Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1040 Compare Versions

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22 HOUSE DOCKET, NO. 3159 FILED ON: 1/16/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1040
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Jeffrey N. Roy, (BY REQUEST)
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act ban the use of tire-derived materials in playgrounds and playing fields in Massachusetts.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Tracy Stewart21 Lovering Street, Medway, MA
1616 02053
1717 1/16/2025 1 of 2
1818 HOUSE DOCKET, NO. 3159 FILED ON: 1/16/2025
1919 HOUSE . . . . . . . . . . . . . . . No. 1040
2020 By Representative Roy of Franklin (by request), a petition (accompanied by bill, House, No.
2121 1040) of Tracy Stewart for legislation to further regulate the use of tire-derived materials in
2222 playgrounds and playing fields. Environment and Natural Resources.
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act ban the use of tire-derived materials in playgrounds and playing fields in Massachusetts.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 Whereas, the use of tire-derived materials, including but not limited to tire crumb rubber,
3232 2ground tire rubber, shredded tires, rubberized asphalt, pour-in-place surfacing, recycled tire chips
3333 3and tire-derived aggregates in playgrounds, playing fields, and landscaping has raised concerns
3434 4about potential health and environmental hazards;
3535 5 Therefore, be it enacted by the Senate and House of Representatives of the
3636 6Commonwealth of Massachusetts in General Court assembled, and by the authority of the same,
3737 7as follows:
3838 8 Section 1. For the purposes of this act "Tire-derived materials" shall mean any material
3939 9derived from the processing of discarded tires, including but not limited to: tire crumb rubber,
4040 10ground tire rubber, shredded tires, rubberized asphalt, recycled tire chips, and tire-derived
4141 11aggregates. 2 of 2
4242 12 "Playground" shall mean any area designed for children's play, including but not limited
4343 13to: Playgrounds in schools, parks, and residential areas; playgrounds in childcare facilities and
4444 14early childhood education centers;
4545 15 "Playing field" shall mean any area used for athletic activities, including but not limited
4646 16to: sports fields for baseball, soccer, football, and other sports.
4747 17 Section 2. No person shall install, construct, or maintain any playground or playing field
4848 18surface that contains tire-derived materials. This prohibition shall apply to both new and existing
4949 19playgrounds and playing fields.
5050 20 Section 3. This act shall not apply to existing playground or playing field surfaces that
5151 21were installed prior to the effective date of this act.
5252 22 Section 4. The Department of Environmental Protection shall be responsible for
5353 23enforcing the provisions of this act. The Department of Public Health] shall provide guidance
5454 24and recommendations regarding safe surfacing materials for playgrounds and playing fields.
5555 25 Section 5. If any provision of this act or its application to any person or circumstance is
5656 26held to be invalid, such invalidity shall not affect other provisions or applications 1 of this act
5757 27which can be given effect without the invalid provision or application.