Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1020 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2605 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1020
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward R. Philips
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 improve the review and regulation of emerging contaminants on public water systems.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/16/2025 1 of 7
16	16	HOUSE DOCKET, NO. 2605 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1020
18	18	By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1020) of
19	19	Edward R. Philips relative to emerging contaminants on public water systems. Environment and
20	20	Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 880 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act to improve the review and regulation of emerging contaminants on public water systems.
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 160 of Chapter 111 of the Massachusetts General Laws shall be amended to
32	32	2include the following:
33	33	3 SECTION 1. For purposes of this act, Maximum Contaminant Level or MCL means the
34	34	4maximum permissible level of a contaminant in water which is delivered to any user of a public
35	35	5water system. Maximum Contaminant Level Goal or MCLG means the level of a contaminant in
36	36	6drinking water at or below which there is no known or expected risk to health. MCLGs allow for
37	37	7a margin of safety.
38	38	8 SECTION 2. To address the potential for adverse human health impacts from the
39	39	9presence of potentially toxic substances in the public water supplies of the Commonwealth, and 2 of 7
40	40	10to establish science-based processes and procedures for assessing the risks presented by such
41	41	11substances and a cost-benefit analysis to determine the practicality and efficacy of operational
42	42	12and remedial actions with respect to the substances, there shall be a Science Advisory Board to
43	43	13facilitate timely and accurate toxicological assessments of contaminants of concern, receipt of
44	44	14comments from PWS, public health, municipal, and industry interests regarding the burdens of
45	45	15implementing any new Health Advisory Maximum Contaminant Level Goal (MCLG), or MCL,
46	46	16and reporting formal findings to the MassDEP in connection with any regulatory effort to
47	47	17identify and evaluate whether certain contaminants of concern have such an adverse impact on
48	48	18human health that they should be regulated as contaminants.
49	49	19 SECTION 3. Members of the Science Advisory Board will be appointed by the
50	50	20Governor for a term of 5 years. The Science Advisory Board shall consist of 13 members; 6
51	51	21positions will be permanent organization members and 7 positions will be at-large members.
52	52	22Each of the following 6 permanent organization members shall name a representative to serve a
53	53	235-year term: 1 of whom shall be a representative of the MassDEP Office of Research and
54	54	24Standards (who shall co-chair the Board); 1 of whom shall be a representative of the MA
55	55	25Department of Public Health (who shall co-chair the Board); 1 of whom shall be a representative
56	56	26of the MassDEP Drinking Water Program; 1 of whom shall be a representative of the Mass
57	57	27Water Works Association; 1 of whom shall be a representative of the Massachusetts Municipal
58	58	28Association; and 1 of whom shall be a representative of the Massachusetts Association of Health
59	59	29Boards. The Governor shall appoint representatives for the 7 at-large seats on the Science
60	60	30Advisory Board after receiving nominations from interested individuals or groups representing
61	61	31the following: 1 of whom shall be an epidemiologist affiliated with an accredited academic
62	62	32institutions or local hospital; 1 of whom shall be a a toxicologist credentialed by the American 3 of 7
63	63	33Board of Toxicology; 1 of whom shall be a representative of a community health organization; 1
64	64	34of whom shall be a representative of a national environmental health organization or its local
65	65	35affiliate; 1 of whom shall be a representative from Massachusetts Chemistry & Technology
66	66	36Alliance, Inc.; 1 of whom shall be a representative from a consumer advocate group; and 1 of
67	67	37whom shall be a representative of an environmental advocacy group.
68	68	38 SECTION 4. The meetings of the Science Advisory Board shall be convened in
69	69	39accordance with 940 CMR 29.00.
70	70	40 SECTION 5. To regulate a substance as a contaminant under 310 CMR 22.00,
71	71	41MassDEP and the Science Advisory Board must both make a proposed finding that the
72	72	42substance: (a) may have an adverse human health effect; (b) that the contaminant is known to
73	73	43occur, or there is substantial likelihood it will occur, in PWSs with a frequency and at levels of
74	74	44public health concern; (c) and that there is an opportunity to reduce significant health risks to
75	75	45people served by a PWS. The Science Advisory Board’s findings must be “based on the best
76	76	46available public health information.”
77	77	47 SECTION 6. As part of its formal proposed finding, the Science Advisory Board shall
78	78	48only consider scientific studies that have been peer-reviewed and published. The Science
79	79	49Advisory Board’s finding must include a detailed analysis of the studies that were reviewed
80	80	50during the Science Advisory Board’s deliberation. This summary must articulate the reasons the
81	81	51Science Advisory Board included or excluded any study presented to them.
82	82	52 SECTION 7. The Science Advisory Board’s proposed finding shall include: (i) a
83	83	53recommendation for a MCLG, to establish the level of a contaminant in drinking water below
84	84	54which there is no known or expected risk to health; (ii) recommendation for a MCL for the 4 of 7
85	85	55contaminant; and (iii) a determination whether the proposed finding will achieve the objectives
86	86	56of protecting human health, including sensitive sub-populations, in a more cost-effective manner,
87	87	57or with greater net benefits, than other regulatory alternatives.
88	88	58 SECTION 8. The Science Advisory Board’s proposed finding shall be published on its
89	89	59website and in the Environmental Monitor. The public shall have at least 45 days after
90	90	60publication to review and comment on the proposed finding.
91	91	61 SECTION 9. Within 60 days of the close of the comment period, the Science Advisory
92	92	62Board shall: (a) publish a withdrawal of its proposed finding; (b) publish a response to comments
93	93	63and a revised proposed finding; or (c) publish a response to comments and a final determination
94	94	64in accordance with M.G.L. c. 30A.
95	95	65 SECTION 10. After publishing a final determination with any proceedings under M.G.L.
96	96	66c. 30A having been resolved to finality, the Science Advisory Board shall submit its final
97	97	67determination to MassDEP with its formal recommendation regarding the identification of a
98	98	68proposed contaminant of concern.
99	99	69 SECTION 11. MassDEP shall conduct its own independent assessment of the proposed
100	100	70contaminant and shall (a) present its preliminary determination to the Safe Drinking Water Act
101	101	71Advisory Committee, and (b) present its preliminary determination to a Small Business
102	102	72Advocacy Review Panel.
103	103	73 SECTION 12. A Small Business Advocacy Review (SBAR) panel shall be appointed by
104	104	74the Governor for review of any proposed Drinking Water Standard. The Small Business
105	105	75Advocacy Review Panel shall be made up of 11 members: 2 of whom shall be representatives of
106	106	76the Associated Industries of Massachusetts, 2 of whom shall be economists affiliated with 5 of 7
107	107	77accredited academic institutions, 3 of whom shall be representatives from the Massachusetts
108	108	78Municipal Association (1 of whom shall represent a small community, 1 of whom shall represent
109	109	79a medium sized community, and 1 of whom shall represent a large city), 1 of whom shall be a
110	110	80representative of the Massachusetts Office of Business Development, 1 of whom shall be a
111	111	81representative of the Executive Office of Administration and Finance; 1 of whom shall be a
112	112	82representative of the Massachusetts Treasurers Office, and 1 of whom shall be a representative of
113	113	83the Massachusetts Water Works Association.
114	114	84 SECTION 13. The SBAR shall make an independent determination whether the
115	115	85proposed Drinking Water Standard will achieve the objectives of protecting human health,
116	116	86including sensitive sub-populations, in a more cost-effective manner, or with greater net benefits,
117	117	87than other regulatory alternatives.
118	118	88 SECTION 14. Following any review and comment by the Safe Drinking Water Act
119	119	89Advisory Committee and the SBAR, MassDEP shall publish the preliminary Determination on
120	120	90its website for review and comment by the public for a minimum of 60 days.
121	121	91 SECTION 15. Within 60 days of the close of the comment period, the MassDEP shall:
122	122	92(a) publish a withdrawal of its preliminary Determination; (b) publish a response to comments
123	123	93and a revised preliminary Determination; or (c) publish a response to comments and a final
124	124	94Determination in accordance with M.G.L. c. 30A.
125	125	95 SECTION 16. If MassDEP makes a formal Determination to regulate a contaminant,
126	126	96MassDEP must (a) publish a MCLG, to establish the level of a contaminant in drinking water
127	127	97below which there is no known or expected risk to health; and (b) establish a primary drinking
128	128	98water regulation (usually a MCL) within 2 years of deciding to regulate. 6 of 7
129	129	99 SECTION 17. The MCLG shall be determined by the Science Advisory Board and
130	130	100MassDEP at the level at which no known or anticipated adverse effects on the health of persons
131	131	101occur and which allows an “adequate margin of safety.” When determining an MCLG, the
132	132	102Science Advisory Board and MassDEP will consider the adverse health risk to sensitive
133	133	103subpopulations, including, but not limited to: (i) infants; (ii) children; (iii) the elderly; and (iv)
134	134	104those with compromised immune systems and chronic diseases.
135	135	105 SECTION 18. If it is determined that there is a sensitive subpopulation that is adversely
136	136	106impacted by the contaminant in a particular manner that is distinct from impacts to the general
137	137	107population, that subpopulation shall be identified specifically and a separate MCLG shall be set
138	138	108for this population in addition to a MCLG for the general population.
139	139	109 SECTION 19. The MCL(s) shall be set “as close as to the maximum contaminant level
140	140	110goal(s) as feasible” or a Treatment Technique could be established if MCL criteria is not met.
141	141	111 SECTION 20. In establishing a MCLG or a MCL, MassDEP must seek public comment
142	142	112and an analysis of the following: (i) Quantifiable and nonquantifiable health risk reduction
143	143	113benefits for which there is a factual basis in the rulemaking record to conclude that such benefits
144	144	114are likely to occur as the result of treatment to comply with each MCLG or MCL; (ii)
145	145	115Quantifiable and nonquantifiable health risk reduction benefits for which there is a factual basis
146	146	116in the rulemaking record to conclude that such benefits are likely to occur from reductions in co-
147	147	117occurring contaminants that may be attributed solely to compliance with the maximum
148	148	118contaminant level, excluding benefits resulting from compliance with other proposed or
149	149	119promulgated regulations; (iii) Quantifiable and nonquantifiable costs for which there is a factual
150	150	120basis in the rulemaking record to conclude that such costs are likely to occur solely as a result of 7 of 7
151	151	121compliance with the MCL, including monitoring, treatment, and other costs and excluding costs
152	152	122resulting from compliance with other proposed or promulgated regulations; (iv) The incremental
153	153	123costs and benefits associated with each alternative MCL considered; (v) The effects of the
154	154	124contaminant on the general population and on specifically identified groups within the general
155	155	125population such as infants, children, pregnant women, the elderly, individuals with a history of
156	156	126serious illness, or other subpopulations that are identified as likely to be at greater risk of adverse
157	157	127health effects due to exposure to contaminants in drinking water than the general population; (vi)
158	158	128Any increased health risk that may occur as the result of compliance, including risks associated
159	159	129with co-occurring contaminants; (vii) Other relevant factors, including the quality and extent of
160	160	130the information, the uncertainties in the analysis supporting subclauses (i) through (vi), and
161	161	131factors with respect to the degree and nature of the risk.
162	162	132 SECTION 21. If MassDEP establishes a MCLG or MCL level that is different from the
163	163	133recommendation in the Science Advisory Board’s final determination, MassDEP shall provide
164	164	134written documentation for public comment as to their reasoning.
165	165	135 SECTION 22. MassDEP shall prepare a health risk reduction and cost analysis
166	166	136(HRRCA) in support of any Massachusetts Drinking Water Standard.
167	167	137 SECTION 23. MassDEP must review its Drinking Water Standards every six years and
168	168	138revise if appropriate.