Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S648 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 64 FILED ON: 1/10/2023
3	3	SENATE . . . . . . . . . . . . . . No. 648
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 the remediation of home heating oil releases.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Anne M. GobiWorcester and HampshireMichael O. MooreSecond Worcester2/15/2023 1 of 3
16	16	SENATE DOCKET, NO. 64 FILED ON: 1/10/2023
17	17	SENATE . . . . . . . . . . . . . . No. 648
18	18	By Ms. Gobi, a petition (accompanied by bill, Senate, No. 648) of Anne M. Gobi and Michael O.
19	19	Moore for legislation relative to the remediation of home heating oil releases. Financial
20	20	Services.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 676 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 remediation of home heating oil releases.
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 175 of the General Laws is hereby amended by striking out section
32	32	24D, as appearing in the 2022 Official Edition, and inserting in place thereof the following
33	33	3section:-
34	34	4 Section 4D. (a) As used in this section, the following words shall have the following
35	35	5meaning unless the context clearly requires otherwise:
36	36	6 “Liquid fuel tank”, a tank in which heating oil is stored and from which heating oil is
37	37	7delivered or pumped through a fuel supply line to an oil burner, whether located within a
38	38	8dwelling or other structure, including tanks installed at or below grade level or located outdoors
39	39	9but excluding underground tanks wherever located. 2 of 3
40	40	10 “Residential property”, a 1-unit to 4-unit dwelling used for living or sleeping.
41	41	11 (b) (1) The joint underwriting association formed pursuant to section 4 of chapter 175C
42	42	12and any insurer licensed to write and engaged in the writing of homeowners’ insurance shall
43	43	13provide the following coverage to owners of residential property to whom a homeowners’
44	44	14insurance policy is issued or renewed: (i) first-party property coverage for response action costs
45	45	15incurred under chapter 21E or chapter 21K or any regulation promulgated pursuant to
46	46	16said chapter 21E or chapter 21K and property damage on the insured’s residential property
47	47	17caused by or in response to a release of heating oil from a residential liquid fuel tank or any
48	48	18piping, fuel supply lines, equipment or systems connected thereto; and (ii) liability coverage for
49	49	19third-party claims arising out of a release of heating oil into the environment.
50	50	20 (2) For the purposes of this section, first-party property coverage shall include response
51	51	21action costs incurred to assess and remediate a heating oil release impacting soil, indoor air or
52	52	22other environmental media on the insured’s residential property and the reimbursement of any
53	53	23associated personal property damage. For the purposes of this section, third-party liability
54	54	24coverage shall include: (i) the obligation to defend the insured at the insurer’s expense against
55	55	25third-party claims; provided, however, that such defense obligation shall include coverage
56	56	26for costs incurred to investigate the source and extent of the release of heating oil; and (ii)
57	57	27response action costs incurred to address conditions on and off the insured’s residential property
58	58	28arising from a heating oil release on the insured’s residential property that has impacted, or is
59	59	29likely to impact, groundwater or has migrated to, or is likely to migrate to, a third-party’s
60	60	30property. 3 of 3
61	61	31 (3) First-party property coverage and third-party liability coverage shall apply
62	62	32simultaneously and in addition to each other when both coverages are applicable. Insurers
63	63	33may include a reasonable charge for such coverage in premiums applicable to all homeowners'
64	64	34insurance policies The minimum coverage shall be $75,000 per occurrence for first-party
65	65	35property coverage and $250,000 per occurrence for third-party liability coverage, subject to
66	66	36a reasonable deductible not to exceed $1,000 per claim.
67	67	37 (c) Notwithstanding subsection (b), the joint underwriting association and an insurer may
68	68	38include an exclusion in homeowners’ insurance policies from the coverages required pursuant
69	69	39to said subsection (b) where the heating oil release would not have occurred but for the
70	70	40owner’s failure to comply with the requirements of said subsection (b) or subsection (c) of
71	71	41section 38J of chapter 148, or any regulations promulgated pursuant to said subsection (b) or said
72	72	42subsection (c) of said section 38J of said chapter 148; provided, however, that the joint
73	73	43underwriting association or insurer has provided an annual written notice to the insured that
74	74	44explains, in at least 16-point type, such requirements under said chapter 148, and any regulations
75	75	45promulgated thereto, on a separate form approved by the division of insurance.
76	76	46 SECTION 2. This act shall apply to policies issued or renewed on or after January 1,
77	77	472024.