Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H741 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. 1755 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 741
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James Arciero
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 on-site sewage disposal systems.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:James Arciero2nd Middlesex1/17/2023 1 of 2
16	16	HOUSE DOCKET, NO. 1755 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 741
18	18	By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 741) of
19	19	James Arciero relative to on-site sewage disposal systems. Environment and Natural Resources.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 845 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to on-site sewage disposal systems.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 13 of chapter 21A of the Massachusetts General Laws, as
31	31	2appearing in the 2012 official edition, is hereby amended by striking out the first paragraph and
32	32	3inserting in place thereof the following paragraph:-
33	33	4 A board of health may adopt a local on-site sewage disposal systems regulation, only to
34	34	5the extent that it imposes standards or other requirements that are more stringent than or
35	35	6otherwise exceed those set forth in Title 5 of the State Environmental Code, 310 CMR 15.000,
36	36	7and only if, prior to adoption by the board of health, the Department of Environmental Protection
37	37	8shall review and approve any such proposed on-site sewage disposal systems regulation based
38	38	9upon findings that the proposed regulation has a generally recognized scientific basis, is a
39	39	10recommended best practice technique, is necessary to protect unusual local resources that 2 of 2
40	40	11warrant special or enhanced protection, and does not conflict with Title 5 of the State
41	41	12Environmental Code, 310 CMR 15.000. An appeal of a decision made under a local wetlands
42	42	13ordinance or by-law shall be made to the Department of Environmental Protection in accordance
43	43	14with the Wetlands Protection Act (G.L. Ch. 131 § 40) and regulations (310 CMR 10.00)
44	44	15thereunder.
45	45	16 SECTION 2. The first paragraph of Section 31 of chapter 111, as so appearing, is
46	46	17hereby amended by inserting after the second sentence the following sentence:-
47	47	18 A board of health may adopt local on-site sewage disposal systems regulations that
48	48	19contain standards or other requirements that are more stringent than or otherwise exceed those
49	49	20set forth in Title 5 of the State Environmental Code, 310 CMR 15.000, only if, prior to adoption
50	50	21by the board of health, the Department of Environmental Protection shall review and approve
51	51	22any such proposed on-site sewage disposal systems regulation based upon findings that the
52	52	23proposed regulation has a generally recognized scientific basis, is a recommended best practice
53	53	24technique, is necessary to protect unusual local resources that warrant special or enhanced
54	54	25protection, and does not conflict with Title 5 of the State Environmental Code, 310 CMR 15.000.