Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4807

Introduced
7/1/24  

Caption

Relative to liquid or gas flammable material spills on public ways

Impact

The bill significantly alters existing statutes by adding stringent requirements on commercial motor vehicle operators and suppliers in an effort to mitigate environmental hazards. By amending Chapter 85 and Chapter 90 of the General Laws, the bill requires companies to obtain surety bonds to ensure they can cover the costs of cleanup and remediation efforts following a spill. Additionally, municipalities will benefit as they will receive civil penalties imposed on violators, empowering local governments to enforce environmental compliance and manage the consequences of spills more effectively.

Summary

House Bill 4807 introduces regulations concerning the handling and spillage of liquid or gas flammable materials on public ways in Massachusetts. The bill establishes penalties for commercial motor vehicle operators who spill gasoline, oil, or other flammable substances into surface water or groundwater. Notably, the bill imposes civil penalties of up to $20,000 for each violation, while specifying that continuous violations can accrue separate penalties on a daily basis. It mandates that the Attorney General may take action for injunctive relief against offenders, reinforcing the state's commitment to protecting public health and safety from hazardous materials.

Contention

Discussion around HB 4807 may arise regarding the potential burden it places on commercial operators, particularly concerning the financial implications of the surety bond requirements. Some stakeholders might view the punitive measures as overly harsh or maintain that they could adversely affect small businesses within the sector. Furthermore, the necessity of the Secretary of Public Safety conducting a study on spill causes and prevention strategies could lead to varied opinions on the efficacy and fairness of the legislation, as it seeks to balance commercial interests with environmental safety.

Additional_notes

This bill underscores a proactive stance towards preventing environmental contamination from hazardous materials, addressing both immediate cleanup responsibilities and long-term ecological impacts by instituting clear penalties and requiring financial assurances from those involved in the transport of flammable materials. The requirement for studies to analyze wage structures of commercial drivers could uncover deeper systemic issues related to spill incidents and operational pressures.

Companion Bills

MA H1563

Similar To Relative to aggressive panhandling on or adjacent to public ways

MA H3269

Similar To To enhance agricultural operations

MA H3472

Similar To Relative to loading and alighting vehicles from car carriers on public ways

MA H3323

Replaces Relative to liquid or gas flammable material spills on public ways

Similar Bills

OR HB2426

Relating to the dispensing of Class 1 flammable liquids; and declaring an emergency.

MA H3323

Relative to liquid or gas flammable material spills on public ways

OR SB705

Relating to the dispensing of Class 1 flammable liquids; declaring an emergency.

MA H2622

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OR HB4151

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OR HB3478

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CA AB2998

Consumer products: flame retardant materials.