Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S495 Compare Versions

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2	2	SENATE DOCKET, NO. 34 FILED ON: 1/10/2023
3	3	SENATE . . . . . . . . . . . . . . No. 495
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 relative to crumbling concrete foundations.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Anne M. GobiWorcester and HampshireRyan C. FattmanWorcester and Hampden1/12/2023Brian M. Ashe2nd Hampden1/30/2023Angelo J. Puppolo, Jr.12th Hampden2/2/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/7/2023Paul K. Frost7th Worcester2/7/2023Hannah Kane11th Worcester2/7/2023Kimberly N. Ferguson1st 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 Worcester2/23/2023Joseph D. McKenna18th Worcester2/23/2023James B. EldridgeMiddlesex and Worcester2/23/2023John J. CroninWorcester and Middlesex2/23/2023 2 of 2
16	16	Adam GomezHampden2/27/2023Patricia A. Duffy5th Hampden2/28/2023Patrick Joseph Kearney4th Plymouth2/28/2023Jonathan D. Zlotnik2nd Worcester3/2/2023Michael O. MooreSecond Worcester3/6/2023Patrick M. O'ConnorFirst Plymouth and Norfolk3/7/2023 1 of 9
17	17	SENATE DOCKET, NO. 34 FILED ON: 1/10/2023
18	18	SENATE . . . . . . . . . . . . . . No. 495
19	19	By Ms. Gobi, a petition (accompanied by bill, Senate, No. 495) of Anne M. Gobi, Ryan C.
20	20	Fattman, Brian M. Ashe, Angelo J. Puppolo, Jr. and other members of the General Court for
21	21	legislation relative to crumbling concrete foundations. Environment and Natural Resources.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 548 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to crumbling concrete foundations.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Section 3B of chapter 7 of the General Laws is hereby amended by
33	33	2inserting after the words “twenty-one A” the following words:- , section eighty-eight of chapter
34	34	36C.
35	35	4 SECTION 2. Section 97 of chapter 13 of the General Laws is hereby amended by
36	36	5inserting at the end thereof the following words:-
37	37	6 Said board shall require all licensed home inspectors who perform an inspection on a
38	38	7residential home for the purpose of a sale or lease of the home to provide the potential buyer or
39	39	8lessee information regarding the possible presence of pyrite or pyrrhotite in the concrete 2 of 9
40	40	9foundation, prepared by the crumbling concrete relief agency established by section 2 of chapter
41	41	1023B.
42	42	11 SECTION 3. Chapter 6C of the General Laws is hereby amended by adding the
43	43	12following section:-
44	44	13 Section 78. (a) For the purposes of this section, the following words shall have the
45	45	14following meanings unless the context clearly requires otherwise:
46	46	15 “Aggregate”, granular materials such as gravel, sand and crushed rock that are combined
47	47	16for a particular purpose.
48	48	17 “Certified geologist”, a professional geologist certified by the American Institute of
49	49	18Professional Geologists.
50	50	19 “Concrete aggregate”, natural sand, natural gravel or crushed aggregate products
51	51	20produced from ledge rock.
52	52	21 (b) Any person seeking to mine, expand, excavate or otherwise operate a quarry, sand
53	53	22and gravel operation, or any other aggregate source for the purpose of producing concrete
54	54	23aggregate for sale or use in foundations, structural elements or infrastructure, such as roadways
55	55	24and bridges, shall submit to the department and the state geologist an application for a license to
56	56	25conduct such activity.
57	57	26 Each license application shall consist of: (i) a description of the geographic location of
58	58	27the aggregate source; (ii) an operations plan, including, but not limited to, mining, processing,
59	59	28storage and quality control methods; (iii) a geological source report, consistent with subsection
60	60	29(c); and (iv) the results of aggregate testing for the presence of pyrite or pyrrhotite, consistent 3 of 9
61	61	30with subsection (d). Each license application shall be accompanied by a fee in an amount to be
62	62	31determined by the department. Fees received by the department under this section shall be used
63	63	32to implement this section; provided, however, that any surplus fee receipts shall be deposited into
64	64	33the Crumbling Concrete Assistance Fund.
65	65	34 (c) The geological source report required in subsection (b) shall be prepared by a certified
66	66	35geologist in a form and manner prescribed by the department, in consultation with the state
67	67	36geologist, a representative nominated by the Massachusetts Aggregate and Asphalt Pavement
68	68	37Association, and a representative nominated by the Massachusetts Concrete and Aggregate
69	69	38Producers Association, Inc., and shall include, but not be limited to: (i) a description of the
70	70	39characteristics of the aggregate to be excavated at the subject location; (ii) a description of the
71	71	40products to be produced at such location; (iii) a copy of the results of an inspection of face
72	72	41material and geologic log analysis conducted not more than 60 days prior to the date of the
73	73	42report; and (iv) petrographic analyses of grab or core samples representative of the material
74	74	43being actively mined. A geological source report prepared under this subsection shall be valid for
75	75	44a period of 1 year from the date of preparation.
76	76	45 (d) Aggregate testing to identify the presence of pyrite or pyrrhotite required in
77	77	46subsection (b) shall include, but not be limited to, a total sulfur test to measure total sulfur
78	78	47content in a representative sample. Aggregate testing shall be performed by an accredited
79	79	48laboratory in accordance with applicable standards established by American Society of Testing
80	80	49and Materials International standards or alternate standards to be determined by the department
81	81	50in consultation with the state geologist. 4 of 9
82	82	51 (e) The Secretary of Transportation or a designee, in consultation with the state geologist,
83	83	52shall review each license application submitted pursuant to this section and notify each applicant
84	84	53whether the license has been approved and any applicable conditions of operation. If the
85	85	54application is denied, the notification shall include the reason for denial. A license granted under
86	86	55this section shall be valid for 1 year from the date of approval. A license shall be approved if the
87	87	56total sulfur content is less than 0.1 per cent by mass. A license shall not be approved if the total
88	88	57sulfur content is not less than 1 per cent by mass. If the total sulfur content is equal to or greater
89	89	58than 0.1 per cent by mass but less than 1 per cent by mass, the license applicant shall be required
90	90	59to perform x-ray diffraction, magnetic susceptibility, or petrographic analyses to determine the
91	91	60presence and relative abundance of pyrrhotite in the sample. A license shall be approved if the
92	92	61results of said additional tests indicate that no pyrrhotite is present in the sample. A license shall
93	93	62not be approved if the results of said tests indicate that pyrrhotite is present in the sample.
94	94	63Aggregate test results demonstrating a total sulfur content of less than 0.1 percent by mass for
95	95	64five consecutive years shall be valid for a period of five years from the date of the most recent
96	96	65testing, provided, however, that annual geological source reports are submitted to the
97	97	66department. The state geologist may require additional testing or information to justify an
98	98	67approval recommendation.
99	99	68 (f) A person owning or operating an aggregate source subject to licensure pursuant to this
100	100	69section shall maintain all records relevant to such licensure and operation, including, but not
101	101	70limited to, a record of sale for all aggregate, for not less than 10 years.
102	102	71 (g) A person owning or operating a concrete production facility for the purpose of sale or
103	103	72use in foundations, structural elements, or infrastructure, such as roadways and bridges, in 5 of 9
104	104	73receipt of aggregate material from a source licensed pursuant to this section shall maintain a
105	105	74record of the aggregate sources used in individual concrete batches for not less than 10 years.
106	106	75 (h) The department, in consultation with the state geologist, shall catalogue and maintain
107	107	76the data collected under this section.
108	108	77 (i) Nothing in this section shall prohibit a municipality from requiring permits for quarry
109	109	78operation or excavation or from establishing pyrite and pyrrhotite presence restrictions that are
110	110	79more stringent than those set forth in this section.
111	111	80 (j) Nothing in this section shall affect the operations of quarries producing aggregate for
112	112	81purposes other than those described in subsection (b).
113	113	82 (k) The department, in consultation with the state geologist, shall promulgate regulations
114	114	83to implement this section.
115	115	84 SECTION 4. Section 78 of chapter 6C of the General Laws shall be effective on
116	116	85December 31, 2023; provided, however, that entities licensed to operate a quarry or sand and
117	117	86gravel operation in the commonwealth before the effective date of this act that are affected by
118	118	87said section 88 of said chapter 6C shall meet the requirements of said section 78 of said chapter
119	119	886C not later than December 31, 2023; provided further, that any work conducted by such an
120	120	89entity prior to December 31, 2023 shall comply with existing regulations.
121	121	90 SECTION 5. Section 2 of chapter 23B of the General Laws is hereby amended by
122	122	91inserting at the end thereof the following new paragraph:-
123	123	92 (c) There shall also be within the department a crumbling concrete relief agency to
124	124	93provide assistance to owners of residential real property with concrete foundations that have 6 of 9
125	125	94deteriorated due to the presence of pyrite or pyrrhotite. The agency shall be overseen by an
126	126	95executive director who reports to the undersecretary. The executive director shall have the
127	127	96authority to hire staff sufficient to meet the requirements and obligations of the agency. The
128	128	97agency shall, without limitation: (a) provide information to the public regarding structurally
129	129	98sound concrete and the dangers of pyrite and pyrrhotite; (b) publish a list of quarries licensed
130	130	99pursuant to section 88 of chapter 6C and a searchable electronic database of all quarries applying
131	131	100for such licensure, including aggregate and other testing results; and (c) administer the crumbling
132	132	101concrete assistance fund established in section 2RRRRR of chapter 29, including establishing
133	133	102eligibility requirements and implementing a process for impacted homeowners to secure
134	134	103foundation repair and replacement funding from the fund. A decision on a request from an
135	135	104impacted homeowner for such financial assistance shall be provided in writing to the homeowner
136	136	105and shall include the information relied upon and the basis for such decision, including the
137	137	106relevant eligibility and underwriting criteria. An impacted homeowner may request a review of
138	138	107any decision by the agency relating to such homeowner not later than 30 days after the decision.
139	139	108A final determination on such a request for review shall be provided in writing to the homeowner
140	140	109not later than 30 days after receipt of the homeowner’s request, unless an extension is agreed to
141	141	110by the homeowner.
142	142	111 SECTION 6. Chapter 29 of the General Laws is hereby amended by inserting after
143	143	112section 2QQQQQ the following section:-
144	144	113 Section 2RRRRR. (a) There shall be a Crumbling Concrete Assistance Fund. The fund
145	145	114shall be expended to provide financial assistance to owners of residential real property for the
146	146	115repair or replacement of concrete foundations of such property that have deteriorated due to the
147	147	116presence of pyrite or pyrrhotite and to minimize any negative economic impacts on 7 of 9
148	148	117municipalities in which such property are located. The crumbling concrete relief agency
149	149	118established by section 2 of chapter 23B shall administer the fund and shall make expenditures
150	150	119from the fund, without further appropriation. The agency shall seek to maximize available
151	151	120federal reimbursements for money spent from the fund.
152	152	121 The fund shall consist of: (i) revenue from appropriations or other money authorized by
153	153	122the general court and specifically designated to be credited to the fund; (ii) interest earned on
154	154	123such revenues; (iii) funds from public and private sources, including but not limited to gifts,
155	155	124grants, donations, and settlements received by the commonwealth that are specifically designated
156	156	125to be credited to the fund; (iv) federal funds paid to the commonwealth under paragraph (b) of
157	157	126this section; (v) monies paid to the commonwealth under paragraph (c) of this section; (vi)
158	158	127monies paid to the commonwealth under paragraph (d) of this section; and (vi) monies paid to
159	159	128the commonwealth under paragraph (f) of section 16 of chapter 21B. Any bond proceeds
160	160	129deposited into the fund shall be kept separate from any and all other funds deposited into the
161	161	130fund. Any balance in the fund at the close of a fiscal year shall be available for expenditure in
162	162	131subsequent fiscal years and shall not be transferred to any other fund or revert to the General
163	163	132Fund.
164	164	133 (b) The crumbling concrete relief agency established by section 2 of chapter 23B may
165	165	134apply for, receive and deposit any federal funds, including but not limited to funds made
166	166	135available by the United States Department of Housing and Urban Development Section 108
167	167	136Loan Guarantee program, into the fund established by this section. 8 of 9
168	168	137 (c) Amounts issued from the fund to impacted homeowners for the repair or replacement
169	169	138of concrete foundations that have deteriorated due to the presence of pyrrhotite shall be exempt
170	170	139from taxation under chapter 62.
171	171	140 (d) Annually not later than June 1, the crumbling concrete relief agency shall report on
172	172	141the activities of the fund from the previous calendar year to the senate and house committees on
173	173	142ways and means and the joint committee on environment, natural resources and agriculture.
174	174	143 (e) The crumbling concrete relief agency shall promulgate regulations or issue other
175	175	144guidance for the expenditure of the funds under this section.
176	176	145 SECTION 7. Chapter 59 of the General Laws is hereby amended by inserting after
177	177	146section 59A the following section:-
178	178	147 Section 59B. (a) Notwithstanding any general or special law to the contrary, an owner of
179	179	148real property in the commonwealth may apply for a residential property tax abatement due to the
180	180	149presence of pyrite or pyrrhotite minerals in the foundation. The presence of pyrite or pyrrhotite
181	181	150shall be established by: (i) not less than 2 core samples from the foundation proving the presence
182	182	151of pyrite or pyrrhotite; or (ii) a certified visual inspection conducted by a professional civil
183	183	152engineer. The owner shall also provide a certified estimate of the cost to repair or replace the
184	184	153foundation. Upon receipt of such documentation, a municipal board of assessors or equivalent
185	185	154entity shall determine a value per square foot of the foundation and percentage of functional
186	186	155obsolescence. If an abatement is sought on multiple properties within a municipality the board of
187	187	156assessors may determine a general value per square foot of foundation and percentage of
188	188	157functional obsolescence to be used for all properties within said municipality. The board of 9 of 9
189	189	158assessors shall use the value and percentage to calculate the reduction in assessment for each
190	190	159affected property. Such reductions shall be effective until the foundation is repaired or replaced.
191	191	160 SECTION 8. Chapter 143 of the General Laws is hereby amended by adding the
192	192	161following section:-
193	193	162 Section 110. Notwithstanding any general or special law to the contrary, fees for building
194	194	163permits for work associated with crumbling concrete foundations replacement shall be waived.
195	195	164In order to qualify for the waiver of fees, the applicant shall provide written documentation
196	196	165showing that pyrite or pyrrhotite minerals are present in the foundation to be replaced. Nothing
197	197	166in this section shall waive any of the permit application requirements, including, but not limited
198	198	167to, holding public hearings, associated with a permit application. A determination to waive fees
199	199	168is not a guarantee of the issuance of a permit.
200	200	169 SECTION 9. Within 2 months of passage of this act, active quarries subject to licensure
201	201	170under the provisions of section 3 of this act shall either submit a complete license application or
202	202	171obtain interim approval from the state geologist to continue operations for a period of not more
203	203	172than six months. Interim operations approvals shall not be renewed.