Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1129 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 99 FILED ON: 1/9/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1129
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jeffrey N. Roy
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the remediation of home heating oil releases.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey N. Roy10th Norfolk1/4/2023Lindsay N. Sabadosa1st Hampshire2/14/2023 1 of 3
16	16	HOUSE DOCKET, NO. 99 FILED ON: 1/9/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1129
18	18	By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1129) of Jeffrey
19	19	N. Roy and Lindsay N. Sabadosa relative to homeowners insurance coverage for the remediation
20	20	of home heating oil releases. Financial Services.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to the remediation of home heating oil releases.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 175 of the General Laws is hereby amended by striking out section
30	30	24D, as appearing in the 2020 Official Edition, and inserting in place thereof the following
31	31	3section:-
32	32	4 Section 4D. (a) As used in this section, the following words shall have the following
33	33	5meaning unless the context clearly requires otherwise:
34	34	6 “Liquid fuel tank”, a tank in which heating oil is stored and from which heating oil is
35	35	7delivered or pumped through a fuel supply line to an oil burner, whether located within a
36	36	8dwelling or other structure, including tanks installed at or below grade level or located outdoors
37	37	9but excluding underground tanks wherever located.
38	38	10 “Residential property”, a 1-unit to 4-unit dwelling used for living or sleeping. 2 of 3
39	39	11 (b) (1) The joint underwriting association formed pursuant to section 4 of chapter 175C
40	40	12and any insurer licensed to write and engaged in the writing of homeowners’ insurance shall
41	41	13provide the following coverage to owners of residential property to whom a homeowners’
42	42	14insurance policy is issued or renewed: (i) first-party property coverage for response action costs
43	43	15incurred under chapter 21E or chapter 21K or any regulation promulgated pursuant to said
44	44	16chapter 21E or chapter 21K and property damage on the insured’s residential property caused by
45	45	17or in response to a release of heating oil from a residential liquid fuel tank or any piping, fuel
46	46	18supply lines, equipment or systems connected thereto; and (ii) liability coverage for third-party
47	47	19claims arising out of a release of heating oil into the environment.
48	48	20 (2) For the purposes of this section, first-party property coverage shall include
49	49	21response action costs incurred to assess and remediate a heating oil release impacting soil, indoor
50	50	22air or other environmental media on the insured’s residential property and the reimbursement of
51	51	23any associated personal property damage. For the purposes of this section, third-party liability
52	52	24coverage shall include: (i) the obligation to defend the insured at the insurer’s expense against
53	53	25third-party claims; provided, however, that such defense obligation shall include coverage for
54	54	26costs incurred to investigate the source and extent of the release of heating oil; and (ii) response
55	55	27action costs incurred to address conditions on and off the insured’s residential property arising
56	56	28from a heating oil release on the insured’s residential property that has impacted, or is likely to
57	57	29impact, groundwater or has migrated to, or is likely to migrate to, a third-party’s property.
58	58	30 (3) First-party property coverage and third-party liability coverage shall apply
59	59	31simultaneously and in addition to each other when both coverages are applicable. Insurers may
60	60	32include a reasonable charge for such coverage in premiums applicable to all homeowners'
61	61	33insurance policies The minimum coverage shall be $75,000 per occurrence for first-party 3 of 3
62	62	34property coverage and $250,000 per occurrence for third-party liability coverage, subject to a
63	63	35reasonable deductible not to exceed $1,000 per claim.
64	64	36 (c) Notwithstanding subsection (b), the joint underwriting association and an insurer may
65	65	37include an exclusion in homeowners’ insurance policies from the coverages required pursuant to
66	66	38said subsection (b) where the heating oil release would not have occurred but for the owner’s
67	67	39failure to comply with the requirements of said subsection (b) or subsection (c) of section 38J of
68	68	40chapter 148, or any regulations promulgated pursuant to said subsection (b) or said subsection (c)
69	69	41of said section 38J of said chapter 148; provided, however, that the joint underwriting association
70	70	42or insurer has provided an annual written notice to the insured that explains, in at least 16-point
71	71	43type, such requirements under said chapter 148, and any regulations promulgated thereto, on a
72	72	44separate form approved by the division of insurance.
73	73	45 SECTION 2. This act shall apply to policies issued or renewed on or after January 1,
74	74	462024.