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| 2 | 2 | | HOUSE DOCKET, NO. 4029 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1448 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Michael S. Day, (BY REQUEST) |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to Improve enforcement of environmental quality. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Vincent L. Dixon60 Lake St. Unit N, Winchester |
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| 16 | 16 | | Massachusetts 01890 |
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| 17 | 17 | | 1/20/2023 1 of 3 |
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| 18 | 18 | | HOUSE DOCKET, NO. 4029 FILED ON: 1/20/2023 |
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| 19 | 19 | | HOUSE . . . . . . . . . . . . . . . No. 1448 |
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| 20 | 20 | | By Representative Day of Stoneham (by request), a petition (accompanied by bill, House, No. |
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| 21 | 21 | | 1448) of Vincent L. Dixon relative to the enforcement of laws and legal regulations related to |
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| 22 | 22 | | public health, environmental pollution, and environmental justice. The Judiciary. |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act to Improve enforcement of environmental quality. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION I. – The Massachusetts General Laws are hereby amended by inserting the |
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| 32 | 32 | | 2following new chapter: |
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| 33 | 33 | | 3 Citizen Environmental Negligence – Right of Action Act |
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| 34 | 34 | | 4 PURPOSE – Public Policy requires various avenues of enforcement, that provide |
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| 35 | 35 | | 5enforcement of laws, and legal regulations, including those that relate to Public Health, |
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| 36 | 36 | | 6Environmental Pollution, and Environmental Justice. |
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| 37 | 37 | | 7 SECTION II. – Any individual, community, or local organization, negatively damaged, |
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| 38 | 38 | | 8by Specific Environmental Pollution (SEP), may bring a Civil Action, in a District Court of The |
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| 39 | 39 | | 9Commonwealth of Massachusetts; without respect to the amount of controversy, citizenship of |
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| 40 | 40 | | 10the parties, or possibility of other regulatory and/or administrative remedy; seeking redress, by |
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| 41 | 41 | | 11order, compensation, and/or other appropriate legal action. 2 of 3 |
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| 42 | 42 | | 12 Such Specific Environmental Pollution (SEP), which may be either evidently deliberate; |
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| 43 | 43 | | 13and/or apparently unintentional, but causing negligent harm, can be addressed, in court actions; |
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| 44 | 44 | | 14and those persons, communities, and organizations having suffered negative damage, may |
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| 45 | 45 | | 15receive appropriate compensation, and/or remedial actions. |
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| 46 | 46 | | 16 SECTION III-A. – A Right Of Action (ROA) brought by such party, or parties, with |
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| 47 | 47 | | 17sufficient standing, based on actual, or sufficient evidence of harm, shall be entitled to an |
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| 48 | 48 | | 18attorney, appointed by a District Court; and such court, may appoint appropriate legal counsel, |
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| 49 | 49 | | 19and authorize initiation of legal action. |
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| 50 | 50 | | 20 SECTION III-B. – Definition of Forms of Action – Actions Brought Under This Statute |
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| 51 | 51 | | 21 Such actions, may be specified, as individual Rights Of Action (ROA); Community |
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| 52 | 52 | | 22Rights Of Action (CRA); and/or Class Actions. |
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| 53 | 53 | | 23 SECTION IV – Definition of Damages, And/Or Remedial Requirements |
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| 54 | 54 | | 24 If a Court determines that a Corporation, Individual, Organization, or other entity, has |
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| 55 | 55 | | 25deliberately, or unintentionally caused environmental harm, that violates laws, and regulations, |
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| 56 | 56 | | 26of The Commonwealth of Massachusetts, damages may be awarded, and/or Specified Remedial |
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| 57 | 57 | | 27Required Actions, may be ordered. |
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| 58 | 58 | | 28 In the circumstances of individual harm, and/or community, or organizational impact |
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| 59 | 59 | | 29(such as schools, or other locations), damages of at least $1000, |
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| 60 | 60 | | 30 per infraction (such as, but not limited to, individual daily instances of, polluting water, |
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| 61 | 61 | | 31air, soil, and/or other circumstances), may be ordered. 3 of 3 |
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| 62 | 62 | | 32 Specified Remedial Required Actions (SRRA) may be ordered, as needed, either by |
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| 63 | 63 | | 33themselves, and/or distinct from specific award of negligent damages. |
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