Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H802 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 156 FILED ON: 1/10/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 802
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William C. Galvin
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 siting of facilities dealing with refuse.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:William C. Galvin6th Norfolk1/10/2023Thomas M. Stanley9th Middlesex2/6/2023Michelle M. DuBois10th Plymouth2/8/2023 1 of 9
16	16	HOUSE DOCKET, NO. 156 FILED ON: 1/10/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 802
18	18	By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 802) of
19	19	William C. Galvin, Thomas M. Stanley and Michelle M. DuBois relative to the siting of refuse
20	20	facilities. Environment and Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 916 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to the siting of facilities dealing with refuse.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 150A of chapter 111 of the General Laws, as appearing in the 2012
32	32	2Official Edition, is hereby amended , in lines 1 through 111, by striking out the first through
33	33	3tenth paragraphs , inclusive, and inserting in place thereof the following 15 paragraphs:-
34	34	4 Section 150A. As used in this section and in section one hundred and fifty A1/2 the
35	35	5following words shall, unless the context otherwise requires, have the following meanings:—
36	36	6 “Department”, the department of environmental protection.
37	37	7 “Facility”, a sanitary landfill, a refuse transfer station, a refuse incinerator rated by the
38	38	8department at more than one ton of refuse per hour, a resource recovery facility, a refuse 2 of 9
39	39	9composting plant, a dumping ground for refuse or any other works for treating, storing, or
40	40	10disposing of refuse.
41	41	11 “Facility Density Zone”, a geographical area or zone where 5 or more existing facility
42	42	12sites are situated, in part or whole, within 4 miles of a proposed new or expanded facility site, to
43	43	13be measured from the nearest boundary point. Additionally, an existing facility site for the
44	44	14purposes of this definition shall include, (i) the proposed facility site, if being expanded, and (ii)
45	45	15the site of another proposed facility where a site assignment was made by the local board of
46	46	16health or department within the last 3 years, provided no permit to establish, construct or expand
47	47	17the other facility was issued by the department. A proposed facility shall be deemed as within
48	48	18such area or zone, if the defined requisite numbers of existing facility sites are located within 4
49	49	19miles of a boundary of the proposed facility site.
50	50	20 “Local board of health”, the board of health of the municipality where, the proposed new
51	51	21facility or expanded facility is planned to be located or sited, or the existing facility is located or
52	52	22sited.
53	53	23 “Refuse”, all solid or liquid waste materials, including garbage and rubbish, and sludge,
54	54	24but not including sewage, and those materials defined as hazardous wastes in section two of
55	55	25chapter twenty-one C and those materials defined as source, special nuclear or by-product
56	56	26material under the provisions of the Atomic Energy Act of 1954.
57	57	27 “Maintain”, to establish, keep or sustain the presence of a facility on a site, whether or
58	58	28not such facility is in operation and whether or not such facility has been closed.
59	59	29 “Secretary”, the secretary of the executive office of environmental affairs and energy. 3 of 9
60	60	30 No place in any city or town shall be maintained or operated by any person, including
61	61	31any political subdivision of the commonwealth, as a site for a facility, or as an expansion of an
62	62	32existing facility, unless, after a public hearing, such place has been assigned by the local board of
63	63	33health of such city or town in accordance with the provisions of this section, or, in the case of a
64	64	34facility owned or operated by an agency of the commonwealth, such place has been assigned by
65	65	35the department after a public hearing and unless public notice of such assignment has been given
66	66	36by the board of health or the department, whichever is applicable.
67	67	37 The determination by the local board of health, or the department in the case of a state
68	68	38agency, of whether to assign a place as a site for a facility, or for the expansion of an existing
69	69	39facility, shall be based upon the site suitability criteria established by the department in
70	70	40cooperation with the department of public health pursuant to section one hundred and fifty A 1/2,
71	71	41and any site assignment shall be subject to such limitations with respect to the extent, character
72	72	42and nature of the facility or expansion thereof as may be necessary to ensure that the facility or
73	73	43expansion thereof will not present a threat to the public health, safety or the environment.
74	74	44 Any person desiring to maintain or operate a site for a new facility or the expansion of an
75	75	45existing facility shall submit an application for a site assignment to the local board of health and
76	76	46simultaneously provide copies to the department and the department of public health. A copy of
77	77	47the application for site assignment shall be filed with the board of health of any municipality
78	78	48within one-half mile of the proposed site. Any municipality within such one-half mile shall be
79	79	49afforded all the procedural rights of an abutter for the purpose of administrative review by the
80	80	50department or public hearing by the board of health where the proposed site is located, in
81	81	51addition to any other procedural rights specified under this section. The department shall, upon
82	82	52request by the local board of health, provide advice, guidance and technical assistance to said 4 of 9
83	83	53board during its review of a site assignment application. The department and a board of health
84	84	54may enter into such other cooperative agreements in addition to those herein specified for the
85	85	55purpose of achieving an effective and expeditious review of the application. The local board of
86	86	56health may charge a reasonable application fee to cover the costs of conducting a hearing and
87	87	57reviewing technical data submitted to the board. The application fee may also include a portion
88	88	58of the reasonable costs of other technical assistance. The application fee shall be established in
89	89	59accordance with rules and regulations promulgated by the department.
90	90	60 Within 90 days of receipt of the application, the department shall issue a report stating
91	91	61whether the proposed site meets the criteria established under section 150A1/2 for the protection
92	92	62of the public health and safety and the environment. As part of the report, the department shall
93	93	63list the type and location of any existing facility within 4 miles of the proposed facility site and,
94	94	64if applicable, certify the site is located within a facility density zone. Any such reports shall be
95	95	65made available to the public in a timely manner prior to any public hearing concerning the site
96	96	66application. A copy of the report shall be sent to the board of health in which such facility is
97	97	67located and the board of health of each municipality located within one-half mile of the proposed
98	98	68facility site.
99	99	69 Within 90 days of receipt of said application, the department of public health shall review
100	100	70said application and comment thereon as to any potential impacts of a site on the local and
101	101	71regional public health and safety. The department of public health shall, in addition to its
102	102	72comment, make or cause to be made a public report, in writing, as it relates to an expansion of an
103	103	73existing facility or the assignment of a place as a site for a facility and provide said report with
104	104	74its written comments to the board of health in which such facility is located and the board of
105	105	75health of each municipality located within one-half mile of the proposed facility site. The 5 of 9
106	106	76department of public health shall coordinate and cooperate with a board of health on any matter
107	107	77relating to said public health report.
108	108	78 Within 30 days of receipt of both the department and department of public health reports,
109	109	79the board of health of any other municipality within one-half mile of a proposed new or
110	110	80expanded facility site, may, if the site is within a facility density zone, hold a public hearing to
111	111	81consider the public health and safety impacts of the proposed facility on its community. Within
112	112	8230 days of any initial hearing, such board may, render a written determination on the suitability
113	113	83of the proposed facility. Any determination of non-suitability by the board of health shall include
114	114	84a statement of the specific reasons thereof, in fact or law, based on the criteria set forth under
115	115	85clauses 1 through 14, inclusive, of section 150A ½, as determined by the board to adversely
116	116	86impact the public health or safety of the community. Any such board rendering a determination
117	117	87shall publish notice of the determination with its entire statement and provide a copy to: (i) the
118	118	88department; (ii) department of public health; and (iii) the board of health of the municipality
119	119	89where the facility is proposed to be sited.
120	120	90 Any person, including a political subdivision of the commonwealth, desiring to establish
121	121	91a new facility or expand an existing facility under this section, shall file a written notification
122	122	92with the secretary for a determination of whether an environmental review is required for the
123	123	93proposed facility under the Massachusetts Environmental Policy Act, established under sections
124	124	9461 through 62I, inclusive, of chapter 30, subject to the provisions of this section; provided, that
125	125	95the new or expanded capacity for the facility, is 50 tons or more, per day of refuse, unless the
126	126	96proposed site location is within a facility density zone. The notification shall be made in the
127	127	97manner prescribed by the secretary, no later than 10 days after making an application for site
128	128	98assignment to the local board of health. An environmental impact report shall be mandatory for a 6 of 9
129	129	99proposed new or expanded facility without exception or waiver, where, (i) the facility site is
130	130	100located in a facility density zone and the facility’s planned new or expanded capacity is 20 tons
131	131	101or more, per day of refuse, or (ii) the facility’s planned new or expanded capacity is 150 tons or
132	132	102more, per day of refuse. Each environmental impact report for such new or expanded facility
133	133	103shall include a detailed assessment of the siting criteria set forth under section 150A ½. The
134	134	104secretary shall, in his review and decision to accept or certify, the impact report whether in draft
135	135	105or final form, additionally consider any adverse local and regional public health and safety and
136	136	106environmental impacts of such proposed new or expanded facility as evidenced by any reports
137	137	107issued by the department and department of public health, and determination of non-suitability
138	138	108by any board of health in accordance with this section.
139	139	109 Notwithstanding any other law, regulation or rule to the contrary, where a proposed new
140	140	110or expanded facility is owned or operated by an agency of the commonwealth, an environmental
141	141	111impact report shall be mandatory under the Massachusetts Environmental Policy Act, without
142	142	112exception or waiver, where the siting or capacity of such facility meets the same requirements
143	143	113specified under clause (i) or (ii) of the prior paragraph. Such report shall include a detailed
144	144	114assessment of the siting criteria for the proposed facility as set forth under section 150A ½.
145	145	115 Within 30 days after the secretary’s determination that an environmental impact report is
146	146	116not required, or if so required, after the secretary approves the report, the local board of health
147	147	117shall, prior to its decision on site assignment, hold a public hearing satisfying the requirements of
148	148	118chapter thirty A. If notification to the secretary is not required under the second preceding
149	149	119paragraph, said hearing shall be held within 30 days of the board’s receipt of both the department
150	150	120and department of public health reports. 7 of 9
151	151	121 Within forty-five days of the initial date of such hearing, the local board of health shall
152	152	122render its decision on whether to assign a site for a facility, in writing, accompanied by a
153	153	123statement of reasons therefor and publish notice of said decision including determinations of
154	154	124each issue of fact or law necessary to the decision.
155	155	125 No assignment shall be granted by the local board of health unless the department’s
156	156	126report and the environmental impact report affirm that the siting criteria of said section one
157	157	127hundred and fifty A1/2 have been met by the proposed site. The local board of health shall
158	158	128consider the concerns, if any, relative to the public health and safety cited by the department of
159	159	129public health and a board of health of any municipality that is within one-half mile of a proposed
160	160	130facility site. A local board of health shall assign a place requested by an applicant as a site for a
161	161	131new facility or the expansion of an existing facility unless it makes a finding, based on the siting
162	162	132criteria established by said section one hundred and fifty A 1/2, that the siting thereof would
163	163	133constitute a danger to the public health or safety or the environment.
164	164	134 Any person aggrieved by a decision of (i) a local board of health in assigning or refusing
165	165	135to assign a place as a site for a new facility, or expanding or refusing to expand an existing
166	166	136facility, except a resource recovery facility in operation or under construction prior to July first,
167	167	137nineteen hundred and eighty-seven, or (ii) a board of health on the suitability of a proposed
168	168	138facility that is planned to be located or sited within one-half mile outside the municipality, may,
169	169	139within thirty days of the publication of notice of such decision, appeal under the provisions of
170	170	140section fourteen of chapter thirty A. For the limited purposes of such an appeal, a local board of
171	171	141health under clause (i) or other board of health under clause (ii), shall be deemed to be a state
172	172	142agency under the provisions of said chapter thirty A and its proceedings and decision shall be
173	173	143deemed to be a final decision in an adjudicatory proceeding. 8 of 9
174	174	144 No facility shall be established, constructed, expanded, maintained, operated or devoted
175	175	145to any past closure as defined by regulation unless detailed operating plans, specifications, any
176	176	146public health reports and necessary environmental reports have been submitted to the
177	177	147department, the department has granted a permit for the facility and notice of the permit is
178	178	148recorded in the registry of deeds, or if the land affected thereby is registered land in the registry
179	179	149section of the land court for the district wherein the land lies. Within 120 days after the
180	180	150department is satisfied that the operating plans, specifications and reports are complete, the
181	181	151department shall make a decision granting or refusing to grant a permit. The permit may limit or
182	182	152prohibit the disposal of particular types of solid waste at a facility in order to protect the public
183	183	153health, promote reuse, waste reduction and recycling, extend the useful life of the facility, or
184	184	154reduce its environmental impact.
185	185	155 Notwithstanding the provisions of the prior paragraph, the department shall not grant any
186	186	156permit for the establishment, construction, or expansion of any facility, unless the environmental
187	187	157impact report, if required, has been approved by the secretary, and the report provides in specific
188	188	158detail, for each siting of the criteria listed under section 150A ½, that the proposed facility meets
189	189	159all such siting requirements. Based on the impact report, the department prior to granting any
190	190	160permit, shall make a required finding under section 61 of said chapter 30, which shall specify all
191	191	161feasible measures to be taken in the establishment, construction or expansion of the facility to
192	192	162avoid potential damage to the environment, or to the extent damage to the environment cannot be
193	193	163avoided, to minimize and mitigate such environmental damage to the maximum extent possible.
194	194	164Such measures, if feasible and practicable, shall be a required condition of any permit so issued. 9 of 9
195	195	165 SECTION 2. Said section 150A of said chapter 111, as so appearing, is further amended
196	196	166by inserting in the twelfth paragraph, after the words “decision by a”, in line 124, the following
197	197	167word:- local
198	198	168 SECTION 3. Section 150A ½ of said chapter 111, as so appearing , is hereby amended by
199	199	169striking out clauses 15 through 17, inclusive, and inserting in place thereof the following 3
200	200	170clauses:-
201	201	171 (15) the extent to which existing solid waste disposal facilities are located within a
202	202	172municipality. Site assignments for new facilities are preferred in municipalities without existing
203	203	173facilities, except where the proposed facility site is to be located within a facility density zone;
204	204	174 (16) the extent to which the solid waste disposal needs of the municipality in which the
205	205	175site is sought are met as a member of a regional refuse disposal district. Site assignments in
206	206	176municipalities not participating in regional refuse disposal districts are preferred, unless the
207	207	177proposed facility is to be located in a facility density zone;
208	208	178 (17) the potential adverse impacts on communities within 4 miles of the proposed site
209	209	179including, (i) the potential adverse impacts on communities where there is an existing
210	210	180concentration of solid waste disposal facilities in one or more communities, if the proposed site
211	211	181is located within a facility density zone, and (ii) the potential adverse impacts on the
212	212	182considerations stated within this section for which site suitability standards and criteria are
213	213	183established.