Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H902 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. 3322 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 902
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Danillo A. Sena and Smitty Pignatelli
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 promoting drinking water quality for all.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Danillo A. Sena37th Middlesex1/20/2023Danielle W. Gregoire4th Middlesex1/20/2023James Arciero2nd Middlesex1/23/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/26/2023Kate Donaghue19th Worcester1/27/2023John J. CroninWorcester and Middlesex1/30/2023David Henry Argosky LeBoeuf17th Worcester1/31/2023Margaret R. Scarsdale1st Middlesex2/2/2023Ruth B. Balser12th Middlesex2/2/2023Sean Garballey23rd Middlesex2/7/2023 1 of 3
16	16	HOUSE DOCKET, NO. 3322 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 902
18	18	By Representatives Sena of Acton and Pignatelli of Lenox, a petition (accompanied by bill,
19	19	House, No. 902) of Danillo A. Sena, Danielle W. Gregoire and others relative to the quality of
20	20	drinking water from private wells. Environment and Natural Resources.
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 promoting drinking water quality for all.
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 21G of the General Laws is hereby amended by inserting after
30	30	2section 20 the following section:-
31	31	3 Section 21: Private Wells Drinking Water Quality
32	32	4 (a) As used in this section, the following words shall, unless the context otherwise
33	33	5requires, have the following meanings:-
34	34	6 “Private well”, a well that provides water for human consumption and consists of a
35	35	7system that has less than 15 service connections and either: (1) serves less than 25 individuals or
36	36	8(2) serves an average of 25 or more individuals daily for less than 60 days of the year.
37	37	9 ''Burden”, the time, effort or financial resources expended by persons to generate,
38	38	10maintain or provide information to or for a governmental agency, including the resources
39	39	11expended for: reviewing instructions; acquiring, installing and utilizing technology and systems; 2 of 3
40	40	12adjusting the existing ways to comply with any previously applicable instructions and
41	41	13requirements; searching data sources; completing and reviewing the collection of information;
42	42	14and transmitting or otherwise disclosing the information.
43	43	15 ''Department'', the department of environmental protection.
44	44	16 “Commissioner”, the commissioner of the department of environmental protection.
45	45	17 (b) The commissioner shall issue regulations to be known as the minimum standards for
46	46	18private wells. The code shall address matters affecting the environment and the well being of the
47	47	19public of the commonwealth over which the department takes cognizance and responsibility
48	48	20including, but not limited to, standards for private wells used for human consumption.
49	49	21 (c) A duly certified well driller registered in the commonwealth may construct or modify
50	50	22a private well. The department may opt to not conduct an inspection of a private well if the
51	51	23transfer is of residential real property, and is between the following relationships: (1) between
52	52	24current spouses; (2) between parents and their children; (3) between full siblings; and (4) where
53	53	25the grantor transfers the real property to be held in a revocable or irrevocable trust, where at least
54	54	26one of the designated beneficiaries is of the first degree of relationship to the grantor.
55	55	27 (d) With regard to the enforcement of this section, including requirements related to
56	56	28forms utilized by local boards of health, the commissioner shall evaluate practices, which would
57	57	29minimize the paperwork burden for individuals, small businesses, contractors, state and local
58	58	30governments and their agents, and strive to ensure the greatest possible public benefit from and
59	59	31maximize the utility of information collected, created, maintained, used, shared and disseminated
60	60	32by or for the purpose of the code and to reduce the number of copies required for official use. 3 of 3
61	61	33Local boards of health shall enforce said code in the same manner in which local health rules and
62	62	34regulations are enforced.
63	63	35 (e) The department and local boards of health shall have concurrent authority to enforce
64	64	36said code against any violator. Actions to enforce said code may be brought in the superior court.
65	65	37 SECTION 2. Item 1231-1020 of section 72 of chapter 204 of the acts of 1996, as
66	66	38amended by section 54 of chapter 365 the acts of 1996, is hereby further amended by inserting
67	67	39after the word “called” the following words:- , and to assist homeowners with treatment systems
68	68	40to ensure that drinking water from private wells meets primary standards for recommended
69	69	41concentration limits of contaminants as specified by public drinking water standards issued by
70	70	42the department of environmental protection and the standards required under section 21 of
71	71	43chapter 21G; provided further, that the department of environmental protection shall determine
72	72	44the requirements for loan guarantees and interest subsidies for an eligible project; provided
73	73	45further, that the department of environmental protection may subcontract the administration of
74	74	46this program to public authorities and other public instrumentalities of the commonwealth;
75	75	47provided further, that the board of health of a city or town in which a proposed project shall be
76	76	48undertaken, or the department of environmental protection shall determine if a homeowner’s
77	77	49proposed project is an eligible private well remediation project as specified by public drinking
78	78	50water standards issued by the department; provided further, that for purposes of this program, an
79	79	51eligible project shall mean a project to construct a treatment system for a private well that a
80	80	52board of health of a city or town or the department of environmental protection determines is out
81	81	53of compliance with public drinking water standards issued by the department or a septic system
82	82	54that a board of health of a city or town determines is out of compliance with Title V.