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SENATE DOCKET, NO. 64 FILED ON: 1/10/2023
SENATE . . . . . . . . . . . . . . No. 648
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Anne M. Gobi
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the remediation of home heating oil releases.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Anne M. GobiWorcester and HampshireMichael O. MooreSecond Worcester2/15/2023 1 of 3
SENATE DOCKET, NO. 64 FILED ON: 1/10/2023
SENATE . . . . . . . . . . . . . . No. 648
By Ms. Gobi, a petition (accompanied by bill, Senate, No. 648) of Anne M. Gobi and Michael O.
Moore for legislation relative to the remediation of home heating oil releases. Financial
Services.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 676 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to the remediation of home heating oil releases.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 175 of the General Laws is hereby amended by striking out section
24D, as appearing in the 2022 Official Edition, and inserting in place thereof the following
3section:-
4 Section 4D. (a) As used in this section, the following words shall have the following
5meaning unless the context clearly requires otherwise:
6 “Liquid fuel tank”, a tank in which heating oil is stored and from which heating oil is
7delivered or pumped through a fuel supply line to an oil burner, whether located within a
8dwelling or other structure, including tanks installed at or below grade level or located outdoors
9but excluding underground tanks wherever located. 2 of 3
10 “Residential property”, a 1-unit to 4-unit dwelling used for living or sleeping.
11 (b) (1) The joint underwriting association formed pursuant to section 4 of chapter 175C
12and any insurer licensed to write and engaged in the writing of homeowners’ insurance shall
13provide the following coverage to owners of residential property to whom a homeowners’
14insurance policy is issued or renewed: (i) first-party property coverage for response action costs
15incurred under chapter 21E or chapter 21K or any regulation promulgated pursuant to
16said chapter 21E or chapter 21K and property damage on the insured’s residential property
17caused by or in response to a release of heating oil from a residential liquid fuel tank or any
18piping, fuel supply lines, equipment or systems connected thereto; and (ii) liability coverage for
19third-party claims arising out of a release of heating oil into the environment.
20 (2) For the purposes of this section, first-party property coverage shall include response
21action costs incurred to assess and remediate a heating oil release impacting soil, indoor air or
22other environmental media on the insured’s residential property and the reimbursement of any
23associated personal property damage. For the purposes of this section, third-party liability
24coverage shall include: (i) the obligation to defend the insured at the insurer’s expense against
25third-party claims; provided, however, that such defense obligation shall include coverage
26for costs incurred to investigate the source and extent of the release of heating oil; and (ii)
27response action costs incurred to address conditions on and off the insured’s residential property
28arising from a heating oil release on the insured’s residential property that has impacted, or is
29likely to impact, groundwater or has migrated to, or is likely to migrate to, a third-party’s
30property. 3 of 3
31 (3) First-party property coverage and third-party liability coverage shall apply
32simultaneously and in addition to each other when both coverages are applicable. Insurers
33may include a reasonable charge for such coverage in premiums applicable to all homeowners'
34insurance policies The minimum coverage shall be $75,000 per occurrence for first-party
35property coverage and $250,000 per occurrence for third-party liability coverage, subject to
36a reasonable deductible not to exceed $1,000 per claim.
37 (c) Notwithstanding subsection (b), the joint underwriting association and an insurer may
38include an exclusion in homeowners’ insurance policies from the coverages required pursuant
39to said subsection (b) where the heating oil release would not have occurred but for the
40owner’s failure to comply with the requirements of said subsection (b) or subsection (c) of
41section 38J of chapter 148, or any regulations promulgated pursuant to said subsection (b) or said
42subsection (c) of said section 38J of said chapter 148; provided, however, that the joint
43underwriting association or insurer has provided an annual written notice to the insured that
44explains, in at least 16-point type, such requirements under said chapter 148, and any regulations
45promulgated thereto, on a separate form approved by the division of insurance.
46 SECTION 2. This act shall apply to policies issued or renewed on or after January 1,
472024.