Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2242 Compare Versions

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

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1	1	1 of 2
2	2	SENATE DOCKET, NO. 92 FILED ON: 1/10/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2242
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Anne M. Gobi
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 to establish standards for quarry licensing and the testing for pyrite minerals.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Anne M. GobiWorcester and HampshireRyan C. FattmanWorcester and Hampden1/12/2023Brian M. Ashe2nd Hampden1/30/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/7/2023Peter J. Durant6th Worcester2/9/2023James J. O'Day14th Worcester2/14/2023Meghan Kilcoyne12th Worcester2/14/2023Todd M. Smola1st Hampden2/14/2023Lindsay N. Sabadosa1st Hampshire2/14/2023Donald R. Berthiaume, Jr.5th Worcester2/15/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/21/2023Joseph D. McKenna18th Worcester2/21/2023James B. EldridgeMiddlesex and Worcester2/21/2023John J. CroninWorcester and Middlesex2/23/2023Patricia A. Duffy5th Hampden2/28/2023Patrick Joseph Kearney4th Plymouth2/28/2023Adam GomezHampden3/1/2023Jonathan D. Zlotnik2nd Worcester3/2/2023 2 of 2
16	16	Michael O. MooreSecond Worcester3/6/2023Patrick M. O'ConnorFirst Plymouth and Norfolk3/7/2023 1 of 5
17	17	SENATE DOCKET, NO. 92 FILED ON: 1/10/2023
18	18	SENATE . . . . . . . . . . . . . . No. 2242
19	19	By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2242) of Anne M. Gobi, Ryan C.
20	20	Fattman, Brian M. Ashe, Jacob R. Oliveira and other members of the General Court for
21	21	legislation to establish standards for quarry licensing and the testing for pyrite minerals.
22	22	Transportation.
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 to establish standards for quarry licensing and the testing for pyrite minerals.
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. Chapter 6C of the General Laws is hereby amended by adding the
32	32	2following section:-
33	33	3 Section 78. (a) For the purposes of this section, the following words shall have the
34	34	4following meanings unless the context clearly requires otherwise:
35	35	5 “Aggregate”, granular materials such as gravel, sand and crushed rock that are combined
36	36	6for a particular purpose.
37	37	7 “Certified geologist”, a professional geologist certified by the American Institute of
38	38	8Professional Geologists.
39	39	9 “Concrete aggregate”, natural sand, natural gravel or crushed aggregate products
40	40	10produced from ledge rock.  2 of 5
41	41	11 (b) Any person seeking to mine, expand, excavate or otherwise operate a quarry, sand
42	42	12and gravel operation, or any other aggregate source for the purpose of producing concrete
43	43	13aggregate for sale or use in foundations, structural elements or infrastructure, such as roadways
44	44	14and bridges, shall submit to the department and the state geologist an application for a license to
45	45	15conduct such activity.
46	46	16 Each license application shall consist of: (i) a description of the geographic location of
47	47	17the aggregate source; (ii) an operations plan, including, but not limited to, mining, processing,
48	48	18storage and quality control methods; (iii) a geological source report, consistent with subsection
49	49	19(c); and (iv) the results of aggregate testing for the presence of pyrite or pyrrhotite, consistent
50	50	20with subsection (d). Each license application shall be accompanied by a fee in an amount to be
51	51	21determined by the department. Fees received by the department under this section shall be used
52	52	22to implement this section; provided, however, that any surplus fee receipts shall be deposited into
53	53	23the General Fund.
54	54	24 (c) The geological source report required in subsection (b) shall be prepared by a certified
55	55	25geologist in a form and manner prescribed by the department, in consultation with the state
56	56	26geologist, a representative nominated by the Massachusetts Aggregate and Asphalt Pavement
57	57	27Association, and a representative nominated by the Massachusetts Concrete and Aggregate
58	58	28Producers Association, Inc., and shall include, but not be limited to: (i) a description of the
59	59	29characteristics of the aggregate to be excavated at the subject location; (ii) a description of the
60	60	30products to be produced at such location; (iii) a copy of the results of an inspection of face
61	61	31material and geologic log analysis conducted not more than 60 days prior to the date of the
62	62	32report; and (iv) petrographic analyses of grab or core samples representative of the material 3 of 5
63	63	33being actively mined. A geological source report prepared under this subsection shall be valid for
64	64	34a period of 1 year from the date of preparation.
65	65	35 (d) Aggregate testing to identify the presence of pyrite or pyrrhotite required in
66	66	36subsection (b) shall include, but not be limited to, a total sulfur test to measure total sulfur
67	67	37content in a representative sample. Aggregate testing shall be performed by an accredited
68	68	38laboratory in accordance with applicable standards established by American Society of Testing
69	69	39and Materials International standards or alternate standards to be determined by the department
70	70	40in consultation with the state geologist.
71	71	41 (e) The Secretary of Transportation or a designee, in consultation with the state geologist,
72	72	42shall review each license application submitted pursuant to this section and notify each applicant
73	73	43whether the license has been approved and any applicable conditions of operation. If the
74	74	44application is denied, the notification shall include the reason for denial. A license granted under
75	75	45this section shall be valid for 1 year from the date of approval.  A license shall be approved if the
76	76	46total sulfur content is less than 0.1 per cent by mass. A license shall not be approved if the total
77	77	47sulfur content is not less than 1 per cent by mass. If the total sulfur content is equal to or greater
78	78	48than 0.1 per cent by mass but less than 1 per cent by mass, the license applicant shall be required
79	79	49to perform x-ray diffraction, magnetic susceptibility, or petrographic analyses to determine the
80	80	50presence and relative abundance of pyrrhotite in the sample. A license shall be approved if the
81	81	51results of said additional tests indicate that no pyrrhotite is present in the sample. A license shall
82	82	52not be approved if the results of said tests indicate that pyrrhotite is present in the sample.
83	83	53Aggregate test results demonstrating a total sulfur content of less than 0.1 percent by mass for
84	84	54five consecutive years shall be valid for a period of five years from the date of the most recent
85	85	55testing, provided, however, that annual geological source reports are submitted to the 4 of 5
86	86	56department. The state geologist may require additional testing or information to justify an
87	87	57approval recommendation.
88	88	58 (f) A person owning or operating an aggregate source subject to licensure pursuant to this
89	89	59section shall maintain all records relevant to such licensure and operation, including, but not
90	90	60limited to, a record of sale for all aggregate, for not less than 10 years.
91	91	61 (g) A person owning or operating a concrete production facility for the purpose of sale or
92	92	62use in foundations, structural elements, or infrastructure, such as roadways and bridges, in
93	93	63receipt of aggregate material from a source licensed pursuant to this section shall maintain a
94	94	64record of the aggregate sources used in individual concrete batches for not less than 10 years.
95	95	65 (h) The department, in consultation with the state geologist, shall catalogue and maintain
96	96	66the data collected under this section.
97	97	67 (i) Nothing in this section shall prohibit a municipality from requiring permits for quarry
98	98	68operation or excavation or from establishing pyrite and pyrrhotite presence restrictions that are
99	99	69more stringent than those set forth in this section.
100	100	70 (j) Nothing in this section shall affect the operations of quarries producing aggregate for
101	101	71purposes other than those described in subsection (b).
102	102	72 (k) The department, in consultation with the state geologist, shall promulgate regulations
103	103	73to implement this section.
104	104	74 SECTION 2. Section 78 of chapter 6C  of the General Laws shall be effective on
105	105	75December 31, 2023; provided, however, that entities licensed to operate a quarry or sand and
106	106	76gravel operation in the commonwealth before the effective date of this act that are affected by 5 of 5
107	107	77said section 88 of said chapter 6C shall meet the requirements of said section 78 of said chapter
108	108	786C not later than December 31, 2023; provided further, that any work conducted by such an
109	109	79entity prior to December 31, 2023 shall comply with existing regulations.