Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1045 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3367 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1045
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Margaret R. Scarsdale
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 liability for release of hazardous materials.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Margaret R. Scarsdale1st Middlesex1/17/2025 1 of 2
16	16	HOUSE DOCKET, NO. 3367 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1045
18	18	By Representative Scarsdale of Pepperell, a petition (accompanied by bill, House, No. 1045) of
19	19	Margaret R. Scarsdale relative to liability for release of hazardous materials. Environment and
20	20	Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to liability for release of hazardous materials.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 5C of said chapter 21E, as so appearing, is hereby amended by
30	30	2adding the following subsection:-
31	31	3 (l) A department audit of response actions at the site or portion of the site owned
32	32	4or operated by an eligible person, as delineated in a waste site cleanup activity opinion, for which
33	33	5a permanent solution or remedy operations status exists and is maintained or has been achieved
34	34	6and maintained in accordance with such opinion, which (i) identifies no violations of this chapter
35	35	7and regulations promulgated thereto, or (ii) if such violations are identified, such violations are
36	36	8promptly corrected, shall be deemed conclusive evidence that the eligible person has no liability,
37	37	9and the department may take no action as to such eligible person, for any releases at any property
38	38	10not previously identified as part of the site or any other disposal site. Notwithstanding any
39	39	11general or special law to the contrary, the department shall not promulgate regulations relative to
40	40	12this subsection. 2 of 2
41	41	13 SECTION 2. (a) Notwithstanding any general or special law to the contrary, no
42	42	14person shall be liable for any substantial release migration at any property not previously
43	43	15identified as part of a disposal site or any other disposal site if the department of environmental
44	44	16protection:
45	45	17 (i) has, at any time before the effective date of this act, performed an audit of
46	46	18response actions at a site, or a part of a site; and
47	47	19 (ii)(1) has determined that a permanent solution or remedy operations status was
48	48	20achieved and maintained in accordance with a waste site cleanup activity opinion or any other
49	49	21notification to such person; or (2) has notified such person that a violation of chapter 21E of the
50	50	22General Laws or any regulation was identified and promptly corrected.
51	51	23 (b) The department of environmental protection shall have no defense in any
52	52	24action or claim, nor shall the department present evidence to contest liability of an eligible
53	53	25person, upon a showing that a permanent solution or remedy operations status was achieved and
54	54	26maintained.