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An Act relative to the pesticide board
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S461
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SD230
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:20:32.327'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:20:32.3266667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-22T13:58:00.4266667'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 461) of Julian Cyr and Sal N. DiDomenico for legislation relative to the pesticide board. Environment and Natural Resources.
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Section 3 of chapter 132B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking paragraph 5 and inserting in place thereof, the following paragraph:-
The board, in addition to other powers conferred in this chapter, shall advise the commissioner of food and agriculture with respect to the implementation and administration of this chapter. The commissioner of food and agriculture shall consult and concur with the commissioner of environmental protection and commissioner of public health when rendering a decision under section 13 of this chapter, relative to the protection of groundwater sources of drinking water from pesticide contamination.
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An Act relative to recreation on private tidelands
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S462
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SD231
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:21:51.03'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:21:51.03'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-22T13:57:54.4733333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-24T16:05:14.8033333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-10-11T16:26:59.8366667'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 462) of Julian Cyr and Jason M. Lewis for legislation 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 preserving public trust rights in land affected by ocean erosion
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S463
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SD232
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:24:01.927'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:24:01.9266667'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 463) of Julian Cyr for legislation relative to preserving public trust rights in 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 protecting our coasts from offshore drilling
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S464
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SD233
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:25:01.953'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:25:01.9533333'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 464) of Julian Cyr for legislation to protect our coasts from offshore drilling. Environment and Natural Resources.
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SECTION 1. Chapter 21A of the General Laws is hereby amended by inserting after section 4C the following section:-
Section 4D. (a) For the purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:
"Development", those activities taking place following the discovery of oil and natural gas, including geophysical activity, drilling, platform construction, pipeline construction, and operation of all onshore support facilities that are performed for the purposes of ultimately producing the resources discovered.
"Exploration", the process of searching for oil and natural gas, including any drilling whether on or off known geological structures, including the drilling of a well in which a discovery of oil or natural gas is made and the drilling of any additional delineation well after the discovery that is needed to delineate any reservoir and a lessee to determine whether to proceed with development and production; and processes undertaken for the purpose of searching for oil or natural gas, including seismic air gun blasting.
"Federal waters", those waters and submerged lands lying seaward to the state waters of the commonwealth that appertain to the United States and are subject to federal jurisdiction and control.
"New or additional exploration, development, or production of oil or natural gas", includes any activity undertaken to increase the capacity of any pipeline or other infrastructure used to convey oil or natural gas from federal waters.
"Production", those activities that take place after the successful completion of any means for the removal of oil and natural gas, including that removal, field operations, transfer or resources to shore, operation, monitoring, maintenance, and workover drilling; "Producing" means undertaking those activities.
(b) Notwithstanding any general law to the contrary, offshore drilling for oil or natural gas shall be prohibited in state waters and no tidal or submerged lands in state waters shall be leased for the purposes of oil or natural gas exploration, development or production. All onshore activities related to the development and exploration of offshore drilling for oil or natural gas for the purpose of establishing the development of offshore drilling for oil and natural gas in Massachusetts coastal waters or federal waters surrounding Massachusetts coastal waters shall be prohibited.
(c) The executive office of energy and environmental affairs and any office or department within said executive office shall not: issue any permit, approval or authorization pursuant to the federal Coastal Zone Management Act of 1972 as amended, 16 U.S.C. s.1451 et seq., or any other state or federal law, rule, or regulation, for the development of any infrastructure or any activity in state waters associated with offshore drilling for oil or natural gas or increased oil or natural gas exploration, development or production in state waters or outside of state waters; enter into any lease or other conveyance of tidal or submerged lands in state waters that authorizes: (i) drilling for oil or natural gas; (ii) the construction or development of infrastructure related to increased oil and gas exploration, development or production in or outside of state waters; or (iii) any other exploration, development or production of oil or natural gas; renew or extend existing permits, leases or other conveyances or approvals for oil or natural gas exploration, development or production in state waters, or modify any such existing permits, leases or other conveyances or approvals to authorize any new or additional exploration, development, or production of oil or natural gas; permit, approve or otherwise authorize any oil or natural gas exploration, development or production in state waters; or develop, adopt or endorse any plans for the exploration, development or production of oil and natural gas in state waters.
(d) Nothing in this section shall prohibit activities in state waters related to repairing or maintaining existing infrastructure as necessary to ensure the safe operation of existing activities.
(e) The executive office of energy and environmental affairs shall promulgate rules and regulations as necessary for the implementation and enforcement of this section.
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An Act relative to indigenous representation on the Martha’s Vineyard Commission
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S465
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SD429
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:22:06.047'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:22:06.0466667'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-15T21:23:19.37'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 465) of Julian Cyr and Dylan A. Fernandes for legislation relative to indigenous representation on the Martha’s Vineyard Commission. Environment and Natural Resources.
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SECTION 1. The second paragraph of section 2 of chapter 831 of the acts of 1977 is hereby amended by striking out the words “one member of the cabinet, or his designee, appointed by the governor” and inserting in place thereof the following words:- “1 representative of the Wampanoag Tribe of Gay Head Aquinnah, appointed by the Indian tribal government”.
SECTION 2. The fifth paragraph of said section 2, as appearing in said chapter 831, is hereby amended by striking out the third sentence.
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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 promote conservation through oyster shell recycling
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S466
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SD432
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:32:25.89'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:32:25.89'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 466) of Julian Cyr for legislation to promote conservation through oyster shell recycling. Environment and Natural Resources.
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SECTION 1. Section 6 of chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following new subsection:-
“(x) (1) A taxpayer who donates oyster shells to an oyster shell recycling organization shall be eligible for a credit against the taxes imposed by this chapter. The amount of the credit is equal to five dollars per full 5 gallon bucket of oyster shells donated.
(2) The credit allowed under this subsection may not exceed the amount of tax imposed by this chapter for the taxable year reduced by the sum of all credits allowable, except tax payment made by or on behalf of the taxpayer.
(3) Any amount of the credit that exceeds the tax due for a taxable year may be carried forward by the taxpayer to any of the 3 subsequent taxable years.
(4) No deduction is allowed for the donation of oyster shells for which a credit is claimed under this section.
(5) To support the credit allowed by this section, the taxpayer shall have available for inspection a certification by the recipient organization stating the number of 5 gallon buckets of oyster shells donated by the taxpayer for the taxable year in which the credit is claimed.”
SECTION 2. Chapter 63 of the General Laws, as so appearing, is hereby amended by inserting after section 38HH the following new section:-
“Section 38II. (a) A corporation subject to tax under this chapter that donates oyster shells to an oyster shell recycling organization shall be eligible for a credit against its excise due under this chapter. The amount of this credit is equal to five dollars per full 5 gallon bucket of oyster shells donated.
(b) Any amount of the credit that exceeds the tax due for a taxable year may be carried forward by the corporation to any of the 3 subsequent taxable years.
(c) No deduction is allowed for the donation of oyster shells for which a credit is claimed under this section.
(d) The credit allowed in this chapter for any taxable year shall not reduce the excise to less than the amount due under subsection (b) of section 39, section 67 or any other applicable section.
(e) To support the credit allowed by this section, the corporation shall have available for inspection a certification by the recipient organization stating the number of five gallon buckets of oyster shells donated by the taxpayer for the taxable year in which the credit is claimed.”
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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 overcome coastal and environmental acidification and nutrient pollution
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S467
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SD435
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:41:37.793'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:41:37.7933333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-07T16:34:31.8433333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-07T16:34:31.8433333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T16:34:31.8433333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-07T16:34:31.8433333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-22T13:57:45.0466667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-07T16:11:53.1633333'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 467) of Julian Cyr, Angelo J. Puppolo, Jr., Marc R. Pacheco, Jack Patrick Lewis and other members of the General Court for legislation to overcome 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 adding after Section 15IIIIII the following section:-
Section 15JJJJJJ. 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 is hereby amended by inserting each of the following definitions within the proper place to maintain descending alphabetical order:-
(i) “ocean acidification”, the acidification of the greater Atlantic driven by atmospheric carbon deposition independent of Massachusetts coastal stressors.
(ii) “coastal acidification”, the acidification of Massachusetts coastal waters driven by background ocean acidification, eutrophication, freshwater inputs, atmospheric deposition, and any other natural or anthropogenic stressor.
(iii) “coastal stressors”, eutrophication, nutrient pollution, freshwater inputs, and atmospheric deposition from the coast acidifying coastal waters.
(iv) “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.
(v) “coastal watershed”, merrimack, parker, ipswich, north coastal, mystic, Neponset, charles, south coastal, cape cod, islands, buzzards bay, taunton, and narragansett waters.
(vi) “eutrophication”, a condition of coastal or freshwaters of having elevated nutrient concentrations. Eutrophication caused by human development is the primary cause of excessive algal growth and deoxygenation of coastal waters.
SECTION 3. Section 10 of Chapter 21N of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the phrase, “sea level rise and increased storm surge”, the following words: , ocean and coastal acidification.
SECTION 4. Chapter 21N of the General Laws is hereby amended by adding after section 11, the following section:-
Section 12
(a) The secretary of energy and environmental affairs shall establish and chair the Ocean Acidification Council. Members shall include the directors or respective designees of the office of coastal zone management, the department of environmental protection, the environmental policy act office, the department of marine fisheries, the division of ecological restoration, and the department of agricultural resources. The council shall include public members appointed by the governor, including a member of a private monitoring organization in the state, a member of the state shellfishing industry, a scientist specializing in coastal conservation, a member of the Massachusetts municipal association.
(b) The council is established to further understand and take action against the threat posed by ocean and coastal acidification. The council shall engage with and, to the extent practicable, coordinate, public and private monitoring efforts, harmonize data gathering, provide monitoring hardware and technical training, maintain a central repository for acidification data, and commission The council shall recommend mitigative interventions for coastal stressors or adaptive technologies for aquaculture, prioritizing nature-based solutions to manage stormwater and reduce nutrient pollution. Funds may target existing programs and novel approaches to restore and buffer marine habitats and resources impacted by acidification, provided that, funds contributed from commercial license fees shall only be used for shellfishing adaptation efforts under this section.
(c) Within one year of this the council’s formation, the council shall have performed and published a gap analysis for ocean monitoring, recommending measures 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 two public hearings. The analysis shall identify appropriate monitoring technologies, and select coastal waters where ocean acidification monitoring equipment shall be placed. The monitoring system should not only enable modeling for long term pH changes in coastal waters, but 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 monitoring system, implementing the system within three years from this act’s passage. 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 such studies and reports as soon as practicable, beginning at a later date if dependent on the monitoring data derived under subsection (d) . The council shall avoid duplicating regional efforts, incorporating best available science with data from the state monitoring system established by 12(d) and data from local and private monitoring efforts, where available. These efforts should, but are not limited to:
(i) model ocean and coastal acidification trends in coastal waters and project acidification trends;
(ii) study the effects of acidification on marine species that are ecologically or economically important, or understudied. The study should examine the impact of multimodal stress, and should include, at minimum, a study of acidification effects on american lobster, eastern oyster, sea scallops, quahogs, and fin fish;
(iii) clarify the causal relationship between nutrient pollution, eutrophication, and coastal acidification in coastal waters;
(iv) determine how different coastal stressors contribute to coastal acidification
(v) estimate the economic impacts of modeled and projected acidification on the Massachusetts economy;
(vi) determine if current total maximum daily loads under the Massachusetts estuaries project are sufficient to keep acidity in Massachusetts embayments within the range required by 314 CMR 4.05 through 2050, and propose changes to 314 CMR §§ 4, 5 and total maximum daily loads if needed, taking into account ocean and coastal acidification as particularized stressors.
(vii) perform a cost benefit analyses of intervention strategies to determine where pollution reductions will most efficiently resilience acidification;
(viii) develop 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 to existing state programs or proposed municipal projects for the following purposes;
(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;
(iii) implementing other appropriate measures including but not limited to, installing permeable reactive barriers and funding salt marsh restoration.
SECTION 5. Section 61 of Chapter 30 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the phrase “predicted sea level rise”, the following words: and coastal ocean acidification.
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An Act prohibiting the application of fertilizer used in the town of Nantucket except for farming purposes
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S468
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SD2466
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-08T12:15:12.303'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-08T12:15:12.3033333'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-02-08T12:15:40.2966667'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 468) of Julian Cyr and Dylan A. Fernandes (by vote of the town) for legislation to prohibit the application of fertilizer used in the town of Nantucket except for farming purposes. 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 Nantucket 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 nitrogen and phosphorus so as to improve the water quality of the Town of Nantucket. The soils of Nantucket are unique insofar as Nantucket 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 Nantucket prohibit the application of nitrogen and phosphorus added to soils through the application of fertilizers. This Act should help Nantucket 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 Nantucket, is hereby prohibited.
SECTION 4. This act shall take effect upon passage.
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[{'Description': 'SD2466 -- Nantucket', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16110&title=SD2466%20--%20Nantucket'}]
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An Act designating a certain park in the city of Cambridge as Richard McKinnon park
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S469
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SD515
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-11T12:26:34.56'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-11T12:26:34.56'}]
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 469) of Sal N. DiDomenico for legislation to designate a certain park in the city of Cambridge as Richard McKinnon park. Environment and Natural Resources.
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Notwithstanding any general or special law to the contrary, the department of conservation and recreation shall change the name of North Point Park, a park on the Charles River Reservation in the city of Cambridge, to Richard McKinnon Park in recognition of years of service developing landscapes throughout Cambridge, including the aforementioned North Point Park. The department shall erect and maintain suitable markers bearing the name.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to designate forthwith a certain park in the city of Cambridge, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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An Act relative to the distribution of cannabis seeds
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S47
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SD1197
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-19T10:13:56.137'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-19T10:13:56.1366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S47/DocumentHistoryActions
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Bill
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By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 47) of William N. Brownsberger for legislation relative to the distribution of cannabis seeds. Cannabis Policy.
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SECTION 1. Section 1 of Chapter 94C of the General Laws, as appearing in the 2020 official edition, is hereby amended by striking out, in line 237, the words “the seeds thereof; and”;
and further, by striking out, in line 239, the words “its seeds”;
and further, by striking out, in lines 244 and 245, the words “the sterilized seed of the plant which is incapable of germination” and inserting in place thereof the following words:- “the seeds thereof whether or not capable of germination.”.
SECTION 2. Section 1 of Chapter 94G of the General Laws, as appearing in the 2020 official edition, is hereby amended by striking out, in lines 77 and 78, the words “the seeds thereof; and”;
and further, by striking out, in line 80, the words “its seeds”;
and further, by striking out, in lines 86 and 87, the words “the sterilized seed of the plant which is incapable of germination” and inserting in place thereof the following words:- “the seeds thereof whether or not capable of germination.”.
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An Act to improve notice requirements of hazardous waste release
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S470
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SD800
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T11:44:12.047'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T11:44:12.0466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S470/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 470) of Sal N. DiDomenico for legislation to improve notice requirements of hazardous waste release. Environment and Natural Resources.
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Section 4 of chapter 21E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after “such action” the following words:- "The department shall file a copy of the notice with the registry of deeds or the registry district of the land court of the county in which the real property is located not later than 30 days after the notice is mailed to the responsible party. Upon completion of necessary and appropriate response action regarding the release, the department shall file a timely notice of compliance with the registry of deeds or the registry district of the land court of the county in which the real property is located".
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An Act to reduce waste and recycling costs in the commonwealth
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S471
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SD1691
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T15:02:39.107'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T15:02:39.1066667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T13:26:12.67'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-02T12:19:05.8833333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-07T11:38:32.78'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T10:22:50.23'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T10:20:44.69'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-10T14:16:13.6966667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-14T11:46:00'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-17T10:54:21.2066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T09:50:02.6'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-02-23T15:06:57.5933333'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-03-14T21:17:59.7966667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-21T12:45:49.4866667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-06T11:14:37.72'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-05-01T12:51:06.1'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S471/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 471) of Sal N. DiDomenico, Jason M. Lewis, Patrick M. O'Connor, John J. Cronin and other members of the General Court for legislation to save recycling costs in the commonwealth. Environment and Natural Resources.
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SECTION 1. Chapter 94 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 329 the following sections:-
Section 330. Definitions applicable to Secs. 330 to 345. In section three hundred and to section three hundred and forty-five, inclusive, the following terms shall, unless the context clearly appears otherwise, have the following meanings:
"Alternative collection program”, a program for the management of packaging material that is operated by an individual producer or group of producers and that has been approved by the department in accordance with section 338.
“Brand”, a name, symbol, word or mark that identifies a product, rather than its components, and attributes the product to the owner of the brand.
“Collector”, a municipality, private hauler, association, or other entity that collects solid waste from covered entities.
“Committee”, the advisory committee as established by the department pursuant to section 342.
“Convenience”, access to recycling is available wherever access to trash disposal is provided.
“Covered entities”, residences, schools, municipal buildings, public spaces, small businesses and hospitality locations.
"Covered materials”, any packaging material or paper products, regardless of recyclability or compostability, that are sold, offered for sale, or distributed to consumers in the state, including through an internet transaction.
“Covered material category”, the categories of covered materials as defined by the department pursuant to paragraph (d) of section 342.
“Department”, the department of environmental protection.
“Hospitality location”, a place that provides food and beverage service, overnight guest accommodation, entertainment or recreation.
"Franchisee", a person that is granted a license by a franchisor to use the franchisor's trade name, service mark or related characteristic and to share in the franchisor's proprietary knowledge or processes pursuant to an oral or written arrangement for a definite or indefinite period.
"Franchisor", a person that grants to a franchisee a license to use the person's trade name, service mark or related characteristic and to share in the person's proprietary knowledge or processes pursuant to an oral or written arrangement for a definite or indefinite period.
“Material recovery facility” or “facility”, a facility that receives, processes, and sells or otherwise distributes post-consumer materials for recycling.
“Municipal solid waste”, any residential or commercial solid waste, as defined in 310 CMR 19.006.
“Municipality”, a city, town, or regional association acting on behalf of a city or town.
“Needs assessment”, a statewide evaluation of current funding needs affecting recycling access and convenience; the capacity and costs associated with the collection and transportation of recyclable material; the processing capacity, market conditions, and opportunities in the state and regionally for recyclable material; infrastructure improvement and consumer education needs and costs with respect to recycling processing, access, convenience, environmental justice and reducing contamination in collected recyclable material and in outgoing bales.
“Newspaper”, a paper that is printed and distributed daily or weekly and that primarily contains news, articles of opinion, and non-advertisement features, with less than half of space devoted to paid content.
"Packaging material", any part of a package or container, including material that is used for the containment, protection, handling, delivery, and presentation of a product that is sold, offered for sale, imported, or distributed in the state, including through internet transactions "Packaging material" does not include:
(a) A discrete type of material, or a category of material that includes multiple discrete types of material, intended to be used for the long-term storage or protection of a durable product and that can be expected to be usable for that purpose for a period of at least 5 years; or
(b) A discrete type of material, or a category of material that includes multiple discrete types of material, that is a beverage container subject to a redeemable deposit, as defined in section 321 of this chapter.
“Paper products”, paper that can or has been printed on including flyers, brochures, booklets, catalogs, greeting cards, telephone directories, magazines, paper used for copying, writing or any other general use. Paper products does not include:
(a) paper products that, by virtue of their anticipated use, could become unsafe or unsanitary to recycle; or
(b) any literary, text, reference, or other bound book; or
( c) newspapers
"Producer", with respect to a covered material, means a party that has legal ownership of the brand of a product for sale, use, or distribution in the state, including online retailers who sell into the state, that utilizes covered material. For packaging, responsible parties shall be determined based on the following criteria: (a) A person who manufactures a product under the manufacturer’s own brand that uses covered material; (b) If subparagraph (a) does not apply, a person who is not the manufacturer of a product under the manufacturer’s own brand that uses covered material, but is the owner or licensee of a trademark under which a covered material is used in a commercial enterprise, sold, offered for sale or distributed in the state, whether or not the trademark is registered; or (c) If subparagraphs (a) and (b) do not apply, a person who imports the product that uses the covered material into the state for use in a commercial enterprise, sale, offer for sale or distribution in the commonwealth.
(d) the definition of “producer” includes a franchisor of a franchise located in the commonwealth but does not include the franchisee operating that franchise.
(e). the definition of “producer” does not include a nonprofit organization exempt from taxation under the United States Internal Revenue Code, Section 501(c)(3), and any entity exempted from the program under section 331 of this chapter.
"Producer responsibility fund" or "fund", a privately held account established and managed by the stewardship organization pursuant to section 337.
"Producer responsibility organization" or "organization", a not-for-profit entity formed by all producers, whether directly or by trade organizations for subgroups of producers, and contracted by the department under section 332 to act as an agent on behalf of each producer to develop and implement a producer responsibility plan.
"Producer responsibility plan" or “plan”, a detailed plan that describes the manner in which producers shall comply with the requirements of sections 330 to 345 and all regulations promulgated by the department pursuant to sections 330 to 345.
"Packaging and paper products program" or “program”, the program implemented under section. 330 to 345 by the organization to assess and collect payments from producers based on the type and weight of covered material sold, offered for sale or distributed for sale in the commonwealth by each producer and to reimburse participating collectors for certain incurred recycling costs.
“Readily-recycled”, with respect to a covered material, that the type of packaging material or paper product, as annually determined by the department:
(a) can be sorted by entities that process recyclable material generated in the commonwealth; and
(b) has a consistent market for purchase, as based on data from the prior two (2) calendar years. For the purposes of this paragraph, "consistent market for purchase" means, with respect to a type of covered material, that entities processing recyclable material are willing to purchase full bales of that type of fully sorted covered material in quantities equal to or in excess of the supply of that fully sorted covered material.
“Readily-recycled”, does not include covered material categories or types that facilities accept in low quantities or sort out of material during additional processing steps; if facilities cannot aggregate or sell a full bale of a specific covered material category or type due to a lack of market or inability to feasibly separate, that covered material type is not readily-recyclable. Covered material categories or types shall not be considered readily-recyclable, recyclable, compostable, or reusable if they contain toxic substances as defined in this section.
"Recycling", to separate, dismantle or process the materials, components or commodities in covered materials for the purpose of preparing the materials, components or commodities for use or reuse in new products or components. "Recycling" does not include energy recovery or energy generation by means of combustion; pyrolysis, gasification and any other high-heat chemical conversion processes; or landfill disposal of discarded covered material or discarded product component materials.
“Residential”, of a place where residents live, stay, or are cared for over a period of more than two full days and nights, including but not limited to single and multifamily homes, apartments, condominiums, congregate housing, public housing, mobile home parks, dormitories, assisted living residences, nursing homes, hospitals, camps and hotels.
“School”, a public, private, or charter school, including pre-schools, K-12 schools, colleges, and universities.
“Small business”, a business that utilizes less than 1- 40 cubic yard dumpster or equivalent per week for its combined waste and recycling.
“Sustainable packaging trust” or “trust”, an expendable trust under control of the department, created under Chapter 10 section 35EEE of the Massachusetts General Laws, for the purpose of collecting funds for department administration of the packaging and paper products program or an alternative collection program, and for collecting fines related to the packaging and paper products program or an alternative collection program.
"Toxic substance", with respect to covered material, means a chemical or chemical class identified by a state agency, federal agency, international intergovernmental agency, accredited research university, or other scientific evidence deemed authoritative by the department on the basis of credible scientific evidence as being one or more of the following:
(a) a chemical or chemical class that is a carcinogen, mutagen, reproductive toxicant, immunotoxicant, neurotoxicant, endocrine disruptor.
(b) a chemical or chemical class that is persistent or bioaccumulative.
(c) a chemical or chemical class that may harm the normal development of a fetus or child or cause other developmental toxicity in humans or wildlife.
(d) a chemical or chemical class that may harm organs or cause other systemic toxicity.
(e) a chemical or chemical class that may have adverse air quality impacts, adverse ecological impacts, adverse soil quality impacts, or adverse water quality impacts.
(f) the department has determined a chemical or chemical class has equivalent toxicity to the above criteria.
“Toxic substance”, for the purposes of secs. 330 to 345, includes the following chemicals or chemical classes: Per and Poly Fluor Alkyl Substances (PFAS); an ortho phthalate; a bisphenol compound; a halogenated, organophosphorus, organonitrogen, or nanoscale flame retardant chemical; Lead; Cadmium; Mercury; Hexavalent Chromium; and Formaldehyde.
“Waste disposal bans”, has the same meaning as in 310 CMR 19.017.
Section 331. Producer exemptions. Notwithstanding any provision of sections 330 to 345 to the contrary, a producer is exempt from the requirements and prohibitions of sections 330 to 345 in any calendar year in which the producer (a) realized less than $1,000,000 in total gross revenue during the prior calendar year, or (b) the producer sold, offered for sale or distributed for sale in or into the commonwealth during the prior calendar year products contained, protected, delivered, presented or distributed in or using less than one ton of covered material in total.
Section 332. Producer responsibility organization needs assessments. To satisfy the requirements under sections 330 to 345, producers of covered materials sold or distributed into the commonwealth, or organizations formed by groups of producers for this purpose, shall, within 6 months following the enactment of this legislation, establish a producer responsibility organization that shall act as an agent and on behalf of each producer to operate the packaging and paper products program.
(a) The producer responsibility organization formed in compliance with sections 330 to 345 shall be established and operated as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code.
(b) The organization shall conduct an initial needs assessment within six months of contract award. The needs assessment shall include an assessment of the impact of the newspaper industry on recycling infrastructure and the environment in the commonwealth and may include recommendations regarding definitions in section 330 of this chapter. The initial needs assessment may also include recommendations for the producer responsibility organization plan. The needs assessment shall be published and publicly accessible on the department’s website. A copy of the needs assessment shall be filed with the clerks of the senate of the house of representatives and the joint committee on environment, natural resources and agriculture.
(c) Subsequent needs assessments shall be conducted every five years by the organization in consultation with the committee. Subsequent needs assessments may include an assessment of the impacts of the newspaper industry on recycling infrastructure in the commonwealth and may include recommendations regarding definitions in section 330 of this chapter, and may also include recommendations to include in subsequent plans. Subsequent needs assessments shall be published and publicly accessible on the department’s website. A copy of subsequent needs assessments shall be filed with the clerks of the senate and the house of representatives and the joint committee on environment, natural resources and agriculture.
Section 333. Producer plan. Within six (6) months of the promulgation of related regulations by the department pursuant to section 342, the producer responsibility organization shall submit a plan for the establishment of the producer responsibility program to the department for approval. With the exception of paragraph (h), the plan shall have a duration of five (5) years. The plan must include, at a minimum:
(a) A description of how the producer responsibility organization will administer the program, including the mechanism or process, to be developed with input from producers, by which producers may request and receive assistance from the organization in the reporting of required information and guidance for covered material modifications that would reduce fee payments; and the mechanism or process, to be developed with input from collectors, by which participating collectors may request and receive assistance from the organization in the reporting of required information and guidance for recycling program modifications that would increase access to and participation in covered entity recycling programs.
(b) A description of how the organization intends to solicit and consider input from the advisory committee
(c) A description of the funding mechanism covering the entire cost of the program, including how the organization intends to establish and manage the producer responsibility fund consistent with the requirements of sections 335 and 337, including, but not limited to: staffing the organization to manage the fund; a plan to ensure equity of access for financially or otherwise challenged municipal participants; technical support to producers and collectors regarding program requirements; administering and collecting payments to and reimbursements from the fund and the financial mechanisms, including investment types if any, the organization intends to use to manage monies within the fund.
(d) A proposed budget outlining the anticipated costs of operating the program, including identification of any start-up costs that will not be ongoing and a description of the method by which the organization intends to determine and collect producer payments during the start-up period of program operation, and to reimburse or require additional payments by those producers subsequent to the start-up period based on producer reporting of the actual amount of covered material sold, offered for sale or distributed for sale in or into the commonwealth by each producer during the start-up period. The proposed budget should describe how the organization will maintain a financial reserve sufficient to operate the program in a fiscally prudent and responsible manner, such that it considers historical variations in market values of post-consumer packaging types. The proposed budget under this paragraph may overestimate the cost of operating the program during the start-up period of operation but must describe the method and basis for any overestimate.
(e) A proposal for how expenditures from the fund will be used for investments in convenience, public outreach, education, communication, and infrastructure enhancement in a way that increases access to recycling and reuse throughout the commonwealth, and how the organization’s development of such investment proposals must incorporate input from the committee. Public outreach, education, and communication shall:
(1) Promote the proper end-of-life management of covered materials.
(2) Provide information on how to prevent litter of covered materials.
(3) Provide recycling instructions that are, to the extent practicable, consistent statewide; easy to understand; easily accessible; and in compliance with the annually published list of readily recyclable materials under paragraph (c) of section 342.
(4) Provide for outreach and education that are (i) designed to achieve covered materials goals under paragraph (f ) of this section, including the prevention of contamination of materials; (ii) coordinated across programs or regions to avoid confusion for consumers; and (iii) developed in consultation with the advisory committee.
(f) A description of how, through the proposed expenditures under paragraph (e), the organization intends to provide convenient and free consumer access to collection services or collection facilities for all covered entities in the commonwealth, and how the organization intends to achieve and assist collectors and facilities in achieving a combined reduction from a specified baseline and recycling rate, based on regular audits of outbound tonnages of covered material from facilities as reported to the department pursuant to paragraph (f) of section 342, of no less than sixty (60) percent by weight by July 1, 2030, no less than seventy five (75) percent by weight by July 1, 2035, and no less than ninety (90) percent by weight by July 1, 2040, of covered materials managed by the organization. The organization shall also provide a description of how it intends to achieve and assist collectors and facilities in achieving performance standards for each type of covered material as published annually by the department pursuant to paragraph (d) of section 342.
(g) A proposed schedule of minimum post-consumer recycled material content rate requirements for covered materials, including a description of how the organization intends to meet the proposed minimum post-consumer recycled material content rates. The minimum post-consumer recycled material content rates shall include each covered material category, and shall not be less than ten (10) percent of all material in each covered material category, by weight by 2035.
(h) A description of how the organization intends to use the materials cost differentiation system developed by the department and the annual schedule of adjustments under paragraphs (a) and (b) of section 342 to assess fees for producers of each type of covered materials, as defined by the department, in compliance with all applicable provisions of sections 330 to 345. The description must include a flat-rate fee schedule for producers generating between one (1) and fifteen (15) tons of covered materials annually. The organization shall develop an evaluation system for the fee structure, and shall annually evaluate, revise and submit an updated assessment schedule along with the annual report submitted to the department pursuant to section 339.
(i) A description of how the organization intends to fund representative third-party, independent audits of both inbound and outbound recyclable material generated in the commonwealth that is processed and sold by facilities; waste characterizations of municipal solid waste being disposed of in the commonwealth; and litter audits. The audits must be conducted at least annually, and must include:
(1) A description of the sampling techniques to be used in those audits, which must include random sampling.
(2) A description of how those audits, at a minimum, will be designed to solicit information regarding the extent to which recyclable material processed and sold by those facilities reflects the tons of each type of covered material recycled in the commonwealth and the ultimate state or country destination of and intended use for that material.
(3) Requirements regarding how the audits will be designed so that information obtained through the audit of one facility will not be used to infer information about a different facility that uses different processing equipment, different sorting processes or different staffing levels to conduct such processing.
(4) Requirements regarding how a facility will be allowed to request and receive an audit if it can credibly demonstrate that an audit result being applied to its material output is not representative of its current operations.
(5) For waste disposal audits, at a minimum, a description of the types and weight of covered material in the disposal waste stream, and the percentage by weight of the disposal waste stream that is comprised of covered materials.
(6) For litter audits, to the maximum extent practicable, a description of the covered material type by weight, identification of producer, and the general description of where the litter is accumulating throughout the commonwealth.
(j) A description of how the plan addresses the needs identified in the most recently published needs assessment.
(k) Any additional information required by the department.
Section 334. Approval of plan; plan amendments; corrective actions, termination of plan. In accordance with the applicable provisions of sections 330 to 345, the department shall review the producer responsibility plan and amendments to such plan submitted by the organization, and shall require the implementation of corrective actions by the organization to the packaging and paper products program within a specified timeframe. Following approval of the plan by the department under this section, the producer responsibility organization shall immediately begin implementation of the plan.
(a) The department shall review the producer responsibility plan submitted by the organization pursuant to section 333 and approve or deny the plan within ninety (90) days of receipt. The department shall approve the plan if the department determines that the plan meets the requirements of section 333 and is otherwise consistent with all applicable requirements of sections 330 to 345. If the department approves the plan, the department shall transmit written notice of that approval to the organization. An approval under this section must terminate five (5) years from the date of that approval but may be extended for an additional five (5)-year period following the submission by the organization of an updated plan consistent with section 333 that is approved by the department consistent with this section. The organization must submit an updated plan no later than one hundred eighty (180) days prior to the date its current plan expires.
(b) If the department determines that a submitted plan fails to meet any applicable requirements of sections 330 to 345, the department shall provide written notice to the organization describing the reasons for rejecting the plan. No later than forty-five (45) days after receiving written notice rejecting a submitted plan, the organization shall revise and resubmit the plan to the department. The department shall review the revised plan, decide whether to approve it and provide written notice of the department's decision within forty-five (45) days of receipt of the revised plan.
(c) The organization may propose modifications to the approved plan, provided the organization submits the proposed modifications to the department for review and consults the advisory committee as required under paragraph (a )(ii) of section 332. Not later than forty-five (45) days following receipt of proposed modifications, the department shall approve the modifications if the department determines the revision is in accordance with sections 330 to 345. If the department determines the revision is not in accordance with sections 330 to 345, the department shall communicate the determination to the organization, at which time the organization shall resubmit proposed modifications to the department for approval. If the department does not make a determination under this paragraph within forty-five (45) days of the receipt of a proposed modification, the modification shall be considered to be approved.
(d) If, based on its review of an organization's annual report required under section 339 or on a different basis, the department determines that the organization is not operating the packaging and paper product program in a manner consistent with its approved plan, or the provisions of this section, the department may require the organization to implement amendments to the plan or corrective actions to the program. If the organization fails to implement a department-required amendment to the plan or corrective action to the program within the time frame for implementation required by the department, the department may take enforcement actions pursuant to section 343.
Section 335. Producer payments. In accordance with the provisions of this section and the regulations promulgated by the department, within six (6) months of establishment of the organization no later than thirty (30) days after the approval under section 332, and quarterly until the first producer report is submitted to the organization, a producer shall make payments to the organization to be deposited into the producer responsibility fund under section 337, based on the amount of each type of covered material sold, offered for sale or distributed for sale in or into the commonwealth by the producer and not managed under an approved alternative collection program. The department shall promulgate regulations under section 342 setting forth the manner in which such payments must be calculated. Payments must include a producer’s share of administrative, enforcement, education and infrastructure costs, and must reflect the per ton costs associated with collection, processing, transportation and recycling or disposal of covered materials; the costs associated with increasing access to reuse and recycling of covered materials; and other criteria as determined by paragraph (b) of section 342. In total, payments made by producers to the organization shall be sufficient to cover all expenditures under section 337.
Section 336. Annual reporting by producers. Beginning no later than 180 days after the approval of the producer responsibility plan under section 334, and in conjunction with payments made pursuant to section 335, a producer shall annually report to the organization the total tons of each type of covered material sold, offered for sale or distributed for sale in or into the commonwealth by the producer in the prior calendar year and the methods for determining the reported amounts; the characteristics of that covered material that are relevant to the fee adjustment criteria as determined by the department by rule in accordance with paragraph (b), section 342; and a list of all of the producer's brands associated with that covered material. The department and advisory committee may (i) request additional data and information from the producer; and (ii) recommend amendments to the annual reporting requirements for producers.
Section 337. Producer responsibility fund; authorized expenditures. In accordance with the provisions of this section and the regulations promulgated by the department, the organization shall establish and manage a producer responsibility fund. The organization shall deposit into the fund all payments received from producers in accordance with section 335 and shall expend those funds for the following uses:
(a) To reimburse participating collectors in accordance with section 341.
(b) To fund the actual operating costs of the organization, which may not exceed the estimated operating costs indicated in the plan approved by the department pursuant to section 341, and which must be verified through a third-party audit paid for by the organization.
(c) To pay into the sustainable packaging trust all applicable fees required by the department under section 342(e).
(d) To make investments in education and infrastructure that support the reduction, recycling and reuse of covered material in the commonwealth, which are directly supported by producer payments for covered materials and must be approved by the department prior to any such expenditures, and which must incorporate input from the advisory committee. Of the expenditures from the producer responsibility fund for a fiscal year, the organization shall ensure that not less than two (2) percent is used for education and not less than eight (8) percent is used for infrastructure described under this section and in compliance with the approved producer responsibility plan under section 334. These amounts may be adjusted with approval by the department based on progress toward the achievement of the reduction and recycling targets in section 333 paragraph (c).
(1) The organization shall submit any proposed expenditure under this paragraph to the advisory committee for approval prior to making such expenditure.
(2) The department shall promulgate regulations setting approval criteria for the evaluation of proposed expenditures under this paragraph.
(3) The department shall approve or deny a proposed expenditure under this paragraph within 90 days of receipt of the proposal.
(e) To fulfill any other obligation required by the producer responsibility plan, including representative audits of covered materials from materials recovery facilities, solid waste facilities, and litter.
(f) Expenditures from the producer responsibility fund shall be used only for the uses described in this section; and shall not be used to pay penalties imposed under section 342, any costs associated with litigation against the commonwealth, or any lobbying efforts.
(g) If for any reason sections 330 to 345 are repealed, or the producer responsibility organization ceases operation, the entire fund balance shall be transferred by the organization to the Commonwealth of Massachusetts to be deposited into the sustainable packaging trust.
Section 338. Alternative collection program. In accordance with the requirements of this section and the regulations promulgated by the department, a producer or group of producers may develop and operate an alternative collection program to collect and manage a type or types of covered material sold, offered for sale or distributed for sale in or into the commonwealth by the producer or producers. A producer that manages a type of covered material under an approved alternative collection program through reduction, reuse, recycling may wholly or partially offset the producer's payment obligations under the packaging and paper product program with respect to that same type of covered material only.
(a) Once a producer responsibility organization has a plan approved by the department for the creation of a packaging and paper products program, a producer or group of producers seeking to implement an alternative collection program shall submit a proposal for the establishment of that program to the department for approval. The department shall provide an opportunity for public review and comment on the proposal or deny the proposal within ninety (90) days of receipt. The department may approve an alternative collection program for a term of five (5) years and, at the expiration of such term, the producer or group of producers operating the program may submit an updated proposal to the department for approval.
(b) In determining whether to approve a proposed alternative collection program, the department shall consider:
(1) Whether the alternative collection program will provide convenient, free, statewide collection opportunities for the types of packaging material to be collected under that program.
(2) To what extent the alternative collection program intends to manage those types of covered material to be collected under the program through reduction, reuse for an original purpose, recycling or disposal at an incineration facility. The department may not approve an alternative collection program that proposes management of a covered material type through disposal at an incineration facility unless that covered material is not readily recyclable as defined by the department pursuant to section 342 and the program proposes a process to begin reuse or recycling of that type of covered material within a period of 3 years or less. The program shall ensure that a combined reduction and recycling rate is achieved of no less than sixty-five (65) percent by weight by July 1, 2030, no less than eighty (80) percent by weight by July 1, 2035, and no less than ninety (90) percent by weight by July 1, 2040 of covered materials managed by the organization.
(3) Whether the education and outreach strategies proposed for the alternative collection program can be expected to significantly increase consumer awareness of the program throughout the commonwealth.
(4) How the alternative collection program intends to accurately measure the amount of each covered material type collected, reused, recycled, disposed at an incineration facility or otherwise managed under the program.
(5) To what extent the alternative collection program may: (i) disproportionately impact one community over another; (ii) impact environmental justice populations, as defined in section 62 of chapter 30, and (iii) provide equitable regional access to the program.
(c) A proposed modification to an approved alternative collection program must be submitted to the department for written approval. The department shall approve or deny a proposed modification based on application of the criteria described in paragraph (b).
(d) A producer or producers managing an approved alternative collection program shall report annually and concurrent with the reporting required by section 339 to the organization and to the department the following information:
(1) The total tons of each type of covered material collected, reused, recycled, disposed at a landfill or municipal waste combustor or otherwise managed under the alternative collection program in the prior twelve months, including a breakdown of the total tons of each type of material to be credited to each producer participating in the alternative collection program.
(2) A list of the collection opportunities in the commonwealth for the types of covered material managed under the alternative collection program that were made available in the prior twelve months.
(3) A description of the education and outreach strategies implemented by the alternative collection program in the prior calendar year to increase consumer awareness of the program throughout the commonwealth.
(4) Progress toward reducing the disposed tons of the material.
(5) Any additional information required by the department.
(e) No later than thirty (30) days after the approval of an alternative collection program under this section, and quarterly thereafter, a producer or producers participating in an approved alternative collection program shall make a payment into the sustainable packaging trust for the department’s administrative costs of operating the program as determined by the department pursuant to section 342(f).
(f) If the department determines that an approved alternative collection program is not operating in a manner consistent with the proposal approved under this section or the provisions of this section, the department shall provide written notice to the producer or producers operating the alternative collection program regarding the nature of the deficiency, the actions necessary to correct the deficiency and the time by which such actions must be implemented. If the department determines that the producer or group of producers have failed to implement the actions described in the written notice within the required time frame, the department shall notify the producers or group of producers as well as the producer responsibility organization in writing that the producer or group of producers are ineligible to offset payment obligations under the packaging and paper product program based on covered material managed under the alternative collection program. The department may also bring enforcement actions against the producer or group of producers under section 343.
Section 339. Annual reporting by producer responsibility organization. The producer responsibility organization shall submit an annual report to the department on a regular schedule determined by the department for the preceding calendar year the program was in operation, which shall include:
(a) Contact information for the producer responsibility organization.
(b) A list of participating producers and the brands of products associated with those producers.
(c) The total amounts of each type of covered material sold, offered for sale or distributed for sale in or into the commonwealth by each participating producer as reported in accordance with section 336.
(d) As applicable, the total amount of each type of covered material collected and managed by each producer participating in an alternative collection programs approved by the department under section 338
(e) A complete accounting of payments made to and by the organization during the prior calendar year, as determined by an independent financial audit performed by an independent auditor, including information on how the organization determined the amount of such payments in conformance with regulations promulgated in accordance with section 342.
(f) A copy of the independent audit described in paragraph (e).
(g) A list of producers not participating in the program that are required to participate in the program and any product specific non-compliance, if known by the organization.
(h) A description of education and infrastructure investments made by the organization in prior calendar years and how those expenditures quantifiably increased access to recycling and reuse of covered materials throughout the commonwealth.
(i) An updated assessment schedule, as required under paragraph (h) of section 333.
(j) Results of representative inbound and outbound audits of recyclable material processed and sold by materials recycling facilities in the commonwealth, waste characterization of municipal solid waste being disposed of in the commonwealth, and litter audits.
(k) Progress toward any program goals determined in the producer responsibility plan.
(l) Any other information the department determines to be appropriate.
Section 340. Requirements for collector reimbursements. In accordance with the provisions of this section and the regulations promulgated by the department, a collector may elect to, but is not required to, participate in the program under sections 330 to 345.
All collectors, regardless of participation status, shall provide collection and recycling of readily recycled materials covered recyclables to all covered entities to which they provide disposal service at a single cost incorporated in the trash collection rate.
The organization shall reimburse participating collectors for incurred net costs associated with collection, processing, transportation and recycling of covered materials from all residential units and schools for incurred net costs associated with processing and recycling of covered materials from covered entities. The organization shall ensure that, in the event no collector has elected to participate in the program in a given jurisdiction, convenient, equitable and free access to recycling services is available to all covered entities within that jurisdiction. Participating collectors shall not charge fees to covered entities for reimbursable costs.
(a) To be eligible for reimbursement of costs under sections 341 as a participating collector, a collector must provide for the collection and recycling of covered materials that are generated by all covered entities using its service and that are readily recyclable as listed regularly by the department and that are not collected by an alternative collection program in accordance with section 338, and must quarterly report to the organization all information necessary for the organization, on a form provided by or approved by the department, to determine the collector’s incurred net costs associated with collection, processing, transportation and recycling of recyclable material.
(b) A collector shall report the information described in paragraph (a) to the organization or coordinating body on a form provided by or approved by the department.
(b) Two or more municipalities, a regional refuse district or association, a municipally owned processing facility or quasi-municipal entity that manages materials on behalf of a municipality may elect to jointly report to the organization and jointly receive reimbursement payments from the organization.
(c) The organization shall reimburse collectors for qualifying costs within thirty (30) days of submission.
Section 341. Disbursement of collector reimbursements. In accordance with the provisions of this section, section 340, and regulations promulgated by the department, the organization shall make reimbursement payments from the fund to participating collectors for incurred costs associated with collection, processing, transportation and recycling of covered materials from all covered entities.
(a) In accordance with the regulations promulgated by the department pursuant to section 342, the organization or coordinating body shall determine the amount of reimbursements to participating collectors under this section based on the following information:
(1) Information provided by participating collectors to the organization or coordinating body in accordance with section 340 regarding the incurred net costs associated with collection, processing, transportation and recycling of recyclable material.
(4) Any other information specified by the department by rule.
(a) In accordance with regulations promulgated by the department, the organization shall use the information described in paragraph (a) to determine the total tons of each covered material type recycled by all collectors at each recycling establishment and the percentage of those total tons attributable to each participating collector. In the case of two or more municipalities that jointly send recyclable material to a recycling establishment, the organization shall assume that an equal amount of the jointly sent material is attributable to each resident of each municipality unless those municipalities by agreement identify an unequal per capita division of that jointly sent material for the purposes of this section.
Section 342. Administration and enforcement; rulemaking; fees; additional department responsibilities. The department shall administer and enforce this section and shall promulgate regulations as necessary to implement, administer and enforce this section. All regulations developed under this section shall be promulgated no later than twelve (12) months after the passage of this act.
(a) No later than three (3) months from enactment, the department shall establish an advisory committee that represents a range of interested and engaged persons, including the commissioner of the department of environmental protection or a designee, one member who shall be appointed by the attorney general and who shall have expertise in consumer protection, and one individual each representing producers, retailers, waste haulers, material recovery facility operators, municipalities, environmental and community organizations, freshwater and marine litter programs, reuse organizations, regional end-of-life management of covered materials, and environmental and human health scientists. Each individual serving on the advisory committee may represent only one (1) member of each category listed under this paragraph, and the organization shall ensure that no category has a disproportionate representation on an advisory committee. The department may select a third-party facilitator for the advisory committee.
(b) The department shall hold an advisory meeting at least quarterly; request and consider comments from the advisory committee prior to developing guidance for the plan or any modifications to the plan, and proposals by the organization for infrastructure and education investments; and include a summary of advisory committee engagement and input in the report under section 339.
(c) The department shall develop a material cost differentiation system with which the producer responsibility organization will calculate material category-specific per-ton producer payments. The material cost differentiation mechanism shall be based on the net cost of residential curbside collection or transfer station operation, on-site processing cost for each readily recyclable covered material types, management cost of non-readily recyclable covered materials, transportation cost for each covered material, and any other cost factors as determined by the department. Cost calculations shall take into consideration revenue generated from recyclable materials and must incentivize operational efficiency and contamination reduction.
(d) The department shall regularly publish a schedule of adjustments to be used by the producer responsibility organization in determining the amount of producer payments required under section 335. The schedule of adjustments shall apply to both readily and non-readily recyclable covered materials as defined in paragraph (c), and shall be used to individually adjust the fees assessed for each category of covered material as defined in paragraph (d). To minimize the extraction, manufacture, use, and end-of-life-management impacts of covered materials, the schedule of adjustments must be structured to incent:
(1) Covered material waste reduction.
(2) Reuse and lifespan extension of packaging.
(3) Use of readily recyclable materials to manufacture covered materials.
(4) Increased use of post-consumer recycled content material in covered materials so long as it does not increase the toxicity of the packaging material.
(5) Reduced use of toxic substances in covered materials, which raise the lifecycle environmental and societal costs of packaging.
(7) The use of the minimum quantity of packaging necessary to effectively deliver a product without damage or spoilage.
(7) Single-material packaging with clear recycling or disposal instructions for consumers, and other design characteristics that reduce contamination in recycling.
(8) Domestic processing of covered materials.
(9) Minimal life cycle impact of covered materials.
(e) The department shall regularly publish a list of readily recyclable materials, developed through coordination with the producer responsibility organization and material recovery facilities or other entities managing covered materials. The department shall provide for a transitional period between the time that a type of covered material is determined to be readily recyclable or to not be readily recyclable and the time that such determinations will be effective for the purposes of determining producer payments and collector reimbursements in accordance with secs. 330 to 345. The department may amend the list of readily recyclable materials as needed.
(f) The department shall coordinate with the producer responsibility organization to establish categories of covered materials. The covered material categories shall group covered materials that have similar properties such as chemical composition, shape, or other characteristics, including, but not limited to: rigid or flexible plastics made of polyethylene terephthalate (PET), polyethylene (PE), polyvinyl chloride (PVC), polypropylene (PP), polystyrene (PS), poly coated fiber, multi-layered material, other (BPA, Compostable Plastics, Polycarbonate and LEXAN); metal, such as aluminum, tin, and steel; paper; cartons; and glass.
(g) Beginning at the time that the producer responsibility organization is formed, the department shall submit to the organization, and quarterly thereafter, all costs incurred in the administration of the packaging and paper products program, including oversight, issuance of any regulations, conducting the needs assessment, any third-party facilitators hired for the advisory committee, planning, plan review, including proposed modifications to the plan under section 334, compliance, enforcement, and sufficient staff positions to administer the program. All funds shall be deposited in the sustainable packaging trust.
(h) Beginning at the time that a producer or producers begin an approved alternative collection program pursuant to section 338(a), the department shall submit to the producer or producers, and quarterly thereafter, all costs incurred in the administration of the alternative collection program, including oversight, issuance of any regulations, planning, plan review, including proposed modifications to the plan under section 338, compliance, enforcement, and sufficient staff positions to administer the program. All funds shall be deposited in the sustainable packaging trust.
(i) Beginning one (1) year after passage of secs. 330 to 345, the department shall establish a toxic substances list, and may reference existing toxic or hazardous substances lists created by other state agencies and the Interstate Chemicals Clearinghouse. Any person may petition the department to add a chemical or chemical class substance to the list based on scientific evidence. The department shall review and update the list of toxic substances at least every three years.
(j) Upon request by the department, the organization shall provide a list of producers that are participating in the program and are compliant with the program's requirements and, if known to the organization, a list of producers that are not participating in the program and are not compliant with the program's requirements.
(k) Based on the information provided to the department under paragraph (g) and any other information considered by the department, the department shall make available on its publicly accessible website a regularly updated list of producers that the department has determined are compliant with all applicable requirements of this section and a list of producers and, where applicable, specific producers or products that the department has determined are not compliant with all applicable requirements of this section. The department shall conduct outreach to retailers to ensure that retailers are aware of the information made available under this paragraph and any changes to that information.
Section 343. Enforcement. Within thirty (30) days of approval of the plan, no producer, distributor, retailer, or other responsible party for a covered material shall sell, offer for sale, use, or distribute any covered material to any person in the commonwealth if the producer of such materials is not in compliance with sections 330 to 345. No collector may provide collection for disposal unless they are in compliance with section 340.
(a) Any producer or collector that violates this section shall be subject to a fine for each violation and for each day that the violation occurs in an amount of not more than $200,000.
(b) The department may bring a civil action to enjoin the sale, distribution, or importation into the commonwealth of a covered material in violation of this part.
(c) The department may bring a civil action to enjoin the operation of a collector that fails to provide convenient recycling service at an all-inclusive price to covered entities.
(d) The penalties provided for in this section may be recovered in a civil action brought in the name of the People of the Commonwealth of Massachusetts by the Commonwealth’s Attorney General. Any funds collected under this section in an action in which the Attorney General has prevailed shall be deposited in the sustainable packaging trust.
Section 344. Antitrust laws. A producer or producer responsibility organization, including a producer's or organization's officers, members, employees and agents that organize a packaging and paper product program or an alternative collection program under sections 330 to 345, is immune from liability for the producer's or organization’s conduct under state laws relating to antitrust, restraint of trade, unfair trade practices and other regulation of trade or commerce only to the extent necessary to plan and implement the producer's or organization’s packaging and paper product program or alternative collection program consistent with the provisions of sections 330 to 345.
Section 345. Proprietary information. Proprietary information submitted to the department pursuant to the requirements of section 330 to 345 or the rules adopted pursuant to sections 330 to 345 that is identified by the submitter as proprietary information shall be kept confidential.
SECTION 2. Chapter 10 of the General Laws is hereby amended by inserting after section 35DDD the following section:
Section 35EEE. Sustainable packaging trust. There shall be established an expendable trust to be known as the sustainable packaging trust. Amounts deposited in the trust shall be used for department administration of the packaging and paper product program or an alternative collect
ion program developed under section. 330 to 345 of chapter 94 of the Massachusetts General Laws, and for other uses described in this section. Proceeds of the trust shall be invested by the treasurer and shall be under the care and custody of the commissioner of the department of environmental protection, in consultation with the committee established in paragraph (c) of section 332 of Chapter 94 of the Massachusetts General Laws. Interest earnings on funds deposited in said trust shall be credited to and become part of the trust. Proceeds from the trust shall be expended by said commissioner without further appropriation to cover administrative costs for the implementation and enforcement of this section, including oversight, issuance of any regulations, planning, plan review, review of proposed modifications to a plan developed under sections 334 or 338 of Chapter 94 of the Massachusetts General Laws, compliance, enforcement, and adequate staff positions to administer the packaging and paper products program or an alternative collection program. Adequate department staff positions shall include but not be limited to five (5) FTE positions: one managerial position, three compliance and enforcement positions, and one administrative position.
(a) Any funds collected under section 343 of chapter 94 of the Massachusetts General Laws in an action in which the Attorney General has prevailed shall be deposited in the trust, and shall be used to administer grants and loans to businesses, non-profits and collectors, as defined in section 330 of chapter 94 of the Massachusetts General Laws, to reduce environmental impacts related to the collection and recycling of the covered material category for which the penalty was exacted.
(b) The commissioner of environmental protection shall cause to be filed with the chairs of the house and senate committees on ways and means an annual report regarding the revenues and expenditures provided from the trust.
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An Act establishing sustainable and equitable funding for climate change adaptation and mitigation
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S472
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SD2174
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T21:05:00.883'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T21:05:00.8833333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-23T15:26:34.4866667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-07T13:07:14.0466667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-17T09:47:36.4066667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-18T08:42:41.0733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S472/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 472) of Sal N. DiDomenico, Joanne M. Comerford and James B. Eldridge for legislation to establish sustainable and equitable funding for climate change adaptation and mitigation. 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 inserting after the definition of “carbon dioxide equivalent”:--
“Community-Based Organization” means a not-for-profit, grassroots organization, neighborhood land trust, or other entity that is driven by community residents, the majority of whose governing body and staff consists of local residents, the main operating offices are in the community of service, priority issue areas are identified and defined by residents, solutions to address priority issues are developed with residents, and program design, implementation, and evaluation components have residents intimately involved and in leadership positions. Those organizations with staff shall meet workplace standards for fair treatment and compensation of staff.
SECTION 2. Said Chapter 21N is hereby further amended by adding the following section: -
Section 12 (a) There shall be a climate & community resilience fund, hereafter referred to as the fund, to support addressing the causes and impacts of climate change with a focus on communities with significant populations of low-income people, black, indigenous, and people of color, and people who have faced disproportionate burdens from environmental injustices. The administration of the fund shall be governed by the board established in subsections b and c, and support the costs and expenditures for actions outlined in subsection d, according to the priorities and principles outlined in subsection f, and according to the administrative guidelines outlined in subsection g.
The fund shall be in receipt of funds from the following sources:
(i) Monies from the property insurance fee established in subsection h;
(ii) any revenues or other financing sources directed to the fund by appropriation;
(iii) bond revenues or other monies authorized by the general court and specifically designated to be credited to the fund;
(iv) any income derived from the investment of amounts credited to the fund or repayment of loans from the fund;
(v) funds from public or private sources including, but not limited to, gifts, federal or private grants, donations, rebates, and settlements received by the commonwealth that are specifically designated to be credited to the fund; and
(vi) all other amounts credited or transferred into the fund from any other source.
The amounts expended from the fund during any fiscal year for the costs of state agency employees administering the fund shall not exceed a reasonable amount of total funds expended from the fund in that fiscal year. 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) There is established an eleven-member independent board.
(1) Members of the board shall have expertise in environmental justice, racial justice, food security, affordable and supportive housing, labor and workers’ rights, workforce development, building engineering and energy, resilience and adaptation, insurance and reinsurance, real estate development and management, public health and hospitals, historic preservation, and/or nature-based solutions, or any combination thereof. All members shall be current residents of the commonwealth and the composition of the board must reflect racial, ethnic, geographic, and economic diversity within the commonwealth.
(2) Two-thirds of the members of the board shall be representatives of community-based organizations with open nominations. Members of the board may request compensation for their service on the board and reimbursement for travel costs. The board shall establish a fair rate of compensation per meeting and a cumulative compensation per year.
(3) The secretary of energy and environmental affairs and climate chief shall nominate two members of the board. The speaker of the house of representatives and the president of the senate shall nominate two additional members of the board. These members shall include representatives who provide expertise listed above.
(4) Members shall serve for a term of three (3) years. As the term of any member expires, their successor, or their renewal, shall be nominated openly and chosen by the board. Every three years, the board shall choose a member to be the chair of the board. The board shall meet a minimum of four times per year and may meet more often as it deems necessary to fulfill its obligations under this section.
(5) The board shall receive staff, administrative, and budget support from the executive office of energy and environmental affairs and the office of the climate change chief. The secretary or climate chief, or their designee, shall convene the board within 30 days of enactment, and support the board in developing a plan for implementation of this section to be completed within three months of enactment, including but not limited to:
(i) choosing a chair to facilitate and manage meetings;
(ii) developing and using equitable decision-making frameworks, such as consensus building and methods of voting;
(iii) determining the frequency of meetings, record-keeping, and administrative duties; and
(iv) managing the authority of the board under subsection c.
(c) The board is authorized and directed to determine and execute actions to achieve the goals of this section, including but not limited to:
(i) selecting actions from subsection d based on priorities from subsection f for funding, costs, and expenditures from the fund;
(ii) determining funding allocations from the fund to achieve the goals of subsections d, f, and g;
(iv) determining administrative management and practices in subsection g that ensure eligibility, access, and capacity of community-based organizations receiving funds and capacity of state agencies managing the fund;
(v) ensuring transparency, accountability, monitoring, evaluation, and oversight in subsection i; and,
(vi) sharing advice and recommendations to the secretary and climate chief on how other sources and allocations of the commonwealth’s funding and the commonwealth's management of federal funding allocations for climate change adaptation and mitigation can be more equitable and sustainable and meet the goals of subsection d, f, and g.
The board may convene working groups to study or make recommendations administering, and achieving the goals of subsections d, f, and g. Working groups may include individuals not on the board, including representatives of appropriate federal, state, and local agencies and authorities, sector-specific professionals, nonprofit and community-based organizations, financial institution representatives, energy providers and utility representatives, among others.
(d) Amounts credited to the fund may be used, without further appropriation, to provide grants or loans to community-based organizations, nonprofit entities, quasi-governmental, and governmental entities for costs and expenditures incurred for actions taken to support programs and projects that achieve local, regional, or the commonwealth’s climate change mitigation and adaptation goals to address the causes and impacts of climate change and achieve the goals in subsections d, f, and g, and as defined and determined by the board established in sections b and c. Such costs and expenditures may include, but shall not be limited to, the following actions:
(i) supporting equitable and just initiatives that address environmental injustices related to the causes and impacts of climate change using a people-centered approach that centers human health, social and economic well-being and that prioritize people who have been marginalized and divested communities, especially black, indigenous, latinx, and people of color; low-income low-wealth residents; and English isolated residents. (ii) providing support to residents and individuals to mitigate risks and impacts from climate change to their health, such as supporting resilient retrofits and household equipment and devices that help provide safe, livable, resilient homes that address climate change impacts such as extreme cold, heat, flooding, or drought;
(iii) supporting residents, individuals, and outdoor workers by providing community-based resilience centers during extreme cold, heat, or flooding and providing personal cooling devices and equipment;
(iv) supporting municipal and regional coordination to advance implementation of community-identified solutions by providing resources, building staff and volunteer capacity, completing grant applications, providing technical support, and building networks in support of residents, community-based organizations, and others towards broader, more equitable access to climate adaptation and mitigation funding and programs;
(v) supporting workforce development for a diversity of well-paying careers implementing climate-related projects in the built environment and for nature-based solutions, as defined in section 1 of chapter 21N of the general laws and green infrastructure as defined in section 26A of chapter 21 of the general laws, including but not limited to smart building design and operations, urban forestry, and green stormwater infrastructure design and maintenance;
(vi) providing relief and support to low-income residents to avoid displacement and otherwise mitigate any negative impacts from rising property values and taxes due to improvements of properties and communities as a result of local activities and programs supported by the fund;
(vii) supporting, enhancing, or creating state, regional, and local initiatives and innovative efforts that meet the goals of the fund;
A. supporting shall mean providing funds to existing efforts;
B. enhancing shall mean providing additional funds to improve the equitable outcomes and administration of existing efforts; and,
C. creating shall mean providing funds to establish new efforts when absent from among existing efforts.
(vii) planning, monitoring, development, deployment, management, strategies, actions, and measures to achieve carbon emissions reductions and to adapt to and prepare for the impacts of climate change;
(viii) implementing state, regional, and local plans or strategies for climate change mitigation and adaptation, including but not limited to the state hazard mitigation and climate change adaptation plan, the clean energy and climate plan, municipal vulnerability preparedness plans, and other relevant plans;
(ix) evaluating climate plans for how well they identify priority groups that would most benefit from decarbonization and adaptation efforts, directly or indirectly; aligning state, regional, and local plans or strategies for climate change mitigation and adaptation with those for housing, health, water, and economic development; and reviewing them to ensure that these are consistent in their reducing harms in environmental justice communities and populations;
(x) providing funding for match requirements to leverage public and private investment and costs associated with securing and administering those funds;
(xi) monitoring, studying, and reporting on environmental pollutants in the air, water, or soil to prevent or minimize environmental harms to public health; and
(xii) providing administrative support described in subsection g to enhance more equitable deployment and use of state and federal funding.
The board described in subsections b and c is authorized to add to or to adapt the foregoing list of actions and expenditures.
(e) The fund shall not be used for:
(i) man-made carbon capture technologies;
(ii) purchases of offsets through carbon markets; or
(iii) other actions as determined by the board.
(f) The board described in subsections b and c shall prioritize costs and expenditures authorized by section d that achieve more equitable outcomes, including but not limited to:
(i) prioritizing equity by ensuring the majority of investments benefit environmental justice populations, as defined in sections 62J and 62 K of chapter 30 of the general laws, and low-to-moderate-income residents, and within this amount, a portion specified by the board will target environmental justice populations in communities that historically have been rendered marginalized, underserved, and overburdened by pollution, displacement, energy burden and cost while prioritizing climate, environmental, energy, and health benefits;
(ii) supporting environmental justice principles as defined and determined under section 62K of chapter 30 of the general laws;
(iii) coordinating and collaborating with the environmental justice council established under section 62L of chapter 30 of the general laws, the environmental justice director of the executive office of energy and environmental affairs, and non-profit organization coalitions supporting equitable policy and funding for environmental and climate justice;
(ii) creating jobs, requiring local hiring, increasing hiring of low-income, Black, Indigenous, and people of color, and investing in vocational training and certificate programs;
(iv) supporting nature-based solutions as defined in section 1 of chapter 21N of the general laws and green infrastructure as defined in section 26A of chapter 21 of the general laws;
(v) fostering regional collaboration across municipal and county boundaries to realize efficiencies and effectiveness and reflect ecological scales, such as watersheds;
(vi) demonstrating community support for local efforts and projects;
(vii) educating community members and conducting outreach; and,
(viii) fostering and enabling community participation via advisory council.
The board is authorized to add to or to adapt the foregoing list of criteria.
(g) The fund shall be administered to enable community-based organizations to access, use, and manage funding in ways that are consistent with the goals of the fund in subsections d, f, and g. The administration of the fund shall be guided by the following practices, including, but not limited to:
(i) transparency on the impact and benefits of funding;
(ii) clear, accessible, and transparent guidelines for funding application and distribution;
(iii) flexibility for awardees to determine how funding should be spent;
(iv) concise funding applications with guidance and support for preparing said applications to minimize administrative burden for applicants;
(v) improve collaboration and reduce competition by enabling regional awards, joint applications and awards between multiple entities, and by allowing larger organizations to subaward funds to smaller, community-based entities;
(vi) balance the need to fund small, grassroots organizations to meet community-driven goals with the need to ensure that funding is translated into action;
(vii) leverage community expertise; and,
(vii) provide flexible funding options, including but not limited to: upfront funding rather than reimbursement; providing seed and or planning funding; allowing grant funds to be used to support the continuation of existing programs; allowing grant funds to be used for community-based organization administration and operations; reducing or eliminating matching funds requirements; and allowing for multi-year funding.
The board is authorized to add to or to adapt the foregoing list of practices.
(h) There is hereby established a fee on property insurance, including but not limited to home, commercial, fire, allied lines, flood, private flood, and farmers.
The amount of the fee shall be determined by the board using the following criteria, including but not limited to:
(i) a fair distribution of the fee among the types of property owners;
(ii) affordability and tolerance for fees based on income and wealth that do not cause an economic burden for payees;
(iii) minimizes administrative costs for insurance companies; and
(iv) there shall be an opt out provision for people who cannot afford to pay.
The commissioner of the department of revenue shall have the authority to promulgate rules and regulations to carry out the purposes of this section including but not limited to:
(i) administering the fee with efficiency and effectiveness;
(ii) collecting the fee;
(iii) reducing costs to the insurance sector in the administration of fee collection;
(iv) depositing the fees into the fund;
(v) developing compliance and enforcement mechanisms, responsibility, and remedies for non-compliance.
(i) Annually, not later than December 1, the secretary of energy and environmental affairs shall report on an annual basis the activities of the fund to the clerks of the house of representatives and the senate and to the house and senate committees on ways and means and in a place and form that is publicly accessible. The report shall include:
(i) a status report on the implementation of the fund, including but not limited to an accounting of fund disbursement, a clear statement of the percentage of funds allocated to environmental justice and other low-income communities, expenditures made from the fund with a description of the authorized purpose of each expenditure, an accounting of amounts credited to the fund and any unexpended balance remaining in the fund;
(ii) an evaluation of implementation and how and whether the fund is meeting the goals of subsections b, c, and d; and,
(iii) any recommendations for statutory changes needed to meet the goals of this section
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An Act promoting climate safe buildings
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S473
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SD18
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-09T11:07:39.477'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-09T11:07:39.4766667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T16:52:34.4133333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-11T11:13:01.07'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:12:05.72'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T19:08:15.6366667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-10T13:04:30.8166667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-08-01T17:02:38.96'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S473/DocumentHistoryActions
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 473) of Lydia Edwards, Jack Patrick Lewis, James B. Eldridge, Sal N. DiDomenico and others for legislation to promote climate safe buildings. Environment and Natural Resources.
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SECTION 1. Chapter 143 of the General Laws is hereby amended by inserting after section 93 the following section:-
Section 93A. Definitions
As used in sections ninety-two to one hundred, inclusive, the following words shall, unless the context otherwise requires, have the following meanings:
“Expanded floodplain map”, any map adopted by a city or town by ordinance or bylaw that establishes, using the best available science and data, the area at flood risk based on forward-looking climate projections or on past, documented flood history, to be used in addition to the federal emergency management agency’s flood insurance rate maps.
“Base flood elevation”, the elevation of surface water resulting from a flood that has a 1 percent chance of equaling or exceeding that level in any given year.
“Climate resilience”, the ability to prepare and plan for, absorb, and recover from, and more successfully adapt to adverse events resulting from increased climate risks.
“Climate risks”, the reasonably foreseeable risks to the economy, public services and infrastructure, and public health and safety based on best available data and current science, that are attributable to current and reasonably foreseeable climate conditions, including but not limited to changes in sea level, storm frequency or intensity, drought, wind, extreme precipitation, and extreme temperature changes projected to occur as a result of climate change.
“Environmental justice population” as defined in Section 62 of chapter 30 of the General Laws.
“Exceptional non-financial hardship”, a non-financial hardship that would result from the failure to grant a requested variance and which is unusual and specific to the property involved. Exceptional non-financial hardship does not include inconvenience, aesthetic considerations, physical disabilities, personal preferences, or the disapproval of neighbors, homeowners associations, or subdivision boards.
SECTION 2. Section 93 of chapter 143, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
There is hereby established within the division of occupational licensure a board to be known as the state board of building regulations and standards, in this section and in sections ninety-four to one hundred, inclusive, called the board. The board shall adopt and administer a state building code. The board shall consist of 17 members, 1 of whom shall be the state fire marshall or their designee, one of whom shall be the commissioner of the division of occupational licensure or their designee, 1 of whom shall be the commissioner of energy resources or their designee, 1 of whom shall be the state National Flood Insurance Program Coordinator or their designee, and all 4 of whom shall serve ex-officio and shall be voting members of the board, and 13 persons to be appointed by the governor, one of whom shall be a registered architect, one of whom shall be a registered professional engineer who is a mechanical engineer, one of whom shall be a registered professional engineer who is a structural engineer, one of whom shall be a representative of the building trades, one of whom shall be a general contractor of commercial or industrial buildings, one of whom shall be a building contractor of one or two-family homes, one of whom shall be a head of a local fire department, 1 of whom shall be an expert in commercial building energy efficiency, 1 of whom shall be an expert in residential building energy efficiency, 1 of whom shall be an expert in advanced building technology, 1 of whom shall be an expert in climate resilience and adaptation planning, one of whom shall be an inspector of buildings in a town and one of whom shall be an inspector of buildings in a city. Organizations representing the appropriate constituencies shall submit names of persons for appointment as members to the board. Each member shall be appointed for a term of five years, except that in making initial appointments, the governor shall appoint one member for one year and two members to serve for two, three, four and five years respectively. Any person appointed to fill a vacancy shall serve only for the unexpired term. Any member shall be eligible for reappointment for a second term, but shall not serve more than 10 total years. Any member of the board may be removed by the governor for cause, after being given a written statement of the charges and an opportunity to be heard thereon. No member shall act as a member of the board or vote in connection with any matter as to which their private right, distinct from public interest, is concerned.
SECTION 3. The Section 95 of chapter 143 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking all text and inserting in place the following:
Section 95. The powers and duties of the board set forth in section ninety-four shall be exercised to effect the following objectives:
(a) Uniform standards and requirements for construction and construction materials, compatible with accepted standards of engineering and fire prevention practices, energy conservation, climate resilience, and public health and safety. In the formulation of such standards and requirements, performance for the use intended shall be the test of acceptability, in accordance with accredited testing standards.
(b) Adoption of modern technical methods, devices and improvements which may reduce the cost of construction and maintenance over the life of the building and reduce the impacts of and damage from climate change without affecting the health, safety, and security of the occupants or users of the buildings.
(c) Elimination of restrictive, obsolete, conflicting and unnecessary building regulations and requirements which may increase the cost of construction and maintenance over the life of the building or delay unnecessarily the use of new materials, or which may provide unwarranted preferential treatment of types of classes of materials, products or methods of construction without affecting the health, safety, and security of the occupants or users of the buildings; provided, however, that such building regulations and requirements are not necessary to reduce the impacts of and damage from climate change.
SECTION 4. The Section 98 of chapter 143 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following after the first paragraph:
The board of selectmen in a town or the city council in a city may request the use of expanded floodplain maps, based on best available climate science, including forward-looking projections, and floodplain maps based on past, documented flood history, in addition to the federal emergency management agency flood insurance rate maps for the purposes of determining base flood elevation and mandating the applicability of flood-resistant construction standards as contained in the residential and commercial base building codes where flood hazard areas are referenced. The board of selectmen in a town or the city council in a city shall certify that the city or town has formally adopted the expanded floodplain maps for official use in the city or town by ordinance or bylaw. The expanded floodplain maps shall be made publicly accessible online. If the board finds, in consultation with the executive office of energy and environmental affairs, that the use of expanded floodplain maps is in the interest of public health and safety and in support of climate resilience and adaptation objectives, and with the general purposes of a statewide building code, the board shall, after notice to said board of selectmen or city council, and after a public hearing, adopt rules and regulations, and impose conditions in connection with the adoption thereof. If the board rejects the request, the board shall provide a written explanation of the rejection to the board of selectmen or the city council at which time the board of selectmen or city council may file an appeal within 30 days to the secretary of the executive office of housing and economic development who shall, in consultation with the secretary of the executive office of energy and environmental affairs, reconsider the request and respond to the appeal within 15 days.
SECTION 5. Section 100 of chapter 143 of the General Laws, as so appearing, is hereby amended by striking out the ninth paragraph and inserting in place thereof the following paragraph:-
The appeals board may grant a variance from any provision of this code in any particular case, may determine the suitability of alternate materials and methods of construction, and may provide reasonable interpretations of the provisions of this code; provided, however, that appeals board decisions shall not conflict with the general objectives set forth in section ninety-five; provided further, that the board of building standards and regulations shall adopt a standard procedure for considering applications for variances to buildings or construction within a floodplain. Variances for buildings or construction within a floodway shall be granted in accordance with the following criteria, at minimum: (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional non-financial hardship to the applicant, (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public offense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances, and (iv) a determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
Upon the decision to grant a variance, the appeals board shall notify the applicant in writing that the issuance of a variance to construct a structure below the base flood elevation may result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and that such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions.
SECTION 6. Section 2 of chapter 21A of the General Laws, as so appearing, is hereby amended by inserting after clause (30) the following clause:
(31) develop and promulgate, in consultation with the executive office of housing and economic development and the board of building regulations and standards, as an appendix to the state building code and to the state residential code, a municipal opt-in specialized stretch resilience code that incorporates forward-looking data on climate risks including, but not limited to, inland and coastal flooding, extreme temperatures, wind, and changes in precipitation patterns and that is more stringent than the most recent edition of the international building code and international residential code. The code shall include, at a minimum, the following provisions that go beyond those in the most recent edition of the state building code: i) requirements as to freeboard and elevation above base flood elevation based on forward-looking climate data and future flood risks, ii) requirements as to the location of utilities and other critical infrastructure within a structure, iii) requirements as to wet and dry flood proofing of a structure, iv) requirements as to habitable space and uses of a structure, v) requirements as to points of ingress and egress, vi) requirements as to the ability to withstand extreme winds, and vii) requirements as to the ability to withstand extreme temperatures. The code shall also include any further language that is required to adequately prepare construction for future climate impacts including wind, extreme temperature, and flooding.
The secretary of the executive office of energy and environmental affairs shall form and consult with an advisory committee in the development of the stretch resilience code. The advisory committee shall consist of at least 17 members who shall include: the secretary of energy and environmental affairs or their designee, the chair of the board of building regulations and standards or their designee, the secretary of the executive office of housing and economic development or their designee, the commissioner of public health or their designee, the director of the Massachusetts emergency management agency or their designee, the director of the office of coastal zone management or their designee, 1 representative from an organization that represents or serves an environmental justice community, 1 representative from an affordable housing organization, 1 representative from a regional planning organization, 1 member with professional expertise in climate science and data, 1 member who is a professional planner with experience in climate adaptation and resilience, 1 member who is a certified building inspector in a city or town, 1 member who is a municipal planner, 1 member who is a certified civil engineer, 1 member who is a certified coastal engineer, 1 representative from the insurance industry, and 1 representative from the real estate development industry. The advisory committee shall be formed within six months of the bill being enacted and shall produce recommendations on requirements for the code within eighteen months of the bill being enacted. The stretch resilience code shall be promulgated no later than twenty-four months of the bill being enacted.
The secretary shall, in consultation with the board of building regulations and standards, review and update the stretch resilience code every three years, in accordance with Section 94 of chapter 143.
SECTION 7. Section 96 of chapter 143 of the General Laws, as so appearing, is hereby amended by inserting after the word “resources” in the second paragraph, the following words:-,
the specialized stretch resilience code developed and promulgated by the executive office of energy and environmental affairs,
SECTION 8. Section 100 of chapter 143 of the General Laws, as so appearing, is hereby amended by inserting after the word “resources” in the second paragraph, the following words:-,
and the specialized stretch resilience code developed and promulgated by the executive office of energy and environmental affairs,
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An Act modernizing the governance of Port Authority Parks in East Boston
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S474
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SD2332
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-05T11:26:00.723'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-05T11:26:00.7233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S474/DocumentHistoryActions
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 474) of Lydia Edwards for legislation to modernize the governance of Port Authority Parks in East Boston. Environment and Natural Resources.
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SECTION 1. Section 1 of chapter 349 of the Acts of 1986 is hereby amended as follows:
Clause (6) of said Section 1 of said chapter 349 is hereby amended by striking the first sentence in its entirety, and further amended by striking out the words “lobster facility and waterfront park” and replacing them with the word “parks.”
Clause (7) of said Section 1 of said chapter 349 is hereby amended by striking said clause in its entirety.
Clause (8) of of said Section 1 of said chapter 349 is hereby amended by striking the second sentence of said clause in its entirety, and inserting in place thereof, the following: “Phase I includes the area of the piers referred to as pier 4 and associated upland areas and consists of a park.”
SECTION 2. Section 2 of chapter 349 of the Acts of 1986 is hereby stricken in its entirety and replaced with the following language:
The following words as used in this act shall, unless the context clearly requires otherwise, have the following meanings:-
"Authority", the Massachusetts Port Authority.
"Commissioner", the commissioner of the department.
"Department", the department of conservation and recreation.
"Division", the division of capital asset management and maintenance.
"East Boston", the East Boston section of the city of Boston.
"PAC", the East Boston Project Advisory Committee, Incorporated, consisting of twenty-one members to be appointed pursuant to section 6.
“Parks”, all public open space operated and maintained by the Massachusetts Port Authority in the East Boston section of the city of Boston outside the boundaries of Logan International Airport, namely, Piers Park (Phase I, Phase II and Phase III) located at the piers, Bremen Street Park located adjacent to Bremen Street, the Al Festa Little League field located on Horace Street, and the Narrow Gauge Extension located near the Wood Island Marsh.
"Piers", Piers 1 through 4 located in the East Boston section of the city of Boston which constitute a part of the port properties as defined in chapter 465 of the acts of 1956 as amended.
"Plan", for the park(s) to be located on the Piers will consist of three phases. Phase I is the existing waterfront park being commonly known as “Piers Park” and is located on pier 4 and associated uplands areas as of the passage of this act. Phase II will be a waterfront park on associated upland areas north of pier 3, as more fully described below. Phase III will be a waterfront park on pier 3, as more fully described below. The authority has divided the development of the Piers into three phases, Phase I, Phase II and Phase III, for planning purposes and for review in accordance with sections sixty-one and sixty-two H, inclusive, of chapter thirty of the General Laws with the approval of the secretary of energy and environmental affairs.
The area of the Phase II and Phase III parks shall include at least the following as shown on Sheet Nos. 26N-14E and 26N-15E of the "City of Boston Topographic and Planimetric Survey", dated 1962 and on file with the Boston Redevelopment Authority (the BRA Plan); beginning at the eastern-most edge of Pier No. 1 and a line from that edge to Marginal Road; thence returning along said line to the water's edge at Pier 1; thence running in an easterly direction along said water's edge to the midpoint between Pier 1 and the existing Pier 3; thence running parallel to said eastern-most edge of Pier 1 to the "Pierhead and Bulkhead Line" as shown on the BRA Plan; thence running along said Pierhead and Bulkhead Line (but including the full outline of any existing piers) in a southeasterly direction to a point intersecting the line of the southwestern edge of the Phase I Park extended out to the "Pierhead and Bulkhead Line"; then running in a northwesterly direction along the edge of said Phase I Park to a point intersecting the southerly edge of Marginal Street; and then running in a northwesterly direction along the southerly edge of Marginal Street to the point of beginning. The foregoing description is meant and intended to result in a continuous of upland and pier from the edge of Pier 1, to the existing Phase I park (i.e., Piers Park), as described in the FEIR. The Phase III park shall include all pilings, supports, the bulkheads, conveyors and structures thereon or thereunder, the land underneath said Pier 3, and the Phase II park shall include all Pier 3 upland areas located southwest of Marginal Street.
SECTION 3. Section 3 of said chapter 349 is hereby stricken in its entirety and replaced with the following language:
The division, on behalf of the commonwealth and in consultation with the department, is hereby authorized and empowered to do any and all things necessary or convenient to carry out its purposes and exercise the powers conferred by this act, if any.
SECTION 4. Section 4 of said chapter 349 is hereby stricken in its entirety and replaced with the following language:
In addition to all powers otherwise granted to the authority in act or by law, the authority is hereby authorized and empowered:
(a) to enter into an agreement or agreements with the PAC concerning the planning, design, construction, use, operation, security, and maintenance of the parks and setting out the financial responsibilities of both the PAC and the authority relative to these facilities and consistent with the purposes and provisions of this act;
(b) to design in consultation with and subject to review by the PAC, and to construct, improve, maintain, and secure the parks, including associated buildings, facilities and improvements thereon as public parks for the benefit and enjoyment of the general public;
(c) to apply for and receive funds from any source, public or private, by gift, grant, bequest, or otherwise, and to expend the same on behalf of the authority to provide for the design, construction and operation of the parks;
(d) subject to the approval of the PAC, to convey or lease to an individual or entity other than The Trustees of the Reservations, a Massachusetts nonprofit corporation, the Phase III park or any part thereof, including all associated buildings and facilities and improvements thereon, for design, construction, maintenance, operation and use as a public park for the benefit and enjoyment of the general public; and
(e) to do any and all things necessary or convenient to carry out its purposes and exercise the powers conferred by this act.
SECTION 5. Section 5 of said chapter 349 as most recently amended by Section 107 of Chapter 126 of the Acts of 2022, is hereby stricken in its entirety and replaced with the following language:
(a) Any design, construction, demolition, repair or replacement of a park undertaken pursuant to this act shall be deemed a public works pursuant to section 39M of chapter 30 of the General Laws or a building project or construction of a building by a public agency for purposes of sections 44 through 58, inclusive, of chapter 7C and sections 44A through 44H, inclusive, of chapter 149 of the General Laws and chapter 149A of the General Laws, as the same may be applicable, and the prevailing wage law pursuant to sections 26 to 27H, inclusive, of chapter 149 of the General Laws shall apply.
(b) Notwithstanding the provisions of this act or any other general or special law to the contrary, any portion of the Phase III Park to be constructed pursuant to this act that is leased by the authority for a period of not less than 99 years to an entity wholly owned by a nonprofit corporation organized for conservation purposes or for the preservation of open space, the construction of such park and the improvements to be located thereon by such nonprofit corporation pursuant to such lease shall not constitute a public works pursuant to section 39M of chapter 30 of the General Laws or a building project or construction of a building by a public agency for purposes of sections 44 through 58, inclusive, of chapter 7C and sections 44A through 44H, inclusive, of chapter 149 of the General Laws and chapter 149A of the General Laws; provided, that the prevailing wage law pursuant to sections 26 to 27H, inclusive, of chapter 149 of the General Laws shall apply.
SECTION 6. Section 6 of said chapter 349 is hereby by stricken in its entirety and replaced with the following language:
Phase I of the parks is comprised of the existing park space located on pier 4 and associated upland areas being commonly known as Piers Park. Construction of Phase II park shall be commenced immediately by the authority, in consultation with the PAC. The authority is hereby directed to move as expeditiously as possible to construct Phase II park. The authority also may proceed with the proposed development of the Phase III park pursuant to the terms of a long-term ground lease with a third party entity in consultation with the PAC regarding design and the PAC’s approval of construction commencement. Notwithstanding the previous sentence, the authority shall have no obligation to commence construction of Phase III of Piers Park until bonds in an amount adequate to meet the expenditure necessary to construct said Phase III of Piers Park have been issued and sold by the state treasurer, as provided for in this section.
(a) PAC Membership. The PAC shall consist of twenty-one (21) members, seven (7) of whom shall be appointed by the district’s house of representatives member, seven (7) of whom shall be appointed by the district’s senate member, and seven (7) of whom shall be appointed by the district city councilor. Except as otherwise provided herein, members of the PAC shall serve for terms of three (3) years.
(b) For the purposes of this act, the term of initial appointments made to the PAC in the first year shall begin on March 31, 2023; provided, however, that all terms shall expire on the last day of the calendar year.
(1) Members shall be divided equally into Class One, Class Two and Class Three.
(i) Class One shall consist of seven (7) members, three (3) of whom shall be appointed by the district’s house of representatives member, two (2) of whom shall be appointed by the district’s senate member, and two (2) of whom shall be appointed by the district city councilor; provided, however, that the term of the initial appointment of Class One members shall be through December 31, 2023; provided further, that subsequent Class One members shall serve for terms of three (3) years.
(ii) Class Two shall consist of seven (7) members, two (2) of whom shall be appointed by the district’s house of representatives member, three (3) of whom shall be appointed by the district’s senate member, and two (2) of whom shall be appointed by the district city councilor; provided, however, that the term of the initial appointment of Class Two members shall be through December 31, 2024; provided further, that subsequent Class Two members shall serve for terms of three (3) years.
(iii) Class Three shall consist of seven (7) members, two (2) of whom shall be appointed by the district’s house of representatives member, two (2) of whom shall be appointed by the district’s senate member, and three (3) of whom shall be appointed by the district city councilor; provided, however, that the term of the initial appointment of Class Three members shall be through December 31, 2025; provided further, that subsequent Class Three members shall serve for terms of three (3) years.
(2) Unless otherwise specified herein, members of the PAC shall serve without compensation for terms of three (3) years.
(3) Members of the PAC must be residents of the East Boston section of the City of Boston at the time of their appointment and for the duration thereof and shall be at least eighteen (18) years of age on the date of their appointment.
(4) Appointments to the PAC shall ensure representation of the demographic, linguistic and geographic diversity of the East Boston section of the City of Boston and shall include, but not be limited to, persons identifying as immigrants, persons of color, seniors, parents or members of groups working with youth, members of groups advocating for the environment or environmental justice communities, persons with disabilities and other demographics with a vested interest in the quality and accessibility of these parks.
(5) In the event a vacancy occurs prior to the expiration of a member’s term, hereinafter, “the unexpired term”, the holder of the office who appointed said member shall appoint a new member to serve for the remainder of the unexpired term.
(6) Notice of all appointments shall be made public by the PAC.
(c) The PAC shall meet from time to time to review the operation, security and maintenance of the parks and shall advise the authority on its compliance with the requirements of this act. The PAC shall create its own bylaws and procedures.
(d) The PAC is hereby authorized and directed to enter into a contract with the authority, which will specify in detail the operational, security and maintenance requirements of the authority with respect to the parks. The PAC and authority shall review the contract from time to time and make amendments to any such contract that are reasonable and necessary in order to maintain continued uninterrupted operation, security and maintenance of the parks. In the event that the term of any such contract between the PAC and the authority concerning the operation, security and maintenance of the parks expires before the PAC and the authority renew such contract or in the event that the authority fails to renew any such contract with the PAC, the operation, security and maintenance obligations of the authority as provided in the most recently executed contract between the PAC and the authority shall continue until such time as a new or amended contract has been executed. The PAC shall also advise the authority as to the other issues in East Boston concerning the authority. The authority shall pay for the reasonable operating expenses of the PAC.
(e) The PAC shall approve all preliminary and final designs for new parks, and no construction for such parks may commence without approval of the PAC.
SECTION 7. Section 7 of said chapter 349 is hereby amended by striking all instances of the words “and lobster facility” as such words may appear throughout Section 7.
SECTION 8. Section 8 of said chapter 349 is hereby replaced with the following language:
The authority shall fund the final design, construction, operation, and maintenance of the Phase I park, and the final designs of the Phase II and Phase III parks. Notwithstanding the foregoing, the authority shall have no obligation to fund construction of the Phase III park unless and until bonds are issued by the commonwealth to meet the expenditure necessary to construct the Phase III park.
The authority shall have responsibility for the operation, security and maintenance of the parks. The authority shall enter into a contract with the PAC setting forth the standards by which said authority shall operate, secure and maintain the parks, such contracted standards shall be at least comparable to operation, security and maintenance standards employed by similar waterfront parks in the region. It shall be the responsibility of the authority, at all times, to provide adequate staffing levels necessary to operate, secure and maintain the parks in conformance with the contracted standards. Said contract shall provide that a penalty shall be assessed against said authority for any failure to comply with said contracted standards. Any and all such penalties shall be paid by said authority to the PAC to be placed in a separate account for the maintenance of the Parks. The PAC and authority shall review the contract from time to time and make amendments to any such contract that are reasonable and necessary in order to maintain continued uninterrupted operation, security and maintenance of the parks in conformance with the contracted standards. In the event that the term of any such contract between the PAC and the authority concerning the operation, security and maintenance of the parks expires before the PAC and the authority renew such contract or in the event that the authority fails to renew any such contract with the PAC, the operation, security and maintenance obligations of the authority as provided in the most recently executed contract between the PAC and the authority shall continue until such time as a new or amended contract has been executed.
SECTION 9. Section 9 of said chapter 349 is hereby amended by striking the first sentence and replacing it with the following:
Except as otherwise set forth in this act, the authority shall fund from its general revenues the final design, construction, operation and maintenance of the Phase I and Phase II. Further, except as otherwise set forth in this act, the authority shall also fund from its general revenues the final design, construction, operation and maintenance of the Phase III park, unless it is conveyed, transferred, assigned, or long-term leased to another entity in accordance with the provisions of section 4 of this act.
SECTION 10. Section 10 of said chapter 349 is hereby stricken in its entirety and replaced with the following language: “Intentionally deleted.”
SECTION 11. Section 11 of said Chapter 349 is hereby stricken in its entirety and replaced with the following language:
Any and all revenues received by the authority from the parks from rentals, fees, or any other charge or source, other than grants made for specific purposes relating to the parks, shall be deposited with the authority and applied to the operation and maintenance of the parks.
SECTION 12. Notwithstanding any general or special law to the contrary, all existing membership and bylaws of the PAC are hereby dissolved as of March 31, 2023; provided, however, that initial appointments of the members to the PAC after the date of this act shall be made as soon as practicable pursuant to section 6 of this act.
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An Act relative to maintaining adequate water supplies through effective drought management
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S475
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SD142
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T09:41:09.123'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T09:41:09.1233333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-24T16:18:33.1933333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-26T09:41:31.0333333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T09:41:31.0333333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-26T09:41:31.0333333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T16:01:57.94'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T15:20:45.8966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T18:00:19.1133333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T10:28:33.19'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-02T17:27:55.49'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-09T14:27:06.5566667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-23T11:16:13.0033333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-24T11:30:08.5833333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T10:31:29.4366667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-04T08:22:53.8566667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-10T08:54:21.1533333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-03-15T10:48:13.88'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-03-15T14:42:53.9466667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-16T11:01:38.3166667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-22T12:49:31.6966667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-04-04T17:01:39.08'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-09-28T09:28:22.84'}]
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 475) of James B. Eldridge, Michael O. Moore, Joanne M. Comerford, Jack Patrick Lewis and other members of the General Court for legislation to maintain 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 2018 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 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 reviewed every 5 years, and updated at least every 10 years. The drought management plan must be approved by the Water Resources Commission.
(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 improving municipal water infrastructure
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S476
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SD143
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:08:19.087'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:08:19.0866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T15:20:39.5233333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T18:00:11.8633333'}]
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 476) of James B. Eldridge, Lindsay N. Sabadosa and Vanna Howard for legislation to improve municipal water infrastructure. Environment and Natural Resources.
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SECTION 1. Section 3 of chapter 29C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “trust”, in line 46, the following:-
; (ix) to expend money in the Municipal Water Infrastructure Trust Fund pursuant to section 19 of chapter 29C.
SECTION 2. Chapter 29C of the General Laws is hereby amended by inserting after section 18 the following section:-
Section 19. Municipal Water Infrastructure Trust Fund
(a) There shall be a Municipal Water Infrastructure Trust Fund. The board shall be the trustee of the fund and shall expend money in the fund for municipal or regional water infrastructure projects. There shall be credited to the fund: (i) any gallon-based withdrawal assessment collected pursuant to subsection (b); and (ii) any interest earned on money in the fund. Amounts credited to the fund shall be expended by the board pursuant to subsection (b) without further appropriation. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(b) Annually, not later than July 1, each municipality shall submit to the board the number of gallons of water withdrawn from that municipality’s water source in the previous fiscal year and an assessment of $0.70 per 1,000 gallons of water withdrawn. Not later than September 30, the department shall post on the department’s website the aggregate number of gallons from the previous fiscal year withdrawn by ratepayers within each city or town.
(c) The board shall: (i) proportionately distribute ¾ of the amount received from the fund to a city or town based on the number of gallons from the previous fiscal year that were withdrawn within that city or town to pay for water infrastructure projects in the city or town; (ii) distribute ¼ of the amount collected to the Massachusetts Clean Water Trust.
(d) Annually, a city or town receiving money from the Municipal Water Infrastructure Trust Fund shall submit a report to the commissioner of the department not later than December 31 detailing the projects and the amount used or planned to be used for water infrastructure projects as described in subsection (c). The department shall compile the reports and post the projects and amounts of money used on the website of the department.
SECTION 3. The department of environmental protection shall promulgate regulations ensuring the security of public water systems by requiring public water systems drawing water from a well to completely enclose any wellhead that is part of the public water system.
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An Act relative to plastic bag reduction
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S477
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SD145
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T09:57:10.777'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T09:57:10.7766667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-02T10:38:15.0166667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-02T10:38:15.0166667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-02T10:38:15.0166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T10:38:15.0166667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-13T15:58:57.77'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-23T13:35:02.8466667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T10:31:19.1733333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T14:59:52.7533333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-30T16:06:50.4966667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-31T07:42:07.86'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-06-09T09:23:45.7233333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-06-13T11:53:13.1066667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-06-21T11:38:55.62'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-09-01T09:15:56.1066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S477/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 477) of James B. Eldridge, Hannah Kane, Lindsay N. Sabadosa, Vanna Howard and other members of the General Court for legislation relative to plastic bag reduction. 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.
PLASTIC BAG REDUCTION.
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Commissioner”, the commissioner of revenue.
“Department”, the department of environmental protection.
“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.
“Recycled paper bag”, a paper bag that (i) is 100 per cent recyclable; (ii) contains either: (A) a minimum of 40 per cent postconsumer recycled materials; or (B) if not more than a so-called 8 pound paper bag, not less than 20 per cent postconsumer recycled material; and (iii) displays on the outside of the bag the words “100% Recyclable” and either : (A) “40% postconsumer recycled content”; or (B) such other per cent of postconsumer recycled material established by department regulation.
“Retail establishment”, a store or premises in which a person is engaged in the retail business of selling or providing merchandise, goods, groceries, prepared take-out food and beverages for consumption off-premises or the servicing of an item, directly to customers at such store or premises, including, but not limited to, grocery stores, department stores, pharmacies, convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including farmers markets and public markets; provided, however, that a “retail establishment” shall also include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable roadside stand used by a person from which to engage in such business directly with customers and business establishments without a storefront, including, but not limited to, a business delivering prepared foods or other food items, web-based or catalog business or delivery services used by a retail establishment; provided further, that a “retail establishment” shall include a non-profit organization, charity or religious institution that has a retail establishment and holds itself out to the public as engaging 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 not a plastic film bag that has handles that are stitched and not heat-fused, and that is made of washable cloth, hemp or other woven or non-woven fibers, fabrics or materials that are at least 80 grams per square meter, designed and manufactured specifically for multiple uses.
“Serviced” or “Servicing”, a service performed to clean, repair, improve, refinish or alter an item of 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.
“Single-use plastic bag”, a bag made of plastic film with or without handles provided by a retail establishment to customers at its business location to carry items purchased from or serviced by the retail establishment and that is not a recycled paper bag or reusable bag.
Section 2. (a) A retail establishment shall not provide a customer with a single-use plastic bag or provide any other bag, unless specifically allowed under this chapter that is not: (i) a recycled paper bag; or (ii) a reusable bag for the customer to carry away an item purchased from or serviced by the retail establishment.
(b) Subsections (a) and (c) shall not apply to any type of bag used by a retail establishment or provided by a retail establishment to a customer for: (i) prescription medication; (ii) produce, meats, poultry, fish, bread and other food items to keep such items, including unwrapped items, fresh or unsoiled; (iii) preventing frozen food items, including ice cream, from thawing; (iv) protecting articles of clothing on a hanger; (v) protecting small items from loss; (vi) providing or distributing prepared foods, groceries or articles of clothing at no cost or at a substantially reduced cost by a nonprofit organization, charity or religious institution; or (vii) any item that requires the use of a certain type of bag under federal or state law.
(c) A retail establishment may make available for purchase a recycled paper bag or reusable bag; provided, however, that the price of a recycled paper bag or reusable bag shall be not less than $0.10; and provided further, that such a recycled paper bag or reusable bag provided to a customer to carry away an item purchased from or serviced by a retail establishment shall not be subject to tax under chapter 64H or chapter 64I.
(d) A retail establishment shall be exempt from the requirements of subsections (c) and (e) if the retail establishment: (i) has not more than 3 store locations under the same ownership and each store location has less than 4,000 square feet of retail selling space and not more than 15 employees; (ii): (A) is not a food establishment under chapter 94 or any regulations promulgated pursuant to said chapter 94; or (B) provided less than 15,000 single-use plastic bags, recycled paper bags or reusable bags to consumers at the point of sale in total during the previous calendar year; and (iii) annually submits to the department an affidavit attesting that the retail establishment meets the requirements of this subsection.
Nothing in this subsection shall prohibit a retail establishment from making available for purchase a recycled paper bag or reusable bag under subsections (c).
(e) For each recycled paper bag sold, a retail establishment shall remit $0.05 to the commissioner of revenue at the same time and in the same manner as the sales tax due to the commonwealth and such amounts shall be administered in accordance with chapter 62C.
Not less than quarterly, money received by the commissioner under this section shall be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city and town in proportion to the amount of the sums received from the sales of recycled paper bags sold in the city or town. Sums received by a city or town under this section shall be used for reusable bags for residents, litter prevention, multilingual bag reuse and recycling education and promotion, enforcement of this chapter, cleanup programs, recycling programs and associated costs, waste reduction, composting programs, beautification and community greening. If the amount of the distribution to a city or town is $25,000 or less, the chief executive officer as defined in section 7 of chapter 4, may expend such funds for the purposes provided in this paragraph without further appropriation by the city or town.
Notwithstanding section 21 of chapter 62C, the commissioner may make available to cities and towns any information necessary for the administration of the fee collected by a retail establishment under this section including, but not limited to, a report of the amount of fees collected in the aggregate by each city or town under this section in the preceding fiscal year and the identification of each individual retail establishment collecting fees on recycled paper bag sold under this chapter.
Each even-numbered year, each city and town receiving money under this subsection shall provide a report to the department on: (i) the total amount received under this subsection; and (ii) a description of expenditures made with the money received under this subsection.
(f) Nothing in this section shall prohibit 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.
(g) A retail establishment shall not be prohibited from selling or offering for sale to customers: (i) any package containing several bags, including, but not limited to, food bags, sandwich bags, yard waste bags, garbage bags or municipal pay-as-you-throw program trash bags; (ii) any product, merchandise or good with a protective bag, a bag to hold related accessories, parts or instruction manuals or a bag used as product packaging that the retail establishment received with such item or product from the manufacturer, distributor or vendor; or (iii) any bag that is not a retail type carryout bag that is sold or offered for sale as a product or merchandise, including, but not limited to, sports bags, handbags, equipment bags, tent bags or other bags specifically designed to protect or contain a particular item.
(h) Notwithstanding subsection (c) and to the extent permitted under federal and state law, a retail establishment that makes available for purchase a recycled paper bag at the point of sale shall not charge a fee for the bag to a customer using an electronic benefit transfer card as payment.
Section 3. (a) Each city and town shall enforce this chapter through its enforcing authority as determined under subsection (c).
(b) A retail establishment that violates this chapter shall be subject to a warning for the first violation, a civil penalty of $500 for the second violation and a civil penalty of $1000 for a third or subsequent violation. Each day a retail establishment is in violation of this chapter shall be considered a separate violation.
Each city and town shall dispose of a civil violation under this subsection by the non-criminal method of disposition procedures contained in section 21D of chapter 40 without an enabling ordinance or bylaw.
(c) Each city and town shall designate the municipal board, department or official responsible for the local enforcement of this chapter and for the collection of money resulting from civil penalties assessed for violations of this chapter. A city or town shall retain any civil penalties collected for such violations.
Section 4. The department shall establish standards for reusable bags including, but not limited to, the minimum amount of weight, number of uses and the minimum amount of recycled material required in reusable bags.
The department may through regulation: (i) increase or adjust the postconsumer recycled material percentage in a recycled paper bag; (ii) increase or adjust the fee established under subsection (c) of section 2; (iii) allow a retail establishment to use other non-plastic type carryout bags that are recyclable or compostable, provided however that such regulations shall not be implemented prior to the universal availability of a safe disposal route for compostable bags and, provided further, that the department shall seek public comment on said proposed regulations; and (iv) promulgate standards regulating bags authorized under subsection (b) of section 2.
The department shall, when adopting or amending any standard for an allowed recycled or reusable bag under this chapter, consult with the department of public health on issues relating to food safety and the materials used to produce the bags.
The department shall conduct an evaluation of the implementation of this act every three years and shall submit to the clerks of the senate and the house of representatives a report including legislative recommendations not later than December 31.
Section 5. Nothing in this chapter shall prohibit or limit the department’s authority to enforce this chapter.
SECTION 2. Subsection (b) of section 21 of chapter 62C of the General Laws, as amended by section 15 of chapter 5 of the acts of 2019, is hereby further amended by adding the following clause:-
(32) the disclosure of information necessary for administration of the recycled paper bag fee imposed under section 2 of chapter 21P.
SECTION 3. Subsection (d) of section 2 of chapter 21P is hereby repealed.
SECTION 4. Notwithstanding any general or special law to the contrary, the department of transitional assistance shall, if necessary to implement subsection (h) of section 2 of chapter 21P of the General Laws, use reasonable efforts to seek a waiver from the federal Food and Nutrition Service to implement said subsection (h) of said section 2 of said chapter 21P.
SECTION 5. Notwithstanding any general or special law to the contrary, the department of environmental protection shall inform the clerks of the house and senate in the case of a regional or national market shortage or a forecasted regional or national market shortage in the paper bag supply chain.
SECTION 6. Section 1 shall take effect 6 months after passage of this act.
SECTION 7. Section 3 shall take effect on January 1, 2025.
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An Act expanding the sale of products by farmer breweries and pub brewers
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S478
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SD147
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:11:53.49'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:11:53.49'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T09:35:30.8466667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T16:01:52.1266667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-09T14:26:57.3166667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-10T08:54:14.4166667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-13T13:55:38.4966667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-02-13T15:34:12.1133333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-14T10:31:09.8166667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T15:10:42.12'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-28T23:42:49.5333333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-04-11T13:00:30.7566667'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-05-18T11:02:51.5733333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-05-18T11:02:51.5733333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-06-09T09:23:37.51'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-09-01T09:15:43.4466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S478/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 478) of James B. Eldridge, Adam Scanlon, Michael J. Barrett, Paul W. Mark and other members of the General Court for legislation to expand the sale of products by farmer breweries. Environment and Natural Resources.
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Chapter 138 of the General Laws is hereby amended by striking out section 15F, as appearing in the 2016 Official Edition, and inserting in place thereof the following section:-
Section 15F. Notwithstanding any other provision of this chapter, the local licensing authority of any city or town in which the granting of licenses to sell alcoholic beverages is authorized under this chapter may issue to an applicant a special license to sell: (i) wine produced by or for the applicant at an indoor or outdoor agricultural event if the wine is in sealed containers for off-premises consumption and the applicant is authorized to operate a farmer-winery under section 19B; or (ii) malt beverages produced by or for the applicant at an indoor or outdoor agricultural event if the malt beverages are in sealed containers for off-premises consumption and the applicant is authorized to operate a farmer-brewery under section 19C or a pub brewery under section 19D. For the purposes of this section, “agricultural event” shall be limited to those events certified by the department of agricultural resources as set forth in this section.
Sales of alcoholic beverages under this section shall be conducted by the licensee or by an agent, representative or solicitor of the licensee to customers who are not less than 21 years of age. A licensee under this section may provide samples of its alcoholic beverages to prospective customers at an indoor or outdoor agricultural event without charge; provided, however, that any such sample shall be served by the licensee or by an agent, representative or solicitor of the licensee to individuals who are not less than 21 years of age and shall be consumed in the presence of the licensee or an agent, representative or solicitor of the licensee; provided further, that a sample of wine shall not exceed 1 ounce and a sample of malt beverages shall not exceed 2 ounces; and provided further, that not more than 5 samples shall be served to an individual prospective customer.
An applicant for a special license under this section shall first submit a plan to the department of agricultural resources that shall demonstrate that the event is an agricultural event. The plan shall include: (i) a description of the event; (ii) the date, time and location of the event; (iii) a copy of the operational guidelines or rules for the event; (iv) written proof that the prospective licensee has been approved as a vendor at the event, including the name and contact information of the on-site manager; (v) and a plan depicting the premises and the specific location where the license shall be exercised.
Upon review of the plan, the department may certify that the event is an agricultural event; provided, however, that in making that determination, the department shall consider: (i) operation as a farmers' market or agricultural fair approved or inspected by the department; (ii) the frequency and regularity of the event, including dates, times and locations; (iii) the number of vendors; (iv) the terms of vendor agreements; (v) the presence of an on-site manager; (vi) the training of the on-site manager; (vii) any operational guidelines or rules, which shall include vendor eligibility and produce source; (viii) the focus of the event on local agricultural products grown or produced within the market area; (ix) the types of shows or exhibits, including those described in subsection (f) of section 2 of chapter 128; and (x) the event’s sponsorship or operation by an agricultural or horticultural society organized under the laws of the commonwealth or by a local grange organization or association that has a primary purpose of promoting agriculture and its allied industries. The department of agricultural resources may promulgate rules and regulations necessary for the operation, oversight, approval and inspection of agricultural events under this section.
In addition to its application, an applicant for a special license under this section shall file with the local licensing authority proof of certification from the department of agricultural resources that the event is an agricultural event. A special license under this section shall designate the specific premises and the dates and times covered. A special license may be granted for an indoor or outdoor agricultural event that takes place on multiple dates or times during a single calendar year but a special license shall not be granted for an agricultural event if it will not take place within 1 calendar year.
The special license shall be conspicuously displayed at the licensed premises. A copy of a special license granted by the local licensing authority shall be submitted by the authority to the commission not less than 7 days before the date the agricultural event is first scheduled to begin. The local licensing authority may charge a fee for each special license granted but such fee shall not exceed $50. A special license granted under this section shall be nontransferable to any other person, corporation or organization and shall be clearly marked “nontransferable” on its face.
A special license under this section may be granted by a local licensing authority for a portion of premises that are licensed under section 12; provided, however, that: (i) the holder of the special license shall document the legal basis for use of the premises; (ii) the area in which the special license is to be approved shall be physically delineated from the area remaining under the control of the holder of the license granted under said section 12; (iii) the holder of the special license shall be solely liable for all activities that arise out of the special license; and (iv) the holder of the special license shall not pay any consideration, directly or indirectly, to the holder of the license granted under said section 12 for the access to or use of the premises.
The commission may promulgate rules and regulations as it deems appropriate to effectuate this section.
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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': []}, {'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J38', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J38'}, 'Votes': []}]
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An Act protecting pollinators by eliminating harmful products
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S479
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SD148
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:20:42.5'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:20:42.5'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T16:01:45.1266667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T15:20:32.97'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T18:00:04.6133333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-16T09:49:34.7666667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T10:31:10.5466667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-09-28T09:28:09.0933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S479/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 479) of James B. Eldridge, Michael J. Barrett, Lindsay N. Sabadosa, Vanna Howard and other members of the General Court for legislation to protect pollinators by eliminating harmful products. Environment and Natural Resources.
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SECTION 1. Section 1 of chapter 132B of the General Laws, as appearing in the 2018 Official Edition, is hereby further amended by inserting after the definition of “Nematode” the following definition:-
“Neonicotinoid,” a pesticide belonging to the neonicotinoid class of chemicals which act selectively on nicotine acetylcholine receptors of organisms and are absorbed into plant tissue and can be present in pollen and nectar, including but not limited to, imidacloprid, acetamiprid, clothianidin, dinotefuran, nithiazine, nitenpyram, thiacloprid, and thiamethoxam and any other pesticide identified as a neonicotinoid by the United States Environmental Protection Agency.
SECTION 2. Section 6 of said chapter 132B, as so appearing, is hereby amended by adding the following:-
No person shall distribute a neonicotinoid, or any substance containing a neonicotinoid, except a neonicotinoid-treated nursery plant.
SECTION 3. Section 6 of said chapter 132B, as so appearing, is hereby amended by striking the words “, except a neonicotinoid-treated nursery plant”.
SECTION 4. Said chapter 132B is hereby further amended by inserting after section 6K the following section:-
Section 6L. (a) Neonicotinoids shall not be sprayed, released, deposited or applied on any property within the commonwealth.
(b) No blooming or flowering plant, plant material or seed that has been treated with a neonicotinoid shall be sold within the commonwealth unless it is clearly and conspicuously labeled as having been treated with a neonicotinoid and includes a brief description of the risks to pollinators and other non-target organisms associated with the use of neonicotinoids.
SECTION 5. Section 6L of said chapter 132B, as so appearing, is hereby amended by striking the words “unless it is clearly and conspicuously labeled as having been treated with a neonicotinoid and includes a brief description of the risks to pollinators and other non-target organisms associated with the use of neonicotinoids”.
SECTION 6. Section 14 of said chapter 132B, as so appearing, is hereby amended by inserting after the word “inclusive”, in lines 9 and 10, the following words:- , section 6L.
SECTION 7. Sections 1, 2, 4, and 6 shall take effect on January 1, 2024.
SECTION 8. Sections 3 and 5 shall take effect on January 1, 2025.
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An Act relative to cannabis use by first responders
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S48
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SD2230
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T14:22:10.393'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T14:22:10.3933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S48/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 48) of Julian Cyr for legislation relative to cannabis use by first responders. Cannabis Policy.
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The cannabis control commission, in consultation with the executive office of public safety and security, shall study and report on the barriers related to first responders and their legal right to use cannabis in the commonwealth. The commission shall research: (i) drug testing requirements for police officers and first responders; (ii) internal policies of local police departments and first responder agencies related to cannabis use; (iii) the authority of police chiefs as established under section 97A of chapter 41; (iv) the requirements of state and federal license to carry laws; (v) implications of the federal Controlled Substances Act and any other relevant federal laws; (vi) the efficacy of using cannabis for treating anxiety, depression, stress, post-traumatic stress disorder and other traumas; and (vi) laws, policies and practices regarding cannabis use by police officers and first responders in other states and jurisdictions; and (v) any other topics the commission deems relevant.
The commission and the executive office may consult experts, hold regular public meetings, fact-finding hearings, and other public forums as it considers necessary.
The commission shall submit the report to the clerks of the senate and house of representatives, the joint committee on cannabis policy, the joint committee on mental health, substance use and recovery, the joint committee on public health, the joint committee on public safety and homeland security, and the joint committee on the judiciary not later than December 31, 2024.
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An Act protecting wastewater and sewerage systems through the labeling of non-flushable wipes
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S480
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SD1211
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T11:45:55.113'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T11:45:55.1133333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T11:26:35.37'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T15:19:56.1733333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-24T07:05:07.62'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-06T11:03:11.1666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S480/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 480) of James B. Eldridge, Vanna Howard and Lindsay N. Sabadosa for legislation to protect 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 do 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 climate change superfund and promoting polluter responsibility
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S481
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SD2366
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T16:16:11.077'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T16:16:11.0766667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-26T09:41:47.36'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T15:19:26.8466667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T17:59:14.94'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-02T15:08:00.89'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T17:40:29.2133333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T16:37:51.4066667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T14:25:59.8333333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-22T08:45:38.8266667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T10:30:03.72'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-10T08:53:17.8866667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T14:59:24.2533333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-04-21T11:31:51.71'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-05-18T11:02:41.5633333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-18T11:02:41.5633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S481/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 481) of James B. Eldridge, Steven Owens, Lindsay N. Sabadosa, Vanna Howard and other members of the General Court for legislation to establish 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 promoting drinking water quality for all
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S482
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SD2387
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T16:31:36.387'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T16:31:36.3866667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-26T09:41:40.83'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-30T10:57:20.1633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T15:19:19.1566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T17:59:06.4066667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T11:35:05.08'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-02T15:07:52.3133333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-07T16:37:44.1566667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-07T16:37:44.1566667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-23T11:15:00.0366667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-10T15:14:08.37'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-09-11T09:58:54.1333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S482/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 482) of James B. Eldridge, Joanne M. Comerford, John J. Cronin, Lindsay N. Sabadosa and other members of the General Court for legislation to promote drinking water quality for all. Environment and Natural Resources.
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SECTION 1. Chapter 21G of the General Laws is hereby amended by inserting after section 20 the following section:-
Section 21. Private Wells Drinking Water Quality
(a) As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:-
“Private well”, a well that provides water for human consumption and consists of a system that has less than 15 service connections and either: (1) serves less than 25 individuals or (2) serves an average of 25 or more individuals daily for less than 60 days of the year.
''Burden”, 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.
''Department'', the department of environmental protection.
“Commissioner”, the commissioner of the department of environmental protection.
(b) The commissioner shall issue regulations to be known as the minimum standards for private wells. The code shall address 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 private wells used for human consumption.
(c) A duly certified well driller registered in the commonwealth may construct or modify a private well. The department may opt to not conduct an inspection of a private well 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; and (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.
(d) With regard to the enforcement of this section, including requirements related to forms utilized by 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. Local boards of health shall enforce said code in the same manner in which local health rules and regulations are enforced.
(e) The department and local boards of health shall have concurrent authority to enforce said code against any violator. Actions to enforce said code may be brought in the superior court.
SECTION 2. Item 1231-1020 of section 72 of chapter 204 of the acts of 1996, as amended by section 54 of chapter 365 the acts of 1996, is hereby further amended by inserting after the word “called” the following words:- , and to assist homeowners with treatment systems to ensure that drinking water from private wells meets primary standards for recommended concentration limits of contaminants as specified by public drinking water standards issued by the department of environmental protection and the standards required under section 21 of chapter 21G; provided further, that the department of environmental protection shall determine the requirements for loan guarantees and interest subsidies for an eligible project; provided further, that the department of environmental protection may subcontract the administration of this program to public authorities and other public instrumentalities of the commonwealth; provided further, that the board of health of a city or town in which a proposed project shall be undertaken, or the department of environmental protection shall determine if a homeowner’s proposed project is an eligible private well remediation project as specified by public drinking water standards issued by the department; provided further, that for purposes of this program, an eligible project shall mean a project to construct a treatment system for a private well that a board of health of a city or town or the department of environmental protection determines is out of compliance with public drinking water standards issued by the department or a septic system that a board of health of a city or town determines is out of compliance with Title V.
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An Act relative to the Douglas State Forest Maintenance Trust Fund
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S483
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SD1578
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T12:47:03.49'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T12:47:03.49'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S483/DocumentHistoryActions
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 483) of 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 2020 Official Edition, is hereby amended by striking out the figure “$1” and inserting in place thereof the following figure:- “$5”
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An Act to promote economic opportunities for cottage food entrepreneurs
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S484
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SD1630
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T11:43:35.957'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T11:43:35.9566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-04-11T14:49:13.76'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S484/DocumentHistoryActions
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 484) of Ryan C. Fattman for legislation to promote economic opportunities for cottage food entrepreneurs. Environment and Natural Resources.
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SECTION 1. Section 146 of chapter 94 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 51, after the word “health.”, the following words:- Local boards of health shall not establish rules or regulations for cottage food operations.
SECTION 2. Section 1 of chapter 94 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of ‘cosmetic’ the following definitions:- ‘cottage food operation’, in sections 146 and 330, is a person who produces cottage food products only in the home kitchen of that person’s domestic residence for retail sale directly to the consumer either in person, including but not limited to farmers markets, public events, and roadside stands, by telephone, internet, or mail delivery. ‘Cottage food product’ in section 330, is a non-time/temperature control for safety food including but not limited to baked goods, jams or jellies, and other non-time/temperature control for food safety food produced at a cottage food operation.
SECTION 3. Said chapter 94 of the General Laws, is hereby further amended by inserting after section 329 the following section:- Section 330. (a) Other than requirements set forth in this section, a cottage food operation is exempt from permitting, licensing, inspection, packaging, and labelling requirements for food establishments set by State law, the Department of Public Health, and local boards of health.
(b) This section does not exempt a cottage food business from any applicable State or federal tax laws.
(c) Nothing in this chapter shall be construed to impede the Department of Public Health or local health boards in any investigation of a reported foodborne illness.
(d) Nothing in this chapter shall preclude the Department of Public Health or local health boards from providing assistance, consultation, or an inspection at the request of the producer of a cottage food product.
(e) Cottage food operations must provide the following information to the consumer:
(1) the cottage food operation’s name;
(2) the cottage food operation’s address or personal identification number;
(3) the common or usual name of the cottage food product;
(4) the ingredients of the cottage food product in descending order of predominance; and
(5) the following statement: “This product was produced at a private residence that is exempt from Massachusetts licensing and inspection requirements. This product may contain allergens.”
(f) The information required in subsection (e) must be provided:
(1) on a label affixed to the package if the cottage food product is packaged;
(2) on a label affixed to the container, if the cottage food product is offered for sale from a bulk container;
(3) on a placard displayed at the point of sale, if the cottage food product is neither packaged nor offered for sale from a bulk container; or
(4) on the webpage on which the cottage food product is offered for sale if the cottage food product is offered for sale on the internet.
(5) If the cottage food product is sold by telephone or custom order, the seller need not display the information required by section, but the seller must disclose to the consumer that the cottage food product is produced at residential kitchen that is exempt from state licensing and inspection requirements; and may contain allergens.
(g) The Department of Public Health shall establish and maintain a voluntary cottage food operation registry. The voluntary cottage food operation registry shall only allow the Department of Public Health to issue personal identification numbers for cottage food product labels as an alternative to the cottage food operation’s address. The Department of Public Health shall issue a personal identification number to cottage food operators who have submitted applications for the registry that are approved by the Department of Public Health and have paid the registration fee. The Department of Public Health may charge a fee, not to exceed $25, to each cottage food operation registrant.
(h) The Department of Public Health shall make available an application for the cottage food operation registry that provides for the following:
(1) the cottage food operator’s full name,
(2) the cottage food operation’s address,
(3) the cottage food operation’s primary telephone number, and
(4) the cottage food operation’s primary email address.
(i) The cottage food operation shall update the Department of Public Health when there is a change to any of the registration details including their name, residential kitchen address, telephone number, and email address.
(j) The Department of Public Health shall not require cottage food operators to register for a personal identification number.
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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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[]
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An Act to reform the toxic use reduction act
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S485
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SD1642
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T14:55:35.203'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T14:55:35.2033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S485/DocumentHistoryActions
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 485) of Ryan C. Fattman for legislation to reform the toxic use reduction act. Environment and Natural Resources.
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SECTION 1. 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 2. Section 11(D) of said chapter 21I, as so appearing, 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 the following words:- “by July 1, two years after the first plan, and then every six years”.
SECTION 3. Section 11(F) of said chapter 21I, as so appearing, 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 a which toxics use reduction plan is due.”
SECTION 4. Section 12(C) of said chapter 21I, as so appearing, 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 5. Said section 12(C) of said chapter 21I, as so appearing, is hereby amended by inserting at the end thereof 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 36 hours per certification period for individuals certified pursuant to subsection 12(B).”
SECTION 6. Section 19 of said chapter 21I, as so appearing, is hereby amended by inserting the following subsection:-
(I) The requirements to pay any fees under this section 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 determine 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 improving veteran access to state parks
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S486
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SD2345
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-18T12:59:19.783'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-18T12:59:19.7833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S486/DocumentHistoryActions
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 486) of Ryan C. Fattman for legislation to improve veteran access to state parks. Environment and Natural Resources.
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Subsection 2 of section 2D of chapter 132A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the last sentence and replacing it with the following:- “The commissioner shall waive any charges or fees for parking passes for veterans as defined in section 6A of chapter 115.”
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An Act relative to pesticides
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S487
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SD1144
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:57:22.14'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:57:22.14'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T14:26:40.5433333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-26T14:26:40.5433333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:09:11.6366667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-01T21:00:50.6966667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T14:48:42.4566667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-02T22:54:57.4233333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-06T11:04:06.95'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-16T14:03:24.96'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-16T14:03:24.96'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-16T14:03:24.96'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-20T17:13:16.19'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-22T12:47:35.21'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-24T09:38:21.3666667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-27T15:39:24.1833333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-01T14:24:08.0466667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-01T15:53:32.33'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-03-01T16:21:59.5266667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-03-02T11:26:49.5233333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-02T13:02:24.35'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-03-02T17:03:01.33'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-02T17:03:01.33'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-03T15:26:18.3733333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-03T15:26:18.3733333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-03T15:26:18.3733333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-13T15:47:50.3966667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-13T15:47:50.3966667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-04-12T10:27:33.6166667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-04-25T13:57:45.84'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-05-01T11:59:47.5166667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-06-12T16:32:04.5533333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-12T16:32:04.5533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S487/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 487) of Paul R. Feeney, Jack Patrick Lewis, Sean Garballey, Vanna Howard and other members of the General Court for legislation 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 following paragraph:-
Notwithstanding the forgoing, 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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[]
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[{'Action': 'Accompanied', '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 creating the outdoor recreation program
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S488
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SD2204
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-17T11:13:45.1'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-17T11:13:45.1'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-26T14:26:52.0666667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-02T22:54:48.3'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-03T16:21:19.0666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T16:29:41.8966667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-09T13:58:53.25'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T12:27:23.1666667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-16T14:04:39.6333333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-22T12:47:27.4266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S488/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 488) of Paul R. Feeney, Joanne M. Comerford, Thomas M. Stanley, Sal N. DiDomenico and other members of the General Court for legislation to create the outdoor recreation program. Environment and Natural Resources.
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Chapter 131 of the General Laws is hereby amended by inserting after section 2C the following section: -
Section 2D. (a) As used in this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Equity,” the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.
“Underserved communities,” populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the definition, “equity” in this chapter, and shall include environmental justice populations as defined by the Massachusetts Executive Office of Energy and Environmental Affairs.
''Recreation agency'', the commonwealth, or any subdivision thereof, or any municipality, regional planning agency, community development corporation, or nonprofit organization organized for the purposes of public recreation or the conservation, creation, preservation, and restoration of natural resources, which is authorized to do business in the commonwealth, and which has tax-exempt status as a nonprofit charitable organization as described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended.
“Recreational use”, active or passive recreational use including, but not limited to, activities that take place predominantly in a natural environment or a natural physical landscape, including activities that are dependent on trails, natural landscapes, waters, and snow; community gardens; and parks and nature-based playgrounds. Recreational use shall not include horse racing or indoor stadiums, gymnasiums, or similar structures.
“Sporting goods”, defined under the North American Industry Classification Code 451110, sporting goods stores, for the most recent year that such data is available.
“Sporting goods sales tax revenue amount,” all sales tax revenue received by the commonwealth from the sale of sporting goods, as defined by Section 2(D)(a).
(b) There is hereby established and set up on the books of the commonwealth a separate fund, to be known as the outdoor recreation trust fund. The fund shall be administered by the Massachusetts office of outdoor recreation to provide grants for recreational use programs, planning, and projects. There shall be credited to the fund the dedicated sporting goods sales tax revenue amount.
(c) All sporting goods sales tax revenue shall be automatically credited by the state treasurer to the outdoor recreation trust fund. The trust fund may accept public and private gifts, grants and donations to further the purposes of this chapter; and any other monies credited to or transferred from any other source pursuant to state law.
(d) All revenues credited under this chapter shall remain in the outdoor recreation trust fund, including unexpended balances remaining at the end of each fiscal year, for the sole purposes of operating the Massachusetts office of outdoor recreation. The state treasurer shall not deposit said revenues in or transfer said revenues to the General Fund or any other fund other than the outdoor recreation trust fund. The state treasurer shall secure the highest interest rate available for monies deposited in the outdoor recreation trust fund; and shall require that all amounts deposited shall be available for withdrawal without penalty. All interest accrued and earnings shall be deposited into the fund.
(e) Any expenses needed to administer the trust fund shall be considered operating expenses and shall not exceed five percent of the annual total revenue received into the outdoor recreation trust fund.
(f) The commissioner of the department of revenue shall annually report to the public by source all amounts credited to said trust fund and all expenditures from said trust fund.
(g) There is hereby established an outdoor recreation program administered by the office of outdoor recreation within the executive office of energy and environmental affairs that shall annually create and implement an outdoor recreation grant program funded by the outdoor recreation trust fund to be used for the benefit of the public and dedicated to enhancing and expanding outdoor recreational use and growing the outdoor recreation economy. Monies from the outdoor recreation trust fund shall be made available in each fiscal year for the outdoor recreation program, planning and project grants.
(h) Grants shall cover costs associated with grant administration; planning, creating, and improving, outdoor recreational amenities; and for the acquisition, conservation, creation, preservation, improvement, and restoration of natural resources for recreational use; and to enhance public access to recreational opportunities. Grants shall only be made to a recreation agency, as defined by Section 2(D)(a).
(i) In expending amounts credited to the fund, priority consideration shall be given to benefit underserved communities for the benefit of underserved communities as defined by Section 2D of this chapter.
(j) Projects that receive funding under this chapter shall allow for public access and use, unless otherwise prohibited by applicable law.
(k) The trust fund shall not award grants for horse racing or the use of natural resources for a stadium, gymnasium, or similar indoor structure. Funds shall not be used for maintenance of recreational facilities. The use of grants to install artificial turf shall be prohibited from this grant program.
(l) The secretary of energy and environmental affairs shall promulgate rules and regulations to implement this chapter and assign personnel to manage outdoor recreation program grants within the Massachusetts office of outdoor recreation.
(m) This act shall become effective 120 days after passage.
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An Act relative to further testing after a CSO event
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S489
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SD1312
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T19:16:53.59'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T19:16:53.59'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S489/DocumentHistoryActions
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 489) of Barry R. Finegold for legislation relative to further testing after a CSO event. 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 to facilitate labor peace among the cannabis workforce
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S49
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SD16
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-05T16:28:30.773'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-05T16:28:30.7733333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-18T14:16:36.04'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-18T16:24:37.3966667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T19:24:19.3'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:12:53.35'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T12:30:36.5433333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T19:08:24.61'}]
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 49) of Lydia Edwards, Steven Owens, Daniel M. Donahue, James K. Hawkins and other members of the General Court for legislation to facilitate labor peace among the cannabis workforce. Cannabis Policy.
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SECTION 1. Section 1 of chapter 94G of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting the following 2 definitions:-
"Labor peace agreement", an agreement between a cannabis establishment and a bona fide labor organization that protects the parties' interests by, at minimum, allowing union agents to inform and communicate with cannabis employees about their labor rights including, but not limited to, the right to form a union without interference from the employer in exchange for prohibiting the labor organization from engaging in picketing, work stoppages or boycotts against the cannabis establishment.
“Labor Organization” means a bona fide labor organization of any kind, including an employee representation committee, group, or association, in which employees participate and which exists and is constituted for the purpose, in whole or in part, of collective bargaining or otherwise dealing with compassion center or safety compliance facility employers concerning grievances, labor disputes, terms or conditions of employment, including wages and rates of pay, or other mutual aid or protection in connection with employment, and may be characterized by the following:
(1) Being a party to 1 or more executed collective bargaining agreements with medical or personal use marijuana employers, in this State or another state.
(2) Having a written constitution or bylaws in the 3 immediately preceding years.
(3) Filing the annual financial report required of labor organizations under subsection (b) of 29 U.S.C. § 431 or having at least 1 audited financial report in the 3 immediately preceding years.
(4) Being affiliated with any regional or national association of unions, including state and federal labor councils.
(5) Being a member of a national labor organization that has at least 500 general members in a majority of the 50 states of the United States.
SECTION 2. Subsection (b) of section 5 of said chapter 94G, as so appearing, is hereby amended by inserting the following paragraph:-
(5) the prospective marijuana establishment has submitted an attestation that the applicant shall not interfere with union agents informing and communicating with cannabis employees about their labor rights including, but not limited to, the right to form a union without interference from the employer; provided however, that this requirement may be satisfied by the submission of an attestation, signed by both the applicant and a labor organization, stating that the applicant has entered into, and will maintain and abide by the terms of, a labor peace agreement. A violation of a labor peace agreement or a failure to submit an attestation may result in suspension, revocation, or denial of such license.
SECTION 3. Subsection (b) of section 6 of said chapter 94G, as so appearing, is hereby amended by adding the following paragraph:-
As part of a marijuana establishment’s renewal application, a marijuana establishment shall submit an attestation stating that the marijuana establishment has not interfered, and will not interfere, with its employees’ ability to form and maintain a union, including the ability for union agents to inform and communicate with employees about their labor rights including, but not limited to, the right to form a union without interference from the employer; provided however, that this requirement may be satisfied by the submission of an attestation signed by the license holder and a labor organization stating that the license holder has entered into, maintained, and abided by the terms of a labor peace agreement. A violation of a labor peace agreement or a failure to submit an attestation may result in the denial of the renewal of a license.
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An Act relative to agricultural disaster relief
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S490
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SD23
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T10:37:37.133'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T10:37:37.1333333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-04-12T09:36:43'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-09-26T13:08:07.5333333'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 490) of Anne M. Gobi for legislation relative to agricultural disaster relief. Environment and Natural Resources.
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SECTION 4. Chapter 29 of the General Laws is hereby amended by inserting after section 2QQQQ the following section:-
Section 2RRRR. There shall be a fund to be known as the Massachusetts Agricultural Disaster Relief Fund. The money in this fund shall be expended to assist farmers in the commonwealth who have suffered agricultural losses, financial losses, or property damage caused by an event of force majeure.
The Massachusetts Agriculture Relief Fund may receive money from: (i) gifts, grants and donations from public or private sources; (ii) federal reimbursements and grants-in-aid (iii) any appropriations authorized by the general court specifically designated to be credited to the fund; and (iv) any interest earned from the fund. The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all money transmitted under this section to ensure the highest interest rate available consistent with the safety of the fund. The books and records of the fund shall be subject to an annual audit by the state auditor. The department of agricultural resources may expend money in the fund and no expenditure from the fund shall cause it to be in deficiency at the close of a fiscal year. The commissioner of agricultural resources shall report annually to the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture on income received into the fund and sources of that income, any expenditure from the fund and the purpose of that expenditure and the fund’s balance. Money in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.
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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 creating an animal advisory board to the Massachusetts Department of Agriculture
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S491
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SD27
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T11:00:24.907'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T11:00:24.9066667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-07T11:48:27.6833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S491/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 491) of Anne M. Gobi and Kimberly N. Ferguson for legislation relative to creating an animal advisory board to the Massachusetts Department of Agriculture. Environment and Natural Resources.
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There shall be established an Animal Advisory Board constituted for the general purpose of advising the Massachusetts Department of Agriculture (MDAR).
The members of the advisory board shall include the shelter and rescue coordinator at MDAR or their designee, who shall serve as chair. The Governor shall appoint 8 additional persons, 1 of whom shall be a member of a small foster-based rescue; 1 of whom shall be a member of a larger animal welfare organization; 1 of whom shall be a member of a national animal welfare organization that provides interstate transport; 1of whom shall be a veterinarian who is certified by the Association of Shelter Veterinarians; 1 if whom shall be a veterinarian experienced with companion animal work; 1 of whom shall be a veterinarian with livestock and/or farm experience; 1 of whom shall be a lawyer with animal welfare experience, and 1 of whom shall be an Animal Control Officer operating in the Commonwealth with at least five years of experience.
The advisory board shall meet quarterly and at the call of the commissioner or upon the written request of any two members. The board is charged with advising the commissioner on issues relating, but not limited to, shelters, animal control officers, animal inspectors, training and best practices. The Animal advisory board, in conjunction with the department, shall make an annual report to the joint committee on the environment, natural resources and agriculture as to their activities under this section.
All members of the advisory board will serve without compensation.
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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': []}, {'Action': 'Redraft', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J38', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J38'}, 'Votes': []}]
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An Act conserving our natural resources
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S492
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SD29
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T11:19:24.657'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T11:19:24.6566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T10:11:35.2866667'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 492) of Anne M. Gobi and Vanna Howard for legislation to regulate the use of trapping devices to take beaver and muskrat. Environment and Natural Resources.
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SECTION 1. Chapter 131 of the Massachusetts General Laws is hereby amended by striking the first and second paragraphs of Section 80A in their entirety and inserting in place thereof the following:
Section 80A. Notwithstanding any other provision of this chapter, a person shall not use, set, place or maintain any trap for the purpose of capturing furbearing mammals, except for common type mouse and rat traps, nets, and box or cage type traps, as otherwise permitted by law. A box or cage type trap is one that confines the whole animal without grasping any part of the animal, including Hancock or Bailey’s type live trap for beavers. Other than nets and common type mouse or rat traps, traps designed to capture and hold a furbearing mammal by gripping the mammal’s body, or body part are prohibited, including steel jaw leghold traps, padded leghold traps, and lethal snares.
The above provision remains in effect in its entirety, with the exception for use; “Conibear®” style traps, non-lethal cable restraints, “dog proof” foot encapsulation restraints or other devices designed not to the harm the animal by state departments of health, departments of fish and game or municipal boards of health, or their agents for the purpose of protection from or alleviation of threats to human health and safety, the conduct of scientific research, the protection of state or federally listed endangered or threatened species; or, between the months of November and April inclusive, for the management of wildlife classified as furbearers by the Division of Fisheries and Wildlife, at times and according to regulations and restrictions set forth by the Division by qualified, licensed individuals. A threat to human health and safety may include, but shall not be limited to:
(a) beaver or muskrat occupancy of a public water supply;
(b) beaver or muskrat-caused flooding of drinking water wells, well fields or water pumping stations;
(c) beaver or muskrat-caused flooding of sewage beds, septic systems or sewage pumping stations;
(d) beaver or muskrat-caused flooding of a public or private way, driveway, railway or airport runway or taxi-way;
(e) beaver or muskrat-caused flooding of electrical or gas generation plants or transmission or distribution structures or facilities, telephone or other communications facilities or other public utilities;
(f) beaver or muskrat-caused flooding affecting the public use of hospitals, emergency clinics, nursing homes, homes for the elderly or fire stations;
(g) beaver or muskrat-caused flooding affecting hazardous waste sites or facilities, incineration or resource recovery plants or other structures or facilities whereby flooding may result in the release or escape of hazardous or noxious materials or substances;
(h) the gnawing, chewing, entering, or damage to electrical or gas generation, transmission or distribution equipment, cables, alarm systems or facilities by any beaver or muskrat;
(i) beaver or muskrat-caused flooding or structural instability on property owned by the applicant if such animal problem poses an imminent threat of substantial property damage or income loss, which shall be limited to: (1) flooding of residential, commercial, industrial or commercial buildings or facilities; (2) flooding of or access to commercial agricultural lands which prevents normal agricultural practices from being conducted on such lands; (3) reduction in the production of an agricultural crop caused by flooding or compromised structural stability of commercial agricultural lands; (4) flooding of residential lands in which the municipal board of health, its chair or agent or the state or federal department of health has determined a threat to human health and safety exists. The department of environmental protection shall make any determination of a threat to a public water supply.
SECTION 2. Said section 80A of said chapter 131 is hereby amended by striking the third paragraph in its entirety and inserting in place thereof the following:
An applicant or his duly authorized agent may apply to the municipal board of health for an emergency permit to immediately alleviate a threat to human health and safety, as defined in the previous paragraph. If the municipal board of health determines that such a threat exists, it shall immediately issue said emergency permit to alleviate the existing threat to human health and safety, for a period not exceeding ten days. If a denial is given to said application, it shall be remitted, in writing to the applicant within ten (10) days of the date of application. Further, said denial will accompany instructions which shall explain the applicants rights and privileges for appeal of said denial to the state Division of Fisheries and Wildlife. If the state Division of Fisheries and Wildlife or director determines that such a threat exists, it shall immediately issue said emergency permit to alleviate the existing threat to human health and safety, for a period not exceeding ten days.
SECTION 2. Section 80A of Chapter 131 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding at the end thereof, the following new paragraph: -
Any person issued a permit as provided by this section shall, within thirty days of the expiration of such permit or extension of same shall report to the director of the division of fisheries and wildlife, on a form approved by said director, the municipality of which the request was made, the name of the property owner, address of the property threatened, the name of authorized agent, method used to alleviate the problem, and the number, by species, of animals taken pursuant to the permit, and other information deemed necessary by the director.
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An Act relative to the George L. Darey Inland Fisheries and Game Fund
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S493
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SD32
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T11:33:44.103'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T11:33:44.1033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S493/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 493) of Anne M. Gobi for legislation relative to the George L. Darey Inland Fisheries and Game Fund. Environment and Natural Resources.
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SECTION 1. Section 10G of chapter 21A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 90, the words “Inland Fish” and inserting in place thereof the following words:- Georgy L. Darey Inland Fisheries.
SECTION 2. Section 17 of chapter 58 of the General Laws, as so appearing, is hereby amended by inserting after the word “the”, in line 9, the following words:- George L. Darey.
SECTION 3. Section 13 of chapter 64A of the General Laws, as so appearing, is hereby amended by inserting after the word “the”, in line 12, the following words:- George L. Darey.
SECTION 4. Section 2A of chapter 131 of the General Laws, as so appearing, is hereby amended by inserting after the word “the”, in line 1, the following words:- George L. Darey.
SECTION 5. Section 2B of said chapter 131, as so appearing, is hereby amended by inserting after the word “the”, in line 5, the following words:- George L. Darey.
SECTION 6. Section 3 of said chapter 131, as so appearing, is hereby amended by inserting after the word “the”, in line 7, the following words:- George L. Darey.
SECTION 7. Section 4 of said chapter 131, as so appearing, is hereby amended by inserting after the word “the”, in line 190, the following words:- George L. Darey.
SECTION 8. Section 11 of said chapter 131, as so appearing, is hereby amended by inserting after the word “the”, in line 81, the following words:- George L. Darey.
SECTION 9. Section 22A of said chapter 131, as so appearing, is hereby amended by inserting after the word “the”, in line 14, the following words:- George L. Darey.
SECTION 10. Section 14 of chapter 101 of the Acts of 2003 is hereby repealed.
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An Act relative to the use of crossbows in hunting
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S494
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SD33
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T11:40:58.767'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T11:40:58.7666667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-27T14:21:13.4166667'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 494) of Anne M. Gobi and Ryan C. Fattman for legislation relative to the use of crossbows in hunting. Environment and Natural Resources.
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SECTION 1. Section 64 of chapter 131, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 2 and 3, the words “, or any crossbow, except as provided in section 69, nor” and inserting in place thereof the following the word:- nor.
SECTION 2. Said chapter 131 is hereby further amended by striking out section 69, as so appearing, and inserting in place thereof the following section:-
Section 69. A person shall not carry or use a bow and arrow or crossbow while hunting unless the bow and arrow or crossbow meet the requirements of the rules and regulations which shall be promulgated by the director. Such rules and regulations shall prescribe general design, weight of pull and type of bows and arrows or crossbows and shall conform to standards generally accepted for hunting purposes.
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An Act relative to crumbling concrete foundations
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S495
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SD34
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T11:59:05.83'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T11:59:05.83'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-12T15:11:49.96'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-30T15:44:47.8266667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-02T15:32:12.64'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-07T11:47:15.0966667'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-02-07T11:47:15.0966667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-07T11:47:15.0966667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-07T11:47:15.0966667'}, {'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-02-09T13:26:19.3533333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-14T09:22:19.5233333'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-02-14T09:22:19.5233333'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-02-14T09:22:19.5233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T09:22:19.5233333'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-02-15T15:21:47.73'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-23T15:31:10.4666667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-23T15:31:10.4666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-23T15:31:10.4666667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-23T15:31:10.4666667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-27T14:20:39.0833333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-28T17:20:00.6833333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-28T17:20:00.6833333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-02T16:02:02.77'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-06T16:29:44.7033333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-07T14:43:30.7733333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-03-15T09:29:55.01'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-16T12:10:18.5'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-17T09:34:41.9966667'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-03-23T10:49:17.2433333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-29T10:27:07.64'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-29T15:57:46.65'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-04-11T11:41:39.7766667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-04-12T09:37:14.9433333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-09-26T13:06:35.8366667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-09-26T13:06:35.8366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S495/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 495) of Anne M. Gobi, Ryan C. Fattman, Brian M. Ashe, Angelo J. Puppolo, Jr. and other members of the General Court for legislation relative to crumbling concrete foundations. Environment and Natural Resources.
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SECTION 1. Section 3B of chapter 7 of the General Laws is hereby amended by inserting after the words “twenty-one A” the following words:- , section eighty-eight of chapter 6C.
SECTION 2. Section 97 of chapter 13 of the General Laws is hereby amended by inserting at the end thereof the following words:-
Said board shall require all licensed home inspectors who perform an inspection on a residential home for the purpose of a sale or lease of the home to provide the potential buyer or lessee information regarding the possible presence of pyrite or pyrrhotite in the concrete foundation, prepared by the crumbling concrete relief agency established by section 2 of chapter 23B.
SECTION 3. Chapter 6C of the General Laws is hereby amended by adding the following section:-
Section 78. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Aggregate”, granular materials such as gravel, sand and crushed rock that are combined for a particular purpose.
“Certified geologist”, a professional geologist certified by the American Institute of Professional Geologists.
“Concrete aggregate”, natural sand, natural gravel or crushed aggregate products produced from ledge rock.
(b) Any person seeking to mine, expand, excavate or otherwise operate a quarry, sand and gravel operation, or any other aggregate source for the purpose of producing concrete aggregate for sale or use in foundations, structural elements or infrastructure, such as roadways and bridges, shall submit to the department and the state geologist an application for a license to conduct such activity.
Each license application shall consist of: (i) a description of the geographic location of the aggregate source; (ii) an operations plan, including, but not limited to, mining, processing, storage and quality control methods; (iii) a geological source report, consistent with subsection (c); and (iv) the results of aggregate testing for the presence of pyrite or pyrrhotite, consistent with subsection (d). Each license application shall be accompanied by a fee in an amount to be determined by the department. Fees received by the department under this section shall be used to implement this section; provided, however, that any surplus fee receipts shall be deposited into the Crumbling Concrete Assistance Fund.
(c) The geological source report required in subsection (b) shall be prepared by a certified geologist in a form and manner prescribed by the department, in consultation with the state geologist, a representative nominated by the Massachusetts Aggregate and Asphalt Pavement Association, and a representative nominated by the Massachusetts Concrete and Aggregate Producers Association, Inc., and shall include, but not be limited to: (i) a description of the characteristics of the aggregate to be excavated at the subject location; (ii) a description of the products to be produced at such location; (iii) a copy of the results of an inspection of face material and geologic log analysis conducted not more than 60 days prior to the date of the report; and (iv) petrographic analyses of grab or core samples representative of the material being actively mined. A geological source report prepared under this subsection shall be valid for a period of 1 year from the date of preparation.
(d) Aggregate testing to identify the presence of pyrite or pyrrhotite required in subsection (b) shall include, but not be limited to, a total sulfur test to measure total sulfur content in a representative sample. Aggregate testing shall be performed by an accredited laboratory in accordance with applicable standards established by American Society of Testing and Materials International standards or alternate standards to be determined by the department in consultation with the state geologist.
(e) The Secretary of Transportation or a designee, in consultation with the state geologist, shall review each license application submitted pursuant to this section and notify each applicant whether the license has been approved and any applicable conditions of operation. If the application is denied, the notification shall include the reason for denial. A license granted under this section shall be valid for 1 year from the date of approval. A license shall be approved if the total sulfur content is less than 0.1 per cent by mass. A license shall not be approved if the total sulfur content is not less than 1 per cent by mass. If the total sulfur content is equal to or greater than 0.1 per cent by mass but less than 1 per cent by mass, the license applicant shall be required to perform x-ray diffraction, magnetic susceptibility, or petrographic analyses to determine the presence and relative abundance of pyrrhotite in the sample. A license shall be approved if the results of said additional tests indicate that no pyrrhotite is present in the sample. A license shall not be approved if the results of said tests indicate that pyrrhotite is present in the sample. Aggregate test results demonstrating a total sulfur content of less than 0.1 percent by mass for five consecutive years shall be valid for a period of five years from the date of the most recent testing, provided, however, that annual geological source reports are submitted to the department. The state geologist may require additional testing or information to justify an approval recommendation.
(f) A person owning or operating an aggregate source subject to licensure pursuant to this section shall maintain all records relevant to such licensure and operation, including, but not limited to, a record of sale for all aggregate, for not less than 10 years.
(g) A person owning or operating a concrete production facility for the purpose of sale or use in foundations, structural elements, or infrastructure, such as roadways and bridges, in receipt of aggregate material from a source licensed pursuant to this section shall maintain a record of the aggregate sources used in individual concrete batches for not less than 10 years.
(h) The department, in consultation with the state geologist, shall catalogue and maintain the data collected under this section.
(i) Nothing in this section shall prohibit a municipality from requiring permits for quarry operation or excavation or from establishing pyrite and pyrrhotite presence restrictions that are more stringent than those set forth in this section.
(j) Nothing in this section shall affect the operations of quarries producing aggregate for purposes other than those described in subsection (b).
(k) The department, in consultation with the state geologist, shall promulgate regulations to implement this section.
SECTION 4. Section 78 of chapter 6C of the General Laws shall be effective on December 31, 2023; provided, however, that entities licensed to operate a quarry or sand and gravel operation in the commonwealth before the effective date of this act that are affected by said section 88 of said chapter 6C shall meet the requirements of said section 78 of said chapter 6C not later than December 31, 2023; provided further, that any work conducted by such an entity prior to December 31, 2023 shall comply with existing regulations.
SECTION 5. Section 2 of chapter 23B of the General Laws is hereby amended by inserting at the end thereof the following new paragraph:-
(c) There shall also be within the department a crumbling concrete relief agency to provide assistance to owners of residential real property with concrete foundations that have deteriorated due to the presence of pyrite or pyrrhotite. The agency shall be overseen by an executive director who reports to the undersecretary. The executive director shall have the authority to hire staff sufficient to meet the requirements and obligations of the agency. The agency shall, without limitation: (a) provide information to the public regarding structurally sound concrete and the dangers of pyrite and pyrrhotite; (b) publish a list of quarries licensed pursuant to section 88 of chapter 6C and a searchable electronic database of all quarries applying for such licensure, including aggregate and other testing results; and (c) administer the crumbling concrete assistance fund established in section 2RRRRR of chapter 29, including establishing eligibility requirements and implementing a process for impacted homeowners to secure foundation repair and replacement funding from the fund. A decision on a request from an impacted homeowner for such financial assistance shall be provided in writing to the homeowner and shall include the information relied upon and the basis for such decision, including the relevant eligibility and underwriting criteria. An impacted homeowner may request a review of any decision by the agency relating to such homeowner not later than 30 days after the decision. A final determination on such a request for review shall be provided in writing to the homeowner not later than 30 days after receipt of the homeowner’s request, unless an extension is agreed to by the homeowner.
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 a Crumbling Concrete Assistance Fund. The fund shall be expended to provide financial assistance to owners of residential real property for the repair or replacement of concrete foundations of such property that have deteriorated due to the presence of pyrite or pyrrhotite and to minimize any negative economic impacts on municipalities in which such property are located. The crumbling concrete relief agency established by section 2 of chapter 23B shall administer the fund and shall make expenditures from the fund, without further appropriation. The agency shall seek to maximize available federal reimbursements for money spent from the fund.
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 under paragraph (b) of this section; (v) monies paid to the commonwealth under paragraph (c) of this section; (vi) monies paid to the commonwealth under paragraph (d) of this section; and (vi) monies paid to the commonwealth under paragraph (f) of section 16 of chapter 21B. 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 crumbling concrete relief agency established by section 2 of chapter 23B may apply for, receive and deposit any federal funds, including but not limited to funds made available by the United States Department of Housing and Urban Development Section 108 Loan Guarantee program, into the fund established by this section.
(c) Amounts issued from the fund to impacted homeowners for the repair or replacement of concrete foundations that have deteriorated due to the presence of pyrrhotite shall be exempt from taxation under chapter 62.
(d) Annually not later than June 1, the crumbling concrete relief agency 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.
(e) The crumbling concrete relief agency shall promulgate regulations or issue other guidance for the expenditure of the funds under this section.
SECTION 7. Chapter 59 of the General Laws is hereby amended by inserting after section 59A the following section:-
Section 59B. (a) Notwithstanding any general or special law to the contrary, an owner of real property in the commonwealth may apply for a residential property tax abatement due to the presence of pyrite or pyrrhotite minerals in the foundation. The presence of pyrite or pyrrhotite shall be established by: (i) not less than 2 core samples from the foundation proving the presence of pyrite or pyrrhotite; or (ii) a certified visual inspection conducted by a professional civil engineer. The owner shall also provide a certified estimate of the cost to repair or replace the foundation. Upon receipt of such documentation, a municipal board of assessors or equivalent entity shall determine a value per square foot of the foundation and percentage of functional obsolescence. If an abatement is sought on multiple properties within a municipality the board of assessors may determine a general value per square foot of foundation and percentage of functional obsolescence to be used for all properties within said municipality. The board of assessors shall use the value and percentage to calculate the reduction in assessment for each affected property. Such reductions shall be effective until the foundation is repaired or replaced.
SECTION 8. Chapter 143 of the General Laws is hereby amended by adding the following section:-
Section 110. Notwithstanding any general or special law to the contrary, fees for building permits for work associated with crumbling concrete foundations replacement shall be waived. In order to qualify for the waiver of fees, the applicant shall provide written documentation showing that pyrite or pyrrhotite minerals are present in the foundation to be replaced. Nothing in this section shall waive any of the permit application requirements, including, but not limited to, holding public hearings, associated with a permit application. A determination to waive fees is not a guarantee of the issuance of a permit.
SECTION 9. Within 2 months of passage of this act, active quarries subject to licensure under the provisions of section 3 of this act shall either submit a complete license application or obtain interim approval from the state geologist to continue operations for a period of not more than six months. Interim operations approvals shall not be renewed.
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An Act relative to the definition of farming
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S496
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SD35
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T12:01:08.133'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T12:01:08.1333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S496/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 496) of Anne M. Gobi for legislation to define farming. Environment and Natural Resources.
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Section 1A of Chapter 128 of the Massachusetts General Laws is hereby amending by inserting, at the end of said section, the following:-
This section shall not apply to the raising of dogs for breeding, the raising or keeping of dogs for other commercial use, or to the commercial grooming of dogs.
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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': []}, {'Action': 'Redraft', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J38', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J38'}, 'Votes': []}]
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An Act relative to heartworm in dogs
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S497
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SD62
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:16:57.027'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:16:57.0266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S497/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 497) of Anne M. Gobi for legislation relative to heartworm in dogs. Environment and Natural Resources.
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SECTION 1: The Massachusetts Department of Agricultural Resources (the Department) shall adopt best practices as put forth by the American Heartworm Association, specifically relative to the transport and acceptance into the Commonwealth of Massachusetts with any stage of dirofilariasis, also known as heartworm or dog heartworm.
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An Act relative to hunting near a dwelling
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S498
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SD65
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:27:55.57'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:27:55.57'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S498/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 498) of Anne M. Gobi for legislation relative to hunting near a dwelling. Environment and Natural Resources.
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Section 58 of chapter 131 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, in line 6, after the word "thereof" the following words:-
", provided that a person may hunt with a bow and arrow from an elevated tree stand not less than 250 feet from any dwelling in use except as authorized by the owner or occupant thereof".
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An Act to reimburse the George L. Darey Inland Fisheries and Game Fund
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S499
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SD67
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:33:05.193'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:33:05.1933333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-30T15:43:51.31'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T15:43:51.31'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T15:32:28.7'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T15:57:14.17'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-14T09:22:33.1733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T09:22:33.1733333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T09:22:33.1733333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-23T15:32:20.0733333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-02T16:02:24.32'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S499/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 499) of Anne M. Gobi, Steven S. Howitt, Hannah Kane, Michael O. Moore and other members of the General Court for legislation to reimburse the Inland Fisheries and Game Fund. Environment and Natural Resources.
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Section 11 of chapter 131 of the general laws is hereby amended by adding the following sentence to the end of the section:-
The George L. Darey inland fisheries and game fund shall be reimbursed annually from the general fund for all loss of revenue for any fishing or hunting license provided at a discount and for any license provided free of charge.
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An Act further defining eligibility for medical use marijuana
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S50
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SD2176
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-17T18:10:34.023'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-17T18:10:34.0233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T10:53:34.7933333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-07T15:29:26.57'}]
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 50) of Ryan C. Fattman, Lindsay N. Sabadosa and Patrick M. O'Connor for legislation to further defining eligibility for medical use marijuana. Cannabis Policy.
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SECTION 1. Section 1 of chapter 94I of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out lines 20 through 25 and inserting in place thereof the following:-
“Debilitating medical condition”, cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, Parkinson's disease, multiple sclerosis, post-traumatic stress disorder, opioid use disorder, and other conditions as determined in writing by a registered qualifying patient's registered healthcare professional.
SECTION 2. Said section 1 of said chapter 94I of the General Laws, as so appearing, is hereby further amended by striking out lines 84 through 86 and inserting in place thereof the following:-
“Qualifying patient”, (1) a person who has been diagnosed by a registered healthcare professional as having a debilitating medical condition, or (2) a veteran receiving their health care at a federal Veterans Administration facility provides their Veterans Administration "Blue Button Report Problem List” indicating an existing debilitating medical condition to the commission.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J50', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J50'}, 'Votes': []}]
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An Act relative to outdoor heritage
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S500
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SD76
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:19:28.697'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:19:28.6966667'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-03-22T12:46:02.79'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 500) of Anne M. Gobi for legislation relative to outdoor heritage. Environment and Natural Resources.
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SECTION 1. Section 26 of chapter 90B of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) No person shall carry a firearm, rifle or shotgun on public land during the open season for deer, bear or turkey in or on a snow vehicle or recreation vehicle or on a trailer or sled attached thereto unless such firearm, rifle or shotgun is unloaded. This section shall not apply to a law enforcement officer or other person with enforcement powers authorized in section 32, or to a paraplegic as provided in section 65 of chapter 131, or to any person licensed under section 131 or 131F of chapter 140 carrying a loaded firearm.”
SECTION 2. Section 5 of chapter 131 of the General Laws as appearing in the 2022 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:-
The hunting of deer by bow and arrow shall be permitted on any date, including a Sunday or legal holiday, that the director declares as an open season for such hunting. Except as otherwise provided in the preceding paragraph, an open season declared by the director for the hunting of deer by bow and arrow, which open season period occurs in whole or in part, within the last 3 months of the calendar year, shall be for a period of not less than 7 days that shall be consecutive.
SECTION 3. Section 57 of said chapter 131, as so appearing, is hereby amended by inserting at the end of the paragraph the following sentence:- Notwithstanding, this section shall not prohibit or render unlawful, the hunting of deer by bow and arrow or the carrying on his person a bow and arrow for the purpose of hunting deer, during any Sunday declared as an open season for such hunting, by the director with the approval of the fisheries and wildlife board.
SECTION 4. Said Chapter 131 of the General Laws, as so appearing, is hereby amended by striking out section 5C and inserting in place thereof the following section:-
Section 5C. The citizens of the commonwealth shall have the right to harvest fish and wildlife free from harassment subject to rules and regulations established to maintain sustainable and healthy populations of such natural resources.
(a) No person shall obstruct, interfere with or otherwise prevent the lawful harvest of fish and wildlife by another at any such place in the commonwealth where it is lawful to do so. It shall be a violation of this section for a person to intentionally:
(1) drive or disturb fish or wildlife for the purpose of interrupting a lawful taking; or
(2) block, follow, impede or otherwise harass another who is engaged in the lawful taking of fish or wildlife; or
(3) use natural or artificial visual, aural, olfactory or physical stimulus to effect wildlife in order to hinder or prevent such taking; or
(4) erect barriers with the intent to deny ingress or egress to areas where the lawful taking of wildlife may occur; or
(5) interject himself into the line of fire; or
(6) effect the condition or placement of personal or public property intended for use in the taking of wildlife; or
(7) enter or remain upon public lands, or upon private lands without the permission of the owner or his agent, with intent to violate this section; or
(8) verbally or physically harass, threaten or other means of intimidation of an individual/s lawfully engaged in the harvest fish and wildlife;
(9) utilize mechanical aerial devices to drive wildlife, harass, film, photograph or otherwise intimidate.
A violation of this paragraph shall be punished by imprisonment in a jail or house of correction for not more than 1 year or by a fine of not more than $1,000 or both.
(b) Any person having caused destruction or otherwise vandalizes equipment utilized, directly or indirectly, for the lawful harvest of fish and wildlife including, but not limited to, vehicles, blinds, stands, trail cams, fishing gear, boats, etc. shall be punished by imprisonment in a jail or house of correction for not more than 2 years or by a fine of not more than $5,000 or both.
(c) Any person having caused bodily injuries of another that were sustained from any type of harassment or vandalism covered under this section shall be punished by imprisonment in a jail or house of correction for not more than 5 years or by a fine of not more than $10,000 or both.
The superior court shall have jurisdiction to issue an injunction to enjoin any such conduct or conspiracy in violation of the provisions of this section. A person who sustains damage as a result of any act which is in violation of this section may bring a civil action for punitive damages in addition to the penalties established herein. Environmental protection officers and other law enforcement officers with arrest powers shall be authorized to enforce the provisions of this section.
(d) Unless authorized by the property owner it shall be unlawful to post land closed, or restricted, to the lawful harvest of fish and wildlife. Any person convicted of illegally posting land shall be punished by imprisonment in a jail or house of correction for not more than 1 year or a fine of not more $1,000 or both.
Any fines collected under this section shall be deposited into the Inland Fisheries and Game Fund established under section 2C of chapter 131, and may be utilized for the purposes of the Hunter Education Program.
SECTION 5. Section 64 of said chapter 131 is hereby amended by striking, in the title, the word "bows."
SECTION 6. Said section 64 of said chapter 131, as so appearing, is hereby further amended by striking out, in lines 2 and 3, the words "or any crossbow."
SECTION 7. Section 66 of said Chapter 131, as so appearing, is hereby amended by striking the title and replacing it with the following:- “Hunting Ammunition”
SECTION 8. Said chapter 131 is hereby amended by striking said section 66, as so appearing, and inserting in its place thereof the following section:-
Section 66. The director, under the control of the board, may promulgate regulations for the use and possession of ammunition types for the purposes of hunting.
SECTION 9. Said chapter 131 is hereby amended by striking section out section 69, as so appearing, and inserting in place thereof the following section:-
Section 69. A person shall not carry or use a bow and arrow or crossbow while hunting unless said bow and arrow or crossbow meet such requirements as may be set by rules and regulations which the director is hereby authorized to promulgate. Such rules and regulations shall prescribe general design, weight of pull, and type of bows and arrows or crossbows, and shall conform to standards generally accepted for hunting purposes.
SECTION 10. Said chapter 131 is hereby amended by striking section out section 70, as so appearing, and inserting in place thereof the following section:-
Section 70. A person shall not, during the open season when deer may be hunted lawfully with a shotgun, hunt a bird or mammal with a rifle, revolver or pistol or by the aid of a dog, or have in his possession or under his control in any wood or field, a rifle, revolver or pistol, or a dog. Nothing in this section shall be deemed to prohibit the use of dogs to hunt upland game or waterfowl as regulated by the division.
Notwithstanding the provisions of this section, the director may authorize the use of primitive firearms or shotguns with a rifled bore for hunting during any period when deer may be hunted by means of a firearm under rules and regulations promulgated in accordance with section five.
SECTION 11. Section 73 of said Chapter 131 of the General Laws is hereby repealed.
SECTION 12. Section 12D of chapter 269 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out subsection (b) in its entirety.
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An Act to enhance the management of problem wildlife
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S501
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SD79
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:27:34.283'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:27:34.2833333'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 501) of Anne M. Gobi for legislation to enhance the management of problem wildlife. Environment and Natural Resources.
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Section 80A of Chapter 131 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding at the end thereof, the following new paragraph: -
Any person issued a permit as provided by this section shall, within thirty days of the expiration of such permit or extension of such permit shall report to the director of the division of fisheries and wildlife, on a form approved by said director, the municipality of which the request was made, the name of the property owner, address of the property threatened, the name of authorized agent, method used to alleviate the problem, and the number and species of animals taken pursuant to the permit, and other information deemed necessary by the director.
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An Act relative to reducing food insecurity
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S502
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SD100
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:14:51.31'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:14:51.31'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-01T10:10:56.8333333'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 502) of Anne M. Gobi and Jason M. Lewis for legislation relative to reducing food insecurity. Environment and Natural Resources.
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The General Laws are hereby amended by adding, in chapter 131, the following new section:-
SECTION XX: (A) In this chapter, unless the context otherwise requires, the following words shall have the following definitions:
“Approved Organization”, any non-profit Massachusetts Sportsman’s club; civic organization, including, but not limited to, food pantries, soup kitchens, and other organizations that provide free or reduced cost ingredients or meals; church, synagogue, or other religious entity; museum, natural history association, or similar non-profit organization.
“Director”, the Director of the Division of Fisheries and Wildlife, or his or her agents.
“Eligible person”, the driver of a motor vehicle which collided with a salvageable animal, or any passenger in such vehicle, provided that such person be domiciled in Massachusetts.
“Environmental Police Officer or EPO”, The Director of the Office of Law Enforcement, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers, and other such enforcement officers of the Office of Law Enforcement, as may be appointed pursuant to Chapter 21 Section 6 of the Massachusetts General Laws.
“Salvage”, The lawful rendering into possession of a salvageable animal by an eligible person in accordance with regulations promulgated by the Director.
“Salvageable animal”, Animal killed by accidental collision with motor vehicle on a Massachusetts way, or by being seriously injured by such accidental collision and subsequently killed at the scene of the collision by a law enforcement officer.
(B) Upon the killing of a salvageable animal, an eligible person who intends to salvage such animal shall immediately, upon taking the carcass of the animal into his possession, notify the Office of Law Enforcement of such intent and shall report to such Office his name, address, and the date, place, and time of the killing of the animal. In the event that the Office of Law Enforcement cannot be so contacted, the eligible person shall immediately notify the municipal police in which the animal was killed, or the nearest State Police Barracks, and shall request that such police log the incident, including the name and address of the eligible person and the date, place, and time of the killing of the animal.
(C) Within 24 hours after the killing of a salvageable animal, the person shall transport the carcass of the animal to an installation or field office of the Division of Fisheries and Wildlife or of the Office of Law Enforcement, or, if so directed when undertaking the reporting specified in subsection (B) of this section, to an Environmental Police Officer at such place and time as the EPO shall specify. The EPO or official agent in charge of the installation or field office shall cause the animal to be tagged with an official seal and shall complete and issue to the eligible person a permit which shall be issued at no charge and which shall allow him to possess and transport the salvageable animal. The official seal shall remain attached to the animal carcass while the carcass is being transported and until the carcass is butchered or otherwise prepared for food purposes. The eligible person shall retain the permit until all edible parts of the animal shall have been consumed.
(D) Animals or parts thereof salvaged under the provisions of this section shall not be sold, bartered, or exchanged for consideration, provided that nothing in this section shall be deemed to preclude the retention for personal use by an eligible person of the head, hide, hooves, and shinbones of such salvageable animal as he shall have been permitted to possess. In the event that the salvageable animal shall be disposed of in accordance to subsection (A) of this section to an approved organization for distribution as food, it shall be understood that any charge or fee requested by such approved organization shall be considered a donation to the organization and not a charge or fee.
(E) In the event that an eligible person does not desire to salvage a salvageable animal, or if the animal is killed by a motor vehicle of which the driver and any passenger is not an eligible person, an Environmental Police Officer may dispose of such animal to any approved organization in subsection (A) or to any person domiciled in Massachusetts, provided that any animal so disposed of shall be tagged and a permit issued as specified in subsection (C). The permit shall be issued in the name of the approved organization or person receiving the animal and shall, if applicable, also bear the name and address of a principal officer of the approved organization.
(F) Animals which shall be deemed inedible or otherwise unsuited for salvage shall be disposed of by lawful burial or incineration or as otherwise ordered by the Director of the Office of Law Enforcement, or by employees of a city or town or of the Department of Transportation, by burial or incineration in accordance with such permit or authorization as shall be issued by the Director, or by disposition to such person or approved organization as shall be approved by the Director or an Environmental Police officer.
(G) No organization that serves or distributes meals or packaged raw meat acquired under the provisions of this section, when acting in good faith that the food is wholesome and fit for human consumption, shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition or consumption of such food, unless an injury is caused by gross negligence, recklessness, or intentional misconduct. The good-faith donor of any apparently wholesome meat, fit for human consumption, to such organizations shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition or consumption of such food, unless an injury is caused by gross negligence, recklessness, or intentional misconduct.
(H) The department shall annually submit a report detailing incidences and locations of animals killed by collision with vehicles, whether or not such animals were salvaged, and, if so, by whom, and which people and organizations received donations of such meat. The report shall be submitted to the Department of Transportation, the Department of Public Health, and the clerks of the House and Senate of the Massachusetts General Court. The report shall further, to the extent practicable, be made available on the Department website, providing, however, that confidential information may be left out of such public reporting.
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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 promoting snowmobiling sustainability
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S503
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SD103
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:34:14.413'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:34:14.4133333'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 503) of Anne M. Gobi for legislation to promote snowmobiling sustainability. Environment and Natural Resources.
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SECTION 1. Section 2A of Chapter 21 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 1, the figure “11” and inserting in place thereof the following figure:- 13.
SECTION 2: Said section 6C of said chapter 21, as so appearing, is hereby further amended by inserting after the word “county”, in line 6, the following words:- and provided further that at least one member shall be a resident of Franklin County, Hampden County, Hampshire County or Worcester County,
SECTION 3. Said section 2A of said chapter 21, as so appearing, is hereby further amended by inserting after the word “Massachusetts”, in line 12, the following words:- the Snowmobile Association of Massachusetts.
SECTION 4. Said section 2A of said chapter 21, as so appearing, is hereby further amended by striking out, in line 13 and in line 17, the number “2” and inserting in place thereof the following number:- 4.
SECTION 5. Section 1 of chapter 61B of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting, in line 20, after the word “gliding” the following words:- , recreational snowmobiling,”.
SECTION 6. Section 22 of chapter 90B of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding at the end thereof the following paragraph:-
In conjunction with the Snowmobile Association of Massachusetts, or its successor organization, a three-day “free snowmobile weekend” shall be established annually by the Massachusetts Office of Law Enforcement on a mutually agreeable weekend during the winter snowmobiling season. For the purposes of this section, a “free snowmobile weekend” is defined as a Friday, Saturday, and Sunday during which a Massachusetts snowmobile registration and Trail Pass provided by the Snowmobile Association of Massachusetts or its appendant clubs is not required for non-residents to operate snowmobiles on public lands, or private lands under agreement with the Snowmobile Association of Massachusetts or its appendant clubs, provided said non-resident has proof of a valid registration in any state or Canadian province.
SECTION 7. Said chapter 90B is hereby amended by inserting after section 26E the following section:-
Section 26F. Whoever, without right, knowingly operates a motor vehicle on wheels over a snow vehicle trail on public property shall be subject to a fine of $250 for the first offense and a fine of $500 for any subsequent offense.
The provisions of this section shall not apply where the operation of the wheeled vehicle onto a snow vehicle trail occurred from an adjoining public way or place, or private way or place which members of the public are allowed access; unless, signage that prohibits the public use of a wheeled vehicle on the trail is posted conspicuously at such location.
For the purposes of this section, the words “snow vehicle trail” shall mean a path or road on publicly-owned property that is designated and marked as a trail for snow vehicles by the property owner, provided that during any period of such allowed use as may be established by the owner, the trail is closed to the public use of motor vehicles other than snow vehicles; and the words, “motor vehicle on wheels” or “wheeled vehicle”, shall mean a recreational vehicle as defined under this chapter, and a motor vehicle as defined under chapter 90, not excluding any motor vehicle used exclusively in the building, repair and maintenance of highways; provided, such vehicle is designed to travel on one or more wheels in contact with the ground.
SECTION 8. The Massachusetts Office of Law Enforcement and Executive Office of Energy and Environmental Affairs, in conjunction with the Snowmobile Association of Massachusetts, or its successor organization, shall establish, through a Memorandum of Understanding, a policy of winter snowmobiling use on new and existing recreational trails, also known as rail trails, during periods of sufficient snow cover. Use as mentioned shall include but not be limited to recreational use, grooming, and maintenance.
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An Act relative to the Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board
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S504
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SD110
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:45:43.257'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:45:43.2566667'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 504) of Anne M. Gobi for legislation relative to the Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board. Environment and Natural Resources.
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SECTION 1: Section 8 of Chapter 21J of the Massachusetts General Laws is hereby amended by striking out the words “Massachusetts Petroleum Council” and inserting in place thereof the words “American Petroleum Institute or its successor”
SECTION 2: Said section is further amended by inserting after the words “New England Convenience Store and Energy Marketers Association, Inc.” the words “or its successor”
SECTION 3: Said section is further amended by inserting after the words “New England Service Station and Automotive Repair Association” the words “or its successor”
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An Act relative to the Ware river watershed advisory committee
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S505
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SD112
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:48:22.247'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:48:22.2466667'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 505) of Anne M. Gobi for legislation relative to the Ware river watershed advisory committee. Environment and Natural Resources.
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Section 14 of chapter 92A½ of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 13 and 14, the words, “a representative of the Massachusetts Wildlife Federation”.
Said section 14 of said chapter 92A½ , as so appearing, is hereby further amended by striking out, in lines 16 and 17, the words, “and a representative of the Upper Ware river watershed association” and inserting in place thereof the following words:- "a representative of a local Snowmobile Association of Massachusetts snowmobile club, a representative of a local equestrian group, and a representative of the New England Mountain Bike Association".
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An Act relative to offshore wind and wildlife habitat management
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S506
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SD896
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-12T09:54:29.953'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-12T09:54:29.9533333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-30T15:43:36.9366667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-30T15:43:36.9366667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T15:32:47.4033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T09:19:24.8233333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-23T15:31:45.17'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T16:29:09.1833333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T10:49:42.6266667'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 506) of Anne M. Gobi, Angelo J. Puppolo, Jr., Marc R. Pacheco, Michael O. Moore and other members of the General Court for legislation relative to offshore wind and wildlife habitat management. Environment and Natural Resources.
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SECTION 1. Chapter 21A of the General Laws, as so appearing in the 2022 Official Edition, is hereby amended by inserting after section 4A the following section:
Section 4A½. The secretary of the executive office of energy and environmental affairs shall establish an advisory council on offshore wind wildlife habitat management, hereinafter advisory council. The advisory council shall be comprised of experts and stakeholders in wildlife monitoring and protection, representation from both federally recognized tribes in the commonwealth, and relevant state and federal agencies.
The advisory council shall provide input to the office of coastal zone management on best practices for avoiding, minimizing and mitigating impacts to wildlife, including, but not limited to, threatened or endangered species such as North Atlantic right whales, coastal and marine habitats, natural resources and ecosystems, and traditional or existing water-dependent uses, by: a) establishing baseline standards for monitoring and mitigation plans required by sections 83(e)(1)(v)(H) and 83C(e)(1)(v)(I) of chapter 169 of the acts of 2008; b) advising on and monitoring the expenditure of funds raised through any long-term contracts dedicated for wildlife monitoring and mitigation; and c) conducting an ongoing review of implemented monitoring and mitigation programs and provide feedback and recommendations on an as-needed basis, to be considered by the office. Pre-construction engagement of the advisory council shall correspond with project development, solicitation and permitting and a process to determine federal consistency with approved coastal management programs.
SECTION 2. Clause (v) of subsection (e)(1) of section 83C of chapter 169 of the acts of 2008, as most recently amended by section 61 of chapter 179 of the acts of 2022, is hereby amended by striking out subclause (I) and inserting in place thereof the following subclause:
(I) contain comprehensive plans for wildlife monitoring and mitigation of adverse wildlife impacts due to the construction and operation of offshore wind facilities that meet the standards established by the office of coastal zone management based on input from the advisory council on offshore wind wildlife habitat management established in section 4A½ of chapter 21A of the General Laws;
SECTION 3. Section 3(a)(32) of chapter 23J of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking the words “and (vii)” and inserting in place thereof the following: “(vii) coordinating with state agencies, regional and tribal entities, and experts on wildlife monitoring and mitigation planning associated with offshore wind activities, including, but not limited to, the members of the advisory council established pursuant to section 4A1/2 of chapter 21A; and (viii)”
SECTION 4. Section 9(c) of chapter 23J of the General Laws, as so appearing in the 2022 Official Edition, as most recently amended by section 17 of chapter 179 of the acts of 2022, is hereby amended by striking the words “and (viii)” and inserting in place thereof the words “(viii) the protection of coastal and marine wildlife through monitoring and mitigation of habitat loss from threats posed by of offshore wind development; and (ix)”.
SECTION 5. Section 9(d) of chapter 23J of the General Laws, as so appearing in the 2022 Official Edition, is hereby amended by adding at the end the following words: “and coastal and marine wildlife and habitats.”
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An Act relative to establishing a food justice frontline
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S507
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SD902
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-16T19:18:00.377'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-16T19:18:00.3766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-25T12:57:06.8833333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T15:10:04.8166667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-10T10:57:52.19'}]
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 507) of Patricia D. Jehlen, Rebecca L. Rausch, Vanna Howard and Patrick M. O'Connor for legislation to establish a food justice frontline. Environment and Natural Resources.
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SECTION 1. The General Laws, as appearing in the 2020 Official Edition, 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 responding to the threat of invasive species
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S508
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SD941
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T11:50:44.11'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T11:50:44.11'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T15:11:19.36'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-01T16:29:05.55'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T11:43:05.81'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-15T15:03:47.6233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T15:10:48.41'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-13T15:44:08.1466667'}]
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 508) of Patricia D. Jehlen, Michael J. Barrett, Michael O. Moore, Thomas M. Stanley and other members of the General Court for legislation to respond to the threat of invasive species. Environment and Natural Resources.
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SECTION 1. Chapter 10, as appearing in the 2016 Official Edition, of the General Laws is hereby amended by adding the following sections:-
Section 78. As used in section 79, the following words shall have the following meanings unless the context clearly requires otherwise:-
“committee”, the invasive species advisory committee established under section 38 of chapter 20;
“coordinator”, the statewide invasive species coordinator established under section 36 of chapter 20;
“executive office”, the executive office of energy and environmental affairs
“recurring maintenance projects”, invasive species projects that previously received grant funding and require long-term control or management activity.
Section 79.
(a) There shall be a fund to be known as the Invasive Species Trust Fund. Notwithstanding any general or special law to the contrary, there shall be credited to the fund: (i) any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund, (ii) any gifts, grants, private contributions or investment income earned by the fund’s assets and all other sources and (iii) any monies provided voluntarily from anyone applying for sporting, hunting, fishing and trapping licenses.
(b) The fund, subject to appropriation, shall be received and held in trust solely for: (i) support to the committee, (ii) the executive office’s invasive species office established under section 36 of chapter 20, (iii) development and implementation of the statewide strategic management plan for invasive species pursuant to section 32 of chapter 20, (iv) research and pilot projects at Massachusetts universities, colleges, non-profit organizations and other facilities to test new and emerging technologies for controlling invasive species, and (v) grants awarded under paragraph (d). The fund shall be administered by the coordinator for the purposes of development and implementation of the strategic management plan, research, pilot projects, and grants.
(c) No expenditure from the fund shall cause the fund to be in deficiency at the close of the fiscal year. Money in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.
(d) A municipality, or group of municipalities, a cooperative invasive species management area, a non-profit or an agency of the state, which desires state assistance to control invasive species, may apply in writing to the invasive species office in a manner prescribed by the office. When the office finds that a proposed invasive species control program aligns with objectives developed in the statewide strategic management plan, and is suitable to eradicate, control, or minimize the effect an invasive species has on the ecosystem under consideration, it may grant an award as determined necessary by the office. Recurring maintenance projects may be awarded grants of up to seventy-five percent the full amount of the annual project cost for a maximum of five years. In approving requests and determining the amount of any grant, the office shall consider the following: (i) the long-range impacts of the strategic management plan developed by the applicant, (ii) the natural resources to be conserved and protected by such control, (iii) the presence of any invasive species prioritized by the committee, (iv) recommendations from the committee, and (v) any impact on endangered, threatened or special concern species listed under chapter 131A.
(e) In prescribing such manner of application for state assistance, the office shall require applicants to develop a management plan and shall offer consultation for development of such plans. The plans shall (i) identify root causes of the existing invasive species problem, (ii) specify control techniques to manage or eradicate the existing infestation, (iii) identify and specify control techniques that will minimize adverse environmental impact to the surrounding area, (iv) specify best management practices to prevent future infestations, and (v) identify the adverse impact of such specified control techniques on any rare species listed under chapter 131A.
(f) The office shall make awards to priority projects to the extent that funds are available. First priority shall be projects to manage incipient infestations of invasive species with the potential for eradication, second priority shall be projects to prevent or control the further spread of an invasive species, and third priority shall be recurring maintenance projects. In establishing priorities for individual projects, the office shall consider the following: (i) public accessibility and recreational uses; (ii) the importance to commercial, agricultural or other interests; (iii) the degree of local interest, including municipal or other support to the project; (iv) local efforts to control invasive species; (v) other considerations affecting feasibility of achieving long-term control including the need for multi-year control efforts; and (vi) necessity or advantage of the proposed work. In all cases, the office shall consider whether the proposed project is included in or compatible with applicable law and regulations, and whether the proposed project furthers goals established by the statewide strategic management plan.
SECTION 2. Chapter 20, as appearing in the Official Edition, of the General Laws is hereby amended by adding sections 33 to section 38:-
Section 33. For the purposes of this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:--
“citizen science”, scientific data collection that engages the public;
“committee”, the invasive species advisory committee;
“cooperative invasive species management area”, a regional partnership that focuses on cooperation, coordination and education between departments, tribal governments, stakeholders, Massachusetts universities, private and not-for-profit organizations, other states, the federal government and any other appropriate parties to manage and control regional invasive species;
“coordinator”, the statewide invasive species coordinator;
“department”, the department of agricultural resources;
“introduction”, the intentional or unintentional escape, release, dissemination, or placement of a species into an ecosystem as a result of human activity;
“introduction pathway”, the mechanism by which an invasive species enters Massachusetts;
“invasive species”, a species that is non-native to the ecosystem under consideration, and whose introduction causes or is likely to cause economic or environmental harm or harm to human health;
“Massachusetts Aquatic Invasive Species Management Plan”; a five-year plan, created by the Massachusetts Aquatic Invasive Species Working Group, for aquatic invasive species management in Massachusetts with the goal of implementing a coordinated approach to minimizing the ecological and economic impacts of aquatic invasive species in marine and freshwater environments. The plan was the first comprehensive effort to assess the impacts and threats of aquatic invasive species in Massachusetts and was published in December 2002;
“native species”, a species that, other than as a result of an introduction, historically occurred or currently occurs in a particular ecosystem;
“naturalized”, the process by which a non-native species, without the aid and benefits of cultivation in Massachusetts, freely and regularly reproduces and persists over time to the point that it becomes established in the ecosystem under consideration;
“non-native species”, a species that is introduced or not naturally occurring, based on the species biology, phylogeny, distribution, and current knowledge about the species, within Massachusetts;
“potentially invasive species”, are non-native species not currently known to be naturalized in Massachusetts, but that can be expected to become invasive within minimally managed habitats within the Commonwealth. As defined here, "species" includes all synonyms, subspecies, varieties, forms, and cultivars of that species unless proven otherwise by a process of scientific evaluation.
“priority conservation area”, an area determined by identifying at all scales the natural and cultural resources at risk from invasive species.
Section 36. (a) The executive office shall establish and maintain a comprehensive invasive species office for the purpose of promoting the ecological integrity of the state’s lands and waterways by controlling invasive species and strategically coordinating management efforts across the state. The office shall focus on each function of invasive species management, including at a minimum, prevention, management, education, and collaboration. The office, with respect to each function, shall: (i) prevent the introduction or re-introduction of invasive or potentially invasive species, (ii) eradicate or control invasive species through early detection and rapid response and best management practices, (iii) target invasive species education to the general public, schools, industries, government agencies, and other organizations, and (iv) facilitate development and support of cooperative invasive species management areas that maximize regional resources and impact.
(b) To coordinate office activities, provide the necessary technical oversight, and staff the office, the department shall appoint a statewide invasive species coordinator. The coordinator shall devote full time and attention to the duties assigned by the department. The coordinator shall be a person with skill and experience in natural resource and invasive species management, botany, and entomology. The coordinator shall be responsible for overall office management, including administration of assigned functions of the invasive species grant program established under chapter 10 of section 79, development of educational materials and workshops, and coordination with other invasive species management activities across the state. The coordinator shall develop the state’s invasive species strategic management plan with assistance from the committee. The coordinator shall update the plan or develop a new plan a minimum of once every five years. The coordinator shall have such duties and authority as deemed reasonable by the department to ensure state agency cooperation and support from the committee.
(c) The department shall develop programming to conduct field work to survey for invasive species and review projects funded by the grant program. The monitoring program will, in coordination with other state planning and remediation activities, comprehensively survey designated sections of the state to identify and map invasive species infestations. The monitoring program shall develop partnerships and citizen science programs to ensure comprehensive monitoring of the state.
(d) The office shall coordinate with cities and towns to combat the negative effects of invasive species and increase resources and funding that support city and town-sponsored activities involving invasive species. The office shall identify all federal and private funds available to the state and to private entities to address invasive species and assist state departments, private and non-profit entities to acquire these funds.
Section 37. The comprehensive, statewide strategic management plan shall include prevention, early detection and rapid response, control, enforcement, and education of the public with respect to all taxa of invasive species, as well as create a mission statement establishing the state’s position against invasive species. The plan shall, at a minimum:
(a) describe the impacts and threats of invasive species in the state;
(b) recommend interagency responsibilities;
(c) recommend city and town coordination;
(d) describe state level coordination;
(e) identify research needs and set research priorities;
(f) set education priorities;
(g) identify needs for additional staff positions at state agencies;
(h) recommend partnerships with private and non-profit entities;
(i) advance a system for early detection and rapid response;
(j) establish a centralized framework for sharing invasive species information;
(k) prioritize invasive species management and advance preparedness;
(l) recommend state actions to recover ecosystem resilience;
(m) evaluate the long term success of current state programs and efforts; and
(n) create a guide for uniform administration of section 40 of chapter 131 when alteration of a wetland area for invasive species management requires a permit with the local conservation commission, and recommend ways to improve the permit process to facilitate invasive control
The plan shall evaluate and incorporate, as appropriate, the approved Massachusetts Aquatic Invasive Species Management Plan, and maximize efforts to receive a federal share for work that falls under the objectives of the National Invasive Species Council.
Section 38. (a) There shall be an invasive species advisory committee which shall provide information, advice, and guidance to the invasive species office, including but not limited to providing policy level direction, coordination, and planning among state departments, federal agencies, and international and local initiatives for the control and eradication of invasive species infestations throughout the state and prevent the introduction of potentially invasive species, and providing assistance with the creation of an assessment for non-native species and recommendations for best management practices. The committee shall develop data relative to invasive species and assist in the implementation of and any revision to the strategic management plan. The committee shall recommend new partnerships for the invasive species office.
(b) The committee shall be chaired by the invasive species coordinator and shall meet at the call of the chair or quarterly, but no less than annually. The members of the committee shall not be compensated for their services on the committee but may seek reimbursements out of any funds available for the purpose, for their actual traveling and other expenses necessarily incurred in the performance of the committee’s duties, but such reimbursements shall not in any fiscal year exceed the amount set by the chair.
(c) The chair shall select up to 16 members with at least one member from each of the following:
(1) A statewide conservation organization;
(2) A statewide river organization;
(3) A representative from the Massachusetts Invasive Plant Advisory Group
(4) A representative from a land trust
(5) A representative from a native plant organization
(6) A representative of an association of conservation commissions;
(7) A representative from the Natural Heritage and Endangered Species Program of the department of fish and game;
(8) A representative from the Division of Ecological Restoration of the department of fish and game;
(9) A representative from the department of agricultural resources;
(10) A representative of a plant nursery association;
(11) A representative of a landscape association;
(12) A representative from the Massachusetts Congress of Lake and Pond Associations;
(13) A representative from a Massachusetts biodiversity research institute or university; and;
(14) A veterinarian or biologist conducting research and monitoring of wildlife and plant diseases that are presently infecting flora and fauna in the state.
(d) Selection to the committee shall be for a four year term.
(e) The committee, at the call of the chair, shall hold public hearings for the purpose of fact-finding, receiving public comments, or conducting inquiries concerning invasive species. The committee shall prepare for public review and include in its reports a summary of the comments and recommendations made at the public meetings;
(f) The committee shall report annually at the end of each calendar year on budgetary and other issue regarding invasive species. The information reported shall include, but not be limited to: (i) a summary of the committee’s activities; (ii) the performance of the committee’s duties; (iii) efforts in the state to identify and manage invasive species; and (iv) budgetary recommendations for invasive species. The report shall be filed with the clerks of the senate and the house, the senate and house committees on ways and means, the joint committee on environment, natural resources and agriculture, and the governor.
(g) The committee, through its member agencies, shall:
(i) maintain oversight of invasive species in the state, and assess the scope and magnitude of the environmental, ecological, agricultural, economic, recreational and social impacts caused by invasive species in the state;
(ii) recommend legislation as well as administrative policies and programs to improve the state’s administration and support of invasive species programs and policies;
(iii) advise, consult and coordinate invasive species-related efforts with and between state agencies, as well as state, federal, international, and privately organized programs and policies;
(iv) identify and prioritize each agency’s organizational and resource needs with respect to invasive species;
(v) assist state agencies in reviewing the agency performance measures, by the committee’s standard, for accountability concerning invasive species actions;
(vi) direct invasive species policy for state agencies and ensure that all state agency programs and policies are consistent with the invasive species policies created by the committee;
(vii) create and maintain a list of all established categories of invasive species, including banned invasive species, and confirmed sightings of such species in a statewide database that incorporates existing data from agencies, or, if found suitable by the committee, expand current databases and reporting systems to ensure public access to invasive species information and distribution;
(viii) establish and maintain a list of current potentially invasive species identified as threats, with focus on those species threatening priority conservation areas, and promulgate agency regulations for such species;
(ix) issue an advisory when there is a discovery in the state of a species listed as potentially invasive and not recorded in the state prior to such discovery; the public advisory shall, to the extent information is available, describe in plain language the (i) species location, (ii) waters and land areas negatively affected or expected to be negatively affected by the species, (iii) best management practices for the species provided its location, (iv) introduction pathways, (v) a state plan for eradicating, if possible, or controlling the infestation, and (vi) such information as the committee shall prescribe by regulation or directive;
(x) incorporate and expand the Massachusetts Invasive Plant Advisory Group’s invasive plant assessment to the extent appropriate for the committee’s invasive species control and eradication efforts, and create a yearly evaluation system for listing new species and de-listing others;
(xi) review the department’s regulations for the Massachusetts prohibited plant list and ensure appropriate administration of the prohibited plant list;
(xii) promote use of native species as alternatives to horticulturally and commercially used invasive species and create a list of suitable, tested native alternatives for commonly used invasive species;
(xiii) review state agency mandates and commercial interests that call for the maintenance of invasive or potentially invasive species as resources for sport hunting, aesthetic resources, or other values;
(xiv) encourage industries and trade organizations to develop and adopt voluntary codes of conduct designed to reduce or eliminate the use and distribution of invasive species, reviewing such voluntary codes of conduct and officially recognizing approved codes;
(xv) restrict the sale, purchase, possession, propagation, introduction, importation, transport and disposal of invasive species, and establish grace periods for prohibited species so businesses can plan management of existing stock;
(xvi) review the structure of and establish fines and penalties to ensure maximum deterrence for invasive species-related crimes;
(xvii) identify and establish new methods to increase revenue for the invasive species trust fund established under section 79 of chapter 10;
(xviii) prioritize the actions of the committee based on the needs of the executive office’s invasive species office established under section 36, and effectively respond to such needs;
(xix) approve by affirmative vote and implement the statewide strategic management plan for invasive species with the invasive species office;
(xx) collaborate and coordinate efforts with the federal invasive species council and its national invasive species management plan;
(xxi) coordinate a response or promote a statewide position with respect to the impact climate change has on invasion risk in the state and identify ways to translate climate research into invasive species management action;
(xxii) develop, foster and maintain partnerships with non-profit organizations to collaborate on projects, policies and programs;
(xxiii) adopt rules pursuant to effectuate this chapter; and
(xiv) perform any other function necessary to effectuate the purposes of this section.
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An Act re-establishing the Clean Environment Fund
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S509
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SD1274
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:28:40.413'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:28:40.4133333'}]
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 509) of Edward J. Kennedy for legislation to re-establish the Clean Environment Fund. Environment and Natural Resources.
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SECTION 1. Section 323D of Chapter 94 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by the striking out, in lines 5 through 8, inclusive, the last sentence, and inserting in place thereof, the following sentence:- Forty per cent of the amounts collected by the commission of revenue pursuant to this section shall be deposited in the Clean Environment Fund, established pursuant to Section 323G.
SECTION 2. Chapter 94 of the General Laws is hereby amended by inserting after Section 323E, the following new section:
Section 323G. (a) There shall be established and set upon the books of the Commonwealth a separate fund to be known as the Clean Environment Fund, hereinafter referred to as the fund. The fund shall be credited with 40 per cent of the monies collected by the commissioner of revenue from deposit amounts for abandoned beverage containers under Section 323D, any appropriation or other monies authorized by the General Court which are specifically designated to be credited to the fund, and any income derived from the investment of amounts credited to the fund.
(b) The secretary of energy and the environment shall administer the fund. All amounts credited to the fund may be expended without appropriation only for the following purposes:
(1) Not less than 60 per cent of the monies credited annually to the fund shall be used to provide funding for state and municipal: solid waste reduction, recycling, littering, and composting programs and initiatives; outreach programs; sustainable material recovery programs and initiatives; and recycling equipment and infrastructure improvements. Expenditures for such programs, initiatives and infrastructure may include, but are not limited to: (i) municipal programs for recycling, litter reduction, and waste reduction, such as unit-based pricing, pay-as-you-throw (PAYT) programs, save money and reduce trash (SMART) programs, single stream recycling collection programs, organic and food waste composting programs and initiatives, and programs to increase recycling in public areas and facilities; (ii) municipal grants for waste recycling equipment and infrastructure improvements; (iii) grants for waste recycling, food waste composting, and food recovery programs in schools; (iv) programs to increase commercial and institutional recycling and composting; (v) financial assistance equipment grants for recycling service providers; (vi) municipal grants for litter cleanup and disposal, education, and enforcement of litter laws; (vii) programs for the enforcement of the solid waste regulations by the department of environmental protection; and (viii) innovative initiatives and programs to reduce or recycle solid wastes.
(2) Any remaining amounts credited annually to the fund shall be used for improvements to state parks, state forest recreation areas and state reservations that are under the control of the department of conservation and recreation; provided the improvements, if applicable, shall meet or exceed the current Leadership in Energy and Environmental Design (LEEDS) building standards established by the U.S. Green Building Council.
(c) 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. The fund shall be exempt from any indirect and fringe benefits assessment related to the administration of the fund.
(d) The secretary of energy and environmental affairs shall report annually, not later than January 15, to the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture relative to the source and amount of funds deposited into the fund, and the amount distributed to each recipient, and the purpose of expenditures from the fund.
SECTION 3. Chapter 132A of the General Laws is hereby amended by inserting after Section 2D, the following section:-
Section 2E. The commissioner shall establish a program to promote the recycling of refuse and reduce littering at all state parks, state forest recreation areas, and state reservations that are maintained and under the control of the department.
In the development and improvement of said state parks, state forest recreation areas and state reservations, the commissioner shall require, if feasible, that the completed development or improvement provide for any needed recycling of refuse.
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An Act relative to equal opportunity for craft cooperatives
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S51
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SD914
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T16:43:22.46'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T16:43:22.46'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S51/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 51) of Patricia D. Jehlen for legislation relative to equal opportunity for craft cooperatives. Cannabis Policy.
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Section 1 of chapter 94G of the General Laws, as most recently amended by section 20 of chapter 55 of the acts of 2017, is hereby amended in the definition of “craft marijuana cultivator cooperative” by striking out the words “to marijuana establishments but not to consumers” and inserting in place thereof the following words: “to those entities or individuals authorized by law or regulation to receive such deliveries.”
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Resolve providing for an investigation and study of enhancing statewide recycling programs
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S510
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SD1275
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:29:06.373'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:29:06.3733333'}]
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Resolve
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By Mr. Kennedy, a petition (accompanied by resolve, Senate, No. 510) of Edward J. Kennedy that provisions be made for an investigation and study by the Executive Office of Energy and Environmental Affairs to enhance statewide recycling programs. Environment and Natural Resources.
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Resolved, that the Executive Office of Energy and Environmental Affairs shall conduct an investigation and study of the feasibility of enhancing statewide recycling programs and municipal waste management. The study shall identify the fiscal impact, statutory and regulatory barriers, existing laws and regulations, grant programs to facilitate financing, new and existing technologies, and the need for new infrastructure. The study shall also include, but not be limited to, the feasibility of expanding 1) public space and urban center recycling resources, 2) curbside and multi-unit dwelling recycling, and 3) composting initiatives.
The office shall also explore the feasibility of a statewide single-stream recycling pilot program. The study shall assess the viability of and costs associated with single-stream diverted material including, but not limited to, a long-term cost-benefit analysis of the value of diverted materials compared to the value of total waste diverted from landfills.
Finally, office shall also explore the feasibility of implementing a data-based sunset provision to the Massachusetts bottle deposit law as outlined in Sections 323 through 327, inclusive, of Chapter 94 of the General Laws. The study shall propose standards and regulations to track the general, statewide recycling rate of municipal solid waste in comparison to the recycling rate of containers covered by the bottle deposit program. When the rates of recycling of both covered and non-covered materials are equal, the deposit program shall be considered unnecessary and therefore will be repealed.
The secretary shall report to the joint committee on environment, natural resources and agriculture, the joint committee on telecommunications, utilities and energy, and the house and senate committees on ways and means, the finding and recommendations, if any, together with drafts of legislation necessary to carry the recommendations into effect by filing the same with the clerks of the senate and house of representatives on or before December 31, 2023.
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An Act relative to liability for release of hazardous materials
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S511
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SD1329
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:34:06.943'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:34:06.9433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-14T15:48:03.06'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-08-14T14:07:03.1233333'}]
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 511) of Edward J. Kennedy for legislation relative to liability for release of hazardous materials. Environment and Natural Resources.
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SECTION 1. Section 2 of chapter 21E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Condition of substantial release migration” and inserting in place thereof the following definition:-
“Condition of substantial release migration”, (a) a release of oil or hazardous material that is likely to be transported through environmental media where the mechanism, rate or extent of transport has resulted in or, if not promptly addressed, has the potential to result in: (1) health damage, safety hazards or environmental harm; or (2) a substantial increase in the extent or magnitude of the release, the degree or complexity of future response actions, or the amount of response costs.
(b) Conditions of substantial release migration shall include, but not be limited to:
(1) releases that have resulted in the discharge of separate-phase oil or separate-phase hazardous material to surface waters, buildings or underground utilities or conduits;
(2) releases to the ground surface or to the vadose zone that, if not promptly removed or contained, are likely to significantly impact the underlying groundwater or significantly exacerbate an existing condition of groundwater pollution;
(3) releases to the groundwater that have migrated or are expected to migrate more than 200 feet per year;
(4) releases to the groundwater that have been or are within 1 year likely to be detected in a public or private water supply well;
(5) releases to the groundwater that have been or are within 1 year likely to be detected in a surface water body, wetland or public water supply reservoir;
(6) releases to the groundwater or to the vadose zone that have resulted in or have the potential to result in the discharge of vapors into a school, daycare or child care center or occupied residential dwelling at concentrations greater than indoor air threshold values for the evaluation of a vapor intrusion pathway as established by the department; provided, that conditions that indicate a potential discharge of vapors into a school, daycare or child care center or occupied residential dwelling shall include, but shall not be limited to:
(i) soil or soil gas impacted with 1 or more volatile organic compounds within 6 feet, measured horizontally from the wall of the structure, and within 10 feet measured vertically from the basement floor or foundation at concentrations that are likely to discharge vapors into the structure;
(ii) 1 or more volatile organic compound in the groundwater exceed the applicable Groundwater Category GW-2 Standard within 30 feet of the structure, and the average annual depth to groundwater in that area is 15 feet or less;
(iii) volatile light non-aqueous phase liquid is present in a groundwater monitoring well, excavation, or subsurface depression within 30 feet of the structure at a measured thickness equal to or greater than 1/8 inch or .01 feet; or
(iv) evidence of vapor migration along preferential pathways at a location that is likely to result in the discharge of vapors into the structure; or
(7) any release for which a notification has been required by the department.
(c) Any person required to notify the department pursuant to section 7 shall notify the department of such condition upon obtaining knowledge thereof and shall take any appropriate and feasible response actions as may be required by the department. Notwithstanding any general or special law to the contrary, the department shall not use any other definition of condition of substantial release migration.
SECTION 2. Said section 2 of said chapter 21E, as so appearing, is hereby further amended by inserting, after the definition of “Contain”, the following definition:-
“Critical exposure pathways”, those routes by which oil or hazardous material released at a disposal site are transported, or are likely to be transported, to human receptors via: (i) vapor-phase emissions of oil or hazardous materials into the living or working space of a pre-school, daycare, school or occupied residential dwelling at concentrations greater than indoor air threshold values for the evaluation of a vapor intrusion pathway as established by the department; or (ii) ingestion, dermal absorption or inhalation of measurable concentrations of oil or hazardous materials from drinking water supply wells located at and servicing a pre-school, daycare, school or occupied residential dwelling.
SECTION 3. Section 5C of said chapter 21E, as so appearing, is hereby amended by adding the following subsection:-
(l) A department audit of response actions at the site or portion of the site owned or operated by an eligible person, as delineated in a waste site cleanup activity opinion, for which a permanent solution or remedy operations status exists and is maintained or has been achieved and maintained in accordance with such opinion, which (i) identifies no violations of this chapter and regulations promulgated thereto, or (ii) if such violations are identified, such violations are promptly corrected, shall be deemed conclusive evidence that the eligible person has no liability, and the department may take no action as to such eligible person, for any releases at any property not previously identified as part of the site or any other disposal site. Notwithstanding any general or special law to the contrary, the department shall not promulgate regulations relative to this subsection.
SECTION 4. (a) Notwithstanding any general or special law to the contrary, no person shall be liable for any substantial release migration at any property not previously identified as part of a disposal site or any other disposal site if the department of environmental protection:
(i) has, at any time before the effective date of this act, performed an audit of response actions at a site, or a part of a site; and
(ii)(1) has determined that a permanent solution or remedy operations status was achieved and maintained in accordance with a waste site cleanup activity opinion or any other notification to such person; or (2) has notified such person that a violation of chapter 21E of the General Laws or any regulation was identified and promptly corrected.
(b) The department of environmental protection shall have no defense in any action or claim, nor shall the department present evidence to contest liability of an eligible person, upon a showing that a permanent solution or remedy operations status was achieved and maintained.
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Resolve providing for an investigation and study by a special commission relative to mattress recycling
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S512
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SD1331
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:30:32.687'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:30:32.6866667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-05-09T10:13:31.02'}]
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Resolve
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By Mr. Kennedy, a petition (accompanied by resolve, Senate, No. 512) of Edward J. Kennedy that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to mattress recycling. Environment and Natural Resources.
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Resolved, that a special commission is hereby established for the purpose to study the financial and environmental impacts of disposal and end-of-life management of mattresses, including bed foundations and box springs, on municipalities of the commonwealth. The commission shall examine existing mattress management options, such as recycling and material disposal, and make recommendations on policies and programs to increase mattress reuse and recycling, and to mitigate the financial and environmental costs of managing said materials. The commission shall review all aspects of mattress disposal and end-of-life management including, but not limited to, the: (i) availability of local management options, (ii) costs and benefits of existing options to taxpayers and municipalities, (iii) programs and policies in other states that promote proper diversion of mattresses to reduce costs, (iv) opportunities to increase additional community impacts through preferred partnerships with local nonprofit social enterprises and organizations that recycle mattresses, and (v) programs and policies utilized in other states.
The commission shall consist of the commissioner of the department of environmental protection or his designee, who shall serve as commission chair; 2 members of the senate, 1 of whom shall be appointed by the senate president and 1 of whom shall be appointed by the minority leader of the senate; 2 members of the house of representatives, 1 of whom shall be appointed by the speaker of the house of representatives and 1 of whom shall be appointed by the minority leader of the house of representatives; 2 persons to be appointed by the governor, 1 of whom shall have experience in integrated materials management and waste management and 1 of whom shall be a representative from a Massachusetts-based mattress recycling social enterprise program; a representative of MassRecycle, Inc.; and a representative of the International Sleep Products Association. The commission shall convene its first meeting not later than June 1, 2023, and shall file a report along with any recommendations for legislation not later than November 30, 2023, with the clerks of the senate and house, the chairs of the senate and house committees on ways and means, and the chairs of the joint committee on environment, natural resources and agriculture.
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An Act to assess the future of mattress recycling in the Commonwealth
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S513
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SD2108
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:35:16.68'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:35:16.68'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-20T13:37:54.6866667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-05-09T10:13:23.3966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-08-31T10:56:19.3966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S513/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 513) of Edward J. Kennedy and Vanna Howard for legislation to assess the future of mattress recycling in the Commonwealth. Environment and Natural Resources.
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SECTION 1. Section 2 of Chapter 21H of the General Laws is hereby amended by inserting the following definitions:
(1) "Brand" means a name, symbol, word or mark that attributes a mattress to the producer of such mattress;
(2) “Commissioner” means the Commissioner of the Department of Environmental Protection;
(3) "Covered entity" means any political subdivision of the state, mattress retailer, permitted transfer station, waste-to-energy facility, health care facility, educational facility, military base or commercial or nonprofit lodging establishment that possesses a discarded mattress that was used and discarded in this state. "Covered entity" does not include any renovator, refurbisher or any person who only transports a discarded mattress;
(4) "Department" means the Department of Environmental Protection;
(5) "Discarded mattress" means any mattress that a consumer discarded, intends to discard or abandoned in the state;
(6) "Energy recovery" means the process by which all or a portion of solid waste materials are processed or combusted in order to utilize the heat content or other forms of energy derived
from such solid waste materials;
(7) "Foundation" means any ticking-covered structure that is used to support a mattress and that is composed of one or more of the following: A constructed frame, foam or a box spring, whether stationary, adjustable or foldable. "Foundation" does not include any bed frame or base made of wood, metal or other material that rests upon the floor and that serves as a brace for a mattress;
(8) “Institution” means established organizational entities including, but not limited to health care facilities, higher education facilities, military bases, public and private correctional facilities and jails, assisted living facilities, and group homes;
(9) "Mattress" means any resilient material or combination of materials that is enclosed by ticking, used alone or in combination with other products, and that is intended for or promoted for sleeping upon. "Mattress" includes any foundation and any used or renovated mattress. "Mattress" does not include any mattress pad, mattress topper, sleeping bag, pillow, car bed, carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib or bassinet mattress, crib bumper, liquid or gaseous filled ticking, including any water bed and any air mattress that does not contain upholstery material between the ticking and the mattress core, and upholstered furniture, including a sleeper sofa;
(10) "Mattress core" means the principal support system that is present in a mattress, including, but not limited to, springs, foam, air bladder, water bladder or resilient filling;
(11) "Mattress stewardship fee" means the amount added to the purchase price of a mattress sold to a consumer or to an ultimate end user in this state that is necessary to cover the cost of collecting, transporting and processing discarded mattresses by the council pursuant to the mattress stewardship program;
(12) "Mattress topper" means any item that contains resilient filling, with or without ticking, that is intended to be used with or on top of a mattress;
(13) “Non-profit social enterprise organization” means an organization that sells goods and services and enhances economic development and environmental justice through work opportunities in mattress recycling for individuals facing significant barriers to employment;
(14) "Performance goal" means a metric proposed by the council and approved by the department to measure, on an annual basis, the performance of the mattress stewardship program, taking into consideration technical and economic feasibilities, in achieving continuous, meaningful improvement in improving the rate of mattress recycling in the state and any other specified goal of the program. At a minimum, goals must include collection and recycling rates and public awareness;
(15) "Producer" means any person, irrespective of the selling technique used, including that of remote sale, who manufactures or renovates a mattress that is sold, offered for sale or distributed in the state under the producer's own name or brand. "Producer" includes (A) 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, and (B) any person who imports a mattress into the United States that is sold or offered for sale in this state and that is manufactured or renovated by a person who does not have a presence in the United States;
(16) "Renovate" or "renovation" means altering a mattress for the purpose of resale including any one, or a combination of, the following: Replacing the ticking or filling, adding additional filling, or replacing components with new or recycled materials. "Renovate" or "renovation" does not include (A) the stripping of a mattress of its ticking or filling without adding new material, (B) the sanitization or sterilization of a mattress without otherwise altering the mattress, or (C) the altering of a mattress by a renovator when a person retains the altered mattress for personal use, in accordance with regulations of the Department of Consumer and Business Services;
(17) "Renovator" means any person who renovates discarded mattresses for the purpose of reselling such mattresses to consumers;
(18) "Retailer" means any person who sells mattresses to a consumer or to an ultimate end user in this state or offers mattresses to a consumer in this state through any means, including but not limited to remote offerings such as sales outlets, catalogs or the Internet.
(19) "Sanitization" means the direct application of chemicals to a mattress to kill human disease-causing pathogens;
(20) "Sale" means the transfer of title of a mattress for consideration, including, but not limited to, the use of a sales outlet, catalog, Internet web site or similar electronic means to a consumer or to an ultimate end user in the state;
(21) "Sterilization" means the mitigation of any deleterious substances or organisms, including human disease-causing pathogens, fungi and insects from a mattress or filling material using a chemical or heat process;
(22) "Ticking" means the outermost layer of fabric or material of a mattress. "Ticking" does not include any layer of fabric or material quilted together with, or otherwise attached to, the outermost layer of fabric or material of a mattress; and
(23) "Upholstery material" means all material, loose or attached, between the ticking and the core of a mattress.
(24) “Waste hauler” means any person who provides commercial, institutional, and residential solid waste removal services, including the removal and end-of-use management of discarded mattresses, in the state under the waste hauler’s own name and brand.
SECTION 2. Chapter 21H of the General Laws is hereby amended by inserting after Section 7 the following section:- Mattress Stewardship Program
Sec. 8. (a) Within 180 days following enactment of this act, each producer, or such producer's designee, shall join the mattress recycling council and by said date such council shall submit a plan, for approval by the Commissioner, to establish a state-wide mattress stewardship program, as described in this subsection. Retailers may participate in said council. Such mattress stewardship program shall, to the extent it is technologically feasible and economically practical: (1) provide for free, convenient and accessible state-wide opportunities for the receipt of discarded mattresses from any person in the state with a discarded mattress that was used and discarded in the state, including, but not limited to, participating covered entities that accumulate and segregate a minimum of one hundred discarded mattresses for collection at one time; (2) provide for free collection of discarded mattresses from transfer stations that accumulate and segregate fewer than fifty mattresses, provided the transfer stations require such collection due to space or permit requirements; (3) provide suitable storage containers at, or make other mutually agreeable storage and transport arrangements for, permitted transfer stations for segregated, discarded mattresses, at no cost to such municipality, provided such transfer station makes space available for such purpose and imposes no fee for placement of such storage container on the transfer station's premises; (4) provide that the organization will conduct research, as needed, related to improving used mattress collection, dismantling, and recycling operations, including pilot programs to test new processes, methods, or equipment on a local, regional, or otherwise limited basis; and (5) include a mattress stewardship fee that is sufficient to cover the costs of operating and administering the program.
(b) The plan submitted pursuant to subsection (a) of this section shall: (1) identify each producer participating in the program; (2) describe the fee structure for the program and include a proposed budget; (3) establish performance goals for the program that clearly outline the maximum feasible level of recovery and recycling of used mattresses in support of the Commonwealth’s overall waste diversion goals as outlined in the department’s solid waste master plan; (4) identify proposed facilities to be used by the program; (5) Offer organizations that recycle or renovate discarded mattresses the opportunity to participate as collection sites; (6) meet minimum convenience goals approved by the department that provide communities, including but not limited, to small towns, rural towns, residents of multifamily housing structures, and environmental justice populations equitable access to collection sites and a timeline for implementing and achieving convenient access to the program; (7) detail how the program will promote the recycling of discarded mattresses consistent with the state’s solid waste management hierarchy; (8) include a description of the public education program; (9)
propose a mechanism to mitigate the costs associated with collection of discarded mattresses that are illegally dumped, which may include but need not be limited to proposals for funding of clean-up activities, for education and outreach or for studies to evaluate the causes of illegal dumping.
(c) The council shall establish and implement a fee structure that covers, but does not exceed, the costs of developing the plan described in subsection (b) of this section, operating and administering the program described in subsection (a) of this section and shall not maintain total reserves exceeding 60 percent of its annual operating expenses, consistent with the requirements of the Financial Accounting Standards Board’s Accounting Standards Update 2016-14, Not-for-Profit Entities (Topic 958), and any future updates to that standard. If the council’s reserves exceed the amount specified, the department may require the organization to increase spending on implementing the requirements of this chapter in order to reduce the excess amount of reserves. The council may not use any moneys collected through a mattress stewardship fee to pay penalties assessed against the council. The council may initially set the fee as a flat rate and not as a percentage of the purchase price. During the third year of implementing a mattress stewardship program under a plan or initial plan, the council shall fund a study conducted by the department that examines (i) how the mattress stewardship fee can be differentiated to: 1) incentivize the reduction of toxics and resources (e.g., energy and water) associated with mattress production; 2) incentivize the use of post-consumer recycled content in mattress; and 3) discourage the use of mattress materials that pose challenges for the recycling of discarded mattresses; and (ii) the scope of discarded mattresses in this state that are not being collected as part of the council’s mattress stewardship program and recommendations on how to direct the discarded mattresses to, and include them, in the council’s program. The results of the study will be used to establish a system of differential fees within one year of completion of the study. The council shall maintain all records relating to the program for a period of not less than three years.
(d) The council shall include in its plan, and all future plans, the establishment of a new Employment Social Enterprise Impact Program based on written recommendations provided by the Commissioner. The goal of the program will be for the council to contract with a nonprofit entity that will provide recycling services to the council, as well as to foster the sustainability of nonprofit employment social enterprise organizations that sell goods and services and enhance economic development and environmental justice through the provision of work opportunities in mattress recycling for individuals facing significant barriers to employment. The program will be effective 90 days after the approval of a plan. Based on the submission of an application from an eligible nonprofit social employment enterprise, the council shall contract with at least one nonprofit employment social enterprise as a vendor for the collection, transportation and recycling of mattresses, assuming the nonprofit requests in its application to carry out all such services, during the four-year period of the initial plan. Eligible applicants will be 501c3 nonprofit employment social enterprise organizations that have a demonstrated and positive history of providing mattress recycling services in Massachusetts as an approved vendor to the department for at least five years while providing employment and professional skills training opportunities for individuals facing significant barriers to employment. In addition to the council’s funding for the collection, transportation, and recycling of mattresses, the department will provide such selected nonprofit a contract that includes an additional payment, known as a social impact payment, that will be provided as general operating support to help fund the offering of wraparound and work readiness services for those individuals receiving employment and training through the mattress recycling enterprise who face past barriers to employment, including but not limited to outreach, training, education, transitional employment services, case management, and administrative support. The additional social impact payment will equal no less than $40 per mattress recycled or reused by the nonprofit, not to exceed $1,500,000 per year. The nonprofit contracted by the council in its initial plan will be eligible to receive subsequent contracts for additional social impact payments by the department upon completion of the initial four-year plan. After the third year of the plan, the council will evaluate the opportunity to expand the Employment Social Enterprise Impact Program. Additionally, during the first four-year plan period, the selected nonprofit employment social enterprise will receive priority consideration in any bid or grant application through the council or department that supports mattress recycling, and will be eligible to receive grant awards from the department or council, as such programs are available, on a continual annual basis to best support the nonprofit’s sustainability.
(e) Pursuant to the program, recycling shall be preferred over any other disposal method for mattresses, to the extent that recycling is technologically feasible and economically practical.
(f) The nonprofit employment social enterprise shall, monthly. submit to the department a request for reimbursement that includes (i) the total number of mattresses collected and recycled by the nonprofit employment social enterprise. The department may (i) increase the minimum social impact payment, (ii) increase the annual cap on social impact payments, and (iii) adjust the reimbursement schedule.
(g) The Commissioner shall approve the plan for the establishment of the mattress stewardship program, provided such plan meets the requirements of subsections (a) to (c), inclusive, of this section. Not later than ninety days after submission of the plan pursuant to this section, the Commissioner shall make a determination whether to approve the plan. Prior to making such determination, the Commissioner shall post the plan on the department's Internet web site and solicit public comments on the plan for not less than thirty days. In the event that the Commissioner disapproves the plan because it does not meet the requirements of subsections (a) to (d), inclusive, of this section, the Commissioner shall describe the reasons for the disapproval in a notice of determination that the Commissioner shall provide to the council. The council shall revise and resubmit the plan to the Commissioner not later than forty-five days after receipt of notice of the Commissioner’s disapproval notice. Not later than forty-five days after receipt of the revised plan, the Commissioner shall review and approve or disapprove the revised plan and provide a notice of determination to the council. The council may resubmit a revised plan to the Commissioner for approval on not more than two occasions. If the council fails to submit a plan that is acceptable to the Commissioner because it does not meet the requirements of subsections (a) to (c), inclusive, of this section, the Commissioner shall modify a submitted plan to make it conform to the requirements of subsections (a) to (c), inclusive, of this section, and approve it. Not later than one hundred eighty days after the approval of a plan pursuant to this section, or one hundred eighty days, in the case of a plan modified by the Commissioner, the council shall implement the mattress stewardship program. The initial plan submitted by a council and approved by the department shall be valid for five years. At least 180 days before the expiration of a plan or initial plan, the council shall submit the plan to the department to be reapproved for an additional five years.
(h) (1) The council shall submit any proposed substantial change to the program to the Commissioner for approval. For the purposes of this subdivision, "substantial change" means: (A) A change in the processing facilities to be used for discarded mattresses collected pursuant to the program, (B) a material change to the system for collecting mattresses, (C) a change to the fee structure, (D) a change in the composition of the committee. If the Commissioner does not disapprove a proposed substantial change within ninety days of receipt of notification of such proposed substantial change, such proposed substantial change shall be deemed approved.
(2) Within 90 days following the end of the program’s second fiscal year, the council shall submit updated performance goals to the Commissioner that are based on the experience of the program during the first two years of the program and to ensure continued alignment with the department’s solid waste diversion goals.
(i) The council shall notify the Commissioner of other material changes to the program on an ongoing basis, without resubmission of the plan to the Commissioner for approval. The department may promulgate regulations regarding permissible changes without resubmission of the plan.
(j) Within 90 days following the end of the program’s second fiscal year and every two years thereafter, the council shall propose a mattress stewardship fee for all mattresses sold in this state except those products excluded from the definition of “Mattress” in Section 1. (k) On and after the implementation of the mattress stewardship program, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to an ultimate end user in the state shall add the mattress stewardship fee, established pursuant to subsection (a) of this section and described in subsection (h) of this section, to the purchase price for such mattress and shall remit the fee collected to the council. In each transaction described above, the fee shall appear on the invoice and shall be accompanied by a brief description of the fee. The council shall determine the rules and procedures that are necessary and proper to implement the collection of the fee in a fair, efficient, and lawful manner. Any producer or retailer who fails to participate in such program shall not sell mattresses in this state.
(k) Not later than October fifteenth of each year, the council shall submit an annual report to the Commissioner of the for the most recently completed fiscal year. The Commissioner shall post such annual report on the department's Internet web site. The Commissioner shall review and approve the yearly annual report. Such report shall include: (1) Information on the number and tonnage of discarded mattresses collected pursuant to the mattress stewardship program from: (A) transfer stations, (B) retailers, (C) collection events, (D) employment social enterprise organizations and (E) all other covered entities during the previous calendar year at a sufficient level of disaggregation to determine how the program is performing in different regions of the state; (2) 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; (3) the tonnage of mattresses diverted for recycling; (4) the weight of mattress materials recycled, as indicated by the weight of each of the commodities sold to secondary markets; (5) 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; (6) a summary of the public education that supports the program; (7) an evaluation of the effectiveness of methods and processes used to achieve performance goals of the 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; (8) recommendations for any changes to the program; (9) the total sales of mattresses sold to consumers in this state in the previous calendar year by producers, renovators and retailers registered with the council; (10) the number of discarded mattresses received through collection that were not included in the program, 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 council will take to address discarded mattresses that are not included in the program and discarded mattresses that are illegally dumped; and (11) the mattress recycling organization’s costs and revenues for the previous calendar year.
(l) The Commissioner of the Department of Environmental Protection shall appoint a mattress stewardship program advisory committee. The advisory committee shall be comprised with membership representation from the Commissioner of the Massachusetts Department of Environmental Protection, or his/her designee, who shall serve as chair of the committee; a representative from MassRecycle; two representatives from two different covered entities; a representative from a Massachusetts-based mattress recycling organization; a representative of an environmental nongovernmental organization; a representative of a social enterprise nonprofit organization involved in mattress recycling; and a representative of the International Sleep Products Association. The commissioner shall place great emphasis on selecting a diverse group of advisory committee members. The attorney general shall appoint one member to the advisory committee with expertise in consumer protection. The advisory committee shall meet not less than once every quarter and shall consult with the council and advise the department, including delivering written recommendations regarding: (1) The review of any plan for the development and implementation of a mattress stewardship program submitted to the department; (2) The review of any amendment to a plan; (3) The review of annual reports submitted by a council. The department may select and hire a third-party facilitator for the Advisory Committee, which shall be included among the administrative costs of the program, to be paid by producers or producer responsibility organizations.
(m) The council shall conduct during the third year of implementing a mattress stewardship program, and in consultation with the mattress stewardship program advisory committee and a minimum of three other community organizations invited by the advisory committee, a study evaluating the most effective methods of providing discarded mattress collection services to low-income individuals, environmental justice populations, municipalities with populations of less than 5,000 residents, and multifamily housing structures.
(n) Two years after the implementation of the program and every three years thereafter, or upon the request of the Commissioner but not more frequently than once a year, the council shall cause an audit of the program to be conducted by an auditor as described in subsection (h) of this section. Such audit shall review the accuracy of the council's data concerning the program and provide any other information requested by the Commissioner, consistent with the requirements of this section, provided such request does not require the disclosure of any proprietary information or trade or business secrets. Such audit shall be paid for by the council. The council shall maintain all records relating to the program for not less than three years.
(o) Upon implementation of the mattress stewardship program described in section 2 of this act, any covered entity that participates in such program shall not charge for the receipt of discarded mattresses that are discarded in this state provided covered entities may charge a fee for providing the service of collecting mattresses.
(p) Each producer and the council shall be immune from liability for any claim of a violation of antitrust law or unfair trade practice, if such conduct is a violation of antitrust law, to the extent such producer or council is exercising authority pursuant to the provisions of sections 1 to 6, inclusive, of this act.
(q) (1) The Commissioner may seek civil enforcement of the provisions of sections 2 and 3 of this act.
(2) Whenever, in the judgment of the Commissioner, any person has engaged in or is about to engage in any act, practice or omission that constitutes, or will constitute, a violation of any provision of section 2 or 3 of this act, the Attorney General may, at the request of the Commissioner, bring an action for an order enjoining such act, practice or omission. Such order may require any producer or renovator that violates the provisions of this Act to incur a civil penalty not to exceed $1,000 per day for each day of the violation and any retailer that violates the provisions of this Act incurs a civil penalty not to exceed $100 per day for each day of the violation. Upon a showing by the Commissioner that such person has engaged in or is about to engage in any such act, practice or omission, the court may issue a permanent or temporary injunction, restraining order or other order, as appropriate.
(3) Any action brought by the Attorney General pursuant to this section shall have
precedence in the order of trial.
(r) In the event that another state implements a mattress recycling program, the council may collaborate with such state to conserve efforts and resources used in carrying out the mattress stewardship program, provided such collaboration is consistent with the requirements of sections 1 to 6, inclusive, of this act.
(s) Nothing in this section shall prohibit the department from administering existing mattress recycling programs.
(t) The department shall establish an annual fee to be paid by the council that is reasonably calculated to cover the costs to the department to administer, implement and enforce this Act. The department shall provide notice to the council no later than June 1 of each year of the annual fee for the upcoming calendar year.
SECTION 3. Chapter 21H of the General Laws is hereby amended by inserting after Section 7 the following section:- “Section 9: Mattress Recycling Needs Assessment”
Section 9. Mattress Recycling Needs Assessment
(a) The department shall conduct a needs assessment, a copy of which is to be published on the department’s Internet website, and filed with the clerks of the house of representatives and the senate and the chairs of the joint committee on environment, natural resources and agriculture not later than October 5, 2023. This needs assessment and final report shall include:
(1) both a two-year and five-to-ten-year analysis of the state’s projected mattress recycling demand, volume, mattress recycling capacity, associated costs, resource and budgetary needs following the effective date of the updated regulations pursuant to 310 CMR 19.000, including: (A) a recommendation on the continuation of the state’s current role in mattress recycling and the possible expansion of its mattress recycling infrastructure, (B) an environmental impact analysis of the state’s current mattress recycling infrastructure, (C) recommendations and best practices for supporting municipalities with mattress collection, mattress transportation, and associated mattress recycling costs, (D) recommendations for continued social enterprise involvement with the statewide mattress recycling program, including a review of opportunities to increase additional community impacts through preferred partnerships with local non-profit social enterprises and organizations that recycle mattresses, and policy recommendations to reduce potential barriers to entry in the statewide mattress recycling program for social enterprise organizations, and (E) an analysis of the interests and concerns of various stakeholders, including, but not limited to (i) producers, (ii) online and out-of-state retailers, (iii) in-state retailers, (iv) municipalities, (v) commercial and non-profit social enterprise mattress recyclers, (vi) commercial waste haulers, (vii) institutions, (viii) the department, and (ix) consumers;
(2) both a two-year and five-to-ten-year analysis of (A) the future capacity of social enterprise engagement in the statewide mattress recycling program, (B) capacity to address recycling needs and coverage gaps across all regions in the commonwealth using a variety of strategies, including but not limited to commercial, non-profit or social enterprise vendors, regional or municipal mattress recycling services, retailer mattress take-back programs, producer responsibility programs, or waste hauler mattress collection services, and (C a determination of the necessity and feasibility of providing ongoing recycling-related logistical support for municipalities that host institutions of higher education with large off-campus student populations;
(3) policy recommendations for establishing proper end-of-use management standards for mattresses, including, but not limited to: (A) ensuring proper in-state disposal of discarded mattresses, including incentives to promote use of in-state mattress recycling infrastructure, (B) support for non-profit social enterprise mattress recycling entities, (C) monetary fines for improper or illegal disposal of mattresses, and (D) the feasibility of implementing a waste tracking system that ensures effective and legal end-of-use management of mattresses;
(4) policy recommendations for the continuation and improvement of a statewide mattress stewardship program; and
(5) recommendations for best practices to ensure broad and comprehensive public access to accurate online information about the availability of statewide mattress recycling options, access to such options, and proper mattress end-of-use management.
(b) As part of the needs assessment, the department shall solicit public input regarding end-of-use mattress recycling needs, gaps in departmental resource allocation and opportunities for increased programmatic support for municipalities with populations of less than 5,000 throughout the Commonwealth. Not later than March 5, 2025, the department shall (i) hold not less than 4 public hearings in geographically-diverse municipalities across the commonwealth, 2 of which shall be held in rural municipalities, to receive public testimony on the end-of-use mattress management needs of small and rural municipalities, and shall provide for remote participation; and (ii) solicit and accept written and electronic testimony submissions from the public. The department shall solicit public comment for at least 30 days and shall summarize the public input it receives in the needs assessment.
SECTION 4. Sections 1 and 2 of this act shall take effect upon its passage.
SECTION 5. Section 3 of this act shall take effect 180 days after its passage.
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Resolve for a climate change staffing study
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S514
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SD2111
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-20T09:35:35.923'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-20T09:35:35.9233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-07T14:33:17.96'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-05-11T12:14:58.5833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S514/DocumentHistoryActions
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Resolve
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By Mr. Kennedy, a petition (accompanied by resolve, Senate, No. 514) of Edward J. Kennedy and Jack Patrick Lewis that provisions be made for an investigation and study relative to climate change staffing. Environment and Natural Resources.
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Resolved, notwithstanding any general or special law to the contrary, the Office of Climate Innovation and Resilience, the Department of Environmental Protection, and representatives of the twelve Massachusetts regional planning agencies shall conduct a study to determine the appropriate staffing levels and resources necessary to carry out climate change response planning and strategy at the regional level. This study will have a particular focus on ensuring that resources for these efforts are made available for both rural and urban communities at appropriate levels.
The agencies shall file a report of their findings and recommendations with the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means, and the house and senate chairs of environment, natural resources, and agriculture, not later than March 31, 2024.
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An Act protecting public health and reducing health care costs
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S515
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SD972
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T10:26:00.377'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T10:26:00.3766667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T12:36:03.2433333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-10T11:07:46.5'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-23T10:42:57.59'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S515/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 515) of Jason M. Lewis, Patrick M. O'Connor, Joanne M. Comerford and Julian Cyr for legislation to protect public health and reduce health care costs. Environment and Natural Resources.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after Section 23, the following Section:-
Section 23A. (a) The department, in order to protect public health and contain health care costs in the Commonwealth, shall create an assessment tool to quantify the health impacts and costs of emissions associated with grid electricity and delivered fuels, and the benefits of energy conservation, energy efficiency and renewable energy in the Commonwealth.
(1) The assessment tool shall separately quantify health impacts and costs of emissions to environmental justice populations, the MassHealth program, community hospitals, the state budget and public health.
(2) In creating the assessment tool, the department shall draw upon relevant agency expertise and resources, including but not be limited to, the Center for Health Information and Analysis, the Executive Office of Health and Human Services and its MassHealth program, and the Division of Energy Resources.
(3) In the design and operation of its assessment tool the department shall build upon existing health impacts assessment tools and analyses, including but not be limited to the health and health cost impacts used in the US Environmental Protection Agency's Clean Power Plan, and Co-Benefits Risk Assessment, as well as Health Care Without Harm’s Healthcare Energy Impact Calculator.
(4)The assessment tool created by the department shall incorporate and analyze factors that have an impact on health, including but not be limited to, health impacts and costs due to particulate matter < 2.5 microns, sulfur oxides, nitrogen oxides, carbon, carbon dioxide, and mercury emissions from energy sources.
(5) The assessment tool created by the department shall generate a breakdown of how the analyzed factors will impact specific measures of health status, including but not be limited to, health impacts costs and savings from premature death, cardiovascular events or injury, chronic bronchitis, asthma, respiratory symptoms, hospital admissions, restricted activity days, lost school and work days, and developmental/neurological problems, or, as applicable, their avoided impacts and cost savings resulting from energy conservation, energy efficiency and renewable energy in the Commonwealth.
(b) The department shall update the tool every 3 years, or as needed, to maintain its accuracy. Beginning not later than 24 months after the effective date of this act, any new or revised policy, regulation, or program of the Commonwealth, or any ruling or adjudication by an agency of the Commonwealth that impacts polluting emissions, especially those for energy, buildings, transportation and waste, shall explicitly factor in the tool's output reflecting the action's health incidents, health costs or avoided impact's savings.
SECTION 2. Notwithstanding any general or special law to the contrary, not later than 12 months after the effective date of this act, the Department of Public Health shall submit the assessment tool, created pursuant to section 23A of chapter 111, and explanatory materials on its use to the Clerks of the Senate and the House, the Secretary of the Executive Office of Health and Human Services, and the Secretary of the Executive Office of Energy and Environmental Affairs.
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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': []}, {'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J16', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J16'}, 'Votes': []}]
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An Act governing the use of pesticides containing the herbicide substance glyphosate in the Commonwealth
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S516
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SD1006
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:32:57.47'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:32:57.47'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:02:54.6066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:10:55.5766667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T10:28:58.8933333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-07T11:34:44.13'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 516) of Jason M. Lewis, Michael O. Moore and Rebecca L. Rausch for legislation to govern 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 relative to the use of glyphosate on public lands
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S517
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SD1007
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:33:30.813'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:33:30.8133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-10T11:07:31.9066667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-14T14:16:05.21'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:02:04.02'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T14:56:52.7133333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T10:29:08.12'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-07T11:34:35.74'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S517/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 517) of Jason M. Lewis, Lindsay N. Sabadosa, Joanne M. Comerford and Michael O. Moore for legislation relative to the use of glyphosate on public lands. Environment and Natural Resources.
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SECTION 1. Section 2 of chapter 132B of the General Laws is hereby amended by adding the following definitions:-
“Glyphosate” or “glyphosate herbicides” includes all herbicides that contain glyphosate as one of the active ingredients and tank mixes of herbicides containing glyphosate as one of the active ingredients.”
“Public lands” for the purpose of this bill shall mean state parks, playgrounds, school buildings, highway medians owned and maintained by the Commonwealth, and buildings owned and operated by the State.
SECTION 2. Chapter 132B of the General Laws is hereby amended by adding the following section:-
Section 17. No person shall:
(1) Use any pesticide in a manner inconsistent with its label;
(2) Use, store, transport, or discard any pesticide or pesticide container in any manner which would have unreasonable adverse effects on the environment or public health;
(3) Use or apply restricted use pesticides unless the person is a certified pesticide applicator or under the direct supervision of a certified pesticide applicator with a valid certificate issued; provided that it shall be prohibited to use or apply a restricted use pesticide for structural pest control uses for a fee or trading of services, unless the user or applicator is a pest control operator or is employed by a pest control operator licensed under chapter 460J;
(4) Use or apply pesticides in any manner that has been suspended, canceled, or restricted;
(5) Falsify any record or report required to be made or maintained by rules adopted pursuant to this chapter;
(6) Fill with water, through a hose, pipe, or other similar transmission system, any tank, implement, apparatus, or equipment used to disperse pesticides, unless the tank, implement, apparatus, equipment, hose, pipe, or other similar transmission system is equipped with an air gap or a reduced-pressure principle backflow device;
(7) After December 31, 2023, no person shall apply any glyphosate herbicide, on any public lands owned or maintained by the Commonwealth without a:
(A) License issued by the State or any agency of the federal government to conduct glyphosate research; or
(B) Permit issued by the State to apply any glyphosate herbicide because:
(i) The situation poses an immediate threat to human health and the environment; and
(ii) There is no viable alternative to the use of the proposed glyphosate herbicide."
SECTION 3. The department of food and agriculture shall adopt regulations within 1 year after the effective date of this act.
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An Act to reduce solid waste, increase recycling and generate municipal cost savings
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S518
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SD1009
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:34:55.753'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:34:55.7533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S518/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 518) of Jason M. Lewis for legislation to reduce solid waste, increase recycling and generate municipal cost savings. 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 new section:-
Section 21A. (a) In conjunction with the statewide solid waste master plan, the department shall establish annual performance target goals for municipal solid waste reduction, based on total pounds of solid waste disposed per resident served per year. The department, in consultation with the solid waste advisory committee, shall consider the costs and benefits to a municipality in the setting of such goals.
(b) Each municipality shall make a written report to the department, no later than first day of September of each year, of the total weight of solid waste disposed during the prior fiscal year, as well as the approximate number of households and residents served by that municipality’s solid waste disposal program. Such report shall be made in a form and with the information, as prescribed by the department.
SECTION 2. All terms are defined as in 310 CMR 19.00 and in the Guidance for Solid Waste Handling and Disposal Facilities on Compliance with department of environmental protection’s waste bans.
SECTION 3. All solid waste management facilities must remove and divert from disposal all waste ban materials to the greatest extent possible. Failure to remove waste ban materials to the greatest extent possible shall result in enforcement action by department of environmental protection or an officer of the municipality in which the solid waste management facility in located.
SECTION 4. The department of environmental protection and the host municipality shall use the following action level thresholds in deciding to undertake enforcement:
A. All waste ban materials banned by 310 CMR 19.017 prior to January 1, 2013 are unacceptable in any quantity.
B. The action levels for all waste ban materials banned by 310 CMR 19.017 after January 1, 2013 shall be 10 per cent.
C. Once a waste ban material has been banned by 310 CMR 19.017 for 24 months it shall be unacceptable in any quantity.
SECTION 5. The department of environmental protection and the host municipality will conduct frequent load inspections to determine whether loads contain waste ban materials. If a load contains waste ban materials in excess of the allowable amounts, the hauler shall be fined $100. If the hauler has more than 5 fines in a calendar year, the hauler shall not be permitted to bring waste to that solid waste management facility for 1 calendar year.
SECTION 6. All fines shall be paid to the department of environmental protection if levied by a department of environmental protection officer, or to the Host Municipality if levied by an officer of the host municipality. The department of environmental protection and the host municipality shall use the fines to fund municipal and other recycling programs, composting programs, composting and recycling education programs and any and all other programs promoting zero waste principles at the state or municipal level, respectively. The department of environmental protection shall refer to the state’s fund as the “Zero Waste Fund,” and the department of environmental protection shall have the sole discretion as to how the Zero Waste Fund is spent.
SECTION 7. The department of environmental protection shall collect a $1.50 per ton surcharge on all waste disposed of at a solid waste disposal facility from the solid waste disposal facility operators. All surcharge monies shall also become part of the Zero Waste Fund and used to fund municipal and other recycling programs, composting programs, composting and recycling education programs and any and all other programs promoting zero waste principles.
SECTION 8. All entities that provide solid waste collection services in the commonwealth shall be subject to regulation by the department. In order to operate in the commonwealth, haulers shall register with the department, subject to an administrative fee as set by the department. All registered haulers shall document to the department the methods of their provision of comprehensive and convenient collection services to all their customers to recover and avoid disposal of the following materials at a minimum: recyclable paper; metal , glass and rigid plastic containers; and any other materials specified by the department which are banned from disposal pursuant to 310 CMR 19.017, and which are regularly generated by their service recipients.
SECTION 9. Collection of waste and recovered materials shall be provided to customers by haulers at a single rate, and in such a way as to encourage recovery and discourage the disposal of recoverable commodities, with conditions for exemptions to be determined by the department. Receptacles of the appropriate sizes for the various waste streams shall be provided, located in proximity to each other, and collected regularly. Except under extreme circumstances as determined by the department, recyclables shall not be brought to a disposal facility either in or outside the Commonwealth, but shall be delivered to a facility that will put the materials to their highest beneficial use. Documentation of this shall be provided to the department.
SECTION 10. Haulers shall annually provide each customer with instructions on the proper use of their comprehensive waste management service.
SECTION 11. The department shall have the authority and responsibility to enforce the provisions of 310 CMR 19.017 on generators and haulers as well as disposal facilities, and to make public all enforcement actions resulting in penalties.
SECTION 12. The measurement of solid waste as stipulated by the department of environmental protection shall be reported to said department by the waste and recycling processing facilities of the commonwealth, and by all haulers who transport material for disposal and recycling outside the commonwealth by February 1 of each year, covering the period from January 1 to December 31 of the preceding year. The department will issue a report each year available to the public which compiles solid waste management results in the aggregate by material from all waste haulers in the commonwealth.
The department shall promulgate rules and regulations stipulating the enforcement and appeals processes with regard to penalties for failure to comply with this act. Any surcharge levied by the department of environmental protection may be appealed to said department pursuant to the rules and regulations provided for in this section. The determination of said department with regard to an appeal may be appealed to superior court.
SECTION 13. Revenue from registration fees and enforcement penalties provided for in this act shall be credited to the Zero Waste Fund.
SECTION 14. Monies from the Zero Waste Fund may be used to provide low interest loans to haulers for equipment with which to implement the provisions of the regulations promulgated as a result of this Act. The commissioner shall cause to be filed with the chairs of the House and Senate committees on ways and means an annual report regarding the revenues, expenditures and loans provided from said expendable trust.
SECTION 15. The department of environmental protection shall make training available to all haulers with regard to the regulations pursuant to the collection and reporting of solid waste disposal and recovery information. In the event of intentional false or negligent reporting of solid waste information to said department by any hauler, the commissioner of the department of environmental protection shall be authorized to fine said hauler no more than $2,000 for each instance of false reporting .
SECTION 16. The department of environmental protection may promulgate rules and regulations to ensure the implementation of this Act, including, without limitation, rules and regulations that govern enforcement, grant programs funded by registration and penalty-related revenue, and the means of measuring solid waste and recovered material volumes.
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An Act relative to ivory and rhinoceros horn trafficking
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S519
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SD1010
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:36:34.18'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:36:34.18'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T09:58:47.5966667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-31T12:17:48.2'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:17:48.2'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-01T10:05:09.99'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T08:58:53.38'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T16:25:28.08'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-05-03T11:08:46.1766667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-07-12T15:30:49.7633333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-09-12T12:16:19.3'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S519/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 519) of Jason M. Lewis, Jack Patrick Lewis, Brian M. Ashe, Vanna Howard and other members of the General Court for legislation relative to ivory and rhonoceros horn trafficking. Environment and Natural Resources.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 131A the following chapter:-
CHAPTER 131B.
IVORY AND RHINOCEROS HORN TRAFFICKING
Section 1. (a) As used in this chapter, the following terms shall have the following meanings, unless the context requires otherwise:-
"Ivory", a tooth or tusk from any species of elephant, mammoth or mastodon, or a piece thereof, or an item or product containing a tooth or tusk from any of said species, or containing a piece thereof.
"Rhinoceros horn", the horn, or a piece thereof, or derivative such as powder, of any species of rhinoceros, or an item or product containing rhinoceros horn or a piece or derivative thereof.
"Total value”, the fair market value of the ivory or rhinoceros horn, or the actual price paid for the ivory or rhinoceros horn, whichever is greater.
“Bona fide educational or scientific institution”, an institution that establishes through documentation an educational or a scientific tax exemption, from the federal Internal Revenue Service or the institution’s national or state tax authority.
“Sale” or “sell”, selling, trading, bartering or offering for sale, trade or barter for monetary or nonmonetary consideration, including, but not limited to any transfer of ownership that occurs in the course of a commercial transaction.
Section 2. (a) Notwithstanding any general or special law to the contrary and in addition to the prohibitions and penalties established under sections 1 to 7, inclusive, of chapter 131A, no person shall sell, purchase or possess with intent to sell, any ivory or rhinoceros horn, except as provided in this section.
(b) It shall be prima facia evidence of possession with intent to sell when a person possesses ivory or rhinoceros horn in a retail or wholesale outlet; provided, however, that nothing in this subsection shall preclude a finding of intent to sell based on any other evidence which may independently establish such intent.
(c) Subsection (a) shall not apply to:
(i) an employee or agent of the federal or state government undertaking a law enforcement activity pursuant to federal or state law or a mandatory duty required by federal law;
(ii) an activity that is authorized by an exemption or permit under federal law or that is otherwise expressly authorized under federal law;
(iii) ivory or rhinoceros horn that is a fixed component of a musical instrument, including, but not limited to, a string or wind instrument or piano; provided, however, that the ivory or rhinoceros horn was legally acquired; and provided further, that the total weight of the ivory or rhinoceros horn is less than 200 grams;
(iv) ivory or rhinoceros horn for which the seller can provide historical documentation that the item meets the federal criteria for exemption for antique articles under 16 U.S.C. 1539 (h), as further clarified by the United States Fish and Wildlife Service Director’s Order 210 Appendix 1;
(v) manufactured or handcrafted items that contain a de minimis amount of ivory, provided, that the seller can demonstrate compliance with all of the following criteria:
(1) the ivory was imported into the United States prior to January 18, 1990, or was imported into the United States under a Convention on International Trade in Endangered Species of Wild Fauna and Flora pre-Convention certificate with no limitation on its commercial use;
(2) the ivory is a fixed or integral component of a larger manufactured or handcrafted item and is not in its current form the primary source of the value of the item; provided, however, that the ivory does not account for more than 50 percent of the value of the item;
(3) the ivory is not raw;
(4) the manufactured or handcrafted item is not made wholly or primarily of ivory; provided, however, that the ivory does not account for more than 50 percent of the item volume;
(5) the total weight of the ivory component or components is less than 200 grams; and
(6) the item was manufactured or handcrafted before July 6, 2016;
(vi) the import, purchase, sale or possession with intent to sell ivory or rhinoceros horn to a bona fide educational or scientific institution for educational or scientific purposes; provided, however, that: (1) the import, purchase, sale or possession with intent to sell the ivory or rhinoceros horn is not prohibited by federal law; and (2) the ivory or rhinoceros horn was legally acquired before January 1, 1991, and was not subsequently transferred from one person to another for financial gain or profit after July 1, 2020;
(vii) the non-commercial transfer of ownership of ivory or rhinoceros horn that is part of an estate or other items being conveyed to a lawful beneficiary of an estate, trust or other inheritance upon the death of an owner; or
(viii) a person who donates ivory or rhinoceros horn to a bona fide educational or scientific institution for educational or scientific purposes.
Section 3. (a) Violations of this chapter shall be punished:
(i) for a first offense, by a fine of not more than $4,000 or 2 times the total value of the ivory and rhinoceros horn involved in the offense, whichever is greater, or imprisonment up to 6 months in a house of correction, or both;
(ii) for a second offense, by a fine of not less than $8,000 or 2 times the total value of the ivory and rhinoceros horn involved in the offense, whichever is greater, or by imprisonment for up to 18 months in a house of correction, or both; or
(iii) for a third or subsequent offense or for an offense where the total value of the ivory or rhinoceros horn involved in the offense is not less than $25,000, by imprisonment for up to two and a half years in a house of correction and a fine of not less than $40,000 or 2 times the total value of the ivory and rhinoceros horn involved in the offense, whichever is greater.
Fines assessed pursuant to this section shall be deposited in the Elephant Ivory and Rhino Horn Trafficking Enforcement Fund under section 4.
(b) Upon a conviction for violation of this chapter, the court shall order the seizure of all ivory and rhinoceros horn involved in the violation and shall transfer the products to the department of fish and game for proper disposition. The department, at its discretion, may destroy the ivory and rhinoceros horn or donate it to an educational or scientific institution or organization.
Section 4. (a) There shall be an Elephant Ivory and Rhinoceros Horn Trafficking Enforcement Fund. The director of law enforcement shall administer the fund to increase or expand enforcement and educational efforts related to the provisions of this chapter which may include financial rewards offered to a person providing information leading to the arrest and conviction of a person found to be in violation of this chapter. The office of law enforcement may use the fund for necessary and reasonable administrative and personnel costs related to the specific purposes of the fund. The office of law enforcement shall not use the fund for personnel or overhead costs not related to the purposes of the fund. The fund shall not be assessed any indirect costs.
(b) There shall be credited to the fund: (i) all revenues received under section 3; (ii) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (iii) funds from public or private sources including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund.
The fund may be expended by the director of law enforcement without further appropriation and any funds remaining at the end of a fiscal year shall not revert to the General Fund and shall be available for use in subsequent fiscal years. The director shall report annually, not later than October 1, on the fund's activity to the senate and house chairs of the joint committee on environment, natural resources and agriculture and the house and senate committees on ways and means. The report shall include, but not be limited to, an accounting of: (i) revenue received by the fund; (ii) expenditures from the fund, including the recipient, date and reason for the expenditure; and (iii) the total fund balance.
SECTION 2. This act shall take effect 1 year from the date of passage.
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An Act to create Cannabis career pathways for justice-involved individuals
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S52
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SD1956
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T11:04:14.237'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T11:04:14.2366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S52/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 52) of Patricia D. Jehlen for legislation to create Cannabis career pathways for justice-involved individuals. Cannabis Policy.
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SECTION 1. (a) The cannabis control commission, in consultation with the cannabis advisory board, the cannabis social equity advisory board, the department of correction, the Massachusetts sheriffs association, the office of probation, the university of Massachusetts, the executive office of housing and economic development, and the executive office of labor and workforce development shall: (i) conduct a study on programs and partnerships to encourage the employment of justice-involved individuals in the cannabis industry, including training and educational programs conducted within houses of correction, jails and prisons, as a part of probation or parole, and after release, and report the findings of that study no later than Dec. 31, 2024; and (ii) develop a pilot program to create career pathways in the cannabis industry for incarcerated individuals, individuals on probation and parole, and formerly justice-involved individuals no later than Dec. 31, 2025.
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Resolve to protect pollinator habitat
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S520
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SD1320
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T18:05:32.863'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T18:05:32.8633333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-31T12:18:04.2566667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-07T10:22:44.8433333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-10T11:07:53.6933333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-13T09:57:50.6866667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T16:00:15.3966667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-17T10:47:32.46'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T16:49:24.44'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-23T10:42:20.58'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T08:59:24.9266667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-20T13:31:25.2933333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-20T13:31:25.2933333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-04-13T10:29:49.8533333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-05-03T11:08:37.2433333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-10-17T13:59:01.15'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-10-17T13:59:01.15'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S520/DocumentHistoryActions
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Resolve
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By Mr. Lewis, a petition (accompanied by resolve, Senate, No. 520) of Jason M. Lewis, John Barrett, III, Jacob R. Oliveira, Thomas M. Stanley and other members of the General Court that provisions be made for an investigation and study by a special commission (including members of the General Court) to establish a protected pollinator habitat. Environment and Natural Resources.
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Resolved, (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 September 1, 2023.
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 the pesticide board
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S521
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SD1340
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:54:32.08'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:54:32.08'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-26T09:58:53.52'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:18:28.18'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-01T10:05:01.9033333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T10:23:12.69'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-13T09:59:17.34'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T10:47:04.3666667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T16:36:54.63'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-28T11:12:27.0366667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T08:59:04.3333333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-10-17T13:59:38.7933333'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 521) of Jason M. Lewis, Mindy Domb, Vanna Howard, Angelo J. Puppolo, Jr. and other members of the General Court for legislation relative to the pesticide board. Environment and Natural Resources.
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SECTION 1. (a) There shall be established a task force to be known as the pesticide control modernization and environmental protection task force. The task force shall study the commonwealth’s statutes, regulations, and practices governing pesticide control in the commonwealth and make recommendations on the items detailed in subsection (b) of this act.
The task force shall consist of the following members or their designee: the secretary of energy and environmental affairs, who shall serve as chair; the commissioner of agricultural resources; the commissioner of conservation and recreation; the commissioner of environmental protection; and the commissioner of public health. The task force shall also include 20 additional members appointed by the chairs of the joint committee on environment, natural resources and agriculture: 1 of whom shall be an academic expert in environmental or health impacts of pesticides; 1 of whom shall be an ecological risk assessor with a background in ecotoxicology; 1 of whom shall be a licensed pesticide applicator with expertise in integrated pest management practices; 1 of whom shall be a representative of a statewide land conservation organization; 1 of whom shall be a representative of a regional or statewide river protection organization; 1 of whom shall be a representative of a statewide wildlife protection organization; 1 of whom shall be a representative of a statewide organization representing farms and agriculture; 1 of whom shall be a representative of a statewide organization representing organic farms and agriculture; 1 of whom shall be a representative of a statewide organization representing beekeepers or groups concerned about pollinators; 1 of whom shall be a representative of a statewide lawn care organization; 1 of whom shall be a representative of a statewide nursery and landscape organization; 1 of whom shall be a representative of a statewide consumer protection organization; 1 of whom shall be a veterinarian or academic with expertise in pesticide impacts on animals; 1 of whom shall be a representative of a statewide horticultural or grower association; 1 of whom shall be a representative of pesticide manufacturers or distributors; 1 of whom shall be a representative of a statewide organization representing cranberry growers; 1 of whom shall be a representative of a statewide organization of retailers; 1 of whom shall be a member of a town natural resources commission or equivalent; 1 of whom shall be a representative of a research institution affiliated with a public university located in the commonwealth with expertise in integrated pest management practices or organic or regenerative agriculture; and 1 of whom shall be a member of a city natural resources commission or equivalent.
(b) The task force shall review and make recommendations to improve the ability of the commonwealth to prevent and mitigate adverse impacts of pesticide use on the environment and public health. The issues examined by the task force shall include, but not be limited to: (i) the title, structure, membership, and operation of the pesticide board and the pesticide board subcommittee currently within the department of agricultural resources; (ii) the ability of the pesticide board and pesticide board subcommittee to effectively interact with other state agencies, stakeholders, and the public; (iii) the commonwealth’s relationship with federal pesticide regulators and ability to implement federal pesticide regulations on the state level in a manner consistent with pesticide use reduction goals; (iv) the effectiveness of chapter 132B of the general laws and other state and federal statutes in reducing harmful impacts of pesticide use; (v) the ability of the pesticide board and the pesticide board subcommittee to quickly and effectively implement science-based regulation of pesticides and pesticide products; (vi) the effectiveness of the commonwealth’s licensing and continuing education process for pesticide users in promoting responsible, limited use of pesticides and reducing adverse impacts of pesticide use; (vii) the implementation of section 5A of said chapter 132B as it pertains to pesticide use reduction and annual reporting requirements; (viii) the impacts of current pesticide use practices on watersheds and other vulnerable natural resources and on environmental justice populations; (ix) opportunities to expand integrated pest management planning and practices to additional public lands; (x) opportunities to implement organic landcare practices on public lands; (xi) the accessibility, utility and transparency of the commonwealth’s pesticide use reporting system; and (xii) public awareness and education regarding pesticide use and its environmental and health impacts.
(c) The task force shall issue a report detailing its findings and recommendations, which shall include, but not be limited to, detailed investigation of the issue areas detailed in subsection (b) and a broad assessment of the operational effectiveness of the pesticide board and pesticide board subcommittee. The report shall include a recommendation of the appropriate location within state government to locate the board and the subcommittee, the appropriate titles for the board and the subcommittee respectively, in order to clearly communicate the roles of each body, and may include recommendations of additional oversight and accountability measures necessary for the board and the subcommittee to effectively meet the statutory goals of safe and responsible pesticide use established in chapter 132B.
(d) All meetings of the task force shall be open to the public. The task force shall hold at least 1 public listening session with a remote participation option. The task force shall convene its first meeting no later than September 1, 2023.
(e) The task force shall file its findings, recommendations and accompanying legislation, if any, with the clerks of the house of representatives and the senate, the joint committee on ways and means and the joint committee on environment, natural resources and agriculture not later than March 31, 2024.
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An Act to consider adoption of aspects of the German Green Dot Waste Reduction Standards
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S522
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SD1840
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T10:04:14.843'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T10:04:14.8433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S522/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 522) of Vincent Lawrence Dixon for legislation to consider adoption of aspects of the German Green Dot Waste Reduction Standards. Environment and Natural Resources.
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SECTION I – LEGISLATIVE PURPOSE
The Massachusetts General Laws are hereby amended by inserting the following new chapter:
An Act to Consider Adoption of Aspects of the German Green Dot Program Waste Reduction Standards.
PURPOSE – It is significant to the general, and specific, public health of the residents, businesses, and other enterprises that live, and operate in The Commonwealth of Massachusetts, that there are various problems arising from, the creation of various forms of waste, and distinct constraints on the disposal of waste, and trash of various kinds. This is especially true in congested, urban areas, but also has known, and unknown, effects on the general environment, whether watersheds, air, wetlands, useful lands of all kinds, and oceans. In recent years, this situation has become more severe, and these are a series of problems that can be addressed in various ways.
SECTION II – ANALYSIS
1.) In dealing with various forms of waste processing, demand side reduction can, and must be, an important part of overall waste management policies.
2.) What is known as the “German Green Dot Program” was established in the 1990s in the Federal Republic of Germany, and has contributed in significant ways to improvement of waste management processes. While recycling is valuable, the reduction of packaging waste, by improved packaging design, and direct conceptual design elements, by manufacturers, and delivery services, can be effective, as part of a broader set of policies.
3.) The provisions of this statute, are adopted, for the purposes of consistency, of manufacturing, retail, and other commercial activities, and transactions, across the Commonwealth. They recognize that while local ordinances have value, that there should be a degree of consistency, actions, and improved recommendations, therefore, for environmentally friendly policies, across the entire Commonwealth.
SECTION III – ESTABLISHMENT OF A MASSACHUSETTS CLIMATE ACTION ADVISORY COUNCIL (MCAAC)
4a.) By this statute, a Massachusetts Climate Action Advisory Council (MCAAC) is established, to be made up of 21 members, drawn from a suitable cross-section of Massachusetts residents, environmentally concerned active organizations, scientific experts, and others to consider these standards, and other similar, and appropriate matters. This body shall also liaison, and intersect, with local municipal, and regional climate action advisory groups.
4b.) The Massachusetts Climate Advisory Council (MCAAC) shall operate under the Department of Conservation Services (DCS); and shall draw membership, from the following segments: Three (3) scientific experts in waste management, and packaging reduction engineering; three (3) scientific experts in waste management, and disposal; three (3) members drawn from environmental education and advocacy groups; three (3) members of the House of Representatives; three (3) members of the State Senate; three (3) members from the business sector; and three (3) members from the field of education.
SECTION IV – ADDITIONAL COOPERATIVE AUTHORITIES
Various provisions of this statute, and additional proposed regulations, may be utilized, at the discretion of local legislative, and/or executive authorities.
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An Act to further research and report analysis of athletic performance surfaces their safety and recommendations
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S523
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SD1959
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T11:09:42.073'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T11:09:42.09'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S523/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 523) of Vincent Lawrence Dixon for legislation to further research and report analysis of athletic performance surfaces their safety and recommendations. Environment and Natural Resources.
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SECTION I. – The Massachusetts General Laws are hereby amended by inserting the following new chapter:
Comprehensive Study of Athletic Performance Surfaces –
Including Artificial Grass – & Turf Surfaces Act
An Act to Further Research And Report Analysis of Athletic Performance Surfaces
Their Safety – And Recommendations
SECTION II. – PURPOSE
There shall be established a: Comprehensive Athletic Surface Performance Commission (CASPC). Significant Public Health concerns, have grown regarding the use of artificial grass, and various artificial turf surfaces, in schools, athletic facilities, parks, and other locations across The Commonwealth of Massachusetts, and cautionary information, suggests that such use should be limited, and/or ceased. Important analysis, and research on this set of issues, is needed, before further potentially negligent, and wasteful public expenditure, is carried out.
This Special Commission, shall conduct comprehensive research relating to studying athletic performance surfaces – including artificial grass – and turf surfaces; and shall provide a detailed, factual analysis of all such surfaces, their costs, their public health effects, and their long-term values.
SECTION III. – MEMBERSHIP
This Special Commission, shall consist of eleven (11) members, who shall include: Three (3) members, including at least one (1) researcher, designated by the PFAS Lab, at the Social Science Health Research Institute at Northeastern University; one (1) representative of the Secretary of the Executive Office of Energy and Environmental Affairs; one (1) representative of outdoor high school sports coaches; one (1) representative of outdoor college sports coaches; one (1) sports medicine medical doctor professional; one (1) representative of an established environmental organization; and three (3) members of the general public, at least one (1) of whom will be a parent of an outdoor sport student.
Once the Special Commission is appointed, and convened, they shall select one (1) member, as Chair. They shall conduct such inquiry as further described, and produce a report, no more than 24 months after beginning operations.
SECTION IV. – ADMINISTRATIVE LOCATIONS – AND OPERATIONS
The Secretary of the Executive Office of Energy and Environmental Affairs, shall designate, a representative designee, to be a member of the Special Commission; as noted above, and provide such resources, experts, and facilitation, as needed.
The Commission, shall conduct a series of hearings, across The Commonwealth of Massachusetts, inviting a wide range of public comment, and asking detailed scientific, and medical questions, and information.
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An Act to consider the safety of artificial grass and turf surfaces
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S524
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SD1961
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T11:11:37'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T11:11:37.0133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S524/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 524) of Vincent Lawrence Dixon for legislation to consider the safety of artificial grass and turf surfaces. Environment and Natural Resources.
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SECTION I. – The Massachusetts General Laws are hereby amended by inserting the
following new chapter:
The Artificial Grass – & – Turf Surfaces – Installation Moratorium Act
An Act to Consider the safety of artificial grass and turf surfaces.
SECTION II. – EMERGENCY PREAMBLE
Considering the apparent appearance of a Public Emergency, in The Commonwealth of Massachusetts, caused by the installation of artificial grass, and various artificial surfaces, on outdoor surfaces, including athletic sports fields, and parks; which may have caused, and may be continuing to cause, serious environmental contamination by PFAS chemical materials; and/or the covering over of ground soil, and water contamination; it is declared that this legislation is that of an Emergency Nature. Upon its adoption, it shall be implemented immediately by the Governor, The Department of Public Health (DPH), and all other appropriate agencies, by appropriate immediate Declaration.
SECTION III. – PURPOSE – AND REQUIREMENTS
This legislation, shall require a Moratorium, of at least 36 months, from the date of its passage; preventing the installation of any artificial grass, and/or similar artificial turf materials, including in particular, on outdoor athletic fields, and parks. During this period of time, the Executive Office of Energy and Environmental Affairs (EEA) shall conduct a needed evaluation, drawing on expert opinion, including those from the PFAS Lab of Northeastern University.
If a Comprehensive Athletic Surface Performance Commission (CASPC) is established by legislation; or lacking legislation, a similar body, shall be established by the Secretary of EEA, such analysis, shall be publicly reported; prior to the lifting of such 36 month Moratorium; and not before the 36 month period, has elapsed.
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An Act to reduce single-use plastics from the environment
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S525
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SD2116
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T13:39:38.29'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T13:39:38.29'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-30T11:16:28.8333333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-06T08:53:50.56'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-13T16:08:51.47'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-20T13:31:48.7733333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-03T15:13:17.6'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-07T11:32:36.89'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-09-12T12:16:31.2033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S525/DocumentHistoryActions
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 525) of Jason M. Lewis, Michael J. Barrett and Joanne M. Comerford for legislation to reduce single-use plastics from the environment. Environment and Natural Resources.
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SECTION 1. Prevent Plastic Grocery Bags from Entering the Environment
Title II of the General Laws is hereby amended by inserting after chapter 21O the following chapter:
CHAPTER 21P: PLASTIC BAG REDUCTION
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Postconsumer recycled material”, a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer recycled material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.
“Recycled paper bag”, a paper bag that is (i) 100 per cent recyclable; (ii) contains a minimum of 40 per cent postconsumer recycled materials, provided, however, that an 8 pound or smaller recycled paper bag shall contain a minimum of 20 per cent postconsumer recycled material; and (iii) displays the words "Recyclable" and "made from 40% post-consumer recycled content" or other applicable amount in a visible manner on the outside of the bag.
“Reusable grocery bag”, a sewn bag with stitched handles that is (i) specifically designed and manufactured for at least 175 uses; (ii) can carry 25 pounds over a distance of 300 feet; and (iii) is made of cloth or other machine-washable fabric other than polyethylene or polyvinyl chloride.
“Single-use carryout bag”, a bag made of plastic, paper, or other material that is provided by a Retail establishment to a customer at the point of sale and that is not a recycled paper bag or a reusable grocery bag. A single-use carryout bag does not include the following: (i) a paper bag provided by a pharmacy to a customer purchasing a prescription medication; (ii) a non-handled bag used to protect items from damaging or contaminating other purchased items placed in a recycled paper bag, a reusable grocery bag; (iii) a bag provided to contain an unwrapped food item; or (iv) a non-handled bag that is designed to be placed over articles of clothing on a hanger.
“Retail establishment”, a store or premises in which a person is engaged in the retail business of selling or providing merchandise, goods, groceries, prepared take-out food and beverages for consumption off-premises or the servicing of an item, directly to customers at such store or premises, including, but not limited to, grocery stores, department stores, pharmacies, convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including farmers markets and public markets; provided, however, that a “retail establishment” shall also include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable roadside stand used by a person from which to engage in such business directly with customers and business establishments without a storefront, including, but not limited to, a business delivering prepared foods or other food items, web-based or catalog business or delivery services used by a retail establishment; provided further, that a “retail establishment” shall include a non-profit organization, charity or religious institution that has a retail establishment and holds itself out to the public as engaging in retail activities that are characteristic of similar type retail businesses, whether or not for profit when engaging in such activity.
Section 2. (a) Eighteen months after the enactment of this law, a Retail establishment may only make available for purchase at the point of sale a reusable grocery bag.
(b) For up to 180 days from the date of enactment, a Retail establishment may make available for purchase at the point of sale a single-use carryout bag, reusable grocery bag, or recycled paper bag.
(c) 180 days after the enactment of this law, a Retail establishment may make available for purchase a recycled paper bag, for a charge of $0.10. This shall end eighteen months after the enactment of this law.
(d) 180 days after the enactment of this law, a Retail establishment may make available for purchase a reusable grocery bag, for a charge of no less than $0.10.
(e) All moneys collected pursuant to this section shall be retained by the Retail establishment.
(f) The department of environmental protection shall promulgate regulations with regard to the enforcement of this chapter. The department of environmental protection shall establish a small business exemption process by which a Retail establishment may elect to be exempt from the provisions of subsections (b) through (d) of this section. A Retail establishment electing for said exemption must provide to the department a self-audit attesting that they meet the following criteria:
(i) the owner of the Retail establishment has 3 or fewer store locations under the same ownership; and
(ii) each Retail establishment has less than 4,000 square feet of retail selling space; and
(iii) each Retail establishment has 15 or fewer employees employed at the store location; and either
(iv) the Retail establishment is not a food establishment as defined by 105 CMR 590.001(C); or
(v) the Retail establishment provided to consumers at the point of sale less than 15,000 carry-out bags or checkout bags in total during the previous calendar year.
Section 3. Any municipality with an existing ordinance, rule, regulation, or by-law banning or regulating single-use carryout bags, recycled paper bags, or reusable grocery bags in the commonwealth shall be null and void 180 days after the enactment of this law. The exclusive authority in regulating the labeling, distribution, sale, storage, transportation, use, and disposal of single-use carryout bags, recycled paper bags, and reusable grocery bags in the commonwealth shall be determined by this chapter.
SECTION 2. Reduce Polystyrene in the Environment
The General Laws are hereby amended by inserting after chapter 21P the following chapter:
Chapter 21Q.
Section 1. Definitions. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Disposable Food Service Ware” shall mean single-use or disposable products for heating, storing, packaging, serving, consuming, or transporting prepared or ready-to-consume food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or lidded containers, spoons, forks and knives. This includes any containers used by food establishments to heat, cook, or store food or beverages prior to serving, regardless of whether such containers are used to serve such food or beverages. Disposable Food Service Ware also includes any such implements sold by Retail Establishments to consumers for personal use.
“Foam Polystyrene” shall mean polystyrene in the form of a foam or expanded material, processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).
“Food Establishment” shall mean any operation that serves, vends or otherwise provides food or other products to third-parties for consumption and/or use on or off the premises, whether or not a fee is charged, but not including the service of food within a home or other private setting. Any facility requiring a food permit in accordance with the Massachusetts State Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be considered a “food establishment” for purposes of this bylaw.
“Health Agent” shall mean the Health Agent for the city or town of the facility, or his/her designee.
“Packing Material” shall mean material used to hold, cushion, or protect items packed in a container for shipping transport or storage.
“Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively “prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or raw, butchered meats, fish, seafood, and/or poultry.
“Polystyrene” shall mean a synthetic polymer produced by polymerization of styrene monomer. Polystyrene includes both “Foam Polystyrene” and “Solid Polystyrene” as defined in this Bylaw. The International Resin Identification Code assigned to polystyrene materials is “6”. Polystyrene items may be identified by a "6" or "PS," either alone or in combination with other letters. The regulations and prohibitions relating to polystyrene in this law are intended to apply regardless of the presence or absence of an International Resin Identification Code or other identifying marks on the item.
“Retail Establishment” shall mean a store or premises engaged in the retail business of selling or providing merchandise, goods, groceries, prepared take-out food and beverages for consumption off-premises or the serving of an item directly to customers at such store or premises, including, but not limited to, grocery stores, department stores, pharmacies, convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including farmers markets and public markets; provided, however, that a “retail establishment” shall also include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable roadside stand used by a person from which to engage in such business directly with customers and business establishments without a storefront, including, but not limited to, a business delivering prepared foods or other food items, web-based or catalog business or delivery services used by a retail establishment; provided further, that a “retail establishment” shall include a non-profit organization, charity or religious institution that has a retail establishment and holds itself out to the public as engaging in retail activities that are characteristic of similar type commercial retail businesses, whether or not for profit when engaging in such activity.
“Solid Polystyrene” shall mean polystyrene, including clear (oriented) polystyrene, produced in a rigid form with minimal incorporation of air or other gas. Solid polystyrene is also referred to as ‘rigid polystyrene’.
Section 2. Regulated Conduct
a. One year after passage of this Act, no Food Establishment in the Commonwealth of Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware made from foam polystyrene or solid polystyrene.
b. One year after passage of this Act, no Retail Establishment in the Commonwealth of Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware made from foam polystyrene or solid polystyrene 2. meat trays, fish trays, seafood trays, vegetable trays, or egg cartons made in whole or in any part with foam polystyrene or solid polystyrene 3. distributing packing materials, including packing peanuts and shipping boxes made in whole or in any part with foam polystyrene that is not wholly encapsulated within a more durable material. 4. coolers, ice chests, or similar containers; pool or beach toys; and dock floats, mooring buoys, or anchor or navigation markers, which are made in whole or in any part with foam polystyrene that is not wholly encapsulated within a more durable material.
c. For the purposes of Section 2(b)(3), ‘distributing packing material’ does not include: 1. Re-using packing materials for shipping, transport, or storage within the same distribution system, where the packing materials are not sent to a customer or end user. 2. Receiving shipments within the Commonwealth that include polystyrene foam used as a packing material, provided that the goods were not packaged or repackaged within the Commonwealth of Massachusetts.
Section 3. Exemption
a) Nothing in this chapter shall prohibit individuals from using disposable food service ware or other items made of polystyrene purchased outside the Commonwealth of Massachusetts for personal use. b) Prepared food packaged outside the Commonwealth of Massachusetts is exempt from the provisions of this chapter, provided that it is sold or otherwise provided to the consumer in the same disposable food service ware in which it was originally packaged, and that the prepared food has not been altered or repackaged. c) The Commonwealth of Massachusetts Department of Environmental Protection or the Board of Health of the city or town in which the food or retail establishment is located may exempt a food establishment or retail establishment from any provision of this chapter for a period of up to six months upon written application by the owner or operator of that establishment. No exemption will be granted unless the Department of Environmental Protection or the Board of Health finds that (1) strict enforcement of the provision for which the exemption is sought would cause undue hardship; or (2) the food establishment or retail establishment requires additional time in order to draw down an existing inventory of a specific item regulated by this chapter. For purposes of this chapter, “undue hardship” shall mean a situation unique to a food establishment or retail establishment in which there are no reasonable alternatives to the use of materials prohibited by this chapter, and that compliance with this chapter would create significant economic hardship for the Establishment.
Section 4. Enforcement
Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also have the authority to enforce this chapter. This chapter may be enforced through any lawful means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L. c. 40 § 21D and Article VI of the General Bylaws. The town or city may enforce this chapter or enjoin violations thereof through any lawful process or combination of processes, and the election of one remedy by the town or city shall not preclude enforcement through any other lawful means.
Violations of this chapter are punishable by a fine of up to $300 per violation. Each successive day of noncompliance will count as a separate violation.
If non-criminal disposition is elected, then any Food or Retail Establishment that violates any provision of this chapter shall be subject to the following penalties: (i) first offense: written warning;(ii) second offense: $50 penalty, and (iii) third and each subsequent offense: $300 penalty
Section 5. Regulations
The Board of Health may adopt and amend rules and regulations to effectuate the purposes of this chapter.
Section 6. Interaction with Other Laws
In the case of a conflict between the requirements of this chapter and any other federal, state or local law concerning the materials regulated herein, the more stringent requirements shall apply.
Section 7. Severability
If any provision of this chapter is declared invalid or unenforceable the other provisions shall not be affected thereby.
SECTION 3. Reduce Plastic Straws in the Environment
The General Laws are hereby amended by inserting after chapter 21Q the following chapter:
Chapter 21R.
Section 1. Definitions. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Disability” shall mean a physical, intellectual, or sensory impairment that substantially limits one or more major life activities.
“Disposable plastic straw, stirrer, or splash stick” shall mean a drinking straw, stirrer, or splash stick made predominantly from synthetic polymers and that is not a reusable straw, stirrer, or splash stick. A disposable plastic straw, stirrer, or splash stick shall also include items made in whole or in part from synthetic polymers that are otherwise classified as ‘compostable’, ‘biodegradable’, ‘oxodegradable’, or ‘marine degradable’.
“Food Establishment” shall mean any operation that serves, vends or otherwise provides food or other products to third-parties for consumption and/or use on or off the premises, whether or not a fee is charged, but not including the service of food within a home or other private setting. Any facility requiring a food permit in accordance with the Massachusetts State Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be considered a “food establishment” for purposes of this bylaw.
“Health Agent” shall mean the Health Agent for the city or town of the facility or his/her designee.
“Medical Condition” shall mean any illness, disease, or injury that requires medical treatment.
“Reusable straw, stirrer, or splash stick” shall mean a drinking straw, stirrer, or splash stick that is manufactured from durable materials, and is designed to be adequately and repeatedly cleaned and sanitized for reuse.
“Retail Establishment” shall mean a store or premises engaged in the retail business of selling or providing merchandise, goods, groceries, prepared take-out food and beverages for consumption off-premises or the serving of an item, directly to customers at such store or premises, including, but not limited to, grocery stores, department stores, clothing stores, pharmacies, convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including farmers markets and public markets; provided, however, that a “retail establishment” shall also include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable roadside stand used by a person from which to engage in such business directly with customers and business establishments without a storefront, including, but not limited to, a business delivering prepared foods or other food items, web-based or catalog business or delivery services used by a retail establishment; provided further, that a “retail establishment” shall include a non-profit organization, charity or religious institution that has a retail establishment and holds itself out to the public as engaging in retail activities that are characteristic of similar type commercial retail businesses, whether or not for profit when engaging in such activity.
Section 2. Regulated Conduct
a. One year after passage of this Act, no food establishment in the Commonwealth of Massachusetts may provide a disposable plastic straw, stirrer, or splash stick, as such term is defined in this chapter, to a customer.
b. One year after passage of this Act, no food establishment in the Commonwealth of Massachusetts may provide a disposable straw, stirrer, or splash stick that is not a reusable straw, stirrer, or splash stick to a customer, except upon that customer’s specific request for such items or if the item is selected by a customer from a self-service dispenser.
c. One year after passage of this Act, retail establishments in the Commonwealth of Massachusetts are prohibited from selling or distributing disposable plastic straws, stirrers, or splash sticks to customers unless equivalent non-plastic or reusable straws, stirrers, or splash sticks are available for sale and are clearly labeled such that any customer can easily distinguish among the disposable plastic, disposable non-plastic, and reusable items.
Section 3. Exemptions
a. Nothing in this bylaw shall prohibit individuals from bringing and using their own personal straws, stirrers, or splash sticks of any type for personal use in a food establishment. b. Food establishments may provide a disposable plastic straw, stirrer, or splash stick, upon request, to a person in need due to a disability or medical condition. c. The Department of Environmental Protections or the Board of Health or health agent of the city or town in which the establishment is located may exempt a food establishment or retail establishment from any provision of this chapter for a period of up to six months upon written application by the owner or operator of that establishment. No exemption will be granted unless the Department or the Board of Health or health agent finds that the establishment requires additional time in order to draw down an existing inventory of a specific item regulated by this chapter.
Section 4. Enforcement
Health Agents shall have the authority to enforce this bylaw. This bylaw may be enforced through any lawful means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L. c. 40 § 21D and Article VI of the General Bylaws. The city or town may enforce this chapter or enjoin violations thereof through any lawful process or combination of processes, and the election of one remedy by the city or town shall not preclude enforcement through any other lawful means.
Violations of this bylaw are punishable by a fine of up to $300 per violation. Each successive day of noncompliance will count as a separate violation.
If non-criminal disposition is elected, then any Food Establishment or Retail Establishment that violates any provision of this bylaw shall be subject to the following penalties: (i) first offense: written warning, (ii) second offense: $50 penalty, and (iii) third and each subsequent offense: $300 penalty.
Section 5. Regulations
The Board of Health may adopt and amend rules and regulations to effectuate the purposes of this chapter.
Section 6. Interaction with Other Laws
In the case of a conflict between the requirements of this chapter and any other federal, state or local law concerning the materials regulated herein, the more stringent requirements shall apply.
Section 7. Severability
If any provision of this chapter is declared invalid or unenforceable the other provisions shall not be affected thereby.
SECTION 4. To Prevent the Release of Helium Balloons into the Environment
Chapter 131 of the General Laws, as appearing in the 2016 official edition, is hereby amended by adding the following new section:
Section 119. The sale, distribution and release of any type of balloon, including, but not limited to, plastic or latex, filled with any type of lighter than air gas, both for public or private use, is hereby prohibited. Whoever violates any provision of this section shall be punished by a fine of not more than one hundred dollars.
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, or (ii) hot air balloons that are recovered after launch.
SECTION 5. To Prevent the Release of Nips into the Environment
One year after passage of this Act, the sale of alcoholic beverages in containers less than or equal to 100 milliliters is prohibited within the Commonwealth of Massachusetts.
SECTION 6. To Prevent the Release of Wipes Containing Plastic into the Environment
Section 1. For purposes of this section, the following definition shall apply:
“Plastic Wipe”, a nonwoven disposable product manufactured and sold in this state or brought into the state for sale that is constructed from plastic resin (including, but not limited to, polyester and polypropylene) nonwoven sheets, including moist toilet tissue or cloth, that is designed, marketed to or commonly used by the general public for personal hygiene or cleaning purposes, including, but not limited to, diaper wipes, toilet wipes, household cleaning wipes, personal care wipes and facial wipes.
Section 2. No retailer shall sell or distribute plastic wet wipes other than those used for medical applications.
Section 3. This law shall not affect prescription products.
SECTION 7. To Prevent the Release of Hotel Toiletry Bottles into the Environment
Section 1. (a) For purposes of this section, the following definitions shall apply:
(1) “Hosted rental” means a house, apartment, or other livable space where the person providing sleeping accommodations is a permanent resident who lives on the premises.
(2) “Lodging establishment” means an establishment that contains one or more sleeping room accommodations that are rented or otherwise provided to the public, including, but not limited to, a hotel, motel, resort, bed and breakfast inn, or vacation rental. “Lodging establishment” does not include a hospital, nursing home, residential retirement community, prison, jail, homeless shelter, boarding school, worker housing, long-term rental, or hosted rental.
(3) “Personal care product” means a product intended to be applied to or used on the human body in the shower, bath, or any part thereof and shall include only shampoo, hair conditioner, and bath soap.
(4) “Plastic” means any synthetic material made from organic polymers, such as polyethylene, polyvinyl chloride (PVC), or nylon, that can be molded into shape while soft and then set into a rigid or slightly elastic form. “Plastic” includes all materials identified with resin codes 1 to 7, inclusive.
(5) “Small plastic bottle” means a plastic bottle or container with less than a 6-ounce capacity that is intended to be nonreusable by the end user.
(b) Commencing January 1, 2024, for lodging establishments with more than 50 rooms, and January 1, 2025, for lodging establishments with 50 rooms or less, a lodging establishment shall not provide a small plastic bottle containing a personal care product to a person staying in a sleeping room accommodation, in any space within the sleeping room accommodation, or within bathrooms shared by the public or guests.
(c) A lodging establishment is encouraged to use bulk dispensers of personal care products to reduce plastic waste and lower operating costs, mindful of the health and safety of a person.
(d) A lodging establishment may provide personal care products in small plastic bottles to a person at no cost, upon request, at a place other than a sleeping room accommodation, a space within the sleeping room accommodation, or within bathrooms shared by the public or guests.
(e) A local agency with authority to inspect sleeping accommodations in a lodging establishment may issue a citation for a violation of subdivision (b). Upon a first violation, the local Board of Health shall issue a written warning, which shall recite the violation and advise that subsequent violations may result in citations. Upon a second or subsequent violation, the local agency may impose a penalty of five hundred dollars ($500) for each day the lodging establishment is in violation, but not to exceed two thousand dollars ($2,000) annually.
(f) A lodging establishment in violation of subdivision (b) is liable for a civil penalty of five hundred dollars ($500) for the first violation and two thousand dollars ($2,000) for a second or subsequent violation.
(g) (1) On and after January 1, 2024, a city, county, or city and county shall not pass or enforce an ordinance, resolution, regulation, or rule relating to personal care products in plastic bottles provided at lodging establishments, except as provided in paragraph (2).
Section 2. A city, county, or city and county that, before January 1, 2024, passed an ordinance, resolution, regulation, or rule relating to personal care products in plastic bottles provided at lodging establishments may enforce that ordinance, resolution, regulation, or rule, if it is at least as stringent as, and not in conflict with, this section.
SECTION 8. To Prevent the Release of Plastic Water Bottles Into the Environment
Section 1. (a) For purposes of this section, the following definitions shall apply:
"Single-serve plastic container" means a container with a volume of 1 litter or less made in whole or in part of plastic resin codes 1 through 6 (excluding the label or cap).
"Bottled Water" means non-sparkling, unflavored drinking water.
Section 2. Restrictions
No retailer shall sell or distribute any bottled water in a single-serve plastic container other than nutritive drinks, tea, coffee, or unflavored carbonated water.
Section 3. Exclusions
Sales or distribution of drinking water in plastic bottles occurring subsequent to a declaration by a duly authorized Town, state or Federal official of an emergency affecting the availability and/or quality of drinking water to residents of the Town shall be exempt from this bylaw until seven days after the declaration has ended.
Section 4. Effective Date
The provisions of this law shall take effect one year after passage of this Act.
SECTION 9. To Prevent the Release of Black Plastic into the Environment
The General Laws are hereby amended by inserting after chapter 21R the following chapter:
Chapter 21S.
Section 1. Definitions. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Disposable Food Service Ware” shall mean single-use or disposable products for heating, storing, packaging, serving, consuming, or transporting prepared or ready-to-consume food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or lidded containers, spoons, forks and knives. This includes any containers used by food establishments to heat, cook, or store food or beverages prior to serving, regardless of whether such containers are used to serve such food or beverages. Disposable Food Service Ware also includes any such implements sold by Retail Establishments to consumers for personal use.
“Black Plastic” shall mean any plastic with any plastic resin codes #1-#7.
“Food Establishment” shall mean any operation that serves, vends or otherwise provides food or other products to third-parties for consumption and/or use on or off the premises, whether or not a fee is charged, but not including the service of food within a home or other private setting. Any facility requiring a food permit in accordance with the Massachusetts State Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be considered a “food establishment” for purposes of this bylaw.
“Health Agent” shall mean the Health Agent for the city or town of the facility or his/her designee.
“Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively “prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or raw, butchered meats, fish, seafood, and/or poultry.
“Retail Establishment” shall mean a store or premises engaged in the retail business of selling or providing merchandise, goods, groceries, prepared take-out food and beverages for consumption off-premises or the serving of an item directly to customers at such store or premises, including, but not limited to, grocery stores, department stores, pharmacies, convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including farmers markets and public markets; provided, however, that a “retail establishment” shall also include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable roadside stand used by a person from which to engage in such business directly with customers and business establishments without a storefront, including, but not limited to, a business delivering prepared foods or other food items, web-based or catalog business or delivery services used by a retail establishment; provided further, that a “retail establishment” shall include a non-profit organization, charity or religious institution that has a retail establishment and holds itself out to the public as engaging in retail activities that are characteristic of similar type commercial retail businesses, whether or not for profit when engaging in such activity.
Section 2. Regulated Conduct
a. One year after passage of this Act, no Food Establishment in the Commonwealth of Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware made from black plastic.
b. One year after passage of this Act, no Retail Establishment in the Commonwealth of Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware made from black plastic. 2. meat trays, fish trays, seafood trays, vegetable trays, or egg cartons made in whole or in any part with black plastic.
Section 3. Exemption
a) Nothing in this chapter shall prohibit individuals from using disposable food service ware or other items made of black plastic purchased outside the Commonwealth of Massachusetts for personal use. b) Prepared food packaged outside the Commonwealth of Massachusetts is exempt from the provisions of this chapter, provided that it is sold or otherwise provided to the consumer in the same disposable food service ware in which it was originally packaged, and that the prepared food has not been altered or repackaged. c) The Commonwealth of Massachusetts Department of Environmental Protection or the Board of Health of the city or town in which the food or retail establishment is located may exempt a food establishment or retail establishment from any provision of this chapter for a period of up to six months upon written application by the owner or operator of that establishment. No exemption will be granted unless the Department of Environmental Protection or the Board of Health finds that (1) strict enforcement of the provision for which the exemption is sought would cause undue hardship; or (2) the food establishment or retail establishment requires additional time in order to draw down an existing inventory of a specific item regulated by this chapter. For purposes of this chapter, “undue hardship” shall mean a situation unique to a food establishment or retail establishment in which there are no reasonable alternatives to the use of materials prohibited by this chapter, and that compliance with this chapter would create significant economic hardship for the Establishment.
Section 4. Enforcement
Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also have the authority to enforce this chapter. This chapter may be enforced through any lawful means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L. c. 40 § 21D and Article VI of the General Bylaws. The town or city may enforce this chapter or enjoin violations thereof through any lawful process or combination of processes, and the election of one remedy by the town or city shall not preclude enforcement through any other lawful means.
Violations of this chapter are punishable by a fine of up to $300 per violation. Each successive day of noncompliance will count as a separate violation.
If non-criminal disposition is elected, then any Food or Retail Establishment that violates any provision of this chapter shall be subject to the following penalties:
First Offense: written warning
Second Offense: $50 penalty
Third and each subsequent offense: $300 penalty
Section 5. Regulations
The Board of Health may adopt and amend rules and regulations to effectuate the purposes of this chapter.
Section 6. Interaction with Other Laws
In the case of a conflict between the requirements of this chapter and any other federal, state or local law concerning the materials regulated herein, the more stringent requirements shall apply.
Section 7. Severability
If any provision of this chapter is declared invalid or unenforceable the other provisions shall not be affected thereby.
SECTION 10. To Support Our Restaurants
Section 1. For purposes of this chapter, the following terms have the following definitions:
(a) “Disposable”, means designed to be discarded after a single or limited number of uses and not designed or manufactured for long-term multiple reuse.
(b) “Food service ware accessories”, include food service ware such as straws, stirrers, cup spill plugs, cup sleeves, condiments and condiment packets, utensils (including chopsticks), cocktail sticks/picks, toothpicks, napkins, and other similar accessory or accompanying food service ware used as part of food or beverage service or packaging. Detachable lids for beverage cups and food containers are not considered a food service ware accessory.
(c) “Food facility”, means an operation that stores, prepares, packages, serves, vends, or otherwise provides food to the public for human consumption.
(d) “Takeout food”, means prepared food requiring no further preparation, which is purchased to be consumed off a prepared food facility’s premises. Takeout food includes prepared food delivered by a food facility or by a third-party takeout food delivery service.
(e) “Takeout food delivery service”, is a service that delivers takeout food from a food facility to a customer for consumption off the premises. This service can be provided directly by the food facility or by a third party.
Section 2.
(a) No food facility shall provide any disposable food service ware accessories except:
1. Upon request by the consumer;
2. Upon acceptance by the consumer after being offered by the food facility; or
3. At a self-serve area and/or a dispenser.
(b) Food facilities shall only distribute disposable food service ware if they charge the customer what that food ware cost the food facility, or a dollar, whichever is greater.
(c) Takeout food delivery services that utilize digital ordering/point of sale platforms, including but not limited to the internet and smartphones, shall only offer disposable food service ware accessories by providing clear options for customers to affirmatively request these items separate from orders for food and beverages. The default option on the digital ordering/point of sale platforms shall be that no disposable food service ware accessories are requested. Each individual disposable food service ware accessory (e.g., each fork, knife, condiment packet, napkin, etc.) provided with prepared food must be specifically requested by the customer in order for a food facility to provide it.
(d) Takeout food delivery services shall only distribute disposable food service ware if they charge the customer what that food ware cost the food facility, or a dollar, whichever is greater.
SECTION 11. The General Laws are hereby amended by inserting after chapter 21O the following chapter:
CHAPTER 21P.
IMPROVED PLASTIC BOTTLES AND INCREASED RECYCLING
Section 1. Definitions. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
(a) “Beverage”, any of the following products prepared for immediate consumption and sold in a single-use container: beer and malt beverages; wine distilled spirit coolers; carbonated water and soda; noncarbonated water; carbonated soft drinks; noncarbonated soft drinks and ‘soft’ drinks; non-carbonated fruit drinks that contain any percentage of fruit juice and vegetable juice; coffee and tea drinks; carbonated fruit drinks; vegetable and fruit juice, sports drinks, fermented non-alcoholic drinks;
(b) “Beverage cap”, a cap on any plastic beverage container that is made wholly or in large part from plastic;
(c) “Plastic beverage container”, an individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which one liter or less of a beverage is sold, and that is constructed of plastic. “Beverage container” does not include a cup or other similar container open or loosely sealed receptacle;
(d) “The Department” means the Department of Environmental Protection for the Commonwealth of Massachusetts;
(e) “Plastic”, an organic or petroleum derivative synthetic or a semisynthetic organic solid that is moldable, and to which additives or other substances may have been added, with the exception of natural polymers that have not been chemically modified;
(f) “Product manufacturer” means any person, partnership, association, corporation or any other entity that, through its own action or through contract or control, is primarily responsible for causing a product to be produced that is held inside of a rigid plastic packaging container and sold or offered for sale in Massachusetts.
i. The Department shall consider the following factors in identifying a product manufacturer: (1) the ownership of the brand name of the product in the beverage container; (2) primary control or influence over the design of the product in the beverage container; (3) primary control or influence over the design specifications of the beverage container;
ii. Any entity that has a legally recognized corporate relationship (i.e. parent/subsidiary or affiliate relationship) with a product manufacturer shall be allowed to assume the responsibilities of the product manufacturer as they relate to the requirements of this Act.
(h) “Retailer” means a person who sells a beverage in a beverage container to a consumer;
(i) “Single use”, means intended for disposal after one use and used for serving or transporting a prepared, ready-to-consume product, and is not intended for multiple trips or rotations by being returned to the producer for refill or reused for the same purpose for which it was conceived.
Section 2. Prohibition
(a) On and after January 1, 2024, a retailer shall not sell or offer for sale, in the state, a single-use beverage container with a beverage cap, unless the container meets one of the following conditions: (i) the beverage cap is tethered to the container in a manner that prevents the separation of the cap from the container when the cap is removed from the container; (ii) The beverage cap includes an opening from which the beverage can be consumed while the cap is screwed onto or otherwise contiguously affixed to the container;
(b) Metal caps or lids with plastic seals shall not be considered to be made from plastic. Glass and metal beverage containers that have caps and lids made from plastic shall not be included in this act;
SECTION 12. Requirements for the Removal of Toxic Substances in Beverage Containers, Food Ware, and Food Ware Accessories
(1) Definitions:
(a) “Beverage container”, means a prepackaged container designed to hold a beverage that is made of any material, including glass, plastic, and metal, cartons, pouches, and aseptic packaging.
(b) “Food ware accessories”, include food serviceware such as straws, stirrers, cup spill plugs, cup sleeves, condiments and condiment packets, utensils (including chopsticks), cocktail sticks/picks, toothpicks, napkins, and other similar accessory or accompanying food service ware used as part of food or beverage service or packaging.
(c) “Food ware”. means any single use or reusable containers that food is served in or sold in.
(d) “Food packaging” means any packaging that comes into direct contact with food that will eventually be consumed by human beings or animals.
(2) Beginning two years after adoption of this bill, no person or entity may sell, offer for sale, or distributed into the state any beverage container, food ware accessories, food ware, or food packaging containing the following toxic substances:
(a) Ortho-phthalates, (b) Bisphenols, (c) Per- and polyfluoroalkyl substances (PFAS), (d) Lead and lead compounds, (e) Hexavalent chromium and compounds, (f) Cadmium and cadmium compounds, (g) Mercury and mercury compounds, (h) Benzophenone and its derivatives, (i) Halogenated flame retardants, (j) Perchlorate, (k) Formaldehyde, (l) Toluene, (m) Antimony and compounds, and (n) UV 328 (2-(2H-benzotriazol-2-yl)-4,6-di-tert-pentylphenol).
(3) Beginning two years after the Start Date, no person or entity shall sell, offer for sale, or distributed for use in this state any Beverage Container containing (a) polyvinyl chloride, (b) polystyrene, or (c) polycarbonate.
(4) Beginning three years after the start date, and every three years thereafter, the Department of Environmental Protection shall designate at least ten additional toxic substances or families of toxic substances that may no longer be used in Beverage Containers unless the Department of Environmental Protection determines there are not ten toxic substances of families of toxic substances that are required to be banned from use in beverage containers.
(5) Any producer that violates this section shall be subject to a fine for each violation not to exceed fifty thousand dollars per violation. For the purposes of this section, each product line that is sold, offered for sale, or distributed to consumers, via retail commerce, in the state, including through an internet transaction violation shall be considered a violation.
SECTION 13. The provisions of this bill shall take effect one year after passage unless otherwise specified.
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An Act ensuring safe drinking water in schools
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S526
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SD696
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T18:10:02.747'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T18:10:02.7466667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T11:55:29.0866667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-08T11:55:29.0866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T11:55:29.0866667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-21T14:20:50.14'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-21T14:20:32.0166667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-21T14:20:05.66'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T14:19:46.0366667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-21T14:19:01.33'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T14:18:49.86'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-21T14:18:23.83'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-22T10:47:06.9366667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-23T09:33:15.51'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-03-23T09:33:15.51'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-03-23T09:33:15.51'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-03T11:52:00.2866667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-07T15:06:18.4433333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T12:23:26.61'}]
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 526) of Joan B. Lovely, Patrick M. O'Connor, Anne M. Gobi, Jack Patrick Lewis and other members of the General Court for legislation to ensure 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 2020 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 concurrent jurisdiction on National Park Service properties
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S527
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SD1983
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-20T11:24:28.603'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-20T11:24:28.6033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S527/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 527) of Joan B. Lovely for legislation relative to concurrent jurisdiction on National Park Service properties. Environment and Natural Resources.
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SECTION 1. Section 1 of chapter 360 of the acts of 1984 is hereby amended by inserting after the word “lands”, in lines 2 and 5, the word:- “, waters”.
SECTION 2. Said section 1 of said chapter 360 is hereby further amended by inserting at the end thereof the following clause:-
(m) All lands, waters and buildings acquired, leased or administratively controlled by the National Park Service on or after the effective date of this act.
SECTION 3. Section 2 of said chapter 360 of the acts of 1984 is hereby amended by inserting at the end thereof the following:- Concurrent jurisdiction over any lands, waters or buildings under clause (m) of section 1 shall vest in the United States of America when the Director of the National Park Service files a notice of such acceptance with the governor and state secretary.
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An Act to establish a free snowmobile weekend
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S528
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SD1934
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T10:02:13.52'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T10:02:13.52'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-06-28T15:19:41.92'}]
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 528) of Paul W. Mark for legislation to establish a free snowmobile weekend. Environment and Natural Resources.
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Chapter 90B of the General Laws is hereby amended by inserting after section 22 the following section:-
Section XX. “In conjunction with the Snowmobile Association of Massachusetts, or its successor organization, a three-day “free snowmobile weekend” shall be established annually by the Massachusetts Office of Law Enforcement on a mutually agreeable weekend during the winter snowmobiling season. For the purposes of this section a “free snowmobile weekend” is defined as Friday, Saturday, Sunday during which Massachusetts snowmobile registration and Trail Pass provided by the Snowmobile Association of Massachusetts or its appendant clubs is not required for non-residents to operate snowmobiles on public lands, or private lands under agreement with the Snowmobile Association of Massachusetts or its appendant clubs, provided said non-resident has proof of a valid registration in any state or Canadian province”.
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An Act relative to solid waste disposal facilities in environmental justice communities
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S529
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SD1240
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T12:48:07.217'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T12:48:07.2166667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-08T13:43:43.4066667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T13:08:21.48'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-09-28T11:14:27.0433333'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 529) of Liz Miranda, Sal N. DiDomenico and Jason M. Lewis for legislation relative to solid waste disposal facilities in environmental justice communities. Environment and Natural Resources.
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Section 150A of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the seventeenth paragraph, the following paragraph:-
The department shall adopt regulations related to violations of the terms of a permit by facilities within environmental justice communities. The regulations shall include, but not be limited to, substantial monetary fines that increase with each violation of the terms of a permit by facilities within environmental justice communities and permit revocation for facilities within environmental justice communities that violate the terms of such permit regularly.
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An Act to support cannabis equity businesses
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S53
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SD1993
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T11:32:59.013'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T11:32:59.0133333'}]
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 53) of Jason M. Lewis for legislation to support cannabis equity businesses. Cannabis Policy.
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Section 4 of chapter 94G of the General Laws, is hereby amended by adding the following subsection:-
(m) The cannabis control commission, in consultation with the Massachusetts cannabis advisory board, shall create a searchable online database of all operational cannabis dispensaries that allows users to identify economic empowerment applicants, social equity program participants, disadvantaged business enterprises, unionized organizations, organizations under investigation, and other criteria identified by the commission and advisory board available on the commission's website no later than Dec. 31, 2024.
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An Act to preserve space for the creative economy
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S530
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SD1255
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T13:28:02.75'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T13:28:02.75'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-21T15:16:48.6666667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-21T15:16:48.6666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T11:55:32.72'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-10-12T16:02:48.49'}]
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 530) of Liz Miranda, Vanna Howard and Jacob R. Oliveira for legislation to preserve space for the creative economy. Environment and Natural Resources.
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An act to preserve space for the creative economy
SECTION 1. Section 31 of Chapter 184 of the General Laws is hereby amended by adding at the end thereof the following:
“A Creative space restriction means a right, either in perpetuity or for a specified number of years, whether or not stated in the form of a restriction, easement, covenant or condition in any deed, mortgage, will, agreement, or other instrument executed by or on behalf of the owner of the land appropriate to a) limiting the use of all or part of land or structure to occupancy by persons for the creation, practice, presentation, exhibition of art, creative expression or culture or to occupancy by persons or families for live/work artist studio housing. Such restriction may include provisions to restrict the resale price of all or part of the property in order to assure its affordability by future low or moderate income artists, creative workers, culture bearers, and artisans of fine, applied, traditional or popular arts.”
SECTION 2. Chapter 44 is hereby amended by adding the following new Section:-
Section 1.
Definitions
“Creative space” - space where the primary use is the creation and practice of art, culture and creative expression and the primary users are artists, creative workers or artisans in the fine, applied or popular arts, where “creation” encompasses all activities required to generate artistic products including but not limited to sketching, design, prototyping, writing, rehearsing, composing, recording, etc., and “practice” encompasses all activities related to developing, expanding, and maintaining skills and competencies that enable the creation of arts, culture and creative expression.
“Presentation space” - space where the primary use is showcasing, presentation and exhibition of art, culture and creative expression by artists, creative workers, and artisans in the fine, applied or popular arts, and community members.
Section 2.
Municipal Creative Space Preservation Trust Fund
Section XX. (a) Notwithstanding section XX or any other general or special law to the contrary, a city or town that accepts this section may establish a trust to be known as the Municipal Creative Space Trust Fund, in this section called the trust. The purpose of the trust is to provide for the creation and preservation of creative space and presentation space in municipalities.
(b) There shall be a board of trustees, in this section called the board, which shall include no less than 5 trustees, including the chief executive officer, as defined by section 7 of chapter 4, of the city or town, but where the chief executive officer is a multi-member body, that body shall designate a minimum of 1 of its members to serve on the board; provided, that, if said city or town has formed a Local or Regional Cultural Council, as defined in Section 58 of Chapter 10 of the general laws, said chief executive officer shall appoint to the board a minimum of 1 member from said cultural council; provided further, that, if said city or town has a municipal board, committee or commission dedicated to local arts and culture, said chief executive officer shall appoint to the board a minimum of 1 member from said body.. Trustees shall be appointed in a city by the mayor or by the city manager in a Plan D or Plan E municipality, subject in either case, to confirmation by the city council, and in a town by the board of selectmen, shall serve for a term not to exceed 2 years, and are designated as public agents for purposes of the constitution of the commonwealth. Nothing in this subsection shall prevent a board of selectmen from appointing the town manager or town administrator as a member or chair of the board, with or without the power to vote.
(c) The powers of the board, all of which shall be carried on in furtherance of the purposes set forth in this act, shall include the following powers, but a city or town may, by ordinance or by-law, omit or modify any of these powers and may grant to the board additional powers consistent with this section:—
(1) to accept and receive real property, personal property or money, by gift, grant, contribution, devise or transfer from any person, firm, corporation or other public or private entity, including but not limited to money, grants of funds or other property tendered to the trust in connection with any ordinance or by-law or any general or special law or any other source;
(2) to purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income;
(3) to sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertaking relative to trust property as the board deems advisable notwithstanding the length of any such lease or contract;
(4) to execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases, grant agreements and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the board engages for the accomplishment of the purposes of the trust;
(5) to employ advisors and agents, such as accountants, appraisers and lawyers as the board deems necessary;
(6) to pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the board deems advisable;
(7) to apportion receipts and charges between incomes and principal as the board deems advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise;
(8) to participate in any reorganization, recapitalization, merger or similar transactions; and to give proxies or powers of attorney with or without power of substitution to vote any securities or certificates of interest; and to consent to any contract, lease, mortgage, purchase or sale of property, by or between any corporation and any other corporation or person;
(9) to deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the board may deem proper and to pay, out of trust property, such portion of expenses and compensation of such committee as the board may deem necessary and appropriate;
(10) to carry property for accounting purposes other than acquisition date values;
(11) to borrow money on such terms and conditions and from such sources as the board deems advisable, to mortgage and pledge trust assets as collateral;
(12) to make distributions or divisions of principal in kind;
(13) to comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against the trust, including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions of this act, to continue to hold the same for such period of time as the board may deem appropriate;
(14) to manage or improve real property; and to abandon any property which the board determined not to be worth retaining;
(15) to hold all or part of the trust property uninvested for such purposes and for such time as the board may deem appropriate; and
(16) to extend the time for payment of any obligation to the trust.
(d) Notwithstanding any general or special law to the contrary, all moneys paid to the trust in accordance with any zoning ordinance or by-law, exaction fee, or private contributions shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust. General revenues appropriated into the trust become trust property and to be expended these funds need not be further appropriated. All moneys remaining in the trust at the end of any fiscal year, whether or not expended by the board within 1 year of the date they were appropriated into the trust, remain trust property.
(e) The trust is a public employer and the members of the board are public employees for purposes of chapter 258.
(f) The trust shall be deemed a municipal agency and the trustees special municipal employees, for purposes of chapter 268A.
(g) The trust is exempt from chapters 59 and 62, and from any other provisions concerning payment of taxes based upon or measured by property or income imposed by the commonwealth or any political subdivision thereof.
(h) The books and records of the trust shall be audited annually by an independent auditor in accordance with accepted accounting practices. Said independent auditor shall submit an annual report to the Massachusetts cultural council.
(i) The trust is a governmental body for purposes of sections 23A, 23B and 23C of chapter 39.
(j) The trust is a board of the city or town for purposes of chapter 30B and section 15A of chapter 40; but agreements and conveyances between the trust and agencies, boards, commissions, authorities, departments and public instrumentalities of the city or town shall be exempt from said chapter 30B.
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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 limiting toxics release inventory facilities in environmental justice communities
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S531
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SD2294
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T15:13:23.553'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T15:13:23.5533333'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 531) of Liz Miranda for legislation to limit toxics release inventory facilities in environmental justice communities. Environment and Natural Resources.
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Chapter 30 of the General Laws, as so appearing in the 2020 official edition, is hereby amended by inserting the following sections:-
Section 62J. As used in this section and in section 62K, the following definitions shall apply, unless the context clearly requires otherwise:
"Equal Protection," that no group of people, because of race, ethnicity, class, gender, gender identity, or handicap bears an unfair share of environmental pollution from industrial, commercial, state and municipal operations or have limited access to natural resources, including waterfronts, parks and open space, and water resources.
“Executive Office of EEA,” the Executive Office of Energy and Environmental Affairs.
"Lacking English Language Proficiency" refers to households that, according to federal census forms, do not have an adult proficient in English.
“Environmental justice population,” as defined in the Acts of 2021, section 56, chapter 8.
“Secretary of EEA,” the Secretary for Energy and Environmental Affairs.
“Toxics Release Inventory,” the Toxics Release Inventory and Toxics Release Inventory Program of the United States Environmental Protection Agency.
“TRI Facility,” any industrial or commercial facility subject to the regulations, policies, or reporting requirements of the Toxics Release Inventory Program of the United States Environmental Protection Agency or comparable laws or regulations of the Commonwealth for the management and control of pollutants or toxins that pose a significant risk to public health or the environment.
Section 62K. The Secretary of the Executive Office of Energy and Environmental Affairs shall direct each Department, Board, or other agency or program in the Secretariat with jurisdiction over the permitting of any TRI Facility to issue recommendations for ways to substantially decrease the further siting or expansion of TRI Facilities within Environmental Justice Populations neighborhoods. This action shall be undertaken by the Secretary of EEA no later than 30 days after the bill’s passage.
By no later than 180 days after the effective date of this Act, the Secretary of EEA shall initiate a rule-making process that shall establish a cap on the total number of TRI Facilities that may be sited or expanded within any Environmental Justice Population neighborhood. That rule-making process shall prioritize and give substantial weight to achieving a substantial reduction of the risk of the exposure of residents of the neighborhood to toxins listed in the TRI Inventory and shall prioritize and give substantial weight to providing and preserving the access of the residents of the neighborhood to a clean and healthful environment regardless of race, income, national origin or English language proficiency.
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An Act relative to Title 5 of the State Environmental Code
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S532
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SD856
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-18T11:52:55.753'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-18T11:52:55.7533333'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-18T15:18:19.21'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:41:13.96'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 532) of Mark C. Montigny, Christopher M. Markey and Paul A. Schmid, III for legislation relative to Title 5 of the State Environmental Code. Environment and Natural Resources.
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SECTION 1. Pursuant to 310 CMR 15.000, the department shall not require a dwelling used as a primary residence to install or upgrade to Best Available Nitrogen Reducing Technology, unless said installation or upgrade is required by an enforceable Watershed Permit issued pursuant to 314 CMR 21.00. No Watershed Permit shall be required or enforced unless the department or the general court, by appropriation, provides for any cost obligations imposed upon the Local Government Unit, including any costs incurred to a primary residence.
SECTION 2. This act shall take effect upon its passage.
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An Act to provide additional funding for animal welfare and safety programming
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S533
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SD2197
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-04T13:10:41.68'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-04T13:10:41.68'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T10:30:40.47'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 533) of Mark C. Montigny and Jack Patrick Lewis for legislation to provide additional funding for animal welfare and safety programming. Environment and Natural Resources.
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SECTION 1. Section 35WW of chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 9 after the words “chapter 140” the following words:- “or other measures to improve animal health and welfare as the commissioner may determine, with majority support from the advisory committee established in chapter 193 of the acts of 2012”.
SECTION 2. Section 37 of chapter 129 of the General Laws, as so appearing, is hereby amended by inserting after the fourth sentence the following sentence:- “Such fines shall not revert to the General Fund and shall instead be deposited in the Homeless Animal Prevention and Care Fund, as established by section 35ww of chapter 10 of General Laws, and shall be available for use in subsequent fiscal years.”.
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An Act to establish a blue economy workforce pipeline
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S534
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SD1688
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T20:38:43.237'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T20:38:43.2366667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-30T10:36:13.9433333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-17T12:59:52.8533333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T15:22:41.25'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-29T16:43:41.5266667'}]
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 534) of Susan L. Moran, Marc R. Pacheco, Mathew J. Muratore and James B. Eldridge for legislation to establish a blue economy workforce pipeline. 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 relative to a future blue economy
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S535
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SD1689
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T20:37:40.31'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T20:37:40.31'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-30T10:36:40.7633333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-30T10:36:20.8033333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T15:56:42.9066667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-17T13:00:01.4933333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-22T10:31:27.0566667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-23T12:58:38.51'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T15:22:49.14'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-29T16:43:49.98'}]
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 535) of Susan L. Moran, Marc R. Pacheco, Angelo J. Puppolo, Jr., Michael O. Moore and other members of the General Court for legislation relative to a future blue economy. 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 relative to boater safety to be known as the David Hanson Act
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S536
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SD1692
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T14:51:48.59'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T14:51:48.59'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-08T11:53:17.06'}]
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 536) of Susan L. Moran and Michael D. Brady for legislation relative to boater safety to be known as the David Hanson Act. Environment and Natural Resources.
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SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting after section 2OOOOO the following section:-
Section 2PPPPP. There shall be a Boater Safety Program Fund. Notwithstanding any general or special law to the contrary, there shall be credited to the fund: (i) the fees collected pursuant to section 9I and section 9J of chapter 90B; (ii) 75 per cent of all fines, costs, forfeitures, expenses and interest imposed pursuant to sections 2 through 14, inclusive, and sections 36 and 38 of said chapter 90B or any regulation made thereunder; (iii) 75 per cent of all fines issued pursuant to the fourth paragraph of section 10H of chapter 21A; (iv) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; (v) any appropriation, grant, gift or other contribution made to the fund; and (vi) any income derived from the investment of amounts credited to the fund. The remaining 25 per cent of the fines, costs, forfeitures, expenses and interest imposed pursuant to said sections 2 through 14, inclusive, of said chapter 90B, or any regulation made thereunder, and pursuant to the fourth paragraph of section 10H of chapter 21A shall be distributed equally among the divisions, departments or offices involved or to the division, department or office if a single law enforcement agency was involved. Monies contributed from said 25 per cent of the fines, costs, forfeitures, expenses and interest imposed pursuant to said sections 2 through 14, inclusive, of said chapter 90B, or any regulation made thereunder, and pursuant to the fourth paragraph of section 10H of chapter 21A payable to the office of law enforcement in the executive office of energy and environmental affairs established under section 10A of chapter 21A, shall be deposited in the Massachusetts Environmental Police Trust Fund.
(b) The director of the office of law enforcement, as trustee, shall administer the fund. All amounts credited to the fund may be expended, without further appropriation, for use by the office of law enforcement for the following purposes: (i) the development, administration and management of boater safety training, awareness and education programs relative to boater safety and safe operation of vessels; (ii) administering a paddlecraft safety and responsibility program; (iii) training of law enforcement personnel of the office of law enforcement in courses of instruction including, but not limited to: boat safety instructor training; vessel operation; search, rescue and recovery; boat accident investigations; underwater recovery training; boating under the influence and drug recognition expert training; and costs of any related equipment for administering said training; (iv) equipment required for the investigation of vessel accidents and any search and rescue or recovery made thereto; (vi) enforcement of statutes, regulations and policies applicable to the use of vessels; (vii) grants made by the office of law enforcement through competitive grant process to municipalities for the purposes of clause (i) and other vessel safety activities, including all direct and indirect costs of personnel or contractors of the office of law enforcement; provided, however, that the director of the office of law enforcement shall report annually, not later than January 15, to the house and senate committees on ways and means and the joint committees on environment, natural resources and agriculture, relative to the source and amount of funds deposited into the fund, the amount distributed and the purpose and recipient of expenditures from the fund.
(c) 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 subsequent fiscal years.
(d) Not less than 25 per cent of the monies deposited in the fund shall be expended on a fiscal year basis for the activities identified in clause (i), (ii) or (iii) of subsection (b) or for grants made pursuant to clause (v) of subsection (b) to fund the activities identified in clause (i) of subsection (b).
SECTION 2. Section 1 of chapter 90B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definitions of “Director” and “Division” inserting in place thereof the following definition:-
“Director”, the director of law enforcement of the office of law enforcement, or authorized designee.
“Division”, the office of law enforcement.
SECTION 3. Said section 1 of said chapter 90B, as so appearing, is hereby further amended by inserting after the definition of “Motorboat” the following 2 definitions:-
“NASBLA”, the national association of state boating law administrators.
“Office of law enforcement”, the office of law enforcement in the executive office of energy and environmental affairs established under section 10A of chapter 21A, also known as the Massachusetts environmental police.
SECTION 4. Said section 1 of said chapter 90B, as so appearing, is hereby further amended by striking out the definition of “Operator” and inserting in place thereof the following definition:-
“Operator”, any person who operates, has charge of the navigation or use of a motorboat or vessel or is responsible for the vessel and its passengers.
SECTION 5. Said Chapter 90B is hereby amended by inserting after section 9B the following 7 sections:-
Section 9C. In sections 9D to 9I, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Commercial fishing vessel”, any vessel, boat, ship or other water craft designed, manufactured and used exclusively for the harvesting of fish, shellfish or crustaceans for purposes of sale, barter or exchange and shall include any vessel documented under the laws of the United States to carry passengers for hire exclusively to harvest fish, shellfish or crustaceans. Commercial fishing vessels shall include fishing trawlers, with or without shellfish dredges, seine vessels, longline vessels, gillnet vessels, hydraulic shellfish dredges and lobster and shellfish vessels manufactured with pot hauler systems; provided, however, vessels designed and manufactured for recreational purposes in accordance with United States Coast Guard regulations, which are utilized for fishing purposes on a seasonal, part-time or occasional basis or which are utilized in a recreational manner at any time, shall be considered recreational vessels for the purposes of section 9D and shall not be considered a commercial fishing vessel.
“Motorboat”, a vessel propelled by machinery, whether or not such machinery is the principal source of propulsion.
“Non-resident”, a person whose legal residence is not within the commonwealth.
“Other jurisdiction” or “another jurisdiction”, any other state, territory and the District of Columbia; any state, province or territory of Canada; or, any other foreign state or country.
“Person”, a natural person.
“Personal watercraft”, a motorboat less than 16 feet in length, propelled by an inboard water jet pump or other machinery as its primary source of motor propulsion which is designed to be operated by a person sitting, standing or kneeling on the vessel rather than being operated in the conventional manner by a person sitting or standing inside the vessel.
Section 9D. (a) The director shall establish a boater safety education examination for motorboat operators. The examination shall be in general alignment with the standards set by the NASBLA.
(b) The director may establish rules and regulations pertaining to such boater safety education examinations.
(c) A person may take the boater safety education examination online, via controlled testing software approved by the Commonwealth, for which there will be a $10 “test registration fee” paid to the Commonwealth. Upon the successful completion of the online boater safety education examination, the person shall be issued a boater safety certificate, for which there will be a $10 “certification fee” also paid to the Commonwealth, allowing the person who successfully completed the online examination to print their Certificate immediately or at a later time. If a person does not pass the boater safety education examination on the first attempt, the person shall take a boater safety education course before retaking the examination. The examination may be taken an unlimited number of times until successfully completed.
(d) No person who was born on or after the specified date shall operate a motorboat on the waters of the commonwealth unless the person complies with the boater safety educational requirements of this section, beginning on the respective dates as follows:
(i) For persons who were born on or after January 1, 1993, beginning on January 1, 2024;
(ii) For persons who were born on or after January 1, 1985, beginning on January 1, 2025;
(e) No person under the age of 12 shall operate a motorboat on the waters of the commonwealth, unless the person is accompanied onboard and directly supervised by a person 18 years of age or older who holds a valid boater safety certificate, showing their qualification to operate motorboats pursuant to clauses (ii) to (iv), inclusive, of subsection (f).
(f) No person 12 years of age or older shall operate a motorboat on the waters of the commonwealth, unless the person has onboard a valid boater safety certificate; provided, however, a person who does not hold a valid boater safety certificate may operate a motorboat if the person:
(i) is accompanied onboard and directly supervised by a person 18 years of age or older who has onboard a valid boater safety certificate showing their qualification to operate motorboats pursuant to clauses (ii) through (iv);
(ii) holds a valid merchant mariner credential, pursuant to 46 USC § 7510, as a vessel master or mate of any tonnage, operator of uninspected passenger vessel, launch operator’s license or other similar license to captain a commercial vessel issued by the United States Coast Guard, or an equivalent type license issued by any state of the United States or foreign government; provided, the license is onboard when operating the vessel and available for inspection by a division law enforcement officer or has on board a printed self-certification evidencing such credentials;
(iii) is a non-resident, who is operating a motorboat on the waters of the commonwealth pursuant to section 9H;
(iv) is an active member in the armed forces of the United States, National Guard or United States Coast Guard, and who is qualified to operate motorboats based on training or position in such branch or organization; provided, the person has onboard documentation showing his qualification or has on board a printed self-certification evidencing such credentials;
(v) has acquired new ownership of a motorboat that is numbered by the commonwealth or documented by the United States Coast Guard and has onboard a valid temporary boater safety certificate to operate the vessel printed pursuant to section 9F;
(vi) is an operator of a motorboat rented in the commonwealth accordance with the provisions of section 9G;
(vii) is an operator of a motorboat in a boater safety education course;
(viii) is the operator of a commercial fishing vessel; or
(ix) is a student attending an accredited secondary school, maritime school, college or university and is operating a motorboat in conjunction with a prescribed course of instruction.
(g) The boater safety education requirements and operator age requirements to operate motorboats under this section shall not apply when: (i) the vessel is operated by a division law enforcement officer or employee of a municipal fire department or the department of fire services in the performance of their official duties; (ii) the person is operating the motorboat in reasonable response to an onboard emergency including, but not limited to, when the operator or person supervising the operator pursuant to this section becomes incapacitated or physically unable to operate or supervise the operation of the vessel or in response to another vessel that has declared an emergency situation; (iii) the person is operating the motorboat under the direction of a division law enforcement officer; (iv) the vessel is a ship’s lifeboat; (v) the vessel is the property of a branch of the armed forces of the United States, National Guard or United States Coast Guard, or is a military vessel of a foreign country; or (vi) the person operating the vessel is exempted pursuant to regulation or by waiver issued by the director.
(h) The division shall publish on its website: (i) all current laws and regulations applicable to the boater safety education requirements for motorboat operators; and (ii) the content expected to be understood and tested for in the boater safety examination. The Director may have multiple examinations such that not all examinations will ask the same questions.
(i) No person under the age of 16 shall operate a personal watercraft.
(j) An owner of a motorboat or other person 18 years of age or older, having custody or control of a motorboat, who knowingly permits a person under the age of 18, to operate the vessel in violation of this chapter, shall be held liable, jointly and severally with the operator, for any violations, damages or injuries caused by such operator's operation of the vessel and for any fines, penalties or restitution resulting therefrom. Lack of ownership of the vessel or mistake as to the age of the operator shall not be defenses in an action filed pursuant to this section.
Section 9E. (a) (i) The director may require self-certification of all such boater safety education course providers that the examination conditions are enforced. If a provider fails to provide a required self-certification, the director may bar the provider from providing boater safety education courses or examinations. Upon the successful completion of the examination by a person, the director shall arrange for the electronic examination to send an electronic copy of the successful certificate to the division, as well as enable printing of the certificate at the location where the examination is taken. Boater safety certificates issued pursuant to this section shall be in the form prescribed by the director. The director shall be authorized to issue a boater safety certificate to motorboat operators without the completion of a boater safety examination or education course if the person holds a valid boating safety certificate to operate motorboats issued or recognized by the government of another jurisdiction.
(ii) Boater safety education certificates or similar documentation issued or authorized by another governmental jurisdiction shall be valid for the operation of a motorboat or personal watercraft in the commonwealth.
(iii) No person under 12 years of age shall be issued a boater safety certificate.
(iv) Boater safety certificates issued pursuant to this section shall be valid for the lifetime of the person named on the certificate, except as otherwise provided by law, court judgement or administrative hearing conducted by the director or his designee. Any person authorized to enforce the provisions of chapter 90B pursuant to section 12 or the registrar of motor vehicles, may petition the director to immediately suspend a boater safety certificate for emergency or immediate threat purposes. The director may immediately suspend or revoke a boaters safety certificate for such emergency or immediate threat for public safety purposes. Such request for emergency action shall be on forms prescribed by the director.
(b) A boater safety certificate or equivalent documentation possessed by a resident of the commonwealth who, prior to the passage of this act, had successfully completed a boater safety education course for motorboat operators shall be considered valid, if issued by: (i) the director; (ii) a course provider other than the director; or (iii) another governmental jurisdiction; provided, the certificate or documentation evidences the successful passage of a boating safety education course for motorboat operators and, when issued, met the standards of NASBLA or the United States Coast Guard.
(c) In the event the Massachusetts Environmental Police or other law enforcement find a person to be in operation of a vessel and not possessing the aforementioned documentary testing or certification requirements, the person shall be issued a warning ticket to cure the violation (“Ticket to Cure”). Said “Ticket to Cure” shall give the person 30 days turn in certification paperwork, which shall either indicate a certification existed but was not onboard their vessel at the time of inspection, or that a certification was subsequently obtained within the 30-day period.
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An Act to promote natural carbon sequestration
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S537
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SD1700
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T20:29:55.273'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T20:29:55.2733333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-30T10:36:36.81'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-30T10:36:09.6266667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T10:36:03.83'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T15:56:40.2966667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-17T13:00:13.7266667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-23T12:58:46.45'}]
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 537) of Susan L. Moran, Jack Patrick Lewis, Marc R. Pacheco, Angelo J. Puppolo, Jr. and other members of the General Court for legislation to promote natural carbon sequestration. 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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An Act relative to clean lighting
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S538
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SD1704
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-18T09:37:01.113'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-18T09:37:01.1133333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T11:53:29.9666667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:46:38.15'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T11:07:57.7466667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-16T15:51:25.2166667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-16T15:51:25.2166667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-05T16:57:28.1433333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-04-26T15:43:00.29'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T09:38:11.7933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T09:59:37.1233333'}]
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 538) of Susan L. Moran, Thomas M. Stanley and Michael O. Moore for legislation relative to clean lighting. Environment and Natural Resources.
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SECTION 1. Section 2 of Chapter 21H of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Mercury-added Lamp” and inserting in place thereof the following definitions:-
“Compact fluorescent lamp” means a compact low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics:
(i) One base (end cap) of any type, including, but not limited to, screw, bayonet, two pins, and four pins.
(ii) Integrally ballasted or non-integrally ballasted.
(iii) Light emission between a correlated color temperature of 1700K and 24000K and a Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color Space (CAM02-UCS).
(iv) All tube diameters and all tube lengths.
(v) All lamp sizes and shapes for directional and nondirectional installations, including, but not limited to, PL, spiral, twin tube, triple twin, 2D, U-bend, and circular.
“Linear fluorescent lamp” means a low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics:
(i) Two bases (end caps) of any type, including, but not limited to, single-pin, two-pin, and recessed double contact.
(ii) Light emission between a correlated color temperature of 1700K and 24000K and a Duv of +0.024 and -0.024 in the CIE CAM02-UCS.
(iii) All tube diameters, including, but not limited to, T5, T8, T10, and T12.
(iv) All tube lengths from 0.5 to 8.0 feet, inclusive.
(v) All lamp shapes, including, but not limited to, linear, U-bend, and circular.
SECTION 2. Section 6J of Chapter 21H of the General Laws, as so appearing, is hereby amended by striking out sections (d)(1) and (d)(2) in their entirety and inserting in place thereof the following:-
(d)(1) On and after January 1, 2024, no person shall offer for final sale or distribute in this state as a new manufactured product a screw or bayonet base type compact fluorescent lamp.
(d)(2) On and after January 1, 2025, no person shall offer for final sale or distribute in this state as a new manufactured product a pin-base type compact fluorescent lamp or a linear fluorescent lamp.
SECTION 3. Section 6J of Chapter 21H of the General Laws, as so appearing, is hereby further amended by adding the following sections:-
(k) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively for image capture and projection, including:
(i) photocopying;
(ii) printing, directly or in preprocessing;
(iii) lithography;
(iv) film and video projection; and
(v) holography.
(l) Sections (d)(1) and (d)(2) do not apply to a lamp that has a high proportion of ultraviolet light emission and is one of the following:
(i) A lamp with high ultraviolet content that has ultraviolet power greater than two milliwatts per kilolumen (mW/klm).
(ii) A lamp for germicidal use, such as the destruction of DNA, that emits a peak radiation of approximately 253.7 nanometers.
(iii) A lamp designed and marketed exclusively for disinfection or fly trapping from which either the radiation power emitted between 250 and 315 nanometers represents at least 5 percent of, or the radiation power emitted between 315 and 400 nanometers represents at least 20 percent of, the total radiation power emitted between 250 and 800 nanometers.
(iv) A lamp designed and marketed exclusively for the generation of ozone where the primary purpose is to emit radiation at approximately 185.1 nanometers.
(v) A lamp designed and marketed exclusively for coral zooxanthellae symbiosis from which the radiation power emitted between 400 and 480 nanometers represents at least 40 percent of the total radiation power emitted between 250 and 800 nanometers.
(vi) Any lamp designed and marketed exclusively for use in a sunlamp product, as defined in section 1040.20(b)(9) of subchapter J of title 21 of the Code of Federal Regulations, as in effect on the date of enactment of this Act.
(m) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively for use in medical or veterinary diagnosis or treatment, or in a medical device.
(n) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively for use in the manufacturing or quality control of pharmaceutical products.
(o) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively for spectroscopy and photometric applications, such as UV-visible spectroscopy, molecular spectroscopy, atomic absorption spectroscopy, nondispersive infrared (NDIR), Fourier transform infrared (FTIR), medical analysis, ellipsometry, layer thickness measurement, process monitoring, or environmental monitoring.
(p) Sections (d)(1) and (d)(2) do not apply to a lamp used by academic and research institutions for conducting research projects and experiments.
(q) The department may cause periodic inspections to be made of distributors or retailers in order to determine compliance with (d)(1) and (d)(2). The department shall investigate complaints received concerning violations of (d)(1) and (d)(2).
(r) If the department finds that any person has committed a violation of any provision of (d)(1) or (d)(2), the department shall issue a warning to such person. Any person who commits a violation after the issuance of such warning shall be subject to a civil penalty, issued by the department, of up to one hundred dollars for each offense. Any further violations committed by such person after this second violation shall be subject to a civil penalty of not more than five hundred dollars for each offense. Each lamp offered, sold, or distributed in violation of (d)(1) or (d)(2), each violation shall constitute a separate offense, and each day that such violation occurs shall constitute a separate offense.
(s) If the department finds repeated violations have occurred, it shall report the results of such violations to the Attorney General. The Attorney General may institute proceedings to seek an injunction in state court to enforce the provisions of (d)(1) or (d)(2).
(t) The department may adopt such further regulations as necessary to ensure the proper implementation and enforcement of the provisions of (d)(1) and (d)(2).
SECTION 4. The department of energy resources shall consult with the department of public utilities, the administrators of energy efficiency programs established under section 19 of chapter 25, and municipal lighting plants to offer incentives and rebates to offset the costs for converting to high-efficiency lighting technologies for eligible homeowners. Eligible homeowners shall include any homeowner in the commonwealth that:
(a) resides in a house or apartment or other unit of housing built over 50 years before the current date; and
(b) resides in a home with light ballasts incompatible with non-mercury containing light bulbs or lamps.
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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 a cranberry wetland mitigation bank
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S539
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SD1707
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:33:28.947'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:33:28.9466667'}, {'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-19T19:39:22.27'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-15T09:50:24.2266667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-15T16:58:57.74'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-15T16:58:57.74'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-16T14:01:34.1566667'}]
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 539) of Susan L. Moran, William M. Straus, Michael D. Brady, Mathew J. Muratore and other members of the General Court for legislation relative to a cranberry wetland mitigation bank. Environment and Natural Resources.
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SECTION 1. (a) For the purposes of this section the term “Bank Credits” or “Credits”, shall mean the 1 or more units of trade that quantifies and represents the environmental value of the mitigation bog land, as determined by acreage, location, natural resource purpose and natural habitat value, or other uniform method of assessment, as established under program rules.
(b) Notwithstanding any general or special law to the contrary, the executive office of energy and environmental affairs shall establish a cranberry wetlands mitigation banking pilot program. The purpose of the program is to provide off-site mitigation for public and private projects to comply with orders of conditions or variances issued in accordance with the Wetlands Protection Act under section 40 of chapter 131 of the General Laws and related regulations under 310 CMR 10.00.
The off-site mitigation of wetlands under the program shall be located on approved cranberry bog lands considered in agricultural use under said regulations.
(c) All project sites that require mitigation and bog lands used for off-site mitigation under the program shall be located in the South Coastal, Taunton, or Buzzards Bay regional watersheds that lie within the respective counties of Bristol and Plymouth.
(d) The use of bog land for off-site mitigation shall require the approval of the executive office of energy and environmental affairs. Such approved bog land may include the 100 foot wide buffer zone land area around the bog; provided, the use of buffer zone land for off-site mitigation shall exclude any part of the area: (1) not owned by the bog landowner, (2) within a 100 feet of another bog of the landowner that is in agricultural use under said regulations and not approved or proposed for off-site mitigation, or (3) necessary for current and future uses, including access roads and other improvements.
Bog land used for off-site mitigation may also include any increase of the bog area under a predetermined plan to renovate and expand the existing wetland.
No approval shall take effect, unless the bog landowner and the secretary of energy and environmental affairs confirm by written agreement to the use of the specific bog land for off-site mitigation, allowable bank credits, and any other terms and conditions required by this section or by a rule adopted under the subsection (h).
(e) For approval of bog land for off-site mitigation, the landowner shall be required to grant a permanent conservation restriction or easement of such land to a qualified government entity or non-profit organization that commonly holds conservation restrictions in the commonwealth. Any restriction granted by a landowner shall be conditional, to take effect upon the first use or trade of one or more bank credits from the mitigation bank for such bog land. The terms of the restriction or easement shall be subject to approval by the secretary of energy and environmental affairs; provided however, such terms shall include a prohibition on the agricultural use of the land. The terms of the conservation restriction or easement shall be part of the agreement between the landowner and secretary under the prior subsection.
A landowner may grant a conservation restriction or easement to a qualified government entity or non–profit organization that acts as a bank agent for the mitigation bank for the owner’s bog land, or approves the land for off-site mitigation.
(f) The establishment of a mitigation site shall also be subject to the approval of the local conservation commission having jurisdiction.
(g) Bank credits from a mitigation bank shall be available only in exceptional circumstances and after full consideration of all regulatory requirements to avoid, minimize and mitigate a public or private project’s impacts on-site, to the fullest extent, are not practicable or less beneficial environmentally as determined by the local conservation commission having jurisdiction of the project. A local conservation commission may send a project to a mitigation bank that meets the requirements of the program, provided the landowner of the project consents in writing.
(h) Within 150 days after the effective date of this act, the executive office of energy and environmental affairs shall adopt written rules for the administration and procedures of the program, to include without limitation, uniform policies for the approval of bog lands as mitigation sites, the method to determine the value of bank credits, and the qualifications and requirements of banker agents of mitigation banks. As necessary, the executive office of energy and environmental affairs may upon 60 days advance public notice, amend or repeal such rules. The adoption, amendment or repeal of program rules shall not be subject to the provisions of section 2 through 9, inclusive, of chapter 30A of the General Laws. Such rules in effect shall comply with any applicable federal laws and regulations for wetland banking. The executive office of energy and environmental affairs shall post on its public website all program rules.
For the purposes limited to the program, the executive office of energy and environmental affairs may establish rules that (1) preempt municipal wetland protection by-laws or ordinances, and (2) waive the requirement that bog mitigation sites be approved by local conservation commissions, notwithstanding the provisions of subsection (f).
(i) There shall be established an advisory committee to make recommendations to the executive office of energy and environmental affairs on establishing uniform administrative procedures, rules and policies for the program. The committee’s recommendations shall include, without limitation, advice on policies related to the approval of off-site mitigation bog lands, operation and administration of mitigation banks, and bank credit valuations of land. The committee shall consist of the following 7 members: the secretary of energy and environmental affairs, or his designee, who shall serve as chairman; the commissioner of the department of agricultural resources, or his designee; the commissioner of the department of environmental protection, or his designee; the commissioner the department of fish and game, or his designee; and 3 members to be appointed by the secretary of energy and environmental affairs, 1 of whom shall be a member of a municipal conservation commission; 1 of whom shall be a representative of an association of cranberry growers in the commonwealth, and 1 of whom shall be a cranberry grower with bog lands in Bristol or Plymouth county. The appointment of committee members shall be for the term of the advisory committee. Any person appointed to fill a vacancy on the committee shall be appointed in a like manner; and shall serve for only the unexpired term of the member who vacated. Appointments to the committee shall be made within 60 days after the effective date of this act. The term of the advisory committee shall expire 2 years from the effective date of this act.
(j) Within 30 days after the adoption of the rules as provided in subsection (g), the executive office of energy and environmental affairs shall issue a request for proposals for the selection of a contractor with knowledge of state and federal wetland protection laws and regulations, cranberry agriculture and said regional watersheds, to serve as the initial bank agent of a combined bog land mitigation bank and to assist with the administration and monitoring of the program. The term of the initial bank agent shall be for a period of not less than 1 year.
Within 90 days of issuing the request for proposals, the executive office of energy and environmental affairs shall select the initial bank agent. The request for proposals and selection of the initial bank agent shall not be subject to the provisions of chapter 30B of the General Laws.
The executive office of energy and environmental affairs and the initial bank agent, shall develop an agreement for the use and transfer of bank credits from the combined bank. The agreement shall be subject to the review and approval of the inspector general.
Compensation for the services of the initial bank agent may be paid from administrative fees collected from landowners of bog mitigation sites and project users of the mitigation bank.
(k) Notwithstanding the provisions of the prior subsection, a bog landowner may only after the first year of the initial bank agent’s term, utilize any qualified non-profit organization, or private entity or person to establish a separate mitigation bank and act as bank agent for such owner’s approved bog lands.
(l) The executive office of environmental affairs no later than March 1 of each year, shall file an annual report that provides an assessment of the program for the prior calendar year, with the senate and house chairpersons of the joint committee on environment, natural resources and agriculture. Each report shall contain information about bog lands accepted for off-site mitigation including information on the amount, acreage, location and types of wetlands restored and credits issued or traded, and list of all projects utilizing bog site bank credits, and the environmental effectiveness of mitigation banks in protecting wetland resources under the program. A report shall be filed for each year the program is in existence.
SECTION 2. Subsections (a) through (l), inclusive, of section 1 shall be repealed 5 years from the effective date of this act; except, subsection (l) of said section 1 shall be repealed on March 1 next occurring from the date said other subsections are repealed.
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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 for interstate commerce of cannabis seeds
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S54
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SD1917
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T06:28:33.713'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T06:28:33.7133333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-20T10:35:09.95'}]
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 54) of Paul W. Mark and Anne M. Gobi for legislation relative to interstate commerce of cannabis seeds. Cannabis Policy.
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SECTION 1. Section 1 of Chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in line 237 by striking the following words:- the seeds thereof;
SECTION 2. Section 1 of Chapter 94C, as so appearing, is hereby further amended in lines 244 to 245 by striking out the words “or the sterilized seed of the plant which is incapable of germination” and replacing therein with the following words:- the sterilized seed of the plant which is incapable of germination, or the seeds of the plant Cannabis sativa L.
SECTION 3. Section 1 of Chapter 94G of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended in lines 77 to 78 by striking the following words:- the seeds thereof;
SECTION 4. Section 1 of Chapter 94G, as so appearing, is hereby further amended in line 89 after the word “products” the following words:- or (iv) the seeds of any plant of the genus Cannabis.
SECTION 5. Section 1 of Chapter 94I of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended in line 45 by striking the following words:- “the seeds thereof;”
SECTION 6. Section 1 of Chapter 94I, as so appearing, is hereby further amended in line 57 after the word “products” the following words:- or (iv) the seeds of any plant of the genus cannabis.
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An Act empowering towns and cities to protect residents and the environment from harmful pesticides
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S540
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SD1729
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:41:53.55'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:41:53.55'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-30T10:36:28.2733333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T15:15:10.53'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-02T15:56:53.2033333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-06T19:03:47.8166667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-15T09:49:49.1166667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T14:01:00.6733333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-03-02T09:21:06.23'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T09:21:06.23'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-04-03T15:49:50.5133333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-05-11T13:17:28.5766667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-17T16:22:04.7933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S540/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 540) of Susan L. Moran, Carmine Lawrence Gentile, Vanna Howard, Joanne M. Comerford and other members of the General Court for legislation to empower towns and cities to protect residents and the environment from harmful pesticides. Environment and Natural Resources.
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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 protecting the upper Cape water supply reserve
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S541
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SD1731
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:44:01.51'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:44:01.51'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S541/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 541) of Susan L. Moran for legislation to protect the upper Cape water supply reserve. Environment and Natural Resources.
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Section 5 of Chapter 47 of the Acts of 2002 (“An Act relative to the Environmental Protection of the Massachusetts Military Reservation”) is hereby amended by adding at the end thereof the following:-
In evaluating any proposal for new or expanded activity within the Reserve that requires ten acres or more of habitat destruction or clearcutting of forested land, the Commission shall take no action prior to receiving written recommendations from (a) the Community Advisory Council; (b) the Science Advisory Council; (c) the Upper Cape Regional Water Supply Cooperative and (d) the Cape Cod Commission, as to whether the proposed activity violates any of the environmental performance standards included in the final environmental impact report regarding activities on the Reserve, or whether adjustment of the environmental performance standards is warranted.
If, following receipt of the aforesaid recommendations, the Commission determines (a) that the proposed activity does not violate said standards, or (b) adjusting said standards is warranted, the Commission shall hold, at minimum, a public hearing on its proposed determination in Sandwich, Mashpee, Falmouth, or Bourne, prior to publishing a notice of availability of the proposed adjustment.
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An Act establishing safe paint stewardship
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S542
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SD1749
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T15:11:08.323'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T15:11:08.3233333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-15T09:47:55.6866667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-10T15:27:05.7533333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-05-01T14:28:37.05'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-30T13:31:09.9433333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-06-08T11:40:31.9366667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-07-05T13:59:39.38'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-07-05T13:59:39.38'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-17T13:23:26.44'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-09-11T14:32:30.6166667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-09-11T14:32:30.6166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S542/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 542) of Susan L. Moran and Mathew J. Muratore for legislation to establish safe paint stewardship. 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, service 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 commonwealth 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, 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 representative 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) On an annual schedule to be determined in the program plan, the manufacturer or representative organization shall submit a report to the commissioner that details the program. The department may extend the time for submission of the annual report for cause shown. The annual 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 12 months after the effective date of this act. 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, 2023 and annually thereafter. The department may extend the time for submission of the annual report for cause shown.
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An Act relative to equitable protection of clean water
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S543
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SD1776
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T15:20:45.34'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T15:20:45.34'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S543/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 543) of Susan L. Moran for legislation relative to equitable protection of clean water. Environment and Natural Resources.
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SECTION 1. (a) For the purposes of this act, the following definitions shall apply:
“Department”, the department of environmental protection.
“NSA” or “NSAs”, nitrogen-sensitive areas, as designated by the department.
(b) Notwithstanding any general or special law to the contrary, the department of environmental protection shall not require existing septic systems regulated under Title 5 of the environmental code to be upgraded to incorporate Best Available Nitrogen Reducing Technology unless and until:
(1) the department has approved for general use one or more systems that reliably achieve nitrogen reductions below 10 mg/l;
(2) the department certifies that a remote monitoring technology is available and affordable for general use;
(3) a regional Responsible Management Entity has been established and is available to affected municipalities; and
(4) the property in question is sold or the septic system on the property must be replaced.
(c) Any municipality with a Comprehensive Wastewater Management Plan (CWMP) or Targeted Watershed Management Plan (TWMP) approved through the Massachusetts Environmental Policy Act Office review process which sets forth the municipality’s implementation plan to address nitrogen reductions in its nitrogen-sensitive areas shall be considered to be in compliance with Title 5 of the state environmental code and shall not need to obtain a Watershed Permit for the duration of said plan.
(d) Any municipality within which two or more NSAs are located for which there are no approved Comprehensive Wastewater Management Plans or Targeted Watershed Management Plans shall be eligible to apply for a Watershed Permit that encompasses more than one NSA. The department shall evaluate such application without prejudice and evaluate such an application on the same merits as applications for Watershed Permits encompassing a single NSA.
(e) Any municipality that has achieved at least 75% of the required nitrogen reductions for a certain NSA, as determined by the Massachusetts Estuaries Project’s present watershed and target threshold watershed loads shall be considered to be in compliance with Title 5 of the state environmental code and shall not be required to obtain a Watershed Permit for that NSA. The department may require documentation of such reductions from the municipality.
(f) No Watershed Permit shall require annual reporting, but the department may impose a quinquennial reporting requirement. Any time frame for achieving 75% of nitrogen reduction in a NSA may be extended to 30 years at the request of the municipality, provided that the town can show reasonable progress toward the 75% goal.
SECTION 2. Chapter 29C of the General Laws is hereby amended by inserting, after section 20, the following section:-
Section 21. Watershed Management Loan Program
There shall be a watershed management loan program administered by the department of environmental protection. The program shall offer zero-interest loans to eligible loan applicants.
Eligible loan applicants shall be municipalities in which there exist any nitrogen sensitive areas, as designated by the department of environmental protection.
Eligible loan applicants may apply for multiple loans under this program, provided, however, that a loan applicant may not apply for more than 15 loans.
Funding distributed pursuant to this section shall not exceed 250 thousand dollars per loan.
The terms of repayment for loans distributed pursuant to this section shall not be less than 50 years from the date of disbursement of the loan funding. In the event that a loan applicant secures multiple loans from the department of environmental protection, the date due for full repayment of any loan shall not be within 20 years of any other date due for full repayment of another loan.
The department shall give preference to loan applicants with more nitrogen sensitive areas within the borders of the municipality, in the case of limited available funds.
The department shall promulgate regulations for the administration of this section.
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An Act relative to funding clean water in nitrogen sensitive areas
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S544
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SD2317
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-20T15:40:00.987'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-20T15:40:00.9866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S544/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 544) of Susan L. Moran for legislation to fund clean water in nitrogen sensitive areas. Environment and Natural Resources.
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Notwithstanding any general or special law to the contrary, $185,000,000 shall be transferred from the General Fund to the Cape Cod and Islands Water Protection fund, established under section 19 of chapter 29C of the General Laws, for costs associated with planning and implementing water pollution abatement projects for the purpose of complying with title 5 of the state environmental code in any watershed designated as a nitrogen sensitive area by the department of environmental protection; provided, that all funds allocated by this act shall be distributed proportionally to municipalities according to the number of watersheds designated as nitrogen sensitive areas within the borders of each municipality. Water pollution abatement projects may include funding expended to support the community septic management loan program to provide subsidies or loans to qualified borrowers.
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An Act relative to the board of registration of hazardous waste site cleanup professionals
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S545
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SD327
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:54:25.69'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:54:25.69'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S545/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 545) of Patrick M. O'Connor for legislation to establish the board of registration of hazardous waste site cleanup professionals. Environment and Natural Resources.
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SECTION 1. Chapter 21A of the General Laws is hereby amended by striking out section 19A and inserting in place thereof the following section:-
Section 19A. There is hereby established within the executive office of environmental affairs the board of registration of hazardous waste site cleanup professionals. The board shall consist of 11 members.
One member, who shall be the chairman of the board, shall be the commissioner of the department or a designee; provided, that said designee shall be a full-time employee of the department at all times while he or she is so designated. The designee shall have legal experience serving in an administrative judiciary role or with the environmental crimes strike force within the office of the attorney general.
The governor shall appoint 10 members of the board:
Three of whom shall be hazardous waste site cleanup professionals licensed by the board at all times while they are members of the board effective consistent with the current board administration: 1 of whom shall be a hydrogeologist; 1 of whom shall be a professional civil engineer licensed by and practicing in the commonwealth with experience as a hazardous waste site cleanup professional; and 1 of whom shall be a hazardous waste site cleanup professional with extensive experience in the petroleum underground storage tank and distribution industry, including residential homes. The members appointed pursuant to this paragraph shall have significant experience in the assessment or redemption of sites contaminated with petroleum and hazardous materials;
One of whom shall be a citizen of the commonwealth who owns or has owned a single family residence heated by petroleum;
One of whom shall be a representative of a non-profit public interest environmental organization that promotes the protection of the environment;
One of whom shall be a licensed construction supervisor and a representative of the homebuilding industry;
One of whom shall be a banking official active in providing mortgage loans to for residential and commercial real estate in the commonwealth, including a full-time environmental due diligence officer employed by a Massachusetts bank;
One of whom shall be an active member of the bar of this commonwealth with experience in real estate or environmental compliance;
One of whom shall be an active member of a municipal fire department who serves as a capacity of fire chief or in an office of fire prevention and has participated in the removal and replacement of underground storage tanks at residential and commercial real estate properties; and
One of whom shall be a full-time employee of the bureau of waste site cleanup in the department of environmental protection with experience investigating sites.
The governor shall appoint an alternate hazardous waste site cleanup professional to serve as an alternate in the case of the resignation of a hazardous waste site cleanup professional member to ensure 3 active hazardous waste site cleanup professionals serve the board. The alternate shall serve in the absence of a hazardous waste site cleanup professional member to ensure 3 hazardous waste site cleanup professional members serve the board.
The members of the board and the alternate appointed by the governor shall serve without compensation. No member of the board shall serve for more than 1 4-year term; provided, however, that a member may also serve as an alternate or for 1 partial term. . After the expiration of such term, the alternate shall be appointed to as 1 of the hazardous waste site cleanup professional members. A member of the board appointed by the governor whose term has expired shall continue to be a member of the board until his or her successor is appointed and qualified, at which time the successor shall complete the unexpired portion of the term.
Subject to appropriation, the secretary of the executive office of environmental affairs shall employ such staff and other persons as are required to assist the secretary or the board, or both, in the performance of their functions or duties pursuant to sections 19J, including, without limitation, administrative law judges who may conduct adjudicatory proceedings held pursuant to sections 19 to 19J, inclusive; provided, that the board shall make all final decisions in such adjudicatory proceedings.
SECTION 2. The governor shall remove all members of the board of registration of hazardous waste site cleanup professionals, except 3 hazardous waste site cleanup professional members, and appoint members with the qualifications described in section 1; provided, however, that the current chair of the board shall remain in such position at the chair’s discretion for a period not to exceed 3 years; and provided, further that at the commissioner’s discretion, the commissioner may appoint a chair with the qualifications described in section 1 to serve as co-chair with the chair holding such position on the effective date of this act.
SECTION 3. This act shall take effect 6 months after its passage.
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An Act relative to community preservation funds for coastal infrastructure
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S546
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SD485
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:27:35.74'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:27:35.74'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S546/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 546) of Patrick M. O'Connor for legislation relative to community preservation funds for seawall repairs. Environment and Natural Resources.
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SECTION 1. Section 6 of chapter 44B of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 6, the word “and”.
SECTION 2. Section 6 of chapter 44B of the General Laws,as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “housing”, in line 7, the following words:-
"and in coastal communities that adopt the provisions of this act, not less than 10 per cent for the preservation of public infrastructure through beach nourishment, dune restoration, and seawall maintenance and reconstruction."
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An Act to protect open space, historical resources, and community housing from coastal threats
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S547
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SD1102
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:39:06.96'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:39:06.96'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S547/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 547) of Patrick M. O'Connor for legislation relative to community preservation funds for seawall repairs. Environment and Natural Resources.
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SECTION 1. Section 2 of chapter 44B, as appearing in 2014 Official Edition, is hereby amended by striking out the definition "preservation" 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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[]
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[]
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An Act protecting dogs at boarding kennels and daycare facilities
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S548
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SD1131
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:55:50.127'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:55:50.1266667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-24T11:17:02.82'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-07T13:46:43.3333333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T15:03:44.9366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S548/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 548) of Patrick M. O'Connor, James K. Hawkins and Jack Patrick Lewis for legislation relative to rules and regulations governing boarding kennels and daycare facilities for dogs. Environment and Natural Resources.
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Chapter 140 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding after Section 174F, the following new 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 qualifications and development, provider/dog ratios and interaction, group sizes and supervision, minimum housing and care requirements, indoor and outdoor physical facility requirements, utilities, dog handling, body language interpretation, breed familiarity, emergency response training, insurance, and penalties for violation thereof.
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[]
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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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S549
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SD1393
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T15:31:16.377'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T15:31:16.3766667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-20T14:24:45.76'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T11:18:18.29'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T14:15:09.8466667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T11:54:11.9766667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-14T11:40:23.69'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-24T11:17:10.8533333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-03T14:35:57.63'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-06T15:11:32.8166667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-03-06T15:11:32.8166667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-06T16:42:51.4133333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T10:18:07.1733333'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-03-14T11:45:35.36'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T12:15:14.47'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-06-12T17:01:54.35'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S549/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 549) of Patrick M. O'Connor, Adam Scanlon, Jack Patrick Lewis, Michael O. Moore and other members of the General Court for legislation to ban the retail sale of dogs, cats, and rabbits 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 equitable allocation of cannabis revenue
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S55
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SD2097
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T13:17:57.127'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T13:17:57.1266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S55/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 55) of Liz Miranda for legislation relative to equitable allocation of cannabis revenue. Cannabis Policy.
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SECTON 1. Section 14(b) of chapter 94G of the General Laws is hereby amended by striking out paragraph "Thereafter, money in the fund shall be expended for: (i) public and behavioral health including but not limited to, evidence-based and evidence-informed substance use prevention and treatment and substance use early intervention services in a recurring grant for school districts or community coalitions who operate on the strategic prevention framework or similar structure for youth substance use education and prevention; (ii) public safety; (iii) municipal police training; (iv) the Prevention and Wellness Trust Fund established in section 2G of chapter 111; and (v) programming for restorative justice, jail diversion, workforce development, industry specific technical assistance, and mentoring services for economically-disadvantaged persons in communities disproportionately impacted by high rates of arrest and incarceration for marijuana offenses pursuant to chapter 94C. ", as so appearing, and inserting in place thereof the following:-
Thereafter, money in the fund shall be expended for: (i) public and behavioral health including but not limited to, evidence-based and evidence-informed substance use prevention and treatment and substance use early intervention services in a recurring grant for school districts or community coalitions who operate on the strategic prevention framework or similar structure for youth substance use education and prevention; (ii) the Prevention and Wellness Trust Fund established in section 2G of chapter 111; and (iii) programming for restorative justice, jail diversion, workforce development, industry specific technical assistance, and mentoring services for economically-disadvantaged persons in communities disproportionately impacted by high rates of arrest and incarceration for marijuana offenses pursuant to chapter 94C.
SECTION 2. Section 14 of said chapter 94G, as so appearing, is hereby amended by striking the words "15 percent" and inserting in their place the words- "50 percent."
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[]
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An Act banning the retail sale of dogs, cats, and rabbits in pet shops
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S550
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SD1395
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T15:33:57.993'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T15:33:57.9933333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T11:54:03.5533333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-13T10:49:06.9733333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-14T11:40:29.5966667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-21T15:43:28.2366667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-03T14:36:05.5966667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-03-14T10:47:57.94'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-06-12T16:49:18.25'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S550/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 550) of Patrick M. O'Connor, Angelo J. Puppolo, Jr., Steven S. Howitt, John F. Keenan and other members of the General Court for legislation banning the retail sale of dogs, cats, and rabbits in 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, cat, or rabbit.
(c) Subsection (b) shall not be construed to prohibit a pet shop from offering space to an animal rescue or shelter organization to showcase dogs, cats, or rabbits for adoption so long as the pet shop does not have an ownership interest in the animals offered for adoption.
(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. This act shall go into effect 90 days after its passage.
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An Act relative to paint recycling
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S551
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SD1482
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T22:03:15.833'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T22:03:15.8333333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-13T10:49:14.7366667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-13T10:18:16.7066667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-03-16T09:57:35.36'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-05-01T13:43:02.98'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-25T15:02:13.3066667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-06-06T15:00:00.8166667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-06-20T10:25:05.0733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-06-21T11:37:36.8166667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-09-08T11:05:19.8766667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-10-02T15:03:43.6933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S551/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 551) of Patrick M. O'Connor and Mathew J. Muratore for legislation relative to paint recycling. 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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