information pursuant to this chapter shall:—
provide the Attorney General and the general public a bi-monthly report containing the following aggregate information related to legal requests received by the covered entity, their affiliated data processors, and any third parties they contracted with:—
The total number of legal requests, disaggregated by type of requests such as warrants, court orders, and subpoenas;
The number of legal requests that resulted in the covered entity disclosing personal information;
The number of legal requests that did not result in the covered entity disclosing personal information, including the reasons why the information was not disclosed;
The type of personal information sought in the legal requests received by the covered entity;
The total number of legal requests seeking the disclosure of location or biometric information;
The number of legal requests that resulted in the covered entity disclosing location or biometric information;
The number of legal requests that did not result in the covered entity disclosing location or biometric information, including the reasons for such no disclosure; and
The nature of the proceedings from which the requests were ordered and whether it was a government entity or a private person seeking the legal request;
take all reasonable measures and engage in all legal actions available to ensure that the legal request is valid under applicable laws and statutes; and
require their affiliate data processors and third parties they contracted with to have similar practices and standards.
Section 17. Non-applicability
This chapter shall not apply to:—
personal information captured from a patient by a health care provider or health care facility or biometric information collected, processed, used, or stored exclusively for medical education or research, public health or epidemiological purposes, health care treatment, insurance, payment, or operations under the federal Health Insurance Portability and Accountability chapter of 1996, or to X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used exclusively to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;
individuals sharing their personal contact information such as email addresses with other individuals in the workplace, or other social, political, or similar settings where the purpose of the information is to facilitate communication among such individuals, provided that this chapter shall cover any processing of such contact information beyond interpersonal communication; or
covered entities’ publication of entity-based member or employee contact information where such publication is intended to allow members of the public to contact such member or employee in the ordinary course of the entity’s operations.
Section 18. Relationship with other laws
Nothing in this chapter shall diminish any individual’s rights or obligations under the Massachusetts Fair Information Practices chapter and its regulations.
Section 19. Implementation
The Attorney General shall:—
adopt, amend, or repeal regulations for the implementation, administration, and enforcement of this chapter;
gather facts and information applicable to the Attorney General’s obligation to enforce this chapter and ensure its compliance;
conduct investigations for possible violations of this chapter;
refer cases for criminal prosecution to the appropriate federal, state, or local authorities; and
maintain an official internet website outlining the provisions of this Act.
Section 20. Severability
Should any provision of this chapter or part hereof be held under any circumstances in any jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision of this or other parts of this chapter.
SECTION 2. Chapter 149 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 203 the following section:—
Section 204. Workplace Surveillance
For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:—
“Information” also referred to as “employee information,” or “employee data”, information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular employee, regardless of how the information is collected, inferred, or obtained.
“Electronic monitoring”, the collection of information concerning employee activities, communications, actions, biometrics, or behaviors by electronic means.
“Employment-related decision”, any decision made by the employer that affects wages, benefits, hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job content, productivity requirements, workplace health and safety, or any other terms and conditions of employment.
“Vendor”, a business engaged in a contract with an employer to provide services, software, or technology that collects, stores, analyzes, or interprets employee information.
“Facial recognition technology” shall have the meaning established in section 220 of chapter 6 of the General Laws, as amended by Chapter 253 of the Acts of 2020.
An employer, or vendor acting on behalf of an employer, shall not electronically monitor an employee unless:—
the electronic monitoring only purpose is to:—
enable tasks that are necessary to accomplish essential job functions;
monitor production processes or quality;
comply with employment, labor, or other relevant laws;
protect the safety and security of employees; or
carry on other purposes as determined by the department of labor standards; and
the specific form of electronic monitoring is:—
necessary to accomplish the allowable purpose;
the least invasive means that could reasonably be used to accomplish the allowable purpose;
limited to the smallest number of employees; and
collecting the least amount of information necessary to accomplish the purpose mentioned in (1).
Notwithstanding subsection (b), the following practices shall be prohibited:—
use of electronic monitoring that either directly or indirectly harms an employee’s physical health, mental health, personal safety or wellbeing;
monitoring of employees who are off-duty and not performing work-related tasks;
audio-visual monitoring of bathrooms or other similarly private areas including locker rooms and changing areas;
audio-visual monitoring of break rooms, lounges, and other social spaces, except to investigate specific illegal activity;
use of facial recognition technology other than for the purpose of verifying the identity of an employee for security purposes; and
any other forms of electronic monitoring such as may be prohibited by the department of labor standards.
Employers shall not require employees to install applications on personal or mobile devices that collect employee information or require employees to wear data-collecting devices, including those that are incorporated into items of clothing or personal accessories, unless the electronic monitoring is necessary to accomplish essential job functions and is narrowly limited to only the activities and times necessary to accomplish essential job functions.
Information resulting from electronic monitoring shall be accessed only by authorized agents and used only for the purpose and duration for which notice was given in accordance with subsection (f).
Employers shall provide employees with notice that electronic monitoring will occur prior to conducting each specific form of electronic monitoring. The notice must, at a minimum, include:—
a description of:—
the purpose that the specific form of electronic monitoring is intended to accomplish, as specified in subsection (b);
the specific activities, locations, communications, and job roles that will be electronically monitored;
the technologies used to conduct the specific form of electronic monitoring;
the vendors or other third parties that information collected through electronic monitoring will be disclosed or transferred to, including the name of the vendor and the purpose for the data transfer;
the organizational positions that are authorized to access the information collected through the specific form of electronic monitoring, and under what conditions; and
the dates, times, and frequency that electronic monitoring will occur;
the names of any vendors conducting electronic monitoring on the employer’s behalf; and
an explanation of:—
the reasons why the specific form of electronic monitoring is necessary to accomplish the purpose; and
how the specific monitoring practice is the least invasive means available to accomplish the allowable monitoring purpose.
The notice mentioned in (f) shall be clear and conspicuous and provide the employee with actual notice of electronic monitoring activities.
A notice that provides electronic monitoring "may" take place or that the employer "reserves the right" to monitor shall not suffice.
An employer who engages in random or periodic electronic monitoring of employees will inform the affected employees of the specific events which are being monitored at the time the monitoring takes place with a notice that shall be clear and conspicuous.
Notwithstanding the previous paragraph, notice of random or periodic electronic monitoring may be given after electronic monitoring has occurred only if necessary to preserve the integrity of an investigation of wrongdoing or protect the immediate safety of employees, customers, or the public.
Employers shall provide a copy of the above notice disclosure to the department of labor standards.
An employer shall only use employee information collected through electronic monitoring to accomplish its purpose, unless the information documents illegal activity.
When making a hiring or employment-related decision using information collected through electronic monitoring, an employer shall:—
not make the decision based solely on such information;
give the affected employee access to the data and provide an opportunity to correct or explain it;
corroborate such information by other means, such as independent documentation by supervisors or managers, or by consultation with other employees; and
document and communicate to affected employees the basis for the corroboration prior to the decision going into effect.
Subsection (k) shall not apply to those cases when electronic monitoring data provides evidence of illegal activity.
SECTION 3. Effective date.
The provisions of this Act shall take effect 12 months after this Act is enacted.
The enforcement of chapter 93L shall be delayed until 6 months after the effective date.
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An Act relative to waste disposal
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H830
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HD895
| 193
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{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-16T17:17:41.893'}
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[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-16T17:17:41.8933333'}]
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Bill
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By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 830) of Steven S. Howitt relative to illegally disposing of certain waste. Environment and Natural Resources.
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SECTION 1. Section 16 of chapter 270 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting at the end thereof, the following words:-
Large waste disposal bags that are at or are exceeding the dimensions of: eight feet in width, two and one-half feet in height, and 4 feet in depth, shall have affixed on its strap handles and siding an identifying serial number. Sellers of such disposal bags shall have a tracking system in place using said serial numbers to ensure proper disposal of waste.
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An Act relative to DCR retained revenue
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H831
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HD1860
| 193
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{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T19:19:05.627'}
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[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T19:19:05.6266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H831/DocumentHistoryActions
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Bill
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By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 831) of Daniel J. Hunt relative to Department of Conservation and Recreation retained revenue. Environment and Natural Resources.
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Section 1. Chapter 133 of the Acts of 2016, in line 12 of item 2810-2042, is amended by inserting after the words "aforementioned fees;" the following: "provided further, that youth permit fees shall not be included in this section".
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An Act relative to Title V approval
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H832
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HD1704
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:12:07.813'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:12:07.8133333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:55:54.0633333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:38:24.7166667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-28T13:03:10.0233333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-02T10:06:18.5066667'}, {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-26T17:05:16.6033333'}]
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 832) of Bradley H. Jones, Jr., and others relative to subsurface systems for the disposal of domestic sewage. Environment and Natural Resources.
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SECTION 1. Section 13 of chapter 21A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the section in its entirety and inserting in place thereof the following:-
Section 13. The commissioner of the department of environmental protection shall adopt, and from time to time amend, regulations to be known as the state environmental code. Any violation of such code, (a) shall be punishable by a fine of not more than twenty-five thousand dollars for each day that such violation occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b), shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each day that such violation occurs or continues. Said code shall become effective and have the force of law as provided in section six of chapter thirty A. Said code shall deal with matters affecting the environment and the well being of the public of the commonwealth over which the department takes cognizance and responsibility including, but not limited to, standards for the disposal of sewage. A duly registered sanitarian or a professional engineer registered in the commonwealth may prepare plans for subsurface systems for disposal of domestic sewage of not more than two thousand gallons per day. Any other plans for a sewage disposal system shall be prepared by a professional engineer registered in the commonwealth. The department shall not require an inspection of a system for the treatment and the disposal of sanitary sewage below the ground surface if the transfer is of residential real property, and is between the following relationships: (1) between current spouses; (2) between parents and their children; (3) between full siblings; (4) where the grantor transfers the real property to be held in a revocable or irrevocable trust, where at least one of the designated beneficiaries is of the first degree of relationship to the grantor; and (5) where the installation of such a system has occurred within the previous three years. Nothing contained in this code shall be in conflict with any general or special law. Notwithstanding the foregoing provisions, nothing in this section or in any rule or regulation shall prohibit the preparation of plans for the repair of subsurface systems for disposal of domestic sewage of not more than two thousand gallons per day by any agent of the owner thereof; provided, however, that such plans are reviewed and approved by the local health authority and by a licensed sanitarian.
With regard to the enforcement of this section, including requirements related to forms utilized by septic system inspectors or local boards of health, the commissioner shall evaluate practices, which would minimize the paperwork burden for individuals, small businesses, contractors, state and local governments and their agents, and strive to ensure the greatest possible public benefit from and maximize the utility of information collected, created, maintained, used, shared and disseminated by or for the purpose of the code and to reduce the number of copies required for official use.
For the purposes of this section, the term “burden” shall mean the time, effort or financial resources expended by persons to generate, maintain or provide information to or for a governmental agency, including the resources expended for: reviewing instructions; acquiring, installing and utilizing technology and systems; adjusting the existing ways to comply with any previously applicable instructions and requirements; searching data sources; completing and reviewing the collection of information; and transmitting or otherwise disclosing the information.
Local boards of health shall enforce said code in the same manner in which local health rules and regulations are enforced but, if any such local boards fail after the lapse of a reasonable length of time to enforce the same, the department may in like manner enforce said code against any violator. The superior court shall have jurisdiction to enforce the provisions of said code and any actions brought to enforce said provisions shall be advanced for speedy trial.
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An Act establishing the commission on extended producer responsibility
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H833
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HD1705
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:13:38.807'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:13:38.8233333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:55:32.77'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:38:44.1566667'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:07:41.2666667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T20:45:51.5333333'}]
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 833) of Bradley H. Jones, Jr., and others relative to establishing a special commission (including members of the General Court) on extended producer responsibility related to the manufacture and post-consumer management of products. Environment and Natural Resources.
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SECTION 1. There shall be a special commission, referred to as the commission on extended producer responsibility, to study and report on implementing extended producer responsibility laws in the commonwealth. The commission shall consist of the secretary of energy and environmental affairs, or a designee; the commissioner of environmental protection, or a designee; 1 member of the department of business development; 3 members of the house of representatives, 2 of whom shall be appointed by the speaker of the house, and 1 of whom shall be appointed by the minority leader of the house; 3 members of the senate, 2 of whom shall be appointed by the senate president, and 1 of whom shall be appointed by the senate minority leader; and 2 members who shall be appointed by the governor.
The scope of the commission shall include, but not be limited to: researching, evaluating, and developing recommendations regarding the economic, environmental, and public health benefits and costs of extended producer responsibility laws related to the manufacture and post-consumer management of products including, but not limited to, the following: leftover paint, electronics, pesticides, household batteries, fluorescent lamps, phone books, carpet, medical sharps, consumer packaging and printed materials, pharmaceuticals, tires and mercury thermostats. The commission shall also research and make recommendations regarding the establishment of a comprehensive product stewardship approach, also known as a framework approach, to create a statewide policy structure for product stewardship that may be applied to an array of products. The commission shall consult with manufacturers, retailers, recyclers, environmental advocacy organizations, local units of government, and other interested parties, and shall provide at least one opportunity for public comment and the public review of the commission’s draft report. The commission report shall include, but not be limited to, summaries of the following: (1) the existing infrastructure for managing post-consumer materials and the need for improvements to make this infrastructure convenient for the public; (2) the need for public education to reach target populations; (3) the need for incentives to change consumer behavior; (4) the current extended producer responsibility laws and pending extended producer responsibility legislation in other new england states and around the country; (5) the common elements of extended producer responsibility laws; (6) the opportunities to maximize the efficiency of extended producer responsibility programs by coordinating with other states in the region; and (7) the methods for evaluating the effectiveness of extended producer responsibility programs.
The commission shall submit its report of the findings and recommendations together with recommendations for legislation to implement those recommendations by filing the same with the executive office of energy and environmental affairs; the department of environmental protection; the department of business development; the joint committee on environment, natural resources and agriculture; and the clerks of the senate and the house no later than 1 year after the passage of this bill.
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An Act relative to ocean acidification
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H834
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HD1723
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:55:24.593'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:55:24.5933333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:50:17.0733333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:43:31.6566667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T17:38:24.2366667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:29:30.0833333'}]
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Bill
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 834) of Bradley H. Jones, Jr., and others relative to ocean acidification. Environment and Natural Resources.
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SECTION 1. Section 26A of Chapter 21 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in line 53, by inserting after the words “coastal landscapes”, the following:- “; ocean acidification projects designed to mitigate harmful impacts of acidity on shelled organisms.
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An Act protecting dogs at boarding kennels and daycare facilities
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H835
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HD253
| 193
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{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-11T13:09:09.577'}
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[{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-11T13:09:09.5766667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-26T15:31:02.6466667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-23T18:02:00.1133333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-07T09:05:35.2666667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:37:06.6033333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-16T23:57:15.7966667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T11:35:12.56'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:37:42.97'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-10T12:18:31.58'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:37:13.4966667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T13:39:17.1766667'}]
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Bill
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By Representative Kane of Shrewsbury, a petition (accompanied by bill, House, No. 835) of Hannah Kane and others for legislation to regulate boarding kennels and daycare facilities for dogs. Environment and Natural Resources.
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Chapter 140 of the General Laws is hereby amended by inserting after Section 174F, the following section:-
174G. The department shall promulgate rules and regulations for boarding kennels and daycare facilities for dogs, including home-based kennels and daycare facilities, including, but not limited to, staff to dog ratios group sizes and supervision, minimum housing and care requirements, indoor and outdoor physical facility requirements, dog handling, insurance, and penalties for violation thereof.
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An Act requiring a Massachusetts Fishermen's Partnership Seat on the seaport economic counsel
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H836
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HD917
| 193
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{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T15:29:37.96'}
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[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T15:29:37.96'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H836/DocumentHistoryActions
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Bill
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By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 836) of Patrick Joseph Kearney for legislation to authorize the Massachusetts Fishermen's Partnership to have a seat on the Seaport Economic Council. Environment and Natural Resources.
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Not withstanding any state law to the contrary, the Massachusetts Fishermen's Partnership shall have a seat on the Commonwealth's Seaport Economic Counsel.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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An Act to open the Massachusetts lobster fishery
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H837
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HD940
| 193
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{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T16:02:38.437'}
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[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T16:02:38.4366667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T17:08:48.4933333'}]
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Bill
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By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 837) of Patrick Joseph Kearney for legislation to authorize commercial lobster fisherman to fish according to their permit for 12 months a year in state waters. Environment and Natural Resources.
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Not withstanding any state law to the contrary, the State of Massachusetts Department of Marine Fisheries shall allow any person with a commercial Commonwealth lobster permit issued to fish according to his/her permit for 12 months a year in state waters as defined by the United Nations Convention on the Law of the Seas (UNCLOS).
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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An Act to protect open space, historical resources, and community housing from coastal threats
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H838
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HD961
| 193
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{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T17:02:24.893'}
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[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T17:02:24.8933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H838/DocumentHistoryActions
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Bill
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By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 838) of Patrick Joseph Kearney for legislation to protect open space, historical resources, and community housing from coastal threats. Environment and Natural Resources.
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SECTION 1. Section 2 of chapter 44B, as appearing in 2020 Official Edition, is hereby amended by striking out the definition "preservation" in line 66 and inserting in place thereof the following definition:-
''Preservation'', protection of personal or real property from injury, harm or destruction, including but not limited to the construction, alteration, or rehabilitation of beaches, dunes, seawalls, and other coastal infrastructure for the purpose of protecting open space, historical resources, or community housing from flooding, sea-level rise, and storm surge.
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An Act relative to recreational shell fishing areas
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H839
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HD977
| 193
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{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T17:40:10.747'}
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[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T17:40:10.7466667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T17:47:33.08'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H839/DocumentHistoryActions
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Bill
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By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 839) of Patrick Joseph Kearney relative to recreational shell fishing areas. Environment and Natural Resources.
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SECTION 1. Section 1 of chapter 130 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 46 after the definition of “Recreational saltwater fishing” the following definition:- “Recreational shell fishing area”, an area designated for the non-commercial taking or attempted taking of shellfish for personal or family use; provided, however, that the shellfish are not sold, traded or bartered.
SECTION 12. Said chapter 130 is hereby further amended by inserting after section 20A the following section:- Section 20B. Cities and towns shall have exclusive jurisdiction of recreational shell fishing areas, including but not limited to safety, monitoring and testing standards for shellfish.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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An Act relative to electronic security for the Commonwealth
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H84
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HD1079
| 193
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{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T10:38:54.253'}
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[{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T10:38:54.2533333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-05-02T08:32:31.9033333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-09-19T06:26:22.94'}]
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Bill
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By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 84) of Marcus S. Vaughn relative to electronic security for certain procurements involving electronic or cyber security equipment components. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Chapter 30B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 24. (a) All contracts, subcontracts or procurements of over $500,000 made by the commonwealth or any of its quasi government agencies or independent agencies involving any electronic or cyber security equipment component, including but not limited to, computers, computer software, electronic and cyber security equipment components used in rail cars and electronic and cyber security equipment components used in wind farms, shall comply with the regulations set forth in the Commerce Control List promulgated by the Federal Bureau of Industry and Security.
SECTION 2. The chief procurement officer shall adopt, and from time to time update, rules and regulations prohibiting the procurement of any equipment and services contained in the Covered List published by the Federal Public Safety and Homeland Security Bureau pursuant to the Secure and Trusted Communications Networks Act, Pub. L. 116-124.
SECTION 3. (a) Any entity that receives grant monies or other funding from the commonwealth shall not purchase or use any electronic or cyber security equipment or component parts produced by entities based in China, including the Chinese Communist Party.
(b) Any entity that receives grant monies or other funding from the commonwealth that owns or uses any electronic or cyber security equipment or component parts produced by entities based in China, including the Chinese Communist Party, shall develop a plan to replace them with electronics or cyber security equipment or component parts that were produced by an entity that is not based in China. The plan shall be filed with the clerks of the house of representatives and the senate no more than 90 days after the enactment of this act.
(c) Any entity required to submit a plan pursuant to subsection (b) shall replace any electronic or cyber security equipment or component parts produced by entities based in China no later than 180 days after the enactment of this act.
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An Act to assure the attainment of greenhouse gas emissions goals in the alternative portfolio standard
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H840
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HD1010
| 193
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{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T19:32:14.567'}
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[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T19:32:14.5666667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:05:02.5966667'}]
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Bill
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By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 840) of Patrick Joseph Kearney and Michelle M. DuBois relative to the use of waste-to-energy municipal solid waste plant technology and forest-derived biomass. Environment and Natural Resources.
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Section 11F½ of Chapter 25A of the General Law, 2020 Official Edition, is hereby amended:
1) In line 16, by striking out the word “biomass”;
2) In lines 16-18 by striking out the phrase “waste-to-energy that is a component of conventional municipal solid waste plant technology in commercial use”;
3) In line 23-25 by striking out the phrase “provided, however, that facilities using biomass fuel shall be low emission, use efficient energy conversion technologies and fuel that is produced by means of sustainable forestry practices;”;
4) In line 33 by inserting after the words, “wood and” the following phrase “; (F) biomass; (G) municipal solid waste;”;
5) In line 33 by replacing the phrase “(F)” with (H)”.
6) In lines 36-37 by striking out the phrase “eligible biomass”;
7) In line 41 by striking out the phrase “eligible biomass”;
8) In line 47 by striking out the phrase “eligible biomass”;
9) In line 50 by inserting after the word, “feasible;”, the following word “and”;
10) In line 50 by striking out the phrase “eligible biomass”;
11) In lines 52-58 by striking out the phrase “; and (v) in consultation with the department of conservation and recreation, for forest-derived biomass, requirements that fuel shall be provided by means of conservation and recreation, for forest-derived biomass, requirements that fuel shall be provided by means of sustainable forestry practices; provided, however, that the department shall adopt any existing or new biomass fuel sustainability standards if deemed appropriate by the department after a public comment process.”.
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An Act relative to a marine special activity license program
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H841
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HD1729
| 193
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{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-18T16:52:45.373'}
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[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-18T16:52:45.3733333'}]
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Bill
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By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 841) of Patrick Joseph Kearney relative to a marine special activity license program. Environment and Natural Resources.
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Chapter 130 of the General Laws is hereby amended by adding the following section:-
Section 107. (a) For purposes of this section, unless the context clearly indicates otherwise, the following terms shall have the following meanings:-
“Attract” or “attraction”, any activity that lures or may lure any marine organism to a person or vessel by using food, bait, chum, dyes, decoys, acoustics or any other means, excluding the mere presence of persons on the water including those persons conducting commercial or recreational fishing activity.
“Harvest”, the catching, taking or molesting of a marine organism by any means whatsoever, followed by a reduction of such organism or part thereof to possession. A marine organism that is caught and immediately returned to the water free, alive and unharmed is not harvested.
“Scientific research”, an activity that uses marine organisms to conduct 1 or more of the following:
(1) Research activity that involves the application of rigorous, systematic and objective procedures of observation, measurement and experiment to obtain reliable and pertinent data using an experimental design, controls and data analysis to test a stated hypothesis.
(2) Monitoring activity that involves making technical and scientific observations as a means of gathering data according to a predetermined study plan.
(3) Restoration activity that facilitates mitigation or recovery of marine organisms and includes subsequent monitoring to measure the success of the restoration effort
“Special activity license” or “license”, a permit for oceanic scientific research described in subsection (b).
(b) The division shall grant special activity licenses for oceanic scientific research, including but not limited to aquaculture or mariculture; scientific, environmental and biological collection and study, assessment or experimentation; collection and possession for education purposes; provided, that if conducting research, study results shall be presented in sufficient detail and clarity to allow for replication, or at a minimum, offer the opportunity to build systematically on findings; provided further, that if conducting monitoring, collected data shall be analyzed to detect physical or biological changes over time in marine organisms, their populations or communities; provided further, that if conducting restoration or mitigation, species such as oysters, corals, sponges, sea fans, sea whips and other marine organisms shall be repaired in the event that the species are damaged and the effectiveness of the restoration or mitigation activity shall be evaluated by subsequent monitoring.
(c) An application for a license shall be reviewed and approved by the director or a designated representative. The director may allow individuals outside of the division to review license applications; provided, that the individuals possess the biological, technical, regulatory and enforcement expertise necessary to appropriately evaluate a requested activity.
(d) The director shall review an application and grant or deny a license based on the following criteria:
(1) eligibility of the applicant;
(2) completeness of information submitted during the application process;
(3) consistency of the requested activities with the license type requested;
(4) degree of compliance with the terms and conditions set forth by a special activity license previously issued to the applicant;
(5) potential impacts of the type, size and method of attraction or harvest gear requested for use;
(6) biological status of the species requested, based on the best available information; provided, that in the absence of stock assessments, the director shall take a risk-averse approach and maintain minimal attraction or harvest levels until such time as the information is available to further evaluate the status of the species;
(7) life history strategies, genetic structure and ecology of the targeted species;
(8) degree of variation from division regulations;
(9) the extent of the requested attraction or harvest beyond the known total annual commercial and recreational attract or harvest of the stock;
(10) established attraction or harvest quotas for the species requested;
(11) locations of proposed attraction or harvest activities and facilities;
(12) intensity of localized attraction or harvest and attraction or harvest frequency;
(13) project specifications and methodologies;
(14) monitoring strategies;
(15) documented experience conducting successful restoration or mitigation activities; and
(16) any additional evaluation criteria specific to the applicable permit.
(e) A special activity license may be issued to:
(1) A principal investigator of a proposed or ongoing scientific research project who is on the faculty or is a student of a college, community college, university or secondary school.
(2) A principal investigator of a proposed or ongoing scientific research project who is affiliated with a marine research institute, laboratory, corporation or organization.
(3) A member of the scientific or technical staff of a marine research institute, laboratory, corporation or organization with demonstrated experience conducting successful restoration or mitigation activities.
(4) A member of the scientific or technical staff of a city, county, state or federal agency.
(5) A member of the scientific or technical staff of a certified aquaculture facility.
(f) (1) There shall be a non-refundable processing fee for a special activity license to be determined annually by the secretary of administration and finance pursuant to section 3B of chapter 7.
(2) An applicant for a license shall complete and submit an application in the form provided by the division.
(g) A special activity license holder shall submit the following to the division:
(1) An activity report detailing all license-related attraction, harvest or sampling activities that resulted in the permanent retention of marine organisms. The activity report shall be a report in addition to any required publications or technical, monitoring or final reports. The activity report shall include: (i) common and scientific names of the marine organisms attracted or harvested, both targeted and incidental; (ii) numbers and sizes attracted or harvested; (iii) locations of attraction or harvest by county; and (iv) disposition of all marine organisms attracted or harvested. The activity report for a license involving prohibited species shall also include the specific attraction or harvesting gear used. If mortality of a prohibited species occurred during attraction, harvest or subsequent possession, the report shall indicate the cause of death if known. If license related activities did not result in the permanent retention or mortality of any marine organism, the license holder shall submit a statement to that effect.
(2) A copy of any publications, technical, monitoring or final reports that were generated as a result of work conducted pursuant to the license. These reports shall include the notation that research was conducted pursuant to a specific license.
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An Act establishing a flood mitigation and preparedness program
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H842
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HD1787
| 193
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{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-18T17:10:25.787'}
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[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-18T17:10:25.7866667'}]
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Bill
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By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 842) of Patrick Joseph Kearney for legislation to establish a flood mitigation and preparedness program. Environment and Natural Resources.
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Section 1. Flood mitigation and preparedness loan or grant program
(a) There shall be established and set upon the books of the Commonwealth a separate fund to be known as the Flood Mitigation and Preparedness Fund into which shall be deposited amounts credited or transferred to the fund by the general court or any other source including, without limitation, federal grants; loan repayments; investment earnings on monies in the fund; and any other amounts required to be credited to the fund by operation of law, resolution or agreement entered into by the Department of Conservation and Recreation. The fund shall be administered by the Secretary of Energy and Environmental Affairs. Monies deposited into the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
(b) Amounts credited to the fund shall be used, without further appropriation, to provide grants or loans to local governmental bodies to:
i. Finance costs or to loan against federal reimbursements to individuals that meet program eligibility by the community, for projects that include, but are not limited to, elevating vulnerable utilities, installation of flood equalization vents, elevating buildings, or any eligible project as defined in Section 3 that is determined to be flood mitigation or wet floodproofing projects and,
ii. Fund all the administrative actions involved in administering this program or any other state or federal mitigation grant or loan programs at the community level whether funding is or is not awarded and,
iii. Fund outreach and education activities within communities that relate to information around programs and projects that are funded within this Act.
Section 2. Definitions
Base Flood Elevation (BFE)—Elevation of flooding, including wave height, having a 1% chance of being equaled or exceeded in any given year.
Community—Any state or area or political subdivision thereof, or any Indian tribe or authorized tribal organization, or authorized native organization, which has the authority to adopt and enforce this standard for areas within its jurisdiction.
Design Flood Elevation (DFE)—Elevation of the design flood, including wave height, relative to the datum specified on the community’s flood hazard map.
Dry Floodproofing—A combination of measures that results in a structure, including the attendant utilities and equipment, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.
Flood- A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties, at least one of which is the policyholder’s property, from:
(i) overflow of inland or tidal waters;
(ii) unusual and rapid accumulation or runoff of surface waters from any source; or
(iii) mudflow; or
(b) collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined in this section.
Floodproofing—Any combination of structural or nonstructural adjustments, changes, or actions that reduce or eliminate flood damage to a structure, contents, and attendant utilities and equipment.
Mitigation— sustained action to reduce or eliminate risk to people and property from hazards and their effects.
Preparedness— a state of readiness to respond to a disaster, crisis or any other type of emergency situation.
Special Flood Hazard Area—Land in the floodplain subject to a 1% or greater chance of flooding in any given year; area delineated on the Flood Insurance Rate Map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE, or V1-30.
Structure—Any building or other structure, including gas and liquid storage tanks.
Structural Elevation— The raising of a vulnerable structure's finished first floor safely at or above the design flood elevation and demolishing or retrofitting the foundation.
Substantial improvement- Any reconstruction, rehabilitation, addition, or other improvement to a structure, the cost of which equals or exceeds 50% of its pre-improvement market value This term includes structures that have incurred substantial damage, regardless of the actual repair work performed.
Wet Floodproofing—Floodproofing method that relies on the use of flood damage-resistant materials and construction techniques in areas of a structure that are below the elevation required by this standard by intentionally allowing those areas to flood
Section 3. Program eligibility
(a) For funding under Section 1 sub paragraph (i), those eligible to receive funding are any buildings defined by the NFIP to be a 1-4 family residence that meet the following criteria:
i. Those properties deemed as Severe Repetitive Losses under the National Flood Insurance Program
ii. Those properties deemed as Repetitive Losses under the National Flood Insurance Program iii. Those deemed as “vulnerable populations” as defined by the Massachusetts Hazard Mitigation and Climate Adaptation Plan as found on page 2-10.
A priority shall be given to those that meet multiple categories of the above eligibility criteria. The secretary shall determine whether the program funds all projects within a community application per award.
(b) For funding under Section 1 sub paragraph ii and iii, those eligible for funding are communities within the Commonwealth of Massachusetts that,
i. Participate in the National Flood Insurance Program, and
ii. Have active and approved Hazard Mitigation Plans, and
iii. Have qualifying structures for eligibility under Section 3 paragraph (a)
Section 4. Program requirements
(a) The secretary shall promulgate rules and regulations for the administration and implementation of this section within the framework of the following requirements for projects under Section 1 paragraph (i):
i. Eligible applicants with eligible projects shall apply to the community where the project resides
ii. The Community shall review applications for program eligibility and program requirements. The Community shall then send applications to the Flood Mitigation Review Board
iii. Any substantially improved funded project shall comply with current state building code. Any funded building retrofit project that does not constitute a substantial improvement but would be defined as wet or dry floodproofing by the NFIP must result in a project that would both:
a. Reduce the premium of an NFIP flood insurance policy, whether in place or placed in the future on the structure and b. Follow state building codes and requirements for the particular parts of the project being completed
No project shall be approved which does not, by judgment of the local code official, reduce flood damage and flood risk to the structure.
iv. Any project which is funded that elevated utilities must require such utilities be elevated at or above the design flood elevation or to the buildings next highest floor, whichever is higher.
v. Projects that are funded shall be inspected by the local code official. The final inspection and signed off completion documents shall be sent no later than 30 days from completion to the Flood Mitigation Review Board for record keeping and tracking purposes.
Section 5. Application process
(a) All applications for funding under Section 1 sub paragraph (i) from individuals meeting program eligibility requirements shall be submitted to the community. The application timeframe shall be September 1st to December 31st annually. The local code official shall review projects to ensure the projects meet program eligibility and program requirements. The community shall, at the end of the application period, review applications for both program eligibility and program requirements. Those eligible applications shall be sent to the Flood Mitigation Review Board for approval and funding.
(b) Applications for funding under Section 1 sub paragraph (ii) and (iii) shall be sent from the community to the Flood Mitigation and Preparedness Review Board for funding. A detailed plan for outreach and education following similar guidance to the Community Rating System’s Program For Public Information shall be followed for funding under Section 1 sub paragraph (iii).
Section 6. Flood Mitigation and Preparedness Review Board
(a) The Flood Mitigation and Preparedness Review Board, an independent body established by the governor, shall review applications submitted by communities to ensure that projects meet the program eligibility and program requirements. The Review Board shall only deem that projects meet these requirements for approval and may only disapprove applications by not meeting project requirements for funding as funding allows in each application period.
(b) Projects that do not meet program eligibility and requirements shall be denied funding by the Review Board. A letter from the Review Board must be sent no later than 90 days from the date that projects are not funded to the Community explaining the reasons. If a project within the Community’s application does not meet program eligibility and program requirements, the Review Board may approve the portions of Community’s application that do meet the program requirements.
(c) The Review Board shall be comprised of the secretary of energy and environmental affairs or a designee, who shall serve as the Board chair, the chair of the state board of building regulation and standards or a designee, the director of the office of coastal zone management or a designee, 2 persons to be appointed by the director of the Massachusetts Emergency Management Agency, 1 of whom shall be a contractor with experience in home elevations and 1 of whom shall be an insurance agent with knowledge in flood insurance and experience in guiding and consulting for mitigation activities, the acting state hazard mitigation officer of the state hazard mitigation team, a licensed lender with knowledge in flood insurance, 203k home loan lending and traditional loans who shall be appointed by the acting state hazard mitigation officer of the state hazard mitigation team, and 3 persons to be appointed by the governor, 1 of whom shall be a representative from a statewide environmental group, 1 of whom shall be a representative of the executive office of energy and environmental affairs with knowledge of climate change adaptation, and 1 of whom shall be a representative from the executive office of public safety and security with knowledge of the federal hazard mitigation grant program and experience with mitigation activities.
Section 7. Time effective
(a) This act becomes effective sixty days following approval by the Governor
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An Act to protect pollinator habitat
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H843
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HD2715
| 193
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{'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-01-13T15:11:47.453'}
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[{'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-01-13T15:11:47.4533333'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-05-03T14:12:39.7133333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-05-03T12:25:25.4233333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-31T16:31:07.5966667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-03T11:02:16.8633333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-30T15:03:51.4466667'}, {'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-02-10T18:29:37.7566667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-09-20T14:42:54.1766667'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-24T17:18:16.8333333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:05:54.3133333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T11:58:50.09'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-04-27T11:30:51.3633333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:22:28.9266667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-05T14:28:12.1533333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-03-01T12:14:34.34'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-03-24T14:25:45.8566667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T12:44:19.56'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T10:40:34.9166667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-09T08:40:06.9433333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-04-11T14:28:40.5333333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-24T00:09:19.6433333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:38:14.67'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-02-03T12:57:15.4733333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-27T13:51:31.7533333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T15:13:47.3033333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-06T15:55:52.7566667'}, {'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-05-16T16:59:17.82'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-30T12:32:03.8633333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T19:54:53.1633333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-20T18:54:21.3966667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-01T13:00:52.07'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T11:54:38.1833333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-06T10:47:00.6933333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-11T11:04:57.0366667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-05-18T14:22:55.26'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-03T10:59:41.6566667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T16:59:49.6066667'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-03-15T22:59:00.5333333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-09-20T15:12:48.6266667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T11:13:01.0066667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T13:28:51.43'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T08:53:33.1566667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T13:21:23.9866667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-06T21:22:26.38'}]
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Bill
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By Representative Keefe of Worcester, a petition (accompanied by bill, House, No. 843) of Mary S. Keefe and others for an investigation by a special commission (including members of the General Court) relative to opportunities for improving pollinator health. Environment and Natural Resources.
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SECTION 1. (a) There shall be a special commission established to study statewide opportunities for improving pollinator health by increasing and enhancing native pollinator habitat.
The commission shall focus on identifying statewide opportunities for enhancing and expanding pollinator habitat in both developed and natural areas such as farm field borders, forest borders, residential areas, parks, urban areas, industrial areas, energy transmission corridors, energy generating facilities and transportation corridors.
The commission shall consider enhancing and expanding pollinator habitat for a broad range of native and managed pollinators including but not limited to wild and managed bees, butterflies, moths, beetles, ants, bats and birds.
The commission shall report its findings, including any proposed legislation, to the house and senate committees on ways and means, and the joint committee on environment, natural resources and agriculture no later than March 1, 2024.
The commission shall consist of 11 members including:
1 member of the house of representatives, without a designating party; 1 member of the senate, without a designating party; the secretary of energy and environmental affairs or a designee, who shall serve as chair; the commissioner of the division of fisheries and wildlife, or a designee; the commissioner of agricultural resources, or a designee; and 6 members appointed by the governor: 1 of whom shall be a university of massachusetts faculty member specializing in the science of pollinator health; 1 of whom shall be a representative of the university of massachusetts extension with knowledge in crops which rely on pollinators and pollinator health; 1 of whom shall represent an advocacy group for farmers; 1 of whom shall be a beekeeper representing a regional or statewide beekeeping organization; 1 of whom shall represent an advocacy group for nurseries; and 1 of whom shall represent a membership based non-profit advocacy group dedicated to land protection.
(b) The special commission shall examine issues relevant to pollinator health, including: (i) identifying current laws and regulations in the commonwealth and other states and countries related to protecting pollinators and pollinator health; (ii) studying public education and outreach plans regarding pollinator habitat that have been successful in other states; (iii) identifying adequacy of funding for efforts to promote or protect pollinator habitat; (iv) investigating the means used by other states to gather data on populations of pollinators; (v) evaluating existing best management practices for promoting pollinator health including, but not limited to, foraging and proper food source diversity; (vi) studying the use of agricultural and nonagricultural lands, such as transportation corridors, energy transmission corridors, parks, and working forests, and how they may be used to provide pollinator forage and unique opportunities to increase pollinator populations; (vii) research and identify ways to expand and coordinate public education programs outlining steps individuals and businesses can take to help address the loss of pollinator habitat.
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An Act relative to right of entry to prevent environmental violations
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H844
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HD2589
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{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T14:49:29.167'}
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[{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T14:49:29.1666667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-04-19T14:50:18.4666667'}]
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Bill
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By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 844) of Meghan Kilcoyne relative to right of entry of solid waste disposal facilities to prevent environmental violations. Environment and Natural Resources.
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SECTION 1. Section 150A of the Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first sentence in the twenty-first paragraph the following sentences:-
Personnel or authorized agents of the department may at all reasonable times enter any premises, public or private, for the purpose of investigating, sampling or inspecting any records, condition, equipment, practice or property relating to activities subject to this section, and may at any time enter such premises for the purpose of protecting the public health or safety, or to prevent damage to the environment. For the purposes of such entries no warrant shall be required provided, however, that upon demand by the owner or person in control of such premises, a warrant authorizing such entry and inspection shall be sought after such demand. Any court, judge, or justice authorized to issue warrants in criminal cases may issue such warrants.
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An Act establishing an ecologically-based mosquito management program in the Commonwealth to protect public health
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H845
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HD1412
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{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-13T10:18:39.533'}
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[{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-13T10:18:39.5333333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-08-11T08:48:51.5233333'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T12:01:44.6633333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:37:52.02'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T12:30:50.2933333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-23T17:41:09.7633333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:30:40.3933333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-06T15:57:46.9733333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T15:21:11.7166667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T20:36:52.2033333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-20T18:59:21.92'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T13:04:43.3733333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-10-04T11:46:58.61'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-10T11:31:30.7533333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T20:18:31.5266667'}]
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Bill
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By Representative LaNatra of Kingston, a petition (accompanied by bill, House, No. 845) of Kathleen R. LaNatra and others relative to establishing an ecologically-based mosquito management program in the Commonwealth to protect public health. Environment and Natural Resources.
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SECTION 1. Section 2 of chapter 21A of the General Laws is hereby amended by inserting after paragraph 30 the following paragraph:- (31) consistent with their statutory responsibilities, implement the ecologically-based mosquito management program established pursuant to Chapter 252A.
SECTION 2. Chapter 252 of the General Laws is hereby repealed.
SECTION 3. The General Laws are hereby amended by inserting after chapter 251 the following chapter:
CHAPTER 252A. ECOLOGICALLY-BASED MOSQUITO MANAGEMENT.
Section 1. As used in the chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
“Adulticiding”, the use of pesticides intended to kill adult mosquitoes.
“Biodiversity survey”, an accounting of the diversity, evenness, and richness of species relevant to mosquito management in a given area.
“Board”, the mosquito management board under section 4.
“Breeding history”, the level of larval and adult mosquito abundance in a given area.
“Council”, the governing body of a mosquito management district under section 7.
“Disease vector”, any species of mosquito which contributes to the amplification or transmission of any disease, including Eastern Equine Encephalitis or West Nile Virus, among human or non-human populations by injection of salivary gland fluid during biting.
“District”, a mosquito management district under section 7.
“Ecologically-based mosquito management” or EBMM, an ecologically sustainable approach to the management of mosquito populations combining cultural, physical, biological, and, when strictly necessary to protect public health, least-toxic chemical control strategies. EBMM prioritizes preventative measures, including surveillance, monitoring, and public education on eliminating breeding sites and taking personal protective action. EBMM involves the selection, integration, and implementation of mosquito control strategies based on predicted ecological, epidemiological, and economic consequences. EBMM seeks maximum use of naturally occurring mosquito controls, including weather, disease agents, predators, and parasitoids. In addition, EBMM utilizes various biological and physical controls and habitat modification techniques. Under EBMM, chemical controls are imposed as a last resort and only as required to keep a pest from surpassing tolerable population levels predetermined from accurate assessments of the ecological, public health, and economic costs of the control measures.
“Ecologically-based mosquito management plan” the long term plans developed by the mosquito management board and councils under sections 5 and 8.
“EEE”, Eastern Equine Encephalitis.
“Habitat manipulation”, an approach to reducing mosquito abundance by naturally altering the landscape. Habitat manipulation aims to create unfavorable conditions for mosquito populations, and favorable conditions for mosquito predators.
“Habitat quality”, the ability of the environment to provide conditions appropriate for the persistence of mosquito predators at the individual and population level.
“Larviciding”, the use of pesticides intended to kill larval or pupal mosquitoes.
“Low impact development”, development that incorporates best management practices to reduce impervious surfaces; preserve natural vegetation, soils, and hydrology; and reduce stormwater volumes and pollution. Low impact development practices include, but are not limited to, project designs that reduce the amount of impervious cover and retain natural drainage patterns. Low impact development practices are designed to infiltrate water into the ground or disperse it slowly through vegetation, avoiding ponding or other water retention that may create mosquito habitat.
“Nuisance”, mosquitoes which may cause irritation or discomfort to humans, but do not pose and are not expected in the immediately predictable future to pose a significant risk to public health.
“Pesticide”, a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; provided, that the term “pesticide” shall not include any article that is a “new animal drug” within the meaning of section 201(w) of the federal food, drug and cosmetic act (21 U.S.C. Section 321 (v)), or that has been determined by the secretary of the United States Department of Health and Human Services to be a new animal drug by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of section 201(x) of such act (21 U.S.C. Section 321(w)).
“PFAS”, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
“Secretary”, the secretary of the executive office of energy and environmental affairs.
“Sentinel species”, an animal species that may contract an arbovirus before the arbovirus spreads to the human population, or a species in which an arbovirus outbreak may be more widespread than it is in the human population. A sentinel species may serve as an indicator of the presence of the arbovirus in area mosquito populations.
“Source reduction”, a method of managing mosquitoes that relies on reducing or eliminating the ability of larval habitats to support the development of larvae, including removal of artificial sources of standing, stagnant water or the restoration of natural flows and wetland systems to improve access by predators, water quality, and overall aquatic health.
“Wetlands or wildlife ecologist”, an expert with a master’s or doctorate degree in wetland ecology, wildlife ecology, or a closely related field of ecological study.
Section 2. When it is necessary for the purpose of protecting public health or for other purposes to control or abate mosquitoes or greenhead flies, measures shall be taken as specified in this chapter. Nothing in this chapter shall prohibit a municipality from conducting its own mosquito or greenhead fly management program, except that no municipality shall conduct aerial spraying of adulticides or larvicides. Nothing in this chapter shall prohibit any resident from controlling or abating mosquitos or greenhead flies on his or her property.
Section 3. There is hereby established within the executive office of energy and environmental affairs a mosquito management office that shall be administered by the secretary. The secretary shall appoint all necessary employees within the mosquito management office, except as may be otherwise provided by law. The secretary shall direct the mosquito management office, consistent with state law and policies and directives of the board, to adopt, and from time to time amend, rules, regulations, procedures, standards, guidelines, and policies that shall constitute the Massachusetts ecologically-based mosquito management program.
Section 4. (a) There shall be in the mosquito management office a mosquito management board. The function of the board shall be to regulate and oversee all disease vector mosquito and related nuisance organism management activities in the commonwealth; to prepare an ecologically-based mosquito management plan and a state emergency arbovirus response plan; to review and certify ecologically-based mosquito management plans submitted by councils; to create policies and procedures for ecologically-based mosquito management to control vector-borne diseases; to authorize and carry out investigations and keep records; to carry out mosquito management programs in areas of the commonwealth outside of any mosquito management district; and to develop policies and procedures to insure that all mosquito management activities comply with the intent of section 5 of chapter 40; sections 1 through 63, inclusive, of chapter 91; section 105 of chapter 130 and sections 40 and 40A of chapter 131 as applicable; provided, however, the usual and customary activities associated with the state emergency arbovirus response plan or the ecologically based mosquito management plan of the state or of a council, as certified, shall not require filings or hearings under section 40 of chapter 131, but rather simple notice to the conservation commission of a municipality of proposed actions in any regulated wetland; and to carry out all other powers and functions granted to the board by this chapter.
(b) The board shall consist of (1) the following members or their designees: the commissioner of the department of environmental protection, who shall serve as chair; the commissioner of the department of public health; the commissioner of the department of agricultural resources; the commissioner of the department of fish and game; the director of the natural heritage and endangered species program of the division of fisheries and wildlife; and the director of the division of ecological restoration of the department of fish and game. (2) the following 5 members designated by the secretary: one person representing a statewide land conservation organization or a regional or statewide river protection organization; one person representing beekeepers; one person representing groups concerned about native pollinators; an expert in pesticides and mosquito control and an ecological risk assessor with a background in ecotoxicology. Each of these five designated members shall be designated for a term of four years, except for persons designated to fill vacancies, who shall serve for the unexpired term. Any member appointed under this clause shall be eligible for reappointment, so long as no specific member shall serve for more than 2 terms.
(c) The board members shall receive no additional compensation for service on the board, but shall be entitled to their reasonable traveling and other expenses incurred in the performance of their duties. The board may draw staff support from the departments represented with the consent of the respective commissioners.
(d) The board shall meet at the call of any 2 members or at the call of the board chair, but not less than 6 times annually. The board may elect a secretary and other officers as it finds necessary.
(e) The board may purchase, lease, or rent equipment and supplies to be used in performance of the board’s duties and to facilitate the ecologically-based management of mosquitoes. Such supplies may be made available to councils by petition to the board, but shall remain the property of the board.
(f) No member of the board shall have current or reasonably foreseeable conflicts, as defined by chapter 268A.
Section 5. (a) The board shall prepare a state ecologically-based mosquito management plan. Any action taken under this chapter shall be included in the state plan, in a district plan certified by the board pursuant to section 8, or in the state emergency arbovirus response plan pursuant to section 9. Before adoption of the state ecologically-based mosquito management plan, a public hearing shall be held by the board in each mosquito control district. The state ecologically-based mosquito management plan shall prioritize preventive action and non-pesticide control measures and shall include the management activities under this section.
(b) (1) The state ecologically-based mosquito management plan shall establish a public education and outreach campaign aimed at informing residents and businesses how to reduce mosquito breeding sites in and around their properties and the community at large, preventive measures individuals can take to protect themselves, and proper use of larvicides. The campaign shall be overseen by the board, with assistance from mosquito management councils. (2) The public education and outreach campaign shall inform residents of how mosquito-borne diseases are transmitted and the difference between nuisance and disease vector mosquitoes, inform residents of the environmental and health hazards associated with mosquito adulticides and larvicides, and advise residents how they can opt-out of adulticide applications. The public education and outreach campaign may include, but mot be not limited to, the following methods of public outreach: (i) a publicly accessible website and social media pages; (ii) campaign branded pamphlets, infographics, and fact sheets; (iii) public meetings and open houses; (iv) videotaped and digital presentations; (v) advertisements in public spaces; (vi) local public access television or other local media sources; (vii) inserts in utility bills; (viii) posting on the apiary program website of the division of agriculture resources; and (ix) in-state registration notifications for pesticide applicators.
(c) (1) The state ecologically-based mosquito management plan shall establish a program for trapping adult mosquitoes. Within mosquito management districts, trapping shall be overseen by the mosquito management councils. In areas of the commonwealth not within mosquito management districts, the board shall oversee trapping and testing of adult mosquitoes, pursuant to section 6. (2) Trapping shall occur during a time period corresponding with mosquito activity. The acting authority, whether the board or a mosquito management council, may, at its own discretion, change these dates based upon climatic conditions or other outstanding factors. Traps shall be placed at locations based on risk of disease spread. Mosquito counts from mosquito traps shall be recorded at regular intervals in a publicly accessible location, such as the board or council’s website. (3) Trapped mosquitoes may be tested for the following mosquito-borne diseases: (i) West-Nile Virus; (ii) Eastern Equine Encephalitis; (iii) Jamestown Canyon Virus; or (iv) other arboviruses of local or regional concern. (4) Based on positive findings of a mosquito-borne disease in tested mosquitoes, or at the discretion of the board, the board may test sentinel host species for the presence of mosquito-borne disease.
(d) (1) The state ecologically-based mosquito management plan shall establish a program for monitoring and mapping larval breeding sites. Within mosquito management districts, monitoring and mapping shall be overseen by the mosquito management councils. In areas not within mosquito management districts, the board shall oversee monitoring and mapping, pursuant to section 6. (2) The acting authority, whether the board or a mosquito management council, shall oversee the creation of a map of larval mosquito breeding sites within the commonwealth or mosquito management district that classifies breeding sites based on habitat quality and breeding history. The following classifications may shall be used: (i) Low quality ecological habitat and low breeding history; (ii) High quality ecological habitat and low breeding history; (iii) Low quality ecological habitat and high breeding history; and (iv) High quality ecological habitat and high breeding history. (3) The acting authority shall monitor larval mosquito populations on a regular interval using a diptest. Particular attention is to be paid to sites where known vector mosquitoes breed, and sites with low quality ecological habitat and high breeding history. The monitoring period shall correspond with mosquito activity in the area monitored. The acting authority may, at its own discretion, change these dates based upon climatic conditions or other outstanding factors. The map of larval mosquito breeding sites, their classification, and larval monitoring data shall be maintained in a publicly accessible location, such as the board or council’s website. (4) The acting authority shall regularly conduct an ecological analysis and biodiversity survey in mosquito larval breeding sites. Such a survey shall be conducted in consultation with a wetlands or wildlife ecologist. The acting authority shall work with the wetlands or wildlife ecologist to classify breeding sites based on habitat quality and breeding history, using the classifications listed in subsection (2) to characterize ecological health in the context of mosquito abundance and mosquito-borne disease transmission in the area. The assessment shall aim to further develop non-pesticidal management approaches to reduce mosquito populations. (5) The acting authority shall make all data and analysis analyses under this section available in a publicly accessible location, such as the board or council’s website within 10 business days of acquiring data, and completing analyses, classifications, and plans.
(e) (1) The state ecologically-based mosquito management plan shall employ source reduction and wetlands restoration as the preferred methods of managing mosquito populations. Within mosquito management districts, source reduction and wetlands restoration shall be overseen by the mosquito management councils in coordination with a wetlands or wildlife ecologist. In areas of the commonwealth not within mosquito management districts, the board shall oversee source reduction and wetlands restoration, pursuant to section 6. (2) Source reduction may include, but not be limited to, removal of tires, trash, abandoned containers or structures, and other sources of artificial standing water, and water management strategies to avoid and eliminate artificially created mosquito breeding areas such as use of low impact development techniques for stormwater management. (3) Wetlands restoration shall be designed to restore natural flows, improve water quality and fish access, mosquito predator access, and increase overall wetland ecosystem diversity and function. Wetlands restoration may include, but not be limited to, upgrading culverts, removing dams, and otherwise restoring degraded wetlands. All wetlands restoration must comply with applicable federal, state, and local laws. The state ecologically-based mosquito management plan shall include the involvement of local conservation commissions and the division of ecological restoration in wetlands restoration projects.
(f) (1) The state ecologically-based mosquito management plan shall provide for the mitigation activities described in this subsection. Within mosquito management districts, mitigation activities shall be overseen by the mosquito management councils. In areas of the commonwealth not within mosquito management districts, the board shall oversee the provision of these mitigation activities, pursuant to section 6. (2) (i) The state ecologically-based mosquito management plan shall establish scientifically based and quantifiable thresholds for larvicide use and shall provide for the application of larvicides based on the monitoring of breeding sites. Particular attention is to be paid to sites where known vector mosquitoes breed, and sites with low quality ecological habitat and high breeding history. (ii) Larvicides shall not be used to manage nuisance mosquito populations and may be used only when source reduction and wetlands restoration have not been effective in abating disease risk. When applying larvicides, the applying authority, whether the board or a mosquito management council, shall select the larvicide that poses the least risk to human health and the environment, while remaining effective. Preference is given to larvicides that are certified by the Organic Materials Review Institute or classified under the Environmental Protection Agency’s minimum risk pesticide program. (iii) Aerial application of any larvicide is prohibited. (3) (i) The state ecologically-based mosquito management plan shall provide that mosquito adulticides are considered the most dangerous and least effective method of reducing nuisance and vector mosquito populations. Adulticides shall not be used to manage nuisance mosquito populations, and shall only be considered following the detection of a mosquito-borne pathogen in mosquito or sentinel species. (ii) The state ecologically-based mosquito management plan shall establish scientifically based and quantifiable thresholds for adulticide use based on the risk of mosquito-borne disease transmission. (iii) Following the detection of a mosquito-borne pathogen in an adult mosquito or sentinel species, the acting authority, whether the board or a mosquito management council, shall take the following actions: (A) notify the public and increase public education and outreach, emphasizing personal protection measures; (B) begin or increase the trapping of adult mosquitoes in the area of detection; (C) begin or increase larval monitoring and management in the area of detection; (D) prioritize further testing for mosquito-borne diseases in the area of detection; and (E) consider non-pesticidal management approaches to reduce mosquito populations in the area of detection. (iv) Following the detection of a mosquito-borne pathogen in an adult mosquito or sentinel species, if the established threshold has been met, the acting authority may consider the ground application of adulticide using a backpack applicator, provided that the backpack-applied adulticide application occurs only within the immediate area of detection and the backpack-applied adulticide is the least toxic adulticide available. Preference shall be given to adulticides that are certified by the Organic Materials Review Institute or classified under the Environmental Protection Agency’s minimum risk pesticide program. (v) If monitoring and trapping data indicate a broader concern of mosquito-borne disease in the community, and education, prevention, habitat manipulation, larviciding, and backpack-applied adulticiding have all been attempted and determined insufficient to address an immediate threat to public health from mosquito-borne disease, the acting authority may, based on alignment with an established threshold, consider the truck-mounted ground application of a mosquito adulticide, provided the application occur within the most limited area possible to achieve effective reduction in adult vector mosquitoes. If necessary to protect public health, the truck-applied adulticide need not be certified by the Organic Materials Review Institute or be classified under the Environmental Protection Agency’s minimum risk pesticide program, but it shall be the least toxic adulticide that will be effective in mitigating disease risk. (vi) The acting authority shall increase monitoring and trapping following the application of a mosquito adulticide, and shall work with a wetlands or wildlife ecologist to characterize the impacts adulticide use had on the ecological health of the habitat where the adulticide was applied. (vii) Aerial application of any adulticide is prohibited. (viii) Any application of a mosquito adulticide shall be performed by a certified pesticide applicator.
(g) (1) The ecologically-based management plan shall include: (i) a determination by the Natural Heritage and Endangered Species Program in the department of fish and game that the plan proposed will result in no alteration, as defined under chapter 131A, to any priority habitat or take of rare, threatened, endangered, or species of special concern state or federally listed species; and (ii) reasonable measures by the board to assure that the plan proposed will avoid hazardous effects on human health and the environment, including effects to soils, sediments, surface waters, groundwater or any ocean sanctuary under sections 13 through 16 and 18 of chapter 132A. (h) The board shall review and revise the state ecologically based mosquito management plan whenever useful or necessary, but no less frequently than every 3 years.
Section 6. (a) (1) In carrying out the provisions of this chapter, the board may employ necessary engineers, scientists, assistants, or other agents, who may enter on premises that the board desires to survey or examine. The board may provide technical assistance to any council in the development and implementation of an ecologically-based mosquito management program. (2) The board shall carry out field investigations and other determinations of the need, method, and procedures for managing mosquitoes as deemed advisable, including all significant potential health and environmental impacts of the proposed management measures. Board members and their agents are authorized to enter or examine at any reasonable time those premises which the board considers necessary to carry out its responsibilities.
(b) (1) The board shall provide a menu of services to municipalities that are not members of mosquito control districts, with reasonable fees for each service selected by the municipality. This menu shall include public education and outreach, surveillance of adult mosquitoes, monitoring and mapping of larval breeding sites, source reduction and wetlands restoration, and larviciding and adulticiding services, subject to the state ecologically-based mosquito management plan. (2) A municipality may opt in to receiving any of the services under clause (1) by approval of its legislative body and notification to the board and the municipality’s conservation commission. In opting in to larviciding or adulticiding services, a municipality may impose additional restrictions not included in the state ecologically-based mosquito management plan on the timing, location, or manner of application of larviciding or adulticiding. A municipality that has opted in to receiving any service may opt out at any time by approval of its legislative body. The fee charged for each service shall pay the full cost of the service. Any funds received for this purpose in excess of those required to provide the requested services shall be returned to the purchasing municipality. At least once per year, or more frequently if requested by a municipality, the board shall provide each municipality an accounting of the fees charged to the municipality that year. (3) All amounts for which a municipality may be liable in connection with the above may be contributed by persons or bodies politic benefited by the services in proportion to their respective benefits or otherwise.
Section 7. (a) Any municipality or 2 or more municipalities, may, by obtaining certification of the board, become a mosquito management district. The district shall be titled the mosquito management district. Notice of the formation of a district must be filed with the secretary of state and the board with a description of the proposed boundaries of the district.
(b) A council shall be established for each district and shall be called the mosquito management council. The council is declared to be the corporate authority of the district and shall exercise all the powers and control all of the affairs and property of the district. Any mosquito management council shall be composed of at least 5 members, all of whom must either live or work in the district. The members of the council are to be appointed by the mosquito management board and shall comprise: 1 person who represents an environmental protection or conservation organization or a municipal conservation commission; 1 person who is a member of a municipal board of health or a health care provider; 1 person who represents the executive office of a municipality; and 2 citizens at large preferably with some background in engineering, law, chemistry, biology, or any other experience or education that would have relevance to mosquito control and management.
(c) The mosquito management board shall monitor the operations of the councils and shall require adherence to this act and to each council's certified ecologically-based mosquito management plan.
(d) (1) Each district council shall appoint a superintendent who shall be a person of skill and experience or knowledge in the field of mosquito management and who shall be committed to the use of ecologically-based mosquito management. The district superintendent, with the approval of the council, shall be empowered to hire sufficient staff and employees and purchase materials to fulfill the requirements of the council's certified ecologically based mosquito management plan. Employees and staff of the council shall not be subject to the provisions of section 9A of chapter 30, and chapter 31. (2) The superintendent shall keep regular records of all proceedings and financial affairs, which shall be open to inspection by the board or by the council at all times; and by the public at reasonable hours. The council shall have ultimate responsibility for the efficient financial and sound environmental management of the district and shall be required, at the discretion of the board, to audit its finances and submit said audit to the board for its review and oversight.
(e) The federal government, the commonwealth or its municipalities, or their administrative agencies, not members of a mosquito management district, may request mosquito or greenhead fly management services from the district, which the council may provide at a fee, which shall pay the full cost of the mosquito or greenhead fly management services. The recipient of the services shall pay the full fee. Any funds received for this purpose in excess of those required to provide the requested services shall be returned to the purchaser.
(f) (1) The council shall provide a menu of services to participating municipalities, with reasonable fees for each service selected by the municipality. This menu shall include public education and outreach, surveillance of adult mosquitoes, monitoring and mapping of larval breeding sites, source reduction and wetlands restoration, and larviciding and adulticiding services to all municipalities within the district, subject to the district’s certified ecologically based mosquito management plan. (2) A municipality may opt in to receiving any of the above services by approval of its legislative body and notification to the council and the municipality’s conservation commission. In opting in to larviciding or adulticiding services, a municipality may impose additional restrictions not included in the district ecologically based mosquito management plan on the timing, location, or manner of application of larviciding or adulticiding. A municipality that has opted in to receiving any service may opt out at any time. The fee charged for each service shall pay the full cost of the service. Any funds received for this purpose in excess of those required to provide the requested services shall be returned to the purchasing municipality. At least once per year, or more frequently if requested by a municipality, the council shall provide each municipality an accounting of the fees charged to the municipality that year. (3) All amounts for which a municipality may be liable in connection with the receipt of services under this section may be contributed by persons or bodies politic benefited by the services in proportion to their respective benefits or otherwise. (4) The cost of district services may be shared by the board if the board deems, and in proportion as the board determines, that the service is in the larger interest of the commonwealth.
Section 8. (a) Within 90 days from the formulation of the board's ecologically-based management plan, or from the establishment of a district, the council shall develop and submit to the board an ecologically-based mosquito management plan. The district's ecologically-based plan shall be constituted either by adopting the board's ecologically-based mosquito management plan, or the board's plan with modifications. The district’s ecologically-based plan shall not authorize the use of adulticides, larvicides, or other pesticides when such use is prohibited by law or by the state ecologically-based mosquito management plan. The board shall be allowed 30 days to approve, disapprove, or modify the district's plan. If the board disapproves or requires amendment of the plan submitted by the council, the council shall have 30 days to make those amendments and resubmit the plan to the board for certification. In disapproving or requiring amendment of the plan submitted by the council, the board shall clearly state the areas of the plan that were deficient and what the deficiencies of the plan were. The plan shall be adopted for the district upon certification by the board. Thereafter the plan shall be reviewed, amended if necessary, and submitted for recertification no less than every 3 years, or more frequently if the council chooses.
(b) With the prior written certification of the board of the district's ecologically-based mosquito management plan, as provided for in this section, the council shall have the power to take all necessary or proper steps for the management of mosquitoes within the district subject to the provisions of this chapter; to purchase supplies and materials and to employ labor, assistants, scientists, or consultants as may be necessary or proper in furtherance of the objectives of the same; and generally to do all things, subject to the provisions of this chapter, necessary or incident to powers hereby granted and to carry out the objectives specified herein.
(c) (1) Any action taken under this chapter shall be included in the district’s ecologically-based mosquito management plan. Before adoption of a district ecologically-based mosquito management plan, a public hearing shall be held by the council. A hearing required by a federal, state, or municipal agency on the program shall be sufficient for purposes of this section. In addition to the details of management activities the ecologically-based management plan shall include: (i) A determination by the Natural Heritage and Endangered Species Program in the department of fish and game that the plan proposed will result in no alteration, as defined under chapter 131A, to any priority habitat or take of rare, threatened, endangered, or species of special concern state or federally listed species; and (ii) reasonable measures by the council to assure that the plan proposed will avoid hazardous effects on human health and the environment, including effects to soils, sediments, surface waters, groundwater or any ocean sanctuary under sections 13 through 16 and 18 of chapter 132A.
Section 9. (a) The board shall complete an emergency arbovirus response plan to be exercised by the commissioner of the department of public health under this section. The emergency response plan shall specify scientifically based and quantifiable thresholds for determining the existence of an ongoing arbovirus public health emergency. The emergency arbovirus response plan shall specify the mosquito management measures to be used in case of an ongoing arbovirus public health emergency and shall specify procedures for coordination among state agencies, municipal governments, the board, and the mosquito management districts. The emergency arbovirus response plan shall not authorize the aerial application of any adulticide or larvicide.
(b) Before adoption of the emergency response plan, a public hearing shall be held by the board in each of the existing mosquito control districts. The emergency response plan shall be reviewed and revised whenever useful or necessary, but no less than every 3 years.
(c) The state emergency response plan shall be exercised only after a public health emergency is declared by the governor of the commonwealth on the recommendation of the commissioner of the department of public health and the board that the thresholds of the emergency response plan have been met. Such recommendation shall be accompanied by a public document detailing the evidence and the basis for the judgment that a public health emergency exists, the target organism, the expected management agents or chemicals and procedures to be used, and the areas to be so treated.
(d) Following a declaration of a public health emergency by the governor of the commonwealth, the emergency response plan shall be exercised by the commissioner of the department of public health. The board and the district councils shall act under the direction of the commissioner of the department of public health during the state of public health emergency. The costs incurred by the board or any councils due to the exercise of the emergency response plan shall be paid by the commonwealth.
(e) The state of public health emergency shall be terminated automatically after 60 days, or by a declaration by the governor of the commonwealth. If the public health emergency is not resolved within 60 days, a subsequent declaration of public health emergency may be made, pursuant to the requirements of this section for making such declaration.
(f) In exercising the emergency arbovirus response plan, the notification and opt-out provisions of sections 10 and 11 shall continue to apply.
(g) (1) Following any declaration of an arbovirus public health emergency under this section and within 30 days after termination of the emergency, the commissioner of the department of public health shall complete and make available on the department’s website for the public record a report of actions taken during the emergency, including, at a minimum: (i) the target organism or organisms, their estimated population size, records of EEE or other mosquito-borne disease prevalence and infection rate, rainfall and temperature data, and an analysis of the geographic patterns indicated by these data, both prior to and following management activities; (ii) agents, chemicals, or source reduction activities used in the treatment, and times, rates and means of application; (iii) records of incidence of EEE or other mosquito-borne diseases and the effectiveness of the treatment in preventing the disease or diseases, the total number of confirmed human cases of EEE or other mosquito-borne diseases, the total number of horses and other animals confirmed as having been affected by EEE or other mosquito-borne diseases, the number of deaths in humans and other animals, the kinds of illness and disabilities, noting term and nature of sickness, recuperation, and rehabilitation in humans; (iv) effects of the treatments on soils and water, and on flora and fauna of the areas treated including pesticide incidents reported to apiary program of the division of agriculture resources and at their apiary and pesticide locator map and other areas affected; (v) maps of the area treated with indications on the maps of localities treated; and (vi) any recommendations for changes in regulations or procedures for future interventions. All actions taken under the authority of this section shall be designed to protect public health while minimizing any adverse effect to the environment.
Section 10. (a) At least 72 hours prior to the application of any adulticide, the authority overseeing such application, whether the board, a district council, or the commissioner of the department of public health, shall provide notice of the methods to be employed, including: the product to be applied; the locations, dates, and times of application; and any health risks and adverse environmental impacts associated with the product.
(b) Notice shall be provided to all residents within ½ mile of the planned adulticide application. Notice shall be provided through, at a minimum, any municipal emergency notification or community alert service, such as “CodeRED,” announcements in local newspapers or other press, and the website and social media feeds of the affected municipalities. Direct notice shall also be provided to: (i) the executive office of the affected municipality or municipalities; (ii) appropriate local and regional boards and commissions, including boards of health and conservation commissions; (iii) schools, child care centers, and school age child care programs within ½ mile of the planned adulticide application; (iv) property owners within ½ mile of the planned adulticide application who have opted out of spraying based on exclusions pursuant to applicable regulations governing pesticide application; (v) agricultural entities including beekeepers, cranberry growers, certified organic farms and aquaculture facilities within ½ mile of the planned adulticide application; and (vi) any other person within ½ mile of the planned adulticide application who informs the board through a form made available on the board’s website that they wish to be informed of adulticide spraying in their region.
(c) Notice shall include, or direct recipients to the online location of, an educational fact sheet about the planned spraying, including the adulticide’s label and Material Safety Data Sheet, further information about the risks posed by the adulticide, specific precautions residents may take to avoid exposure to the adulticide or deposition of the adulticide on sensitive private property, including gardens and children’s play equipment, as well as personal protective measures and other preventative actions residents can take to reduce mosquito-borne disease transmission.
(d) If adulticide application must be postponed due to weather conditions, notice provided before application shall remain in effect for 48 hours following the improvement of such weather conditions if postponement of spraying would extend beyond the dates indicated in the initial notice; provided, however, that, to the extent reasonably possible, the board shall make a good faith effort to inform the public of any changes to the application schedule.
Section 11. (a) The board shall maintain a “no spray list” and provide an online form on its website allowing residents to opt out of the application of adulticides. Residents on the “no spray list” shall be notified via reasonable means that they are on the list, and shall be reminded each year following, via reasonable means, that they remain on the “no spray list.”
(b) State registered beekeepers and certified organic farms shall be automatically placed on the “no spray list”, and shall be notified through reasonable means that they are on the list.
(c) Residents on the “no spray list” shall not have an adulticide applied within 300 feet of their property line.
(d) Any municipality may opt out of adulticide application conducted under section 9 by approval of its legislative authority, provided that the municipality opts in to receiving public education and outreach and surveillance of adult mosquitoes from either the board or a mosquito management district.
Section 12. Each year, the board and each council shall work alongside a wetlands or wildlife ecologist and other relevant experts to review the effectiveness of the board or council’s mosquito control program and publish the findings in a report. The report shall include successes and failures of the past year; a survey of the experience of state registered beekeepers and certified organic farms; records of the location, rates, and time of application of any chemical or biological pesticides applied that year; and additional steps the board or council will consider to further reduce reliance on pesticide use and improve local ecological capacity to naturally manage nuisance and vector mosquitoes. Findings in the report are to be made available in a publicly accessible location, such as the board or council’s website.
Section 13. (a) A district council that determines it is necessary to control greenhead flies within the district shall create a greenhead fly management plan. The plan shall specify the monitoring and mitigation activities that will be undertaken to control greenhead flies. The plan shall specify how the costs of controlling greenhead flies are to be allocated among the member municipalities of the district. All greenhead fly control activities shall be carried out according to the district’s plan.
(b) Before adoption of a district greenhead fly management plan, a public hearing shall be held by the council. A hearing required by a federal, state, or municipal agency on the program will suffice for purposes of this section. In addition to the details of management activities the greenhead fly management plan shall include: (i) a determination by the Natural Heritage and Endangered Species Program in the department of fish and game that the plan proposed will result in no alteration, as defined under chapter 131A, to any priority habitat or take of rare, threatened, endangered, or species of special concern state or federally listed species; and (ii) reasonable measures by the council to assure that the plan proposed will avoid hazardous effects on human health and the environment, including effects to soils, sediments, surface waters, groundwater or any ocean sanctuary under sections 13 through 16 and 18 of chapter 132A.
(c) The greenhead fly management plan shall not authorize the use of any chemical pesticide other than attractants, such as octenol, used to bait traps.
Section 14. (a) No pesticide containing PFAS shall be used as part of any mosquito or greenhead fly control activity conducted pursuant to this chapter. This prohibition includes pesticides that contain PFAS as an inactive or inert ingredient.
(b) No pesticide shall be used as part of any mosquito or greenhead fly control activity conducted pursuant to this chapter unless the department of environmental protection has tested a sample of the pesticide and certified that the pesticide does not contain PFAS. This testing requirement shall not apply to a pesticide used during an arbovirus public health emergency pursuant to section 9 as long as (1) the commissioner of the department of public health determines that it is infeasible to test the pesticide prior to application in response to the arborvirus public health emergency and (2) there are no equally or more effective pesticides available for use that the department of environmental protection has already tested and certified as not containing PFAS.
Section 15. (a) Any person aggrieved by a determination by the board or any council, including any party to a complaint and investigation under section 17, may request an adjudicatory hearing before the board under the provisions of chapter 30A. The determination shall contain a notice of right to request a hearing and may specify a time limit, not to exceed 21 days, within which persons may request a hearing before the board under the provisions of chapter 30A. If no such request is timely made, the determination shall be deemed assented. If a timely request is received, the board shall within a reasonable time hold a hearing and comply with the provisions of chapter 30A. In a hearing so held the board shall designate a hearing officer to preside over the hearing, to assemble an official record thereof, and to render a tentative decision as provided in paragraph (7) of section 11 of chapter 30A. The board shall make the final decision on the basis of the official record and tentative decision so rendered.
(b) If in making a determination which may be the subject of an adjudicatory hearing the board finds that an imminent hazard or an unreasonable adverse effect on the environment could result pending the conclusion of adjudicatory hearing, the board may order that the determination shall become provisionally effective and enforceable immediately upon issuance, and shall remain so notwithstanding and until the conclusion of any adjudicatory hearing procedures timely requested. In the event that the department has thus made a determination provisionally effective, it may later, at its discretion, shorten the duration of or waive the order.
(c) A person aggrieved by a final adjudicatory determination of the board may obtain judicial review thereof pursuant to the provisions of chapter 30A.
Section 16. Whenever any council commences any mosquito management activity not permitted by the certified district ecologically-based mosquito management plan, including the use of pesticides when not permitted by the certified district ecologically-based mosquito management plan, or violates any rule or regulation of the board, the board shall have the power by written notice to order the violator to cease and desist immediately. If the violator does not conform to the board's order, the board may bring prosecution in the district court of the state. The board, without being required to enter into any recognizance or to give surety for cost, may institute proceedings in the name of the state. It shall be the duty of the attorney general to conduct the prosecution of the proceedings brought by the board. The board may obtain relief in equity or by prerogative writ whenever that shall be necessary for the proper performance of those duties.
Section 17. The board shall establish a process by which residents of the commonwealth may file complaints alleging violations of the provisions of this chapter or of the provisions of the ecologically-based mosquito management plan of the board or any district. The process for filing complaints shall, at a minimum, include a telephone hotline and allow for the submission of written complaints. Within 60 days of receiving a complaint, the board shall investigate and make a determination as to whether any violation has occurred and whether any action is required to remedy the violation or prevent such violation from occurring again. The board shall maintain a publicly accessible online docket of complaints received, the outcome of its investigations, and any actions taken.
Section 18. Any municipality not a part of an existing district may be annexed by approval of the municipality’s legislative body to a district upon approval by the district’s council.
Section 19. Any municipality or subdivision thereof which lies within a district may be disconnected from the district in accordance with the district’s separate governing enabling act, voluntary trust, or other legal instrument, by the decision of its legislative body.
Section 20. Any district organized under the provisions of this act may be dissolved and discontinued by appropriate action of either the board or the council, or as provided in the district’s governing enabling act, voluntary trust, or other legal instrument. Notice of dissolution shall be filed with the secretary of the commonwealth and the board.
Section 21. All meetings of the board or councils shall comply with the provisions of the open meeting laws under sections 18 through 25, inclusive of chapter 30A. All regular board or council meetings shall be open to the public and all resolutions, actions, and records of its proceedings shall be open to public view.
Section 22. The board shall provide a report to the house and senate committees on ways and means and the committee on environment, natural resources and agriculture by April first each year detailing all encumbrances, expenditures, and projected expenditures of funds and providing projections for needs and associated costs for the next fiscal year.
SECTION 4. The current mosquito control projects known by their identifying names as the Berkshire county mosquito control project, the Bristol county mosquito control project, the Cape Cod mosquito control project, the central Massachusetts mosquito control project, the Dukes county mosquito control project, the east Middlesex mosquito control project, the Norfolk county mosquito control project, the northeast Massachusetts mosquito control and wetlands management district, the Pioneer Valley mosquito control district, the Plymouth county mosquito control project, and the Suffolk county mosquito control project may remain in existence if a project obtains certification from the mosquito management board that the project fulfills the provisions of section 7 of chapter 252A of the General Laws, inserted by this act. Existing superintendents, and existing staff and employees of the projects may continue in their present capacity, subject to adherence to the regular conditions of workplace and employment, provided that the superintendents, staff and employees shall meet the conditions of subsection (d) of said section 7. Commissioners of these projects and their employees may continue in their capacity under their existing terms of appointment, as members or employees of the newly formed councils, and may be reappointed as members of the councils, provided they meet the criteria for membership established by said section 7. The board shall arrange for an orderly transition of such mosquito control districts and mosquito control projects in compliance with said chapter 252A.
SECTION 5. The mosquito management board shall complete the state ecologically-based mosquito management plan under section 5 of chapter 252A of the General Laws and the emergency arbovirus response plan under section 9 of said chapter 252A within 6 months of the enactment of this act.
SECTION 6. Section 14 of chapter 252A of the General Laws shall be effective 1 year from the passage of this act.
SECTION 7. The remainder of this act shall take effect upon its passage.
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An Act relative to a future blue economy
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H846
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HD2314
| 193
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{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-19T12:16:08.407'}
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[{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-19T12:16:08.4066667'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-02-15T14:38:16.9233333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T12:28:35.7333333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-25T15:13:18.2633333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T15:35:02.8'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T07:52:47.7466667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-16T17:05:33.59'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-14T10:47:58.86'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-26T17:29:56.85'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T15:51:15.87'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T11:16:24.7'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-10T11:31:47.66'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-08T14:59:26.8833333'}]
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Bill
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By Representative LaNatra of Kingston, a petition (accompanied by bill, House, No. 846) of Kathleen R. LaNatra and others that the Department of Environmental Protection provide grants to small businesses to encourage keeping material, products, and services in circulation for as long as possible. Environment and Natural Resources.
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SECTION 1. Chapter 21 of the General Laws is hereby amended by adding, after section 67, the following section:-
Section 68. The Massachusetts Department of Environmental Protection shall establish a competitive grant program to provide funding to Massachusetts small businesses for the transition to a circular economy. Circular economy is defined as an economy that keeps material, products, and services in circulation for as long as possible. The department shall promulgate regulations to support the creation of the program. The department shall be authorized to accept applications from businesses that are incorporated in, are properly licensed to do business in, or have a location in Massachusetts. All grants made under this program should provide a measurable economic benefit to Massachusetts.
The department shall evaluate a list of criteria in awarding grant applications. The Department shall prioritize applications that fall under any of the following categories: applications that are from (i) certified minority-owned and women-owned business enterprises; (ii) businesses that are geographically located within an environmental justice population; and (iii) businesses that provide substantial benefit to environmental justice populations, as long as these applications meet all other necessary criteria. Environmental justice populations are defined in section 56 of chapter 8. The department is authorized to use its discretion to decide between applications of similar standing.
SECTION 2. Chapter 21A of the General Laws is hereby amended by adding, after section 28, the following section:-
Section 29. The Secretary of Energy and Environmental Affairs shall establish a grant program to provide funding to Massachusetts non-profits, academic institutions, and businesses to conduct scientific research and the research and development of new technology created for the purpose of improving ocean health and the responsible use of the ocean. This funding may be used for scientific studies and other research, research and development of new technology, investment into existing beneficial technology, expansion of existing beneficial technology, or research into how the technology affects the Commonwealth, the state economy, or particular industries. The department shall promulgate rules and regulations to support the creation of a grant program. The department shall accept applications from entities that are incorporated in, are properly licensed to do business in, or have a location in Massachusetts. All grants made under this program should provide a measurable economic benefit to the Massachusetts ocean economy.
In awarding grant funding, the Secretary shall prioritize projects with the most measurable benefit to the ocean environment, marine species, or coastal communities; projects using existing technology that is identified as the best available prototype in the field; projects with outcomes that promote equity and inclusivity; projects that promote the use of time-series data. Applications that satisfy one or more of these criteria shall be considered favorably in priority of awards for funding, so long as those applications meet all other necessary criteria. The Secretary is authorized to use her discretion to decide between applications of similar standing.
SECTION 3. Chapter 69 of the General Laws, is hereby amended by adding, after section 1T, the following section:-
Section 1U. There shall be within the Massachusetts Department of Elementary and Secondary Education a Blue Economy Education Fund to be used to provide funding to the Commonwealth’s high schools to expand educational development, workforce training, and job placement programs in blue-STEAM industries. Blue-STEAM industries are defined as ocean sector jobs in science, technology, engineering, art, and mathematics.
The Department of Elementary and Secondary Education shall create an application process for interested high schools to apply to the Blue Economy Education Fund. All funding shall be prioritized to applications by high schools located within an environmental justice community or composed of a substantial number of students from environmental justice communities, as defined in section 62 of chapter 30 as amended by Chapter 8 of the Acts of 2021.
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An Act to establish a blue economy workforce pipeline
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H847
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HD2318
| 193
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{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-19T12:19:00.64'}
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[{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-19T12:19:00.64'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-25T15:13:36.38'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T15:34:53.9233333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T07:54:29.0033333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-16T16:56:35.47'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T15:52:03.5866667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T10:34:37.8833333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-10T11:32:00.6'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-08T14:58:49.57'}]
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Bill
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By Representative LaNatra of Kingston, a petition (accompanied by bill, House, No. 847) of Kathleen R. LaNatra and others that the Department of Environmental Protection create a circular economy education and outreach program designed to keep material, products, and services in circulation. Environment and Natural Resources.
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SECTION 1. Chapter 16 of the General Laws is hereby amended by adding, after section 21, the following section:-
Section 21A. The department shall update state waste system plans to reflect and incorporate the following: the transition to a circular economy is a priority for the Commonwealth of Massachusetts. Circular economy is defined as an economy that keeps material, products, and services in circulation for as long as possible.
SECTION 2. Chapter 21 of the General Laws is hereby amended by adding, after section 67, the following section:-
Section 68. The Massachusetts Department of Environmental Protection shall create a circular economy education and outreach program. This education and outreach program shall: inform the public about what the circular economy is; inform the public on how they can participate in the transition to a circular economy; inform Massachusetts businesses on what the circular economy is; inform Massachusetts businesses on how to participate in the transition to a circular economy.
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An Act establishing a commercial fisheries offshore wind mitigation fund
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H848
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HD3433
| 193
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{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-20T12:33:51.623'}
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[{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-20T12:33:51.6233333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-25T15:18:19.0333333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:47:55.09'}]
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Bill
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By Representative LaNatra of Kingston, a petition (accompanied by bill, House, No. 848) of Kathleen R. LaNatra, Christopher Hendricks and Patrick Joseph Kearney relative to establishing a commercial fisheries offshore wind mitigation fund to be administered by the Division of Marine Fisheries. Environment and Natural Resources.
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Chapter 130 of the General Laws is hereby amended by adding the following section:-
Section 107. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commercial Fisheries Offshore Wind Mitigation Fund to be administered by the division. There shall be credited to the fund: (i) X per cent of the total amount agreed upon in a procurement contract between the commonwealth and any offshore wind provider; (ii) X per cent of ratepayer fees paid to offshore wind providers; and (iii) any appropriations, grants, gifts or other monies authorized by the general court or other parties and specifically designated to be credited to the Fund and any income derived from the investment of amounts credited to the Fund. All amounts credited to the Fund may be expended, subject to appropriation, provided that all unexpended balances remaining in the fund at the end of the fiscal year shall not revert to the General Fund and may be appropriated for expenditure in the subsequent fiscal year.
(b) The division shall request input, to be transmitted in writing, from the commercial fisheries commission established by section 79 of chapter 179 of the acts of 2022 on proposed spending of the Fund for each upcoming fiscal year.
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An Act prohibiting the sale of fur products
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H849
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HD3117
| 193
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{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T18:16:38.947'}
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[{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T18:16:38.9466667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-25T20:30:25.1066667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T20:30:25.1066667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T08:20:45.9933333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:29:28.0233333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-03T10:29:57.7866667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-05T09:14:03.09'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T13:00:05.6166667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-08T10:22:27.2133333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T10:22:27.2133333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-16T10:50:14.3833333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-02T19:34:52.4633333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-02T19:34:52.4633333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-02T19:34:52.4633333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-02T19:34:52.4633333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-03-03T10:50:01.49'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-03T10:49:49.5533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-07T08:42:38.2366667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-03-07T08:42:38.2366667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-03-07T08:42:38.2366667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-07T08:42:38.2366667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-07T11:53:29.4233333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-03-07T18:18:05.78'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-03-08T15:51:13.9233333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-09T16:15:18.7'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-03-09T16:15:18.7'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T09:41:51.6666667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-14T07:30:03.7233333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-20T09:01:29.1133333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-03-28T16:46:44.4866667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-05-01T09:27:50.4666667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-18T10:27:34.8333333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-08-16T12:09:25.3933333'}]
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-18T18:16:38.947'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H849/DocumentHistoryActions
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Bill
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By Representatives Lewis of Framingham and Cutler of Pembroke, a petition (accompanied by bill, House, No. 849) of Jack Patrick Lewis, Josh S. Cutler and others for legislation to prohibit the sale of fur products. Environment and Natural Resources.
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SECTION 1. New Chapter 110I to Title XV Regulation of Trade of the General Laws is hereby added:
Chapter 110I: Trade of Fur Products
§ 1. Terms defined
For the purposes of this chapter the following terms have the following meanings
(a) “Fur”, any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state.
(b) (1) “Fur product”, any article of clothing or covering for any part of the body, or any fashion accessory, including, but not limited to, handbags, shoes, slippers, hats, earmuffs, scarves, shawls, gloves, jewelry, keychains, toys, and home accessories and décor, that is made in whole or part of fur.
(2) “Fur product” does not include any of the following:
(i) An animal skin or part thereof that is to be converted into leather, or which in processing will have the hair, fleece, or fur fiber completely removed;
(ii) Cowhide with the hair attached thereto;
(iii) Lambskin or sheepskin with the fleece attached thereto; or
(iv) The pelt or skin of any animal that is preserved through taxidermy or for the purpose of taxidermy.
(c) “Non-profit organization”, any corporation that is organized under 26 U.S.C. § 501(c)(3) that is created for charitable, religious, philanthropic, educational, or similar purposes.
(d) “Taxidermy”, the practice of preparing and preserving the skin of an animal that is deceased and stuffing and mounting it in a lifelike form.
(e) “Ultimate consumer”, an individual who buys a fur product for their own use, or the use of another, but not for resale or trade.
(f) “Used fur product”, a fur product that has been worn or used by an ultimate consumer.
§ 2. Fur Product Prohibition; exemptions; penalties
(a) Notwithstanding M.G.L.A. 266 § 79 or any other provision of law, it is unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration a fur product in the Commonwealth of Massachusetts. For purposes of this section, the sale of a fur product shall be deemed to occur in the Commonwealth of Massachusetts if: (1) the buyer takes physical possession of the fur product in Massachusetts; or (2) the seller is located in the Commonwealth of Massachusetts.
(b) The prohibitions outlined in this Section do not apply to the sale, offer for sale, displaying for sale, trade, or distribution of:
(1) a used fur product by an individual (excluding a retail transaction), non-profit organization, or second-hand store, including a pawn shop;
(2) a fur product used for traditional tribal, cultural, or spiritual purposes by a member of a federally recognized or state-recognized Native American tribe; or
(3) a fur product where the activity is expressly authorized by federal or state law.
(c) A person convicted of a violation of this Chapter shall be fined no less than five hundred dollars nor more than five thousand dollars per fur product.
SECTION 2. Severability.
If any section, subsection, or paragraph of this Act shall be held unconstitutional either on its face or as applied, the unconstitutionality of the section, subsection, or paragraph, or of the application thereof, shall not affect the other sections, subsections, and paragraphs of this Act, and the applications thereof; and to that end the sections, subsections, and paragraphs of this Act are intended to be severable.
SECTION 3. Effective date.
This Act shall take effect no later than 180 days following the passage of this Act.
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An Act internet access on private ways
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H85
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HD661
| 193
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{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-16T12:53:17.087'}
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[{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-16T12:53:17.0866667'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-02-09T08:41:27.3866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H85/DocumentHistoryActions
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Bill
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By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No. 85) of David T. Vieira and Dylan A. Fernandes relative to the installation of internet services for abutting owners on private ways. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Section 5 of chapter 187 of the General Laws, as appearing in the latest Official Edition, is hereby amended by inserting after the word “telephone”, in each location it appears, the following word:- internet.
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An Act concerning the use of animals in product testing
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H850
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HD2216
| 193
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{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T18:24:57.88'}
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[{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T18:24:57.88'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-03-23T12:36:01.0866667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-20T07:34:31.41'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T20:29:26.05'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T20:29:26.05'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-28T09:08:04.87'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T08:21:43.6233333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:28:50.5066667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-05T09:13:31.8366667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-06T07:27:28.8233333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T11:45:49.94'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-06T13:22:46.5233333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T13:36:28.13'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-02-06T16:11:09.38'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-07T10:42:09.1666667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T12:59:56.7433333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-08T10:22:00.8233333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T10:22:00.8233333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-14T11:59:40.2666667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T13:03:10.1366667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-02-16T10:14:59.84'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-16T10:49:49.5966667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-02T19:34:29.35'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-02T19:34:29.35'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-02T19:34:29.35'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-02T19:34:29.35'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-03-02T19:34:29.35'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-03-03T10:49:36.46'}, {'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-03-07T08:35:20.2766667'}, {'Id': 'WCG1', 'Name': 'William C. 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Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-09T16:15:04.87'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T09:41:22.8866667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-14T07:29:41.52'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-15T14:17:40.8833333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T14:17:40.8833333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-03-20T09:00:41.68'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-03-28T16:47:03.0966667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-03-28T16:46:09.9733333'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-05-03T09:29:39.5033333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-05-10T13:33:29.5233333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-05-10T13:33:29.5233333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-10T13:33:29.5233333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-05-10T13:33:29.5233333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-10T15:33:24.23'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-05-10T16:23:32.07'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-05-10T16:23:32.07'}, {'Id': 'SPK1', 'Name': 'Sally P. 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Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-07-28T12:01:49.6233333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-08-16T12:09:33.3633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H850/DocumentHistoryActions
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Bill
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By Representative Lewis of Framingham, a petition (accompanied by bill, House, No. 850) of Jack Patrick Lewis and others relative to the use of animals in product testing. Environment and Natural Resources.
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SECTION 1. Chapter 140 of the General Laws is hereby amended by inserting after Section 174F the following new section:-
Section 174G.
(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"Alternative test method", a process or procedure implemented to obtain information regarding the biological effects of exposure to a chemical or agent that does not employ the use of an animal and results in the gathering of valid information that would otherwise be acquired through the use of a traditional animal test method, including, but not limited to, computational toxicology, bioinformatics, high-throughput screening methods, chemical substances testing, tiered testing methods, in vitro studies, and systems biology.
“Commissioner”, the commissioner of the department of public health.
"Contract testing facility", a partnership, corporation, association, or other legal relationship that tests chemicals, ingredients, product formulations, or products.
"Manufacturer", a partnership, corporation, association, or other legal relationship that produces products, product formulations, chemicals, or ingredients.
"Medical research", investigations, experiments, and studies to discover, develop, or verify knowledge relating to the causes, diagnosis, treatment, prevention, or control of physical or mental diseases and impairments of humans and animals or relating to the development of biomedical products, devices, or pharmaceuticals.
"Traditional animal test method", a process or procedure using animals to obtain information regarding the biological effects of exposure to a chemical or agent.
(b) (1) When testing a product, product formulation, chemical, or ingredient in the Commonwealth, no manufacturer or contract testing facility shall use a traditional animal test method for which a valid alternative test method exists. No provision of this subsection shall be construed to apply to a test method conducted for the purposes of medical research.
(c) The commissioner shall promulgate regulations to implement, enforce, and administer this section and shall establish standards for alternative test methods to ensure safety and comparable validity of results to traditional animal test methods. The commissioner shall consider the Organization for Economic Co-Operation and Development’s Guidelines for the Testing of Chemicals when establishing said standards.
SECTION 2. The commissioner of public health shall promulgate regulations to implement this act no later than 180 days following passage of this act.
SECTION 3. Section 1 shall take effect 6 months after the passage of this act and Section 2 shall take effect upon passage.
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An Act ensuring safe drinking water in schools
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H851
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HD3792
| 193
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Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-03T10:02:41.97'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-07T12:58:13.67'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-13T09:33:54.6866667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-13T09:33:54.6866667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-13T09:33:54.6866667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-13T09:33:54.6866667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T09:33:54.6866667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-14T10:58:38.9866667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-14T11:05:20.3066667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-21T09:25:45.4633333'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-21T09:25:45.4633333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-21T09:25:45.4633333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-21T09:25:45.4633333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-22T14:24:00.33'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-01T10:13:15.4'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-01T10:13:15.4'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-01T10:13:15.4'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-06T11:04:30.41'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-03-22T10:59:58.66'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-04-06T15:31:12.5533333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-06T15:31:12.5533333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-27T16:47:32.3333333'}]
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Bill
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By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 851) of Kate Lipper-Garabedian and others relative to safe drinking water in schools. Environment and Natural Resources.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 160G the following section:-
Section 160H. The Safe Drinking Water at School Act
(a) As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:-
“Certified point-of-use filter”, a filter installed at the point where water is dispensed from an outlet and is (i) certified to the latest version of NSF/ANSI 53 for lead reduction and NSF/ANSI 42 for particulate reduction (Class I), and the certification body shall be accredited by the American National Standards Institute National Accreditation Board (ANAB) ; or (ii) meets more stringent requirements adopted thereafter.
“Certified test results”, outcomes from samplings conducted by a laboratory certified for this purpose by the commissioner in accordance with the methods specified in the department’s technical guidance. Each test for lead under this section shall be a certified test result.
“Child care center” , as defined in section 1A of chapter 15D.
“Commissioner”, the commissioner of the department of environmental protection.
“Department”, the department of environmental protection.
“Drinking water outlet”, any drinking fountain, faucet, tap or other end-point for delivery of water used for drinking or food preparation, including, but not limited to, ice-making and hot-drink machines.
“Elevated lead level”, a health-based standard for schools and child care centers in which lead concentration in drinking water exceeds one part per billion.
“Local board of health”, any board of health authorized under sections 26-33, inclusive, of chapter 111.
“Non-drinking water outlet”, any faucet, tap or other end-point for delivery of water used for any purpose other than drinking or food preparation.
“School”, any facility operating for the development and education of children in pre-school through twelfth grade, whether operated by a school district, charter or non-public entity.
“Technical guidance”, the specifications for detecting and remediating lead in drinking water at schools issued by the department pursuant to subsection (f) of this section.
(b)(1) Each school and child care center shall annually test each drinking water outlet for elevated lead levels. Samples shall be taken according to methods specified in the department’s technical guidance. A school or child care center that has not tested its drinking water outlets for lead under the commonwealth’s “Assistance Program for Lead in School Drinking Water” shall complete lead testing at each drinking water outlet according to the department’s technical guidance no later than six months after the effective date of this section.
(2) On a case-by-case basis, the commissioner may determine that more or less frequent testing is necessary or sufficient to ensure public health and safety. This may include, but shall not be limited to, timely testing after replacement of lead-bearing parts and installation of certified filters. Nothing in this section shall prevent a school district, charter school or nonpublic school from conducting more frequent testing.
(c)(1) Each school and child care center with one or more tests showing elevated lead levels in water from any drinking water outlet, including but not limited to tests conducted under the commonwealth’s “Assistance Program for Lead in School Drinking Water” or under subsection (d) shall remediate the elevated lead levels by implementing the following measures:
(i) Each school and child care center shall immediately shut off drinking water outlets showing elevated lead levels. A drinking water outlet that has been shut-off may be turned on once it has produced at least two sets of certified test results showing no elevated lead levels;
(ii) Each school and child care center shall install and maintain certified point-of-use filters at all drinking water outlets, with the exception of water fountains, within eighteen months of the effective date of this section. A school or child care center may, consistent with other obligations in law, remove select drinking water outlets from operation in lieu of installing certified point-of-use filters on those drinking water outlets, so long as every child has reasonable access to free, lead-free and safe drinking water;
(iii) Each school and child care center shall permanently shut-off existing water fountains and provide in their place filtered, bottle-filling stations, equipped with water fountain outputs as appropriate, at the rate of one per 75 students;
(iv) Each school and child care center shall set up a filter maintenance and oversight schedule for all certified point-of-use filters installed pursuant to this section and according to the department’s technical guidance;
(v) Should any drinking water outlet fail to produce at least two sets of certified test results showing no elevated lead levels within six months of the installation of certified point-of-use filters, the school or child care center where the outlet is located shall pursue other methods of remediation in addition to certified point-of-use filters until the water from said drinking water outlet has produced two sets of certified test results showing no elevated lead levels; and
(vi) The school or child care center may choose from a list of methods including, but not limited to, replacing lead-bearing fixtures and plumbing with lead soldering or replacing the drinking water outlet with a lead-free fixture, and other methods found in the department’s technical guidance.
(2) Notwithstanding the requirements outlined in this subsection, nothing in this subsection shall prevent a school or child care center from pursuing additional methods of remediation, especially in response to public input, consistent with the department’s technical guidance.
(3) A school or child care center may seek the assistance of local board of health, public water system, or the department to comply with the provisions of this subsection.
(d)(1) Each school and child care center shall submit to the department of environmental protection and the department of public health, as soon as practicable, the following information:
(i) a plan of action for preventing lead contamination of water, including, but not limited to, actions already taken pursuant to this section;
(ii) a progress report on the implementation status of its plan of action; and
(iii) information on tests conducted pursuant to subsection (b), including, but not limited to, the date the testing was completed, the location and type of each drinking water outlet tested, the complete results of each test and any immediate measures being taken in response to tests showing a drinking water outlet or outlets with elevated lead levels.
(2) Each school and child care center shall maintain copies of the information submitted under this subsection in a suitable location for inspection by the public; post this information on the website of the school or child care center; and notify parents, teachers and employee organizations of the availability of said information.
(e) Each school and child care center shall designate an employee to serve as the contact person for communications with the department and the public regarding the lead testing and remediation activities and notify, within one business day, teachers, other school personnel, and parents directly, through written notice, electronic mail or other means approved by the department, if testing conducted pursuant to subsection (c) reveals an elevated lead level at a drinking water outlet. Such notification shall include, but need not be limited to:
(1) a summary of the results of the testing conducted, and information on the availability of the complete test results for public inspection at a suitable location and on the website of the school or child care center;
(2) a description of any remedial measures being taken pursuant to subsection (c);
(3) information on the public health effects and risks posed by lead in drinking water and information on the availability of additional resources concerning lead in drinking water, as outlined in the technical guidance; and
(4) the name and contact information of the person designated pursuant to subsection (e) to communicate with the public.
(f) The department shall develop and issue guidance to every school and child care center regarding how to display information about lead at each drinking water outlet, including, but not limited to, (i) posted warnings of the presence of lead at each drinking water outlet where one or more lead test results has shown elevated lead levels; and (ii) maintenance, testing and filters at each drinking water outlet.
(g) Each school and child care center shall publish at each drinking water outlet the following information:
(1) the maintenance schedule and log for installed certified point-of-use filters at that drinking water outlet;
(2) the most recent lead test conducted at that drinking water outlet;
(3) the date of the next scheduled test at that drinking water outlet; and
(4) whether the drinking water outlet is closed due to the presence of elevated lead levels.
(h) Each school and child care center shall post every non-drinking water outlet as “not for drinking.”
(i)(1) The department, in consultation with department of health, may adopt, after notice, interim rules and regulations necessary to implement the provisions of this section. The rules and regulations shall be effective immediately upon filing with the office of administrative law and shall be effective for no more than 18 months, and may, thereafter, be amended, adopted or readopted by the department.
(2) The department shall issue technical guidance that meets at least the same technical guidance standards for reducing lead in drinking water at schools issued by the U.S. Environmental Protection Agency. Provisions of the technical guidance related to testing to determine the presence and levels of lead in water shall be designed to maximize detection of lead in water, and shall prohibit sampling or testing methods that tend to mask lead contamination, including pre-stagnation flushing and removal of aerators prior to sampling. The department shall provide with the technical guidance a list of laboratories certified to conduct lead testing, and any other information the department deems appropriate, to each school district, charter school nonpublic school and child care center, and post said information on the department’s website within 45 days of the effective date of this section.
(j)(1) If a school or child care center is unable to comply with some or all of the requirements of this section, the superintendent of the school district, the administration of a private day or residential school or the board of trustees of a charter school may request a hardship waiver of some or all of the section’s requirements from the commissioner. No less than 30 days prior to requesting a hardship waiver, a public school district or child care center shall notify parents of their intention to request a waiver and hold at least one public meeting to present the proposed waiver in detail, disclose health risks of lead in water and allow meaningful public input on the decision to request a waiver.
(3) Nothing in this subsection shall be construed to place additional requirements on a school or child care center that, prior to the effective date of this section, has already taken measures, which, in the judgment of the department, permanently eliminates the risk of elevated lead levels in its water at all drinking water outlets.
SECTION 2. Section 2L of Chapter 29 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “chapter”, in line 8, the following:-
“and for the purposes described in section 160H of chapter 111”.
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An Act relative to municipal assistance for clean water and economic development infrastructure
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H852
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HD2727
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{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T15:56:15.76'}
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[{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T15:56:15.76'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T08:56:46.12'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-26T08:56:46.12'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-21T10:40:10.2066667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-21T10:40:10.2066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-21T10:40:10.2066667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-21T10:40:10.2066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T10:40:10.2066667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-03T09:35:24.7133333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-14T12:29:58.1166667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-05-17T15:10:37.25'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-06-07T15:51:58.7366667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-07T15:51:58.7366667'}]
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By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 852) of Jay D. Livingstone and others relative to the establishment of a water infrastructure improvement fund to provide assistance to cities and towns for clean water and economic development. Environment and Natural Resources.
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SECTION 1. To provide for a capital outlay program of maintenance and improvements to municipal drinking, the replacement of lead service line pipes, and waste and storm water infrastructure assets of the commonwealth. The sum set forth in section 2 for the several purposes and subject to the conditions specified in this act, is hereby made available, subject to the laws regulating the disbursement of public funds, which sum is in addition to any other amounts previously appropriated for these purposes.
SECTION 2.
Massachusetts Clean Water Trust
For the Massachusetts Clean Water Trust established in section 2 of chapter 29C of the General Laws for deposit in a Water Infrastructure Improvement Fund established by this Section for the purposes of maintenance and improvements to municipal drinking, the replacement of lead service line pipes, and improvements to waste and storm water infrastructure assets; provided, that a local government unit shall comply with the procedures established by the Massachusetts Clean Water Trust; provided further, that any such local government unit may appropriate for such projects amounts not in excess of the amount provided to the local government unit under this item, preliminary notice of which shall be provided by the Massachusetts Clean Water Trust to the local government unit not later than April 1 of each year; provided further, that the Massachusetts Clean Water Trust shall reimburse any such local government unit under this item within 30 days after receipt by the Massachusetts
Clean Water Trust of a request for reimbursement from the local government unit, which request shall include certification by the local government unit that actual expenses have been incurred on projects eligible for reimbursement under this item, and that the work has been completed to the satisfaction of the local government unit according to the specifications of the project and in compliance with applicable laws and procedures established by the Massachusetts Clean Water Trust..... .............$1,000,000,000
SECTION 3. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after section 2VVVV, the following section:
Section 2WWWW. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Water Infrastructure Improvement Fund, consisting of amounts credited to the fund by appropriation of the General Court or in accordance with any other general or special law. The fund shall be administered in accordance
with the provisions of said chapter 29C by the board of trustees of the Massachusetts Clean Water Trust and shall be held in trust exclusively for the purposes and the beneficiaries described therein. The state treasurer shall be treasurer and custodian of the fund and shall have the custody of its monies and securities. Said amounts shall be used solely for the administration of the provisions of section 19 of said chapter 29C.
SECTION 4. Chapter 29C of the General Laws, as so appearing, is hereby amended by
adding the following section:
Section 19. (a) For purposes of this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:-
“Base allocation”, the sum of: (i) the total number of road miles in the commonwealth multiplied by 58.33; (ii) the population of the commonwealth multiplied by 20.83 per cent; and (iii) the total number of persons employed in the commonwealth multiplied by 20.83%, such sum being divided by the total number of municipalities in the commonwealth.
“Employment factor”, the number of persons employed within the borders of the
municipality.
“Lead service line”, shall have the same meaning as 40 CFR. Part 141.2, as amended.
“Population factor”, the population of a municipality.
“Road miles factor”, the number of road miles contained within a municipality.
(b) In addition to the powers and duties of the board otherwise provided, the trust is hereby designated to establish and administer the Water Infrastructure Improvement Fund, established by this Section. The monies in the fund, which shall be under the control of the board and not subject to appropriation, shall be used as provided in subsection(c).
(c) The board shall apply monies in the Water Infrastructure Improvement Fund for the purpose of providing grants to local governmental units to provide for a capital outlay program of maintenance and improvements to municipal drinking, the replacement of lead service line pipes, and waste and storm water infrastructure assets. The amount of percentage of funds available to a municipality fund assets to be allocated as a grant funding for municipalities shall be determined using the following formula: by finding the sum of: (i) the road miles factor multiplied by 58.33 percent; (ii) the population factor multiplied by 20.83 per cent; and (iii) the employment factor multiplied by 20.83 per cent and dividing such sum by the base allocation.
(d) In order to receive a grant pursuant to this section, a local governmental unit shall:
(1) develop and maintain an asset management plan, which has been approved by the department;
(2) implement a full cost pricing program, as prescribed and approved by the department;
(3) submit an application for the grant, on such form and at some time as the board shall prescribe.
SECTION 5. To meet the expenditures necessary in carrying out section 2, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $1,000,000,000. All such bonds issued by the commonwealth shall be designated on their face, Maintenance and Improvement of Municipal Water Infrastructure Act of 2018, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2053. All interest
and payments on account of principal on these obligations shall be payable from the General Fund. Notwithstanding any other provision of this act, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.
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An Act for the establishment of a voucher program for home water filtration equipment
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H853
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HD3249
| 193
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{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-20T11:14:43.747'}
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[{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-20T11:14:43.7466667'}, {'Id': None, 'Name': 'Marian T. Ryan, Middlesex District Attorney', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T11:14:43.7466667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-10-06T11:17:15.27'}]
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By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 853) of Jay D. Livingstone and Marian T. Ryan (Middlesex District Attorney) for legislation to establish a voucher program for home water filtration equipment. Environment and Natural Resources.
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Chapter 21A as appearing in the Official 2020 edition of the General Laws is amended by adding section (8G), as follows:
(a) The Department of Environmental Protection (DEP) shall establish and administer a program in which the DEP shall issue vouchers for Per- and Polyfluoroalkyl Substances (PFAS) filtration equipment in accordance with the following requirements.
(1) The DEP shall maintain a list of municipalities (affected municipalities) in which PFAS level exceed the maximum contamination levels (MCL) set by the DEP.
(2) The DEP shall maintain a registry of addresses that have received vouchers in the past.
(3) For purposes of this section, an “address” shall mean a single-family house or a numbered unit in a multi-unit dwelling of any kind.
(4) For purposes of this section, “PFAS filtration equipment” shall mean point-of-use filtration devices installed into a water line and replacement filters for such devices. National Sanitation Foundation (NSF) certification of PFAS filtration equipment is required for it to be eligible for a voucher.
(b) A resident or property owner living in an affected municipality may request vouchers for filtration equipment, i.e., a point-of-use filtration device or a replacement filter, from the DEP.
(1) The applicant must provide proof of address in an affected municipality.
(2) The applicant address may receive no more than two vouchers for point-of-use filtration devices in a five-year period.
(3) The applicant address may receive no more than two vouchers for replacement filters in a six-month period.
(c) A voucher recipient may redeem a voucher at any retail establishment selling filtration equipment.
(1) The retail establishment shall accept a voucher marked alternatively for a filtration device or for a replacement filter in lieu of payment for such equipment.
(2) The retail establishment shall receive reimbursement from the DEP upon providing the voucher and the record of sale.
(d) Funds for the redemption of vouchers shall come from state and federal water quality grants to the DEP.
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An Act establishing the monitoring of ultrafine particulates
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H854
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HD3342
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{'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-01-20T12:04:02.763'}
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[{'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-01-20T12:04:02.7633333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-20T12:04:36.18'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-13T14:50:24.2466667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-22T15:14:55.8866667'}]
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-20T12:04:02.763'}
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Bill
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By Representatives Madaro of Boston and Barber of Somerville, a petition (accompanied by bill, House, No. 854) of Adrian C. Madaro, Christine P. Barber and Michelle M. DuBois relative to the the monitoring of ultrafine particulates by the Department of Environmental Protection. Environment and Natural Resources.
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SECTION 1. Section 142B of chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the eighth paragraph and inserting in place thereof the following paragraph:-
The department shall maintain and operate such air sampling stations and devices; make or perform such routine and special examinations, inspections, observations, determinations, laboratory analyses, and surveys; maintain such records; and perform such other acts as it deems necessary to conduct an adequate air pollution control program within the metropolitan air pollution control district. The department shall, in its annual Air Monitoring Network plan, which it prepares in accordance with Title 40 CFR Part 58.10, at each location where the department monitors for particulate matter 2.5 micrometers and smaller in diameter, monitor and report for ultrafine particulate matter less than 100 nanometers in diameter, in addition to its other monitoring at those locations. The department shall promulgate regulations including said ultrafine particulate matter in reporting required by project proponents for applications, certifications, plans, permits, or any other matter requiring approval of the department related to air quality impacts.
SECTION 2. Section 1 shall take effect on January 1, 2025.
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An Act relative to food justice with jobs
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H855
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HD3366
| 193
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{'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-01-20T12:07:42.65'}
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[{'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-01-20T12:07:42.65'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T15:20:57.2433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H855/DocumentHistoryActions
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Bill
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By Representative Madaro of Boston, a petition (accompanied by bill, House, No. 855) of Adrian C. Madaro and Vanna Howard for legislation to create local and community garden agriculture programs within the Department of Agricultural Resources. Environment and Natural Resources.
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SECTION 1. The General Laws, as so appearing, are hereby amended by inserting after chapter 128C the following new chapter:-
Chapter 128D: Local Garden Agriculture Program
Section 1: As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Chemical fertilizer”, any chemical compound of synthetic origin applied to soil or to a plant to supply the plant with nutrients.
“Chemical herbicide”, any chemical compound of synthetic origin applied to plants, crops, or soil which is designed, used, or intended to kill or inhibit the growth of unwanted plants or fungi.
“Chemical pesticide”, any chemical compound of synthetic origin applied to plants, crops, or soil which is designed, used, or intended to kill pests that can damage crops or interfere with agricultural production, including insects, birds, rodents, or any other type of animal.
“Commissioner”, the commissioner of the Massachusetts Department of Agricultural Resources
“Division”, the Agriculture Jobs Division
“Garden Agriculture Program”, the cumulative entirety of any and all rules, regulations, contracts, plans, projects, expenditures, and activities completed by the division in order to award Garden Agriculture Grants to recipients, including, but not limited to, designing the Garden Agriculture Grant Application, reviewing Garden Agriculture Grant Applications which have been submitted by Garden Agriculture Grant Applicants, awarding Garden Agriculture Grants, hiring Technical Assistance Experts, and monitoring and enforcing compliance with the provisions of this chapter.
“Garden Agriculture Program”, a program to: (i) enable Massachusetts residents to establish small-scale food gardens; (ii) localize food production to reduce the carbon emissions created by buying food produced out of state; and (iii) increase Massachusetts residents’ access to locally-grown food with high nutritional value.
“Garden Agriculture Grant”, a delivery, from the Agriculture Jobs Division to a Garden Agriculture Grant Recipient, of items, tools, resources, seeds, instructional guides, and other goods specified in Section 5 of this chapter.
“Garden Agriculture Grant Application”, an application to receive a Garden Agriculture Grant.
“Garden Agriculture Grant Applicant”, an individual who submits a Garden Agriculture Grant Application.
“Garden Agriculture Grant Recipient”, an individual who receives a Garden Agriculture Grant.
Section 2. The division shall create the Garden Agriculture Program.
Section 3. (a) The division shall create an application called the Garden Agriculture Grant Application with which individuals can apply for a Garden Agriculture Grant. The division and its agents and employees shall refer to the Garden Agriculture Grant Application as such.
(b) The Garden Agriculture Grant Application shall require applicants to: (i) provide their name; (ii) provide their address; (iii) provide their cumulative family adjusted gross income; (iv) identify which of the following gardening items they would like to receive as part as part of the grant from a list of but not limited to, a trowel; a spade; a pair of pruners; soil; mulch; and organic fertilizer; (v) identify which types of seeds they would like to receive as part of the grant, choosing from a list of available seed types which shall be listed on the Garden Agriculture Grant Application; (vi) indicate whether they would like to receive one raised garden bed or two raised garden beds as part of the grant; (vii) identify the dimensions that they would like the raised garden bed or beds to have, choosing from a list of available dimensions which shall be listed on the Garden Agriculture Grant Application; (viii) indicate whether they would like to receive any other tools, equipment, resources, or items listed on the Garden Agriculture Grant Application, which the commissioner has deemed appropriate to list on the Garden Agriculture Grant Application, provided that it is reasonable to believe that including those tools, equipment, resources, or items on the Garden Agriculture Grant Application would improve the Garden Agriculture Program; and (ix) provide any other information the commissioner deems appropriate for determining whether to award the applicant a Garden Agriculture Grant.
(c) The Garden Agriculture Grant Application shall include: (i) a brief description of the purposes of the Garden Agriculture Grants; (ii) a description of the restrictions, legal duties, and obligations that accompany the receipt of a Garden Agriculture Grant, including, but not limited to, the requirements provided in Section 7 of this chapter; (iii) a space for the applicant to sign and date the application; and (iv) a clearly worded statement advising potential applicants that by signing, dating, and submitting a Garden Agriculture Grant Application, they are agreeing to abide by and comply with the restrictions, legal duties, and legal obligations that accompany receipt of a Garden Agriculture Grant.
(d) The Garden Agriculture Grant Application shall be easily accessible on the website of the division. Applicants shall be given the option of submitting their Garden Agriculture Grant Application electronically on the website of the division. Visitors to the website of the division shall be able to download and print as many copies of the Garden Agriculture Grant Application as they wish. The division shall also allow applicants to easily and conveniently submit non-electronic, paper versions of the Garden Agriculture Grant Application.
(e) The Garden Agriculture Grant Application shall be available in English and in any other language spoken by at least 10 percent of the Massachusetts population.
(f) The division shall only approve a Garden Agriculture Grant Application if it intends to provide the Garden Agriculture Grant Applicant with a Garden Agriculture Grant.
Section 4. The division shall, at all times, prioritize Garden Agriculture Grant Applications submitted by Garden Agriculture Grant Applicants with lower annual, cumulative household adjusted gross income over Garden Agriculture Grant Applicants with higher annual, cumulative household adjusted gross income.
Section 5. (a) A Garden Agriculture Grant shall consist of: (i) all of the items requested by the applicant pursuant to Section 3(b)(iv) of this chapter; (ii) all of the seeds requested by the applicant pursuant Section 3(b)(v) of this chapter, in a quantity equal to no less than 200 seeds divided by the number of types of seeds the applicant requested; (iii) any raised garden bed or raised garden beds requested by the applicant, pursuant to Section 3(b)(vi) and Section 3(b)(vii) of this chapter, provided that no applicant shall receive more than two raised garden beds; (iv) any additional items requested by the applicant, pursuant to Section 3(b)(viii) of this chapter; (v) organic fertilizer; (vi) mulch and soil; (vii) assistance assembling and setting up any raised garden bed which was included in the Garden Agriculture Grant; (viii) assistance setting up any pest control cage included in the Garden Agriculture Grant; (ix) an accessible instructional guide for how to plant, grow, and harvest the types of plants associated with the seeds the applicant requested, pursuant to Section 3(b)(v) of this chapter, in English and in any other language spoken by at least 10 percent of the Massachusetts population; and (x) any other item or items which the commissioner determines should be included in all Garden Agriculture Grants.
(b) Any raised garden bed delivered to any applicant as part of a Garden Agriculture Grant shall have a built-in pest-control cage or shall arrive with a separately installable pest-control cage.
Section 6. (a) No later than 2 weeks after approving a Garden Agriculture Application, the division shall notify the applicant that their application was approved, either by mail, electronic mail, or by telephone.
(b) After approving a Garden Agriculture Application, the division shall deliver the Garden Agriculture Grant to the applicant, to arrive no later than 2 months after the application was approved.
Section 7. (a) Every Garden Agriculture Grant Recipient is prohibited from using chemical pesticides.
(b) Every Garden Agriculture Grant Recipient is prohibited from using chemical herbicides.
(c) Every Garden Agriculture Grant Recipient is prohibited from using chemical fertilizer.
(d) Every Garden Agriculture Grant Recipient is prohibited from selling, trading, or otherwise alienating any of the items, seeds, tools, equipment, or raised garden bed that they received as part of their Garden Agriculture Grant.
Section 8. (a) The division shall hire at least one Technical Assistance Expert as full time employee to receive and resolve questions from Garden Agriculture Grant Recipients, related to optimal, effective, or proper agricultural practices.
(b) Technical Assistance Experts must speak both English and any other language spoken by at least 10 percent of the Massachusetts population.
(c) Technical Assistance Experts must have experience practicing agricultural gardening without the use of chemical fertilizers, chemical pesticides, or chemical herbicides.
(d) Technical Assistance Experts must be qualified to answer questions that Garden Agriculture Grant Recipients could reasonably be expected to have as they set up their gardens, plant seeds, and grow and harvest plants.
(e) Technical Assistance Experts must receive an annual salary that is not less than 140 percent of the statewide per capita income, as calculated by the United States Census Bureau.
(f) Technical Assistance Experts must receive health insurance, dental insurance, at least two weeks of paid vacation time, and at least one paid sick day off of work for every 20 days in which they work more than 6 hours.
SECTION 2: The General Laws are hereby amended by inserting after chapter 128D the following chapter:-
Chapter 128E: Community Agriculture Gardens Program
Section 1. As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Commissioner”, the commissioner of the Massachusetts Department of Agricultural Resources.
“Community Agriculture Program”, the cumulative entirety of any and all rules, regulations, contracts, plans, projects, expenditures, and activities completed by the bureau to award Community Agriculture Grants to individuals including, but not limited to: (i) creating a Community Agriculture Grant Application; (ii) reviewing Community Agriculture Grant Applications; (iii) assisting Community Agriculture Cooperatives with establishing a bank account; assisting Community Agriculture Cooperatives with incorporation; (iv) depositing funds into a Community Agriculture Cooperative bank account; assisting Community Agriculture Cooperatives with holding free and fair elections to select individuals to serve on their first Board of Directors; (v) developing Community Agriculture Standards; and monitoring and enforcing the provisions of this chapter.
“Community Agriculture Standards”, a comprehensive list of agricultural practices for Members of Community Agriculture Cooperatives
“Community Agriculture Grant”, a one-time financial grant, disbursed by the division, directly to the bank account of a Community Agriculture Cooperative
“Community Agriculture Grant Application”, an application to receive a Community Agriculture Grant.
“Community Agriculture Cooperative”, a nonprofit corporation, incorporated in commonwealth, established to acquire land, real property, and other property in fee simple, and to use that land, real property, and other property for the purpose of agricultural production for the benefit of the corporation’s members.
“Division”, the Agriculture Jobs Division
“Nonprofit corporation”, a nonprofit corporation as defined in formed for a purpose specified in Section 4 of Chapter 180
“Members”, the members of a Community Agriculture Cooperative, possessing all the duties and privileges attached to membership in a nonprofit corporations under the general laws
“Board of Directors”, the Board of Directors of any Community Agriculture Cooperative
“Director”, any individual acting as a Director on the Board of Directors of a Community Agriculture Cooperative
“Community Garden”, a site of agricultural production owned and managed by a Community Agriculture Cooperative on behalf of its members. A Community Garden may include real estate, farming equipment, greenhouses, buildings for indoor agriculture, and any other items, structures, land, or property that are appropriate to facilitate agricultural production.
“Community food”, food produced in a Community Garden
“Geographic membership area”, a geographically contiguous area that includes at least 400 permanent residents
“Permanent resident of a geographic membership area”, any individual whose primary domicile is in a geographic membership area. Any individual who regularly sleeps no less than 100 nights per year within the geographic membership area are considered a permanent resident of that geographic membership area, regardless of whether they have a legal address within the geographic membership area.
“Linked”, the formal legal relationship that is established between a Community Agriculture Grant Application and a Community Agriculture Cooperative under the following circumstances: when a Community Agriculture Grant Application is approved, and a Community Agriculture Cooperative is created to receive the funds from the Community Agriculture Grant, then that Community Agriculture Grant Application and that Community Agriculture Cooperative are “Linked.”
“Treasurer”, the Treasurer of a Community Agriculture Cooperative, chosen by that corporation’s Board of Directors
“Census tract”, a geographic region identified as and referred to as such by the United States Census Bureau
“Secret ballot”, a ballot in which the votes cast are secret and every voter’s choice is anonymous.
“Technical Assistance Experts”, individuals with direct experience with agricultural production that does not rely on chemical fertilizers, chemical pesticides, or chemical herbicides, and may have direct experience with indoor agricultural production.
“Chemical fertilizer”, any chemical compound of synthetic origin applied to soil or to a plant to supply the plant with nutrients.
“Chemical herbicide”, any chemical compound of synthetic origin applied to plants, crops, or soil which is designed, used, or intended to kill or inhibit the growth of unwanted plants or fungi.
“Chemical pesticide”, any chemical compound of synthetic origin applied to plants, crops, or soil which is designed, used, or intended to kill pests that can damage crops or interfere with agricultural production, including insects, birds, rodents, or any other type of animal.
“Feasible and appropriate”, includes (i) physically and biologically possible, as determined by the commissioner; (ii) economically viable, as determined by the commissioner; and (iii) ecologically advantageous, as determined by the commissioner, including, but not limited to, improving soil health, sequestering carbon, increasing biodiversity, protecting natural habitats, protecting the health of pollinators, and any other aspect of ecological sustainability deemed important by the commissioner.
“Minor violation”, any violation of any provision of this chapter that is not considered a major violation.
“Major violation”, any of the following violations: (i) any activity or pattern of behavior engaged in by any director or group of directors that leads the commissioner to conclude, beyond a reasonable doubt, that the Board of Directors of a Community Agriculture Cooperative is attempting to transfer money received from a Community Agriculture Grant to a member or members of that Community Agriculture Cooperative for personal use that is not primarily intended to benefit the members of that Community Agriculture Cooperative, as a whole; (ii) any activity or pattern of behavior engaged in by any director or group of directors that leads the commissioner to conclude, beyond a reasonable doubt, that the Board of Directors of a Community Agriculture Cooperative is not intending or attempting to grow community food; (iii) any activity or pattern of behavior engaged in by any director or group of directors that leads the commissioner to conclude, beyond a reasonable doubt, that a director or group of directors are attempting to deliberately exclude some members of the Community Agriculture Cooperative from receiving any of the benefits of membership in the Community Agriculture Cooperative, including, but not limited to, the right to participate in elections to select individuals to serve on the Board of Directors; and (iv) any activity or pattern of behavior engaged in by any director or group of directors that leads the commissioner to conclude, beyond a reasonable doubt, that the Board of Directors is encouraging or permitting community food to be grown in violation of the community agriculture standards.
Section 2. The division shall create the Community Agriculture Program. The purposes of said program shall be to: (i) enable Massachusetts residents to establish community gardens; and (ii) increase Massachusetts residents’ access to locally-grown food with high nutritional value.
Section 3. All permanent residents of a geographic membership area specified in the Community Agriculture Grant Application, pursuant to Section 8(c)(iii) of this chapter, shall be members of the Community Agriculture Cooperative to which that Community Agriculture Grant Application is linked.
Section 4. (a) A Community Agriculture Cooperative may receive funds from a Community Agriculture Grant; private donations from any source; private grants from any source; and are subject to state and municipal appropriation or subdivision thereof.
(b) A Community Agriculture Cooperative may spend money in the following ways: (i) to purchase land or real property in fee simple, and any appurtenances to that land, with which to establish a Community Garden to produce community food; (ii) to compensate a real estate agent, real estate broker, or any other individual to locate land, real property, appurtenances, buildings, or other structures that may be appropriate for the Community Agriculture Cooperative to purchase; (iii) to compensate a real estate agent, real estate broker, lawyer, legal expert, or any other individual to assist the Community Agriculture Cooperative in purchasing land, real property, appurtenances, buildings, or other structures in fee simple; (iv) to purchase, construct, or install buildings, greenhouses, raised garden beds, or any other structures that will be used to facilitate the production of community food on a Community Garden; (v) to purchase items, tools, or equipment that will be used to facilitate the production of community food on a Community Garden, including, but not limited to, gardening tools, seeds, non-chemical fertilizer, soil, mulch, irrigation systems, components of irrigation systems, and soil nutrients; (vi) to purchase technical gardening assistance, guidance, or consulting services, provided such services are used on behalf of the Community Agriculture Cooperative; (vii) to purchase legal assistance, guidance, or consulting services, provided such services are used on behalf of the Community Agriculture Cooperative; (viii) to purchase financial accounting, financial bookkeeping, or financial consulting services, provided such services are used on behalf of the Community Agriculture Cooperative; (ix) to compensate members of the Community Agriculture Cooperative to grow community food, maintain and improve the Community Garden, or train others to grow community food or maintain and improve the Community Garden, provided that no member is compensated with an hourly income of less than the quotient of 1/1,920 multiplied by 140 percent of the statewide per capita income, as calculated by the United States Census Bureau, or is compensated with an hourly income of more than the quotient of 1/1,920 multiplied by 180 percent of the statewide per capita income, as calculated by the United States Census Bureau; and (x) to purchase any additional items, goods, products, property, or services that the commissioner deems appropriate.
(c) In order to sell or otherwise alienate any piece of land or real property, a Community Agriculture Cooperative must obtain the approval of the commissioner. The division shall develop an efficient and convenient system through which a Community Agriculture Cooperative may submit an application to sell or otherwise alienate any piece of land or real property.
(d) A Community Agriculture Cooperative may not disburse funds to its members except as compensation for: (i) labor performed to produce community food; (ii) labor performed to distribute community food; (iii) labor performed to maintain, clean, or improve land, items, buildings, structures, or real property belonging to the Community Agriculture Cooperative; (iv) labor performed to research information for the benefit of the Community Agriculture Cooperative or its members; (v) administrative business of the Community Agriculture Cooperative, including, but not limited to, attending meetings and bookkeeping; or (vi) in furtherance of any other purpose deemed appropriate by the commissioner.
Section 5. (a) As soon as is feasible, and no later than 90 days after being formally incorporated in the commonwealth, a Community Agriculture Cooperative shall hold an election in which all of its members may vote to elect between 6 and 12 Directors to serve on that Community Agriculture Cooperative’s Board of Directors.
(b) All members of a Community Agriculture Cooperative are eligible to be elected as a Director of that Community Agriculture Cooperative.
(c) Only members of a Community Agriculture Cooperative are eligible to be elected as a Director of that Community Agriculture Cooperative.
(d) All members of a Community Agriculture Cooperative shall be eligible to vote for its Board of Directors.
(e) Only members of a Community Agriculture Cooperative shall be eligible to vote for its Board of Directors.
(f) Within 90 days of a Community Agriculture Cooperative electing its first Board of Directors, the Board of Directors shall draft the Community Agriculture Cooperative’s bylaws.
(g) A Community Agriculture Cooperative’s bylaws shall specify: (i) how often the Community Agriculture Cooperative shall hold elections for its Board of Directors, provided that those elections shall take place at least once every 2 years; (ii) the rules and procedures governing the Community Agriculture Cooperative’s elections for members of the Board of Directors; (iii) that all permanent residents of the geographic membership area specified in the Community Agriculture Grant Application to which the Community Agriculture Cooperative is linked are members of the Community Agriculture Cooperative; and (iv) any other matters, procedures, rules, or regulations which the Board of Directors deems appropriate to include in the bylaws, provided they are consistent with the provisions of this chapter.
(h) In order to be adopted, the bylaws of a Community Agriculture Cooperative must be approved by at least 60 percent of the Board of Directors.
(i) In order to be amended, the bylaws of a Community Agriculture Cooperative must be approved by at least 60 percent of the Board of Directors.
(j) Within 90 days of a Community Agriculture Cooperative electing its first Board of Directors, the Board of Directors shall select one of its members to serve as that Community Agriculture Cooperative’s Treasurer.
(k) Any meeting of a Board of Directors shall be open to any member of the Community Agriculture Cooperative. The time and location of all meetings of a Board of Directors shall be publicly announced not later than 14 days before the meeting takes place.
Section 6. (a) For the election in which a newly incorporated Community Agriculture Cooperative elects its first Board of Directors, the division shall make all appropriate and feasible efforts to notify each member of the Community Agriculture Cooperative: (i) that they are a member of the newly incorporated Community Agriculture Cooperative; (ii) that the Community Agriculture Cooperative is receiving a financial grant to produce food; (iii) that the Board of Directors will be empowered to make important decisions about the type of food produced, the ways in which it is produced, and the ways in which it is distributed; (iv) that they may vote to elect the Community Agriculture Cooperative’s first Board of Directors; and (v) the date, time, and location at which the election shall be held.
(b) For the first election in which a Community Agriculture Cooperative elects its first Board of Directors, the ballots must be cast and counted within the geographic membership area.
(c) For the first election in which a Community Agriculture Cooperative elects its first Board of Directors, the division alone shall have the duty and authority to: (i) schedule the election; (ii) facilitate a fair way in which members may cast votes through secret ballots; (iii) count the votes; and (iv) notify all members of the names of the individuals who were elected to be on the Community Agriculture Cooperative’s first Board of Directors.
Section 7. (a) A Community Agriculture Grant shall consist of a one-time financial grant, disbursed by the division, directly to the bank account of a Community Agriculture Cooperative.
(i) A Community Agriculture Grant for a Community Agriculture Cooperative that has not greater than 500 permanent residents of its geographic membership area, as determined by the commissioner, shall consist of $500,000.
(ii) A Community Agriculture Grant for a Community Agriculture Cooperative that has not less than 500 permanent residents and not greater than 750 permanent residents of its geographic membership area, as determined by the commissioner, shall consist of $700,000.
(iii) A Community Agriculture Grant for a Community Agriculture Cooperative that has not less than 750 permanent residents and not greater than 1,000 permanent residents of its geographic membership area, as determined by the commissioner, shall consist of $1,000,000.
(b) The division retains the legal right to claim the remaining, unspent money from a Community Agriculture Grant or claim ownership over any items, tools, land, real property, or equipment that was purchased with money from a Community Agriculture Grant if a major violation has taken place.
(c) A Community Agriculture Grant shall not be deposited in the bank account of a Community Agriculture Cooperative until each one of its Directors signs a memorandum of understanding indicating that they understand and consent to: (i) allow the division to claim the remaining, unspent money from a Community Agriculture Grant or to claim ownership over any items, tools, land, real property, or equipment that was purchased entirely with money from a Community Agriculture Grant if a major violation has taken place; (ii) allow the division, its agents, and its employees to inspect the records, bank statements, and premises of a Community Agriculture Cooperative to ensure compliance with the regulations established by this chapter; and (iii) all of the duties and legal obligations established by this chapter.
Section 8. (a) The division shall create an application called the Community Agriculture Grant Application with which individuals can apply for a Community Agriculture Grant. The division and its agents and employees shall refer to the Community Agriculture Grant Application as such.
(b) Any party submitting a Community Agriculture Grant Application must live in the geographic membership area identified in that Community Agriculture Grant Application.
(c) The Community Agriculture Grant Application shall require the applicant to: (i) provide their name; (ii) provide their address; (iii) identify a geographic membership area, defined according to the street names that compose the borders of the geographic membership area; and (iv) provide any other information that the commissioner deems appropriate to include on every Community Agriculture Grant Application.
Section 9. (a) The division shall develop regulations and guidelines regarding the process and criteria for approval of a Community Agriculture Application, including but not limited, to:
(1) Prioritize a Community Agriculture Application with a geographic membership area that overlaps with Census Tracts which, on average, have a lower median household income, over a Community Agriculture Application with a geographic membership area that overlaps with Census Tracts which, on average, have a higher median household income, as calculated by the U.S. Census Bureau; and
(2) Prioritize Community Agriculture Applications which indicate, in the judgment of the division, that the applicant has developed a strong and credible plan to grow community food. When considering the strength and credibility of such a plan, the division shall consider whether a Community Agriculture Application includes (i) a specific proposal involving what kinds of food to grow and how to distribute or sell it; (ii) a specific proposal involving where to purchase land or other real property; (iii) evidence of community support for said proposals within the geographic membership area; (iv) information that, in the judgment of the division, indicates that the plan would be likely to succeed if it were adopted by the board of directors of a Community Agriculture Cooperative; and (v) any other information that the division lawfully and appropriately deems relevant.
(b) When the division approves a Community Agriculture Application, the division shall assist the applicant in filing the necessary paperwork to incorporate a nonprofit corporation in the commonwealth that shall serve as the Community Agriculture Cooperative.
(c) When the division approves a Community Agriculture Application, the division shall assist the applicant in creating a bank account for the Community Agriculture Cooperative to use and into which the Community Agriculture Grant may be deposited.
Section 10. No part of a geographic membership area may overlap with any Census Tract for which the median household income, as calculated by the US Census Bureau, exceeds 90 percent of the statewide median household income, as calculated by the US Census Bureau.
Section 11. A Community Agriculture Cooperative may not purchase land or real property on which to grow community food if that land or real property is more than one mile from the closest point within the geographic membership area.
Section 12. (a) The division shall establish a clear and convenient system with which a Community Agriculture Cooperative, by and through its agents, can record all purchases it makes with funds, in whole or in part, from a Community Agriculture Grant.
(b) A Community Agriculture Cooperative, by and through its agents, must record every purchase it makes with funds, in whole or in part, from a Community Agriculture Grant, within seven days of making such purchase.
(c) On the first day of each calendar month, a Community Agriculture Cooperative shall notify the division of any purchases that it made in the previous calendar month with funds, in whole or in part, from a Community Agriculture Grant.
(d) The division shall not require a Community Agriculture Cooperative to obtain consent from the division to make purchases with funds from a Community Agriculture Grant, before those purchases have been made.
(e) At any time, the division, its agents, and its employees shall have the right to inspect the records, bank statements, and premises of a Community Agriculture Cooperative to ensure compliance with the regulations established by this chapter.
(f) Minor violations may not be punished.
(g) Major violations may be punished in either or both of the following ways: (i) the commissioner may punish major violations by claiming the remaining, unspent money from a Community Agriculture Grant or claiming ownership over any items, tools, land, real property, or equipment that was purchased entirely with money from a Community Agriculture Grant; (ii) the commissioner may punish major violations by requiring any individual or group of individuals to resign from the Board of Directors and to schedule an election to fill the resultant vacancies on the Board of Directors.
Section 13. (a) The division shall create and publish Community Agriculture Standards, including, but are not limited, to: (i) minimize, to the greatest extent feasible and appropriate, the use of chemical fertilizers; (ii) minimize, to the greatest extent feasible and appropriate, the use of chemical pesticides; (iii) minimize, to the greatest extent feasible and appropriate, the use of chemical herbicides; (iv) minimize, to the greatest extent feasible and appropriate, the frequency with which soil is tilled; (v) minimize, to the greatest extent feasible and appropriate, the number of inches that tilling extends into the soil; and (vi) maximize, to the greatest extent feasible and appropriate, the use of polyculture.
(b) The division shall amend the Community Agriculture Standards when appropriate.
(c) The division shall develop regulations to ensure that community food is grown in soil that does not contain dangerous levels of lead or any other toxin.
(d) If community food is grown directly in the ground, the ground soil must be tested first to ensure that it does not contain dangerous levels of lead or any other toxin.
Section 14. (a) The division shall hire not less than two Technical Assistance Experts with direct experience with agricultural production that does not rely on chemical fertilizers, chemical pesticides, or chemical herbicides. No fewer than one of the Technical Assistance Experts will have direct experience with indoor agricultural production.
(b) The Technical Assistance Experts shall be available to help members of Community Agriculture Cooperatives, answer their questions, and offer guidance regarding agricultural production.
(c) At least one Technical Assistance Expert shall speak English and any other language spoken by at least 10 percent of the Massachusetts population.
(d) Technical Assistance Experts must be hired as full time employees of the division.
(e) Technical Assistance Experts must receive an annual salary that is not less than 140 percent of the statewide per capita income, as calculated by the United States Census Bureau.
(f) Technical Assistance Experts must receive health insurance, dental insurance, at least two weeks of paid vacation time, and at least one paid sick day off of work for every 20 days in which they work more than 6 hours.
Section 15. The division shall have the power to promulgate any administrative rules and adjudicate any administrative hearings which are appropriate to implementing this chapter.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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An Act assessing environmental justice in designated port areas
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H856
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HD3994
| 193
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{'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-01-20T15:58:13.377'}
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[{'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-01-20T15:58:13.3766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H856/DocumentHistoryActions
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Bill
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By Representative Madaro of Boston, a petition (accompanied by bill, House, No. 856) of Adrian C. Madaro that the Secretary of Energy and Environmental Affairs establish a special board to identify and assess the cumulative social, economic and public health impacts of permissible land uses and water uses within designated port areas in environmental justice communities. Environment and Natural Resources.
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The secretary of energy and environmental affairs shall establish a special board (“the board”) to identify and assess the cumulative social, economic and public health impacts of permissible land uses and water uses within designated port areas in environmental justice communities as defined in Section 56 of Chapter 8 of the Acts of 2021.
The board shall have five members. The members shall include: the secretary or a designee; 1 member appointed by the governor with expertise in waterfront development; 1 member appointed by the senate president with knowledge or experience with public health and the environment; 1 member appointed by the speaker of the house of representatives with knowledge or experience with environmental justice, climate change, disaster preparedness, or racial inequity; 1 member appointed by the senate minority leader; and 1 member appointed by the house minority leader.
The board shall identify and assess: (i) the prevalence of environmental hazards within designated port areas in environmental justice communities; (ii) the cumulative public health impacts of common environmental hazards found within designated port areas in environmental justice communities; and (iii) current and historic economic trends associated with marine industry and water-dependent uses within designated port areas in environmental justice communities, including but not limited to: (a) workforce and employment trends, (b) trends in revenue generation for the Commonwealth and localities that host designated port areas, and (c) any public expenses incurred to attract, maintain and develop permissible land uses and water uses within designated port areas.
The board shall make recommendations on budgetary, regulatory and statutory actions to mitigate any adverse impacts associated with marine industry and water-dependent uses within designated port areas in environmental justice communities.
The board shall submit its findings and recommendations to the secretary, the clerks of the senate and the house of representatives, and the joint committee on environment, natural resources, and agriculture within 90 days after the passage of this act.
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An Act to reform the Toxic Use Reduction Act
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H857
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HD3265
| 193
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{'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-01-17T13:08:59.383'}
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[{'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-01-17T13:08:59.3833333'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-03-22T16:39:24.8566667'}]
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Bill
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By Representative Mahoney of Worcester, a petition (accompanied by bill, House, No. 857) of John J. Mahoney for legislation to further regulate toxic use reduction plans. Environment and Natural Resources.
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Section 11(A)(1) of chapter 21I of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence: “On a schedule to be established by the department, but no more frequently than once every six years or when a new toxic substance is first used at a facility, and in either case on an even-numbered year, each large quantity toxics users shall prepare and complete a toxics use reduction plan for each facility for which they are required to file a report in that year.”
Section 11(D) of chapter 21I of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words “by July 1, two years after the first plan, and then according to the schedule specified by the department” and inserting in place thereof “by July 1, two years after the first plan, and then every six years”.
Section 11(F) of chapter 21I of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence: “Large quantity toxics users shall file a plan summary with the department on or before July 1 of the year in which a toxics use reduction plan is due.”
Section 12(C) of chapter 21I of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence: “Certification shall be for not more than six years and shall be renewable for additional six year periods.”
Section 12(C) of chapter 21I of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after the last sentence the following sentences: “The continuing education requirement for initial recertification and renewal shall not exceed 45 hours per certification period for individuals certified pursuant to subsection 12(A). The continuing education requirement for initial recertification and renewal shall not exceed 36 hours per certification period for individuals certified pursuant to subsection 12(B). The continuing education requirement for subsequent recertification and renewal shall not exceed 36 hours per certification period for individuals certified pursuant to subsection 12(A). The continuing education requirement for subsequent recertification and renewal shall not exceed 30 hours per certification period for individuals certified pursuant to subsection 12(B).”
Section 19 of chapter 21I of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after new subsection (I) the following subsection:
(J) The requirements to pay any fees under this Section 19 shall not be applicable to any use of a toxic substance that is mandated by law, regulation, drug or other product registration, design specification of a United States governmental authority including, but not limited to, the United States Armed Services, Department of Homeland Security or other similar United States Governmental authority, or any other legally enforceable requirement.
A toxics user shall demonstrate the applicability of the exemption by providing an affidavit identifying, to the extent permitted under applicable national security and confidentiality requirements, the governmental body whose law, regulation, registration or specification requires the use of the toxic substance.
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An Act establishing a deer population control commission
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H858
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HD3228
| 193
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{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-20T11:01:02.807'}
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[{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-20T11:01:02.8066667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-28T23:05:35.3066667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-23T09:47:03.46'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-23T10:29:34.7333333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T17:01:39.1733333'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-25T10:23:54.0233333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:43:17.79'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-20T19:09:11.4433333'}]
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Bill
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By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 858) of Christopher M. Markey and others for an investigation and study by a special commission (including members of the General Court) relative to deer population control. Environment and Natural Resources.
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Notwithstanding any general or special laws to the contrary, there shall be established a commission called the deer population control commission, hereinafter referred to as the commission, for the purpose of identifying best practices and methods for controlling the deer population in Bristol, Plymouth, Barnstable, Berkshire, Hampden, Worcester, Franklin, and Hampshire Counties.
The commission shall be made up of 8 members: 1 member of the Senate, whom shall be appointed by the Senate President; 1 member of the House of Representatives, whom shall be appointed by the Speaker of the House of Representatives; 1 member representing local Rod and Gun Clubs, who shall be appointed by the Massachusetts Bow Hunters Association; 1 member representing the Massachusetts Department of Agriculture, who shall be appointed by the Secretary of the Department of Agricultural Resources; 1 member representing the Massachusetts Department of Fish and Wildlife, who shall be appointed by the Commissioner of the Department of Fish and Wildlife; 1 licensed automobile insurance broker representing the insurance industry, who shall be appointed by the Massachusetts Association of Insurance Agents.
The commission shall recommend best practices for controlling the Commonwealth’s deer population and methods for assisting farmers in preventing and combating property damage caused by deer. The commission shall file its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, with the Clerks of the Senate and the House of Representatives, and the chairs of the Joint Committee on Environment, Natural Resources and Agriculture no later than March 1, 2024.
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An Act relative to the Douglas State Forest Maintenance Trust Fund
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H859
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HD315
| 193
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{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T21:09:36.803'}
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[{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T21:09:36.8033333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-16T10:11:21.62'}]
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Bill
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By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 859) of Joseph D. McKenna and Ryan C. Fattman for legislation relative to the Douglas State Forest Maintenance Trust Fund. Environment and Natural Resources.
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Section 35BBB of chapter 10 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the figure “$1” and inserting in place thereof the following figure:- “$5”
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Resolve establishing a special commission to review advancements in educational technology, digital/online learning and related programs
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H86
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HD3197
| 193
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{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T12:04:28.547'}
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[{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T12:04:28.5466667'}]
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Resolve
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By Representative Walsh of Peabody, a petition (accompanied by resolve, House, No. 86) of Thomas P. Walsh for an investigation by a special commission relative to advancements in educational technology, digital and online learning, and related programs. Advanced Information Technology, the Internet and Cybersecurity.
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Resolved, to establish a special commission to review advancements in educational technology, digital/online learning and related programs in order to provide the Administration, the Legislature, Municipalities and all other interested parties with the most current research and information concerning educational technology and content to assess the feasibility of state, local and private educational systems adopting, implementing or integrating current technology to enhance and improve the educational experience for students and educational professionals while reducing costs for the citizens of the Commonwealth.
WHEREAS there have been exceptional advancements and innovation with educational technology in recent years, and
WHEREAS the current pandemic has demonstrated the need to upgrade the methodology of providing educational instruction and innovation to insure that our citizens and educational professionals are properly served, and
WHEREAS it is necessary that our public officials and educational professionals to have the best possible information about the available resources to adequately provide educational opportunities for all of their constituents and particularly the underserved populations. It is hereby
Resolved, that a special commission be established to review advancements in educational technology, digital/online learning and related programs in order to provide the Administration, the Legislature, Municipalities and all other interested parties with the most current research and information concerning educational technology and content to assess the feasibility of state, local and private educational systems adopting, implementing or integrating improved technology to enhance the educational experience for students and educational professionals and reduce costs for the citizens of the Commonwealth.
The commission shall consist of 9 members as follows: the secretary of technology services and security, the chairman of the board of higher education, the chair of the board of elementary and secondary education, or their designee(s) and 6 members appointed by the governor: one of whom shall represent either umass online or mass colleges online, one of whom shall be from the Association of Independent Colleges and Universities in Massachusetts, two of whom shall be representatives of digital learning technology and content companies , two of whom shall be a representatives of U.S. -based, large technology companies with a significant component in educational technology who have a business presence in the Commonwealth.
In addition to an analysis of the technology the commission shall address issues such as improving access to underserved populations, public/private partnerships, cost containment and the integration of educational technology in non-traditional venues.
Appointments to the commission shall be made within 30 days of the Governor’s approval of this Resolve.
The commission shall report to the Governor and the general court the results of its study and recommendations by filing the same with the Governor and the clerk of the house of representatives within 180 days of the appointments to the Commission.
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An Act eliminating the handgun prohibition while hunting
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H860
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HD2947
| 193
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{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-19T11:16:07.807'}
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[{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-19T11:16:07.8066667'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-03-02T12:15:29.1666667'}]
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Bill
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By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 860) of Joseph D. McKenna and Kelly W. Pease for legislation to eliminate the handgun prohibition while hunting. Environment and Natural Resources.
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Section 1, Section 67 of Chapter 131 of the Massachusetts General Laws, as appearing in the 2020 Official Edition, shall be amended by deleting the section in its entirety.
SECTION 2. Section 70 of Chapter 131 of the Massachusetts General Laws, as appearing in the 2010 Official Edition, shall be amended by deleting the section in its entirety.
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[]
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[]
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An Act relative to maintaining adequate water supplies through effective drought management
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H861
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HD1557
| 193
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{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-09T11:25:09.587'}
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[{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-09T11:25:09.5866667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-27T11:13:04.8433333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-15T15:43:15.0266667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-26T08:45:13.3133333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-03-28T16:06:58.4666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T13:36:07.41'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-16T06:33:04.8933333'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-03-15T13:48:30.26'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-03-01T12:14:02.6666667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T11:52:01.61'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-07T08:18:30.3333333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-23T17:38:50.6233333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-24T13:01:24.1633333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-24T00:16:30.33'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-25T17:23:01.1766667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-28T18:09:24.9566667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:12:56.0366667'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-02-13T13:52:53.23'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T09:56:37.8733333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-25T23:08:14.6933333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-06T15:54:37.8266667'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-03-29T09:25:51.9233333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T09:28:27.73'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-26T13:32:48.5766667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-24T15:27:17.67'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T10:13:23.13'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-24T15:59:25.9666667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-03-15T13:39:32.1433333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-05-18T14:21:51.1233333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-03T10:59:16.1433333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T15:10:16.1366667'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-31T08:15:56.0633333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-02T17:19:11.0733333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-22T12:45:52.78'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-25T17:31:31.6466667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T11:12:06.4766667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-03-15T10:44:49.9866667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-27T10:02:25.5933333'}]
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Bill
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By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 861) of Joan Meschino and others relative to maintaining adequate water supplies through effective drought management. Environment and Natural Resources.
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Chapter 21A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 2A the following section:-
Section 2B.
(a) There shall be established within the office the drought management task force. The secretary and the director of the Massachusetts emergency management agency shall appoint to the task force officials from state agencies and professional organizations with responsibility for areas likely to be affected by drought conditions; representatives of agencies that provide data used to assess drought conditions or that have the ability to respond to drought conditions; and public health and safety and environmental professionals, and may invite officials from federal agencies to participate. The secretary and the director shall have joint responsibility for coordinating the task force. The task force shall meet at least quarterly, but it shall meet at least monthly during drought. The task force shall be staffed by a director appointed by the secretary.
(b) The task force shall assist in collecting and assessing technical information, facilitating coordination and communication among task force members, agencies and the public, and provide recommendations to the secretary, the secretary of public safety and security and the governor on the level of drought and responses thereto. The task force shall also make recommendations for the end of drought, or reduction of the drought level.
(c) The task force shall maintain and periodically update a statewide drought management plan that addresses preparedness and response to drought conditions and protects public health, public safety, and the environment. The task force may update the statewide drought management plan at any time; provided, that the plan shall be updated at least every 5 years.
(d) The secretary may order water conservation measures, including limits on nonessential outdoor water use, based on the severity of drought in drought regions to protect public health, safety or the environment. Such water conservation measures by the secretary shall apply uniformly to all water users within a drought region.
(e) Notwithstanding section 27C of chapter 29 of the General Laws or any ordinance, by-law, rule or regulation to the contrary, cities and towns shall enforce, water conservation restrictions issued by the secretary to the fullest extent permitted by law.
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An Act relative to protecting coastal communities
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H862
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HD382
| 193
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{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-11T15:07:20.747'}
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[{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-11T15:07:20.7466667'}]
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Bill
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By Representative Mirra of Georgetown, a petition (accompanied by bill, House, No. 862) of Lenny Mirra relative to protecting coastal communities. Environment and Natural Resources.
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SECTION 1. Section 40 of Chapter 131 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "section", in line 493, the following:- “provided, that when establishing such regulations, the commissioner shall permit the construction of a coastal engineering structure, as defined by 310 CMR 10.23, on coastal dunes when an emergency or exigent situation occurs, as determined by the commissioner.”
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An Act relative to proper disposal of products containing PFAS
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H863
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HD389
| 193
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{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-11T14:36:32.777'}
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[{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-11T14:36:32.7766667'}]
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Bill
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By Representative Mirra of Georgetown, a petition (accompanied by bill, House, No. 863) of Lenny Mirra relative to regulations requiring the proper disposal of products containing per- and polyfluoroalkyl substances. Environment and Natural Resources.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new section:
Section 243. The department of environmental protection shall be charged with outlining the best practices and recommended regulations for the proper disposal of products containing per- and polyfluoroalkyl substances across the commonwealth.
The department shall review known locations of per and polyfluoroalkyl substances detection and create response plan strategies; identify the sources of per- and polyfluoroalkyl substances contamination and exposure pathways that pose the greatest risk to public health and the environment; and examine and estimate the cost to mitigate per- and polyfluoroalkyl substances contamination in known locations across the commonwealth.
The department shall file a report of its recommended regulations and its findings, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the senate and the house of representatives no later than one year after the passage of this act.
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An Act relative to clean lakes and waterways in the commonwealth
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H864
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HD2476
| 193
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{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-11T14:37:33.66'}
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[{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-11T14:37:33.66'}]
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Bill
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By Representative Mirra of Georgetown, a petition (accompanied by bill, House, No. 864) of Lenny Mirra relative to establishing a special commission (including members of the General Court) to study and determine the maintenance and upkeep needs of lakes, ponds, streams and other public waterways. Environment and Natural Resources.
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SECTION 1. (a) Notwithstanding any general or special law to the contrary, there is hereby established a special commission to study and determine the maintenance and upkeep needs of lakes, ponds, streams and other public waterways in the commonwealth. The commission shall review said public waterways through a standardized evaluation criteria established by the commission.
The commission shall consist of: the commissioner of the department of environmental protection, or their designee; the commissioner of the department of conservation and recreation or their designee; one member to be appointed by the Massachusetts water resources authority; one member to be appointed by the speaker of the house; one member to be appointed by the minority leader of the house; one member to be appointed by the senate president; one member to be appointed by the senate minority leader; and two members to be appointed by the governor.
The commission shall file a report of its recommended regulations and its findings, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the senate and the house of representatives no later than one year after the passage of this act.
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An Act relative to the use of shotguns
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H865
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HD805
| 193
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{'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-17T13:22:45.397'}
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[{'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-17T13:22:45.3966667'}]
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By Representative Muradian of Grafton, a petition (accompanied by bill, House, No. 865) of David K. Muradian, Jr., relative to the promulgation of regulations by the Director of Fisheries and Wildlife within the Department of Fisheries, Wildlife and Environmental Law Enforcement for the use and possession of shotgun ammunition types for the purposes of hunting. Environment and Natural Resources.
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SECTION 1. Section 66 of chapter 131 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking the section in its entirety and replacing it with the following:-
"Section 66. The director, under the control of the board, may promulgate regulations for the use and possession of shotgun ammunition types for the purposes of hunting."
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An Act relative to critical wildlife habitat management
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H866
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HD806
| 193
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{'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-17T13:23:32.65'}
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[{'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-17T13:23:32.65'}]
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Bill
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By Representative Muradian of Grafton, a petition (accompanied by bill, House, No. 866) of David K. Muradian, Jr., for legislation to establish a wildland acquisition account from monies received from the sale of wildland conservation stamps. Environment and Natural Resources.
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SECTION 1. Section 2A of Chapter 131 of the Massachusetts General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the section in its entirety and inserting in place thereof the following:-
Section 2A. There is hereby established within the Inland Fisheries and Game Fund, a wildland acquisition account which shall be credited monies received from the sale of wildland conservation stamps, the portion of the fees for sporting, fishing, trapping and hunting licenses to be credited under the provisions of section 2C, contributions thereto and any grant monies from the federal government or other public and private sources.
Said account, subject to appropriation, shall be used only for the purchase of land containing wildlife habitat and for costs directly related to the administration of the wildlands stamp program.
Two dollars and fifty cents from the sale of wildlands conservation stamp shall be dedicated to habitat management on lands managed by the division of fisheries and wildlife.
The director may contract with the seller of wildlands for installment payments provided that the total of all such installment payments does not exceed seventy-five percent of the previous year's income to the wildlands acquisition account. Acquisition of all lands so purchased shall be made with the advice and consent of the fisheries and wildlife board. All such lands shall be acquired exclusively for protection and management of wildlife habitat and shall be available for fishing, trapping, and hunting.
SECTION 2. Section 13A of Chapter 131 of the Massachusetts General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the section in its entirety and inserting in place thereof the following:-
Section 13A. Except as hereinafter provided, no person shall fish, trap, or hunt in the commonwealth, or utilize any lands managed by the division of fisheries and wildlife without first having obtained a wildlands conservation stamp, which shall be issued by the director or his duly authorized agent upon the payment of seven dollars and fifty cents; provided, however, that persons who are exempted from licensing requirements need not purchase such a stamp; provided, further, that persons issued fishing, sporting, trapping, or hunting licenses without charge shall be issued said stamp without charge; and provided, further, that no person who has purchased a stamp with any current resident license to fish, trap, or hunt shall be required to pay the fee for a wildlands conservation stamp for any additional current license or any duplicate license. The director is hereby authorized to issue stamps in such form as he may prescribe and may issue rules and regulations necessary for the implementation of this section. The stamp may be imprinted directly on fishing, sporting, trapping, or hunting licenses or issued separately at the discretion of the director.
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An Act to study the feasibility of creating and implementing a gypsy moth spraying program
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H867
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HD240
| 193
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{'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-10T14:24:45.703'}
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[{'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-10T14:24:45.7033333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-06T16:45:41.4966667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T15:47:05.54'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-30T11:53:02.6633333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T14:41:42.1533333'}]
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Bill
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By Representative Muratore of Plymouth, a petition (accompanied by bill, House, No. 867) of Mathew J. Muratore and others for an investigation by a special commission (including members of the General Court) to study the feasibility of creating and implementing a gypsy moth spraying program. Environment and Natural Resources.
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SECTION 1. Notwithstanding any general or special law to the contrary, there shall be a special commission, to study and report on the feasibility of creating and implementing a gypsy moth spraying program. The scope of the commission shall include, but not limited to: researching, evaluating and developing recommendations related to establishing the policy and procedures for the control of the spread of the gypsy moth population in the commonwealth; studying current regulations in Massachusetts and from other states and countries related to the spraying of pesticides and neonicotinoids; identifying adequacy of funding for efforts to implement a gypsy moth spraying program; and identifying the economic, environmental and public health benefits and costs of such program.
The special commission shall consist of: the secretary of energy and environmental affairs, or a designee; the commissioner of environmental protection, or a designee; 3 members who shall be appointed by the governor-1 member of the senate to be appointed by the senate president, 1 member of the house of representatives to be appointed by the speaker, 1 member of the senate appointed by the senate minority leader.
The special commission shall submit its final report of the findings and recommendations together with drafts of legislation to implement those recommendations by filing the same with the executive office of energy and environmental affairs; the department of environmental protection; the joint committee on environment, natural resources and agriculture; and the clerks of the senate and the house no later than 1 year after the passage of this bill.
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An Act relative to further testing after a CSO event
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H868
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HD631
| 193
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{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T19:37:54.713'}
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[{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T19:37:54.7133333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T15:13:34.89'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T11:50:21.3'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-04-11T08:11:32.7533333'}]
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Bill
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By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 868) of Tram T. Nguyen, Margaret R. Scarsdale and Vanna Howard relative to further testing after combined sewage overflow events. Environment and Natural Resources.
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SECTION 1. Section 43A of chapter 21 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (f) the following subsection:-
(f½) The department, in consultation with the department of public health, shall establish quality assurance project plan standards for the testing of water bodies and waterways for bacteria or other pollutants following a discharge from a permittee’s combined sewage overflow outfall.
Subject to appropriation, testing shall be conducted by the department, or its designee, using the department’s quality assurance project plan, within a reasonable amount of time after a combined sewage overflow notification as determined by the department based on the time elapsed since the combined sewage overflow and the flow rate of the river. Testing shall be conducted at multiple locations downstream from each combined sewage overflow outfall. Testing may be suspended December through March based on weather conditions as determined by the department.
The department shall compile the data from each combined sewage overflow and produce a report in November of each year. The department, in consultation with the department of public health, shall use this data to create a predictive model for post-combined sewage overflow water quality.
The department shall use the data to determine areas with high bacteria content and shall require any permittee with bacteria content over 235 colony forming units per 100 milliliters to develop a combined sewage overflow mitigation plan, which the department shall be in charge of approving. Permittees developing an approved mitigation plan shall be prioritized in state storm water funding.
SECTION 2. Subsection (g) of said section 43A of said chapter 21, as so appearing, is hereby further amended by striking the first 2 paragraphs and inserting in place thereof the following paragraph:-
Subject to appropriation, the department shall: require permittees to report the volume of discharge from its outfall; assist permittees with installing accurate metering equipment to measure discharge from its outfall; and issue public advisories within timeframes established by subsections (c) and (d).
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An Act establishing the municipal reforestation program
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H869
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HD970
| 193
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{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-11T09:56:45.833'}
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[{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-11T09:56:45.8333333'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-19T11:21:01.0966667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-19T08:54:56.1566667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-08T15:47:28.4966667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-05-08T16:20:16.9733333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-25T10:22:06.51'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-06T16:15:50.9966667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T10:18:04.7866667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-07T15:08:29.4566667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-10-10T16:08:29.88'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-12T16:57:59.4733333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:17:09.2866667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-20T16:45:17.6233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-05-25T19:41:01.1'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-05-17T14:35:04.2566667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T20:40:01.2633333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-04T14:30:34.6566667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T00:15:14.5233333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T15:35:22.1333333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-03T15:44:39.36'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T10:13:04.9033333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-22T10:18:24.42'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-05-05T15:01:17.1733333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-20T12:12:27.94'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-05-08T14:11:49.95'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-04-05T15:25:35.5433333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-06-15T11:57:27.1366667'}]
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{'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-12T11:43:58.043'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H869/DocumentHistoryActions
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Bill
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By Representatives Owens of Watertown and Armini of Marblehead, a petition (accompanied by bill, House, No. 869) of Steven Owens, Jennifer Balinsky Armini and others for legislation to establish a municipal reforestation program within the Executive Office of Energy and Environmental Affairs. Environment and Natural Resources.
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SECTION 1. Chapter 21A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 28. (a) There shall be established an advisory council under the executive office of energy and environmental affairs, known as the urban forest advisory council. Members shall be appointed by the secretary from public, private, and nongovernmental organizations with expertise in urban forestry, arboriculture, landscape architecture, green infrastructure, demand-side energy efficiency management, and climate change resilience and mitigation. Such members may include representatives from the following: (i) municipal arboriculture or tree warden association; (ii) arboriculture or nursery industry association; (iii) urban landscape architecture association; (iv) demand-side energy efficiency management; (v) green infrastructure and climate change resilience and mitigation; (vi) nonprofit organization with experience in planting trees; (vii) environmental organization with expertise in energy conservation, energy efficiency, or green infrastructure building practices; (viii) local affordable housing or community development organizations; (ix) workforce development programs; (x) municipal departments of public works responsible for roads, water mains, sewers, and utility infrastructure; (xi) researchers with expertise in data collection related to natural resources, energy management, and climate change indicators; (xii) gas company infrastructure; (xiii) electric company infrastructure; (xiv) nonprofit transportation organizations with expertise in clean transportation; (xv) nonprofit organizations with expertise in municipal finance; (xvi) the Metropolitan Area Planning Council, other regional planning agencies, and the Massachusetts Municipal Association; (xvii) small business associations; (xviii) organized labor associations; (ix) municipal tree committees; (xx) officials from the department of conservation and recreation, the department of environmental protection, and the department of transportation; (xxi) agricultural high schools; (xxii) federally recognized and state acknowledged tribes within the commonwealth; and (xxiii) the University of Massachusetts Amherst Center for Agriculture, Food, and the Environment.
(b) (1) The secretary shall convene the council to provide advice and technical assistance to participating municipalities, tree-planting organizations, municipal arborists, state foresters, gas and electric companies, and the department of transportation to ensure sufficient technical expertise and oversight in the implementation of the municipal reforestation program, pursuant to chapter 21P. The council shall use science-based guidelines to determine urban tree canopy cover, for siting trees and to determine optimum native tree species to ensure adequate root development and to achieve maximum reduction in consumer energy demand and removal of greenhouse gas emissions while causing minimal disruption to public infrastructure. The council shall develop guidelines to the secretary for approving plans submitted by municipalities pursuant to chapter 21P, and shall advise the secretary on the merits of such plans, including recommendations for improvement and approval. The council shall develop and disseminate model tree retention ordinances and by-laws and other model ordinances and by-laws that result in the preservation and expansion of tree canopy and make them available to public on the website of the executive office of energy and environmental affairs. The secretary shall provide such resources, expertise, and administrative support as necessary for the advisory council to carry out its duties and responsibilities.
(2) The technical advice provided by the advisory council shall include, but is not limited to: (i) approved tree lists, emphasizing the use of hardy, noninvasive and native tree species that can thrive in the urban environment and the changing climate, and tree species that are favored by pollinators and birds; (ii) specifications for planting, installation, and maintenance, including guidelines for planting trees, size and species of trees, soil volume and supplements, and minimum distances between newly planted trees and existing infrastructure, including utility infrastructure; (iii) instructions for sufficient watering and for long-term maintenance to be provided by recipients of trees to ensure survival of such trees; (iv) technical planning assistance to municipalities and tree-planting organizations; (v) procedures for inspection and quality control, including inspection for pests and diseases; (vi) procedures for monitoring and collecting data on tree health and survival; (vii) procedures for collecting data on energy conservation and climate mitigation benefits from the municipal reforestation program; (viii) recommendations for workforce development and job training programs on planting, maintenance, and preservation of urban forests, including collaboration with secondary and higher education vocational programs; and (ix) any other technical advice as required by the secretary, in consultation with the department of environmental protection, the department of conservation and recreation, the department of public utilities, and the department of transportation.
(c) The secretary and the urban forest advisory council, in consultation with the department of environmental protection shall develop quantitative and qualitative measures for valuing the contribution that an urban tree canopy cover makes to mitigate the effects of climate change, including removal of greenhouse gas emissions, energy conservation, reduction of heat island effect, storm water management, drought mitigation, air quality improvement, carbon sequestration, and benefits to human health, using the best available scientific metrics and technology. Such measures may be updated as necessary to reflect current scientific research.
SECTION 2. The General Laws are hereby amended by inserting after chapter 21O the following chapter:-
CHAPTER 21P
MUNICIPAL REFORESTATION PROGRAM
Section 1. (a) As used in this chapter, the following words, unless the context clearly requires otherwise, shall have the following meanings:-
“Participating municipality”, each municipality in the commonwealth except those with both a population of fewer than 10,000 residents and tree canopy cover of at least 60 percent; provided, that a municipality with both a population of fewer than 10,000 residents and tree canopy cover of at least 60 percent shall have the option to become a participating municipality by a majority vote of the city or town council, by a majority vote of the board of selectmen or by resolution of its legislative body, as may be appropriate; and provided further, that a federally recognized or state acknowledged tribe within the commonwealth shall have the option to be considered a participating municipality by a majority vote of its tribal council or by resolution of its legislative body, as may be appropriate.
“Plan”, the municipal reforestation plan.
“Program”, the municipal reforestation program.
“Secretary”, the secretary of energy and environmental affairs.
“Urban tree canopy cover”, the surface area of the land covered by the combined leaves, branches, and trunks of all standing trees in a given area when viewed from above.
(b) (1) The secretary, in consultation with the secretary of transportation, shall establish a municipal reforestation program to allow participating municipalities access to funding and technical assistance to plant and replace trees as well as maintain and preserve healthy trees within the borders of their communities.
(2) The purpose and goals of the program include, but are not limited to: (i) removing carbon dioxide emissions from the transportation sector within the municipalities of the commonwealth through carbon sequestration provided by trees; (ii) improving public health by mitigating harmful effects of excessive heat and cold; (iii) improving air quality by reducing levels of particulate pollution in neighborhoods with low urban tree canopy cover; (iv) strengthening climate resilience by strategically incorporating trees into urban green infrastructure projects; (v) promoting community, economic, and workforce development by incorporating green infrastructure into municipal transportation infrastructure and community planning; (vi) recognizing trees as a key state-wide investment in transportation infrastructure and workforce development in order to meet the mandates pursuant to chapter 21N; (vii) prioritizing the inclusion of green, sustainable infrastructure in the development of transportation infrastructure; (viii) prioritizing the expansion and preservation of the urban tree canopy cover in environmental justice neighborhoods, including expanding parks and open spaces; (ix) providing equitable access to funding for rural and urban neighborhoods for opportunities to develop green infrastructure; (x) maintaining the health of newly planted and existing trees in the urban environment by providing funding for maintenance and for inspection for pests and diseases; (xi) prioritizing the expansion and preservation of the urban tree canopy cover in municipalities to achieve a tree canopy cover of at least 60 percent, where feasible.
Section 2. (a) The urban forest advisory council, pursuant to section 28 of chapter 21A, in consultation with the secretary of energy and environmental affairs, the secretary of transportation, and the secretary of administration and finance, shall establish a formula for the disbursement of funding for the program to each participating municipality in the commonwealth. Variables and weighted proportions of the formula shall include, but not be limited to: (i) the total number of road mileage within the participating municipality; (ii) the total population of the participating municipality; (iii) the total number of employed individuals within the borders of the participating municipality; (iv) the number of environmental justice criteria the participating municipality meets, as determined by the executive office of energy and environmental affairs’ environmental justice policy; and (v) the percentage of urban tree canopy cover with a greater weighted calculation provided for neighborhoods within a participating municipality having a tree canopy cover of 20 percent or less.
(b) All costs incurred by the secretary and the participating municipalities for the planning, implementation and maintenance of the program shall be covered by section 3 of this act. Funds shall be annually distributed to each municipality, pursuant to said section 3, no later than August 1st and shall take effect 3 years following enactment of this act.
(c) Each participating municipality shall report annually to the secretary on the status of the plan and the projects that were completed within the fiscal year and the plans for the following year.
Section 3. (a) (1) Each participating municipality shall develop a municipal reforestation plan within 3 years following enactment of this of act, appropriate to the size and needs of the municipality. In developing a plan, participating municipalities shall follow the guidelines developed by the urban forest advisory council established under section 28 of chapter 21A and any other guidelines as determined necessary by the secretary. Participating municipalities may solicit the technical advice and assistance from the urban forest advisory council, the department of transportation, the department of conservation and recreation, the department of environmental protection, nonprofit tree-planting organizations, nonprofit transportation organizations; provided, however that such technical advice and assistance is consistent with the guidelines developed by the urban forest advisory council. The secretary shall make available other resources as needed by a participating municipality to facilitate the development of its plan at no additional cost to the participating municipality. The plan created by a participating municipality shall be broken down into projects to be completed by the participating municipality and shall follow the project completion prioritization requirements of this section.
(2) The plan shall include, but not be limited to: (i) an inventory of the participating municipality’s existing tree canopy cover, using established scientific protocols for determining tree canopy cover, such as geographical information systems; (ii) an analysis to determine the optimal sites for planting trees to achieve the goals the program, using established scientific protocols for site selection; (iii) the current condition of the tree canopy cover of the neighborhood where the projects will be located; (iv) how the tree species proposed to be planted are suitable for the specific sites taking into account local environmental conditions; (v) the expected benefits from expansion of the tree canopy cover on energy consumption, heat island effect, wind reduction, storm water runoff, drought mitigation, and other consequences related to climate change; (vi) the expected benefits from expansion of the tree canopy cover on public health; (vii) plans to maintain and provide follow-up care following the planting of trees; (viii) plans to engage community residents in the planting and maintenance of the trees, including workforce development programs; (viiii) the relationship of the project to any municipal vulnerability preparedness program; (x) plans to promote the preservation of existing tree canopy; (xi) a timeline for completion for each project within the plan while ensuring equitable project prioritization of projects for environmental justice neighborhoods when attainable; (xii) certification that tree pits are free of methane leaking from gas pipeline infrastructure; and (xiii) any other information as may be required by the secretary. Plans shall be submitted to the secretary to be certified ensuring the plans meet the required criteria of this section.
(3) Trees planted under a certified plan may be planted in public rights of way, public parks, and on private residential and commercial property, provided that priority for project completion shall be given to: (i) sites in neighborhoods with low tree canopy cover with first priority given to sites with less than 20 percent tree canopy cover; (ii) sites in neighborhoods with levels of particulate pollutants above the levels determined by the department of environmental protection and the department of public health to be hazardous to human health; (iii) sites in environmental justice neighborhoods; (iv) neighborhoods that are deemed to be heat islands; and (v) locations where passengers wait at public transit stations and bus stops and designated cool corridors for walking and bicycling. Second priority shall be given to sites with less than 40 percent tree canopy cover. Third priority shall be given to sites with less than 60 percent tree canopy cover and to sites with any other criteria determined by the secretary, in consultation with the department of environmental protection, the department of conservation and recreation, and the department of transportation. To achieve optimal tree canopy cover, trees may be planted by a participating municipality on private residential and commercial property using funds allocated under sections 2 and 3 of this act, provided, however that the cost of maintenance for such trees shall be the responsibility of the owner of such property, through written agreement between the owner of the property and the participating municipality as a condition of such owner receiving the trees.
(4) Participating municipalities shall update their plans for recertification every 5 years. In order to revise a certified plan prior to the next recertification, a participating municipality shall submit the proposed revisions to the executive office of energy and environmental affairs for approval and recertification by the secretary. The secretary may seek technical advice for reviewing such proposed revisions from the secretary of transportation and the urban forest advisory council established under section 28 of chapter 21A.
Section 4. (a) Beginning 3 years following the enactment of this act, each participating municipality shall annually submit to the secretary for approval a summary of the projects to be completed from the participating municipality’s reforestation plan within the next fiscal year and a plan for the next 4 fiscal years.
(b) The total costs of the projects shall include: (i) the cost of purchasing trees appropriate for the selected sites, including trees purchased as part of a purchasing agreement pursuant to subsection (c) of this section; (ii) the cost of planting trees; (iii) the cost of preparing the sites where trees are to be planted; (iv) the cost of infrastructure to create adequate tree pits and planting conditions, including but not limited to, water collection and water retention technologies; (v) the cost of making reasonable modifications to adjoining infrastructure; (vi) the cost of labor; (vii) the cost of community outreach and recruitment of volunteers, including any stipends provided to volunteers who agree to care for public shade trees in their neighborhoods; (viii) the cost of necessary machinery used to plant trees; (ix) the cost of maintaining trees planted under the plan, including sufficient watering and monitoring of trees planted on public rights of way, public parks, and other public property; (x) the cost for subcontractors to perform work that the applicant demonstrates to be beyond its capacity to perform; (xi) reasonable administrative costs incurred by a participating municipality in planning and implementing the project and in follow-up maintenance of the trees; and (xii) other reasonable costs as determined by the secretary. Upon the request of a participating municipality and where cost effective, the department of conservation and recreation may provide oversight project management for a project.
(c) Certified projects intending to use funding allocated under subsection (b) of section 2 of this chapter shall not exceed the participating municipality’s total funding allocation for the fiscal year.
(d) If a participating municipality submits projects for the fiscal year that exceed the participating municipality’s total funding allocation under subsection (b) of section 2 of this chapter, the secretary may certify such projects if the participating municipality submits the corresponding required financial forms, as determined by the secretary, indicating that the participating municipality has the difference of the costs of the projects acquired through cash or in-kind contributions from the participating municipality, individuals, nonprofit organizations, corporations, or other entities.
(e) Funding from public or private sources as authorized by section 9 of chapter 21A may be acquired by the secretary to finance projects to expand urban forests and the municipal reforestation program. The secretary shall seek any federal funding that is available to support urban forests and the municipal reforestation program and the urban forest advisory council shall assist municipalities, nonprofit organizations, regional planning agencies, and other eligible entities in identifying and applying for any federal funding that is available to support urban forests and the municipal reforestation program.
(f) Participating municipalities, when feasible, shall prioritize purchasing trees that are planted for projects financed under their municipal reforestation plans from nurseries located in the commonwealth. A participating municipality may enter into a purchasing agreement with another participating municipality, a regional group of participating municipalities, a regional planning agency, or with the department of conservation and recreation to purchase in bulk trees to be planted under their municipal reforestation plans and other tree planting programs under the authority of the department of conservation and recreation; provided, however, that the trees purchased through any agreement come at a reduced cost for all entities.
(g) A participating municipality may enter into an agreement with another participating municipality, a regional group of participating municipalities, or a regional planning agency to jointly develop and implement their municipal reforestation plans, including sharing personnel or equipment or jointly contracting with another entity to perform work that the participating municipalities demonstrate to be beyond their capacity to perform.
Section 5. The secretary shall report annually, no later than October 1, on the results achieved by the municipal reforestation program to the governor and to the clerks of the house of representatives and the senate, who shall forward such report to the president of the senate, the speaker of the house of representatives, and the chairs of the house and senate committees on ways and means.
Section 6. The secretary may promulgate such rules and regulations as are necessary to administer this chapter.
SECTION 3. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 2QQQQQ the following section:-
Section 2RRRRR. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Municipal Reforestation Trust Fund, to be expended, without further appropriation, by the secretary of energy and environmental affairs for the municipal reforestation program established in chapter 21P and the urban forest advisory council established in section 28 of chapter 21A. The trust fund shall be credited with: (i) any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto; (ii) funds from public and private sources and other gifts, grants and donations; and (iii) any income derived from the investment of amounts credited to the trust fund. All amounts credited to the trust fund shall be held in trust and used solely for activities and expenditures consistent with the public purpose of the trust fund and the ordinary and necessary expenses of administration and operation associated with the trust fund. All available monies in the trust fund that are unexpended at the end of each fiscal year shall not revert to the General Fund, shall be available for expenditure in the subsequent fiscal year, and shall not be subject to section 5C.
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An Act promoting equity in agriculture
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H87
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HD498
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-13T12:34:47.207'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-13T12:34:47.2066667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-17T14:57:42.2033333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-10T10:32:22.7833333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-10T10:52:59.5266667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-27T17:48:04.4566667'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-17T11:28:56.03'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-24T17:04:46.77'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-29T14:46:56.9333333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-26T11:37:14.9433333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T13:28:02.7466667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T15:07:53.9666667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-04-04T16:07:43.74'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T19:40:17.71'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-21T08:07:30.96'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-25T16:53:07.2'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:44:45.8933333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-01T14:11:20.44'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:30:20.5666667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T09:19:45.1633333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-26T12:53:55.0033333'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-26T10:29:55.18'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T13:16:17.39'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T15:22:26.1633333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-03T12:52:39.6766667'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T15:00:56.7333333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T12:19:46.2633333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-21T16:56:07.1866667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-13T12:53:51.2333333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T18:41:15.8633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H87/DocumentHistoryActions
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Bill
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By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 87) of Natalie M. Blais and others for legislation to establish a special commission (including members of the General Court) to develop recommendations for supporting investments, policies and practices designed to promote equity in agriculture for socially disadvantaged groups. Agriculture.
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(a) There shall be a special legislative commission on agricultural equity to develop recommendations for supporting investments, policies and practices designed to promote equity in agriculture for socially disadvantaged groups in the commonwealth. For the purposes of this section, “socially disadvantaged groups” shall include people who have, or whose lineage has, been historically or systematically excluded from, or have had less access to resources and opportunities based on cultural, racial, or ethnic prejudice based on their identity as a member of a group rather than for their individual qualities. These groups include, but are not limited to, African Americans, Cape Verdeans, Hispanics, Asian Americans, Pacific Islanders, Caribbean Islanders, Native Americans and Alaskan Natives.
(b) The commission shall consist of: the commissioner of agricultural resources or a designee; the chairs of the committee on environment, natural resources and agriculture or their designees; 1 member appointed by the Massachusetts Black and Latino legislative caucus; 1 member appointed by the Massachusetts Asian legislative caucus; 2 members appointed by the Massachusetts food system legislative caucus, to be selected through an open nomination process under criteria developed by the caucus; 2 members appointed by the commissioner of agricultural resources who shall represent Buy Local organizations funded by the department; 2 members appointed by the Massachusetts Food System Collaborative; 1 member appointed by the commission on the status of African Americans; 2 members appointed by a Massachusetts-based farming association; 2 members appointed by non-profit organizations whose primary purpose is working with farmers from socially disadvantaged groups; 1 member appointed by the commission on the status of Latinos and Latinas; 1 member appointed by the commission on the status of Asian Americans and Pacific Islanders; 1 member appointed by the commission on Indian affairs; 1 member appointed by Massachusetts Farm Bureau Federation; 1 member appointed by the Massachusetts Federation of Farmers Markets; and 1 member appointed by the Center for Agriculture, Food and the Environment at the University of Massachusetts at Amherst. The appointing authorities shall appoint members knowledgeable in agriculture and who represent a diversity of knowledge of urban and rural agricultural practices and experiences. The commission shall be co-chaired by the commissioner of agricultural resources and a member of the commission chosen by the members.
(b) The commission shall investigate and study ways to increase equity in agriculture in the commonwealth, and shall prepare a report that shall include, but not be limited to, recommendations for: (i) data collection and dissemination; (ii) benchmark development and targeting areas of need; (iii) transparency for grantmaking to promote equitable access to grant programs and equitable distribution of funds; (iv) generating greater equity in the laws, regulations and other policies that regulate and support agriculture in the commonwealth, including, but not limited to, legislative, regulatory and sub-regulatory processes; (v) improving equity in the programs and services offered by the department of agricultural resources including, but not limited to, those programs regarding land access and protection, farmer technical assistance and education, marketing and others; (iv) the ongoing role of the commission or another representative body in supporting the implementation and monitoring of these equity goals; and (v) a plan for implementation, including a timeline.
(c) The department of agricultural resources shall furnish reasonable staff and other support for the work of the commission. Members of the commission may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission under procedures established by the department.
(d) The commission shall hold 3 or more public hearings in various regions of the commonwealth, including 1 in a rural area and 1 in an urban area with potential for increased urban agriculture. Not more than 18 months after the effective date of this act, the commission shall file a report on the results of its investigation and study together with its findings and recommendations, including any drafts of legislation necessary to carry out those recommendations, with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on environment, natural resources and agriculture. The report shall be posted on the website of the department of agricultural resources.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J38', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J38'}, 'Votes': []}, {'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}]
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An Act to support better commuting
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H870
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HD2789
| 193
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{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-19T09:03:34.367'}
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[{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-19T09:03:34.3666667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-01-19T16:27:51.7866667'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-02-02T12:23:22.7533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T10:19:04.53'}]
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{'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-01-19T09:03:34.367'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H870/DocumentHistoryActions
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Bill
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By Representatives Owens of Watertown and Ramos of North Andover, a petition (accompanied by bill, House, No. 870) of Steven Owens, Adrianne Pusateri Ramos and others relative to commuting trends and drive alone rates. Environment and Natural Resources.
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SECTION 1. The Massachusetts Department of Environmental Protection shall revise 310 Code of Massachusetts Regulation 7.16 as follows:
(1) Section 7.16 (1)(f) shall be amended as follows, replace ‘1,000’ with ‘250’
(2) At the end add:
“(11) beginning January 1, 2024, for the purposes of section 7.16 the term ‘affected facility’ means an employer who employs more than 250 individuals in the Commonwealth of Massachusetts”
“(12) employers who are members of transportation management associations are exempt from the requirements of section 7.16”
“(13) transportation management associations are required to submit reports for ‘affected facilities’ so long as they are members of such organization. Transportation management associations may submit consolidated reports for employers within its geographic service area”
“(14) employers and transportation management associations with drive alone rates less that 75% are only required to submit reports required by the section every two years”
Section 2 REPORTING – The Department of Environmental Protection shall consolidate reports and release to the public, at a minimum, the following information:
(1) Statewide drive alone rate
(2) Percentage of affected facilities that have drive alone rates below 75%
Section 3 INTERGOVERNMENTAL DATA SHARING – The Department of Environmental Protection shall share with the Department of Transportation all reported data and the Department of Transportation shall share any data, reports or statistics regarding commuting trends and drive alone rates within the commonwealth. The Department of Environmental Protection and the Department of Transportation shall collaborate to analyze such information on a bi-annual basis.
Section 4 CARBON REDUCTION PLAN – The Department of Transportation shall take into consideration data and information provided by the Department of Environmental Protection when developing a carbon reduction strategy as required by United States Code Title 23 Section 175(d) and as appropriate, provide funding from such program to transportation management associations projects and programs aimed at reducing drive alone commute rates.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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An Act to require producer responsibility for collection, reuse and recycling of discarded electronic products
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H871
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HD2731
| 193
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{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-18T14:57:34.947'}
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[{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-18T14:57:34.9466667'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T15:58:03.48'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-30T12:42:05.9733333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-13T16:06:12.09'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:22:12.0033333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-14T10:05:51.84'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T18:46:18.2566667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T20:56:43.0633333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T20:40:57.8233333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-21T14:59:19.3833333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T10:17:03.47'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:16:30.2133333'}]
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T14:58:11.777'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H871/DocumentHistoryActions
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Bill
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By Representatives Owens of Watertown and Rogers of Cambridge, a petition (accompanied by bill, House, No. 871) of Steven Owens, David M. Rogers and others relative to producer responsibility for the collection, reuse and recycling of discarded electronic products. Environment and Natural Resources.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the following chapter:-
CHAPTER 21P.
RECYCLING OF DISCARDED ELECTRONIC PRODUCTS.
Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Additionally covered electronic product", any of the following electronic products taken out of service from a person in this State regardless of purchase location: printers; stand-alone facsimile machine; video game console, video cassette recorder/player, digital video disk player, or similar video device; zip drive, external hard drive, or similar storage device; or scanner. To the extent allowed under federal and state laws and regulations, an additionally covered eligible electronic product that is being collected, recycled, or processed for reuse is not considered to be hazardous waste, household waste, solid waste, or special waste. The term does not include a covered television product or a covered computer product.
“Collection”, the aggregation of covered electronic products from households, municipalities, the Commonwealth and any other political subdivision, and schools, including the accumulation of covered electronic products at handling facilities, transfer stations, and solid waste facilities, including all the activities up to the time the covered electronic products are collected by a processor.
“Collector”, a person accepting covered electronic products from households, municipalities, the Commonwealth and any other political subdivision, small businesses and schools.
“Collector reimbursement”, the minimum per pound rate, as established by the department, paid by a producer to a collector for all covered electronic products collected.
“Computer”, an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, including a laptop or a combined computer central processing unit and monitor; provided, however, that an automated typewriter or typesetter, a portable handheld calculator, a portable digital assistant, or other similar device shall not be considered a computer.
“Covered computer product”, a desktop or notebook computer, netbook, or computer monitor, and printers, marketed and intended for use by a person, but does not include a covered television device.
“Covered Entity”, any Massachusetts household, business that employs 10 or fewer individuals, nonprofit organization that employs 10 or fewer individuals, school, or any person giving seven of fewer covered electronic devices to a collector at at any one time.
"Covered electronic device" or “CED”, any computer, computer monitor, television, printer, electronic keyboard, facsimile machine, videocassette recorder, portable digital music player that has memory capability and is battery powered, digital video disc player, video game console, electronic mouse, scanner, digital converter box, cable receiver, satellite receiver, digital video disc recorder, keyboard, computer mouse, device sold for external use with a CED, or small-scale server sold at retail and taken out of service from a residence in this State. CEDs do not include any of the following:
(i) A covered electronic product that is a part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle.
(ii) A covered electronic product that is functionally or physically a part of, or connected to, or integrated within equipment or a system designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting, including but not limited to diagnostic, monitoring, control or medical products (as defined under the Federal Food, Drug, and Cosmetic Act), or equipment used for security, sensing, monitoring, anti-terrorism, emergency services purposes or equipment designed and intended primarily for use by professional users.
(iii) A covered electronic product that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, air purifier, or exercise equipment.
(iv) Telephones of any type, including mobile phones.
(v) A personal digital assistant (PDA).
(vi) Global positioning systems (GPS).
“Covered Television Product”, any electronic product that contains a tuner that locks onto a selected carrier frequency and is capable of receiving and displaying television or video programming via broadcast, cable, or satellite, including, without limitation, any direct view or projection television with a viewable screen of 9 inches or larger whose display technology is based on cathode ray tube (CRT), plasma, liquid crystal (LCD), digital light processing (DLP), liquid crystal on silicon (LCOS), silicon crystal reflective display (SXRD), light emitting diode (LED), or similar technology marketed and intended for use by a person primarily for personal purposes. The term does not include a covered computer product or additionally covered electronic product.
“Department”, the department of environmental protection.
“Desktop computer”, an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, and storage functions for general purpose needs which are met through interaction with a number of software programs contained therein, which is not designed to exclusively perform a specific type of limited or specialized application. Human interface with a desktop computer is achieved through a standalone keyboard, stand-alone monitor or other display unit, and a stand-alone mouse or other pointing device, and is designed for a single user. A desktop computer has a main unit that is intended to be persistently located in a single location, often on a desk or on the floor.
“Market share”, a television producer’s national sales of televisions expressed as a percentage of the total of all television producers’ national sales based on the best available public data.
“Monitor”, a video display device without a tuner that can display pictures and sound and is used with a computer.
“Netbook”, an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs which are met through interaction with a number of software programs contained therein, which is not designed to exclusively perform a specific type of limited or specialized application. Human interface with a netbook is achieved through a keyboard, video display greater than 4" in size, and mouse or other pointing device, all of which are contained within the construction of the unit which comprises the netbook, and can be carried as one unit by an individual. Netbook can use external, internal, or batteries for a power source. Netbook does not include a portable handheld calculator, or a portable digital assistant or similar specialized device.
“Notebook computer”, an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs which are met through interaction with a number of software programs contained therein, which is not designed to exclusively perform a specific type of limited or specialized application. Human interface with a notebook computer is achieved through a keyboard, video display greater than 4" in size, and mouse or other pointing device, all of which are contained within the construction of the unit which comprises the notebook computer, and can be carried as one unit by an individual. Supplemental standalone interface devices typically can also be attached to the notebook computer. Notebook computers can use external, internal, or batteries for a power source. Notebook computer does not include a portable handheld calculator, or a portable digital assistant or similar specialized device. A notebook computer is sometimes referred to as a laptop computer.
“Orphan waste”, a covered electronic product, the producer of which cannot be identified or is no longer in business and has no successor in interest.
“Person”, a natural person, corporation, association, partnership, government body or other legal entity.
“Printer”, desktop printers, multifunction printer copiers, and printer/fax combinations taken out of service from a person that are designed to reside on a work surface, and include various print technologies, including without limitation laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and "multi-function" or "all-in-one" devices that perform different tasks, including without limitation copying, scanning, faxing, and printing. Printers do not include floor-standing printers, printers with optional floor stand, point of sale (POS) receipt printers, household printers such as a calculator with printing capabilities or label makers, or non-stand-alone printers that are embedded into products that are not CEDs.
“Processor”, a person registered with the department to receive electronic products from collectors for the purpose of sorting, weighing and reusing or recycling or shipping offsite for reuse or recycling in accordance with minimum performance requirements established by the department.
“Processor reimbursement”, the minimum per pound rate, as established by the department, paid by a producer to a processor for the producer’s covered electronic products and the producer’s share of orphan waste as determined by the department.
“Producer”, any person who: (a) has a physical presence and legal assets in the United States of America and (1) manufactures or manufactured a covered electronic product under its own brand or label; (2) sells or sold under its own brand or label a covered electronic product produced by other suppliers; or (3) owns a brand that it licenses or licensed to another person for use on a covered electronic product; or (b) imports or imported a covered electronic product into the United States that was manufactured by a person without a presence in the United States of America; (c) sells at retail a covered electronic product acquired from an importer that is the manufacturer as described in subsection (b) and elects to register in lieu of the importer; or (d) assumes the responsibilities and obligations of a producer under this Act.
“Producer Responsibility Organization”, a nonprofit organization designated by a manufacturer or group of manufacturers to act as an agent of the manufacturer or group of manufacturers for the purpose of developing and implementing an electronics producer responsibility program on behalf of the manufacturer or group of manufacturers.
“Program year”, a full calendar year beginning on or after January 1, 2025.
“Recycling”, to recover materials or by-products which are: (a) reused; (b) used as an ingredient or a feedstock in an industrial or manufacturing process to make a marketable product; or (c) used in a particular function or application as an effective substitute for a commercial product or commodity; provided, however, that recycle shall not mean to recover energy from the combustion of a material.
“Retailer”, shall include, but shall not be limited to, a person or a producer that sells new covered electronic products directly to a person through any means including, without limitation, transactions conducted through sales outlets and catalogs, but not including wholesale transactions with a distributor or other retailer.
“Return share”, a percentage of covered electronic products other than televisions collected through processors as calculated by dividing the total weight of covered electronic products other than televisions of that producer’s brands by the total weight of covered electronic products other than televisions for all producers’ non-orphaned brands.
“Reuse”, any operation by which an electronic product or component of an electronic product changes ownership but retains its form and function and is used for the same purpose for which it was originally purchased.
“Sale” or “sell”, any transfer for valuable consideration of title including, but not limited to, transactions conducted through sales outlets, or through catalogs, and excluding commercial financing or leasing.
“Television”, any telecommunication system device that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner.
Section 2. No person shall engage in business as a producer unless he is registered with the department pursuant to section 3.
Section 3. (a) Every producer seeking to engage in business in the commonwealth shall file an application, accompanied by the producer registration fee, with the department requesting registration as a producer. Said application shall be made on a form to be furnished by the department, and shall include, without limitation, the following information: (1) the name and contact information of the applicant; (2) the applicant's brand names of covered electronic products, including all brand names sold in the commonwealth in the past, all brand names currently being sold in the commonwealth, and all brand names for which the applicant is legally responsible; (3) the method or methods of sale used in the commonwealth; (4) a baseline or a set of baselines that describe any efforts to design covered electronic products for reuse or recycling and goals and plans for further increasing design for reuse and recycling; and (5) a description of any collection, consolidation or processing services utilized to recover, reuse, or recycle the applicant's products. The department shall, within 60 days, review the application for registration. If said application satisfies the requirements of this section, the department shall register said applicant as a producer and shall forthwith mail to him a certificate to that effect. If said application fails to satisfy the requirements of this section the producer shall, within 30 days, file with the department a revised application addressing the requirements noted by the department.
(b) The department may keep information submitted pursuant to this section confidential as provided by section 10 of chapter 66 of the General Laws. The department will publish on its website the following information: (1) the name and contact information of the producer submitting the application and (2) the producer's brand names of covered electronic products.
Section 4. (a) Registered producers shall register with the department for a specified registration period. Such applications shall be submitted to the department by the date specified by the department together with a renewal fee as shall be established by the department. After verification of the facts stated on the application, the department shall issue a registration. Any holder of a registration who fails to file a renewal application within 60 days after notification by the department that his registration has expired shall, prior to engaging in business as a producer within the commonwealth, be required to register anew and pay a late fee in addition to said renewal fee.
(b) The department shall use twelve months as a specified registration period for the first three registration periods. After three registration periods, the department may allow producers to register for a period not to exceed thirty-six months.
Section 5. (a) Producers of electronic products shall reimburse collectors for their share of product received at the processor.
(b) A producer who has sold or who sells covered electronic products other than televisions in the commonwealth shall bear the financial responsibility for the collection, transportation, and reuse or recycling of said covered electronic products received by processors, including their return share of orphan waste as determined by the department.
(c) A producer of televisions shall have the financial responsibility for the collection, transportation and reuse or recycling of televisions discarded in the commonwealth, based on the television manufacturer’s market share.
(d) A producer may also collect its covered electronic products for reuse or recycling by establishing a collection program, either individually or in cooperation with other producers, to collect these discarded products as established in this chapter. A producer establishing an independent collection program for reuse or recycling either individually or in cooperation with other producers shall recover 1 or more electronic products. A producer establishing an independent recycling program either individually or in cooperation with other producers shall meet either of the following criteria to be able to continue the program. In order for an independent recycling program to maintain good standing with the department, the program must either of the following:
(i) A program must provide collection services for covered electronic products of all product types and produced by any manufacturer that are reasonably convenient and available to all citizens of the state residing within its geographic boundaries, including both rural and urban areas. Each program must provide a collection service in every county of the state. A program may provide collection services jointly with another plan or plans.
(a) For any city or town with a population of greater than ten thousand, each program shall provide a minimum of one collection site or alternate collection service described in subsection (3) of this section or a combination of sites and alternate service that together provide at least one collection opportunity for all product types. A collection site for a county may be the same as a collection site for a city or town in the county.
(b) Collection sites may include electronics recyclers and repair shops, recyclers of other commodities, reuse organizations, charities, retailers, government recycling sites, or other suitable locations.
(c) Collection sites must be staffed, open to the public at a frequency adequate to meet the needs of the area being served, and on an ongoing basis.
(2) A program may limit the number of covered electronic products or covered electronic products by product type accepted per customer per day or per delivery at a collection site or service. All covered entities may use a collection site as long as the covered entities adhere to any restrictions established in the plans.
(3) A program may provide collection services in forms different than collection sites, such as curbside services, if those alternate services provide equal or better convenience to citizens and equal or increased recovery of unwanted covered electronic products.
(4) For rural areas without commercial centers or areas with widely dispersed population, a program may provide collection at the nearest commercial centers or solid waste sites, collection events, mail-back systems, or a combination of these options.
(5) For small businesses, small governments, charities, and school districts that may have large quantities of covered electronic products that cannot be handled at collection sites or curbside services, a program may provide alternate services. At a minimum, a program must provide for processing of these large quantities of covered electronic products at no charge to the small businesses, small governments, charities, and school districts.
The department shall provide a report no later than December 31, 2021, to the Joint Committee on Environment, Natural Resources, and Agriculture and the House and Senate Committees on Ways and Means on independent collection programs. This report shall include, but not be limited to, the effectiveness of the independent collection program requirements, independent collection program compliance, and collection rates of independent programs.
A producer establishing an independent recycling program either individually or in cooperation with other producers will register as a collector pursuant to section 7 of this chapter or a processor pursuant to section 10 of this chapter; however, an additional registration fee will not be required.
A producer establishing an independent recycling program either individually or in corporation with other producers shall provide the following information to the department:
(a) Contact information for the responsible party and a comprehensive list of all manufacturers participating in the plan and their contact information;
(b) A description of the collection, transportation, and recycling systems and service providers used, including a description of how the PRO or responsible party will:
(i) Seek to use businesses within the state, including retailers, charities, processors, and collection and transportation services;
(ii) Fairly compensate collectors for providing collection services; and
(iii) Fairly compensate processors for providing processing services;
(c) The method or methods for the reasonably convenient collection of all product types of covered electronic products in rural and urban areas throughout the state, including how the plan will provide for collection services in each county of the state and for a minimum of one collection site or alternate collection service for each city or town with a population greater than ten thousand. A collection site for a county may be the same as a collection site for a city or town in the county;
(d) A description of how the plan will provide service to small businesses, small governments, charities, and school districts in the state;
(e) The processes and methods used to recycle covered electronic products including a description of the processing that will be used and the facility location;
(f) Documentation of audits of each processor used in the plan and compliance with processing standards established under MGL;
(g) A description of the accounting and reporting systems that will be employed to track progress toward the plan's equivalent share;
(h) A timeline describing start-up, implementation, and progress towards milestones with anticipated results;
(i) A public information campaign to inform consumers about how to recycle their covered electronic products at the end of the product's life; and
(j) A description of how manufacturers participating in the plan will communicate and work with processors utilized by that plan to promote and encourage design of electronic products and their components for recycling.The plan shall address how it will incorporate and fairly compensate registered collectors providing curbside or premium services such that they are not compensated at a lower rate for collection costs than the compensation offered other collectors providing drop-off collection sites in that geographic area.
All transporters, collectors, and processors used to fulfill the requirements of this section must be registered as described in this law.
A producer establishing an independent collection program shall submit an annual report to the department that includes at a minimum the following information for the previous program year as well as any additional information required by the department:
(1) distinguishing the total weight of each type of covered electronic product collected for recycling;
(2) detailing the total number of items by each type of covered electronic product collected for reuse or refurbishment;
(3) a description of the plan’s education, outreach, or other marketing efforts to promote collection of covered electronic products;
(4) a description of management practices to transport and recycle discarded covered electronic products; and
(5) any additional information deemed necessary by the department.
The department shall review each report within ninety days of its submission and shall notify the PRO or responsible party of any need for additional information or documentation, or any deficiency in its program. All reports submitted to the department must be available to the general public through the internet. Proprietary information submitted to the department under this chapter is exempt from public disclosure
A producer establishing an independent collection program for reuse or recycling either individually or in cooperation with other producers shall weigh the covered electronic products collected and shall annually submit a statement certifying to the department the total weight of electronic products received and the weight of orphan waste received in the preceding program year.
The department, in determining the producer’s return share, shall take into account electronic products voluntarily collected by the producer.
A producer establishing an independent collection program for reuse or recycling either individually or in cooperation with other producers shall not charge a fee for collecting, transporting or recycling electronic products.
Section 6. No person shall engage in business as a collector unless he is registered with the department pursuant to section 7.
Section 7. (a) Every collector seeking to engage in business in the commonwealth shall
file an application, accompanied by the collector registration fee, with the department requesting registration as a collector. Said application shall be made on a form to be furnished by the department, and shall include, without limitation, the following information: (1) the name; (2) the address; (3) the telephone number; and (4) the location of the business. The department shall, within 60 days, review the application for registration. If said application satisfies the requirements of this section, the department shall register said applicant as a collector and shall forthwith mail to him a certificate to that effect. If said application fails to satisfy the requirements of this section the collector shall, within 30 days, file with the department a revised application addressing the requirements noted by the department.
(b) If a municipality applies to be a collector under this statute, the statute will apply to them except no registration or renewal fee will be required. Likewise no registration or renewal fee will be required from collectors who send units primarily to reuse rather than recycling.
(c) A collector shall: (1) contract with a registered processor or processors to receive the covered electronic products collected by the collector; (2) make information available to the public that describes where and how to return covered electronic products for reuse or recycling, and dispose of covered electronic products; (3) accept all covered electronic products and ensure that said products are transported by or delivered to a registered processor; and (4) demonstrate compliance with the department rules and regulations and the United States Environmental Protection Agency’s Responsible Recycling Guidelines for Materials Management as issued and available on the United States Environmental Protection Agency’s Internet website in addition to any other requirements mandated by federal or state law. A collector may limit the number of covered electronic products delivered at a given time by any customer to no more than 5.
(d) A collector shall not: (1) charge a fee to persons for the collection or recycling of covered electronic products; or (2) knowingly accept covered electronic products imported into the commonwealth for the purpose of recycling or discard.
(e) Only an entity registered as a collector with the department may act as a collector in a plan. All covered electronic products received by a registered collector must be submitted to a plan. Fully functioning computers that are received by a registered collector in working order may be sold or donated as whole products by the collector for reuse. Computers that require repair to make them a fully functioning unit may only be repaired on-site at the collector’s place of business by the registered collector for reuse according to its original purpose.
(f) Registered collectors may use whole parts amassed from collected computers or new parts for making repairs as long as there is a part-for-part exchange with nonfunctioning computers submitted to a plan.
(g) Registered collectors may not include computers that are dispersed for reuse in the weight totals for compensation by the plan.
(h) Registered collectors must maintain a record of computers sold or donated by the collector for a period of three years.
(i) Registered collectors must display a notice at the point of collection that computers received by the collector may be repaired and sold or donated as a fully functioning computer rather than submitted to a processor for recycling
(j) The department may conduct site visits of all registered collectors that reuse or refurbish computers and who have an agreement with the department, collector, or producer to provide collection services. The department may, for cause, review records and conduct investigations regarding a violation of this section, including but not limited to Section 14 (d) or (e).
Section 8. Collectors shall register with the department every 3 years. Such applications shall be submitted to the department by the date specified by the department together with a renewal fee as shall be established by the department. After verification of the facts stated on the application, the department shall issue a registration, which shall expire in 3 years. Any holder of a registration who fails to file a renewal application within 60 days after notification by the department that his registration has expired shall, prior to engaging in business as a collector within the commonwealth, be required to register anew and pay a late fee in addition to said renewal fee.
Section 9. No person shall engage in business as a processor unless he is registered with the department pursuant to section 10.
Section 10. (a) Every processor seeking to engage in business in the commonwealth shall file an application, accompanied by appropriate processor registration fee, with the department requesting registration as a processor. Said application shall be made on a form to be furnished by the department, and shall include, without limitation, the following information: (1) the name; (2) the address; (3) the telephone number; and (4) the location of the business of the processor’s business. The department shall, within 60 days, review the application for registration. If said application satisfies the requirements of this section, the department shall register said applicant as a processor and shall forthwith mail to him a certificate to that effect. If said application fails to satisfy the requirements of this section the processor shall, within 30 days, file with the department a revised application addressing the requirements noted by the department.
(b) A processor shall: (1) be responsible for sorting all covered electronic products received from a participating collector with whom the processor has a contract; (2) weigh the total amount of covered electronic products received from a participating collector and reimburse said collector; provided, however, that said collector reimbursement shall be due within 30 days of pick-up; (3) sort, by producer, and weigh all covered electronic products other than televisions received from collectors; (4) weigh all televisions received from collectors; (5) either repair, refurbish, remanufacture, or recycle on-site or ship covered electronic products offsite for reuse or recycling in accordance with the minimum performance requirements established by the department; (6) be certified to “e-Stewards Standard for Responsible Recycling and Reuse of Electronics,” the U.S. Environmental Protection Agency’s “Responsible Recycling” (R2) Standard, or other environmental performance and accountability certification standards as determined to be at least equivalent to e-Stewards or R2 by the department; (7) submit an invoice for producer reimbursement to each producers whose waste the processor has handled; and (8) annually submit a report to the department which shall include without limitation: (i) the total aggregate weight of covered electronic products processed pursuant to this chapter in the previous program year; (ii) the weight, differentiated by producer, of covered electronic products processed pursuant to this chapter in the previous program year; (iii) the total amount of orphan waste processed pursuant to this chapter in the previous program year; and (iv) any other information to help track, monitor and evaluate the management of covered electronic products, as determined by the department.
(c) A processor shall not charge a fee for accepting, sorting, weighing, processing for reuse or recycling a covered electronic product for which the processor receives compensation under the provisions of this section.
Section 11. Processors shall register with the department every 3 years. Such application shall be submitted to the department by the date specified by the department together with a renewal fee as shall be established by the department. After verification of the facts stated on the application, the department shall issue a registration, which shall expire in 3 years. Any holder of a registration who fails to file a renewal application within 60 days after notification by the department that his registration has expired shall, prior to engaging in business as a processor within the commonwealth, be required to register anew and pay a late fee in addition to said renewal fee.
Section 12. The fee for a collector registration, a processor registration and a producer registration, or for any annual renewal thereof, shall be determined every three years by the department, but in no case shall any registration or renewal fee exceed $5000.
Section 13. (a) The department shall annually: (1) determine the return share for each program year for each producer of electronic products other than televisions by dividing the weight of covered electronic products identified for each producer by the total weight of covered electronic products identified for all producers; provided further, that said calculation shall be based on the reports generated by processors of covered electronic products in the commonwealth; provided further, that for the first program year, the return share of covered electronic products identified for each producer shall be based on the best available public return share data from the United States, including data from other states, for covered electronic products from persons; provided further, that for the second and subsequent program years, the return share of covered electronic products identified for each producer shall be based on the previous year’s reported data as described herein; and provided further, that the department shall use the return share for each producer to allocate financial responsibility for orphan waste; (2) determine, based on each producer’s return share, each producer’s share of responsibility for the orphan waste collected in the commonwealth; provided, however, that each producer’s return share of orphan waste shall be equivalent to its percentage of return share for non-orphan covered electronic products, multiplied by the total amount of orphan waste collected in the program year; and provided further, that the department, in determining the producer’s orphan waste share, may take into account electronic products, including orphan waste, voluntarily collected by the producer; (3) determine the market share allocation for each television producer by determining the total weight of televisions recycled in the previous year, multiplied by the market share for that producer; provided, however, that in the first program year, the market share identified for each television producer shall be based on the best available data regarding the total number of televisions sold in the commonwealth for the previous calendar year; (4) maintain a list of producers registered pursuant to this chapter; and (5) conduct periodic audits of processors and collectors at a frequency determined by the department, to assure accuracy of reporting and billing.
(b) The department shall adopt and may from time to time amend rules and regulations, and the commissioner may issue orders, to enforce the provisions of this chapter. Said regulations shall include, but not be limited to, establishing, as a maximum number not higher than twelve, the number of times a year payment from producers to collectors and processors be made, adjudicatory procedures for denied revised applications and minimum performance requirements for collection and processing of covered electronic products. Any person, including any political subdivision of the commonwealth who violates this chapter, or any order issued pursuant thereto, or any rule or regulation promulgated hereunder shall be subject to a fine of not more than twenty-five thousand dollars for each such violation. Each day each such violation occurs or continues shall be deemed a separate offense. These penalties shall be in addition to any other penalties that may be prescribed by law.
(c) Beginning one year after this act takes effect and annually thereafter, the department shall submit a report to the House Committee on Ways and Means, the Senate Committee on Ways and Means, and the Joint Committee on Environment, Natural Resources and Agriculture that includes information regarding the previous program year. The information shall include, but is not limited to, (1) the total administrative cost to the state government, (2) the total administrative cost to local governments, (3) a description of the incentive for manufacturer collection, and (4) a description of the education, outreach, or other marketing efforts conducted by the state or local governments to promote collection of covered electronic products.
Section 14. (a) No person shall sell covered electronic products from producers not registered pursuant to this chapter. A retailer shall not be in violation of this subsection if, at time of purchase from producer, the producer was not in violation of this Chapter. This subsection shall not apply to used electronic products that are reused.
(b) No person shall offer for sale an electronic product unless a visible, permanent label clearly identifying the producer of that product is affixed to said electronic product.
(c) All retailers shall provide information describing where and how to recycle an electronic product provided by the producer pursuant to this act.
(d) No person shall knowingly dispose of any electronic product except as provided in this chapter.
(e) No person shall import a covered electronic product into the commonwealth with the intent of recycling or discarding said product; provided further, that any covered electronic product so imported shall not be eligible for reimbursement under the provisions of this chapter.
Section 15. The department shall be charged with the enforcement of sections 1 to 14, inclusive. If any person refuses to obey a decision of the department the attorney general shall, upon request of the department, file a petition for the enforcement of such decision in the superior court for Suffolk County or for the county in which the defendant resides or has a place of business. After hearing, the court shall order the enforcement
of such decision or any part thereof, if legally and properly made by the department.
Section 16. The department may participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter.
Section 17. (a) There shall be in the Department an advisory commission, chaired by the Commissioner of the Department or his designee, for electronic waste. The commission shall include the Senate chair of the Joint Committee on Environment, Natural Resources, and Agriculture or his designee, the House chair of the Joint Committee on Environment, Natural Resources, and Agriculture or his designee. The advisory commission shall also include the following individuals to be appointed by the Secretary of Energy and Environmental Affairs: one individual representing covered television product manufacturers, one individual representing processors of covered electronic products, one individual representing a trade association of covered computer product manufacturers or covered television product manufacturers , one individual representing covered computer manufacturers, one individual representing retailers of covered electronic products, one representative of the Massachusetts Municipal Association, one representative of the Massachusetts Product Stewardship Council, and one individual representing a statewide conservation organization.
(b) Appointments to the advisory commission shall be made not later than 30 days after the effective date of this statute. If a vacancy occurs on the commission, the vacancy shall be filled within 30 days.
(c) Said advisory commission shall have the following duties: (1) It shall advise the Department on policy and program development under this section, specifically regarding performance standards; (2) It shall review the registration and renewal fees for producers, collectors and processors, and shall make recommendations to the commissioner relative thereto; and (3) It shall make recommendations to the Joint Committee on Environment, Natural Resources, and Agriculture on recommendations of amending the definition of electronic product under this statute to cover other electronic products, including but not limited to medical equipment.
(d) The advisory commission shall meet at least four times a year and shall convene special meetings at the call of the Commissioner. A written record of all meetings of the committee shall be maintained by the Department. Members of the commission shall serve without compensation. The members of the commission representing the Department or the General Court shall serve without additional compensation.
SECTION 2. Notwithstanding any general or special law to the contrary and unless otherwise specified herein, this act shall take effect January 1, 2025.
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An Act establishing a climate change superfund and promoting polluter responsibility
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H872
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HD3460
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{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-18T15:45:51.153'}
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[{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-18T15:45:51.1533333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-08T15:45:50.5033333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-03T09:29:34.3866667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-02T14:21:26.0166667'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-05-03T10:04:05.6966667'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-06-12T09:22:57.4366667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-04-05T10:53:57.4066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T14:47:30.1233333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-16T06:52:48.9433333'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-05-17T10:52:04.35'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T17:31:52.1566667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T12:56:45.9766667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-14T16:42:58.2633333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-27T09:53:21.0633333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T17:35:08.8066667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T14:35:49.3733333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-06-26T11:40:43.9433333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-02T13:10:48.38'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-08T15:59:02.4033333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-03-22T14:49:40.3566667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-05-17T13:41:22.7966667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-08T14:20:19.0533333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-07T16:43:02.5333333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T07:06:03.63'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-09T15:52:51.2466667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-03-27T11:01:51.78'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T13:50:33.7133333'}]
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Bill
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By Representative Owens of Watertown, a petition (accompanied by bill, House, No. 872) of Steven Owens and others relative to establishing a climate change superfund and promoting polluter responsibility. Environment and Natural Resources.
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SECTION 1. The General Laws are hereby amended by inserting after Chapter 21O the following chapter:
CHAPTER 21P
CLIMATE CHANGE ADAPTATION COST RECOVERY ACT
Section 1. Definitions.
For purposes of this chapter, the following terms shall have the following meanings unless the context clearly requires otherwise:
"Applicable payment date", July first of the calendar year following the year in which this chapter is enacted into law.
"Climate change adaptive infrastructure project", an infrastructure project designed to avoid, moderate, repair or adapt to negative impacts of climate change or to assist communities, households and businesses in preparing for future climate change-driven disruptions. Such projects include but are not limited to restoring coastal wetlands and developing other nature-based solutions and coastal protections; upgrading storm water drainage systems; making defensive upgrades to roads, bridges, subways, and transit systems; preparing for and recovering from hurricanes and other extreme weather events; undertaking preventive health care programs and providing medical care to treat illness or injury caused by the effects of climate change; relocating, elevating, or retrofitting sewage treatment plants vulnerable to flooding; installing energy efficient cooling systems and other weatherization and energy efficiency upgrades and retrofits in public and private buildings, including schools and public housing; upgrading parts of the electrical grid to increase stability and resilience, including supporting the creation of self-sufficient clean energy microgrids; addressing urban heat island effects through green spaces, urban forestry, and other interventions; and responding to toxic algae blooms, loss of agricultural topsoil, and other climate-driven ecosystem threats to forests, farms fisheries, and food systems.
“Commissioner”, commissioner of the department of environmental protection.
"Controlled group", two or more entities treated as a single employer under section 52(a) or (b) or section 414(m) or (o) of the internal revenue code. Subsections (a) and (b) of section 52, section 1563 of the internal revenue code shall be applied without regard to subsection(b)(2)(c). For purposes of this article, entities in a controlled group are treated as a single entity for purposes of meeting the definition of responsible party and are jointly and severally liable for payment of any cost recovery demand owed by any entity in the controlled group.
"Cost recovery demand", a charge asserted against a responsible party for cost recovery payments under the program for payment to the fund.
"Covered greenhouse gas emissions", with respect to any entity, the total quantity of greenhouse gasses released into the atmosphere during the covered period, expressed in metric tons of carbon dioxide equivalent, resulting from the use of fossil fuels or petroleum products extracted, produced, refined, or sold by such entity.
"Covered period", the period that began January first, two thousand and ended on December thirty-first, two thousand eighteen.
"Crude oil", oil or petroleum of any kind and in any form, including bitumen, oil sands, heavy oil, conventional and unconventional oil, shale oil, natural gas liquids, condensates, and related fossil fuels.
“Department”, department of environmental protection.
"Entity", any individual, trustee, agent, partnership, association, corporation, company, municipality, political subdivision, or other legal organization, including a foreign nation, that holds or held an ownership interest in a fossil fuel business during the covered period.
"Environmental justice population'', a neighborhood that meets 1 or more of the following criteria: (i) the annual median household income is not more than 65 per cent of the statewide annual median household income; (ii) minorities comprise 40 per cent or more of the population; (iii) 25 per cent or more of households lack English language proficiency; or (iv) minorities comprise 25 per cent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 per cent of the statewide annual median household income; provided, however, that for a neighborhood that does not meet said criteria, but a geographic portion of that neighborhood meets at least 1 criterion, the secretary may designate that geographic portion as an environmental justice population upon the petition of at least 10 residents of the geographic portion of that neighborhood meeting any such criteria; provided further, that the secretary may determine that a neighborhood, including any geographic portion thereof, shall not be designated an environmental justice population upon finding that: (A) the annual median household income of that neighborhood is greater than 125 per cent of the statewide median household income; (B) a majority of persons age 25 and older in that neighborhood have a college education; (C) the neighborhood does not bear an unfair burden of environmental pollution; and (D) the neighborhood has more than limited access to natural resources, including open spaces and water resources, playgrounds and other constructed outdoor recreational facilities and venues.
"Fossil fuel", coal, petroleum products and fuel gasses.
"Fossil fuel business", a business engaging in the extraction of fossil fuels or the refining of petroleum products.
"Fuel gasses", shall include but not be limited to methane, natural gas, liquefied natural gas, and manufactured fuel gasses.
"Fund", the climate change adaptation superfund.
"Greenhouse gas", any chemical or physical substance that is emitted into the air and that the department may reasonably anticipate will cause or contribute to climate change including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.
“Nature-based solutions”, projects that utilize or mimic nature or natural processes and functions and that may also offer environmental, economic, and social benefits, while increasing resilience. Nature-based solutions include both green and natural infrastructure.
"Notice of cost recovery demand", the written communication informing a responsible party of the amount of the cost recovery demand payable to the fund.
"Petroleum products", a product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle, boat or aircraft. The term does not include naphtha-type jet fuel, kerosene-type jet fuel, a petroleum product destined for use in chemical manufacturing or feedstock of that manufacturing or fuel oil used for heating purposes.
"Program", the climate change adaptation cost recovery program.
"Qualifying expenditure", an authorized payment from the fund in support of a climate change adaptive infrastructure project, including its operation and maintenance, as defined by the department.
"Responsible party", any entity or a successor in interest to such entity described herein, which, during any part of the covered period, was engaged in the trade or business of extracting fossil fuel or refining crude oil and is determined by the department to be responsible for more than one billion tons of covered greenhouse gas emissions. The term responsible party shall not include any person who lacks sufficient connection with the state to satisfy the nexus requirements of the United States Constitution.
SECTION 2. The Climate Change Adaptation Cost Recovery Program.
(a) There is hereby established a climate change adaptation cost recovery program administered by the department.
(b) The purposes of the program shall be the following
(1) To secure compensatory payments from responsible parties based on a standard of strict liability to provide a source of revenue for climate change adaptive infrastructure projects within the state;
(2) To determine proportional liability of responsible parties;
(3) To impose cost recovery demands on responsible parties and issue notices of cost recovery demands;
(4) To accept and collect payment from responsible parties;
(5) To identify climate change adaptive infrastructure projects;
(6) To disperse funds to climate change adaptive infrastructure projects; and
(7) To allocate funds in such a way as to achieve a goal that at least forty percent of the qualified expenditures from the program, but not less than thirty-five percent of such expenditures shall go to climate change adaptive infrastructure projects that directly benefit environmental justice populations
(c)(1) A responsible party shall be strictly liable, without regard to fault, for a share of the costs of climate change adaptive infrastructure projects, including their operation and maintenance, supported by the fund.
(d) With respect to each responsible party, the cost recovery demand shall be equal to an amount that bears the same ratio to seventy-five billion dollars as the responsible party's applicable share of covered greenhouse gas emissions bears to the aggregate applicable shares of covered greenhouse gas emissions of all responsible parties.
(e) The applicable share of covered greenhouse gas emissions taken into account under this section for any responsible party shall be the amount by which the covered greenhouse gas emissions attributable to such responsible party exceeds one billion metric tons.
(f) Where an entity owns a minority interest in another entity of ten percent or more, the calculation of the entity's applicable share of greenhouse gas emissions taken into account under this section shall include the applicable share of greenhouse gas emissions taken into account under this section by the entity in which the responsible party holds a minority interest, multiplied by the percentage of the minority interest held.
(g) In determining the amount of greenhouse gas emissions attributable to any entity, an amount equivalent to nine hundred forty-two and one-half metric tons of carbon dioxide equivalent shall be treated as released for every million pounds of coal attributable to such entity; an amount equivalent to four hundred thirty-two thousand one hundred eighty metric tons of carbon dioxide equivalent shall be treated as released for every million barrels of crude oil attributable to such entity; and an amount equivalent to fifty-three thousand four hundred forty metric tons of carbon dioxide equivalent shall be treated as released for every million cubic feet of fuel gasses attributable to such entity.
(h) The commissioner may adjust the cost recovery demand amount of a responsible party refining petroleum products, or its successor, if such responsible party establishes to the satisfaction of the commissioner that a portion of the cost recovery demand amount was attributable to the refining of crude oil extracted by another responsible party, or its successor that accounted for such crude oil in determining its cost recovery demand amount.
(i) Payment of a cost recovery demand shall be made in full on the applicable payment date unless a responsible party elects to pay in installments pursuant to paragraph j of this subdivision.
(j) A responsible party may elect to pay the cost recovery demand amount in twenty-four annual installments, ten percent of the total due in the first installment and the balance to be paid in equal installments over the remaining years. If an election is made under this paragraph, the first installment shall be paid on the applicable payment date and each subsequent installment shall be paid on the same date as the applicable payment date in each succeeding year.
(k) If there is any addition to the original amount of the cost recovery demand for failure to timely pay any installment required under this subdivision, a liquidation or sale of substantially all the assets of the responsible party, including in a proceeding under u.s. code: title 11 or similar case, a cessation of business by the responsible party, or any similar circumstance, then the unpaid balance of all remaining installments shall be due on the date of such event, or in the case of a proceeding under u.s. code: title 11 or similar case, on the day before the petition is filed.The preceding sentence shall not apply to the sale of substantially all of the assets of a responsible party to a buyer if such buyer enters into an agreement with the department under which such buyer is liable for the remaining installments due under this subdivision in the same manner as if such buyer were the responsible party.
(l) Within one year of the effective date of this article, the department shall promulgate such regulations as are necessary to carry out this article, including but not limited to:
(i) Adopting methodologies using the best available science to determine responsible parties and their applicable share of covered greenhouse gas emissions consistent with the provisions of this article;
(ii) Registering entities that are responsible parties under the program;
(iii) Issuing notices of cost recovery demand to responsible parties informing them of the cost recovery demand amount; how and where cost recovery demands can be paid; the potential consequences of nonpayment and late payment; and information regarding their rights to contest an assessment;
(iv) Accepting payments from, pursuing collection efforts against, and negotiating settlements with responsible parties; and
(v) Adopting procedures for identifying and selecting climate change adaptive infrastructure projects eligible to receive qualifying expenditures, including legislative budget appropriations, issuance of requests for proposals from localities and not-for-profit and community organizations, grants to private individuals, or other methods as determined by the department, and for dispersing moneys from the fund for qualifying expenditures. When considering projects intended to stabilize tidal shorelines, the department shall encourage using nature-based solutions. Total qualifying expenditures shall be allocated in such a way as to ensure at least forty percent of the qualified expenditures from the program shall go to climate change adaptive infrastructure projects that benefit environmental justice populations.
(m). Within two years of the effective date of this article, the department shall complete a statewide climate change adaptation master plan for the purpose of guiding the dispersal of funds in a timely, efficient, and equitable manner to all regions of the state in accordance with the provisions of this chapter. In completing such plan, the department shall:
(i) Collaborate with the secretary of state, department of housing and community development, the department of agriculture, the department of energy resources, and the department of public utilities.
(ii) Assess the adaptation needs and vulnerabilities of various areas vital to the state’s economy, normal functioning, and the health and well-being of residents, including but not limited to: agriculture, biodiversity, ecosystem services, education, finance, healthcare, manufacturing, housing and real estate, retail, tourism (including state and municipal parks), transportation, and municipal and local government.
(iii) Identify major potential, proposed, and ongoing climate change adaptive infrastructure projects throughout the state;
(iv) Identify opportunities for alignment with existing federal, state, and local funding streams;
(v) Consult with stakeholders, including local governments, businesses, environmental advocates, relevant subject area experts, and representatives of disadvantaged communities;
(vi) Provide opportunities for public engagement in all regions of the state.
(n) The department and the attorney general are hereby authorized to enforce the provisions of this article.
(o) The department shall provide an opportunity to be heard to any responsible parties that seek to contest a cost recovery demand.determinations made in favor of a petitioner after such hearing shall be final and conclusive.
(p) Moneys received from cost recovery demands shall be deposited in the climate change adaptation super fund
(q) Projects funded pursuant to this article shall require compliance with prevailing wage requirements pursuant to section two hundred twenty of the labor law.
(r) Any state entity or municipality receiving at least twenty-five million dollars ($25,000,000) from funds allocated pursuant to this article for a project costing greater than fifty million dollars ($50,000,000) shall require use of apprenticeship agreements as defined by article twenty-three of the labor law, with pre-apprenticeship direct entry providers registered with the department of labor.
(s). Any state entity or municipality receiving at least twenty-five million dollars ($25,000,000) from funds allocated pursuant to this article for a project which involves the construction, reconstruction, alteration, maintenance, moving, demolition, excavation, development or other improvement of any building, structure or land, shall be subject to the prevailing wage law
(t).(1) Any municipality or state entity, or a third party acting on behalf and for the benefit of the municipality or state entity, in each contract for construction, reconstruction, alteration, repair, improvement or maintenance of a project receiving funds under this article that is a public work, shall ensure that such contract contains a provision that the structural iron and structural steel used or supplied in the performance of the contract or any subcontract thereto and that is permanently incorporated into the public work, shall be produced or made in whole or substantial part in the United States, its territories or possessions. In the case of a structural iron or structural steel product, all manufacturing must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving the refinement of steel additives. For the purposes of this subdivision, "permanently incorporated" shall mean an iron or steel product that is required to remain in place at the end of the project contract, in a fixed location, affixed to the public work to which it was incorporated. Iron and steel products that are capable of being moved from one location to another are not permanently incorporated into a public work.
(2) The provisions of paragraph (a) of this subdivision shall not apply if the head of the department, agency, or municipal entity constructing the public work, in his or her sole discretion, determines that the provisions would not be in the public interest, would result in unreasonable costs, or that obtaining such steel or iron in the United States would increase the cost of the contract by an unreasonable amount, or such iron or steel, including without limitation structural iron and structural steel, cannot be produced or made in the United States in sufficient and reasonably available quantities and of satisfactory quality.
(u)(1) The department shall conduct an independent evaluation of the climate change adaptation cost recovery program. the purpose of this evaluation is to determine the effectiveness of the program in achieving its purposes
(2) Such evaluation shall be provided to the governor, the temporary president of the senate and the speaker of the assembly on or before January first of the second calendar year following the year in which this article is enacted into law, and annually on or before September thirtieth thereafter.
SECTION 3. Climate Change Adaptation Fund.
(a) There is hereby established within the Department of Environmental Protection a special revolving fund to be known as the "climate change adaptation fund" for the purpose of receiving moneys through cost recovery demands and issuing funds for qualifying expenditures pursuant to the climate change adaptation cost recovery program
(b) No monies shall be expended from the fund for any project except qualifying expenditures pursuant to the program, including their operation and maintenance, as well as reasonable costs incurred by the department of environmental conservation for administering the program.
SECTION 4. Applicability of Chapter
(a)Nothing in this act shall be deemed to preclude the pursuit of a civil action or other remedy by any person. The remedies provided in this act are in addition to those provided by existing statutory or common law.
(b)If any word, phrase, clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the word, phrase, clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
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An Act relative to making methane accounting truthful helps
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H873
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HD3595
| 193
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{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-20T13:40:47.56'}
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[{'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-20T13:40:47.56'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-23T12:02:18.5733333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-03T10:48:22.3133333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-24T09:43:10.7033333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-03T14:50:50.2966667'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-05-10T09:58:42.44'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-10T15:28:06.4866667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-10T15:28:06.4866667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-05-11T14:06:46.3366667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-06-20T12:28:51.4666667'}]
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Bill
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By Representative Owens of Watertown, a petition (accompanied by bill, House, No. 873) of Steven Owens, Joanne M. Comerford and Michelle L. Ciccolo relative to carbon dioxide equivalents and factors that impact statewide greenhouse gas emissions. Environment and Natural Resources.
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SECTION 1. Section 1 of chapter 21N of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Carbon dioxide equivalent” in lines 17 to 21, inclusive, and inserting in place thereof the following definition:-
“Carbon dioxide equivalent”, the amount of carbon dioxide by weight that would produce the same global warming impact as a given weight of another greenhouse gas calculated for a timeframe of 20 years and for a timeframe of 100 years, based on the best available science, including from the Intergovernmental Panel on Climate Change.
SECTION 2. Said section 1 of said chapter 21N, as so appearing, is hereby further amended by striking out the definition of “Statewide greenhouse gas emissions” in lines 92 to 99, inclusive, and inserting in place thereof the following definition:-
“Statewide greenhouse gas emissions”, the total annual emissions of greenhouse gasses in the commonwealth, including all emissions of greenhouse gasses from the generation of electricity and the distribution and use of gas delivered to and consumed in the commonwealth, accounting for electric transmission and distribution line losses, and accounting for losses of gas in the commonwealth in transmission, storage, distribution, and use by consumers, whether the electricity is generated or the gas is produced in the commonwealth or imported; provided, however, that statewide greenhouse gas emissions shall be expressed in tons of carbon dioxide equivalents and reported for a timeframe of 20 years and a timeframe of 100 years.
SECTION 3. Section 2 of said chapter 21N is hereby amended by striking out subsection (b) and inserting in place thereof the following:-
(b) The department shall: (1) consult with the secretary on periodic review and updates of emission reporting requirements, as necessary; (2) review existing and proposed state, federal and international greenhouse gas emissions reporting programs and make reasonable efforts to promote consistency among the programs established pursuant to this chapter and other programs and to streamline reporting requirements on greenhouse gas emissions sources; and (3) every 3 years use the best available science, including from the Intergovernmental Panel on Climate Change, to review and update carbon dioxide equivalents and factors that impact statewide greenhouse gas emissions, and, retroactive to 1990, adjust the accounting of statewide greenhouse gas emissions; provided further, that if the results of such update are not consistent with federal reporting requirements, the department may issue 2 reports.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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An Act regulating the application of fertilizer used in the town of Orleans
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H874
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HD1534
| 193
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{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T16:18:42.76'}
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[{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T16:18:42.76'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-06-21T12:19:51.55'}]
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Bill
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By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 874) of Sarah K. Peake (by vote of the town) relative to regulating the application of fertilizer used in the town of Orleans. Environment and Natural Resources. [Local Approval Received.]
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SECTION 1. There is sound scientific evidence to conclude that nitrogen and phosphorus in fertilizers are contaminants that negatively affect fresh and salt waters when present in excessive amounts. These excessive amounts of nitrogen and phosphorus contribute to undesirable algae and aquatic plant growth within all Orleans water bodies. This undesirable algae and aquatic plant growth has an adverse effect on public health through the degradation of waters used for drinking water, shell fishing, and recreational swimming and boating.
SECTION 2. It is necessary to prohibit the application of fertilizer that contains phosphorus and nitrogen so as to improve the water quality of the Town of Orleans. The soils of Orleans are unique insofar as Orleans has significant amounts of coarse, sandy soils that are subject to rapid water infiltration, percolation and leaching of nutrients, and such unique local conditions require that Orleans prohibit the application of nitrogen and phosphorus added to soils through the application of fertilizers. This act should help Orleans to achieve compliance with the Total Maximum Daily Loads (TMDL) prescribed by the Commonwealth of Massachusetts for nitrogen and phosphorus in its waters.
SECTION 3. Notwithstanding any general or special law to the contrary, including but not limited to any general or special law conferring exclusive authority upon the Department of Agriculture to regulate and control the application of fertilizers elsewhere in the Commonwealth, the application of fertilizer containing nitrogen or phosphorus, or any other pollutants in the town of Orleans is prohibited, except for the purposes of commercial agricultural and the residential use of certified organic fertilizer with low nitrogen and phosphorus for the use in growing fruits and vegetables that is allowable under the USDA National Organic Program organic standards (OMRI listed).
SECTION 4. This act shall take effect upon passage.
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An Act relative to helium balloons
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H875
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HD2366
| 193
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{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T16:07:59.253'}
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[{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T16:07:59.2533333'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-27T14:33:46.22'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-07T10:49:59.7066667'}]
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Bill
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By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 875) of Sarah K. Peake, Dylan A. Fernandes and Carol A. Doherty relative to the sale, distribution and release of balloons. Environment and Natural Resources.
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SECTION 1. Section 1 of chapter 131 of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting the following definition:
“intentional release”, an event where one or more persons knowingly releases one or more balloons of any type into the atmosphere.
SECTION 2. Said chapter 131 is hereby amended by adding the following new section:
Section 119. (a) The organization of or participation in an intentional release of any type of balloon, including but not limited to plastic, latex and mylar, filled with any type of gas lighter than air is hereby prohibited. Whoever violates any provision of this section shall be liable for a civil penalty of not less than one hundred dollars, and an additional one hundred dollars for every 10 balloons intentionally released. Each intentional release, or organization of an intentional release, shall constitute a separate violation. Subsequent violations shall be subject to liability for a civil penalty of not less than five hundred dollars for each violation, and shall be subject to liability for an additional civil penalty of one hundred dollars for every 10 balloons intentionally released. The department shall implement and enforce this section and may promulgate rules and regulations for the implementation and enforcement of this section. (b) The provisions of this section shall not apply to: (i) balloons released by or on behalf of any agency of the commonwealth or the United States for scientific or meteorological purposes, (ii) hot air balloons that are recovered after launch, or (iii) balloons released by a person under the age of 12 years. (c)The department shall prepare and make available to retail distributors (i) notice of the provisions of this section and (ii) information about the harmful effects of releasing balloons into the environment. The notice shall be available in English and in any other language spoken by at least ten percent of the Massachusetts population. The notice shall be available for download on the department’s website.
SECTION 3. Chapter 24A of the General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following new section:
Section 6. Retail distributors of balloons of any type shall: (i) post notice of the provisions of this act made available by the department of environmental protection on websites used for online sales transactions and in retail locations in a location that is visible to customers; and (ii) provide each customer purchasing one or more balloons, including but not limited to online transactions, with information about the harmful effects of releasing balloons into the environment. Retailers may provide customers purchasing balloons with weights and fasteners. The office of consumer affairs and business regulation shall implement and enforce this section and may promulgate regulations for such implementation and enforcement.
SECTION 4. This act shall take effect 90 days after its passage.
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An Act to create a commission to determine the feasibility of voluntary acquisition of flood risk properties and structures
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H876
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HD2371
| 193
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{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T12:01:44.417'}
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[{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T12:01:44.4166667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T11:17:55.6666667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-02T08:43:46.89'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T09:47:36.3233333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-14T12:54:39.9633333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-14T12:54:39.9633333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-14T12:54:39.9633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T12:54:39.9633333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-14T12:54:39.9633333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-14T12:54:39.9633333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-02T11:45:13.4133333'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-03-06T09:59:27.1533333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-10T13:12:09.92'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-03-30T09:35:03.6266667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-03-30T09:35:03.6266667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T10:54:29.31'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-04-10T09:50:10.4566667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-05-02T14:55:10.64'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-21T11:22:23.0466667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-10-12T10:43:45.0766667'}]
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Bill
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By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 876) of Sarah K. Peake and others for an investigation by a special commission (including members of the General Court) relative to the voluntary acquisition of flood risk properties and structures across the Commonwealth. Environment and Natural Resources.
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SECTION 1. (a) Notwithstanding any general or special law to the contrary, there shall be established a commission known as the voluntary acquisition of flood risk properties commission, which shall assess the advantages and disadvantages of voluntary acquisition of flood risk properties and structures across the commonwealth, examine the feasibility of such a program, and identify the components of such a program. The climate chief in the office of climate innovation and resilience, the secretary of energy and environmental affairs, and the director of the Massachusetts emergency management agency shall collectively implement and oversee the commission’s work.
(b) The commission shall consist of the following members or their designee: the climate chief in the office of climate innovation and resilience, who shall serve as co-chair, the secretary of energy and environmental affairs, who shall serve as co-chair; the director of the Massachusetts emergency management agency, who shall serve as co-chair; the secretary of the executive office of housing and economic development; the director of the bureau of relocation; the commissioner of the department of environmental protection; the director of coastal zone management; the director of the division of ecological restoration; the director of the department of conservation and recreation flood management program; the minority leader of the senate; the minority leader of the house; and the house and senate chairs of the joint committee on environment, natural resources and agriculture.
(c) The commission shall include ten (10) additional members appointed by the chair; 1 of whom shall be a representative of a statewide land conservation organization, 1 of whom shall be a representative of a river protection organization, 1 of whom shall be a representative of a statewide wildlife protection organization, 1 of whom shall be a representative of an environmental justice organization, 1 of whom shall be a representative of a housing justice organization, 1 of whom shall be a representative of an organization with expertise in homeowner property and casualty insurance licensed in the commonwealth, 1 of whom shall be a representative of an organization with expertise in mortgages, 1 of whom shall have academic expertise in climate data and flooding, 1 of whom shall be a representative of a regional planning agency in a flood risk area and 1 of whom shall be a professional engineer licensed in Massachusetts. The members of the commission shall be appointed not later than 30 days after the effective date of this act and shall serve until the completion of the report described in paragraph (g).
(d) The chairs of the joint committee on public safety and homeland security, and the chairs of the joint committee on housing, or their designees, shall be observers to the commission and shall be invited to all meetings of the commission.
(e) The commission shall seek and use the best available climate data and models, and sea level rise, tidal, coastal, riverine flooding data, and models, to present an understanding of the current and future flood risk to inland and coastal property in the commonwealth.
(f) The commission shall examine and make recommendations regarding the feasibility and establishment of a flood risk reduction program that focuses on the voluntary acquisition of flood risk properties and structures, that ensures that structures would be demolished, and the land would be permanently conserved and restored to serve as a natural buffer against future storms and floods, and accessible to the public when safe. Such an analysis would also describe the necessary components of such a program, including a process for, and the feasibility of, relocating homeowners and/or tenants.
In determining the feasibility of such a program, the commission shall consider the following: (i) creating program eligibility and whether it is restricted to residential property; (ii) identifying program funding, including but not limited to the calculation of fair market value, cost effectiveness, the availability of federal funding and flood insurance, and funding sources for education, outreach, acquisition, demolition, restoration, and relocation; (iii) determining priority acquisition areas (including clusters of flood-prone homes and neighborhoods); (iv) identifying factors that affect program outcomes with regard to the sale of property and the consensual and voluntary relocation of owners and tenants; (v) assessing disproportionate impacts of floods and relocation on low-income homeowners and tenants; (vi) determining the feasibility and affordability of voluntary and consensual relocation of homeowners and tenants; (vii) describing criteria to select participating neighborhoods and communities, including prioritization of low and moderate income property owners, environmental justice populations, and unintended consequences of targeting such communities; (viii) recommending eligible entities that could acquire and own conserved properties in flood risk areas; (ix) facilitating safety and public access in flood risk areas; (x) assessing the opportunity for significant environmental enhancement to public health, safety and welfare and fish and wildlife habitat; (xi) identifying nature-based solutions to protect, restore, and create sustainable resilient natural areas and outdoor recreation opportunities on acquired property; (xii) making recommendations on how to offset community disruption resulting from said program while prioritizing community preservation; and (xiii) assessing the potential benefits of such a program to impacted communities and the Commonwealth.
(g) All meetings of the commission shall be open to the public. The commission shall hold at least one public listening session with a remote participation option. The commission shall convene its first meeting no later than September 1, 2023.
The commission shall file a report along with findings, recommendations, and accompanying drafts of legislation necessary to carry those recommendations into effect, if any, with the clerks of the house of representatives and the senate, the joint committee on environment, natural resources and agriculture, the joint committee on public safety and homeland security, and the joint committee on housing, not later than June 1, 2024.
SECTION 2. Section 1 shall take effect on July 5, 2023.
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An Act relative to Sunday hunting
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H877
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HD591
| 193
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{'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-13T16:17:33.547'}
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[{'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-13T16:17:33.5466667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-08-24T14:40:07.66'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-08-24T14:40:07.66'}]
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Bill
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By Representative Pease of Westfield, a petition (accompanied by bill, House, No. 877) of Kelly W. Pease relative to Sunday hunting. Environment and Natural Resources.
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SECTION 1. Section 57 of chapter 131 of the Massachusetts General Laws is hereby repealed.
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An Act regulating the sale and purchase of horses
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H878
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HD3372
| 193
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{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T10:11:35.52'}
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[{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T10:11:35.52'}]
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Bill
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By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 878) of Alice Hanlon Peisch relative to regulating the sale and purchase of horses. Environment and Natural Resources.
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Section 45 of chapter 129 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting the following new section at the end thereof :-
Section 45A. The Department of Agricultural Resources in conjunction with the Attorney General shall examine the conditions surrounding the sale and purchase of horses and shall adopt regulations to prevent unfair or deceptive trade practices. The department shall promulgate regulations ensuring the consumer is protected in the purchase of a horse. Said regulations shall include, at least; the disclosure of the legal owner and buyer of the horse and any dual agency to the buyer and seller; the disclosure of relevant medical conditions, defects, and surgeries; the conduct or alterations that could affect the performance of a horse; and the need for a written bill of sale.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
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An Act protecting the rights of municipalities and districts
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H879
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HD3393
| 193
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{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T11:09:08.997'}
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[{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T11:09:08.9966667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-08T15:38:15.85'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-08T09:59:21.4733333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-22T09:28:15.9266667'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-07-03T08:43:29.37'}]
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Bill
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By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 879) of Alice Hanlon Peisch, Angelo J. Puppolo, Jr., and Simon Cataldo relative to water resources and protecting the rights of municipalities and districts. Environment and Natural Resources.
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SECTION 1. Section 2 of chapter 21G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end of the definition of “Permit” the following sentence:-
The permit program is intended to assist the department in the comprehensive management of the commonwealth’s water resources within its river basins in a manner that ensures an appropriate balance among competing water withdrawals and uses, as well as preservation of the water resource itself.
SECTION 2. Said section 2 of said chapter 21G of the General Laws, as so appearing, is hereby further amended by inserting at the end of the definition of “Registration statement” the following sentence:-
The registration statement is intended to enable the department to document baseline water use in the commonwealth.
SECTION 3. Section 5 of said chapter 21G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
All properly filed water management act renewal registration statements shall entitle the registrants to their registered water use volumes without conditions excepting that the department may require proper metering or other means to accurately measure the volume of water withdrawn under a renewal registration statement. No regulations may be promulgated that would allow the imposition of any such conditions other than withdrawal volume measurement.
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An Act strengthening local food systems
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H88
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HD1801
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-18T17:19:46.463'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-18T17:19:46.4633333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T16:42:40.65'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-26T13:03:39.3433333'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-17T11:31:57.96'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-29T14:54:53.8466667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-26T11:35:48.0166667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T13:26:10.72'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T15:07:27.0366667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:08:42.14'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T14:02:02.14'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T19:39:34.2066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:25:18.2333333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-25T16:51:48.63'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:44:31.8766667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-01T14:10:51.3866667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-22T11:18:51.4966667'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-02-03T15:46:28.61'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-27T20:31:16.7666667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T09:19:07.33'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-26T12:52:25.37'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-25T11:28:47.1366667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-25T11:17:04.9866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T13:15:31.31'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:20:33.6433333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-03T12:53:38.2733333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-10T10:42:54.2933333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T12:18:51.1966667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-20T13:03:01.3766667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-21T16:54:56.5433333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-13T12:52:14.25'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T18:42:27.8966667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-25T04:29:14.19'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:26:07.5633333'}]
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Bill
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By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 88) of Natalie M. Blais and others for legislation to strengthen local food systems. Agriculture.
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SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting after section 18Z the following section:-
Section 18AA. The Massachusetts emergency management agency shall consider and develop, in all emergency preparedness planning efforts, plans for supporting agricultural, seafood, and processed food production in the commonwealth in order to mitigate the impacts of food supply chain disruptions. Plans shall be developed in coordination with the department of agricultural resources, the department of public health, and the department of transitional assistance, and shall include consideration for production, transportation, storage, and distribution.
SECTION 2. Section 6C of chapter 20 of the General Laws is amended by inserting after subsection (g) the following subsection:-
(h) The council shall appoint a full time food system coordinator as an employee. The food system coordinator shall have access to all relevant agency meetings; serve in an advisory capacity to all relevant departments to inventory existing state programs which relate to the food system across all state agencies, including, but not limited to, agencies associated with the council; facilitate communication and resource collaboration across state agencies; develop and track metrics related to food system goals; identify opportunities to eliminate duplicative efforts and strengthen complementary programs and projects; identify gaps in services and supports and make recommendations; and provide input to help coordinate outreach to underserved communities. The food system coordinator shall submit a report 1 week prior to each council meeting with findings, progress updates, and recommendations to the clerks of the senate and the house of representatives, the council, relevant department secretaries, and relevant department commissioners.
SECTION 3. Chapter 20 of the General Laws is hereby amended by inserting after section 6C the following section:-
Section 6D. There shall be established within the department a circuit rider program to provide on-site guidance to businesses in the commonwealth that are regulated by the department of agricultural resources about state programs, regulations, and funding opportunities. Subject to appropriation, the commissioner shall designate a program director. The director shall establish places at which and the methods whereby farmers may make requests for a farm visit by program staff at no cost. Program staff shall coordinate with state agencies as necessary to assist farmers with compliance. Farm visits under the circuit rider program shall be made in a non-enforcement capacity.
SECTION 4. The second sentence of subsection (a) of section 23 of chapter 20 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “agricultural purposes,” in line 14, the following words:- ; provided, that the committee or any independent appraisal to determine the fair market value of the land restricted for agricultural purposes shall include in its valuation the appraised value of any easements and infrastructure including dwellings, structures, plumbing and irrigation systems on the entire parcel in its fair market value consideration or any payment,.
SECTION 5. Chapter 20 of the General Laws is hereby amended by inserting after section 32 the following section:-
Section 33. Notwithstanding any general or special law to the contrary, the secretary of energy and environmental affairs shall establish a program to acquire by purchase, gift, lease, eminent domain, or otherwise lands and waters and easements therein to protect and conserve land for the purpose of furthering the department’s mission, including, but not limited to, retaining land in agricultural or horticultural use as defined by section 1A of chapter 128 and providing affordable and equitable access to agricultural and horticultural lands.
The commissioner may, from funds appropriated to carry out this section or from funds received from other sources, compensate a landowner for the acquisition of real estate in such amount as is determined by the commissioner to be equitable in consideration of anticipated benefits from such acquisition in accordance with land acquisition regulations of the department. The commissioner may use departmental funds to create, replace, and maintain appropriate infrastructure and improvements that the department deems consistent with the goals of this section and the department’s mission.
The department may lease, license, or otherwise manage these lands as it sees fit in its sole discretion to best carry out this section and the department’s mission and goals.
Acquisition of land or water under this section shall not guarantee any public access unless otherwise agreed to by the department.
The department may promulgate rules and regulations relative to the rights, privileges and use of lands, waters, real estate interests and associated improvements acquired and maintained hereunder.
The department may dispose of such real estate as permitted under section 5A of chapter 3 or through the sale to a qualified farmer or beginning farmer in conjunction with permanent protection of the real estate interest such as through an agricultural preservation restriction to the commonwealth or other qualified conservation entity.
SECTION 6. Chapter 29 of the General Laws is hereby amended by inserting after section 2QQQQQ the following section:-
Section 2RRRRR. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Next Generation Farmers Fund. The fund shall be administered by the secretary of energy and environmental affairs, in consultation with the secretary of labor and workforce development.
(b) The fund shall be credited with $3,000,000 annually from the Massachusetts Alternative and Clean Energy Investment Trust Fund, established by section 35FF of chapter 10, for an agricultural workforce development grant program. Said program shall award grants to the commonwealth’s higher education institutions, vocational technical schools, or community-based organizations that have existing programs for providing workforce development training to first time farmers or the capacity to create such programs. Priority consideration shall be given to programs that serve a high percentage of minority or low-income students or people with disabilities, as well as programs that include hands-on training and training in agricultural practices that mitigate climate change and protect the environment. Not less than $3,000,000 annually from this fund shall go to programs that provide training in agriculture as defined by section 1A of chapter 128, provided that not more than $1,000,000 shall be granted annually to programs providing training in the growing and harvesting of forest products upon forest land.
(c) A report detailing the expenditures of the fund shall be submitted annually on or before May 30 to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the committees on economic development and emerging technologies and the committee on environment, natural resources and agriculture.
SECTION 7. Chapter 61A of the General Laws is hereby amended by striking out section 2 and inserting in place thereof the following section:-
Section 2. Land shall be considered to be in horticultural use when primarily and directly used in raising fruits, vegetables, berries, nuts and other foods for human consumption, feed for animals, tobacco, flower, sod, trees, nursery or greenhouse products, and ornamental plants and shrubs for the purpose of selling these products or a product derived from such plants in the regular course of business; or when primarily and directly used in raising forest products under a certified forest management plan, approved by and subject to procedures established by the state forester, designed to improve the quantity and quality of a continuous crop for the purpose of selling these products in the regular course of business; or when primarily and directly used in a related manner which is incidental to those uses and represents a customary and necessary use in raising these products and preparing them for market or the products derived therefrom for market.
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An Act to improve the review and regulation of emerging contaminants on public water systems
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H880
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HD935
| 193
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:49:46.31'}
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[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:49:46.31'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T11:45:37.3333333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T16:46:46.3333333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-24T17:01:00.9533333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-14T18:10:07.2666667'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-05-31T11:54:13.2633333'}]
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Bill
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By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 880) of Edward R. Philips and others relative to emerging contaminants on public water systems. Environment and Natural Resources.
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Section 160 of Chapter 111 of the Massachusetts General Laws shall be amended to include the following:
SECTION 1. For purposes of this act, Maximum Contaminant Level or MCL means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system. Maximum Contaminant Level Goal or MCLG means the level of a contaminant in drinking water at or below which there is no known or expected risk to health. MCLGs allow for a margin of safety.
SECTION 2. To address the potential for adverse human health impacts from the presence of potentially toxic substances in the public water supplies of the Commonwealth, and to establish science-based processes and procedures for assessing the risks presented by such substances and a cost-benefit analysis to determine the practicality and efficacy of operational and remedial actions with respect to the substances, there shall be a Science Advisory Board to facilitate timely and accurate toxicological assessments of contaminants of concern, receipt of comments from PWS, public health, municipal, and industry interests regarding the burdens of implementing any new Health Advisory Maximum Contaminant Level Goal (MCLG), or MCL, and reporting formal findings to the MassDEP in connection with any regulatory effort to identify and evaluate whether certain contaminants of concern have such an adverse impact on human health that they should be regulated as contaminants.
SECTION 3. Members of the Science Advisory Board will be appointed by the Governor for a term of 5 years. The Science Advisory Board shall consist of 13 members; 6 positions will be permanent organization members and 7 positions will be at-large members. Each of the following 6 permanent organization members shall name a representative to serve a 5-year term: 1 of whom shall be a representative of the MassDEP Office of Research and Standards (who shall co-chair the Board); 1 of whom shall be a representative of the MA Department of Public Health (who shall co-chair the Board); 1 of whom shall be a representative of the MassDEP Drinking Water Program; 1 of whom shall be a representative of the Mass Water Works Association; 1 of whom shall be a representative of the Massachusetts Municipal Association; and 1 of whom shall be a representative of the Massachusetts Association of Health Boards. The Governor shall appoint representatives for the 7 at-large seats on the Science Advisory Board after receiving nominations from interested individuals or groups representing the following: 1 of whom shall be an epidemiologist affiliated with an accredited academic institutions or local hospital; 1 of whom shall be a a toxicologist credentialed by the American Board of Toxicology; 1 of whom shall be a representative of a community health organization; 1 of whom shall be a representative of a national environmental health organization or its local affiliate; 1 of whom shall be a representative from Massachusetts Chemistry & Technology Alliance, Inc.; 1 of whom shall be a representative from a consumer advocate group; and 1 of whom shall be a representative of an environmental advocacy group.
SECTION 4. The meetings of the Science Advisory Board shall be convened in accordance with 940 CMR 29.00.
SECTION 5. To regulate a substance as a contaminant under 310 CMR 22.00, MassDEP and the Science Advisory Board must both make a proposed finding that the substance: (a) may have an adverse human health effect; (b) that the contaminant is known to occur, or there is substantial likelihood it will occur, in PWSs with a frequency and at levels of public health concern; (c) and that there is an opportunity to reduce significant health risks to people served by a PWS. The Science Advisory Board’s findings must be “based on the best available public health information.”
SECTION 6. As part of its formal proposed finding, the Science Advisory Board shall only consider scientific studies that have been peer-reviewed and published. The Science Advisory Board’s finding must include a detailed analysis of the studies that were reviewed during the Science Advisory Board’s deliberation. This summary must articulate the reasons the Science Advisory Board included or excluded any study presented to them.
SECTION 7. The Science Advisory Board’s proposed finding shall include: (i) a recommendation for a MCLG, to establish the level of a contaminant in drinking water below which there is no known or expected risk to health; (ii) recommendation for a MCL for the contaminant; and (iii) a determination whether the proposed finding will achieve the objectives of protecting human health, including sensitive sub-populations, in a more cost-effective manner, or with greater net benefits, than other regulatory alternatives.
SECTION 8. The Science Advisory Board’s proposed finding shall be published on its website and in the Environmental Monitor. The public shall have at least 45 days after publication to review and comment on the proposed finding.
SECTION 9. Within 60 days of the close of the comment period, the Science Advisory Board shall: (a) publish a withdrawal of its proposed finding; (b) publish a response to comments and a revised proposed finding; or (c) publish a response to comments and a final determination in accordance with M.G.L. c. 30A.
SECTION 10. After publishing a final determination with any proceedings under M.G.L. c. 30A having been resolved to finality, the Science Advisory Board shall submit its final determination to MassDEP with its formal recommendation regarding the identification of a proposed contaminant of concern.
SECTION 11. MassDEP shall conduct its own independent assessment of the proposed contaminant and shall (a) present its preliminary determination to the Safe Drinking Water Act Advisory Committee, and (b) present its preliminary determination to a Small Business Advocacy Review Panel.
SECTION 12. A Small Business Advocacy Review (SBAR) panel shall be appointed by the Governor for review of any proposed Drinking Water Standard. The Small Business Advocacy Review Panel shall be made up of 11 members: 2 of whom shall be representatives of the Associated Industries of Massachusetts, 2 of whom shall be economists affiliated with accredited academic institutions, 3 of whom shall be representatives from the Massachusetts Municipal Association (1 of whom shall represent a small community, 1 of whom shall represent a medium sized community, and 1 of whom shall represent a large city), 1 of whom shall be a representative of the Massachusetts Office of Business Development, 1 of whom shall be a representative of the Executive Office of Administration and Finance; 1 of whom shall be a representative of the Massachusetts Treasurers Office, and 1 of whom shall be a representative of the Massachusetts Water Works Association.
SECTION 13. The SBAR shall make an independent determination whether the proposed Drinking Water Standard will achieve the objectives of protecting human health, including sensitive sub-populations, in a more cost-effective manner, or with greater net benefits, than other regulatory alternatives.
SECTION 14. Following any review and comment by the Safe Drinking Water Act Advisory Committee and the SBAR, MassDEP shall publish the preliminary Determination on its website for review and comment by the public for a minimum of 60 days.
SECTION 15. Within 60 days of the close of the comment period, the MassDEP shall: (a) publish a withdrawal of its preliminary Determination; (b) publish a response to comments and a revised preliminary Determination; or (c) publish a response to comments and a final Determination in accordance with M.G.L. c. 30A.
SECTION 16. If MassDEP makes a formal Determination to regulate a contaminant, MassDEP must (a) publish a MCLG, to establish the level of a contaminant in drinking water below which there is no known or expected risk to health; and (b) establish a primary drinking water regulation (usually a MCL) within 2 years of deciding to regulate.
SECTION 17. The MCLG shall be determined by the Science Advisory Board and MassDEP at the level at which no known or anticipated adverse effects on the health of persons occur and which allows an “adequate margin of safety.” When determining an MCLG, the Science Advisory Board and MassDEP will consider the adverse health risk to sensitive subpopulations, including, but not limited to: (i) infants; (ii) children; (iii) the elderly; and (iv) those with compromised immune systems and chronic diseases.
SECTION 18. If it is determined that there is a sensitive subpopulation that is adversely impacted by the contaminant in a particular manner that is distinct from impacts to the general population, that subpopulation shall be identified specifically and a separate MCLG shall be set for this population in addition to a MCLG for the general population.
SECTION 19. The MCL(s) shall be set “as close as to the maximum contaminant level goal(s) as feasible” or a Treatment Technique could be established if MCL criteria is not met.
SECTION 20. In establishing a MCLG or a MCL, MassDEP must seek public comment and an analysis of the following: (i) Quantifiable and nonquantifiable health risk reduction benefits for which there is a factual basis in the rulemaking record to conclude that such benefits are likely to occur as the result of treatment to comply with each MCLG or MCL; (ii) Quantifiable and nonquantifiable health risk reduction benefits for which there is a factual basis in the rulemaking record to conclude that such benefits are likely to occur from reductions in co-occurring contaminants that may be attributed solely to compliance with the maximum contaminant level, excluding benefits resulting from compliance with other proposed or promulgated regulations; (iii) Quantifiable and nonquantifiable costs for which there is a factual basis in the rulemaking record to conclude that such costs are likely to occur solely as a result of compliance with the MCL, including monitoring, treatment, and other costs and excluding costs resulting from compliance with other proposed or promulgated regulations; (iv) The incremental costs and benefits associated with each alternative MCL considered; (v) The effects of the contaminant on the general population and on specifically identified groups within the general population such as infants, children, pregnant women, the elderly, individuals with a history of serious illness, or other subpopulations that are identified as likely to be at greater risk of adverse health effects due to exposure to contaminants in drinking water than the general population; (vi) Any increased health risk that may occur as the result of compliance, including risks associated with co-occurring contaminants; (vii) Other relevant factors, including the quality and extent of the information, the uncertainties in the analysis supporting subclauses (i) through (vi), and factors with respect to the degree and nature of the risk.
SECTION 21. If MassDEP establishes a MCLG or MCL level that is different from the recommendation in the Science Advisory Board’s final determination, MassDEP shall provide written documentation for public comment as to their reasoning.
SECTION 22. MassDEP shall prepare a health risk reduction and cost analysis (HRRCA) in support of any Massachusetts Drinking Water Standard.
SECTION 23. MassDEP must review its Drinking Water Standards every six years and revise if appropriate.
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An Act to establish a mattress recycling program in the Commonwealth
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H881
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HD2607
| 193
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-19T11:45:56.657'}
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[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-19T11:45:56.6566667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-25T08:07:30.7666667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-11T13:32:51.5233333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T14:16:51.95'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-15T14:16:51.95'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-03-14T18:09:38.1533333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-03-31T17:11:55.34'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-09-18T13:14:17.3466667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-09-18T13:14:17.3466667'}]
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Bill
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By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 881) of Edward R. Philips and others for legislation to establish a mattress recycling program. Environment and Natural Resources.
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SECTION 1- PREAMBLE: The General Court finds and declares that:
(1) It is in the best interests of the Commonwealth of Massachusetts for producers of mattresses to take responsibility for developing, implementing and administering a statewide system for the financing, collection and environmentally sound management of discarded mattresses; and
(2) It is the Commonwealth of Massachusetts’ policy that a statewide system for the financing, collection and environmentally sound management of discarded mattresses:
(a) Provide free, convenient and accessible opportunities for collection of mattresses discarded in this state from any person, in both the urban and rural areas of this state;
(b) Be technologically feasible and economically practical.
SECTION 2- DEFINITIONS
As used in sections 1 to 14 of this Act:
(i) “Brand” shall mean a name, symbol, word or mark that attributes a mattress to the producer of the mattress.
(ii) “Consumer” shall mean a person who is the purchaser, by retail sale, of a mattress for final delivery and use in this state.
(iii) “Discarded mattress” shall mean a mattress that has been used, and abandoned or discarded, in this state.
(iv) “Environmentally sound management” includes, but is not limited to, the following management practices, implemented in a manner that is designed to protect public health and safety and the environment:
(a) Adequate record keeping;
(b) Keeping detailed documentation of the methods used to:
(A) Manage discarded mattresses; and
(B) Track and document the fate of discarded mattresses from collection through final disposition within this state.
(c) Performance audits and inspections of recyclers, haulers and other parties as deter- mined by a stewardship organization;
(d) Compliance with worker health and safety requirements; and
(e) Maintenance of adequate liability insurance for a stewardship organization and con- tractors working for the stewardship organization.
(v) “Final disposition” shall mean the point beyond which no further processing takes place and a discarded mattress and its components have been recycled, renovated or disposed of.
(vi) “Foundation” shall mean a ticking-covered structure that is used to support a mattress or sleep surface and that may be constructed of frames, foam, box springs or other materials, used alone or in combination.
(vii)(a) “Mattress” shall mean:
(A) A resilient material or combination of materials that is enclosed by a ticking, is used alone or in combination with other products and is intended for or promoted for sleeping upon; or
(B) A foundation.
(b) “Mattress” shall not mean:
(A) An unattached mattress pad or unattached mattress topper, with or without resilient filling or ticking, that is intended to be used with or on top of a mattress;
(B) A sleeping bag;
(C) A pillow;
(D) A car bed, crib mattress or bassinet mattress;
(E) A carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib bumper or other product manufactured for young children or the pad for a product described in this subparagraph;
(F) A water bed, an air mattress or another product that contains liquid- or gas-filled ticking and that does not contain upholstery material between the ticking and the mattress core; or
(G) A foldout sofa bed, futon, futon mattress or upholstered furniture.
(viii) “Mattress core” shall mean the principal support system that is present in a mattress and that may be constructed of materials such as springs, foam, air or water bladders or resilient filling.
(ix) “Mattress stewardship assessment” shall mean the amount added at retail sale to the purchase price of a mattress to cover the costs of a mattress stewardship program.
(x) “Mattress stewardship program” shall mean a statewide program for the collection of discarded mattresses and environmentally sound management of program mattresses that is operated by a stewardship organization pursuant to a plan approved by the Department of Environmental Protection under section 6 of this Act.
(xi) “Mattress topper” shall mean any item that contains resilient filling, with or without ticking, that is intended to be used with or on top of a mattress.
(xii) “Nonprofit organization” shall mean an organization or group of organizations described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.
(xiii) “Person” shall mean the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or other legal entity.
(xiv) “Premium service” shall mean a service such as at-home pickup service, including curbside pickup service.
(xv) “Producer” shall mean any person, irrespective of the selling technique used, including that of remote sale, that:
(a) Manufactures a mattress that is sold, offered for sale or distributed in this state;
(b) Is the owner of a trademark or brand under which a mattress is sold, offered for sale or distributed in this state, whether or not such trademark or brand is registered in this state; or
(c) Imports a mattress into the United States that is sold or offered for sale in this state.
(xvi)(a) “Program mattress” shall mean a discarded mattress that a stewardship organization will provide environmentally sound management for under a mattress stewardship program.
(b) “Program mattress” shall not mean a mattress transported from outside this state to be discarded in this state.
(xvii)(a) “Renovate” shall mean to alter a discarded mattress for resale through adding to or replacing the ticking or filling, adding additional filling or replacing components of the discarded mattress with new or recycled materials.
(b) “Renovate” shall not mean:
(A) Stripping a discarded mattress of the ticking or filling without adding new material; or
(B) The sanitization or sterilization of a discarded mattress without other alteration to
the discarded mattress.
(xvii)“Renovator” shall mean a person that renovates discarded mattresses.
(xix) “Retailer” shall mean a person that offers new, used or renovated mattresses for retail sale.
(xx) “Retail sale” shall mean sale to a consumer in this state by any means and for any purpose other than resale, including but not limited to sale by remote offerings such as sales outlets, catalogs or the Internet.
(xxi) “Sanitization” shall mean the direct application of chemicals to a mattress to kill pathogens that cause human disease.
(xxii) “Sterilization” shall mean the mitigation of any deleterious substances or organisms, including pathogens that cause human disease, fungi and insects, from a mattress or filling material using a chemical or heat process.
(xxiii) “Stewardship organization” shall mean a nonprofit organization designated by a producer or group of producers to implement a mattress stewardship program.
(xxiv)(a) “Ticking” shall mean the outermost layer of fabric or related material of a mattress.
(b) “Ticking” shall not mean any layer of fabric or material quilted together with, or otherwise attached to, the outermost layer of fabric or material of a mattress.
SECTION 3. (1) Except as provided in subsection (3) of this section, a producer, renovator or retailer may not sell or offer for sale any mattress to any person in this state unless the producer, renovator or retailer is registered with a stewardship organization with a plan approved by the Department of Environmental Protection under section 6 of this Act.
(2) On and after the date that a mattress stewardship program is implemented, a retailer:
(a) May purchase a mattress only from a producer or renovator that is registered with a stewardship organization as of the date of purchase as evidenced by information made available by a stewardship organization pursuant to subsection (4) of this section;
(b) Shall collect, at the point of retail sale, the mattress stewardship assessment established pursuant to a plan approved by the department under section 6 of this Act and remit the mattress stewardship assessment to the stewardship organization that implements the mattress stewardship program; and
(c) Shall provide to consumers, at the point of retail sale, information on available collection opportunities for discarded mattresses through the mattress stewardship program.
(3) A retailer registered with a stewardship organization that purchased a mattress from a producer or renovator in compliance with subsection (2)(a) of this section is not in violation of subsection (1) of this section if, at the time the retailer sells the mattress to a consumer, the producer or renovator that the retailer purchased the mattress from is no longer registered with a stewardship organization.
(4) A stewardship organization shall make available on the stewardship organization’s website and on request:
(a) Information on the brands owned by all producers and renovators registered with the stewardship organization;
(b) Information on available collection opportunities; and
(c) Any other information necessary for retailers to comply with subsection (2) of this section.
(5) A retailer shall identify the mattress stewardship assessment as a separate line item on the receipt for a mattress provided to a consumer at the point of sale.
(6)(a) Subject to paragraph (b) of this subsection, a stewardship organization may use a mattress stewardship assessment collected in this state only to pay the costs necessary to plan, implement, administer and operate a mattress stewardship program in this state, including a financial reserve to prudently prepare for unexpected costs.
(b) A stewardship organization may not use any moneys collected through a mattress stewardship assessment to pay penalties assessed against the stewardship organization by the Department of Environmental Protection.
(7) Nothing in this section prevents a stewardship organization from, with notice to the department, coordinating efforts for carrying out a mattress stewardship program in this state with programs for the collection and environmentally sound management of discarded mattresses in other states.
(8) The department shall maintain on its website a list of all producers, renovators and retailers that are in compliance with sections 1 to 14 of this Act.
SECTION 4. (1) In a form and manner prescribed by the Department of Environmental Protection, a stewardship organization shall submit to the department a plan for the development and implementation of a mattress stewardship program. The plan must:
(a) Describe how the stewardship organization will manage and administer a mattress stewardship program.
(b) Identify program mattresses.
(c) Describe how discarded mattresses that are received through collection sites or col- lection events and that are not program mattresses will be handled.
(d) Identify each producer, renovator and retailer that is registered with the stewardship organization as of 30 days before the plan is submitted to the department.
(e) Include a description of how the stewardship organization will provide for the environmentally sound management of program mattresses, regardless of the producer, with no charge at the point of collection of discarded mattresses, except that the stewardship organization may allow for a person that provides a premium service under the mattress stewardship program to charge for the additional cost of that premium service. The description shall include, at a minimum:
(A) Identification of the proposed recyclers that the stewardship organization will contract with to process program mattresses and the recycling methods that the recyclers will use;
(B) The auditing, inspection and other procedures that will be used by the stewardship organization and the frequency at which the procedures will be implemented to ensure that all entities the stewardship organization contracts with to implement the mattress stewardship program engage in environmentally sound management practices; and
(C) A description of the processes that will be used to ensure that the recyclers contracted with by the stewardship organization to process program mattresses will comply with environmentally sound management practices.
(f) Provide service as described in section 5 of this Act.
(g) Establish performance goals for:
(A) The collection target and recycling rates of program mattresses; and
(B) Public awareness of the mattress stewardship program.
(h) Include an anticipated annual operating budget, as described in subsection (2) of this section, for the mattress stewardship program for two years of operation of the program, beginning with the year in which the plan is submitted to the department.
(i) Include a proposed mattress stewardship assessment method for collecting the mattress stewardship assessment from retailers and a method for ensuring the assessment is remitted to the stewardship organization. The mattress stewardship assessment must be a flat amount that applies equally to each mattress sold to a consumer in this state and must be sufficient to recover, but not exceed, the costs of establishing and administering the mattress stewardship program, including but not limited to all costs incurred for the environmentally sound management of program mattresses during each stage of management, from collection of the program mattresses through final disposition of the program mattresses.
(j) Provide a mechanism to mitigate the costs associated with collection and management of discarded mattresses that are illegally dumped. The proposed mechanism must take into account the cost of one or more incentives to encourage collectors to properly dispose of discarded mattresses and discourage illegal dumping, and may include but need not be limited to proposals for funding of cleanup activities, for education and outreach or for studies to evaluate the causes of illegal dumping. The proposed mechanism may not require the stewardship organization or collectors to enter private property without authorization from the property owner or other appropriate authority.
(k) Provide for public education, advertising and promotion of discarded mattress col- lection opportunities statewide and on a regular basis.
(L) Include a closure plan that addresses how the stewardship organization will settle the affairs of the mattress stewardship program in the event of dissolution of the stewardship organization or cessation of operations of the mattress stewardship program by the stewardship organization in this state.
(m) Describe methods that will be used by the stewardship organization to coordinate activities with existing recycling programs, including existing nonprofit organizations that are mattress recyclers, to further the environmentally sound management of discarded mattresses.
(n) Address procedures for identifying substantial or material changes to the system for collecting discarded mattresses for which a plan amendment will be required under section 7 of this Act.
(2) The anticipated annual operating budget for a mattress stewardship program shall include, but need not be limited to, budget line items relating to:
(a) The collection, transportation and processing of program mattresses;
(b) The administrative costs of the mattress stewardship program to the stewardship organization;
(c) The costs of compensating collection sites for their reasonable actual costs to collect and manage discarded mattresses;
(d) The anticipated amount of moneys that the stewardship organization will hold in un- allocated reserve funds for the mattress stewardship program; and
(e) The annual fee to be paid to the department pursuant to section 9 (3) of this Act.
(3) In operating a mattress stewardship program, a stewardship organization shall:
(a) Meet the requirements of the plan submitted under this section, as approved by the department pursuant to section 6 of this Act.
(b) Meet or exceed the service requirements described in section 5 of this Act.
(4) Notwithstanding section 4 of this Act, the initial plan submitted by a stewardship organization is not required to include the information described in section 4 (1)(g) or (L) of this Act. A stewardship organization operating a mattress stewardship program shall first submit the information described in section 4 (1)(g) and (L) of this Act pursuant to the notification procedures set forth in section 7 (3) of this Act no later than two years after implementation of the mattress stewardship program.
(5) (b) At least 180 days before the expiration of a plan approved under section 6 of this Act, the stewardship organization shall submit the plan to the department to be reapproved for an additional five years as a subsequent plan. A plan submitted under this paragraph must include proposed improvements based on the results of the study conducted under section 9 (4)(a) of this Act.
SECTION 5. (1)(a) A plan submitted under section 4 of this Act must provide for convenient consumer access to the program, including permanent mattress dropoff locations throughout the state, collection events in underserved areas of the state, and a convenient way for the public to access a list of mattress collection opportunities.
(b) A plan may provide for methods for providing convenient service that are alternative methods to those provided for in paragraph (a) of this subsection if, based on a geographic information systems analysis or additional information, the alternative methods will result in providing service to residents throughout this state at an equivalent level of convenient service compared with the methods provided for under paragraph (a) of this subsection.
(2) A stewardship organization shall:
(a) Establish and maintain collection sites at:
(A) Permitted solid waste facilities; or
(B) Other suitable sites for the collection of discarded mattresses, if the sites do not impose a fee for making space available for storage containers.
(b) Provide for storage containers at no charge at, and transportation and recycling of program mattresses from, collection sites described in paragraph (a) of this subsection.
(c) Provide financial compensation to collection sites described in paragraph (a) of this subsection for their reasonable actual costs to collect and manage discarded mattresses.
(d) Provide for bulk pickup service at no cost to collect a minimum of 100 properly source separated program mattresses at one time from persons including, but not limited to:
(A) Public bodies including state government bodies, local government bodies and special government bodies;
(B) Retailers;
(C) Public or private disposal, transfer or material or energy recovery sites or facilities;
(D) Health care, educational or military facilities; and
(E) Hotels, motels, inns and other establishments that provide transient lodging.
(e) Offer organizations that recycle or renovate discarded mattresses the opportunity to participate as collection sites.
(f) Prioritize renovation or recycling over disposal in providing for the environmentally sound management and final disposition of program mattresses under the mattress stewardship program.
(g) Notify retailers that sell or offer for sale mattresses made or sold by producers or renovators registered with the stewardship organization about the mattress stewardship program and provide retailers with information necessary to comply with sections 1 to 14 of this Act.
SECTION 6. (1) The Department of Environmental Protection shall approve, reject or request additional information for a plan submitted under section 4 of this Act or an amendment to a plan submitted under section 7 of this Act no later than 90 days after the date the department receives the plan or plan amendment from the stewardship organization. The department shall post a plan or plan amendment on its website and provide for a public comment period of no less than 30 days before approving, rejecting or requesting additional information on the plan or plan amendment.
(2)(a) If the department rejects, or requests additional information for, the plan or plan amendment, the department must provide the stewardship organization with the reasons, in writing, that the plan or plan amendment does not meet the plan requirements of section 4 of this Act. The stewardship organization shall have 60 days from the date that the rejection or request for additional information is received to submit to the department any additional information necessary for the approval of the plan or plan amendment. The department shall review and approve or disapprove the revised plan or plan amendment no later than 45 days after the date the department receives the revised plan or plan amendment.
(b) A stewardship organization may resubmit a revised plan or plan amendment to the department on not more than two consecutive occasions. If, after the second consecutive resubmission, the department determines that the revised plan or plan amendment does not meet the plan requirements of section 4 of this Act, the department shall modify the plan or plan amendment as necessary for the plan or plan amendment to meet the requirements of section 4 of this Act and approve the plan or amended plan.
(3) The department’s rejection of, or request for additional information for, a plan amendment does not relieve a stewardship organization from continuing to implement a mattress stewardship program in compliance with a previously approved plan pending a final action by the department on the plan amendment.
(4) Beginning no later than 90 days after a plan or amended plan is approved under this section, a stewardship organization must implement a mattress stewardship program as de- scribed in the plan or amended plan.
(5)(a) Upon a written finding described in paragraph (b) of this subsection, and after providing the stewardship organization an opportunity to respond to the finding, the department may, in addition to any other penalty provided by law:
(A) Revoke approval of a plan or plan amendment under this section or require a stewardship organization to resubmit a plan or plan amendment; or
(B) Require a stewardship organization to meet reporting requirements in addition to those required under section 9 of this Act, as the Commissioner of the Department of Environmental Protection determines by rule or order may be appropriate to avoid future violations.
(b) Paragraph (a) of this subsection applies only if the department finds:
(A) That a stewardship organization has violated a provision of sections 1 to 14 of this Act; and
(B) That the violation has a material impact on the implementation and administration of a plan previously approved by the department under this section.
SECTION 7. (1) A stewardship organization shall submit to the Department of Environ- mental Protection for approval an amendment to a plan that has been approved by the department under section 6 of this Act if, at any time:
(a) There is a substantial or material change, as provided for under section 4 (1)(n) of this Act, to the system for collecting discarded mattresses;
(b) The stewardship organization proposes a change to the mattress stewardship assessment; or
(c) The department requests an amendment to the plan in order to address a specific finding by the department that:
(A) The administrative costs of the stewardship organization for the mattress stewardship program equaled 20 percent or more of the organization’s total annual operating budget for the program during the prior calendar year; or
(B) The unallocated reserve funds held by the stewardship organization for the mattress stewardship program during the prior calendar year equaled 75 percent or more of the organization’s total annual operating budget for the program during the year.
(2) The department may not request an amendment under subsection (1)(c) of this section until two years after the implementation of a mattress stewardship program by the stewardship organization.
(3) Not less than once per month, a stewardship organization shall provide written notice to the department of any changes made during the previous month to a plan approved by the department under section 6 of this Act that are changes for which an amendment is not required under subsection (1) of this section. Changes subject to notice under this subsection include, but are not limited to:
(a) A change in the location or the number of permanent collection sites identified in the plan;
(b) A change in the producers or renovators that are registered with the stewardship organization; or
(c) A change in the recyclers or renovators that manage the discarded mattresses collected by the stewardship organization under the program.
(4) If the department determines that a change for which notice was given under sub- section (3) of this section has a material impact on a previously approved plan, the department may require the stewardship organization to submit an amendment under subsection
(1) of this section, regardless of whether the change has been implemented.
SECTION 8. (1)(a) A plan submitted under section 4 of this Act and approved by the Department of Environmental Protection under section 6 of this Act is valid for five years.
SECTION 9. (1) A stewardship organization that implements a mattress stewardship program pursuant to a plan approved by the Department of Environmental Protection under section 6 of this Act shall, no later than July 1 of each year, submit for review and approval to the department:
(a) The annual report provided for under subsection (2) of this section for the preceding calendar year;
(b) An updated budget for the upcoming calendar year that follows the budget requirements provided for in section 4 of this Act; and
(2) The annual report submitted by a stewardship organization shall include, at a mini- mum, with respect to mattresses collected in this state:
(a) The mattress stewardship program’s costs and revenues for the previous calendar year;
(b) Information on the number and tonnage of discarded mattresses collected pursuant to the mattress stewardship program during the previous calendar year at a sufficient level of disaggregation to determine how the program is performing in different regions of the state;
(c) Information on the number and tonnage of program mattresses collected pursuant to the mattress stewardship program for recycling during the previous calendar year at a sufficient level of disaggregation to determine how the program is performing in different regions of the state;
(d) Information on the number and tonnage of program mattresses collected pursuant to the mattress stewardship program for renovation during the previous calendar year at a sufficient level of disaggregation to determine how the program is performing in different regions of the state which renovators shall provide upon request of the Department not more than once annually;
(e) The weight of mattress materials recycled and the final disposition of mattress materials, by weight and by material, sold as commodities in secondary markets;
(f) The weight of mattress materials sent for disposal at each of the following:
(A) Waste-to-energy facilities;
(B) Landfills; and
(C) Any other facilities;
(g) An evaluation of why the mattress materials sent for disposal were not recycled and a description of efforts that will be taken to increase the recycling rate of mattress materials under the mattress stewardship program;
(h) The number of discarded mattresses received through collection that were not program mattresses, the number of discarded mattresses that were illegally dumped as reported to the department, an analysis of how the data required by this paragraph has changed over time and strategies the stewardship organization will take to address discarded mattresses that are not program mattresses and discarded mattresses that are illegally dumped;
(i) The total sales of mattresses sold to consumers in this state in the previous calendar year by producers, renovators and retailers registered with the stewardship organization;
(j) A summary of the public education offered in the previous calendar year that supports the mattress stewardship program and examples of public education materials;
(k) An evaluation of the effectiveness of methods and processes used to achieve the goals of the mattress stewardship program, information on progress made toward achieving the goals, an explanation of why any goals were not met during the previous calendar year and any efforts that will be taken to improve progress toward meeting the goals in the future, if applicable;
(L) A report by an independent certified public accountant, retained by the stewardship organization at the stewardship organization’s expense, on the accountant’s audit of the stewardship organization’s financial statements;
(m) A report on the outcome of audits of entities the stewardship organization contracts with, as provided in section 4 (1)(e)(B) and (C) of this Act; and
(n) Recommendations for any changes to the mattress stewardship program, including the potential utility of a ban on disposal of mattresses and information relevant to compliance with the plan.
(3) The department shall establish an annual fee to be paid by the stewardship organization that is reasonably calculated to cover the costs to the department to administer, implement and enforce sections 1 to 14 of this Act. The department shall provide notice to a stewardship organization no later than April 1 of each year of the annual fee for the upcoming calendar year. Fees collected by the department under this section shall be deposited in the State Treasury to the credit of the Mattress Stewardship Fund established under section 12 of this Act.
(4) In addition to meeting the requirements of subsection (1) of this section, a stewardship organization shall:
(a) Conduct during the third year of implementing a mattress stewardship program, and in consultation with community organizations, a study evaluating the most effective methods of providing discarded mattress collection services to low-income individuals and multifamily housing structures.
(b) Include in the annual report required for the third year of implementing a mattress stewardship program under a plan or initial plan approved under section 6 of this Act:
(A) A report to the department on the scope of discarded mattresses in this state that are not being collected as part of the stewardship organization’s mattress stewardship pro- gram and recommendations on how to direct the discarded mattresses to, and include them, in the stewardship organization’s program; and
(B) A life cycle assessment report of mattresses sold in this state.
(5)(a) The department may require a stewardship organization to have a performance audit of the mattress stewardship program conducted and to include a report on the performance audit in the next required annual report. A performance audit required under this subsection must conform to audit standards established by nationally recognized entities including, but not limited to, the United States Government Accountability Office and the National Association of State Auditors, Comptrollers and Treasurers.
(b) Except as provided in paragraph (c) of this subsection, the department may require a performance audit to be conducted under paragraph (a) of this subsection no more than once every five years. The department may not first request a performance audit to be conducted until the third year that a stewardship organization has implemented a mattress stewardship program.
(c) The department may require a performance audit to be conducted under paragraph
(a) of this subsection less than five years after the last time that a performance audit was conducted, if the department determines that the performance audit is warranted based on information contained in a plan amendment submitted to the department under section 7 of this Act.
(6) The department may not disclose any confidential proprietary information obtained by the department under this section or section 4, 5, 6 or 7 of this Act.
SECTION 10. (1)(a) The Commissioner of the Department of Environmental Protection shall appoint a mattress stewardship program advisory committee of not more than 10 members representing the interests of the following entities in the stewardship of discarded mattresses:
(A) Local governments;
(B) The solid waste industry;
(C) The environmental community; and
(D) The public.
(b) The Commissioner may not appoint to the advisory committee any person that has or who may have a pecuniary interest in any contract awarded by a stewardship organization as part of the implementation of a mattress stewardship program.
(2) The advisory committee shall meet not less than once annually and shall consult with stewardship organizations operating mattress stewardship programs and advise the Department of Environmental Protection regarding:
(a) The review and approval of any plan for the development and implementation of a mattress stewardship program submitted to the department under section 4 of this Act;
(b) The review and approval of any amendment to a plan submitted under section 7 of this Act; and
(c) The review of annual reports submitted by a stewardship organization under section 9 of this Act.
SECTION 11. (1) The Department of Environmental Protection shall have the power to enter upon and inspect, at any reasonable time, any public or private property, premises or place for the purpose of investigating either an actual or suspected violation of sections 1 to 14 of this Act.
(2) A stewardship organization shall retain all records related to implementation of a mattress stewardship program for not less than three years and make the records available for inspection by the department upon request.
SECTION 12. The Mattress Stewardship Fund is established, separate and distinct from the General Fund. All moneys in the Mattress Stewardship Fund are continuously appropriated to the Department of Environmental Protection and may be used only to pay the costs of administering, implementing and enforcing sections 1 to 14 of this Act.
SECTION 13. (1) The Massachusetts General Court declares that the collaboration of producers and stewardship organizations to develop and implement mattress stewardship programs is in the best interests of the public. Therefore, the Legislature declares its intent that the establishment, administration, collection or disbursement of the mattress stewardship assessment shall be exempt from state antitrust laws. The Legislature further declares its intent to provide immunity for the establishment, administration, collection or disbursement of the mattress stewardship assessment from federal antitrust laws.
(2)(a) This section does not authorize any person to engage in activities or to conspire to engage in activities that constitute per se violations of state or federal antitrust laws that are not authorized under sections 1 to 14 of this Act.
(b) This section does not apply to any activities related to:
(A) Pricing agreements for mattresses unrelated to the mattress stewardship assessment;
(B) Agreements regarding the output or production of mattresses; or
(C) Restrictions on the geographic area in which, or the consumers to whom, mattresses will be sold.
(3) The Department of Environmental Protection shall actively supervise the conduct of a stewardship organization in establishing, administering, collecting and disbursing the mattress stewardship assessment.
SECTION 14. The Department of Environmental Protection may adopt rules as necessary to implement sections 1 to 14 of this Act.
SECTION 15. Sections 1 to 14 of this Act apply to all producers, renovators and retailers engaging in the activities set forth in section 3 (1) of this Act upon passage of this Act into law.
SECTION 16. (1) Sections 1 to 15 of this Act become operative upon passage of this Act into law.
(2) The Department of Environmental Protection may take any action before the operative date specified in subsection (1) of this section that is necessary for the commission and the department to exercise, on and after the effective date of this section, all of the duties, functions and powers conferred on the department by sections 1 to 14 of this Act
SECTION 17. (1) Initial plans for mattress stewardship programs under sections 4 and 8 of this Act must be submitted to the Commissioner of the Department of Environmental Protection no later than 180 days after this Act becomes law.
(2) Notwithstanding section 6 (4) of this Act, a stewardship organization shall implement a mattress stewardship program as described in an initial plan submitted pursuant to subsection (1) of this section no later than seven months after the date that the initial plan is approved by the department under section 6 of this Act.
SECTION 18. This Act shall take effect upon passage.
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An Act relative to the reduction of plastics
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H882
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HD3981
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-20T11:56:01.64'}
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[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-20T11:56:01.64'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-11T13:32:37.4366667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-24T17:00:09.98'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-24T17:00:09.98'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-24T17:00:09.98'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-14T18:09:25.59'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-12T10:56:29.55'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-21T15:18:51.9133333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-05-30T16:17:40.1133333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-05-30T16:17:40.1133333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-06-13T11:46:49.6566667'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-06-13T11:46:49.6566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H882/DocumentHistoryActions
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Bill
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By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 882) of Edward R. Philips and others relative to the reduction of plastics. Environment and Natural Resources.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the following chapter:-
CHAPTER 21P: MASSACHUSETTS PLASTICS REDUCTION ACT
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Biodegradable”, made entirely of organic materials, including wood, paper, bagasse and cellulose.
“Carryout bag”, a bag provided to a customer to hold items purchased from or serviced by a retail establishment. A carryout bag does not include a bag: (i) provided by a pharmacy to a customer purchasing prescription medication; (ii) used to protect items from damaging or contaminating other purchased items placed in a recycled paper bag or a reusable grocery bag; (iii) provided to contain an unwrapped food item; (iv) used to protect articles of clothing on a hanger; (v) used to prevent frozen food items from thawing; (vi) containing products or items that are saturated, wet, prone to leak or need to be immersed in a liquid; (vii) containing products or items that are granular, powdery, dirty or greasy; or (viii) used to protect small items from loss.
“Compostable”, made entirely of material capable of being broken down or decomposed at the end of its useful life into a beneficial soil amendment or conditioner. Composting shall not include thermochemical processing.
“Department”, the department of environmental protection.
“Disposable”, designed to be discarded after a single or limited number of uses and not designed or manufactured for long-term multiple reuse.
“Food facility”, an operation that stores, prepares, packages, serves, vends, or otherwise provides food to the public for human consumption, regardless of the intended location of such consumption.
“Food service ware”, disposable products used for serving or transporting foods or beverages for human consumption, including without limitation plates, bowls, trays, cups, cartons, hinged or lidded containers, straws, stirrers, cup spill plugs, cup sleeves, condiments containers, utensils, cocktail sticks/picks, toothpicks, film wrap, and napkins. Food service ware does not include detachable lids for beverage cups or food containers, coolers or ice chests.
“Person”, an individual, partnership, trust, association, corporation, society, club, institution, organization or other entity.
“Postconsumer recycled material”, material used in a recycled paper bag that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle, and that does not comprise any material or byproduct generated from, and commonly reused within, an original manufacturing and fabrication process.
“Recycle”, to separate, dismantle, or process the materials, components or commodities in covered materials for the purpose of preparation for use or reuse in new products or components. Recycling shall not include energy recovery or energy generation by means of combustion including but not limited to pyrolysis, gasification and any other heat chemical conversion processes, landfill disposal of discovered covered products, or discarded product component materials.
“Recycled paper bag”, a paper bag that is 100 per cent recyclable and contains at least 20 per cent postconsumer recycled material; provided, however, that a paper bag with a weight load capacity of more than 8 pounds shall contain at least 40 per cent postconsumer recycled material.
“Retail establishment”, a store or premises in which a person is engaged in the business of selling or providing merchandise, goods, foods, or item servicing directly to customers, including, but not limited to, grocery stores, department stores, pharmacies, convenience stores, restaurants, coffee shops, food trucks and other mobile businesses, and seasonal and temporary businesses, such as farmers markets and public markets; provided, however, that a “retail establishment” shall include a non-profit organization, charity or religious institution that holds itself out to the public as engaging and does engage in retail activities that are characteristic of similar type retail businesses, whether or not for profit when engaging in such activity.
“Reusable bag”, a bag that: is made of machine-washable cloth, fabric, hemp or other woven or non-woven fibers; has handles that are stitched and not heat-fused; and is designed and manufactured for multiple uses. A bag made of plastic film of any thickness is not a reusable bag.
“Serviced” or “Servicing”, the past or present act of cleaning, repairing, improving, refinishing or altering an item owned by a customer by a person engaged in a retail business of customarily providing such services, including, but not limited to, dry cleaning and tailoring articles of clothing, jewelry repair and shoe and leather repair.
Section 2. (a) A retail establishment shall not provide a customer with a carryout bag unless such carryout bag is a recycled paper bag or a reusable bag; provided, however, that a retail establishment shall charge a customer not less than ten cents per carryout bag; and provided further, that a carryout bag purchased under this section shall not be subject to taxation pursuant to chapter 64H or 64I.
(b) A retail establishment shall remit five cents per recycled paper bag sold to the commissioner of revenue at the same time and in the same manner as sales taxes are due to the commonwealth. The department of revenue may promulgate regulations to facilitate the collection of the fee set forth in this subsection.
(c) Except as provided in subsection (b), a retail establishment shall retain amounts charged to customers for carryout bags.
(d) Nothing in this section shall prohibit: (i) a customer from bringing a personal bag made or comprised of any material to a retail establishment to carry out items purchased from or serviced by the retail establishment; or (ii) a retail establishment from selling or offering for sale to customers packages containing several bags, products or goods with a protective or other bag received from a manufacturer or distributor, or bags offered for sale as a product or merchandise that are not carryout bags.
(e) This section shall not apply to bags otherwise required to be used under state or federal law or a nonprofit organization, charity or religious institution in the provision or distribution of food, clothing or other items at no cost or substantially reduced cost.
(f) A retail establishment that violates this section shall be subject to a warning for a first violation, a civil penalty of not more than $500 for a second violation and a civil penalty of not more than $1,000 for a third or subsequent violation. Each day a retail establishment is in violation of this section shall be considered a separate violation.
(g) Upon attestation to the department confirming satisfaction of the criteria set forth in this subsection, this section shall not apply to retail establishments with not more than 3 store locations under the same ownership; provided, however, that each location has not more than 4,000 square feet of retail selling space and not more than 15 employees; and provided further, that the retail establishment provided fewer than 15,000 carryout bags in total during the previous calendar year. Retail establishments exempt under this subsection shall not be prohibited from offering carryout bags for sale.
Section 3. (a) A food facility shall not provide a customer with disposable food service ware unless such food service ware is biodegradable or compostable; provided, however, that drinking straws that are not biodegradable or compostable may be provided to a customer by the customer.
(b) A food facility may charge a customer a fee for disposable food service ware; provided, however, that any such fee charged pursuant to this section shall not be subject to taxation pursuant to chapter 64H or 64I; and provided further, that a food facility charging a fee pursuant to this section shall retain the entirety of any such fee charged.
(c) A food facility that violates this section shall be subject to a warning for a first violation, a civil penalty of not more than $250 for a second violation and a civil penalty of not more than $500 for a third and each subsequent violation. Each day a food facility is in violation of this section shall be considered a separate violation.
Section 4. The department shall establish a program to provide for recycling of child passenger restraints, as defined in section 1 of chapter 90, and is hereby authorized to: (i) implement state, local, or regional child passenger restraint recycling programs; (ii) accept applications from municipalities for grants and to award grants to assist in the development or establishment of local and regional child passenger restraint recycling projects; and (iii) to partner or contract with private organizations to assist in the development or establishment of a child passenger restraint recycling program.
Section 5. No retail establishment shall sell or otherwise provide to a consumer alcoholic beverages in plastic containers less than or equal to 100 milliliters. A retail establishment that violates this section shall be subject to a warning for a first violation, a civil penalty of not more than $150 for a second violation and a civil penalty of not more than $300 for a third and each subsequent violation. Each day a retail establishment is in violation of this section shall be considered a separate violation.
Section 6. (a) No retail establishment shall sell or otherwise provide to a consumer plastic bottles containing 1 liter or less of non-carbonated, non-flavored water, except as may be required for safety, health, or emergency situations. A retail establishment that violates this section shall be subject to a warning for a first violation, a civil penalty of not more than $150 for a second violation and a civil penalty of not more than $300 for a third and each subsequent violation. Each day a retail establishment is in violation of this section shall be considered a separate violation.
(b) State funds shall not be used to purchase plastic bottles containing 64 ounces or less of non-carbonated, non-flavored water for use in facilities that are served by public water supplies or potable well water, except as may be required for safety, health, or emergency situations.
Section 7. No ordinance, by-law or other rule or regulation inconsistent with the provisions of this chapter may be adopted, promulgated or otherwise effectuated.
Section 8. The department shall conduct an annual assessment of packaging production and sales in the commonwealth. The assessment shall include, without limitation: the volume of packaging made from plastics, metals, newsprint and other paper, glass, and other material produced or sold in the commonwealth, delineated by material; the percentage of such packaging deposited into a waste management stream, including recycling and composting, delineated by material and waste management stream type; and of the packaging deposited into a waste management stream, the percentage of recyclable or compostable material actually recycled or composted, delineated by material. The department shall submit a report summarizing the assessment to the senate and house committees on ways and means and the joint committee on the environment, natural resources and agriculture not later than January 31 of each year for the preceding calendar year. The department shall also provide access to the raw data of the assessment. Each report and data set shall be a public record.
Section 9. Except as otherwise provided, the department shall promulgate regulations to implement the provisions of this chapter. The department may promulgate regulations to increase: (i) the minimum postconsumer recycled material required for recycled paper bags; and (ii) the fee established in subsection (b) of section 2.
SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after section 2QQQQQ the following section:-
Section 2RRRRR. (a) There shall be an Environmental Protection Trust Fund. The fund shall be expended to: improve the air, water, soil, or other environmental conditions for environmental justice populations, as defined by section 62 of chapter 30; provide reusable bags to environmental justice populations and individuals receiving benefits administered by the department of transitional assistance at no cost; issue grants to small businesses that are incorporated and have principal places of business in the commonwealth to assist in the reduction of plastic use within each business, including without limitation small businesses in the food service and production industries; and provide multilingual, culturally competent educational materials and programming, including but not limited to experiential education, regarding bag reuse and recycling and other aspects of environmental protection. The fund shall consist of: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; (iii) funds from public and private sources, including but not limited to gifts, grants, donations, and settlements received by the commonwealth that are specifically designated to be credited to the fund; (iv) federal funds paid to the commonwealth designated to be credited to the fund; and (v) monies paid to the commonwealth pursuant to chapter 21P. Any bond proceeds deposited into the fund shall be kept separate from any and all other funds deposited into the fund. Any balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not be transferred to any other fund or revert to the general fund.
(b) The department of environmental protection shall administer the fund. Annually not later than March 1, the department shall report on the activities of the fund from the previous calendar year to the senate and house committees on ways and means and the joint committee on environment, natural resources and agriculture. The department may promulgate regulations or issue other guidance to implement this section. The department shall consult with the department of transitional assistance to equitably implement the provision of no-cost reusable bags as set forth in subsection (a). The department shall consult with the Massachusetts growth capital corporation to equitably implement the provision of grants to small businesses to assist in the reduction of plastic use.
SECTION 3. The department of environmental protection shall prepare a plan to establish comprehensive publicly accessible statewide composting. The plan shall be designed to increase the rate at which food and organic waste is composted and reduce the contamination of waste and recycling streams by compostable materials. Not later than August 31, 2024, the department shall submit to the senate and house committees on ways and means and the joint committee on the environment, natural resources and agriculture a report stating the plan and indicating any resources necessary to implement the plan. Subject to appropriation, the department shall implement the plan by December 31, 2025.
SECTION 4. There shall be a special legislative commission for the purpose of recommending to the legislature an extended producer responsibility plan for the commonwealth. The commission shall include the commissioner of the department of environmental protection or a designee, who shall serve as chair; the commissioner of the department of agricultural resources, or a designee; the director of the office of business development, or a designee; an appointee of the attorney general with expertise in consumer protection; an appointee of the senate chair of the joint committee on environment, natural resources and agriculture; an appointee of the house chair of the joint committee on environment, natural resources and agriculture; and additional individuals appointed by the chair who represent packaging producers, retailers, waste haulers, material recovery facility operators, municipalities, food producers, farmers, statewide environmental protection organizations, statewide or community environmental justice organizations, regional or community environmental protection organizations, freshwater and marine litter programs, regional waste management entities, and environmental and human health scientists. Each commission member may represent only 1 listed category and the chair shall ensure that no category is disproportionately represented on the commission. The chair may select a third-party facilitator for the commission. The commission shall use the initial assessment report required by section 8 of chapter 21P of the General Laws in crafting its recommended extended producer responsibility plan. The recommended plan shall include a material cost differentiation system; a proposed structure for producer payments and collector reimbursements; net costs of residential curbside collection or transfer station operations, on-site processing costs for each readily recyclable material type, management costs of non-readily recyclable materials, and other cost factors; and methods of incentivizing packaging production and waste stream contamination reduction, which may include reuse and lifespan extensions. Not later than December 2, 2024, the commission shall submit its recommendations and related factual findings to the senate and house committees on ways and means and the joint committee on the environment, natural resources and agriculture and publish said recommendations and related factual findings on the website of the department of environmental protection.
SECTION 5. Except as otherwise provided herein, the provisions of this act shall take effect on August 1, 2024.
SECTION 6. Section 3 of chapter 21P of the General Laws shall take effect on September 1, 2026.
SECTION 7. Subsection (g) of section 2 of chapter 21P of the General Laws is hereby repealed.
SECTION 8. Section 7 shall take effect on September 1, 2026.
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