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| 2 | 2 | | HOUSE DOCKET, NO. 1503 FILED ON: 1/15/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1049 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Danillo A. Sena |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act promoting drinking water quality for all. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Danillo A. Sena37th Middlesex1/15/2025 1 of 4 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1503 FILED ON: 1/15/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1049 |
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| 18 | 18 | | By Representative Sena of Acton, a petition (accompanied by bill, House, No. 1049) of Danillo |
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| 19 | 19 | | A. Sena relative to the quality of drinking water from private wells. Environment and Natural |
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| 20 | 20 | | Resources. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 902 OF 2023-2024.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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| 26 | 26 | | (2025-2026) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act promoting drinking water quality for all. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Chapter 21G of the General Laws is hereby amended by inserting after |
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| 32 | 32 | | 2section 20 the following section:- |
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| 33 | 33 | | 3 Section 21: Private Wells Drinking Water Quality |
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| 34 | 34 | | 4 (a) As used in this section, the following words shall, unless the context otherwise |
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| 35 | 35 | | 5requires, have the following meanings:- |
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| 36 | 36 | | 6 “Private well”, a well that provides water for human consumption and consists of a |
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| 37 | 37 | | 7system that has less than 15 service connections and either: (1) serves less than 25 individuals or |
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| 38 | 38 | | 8(2) serves an average of 25 or more individuals daily for less than 60 days of the year. 2 of 4 |
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| 39 | 39 | | 9 ''Burden”, the time, effort or financial resources expended by persons to generate, |
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| 40 | 40 | | 10maintain or provide information to or for a governmental agency, including the resources |
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| 41 | 41 | | 11expended for: reviewing instructions; acquiring, installing and utilizing technology and systems; |
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| 42 | 42 | | 12adjusting the existing ways to comply with any previously applicable instructions and |
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| 43 | 43 | | 13requirements; searching data sources; completing and reviewing the collection of information; |
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| 44 | 44 | | 14and transmitting or otherwise disclosing the information. |
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| 45 | 45 | | 15 ''Department'', the department of environmental protection. |
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| 46 | 46 | | 16 “Commissioner”, the commissioner of the department of environmental protection. |
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| 47 | 47 | | 17 (b) The commissioner shall issue regulations to be known as the minimum standards for |
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| 48 | 48 | | 18private wells. The code shall address matters affecting the environment and the well being of the |
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| 49 | 49 | | 19public of the commonwealth over which the department takes cognizance and responsibility |
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| 50 | 50 | | 20including, but not limited to, standards for private wells used for human consumption. |
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| 51 | 51 | | 21 (c) A duly certified well driller registered in the commonwealth may construct or modify |
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| 52 | 52 | | 22a private well. The department may opt to not conduct an inspection of a private well if the |
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| 53 | 53 | | 23transfer is of residential real property, and is between the following relationships: (1) between |
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| 54 | 54 | | 24current spouses; (2) between parents and their children; (3) between full siblings; and (4) where |
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| 55 | 55 | | 25the grantor transfers the real property to be held in a revocable or irrevocable trust, where at least |
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| 56 | 56 | | 26one of the designated beneficiaries is of the first degree of relationship to the grantor. |
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| 57 | 57 | | 27 (d) With regard to the enforcement of this section, including requirements related to |
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| 58 | 58 | | 28forms utilized by local boards of health, the commissioner shall evaluate practices, which would |
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| 59 | 59 | | 29minimize the paperwork burden for individuals, small businesses, contractors, state and local |
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| 60 | 60 | | 30governments and their agents, and strive to ensure the greatest possible public benefit from and 3 of 4 |
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| 61 | 61 | | 31maximize the utility of information collected, created, maintained, used, shared and disseminated |
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| 62 | 62 | | 32by or for the purpose of the code and to reduce the number of copies required for official use. |
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| 63 | 63 | | 33Local boards of health shall enforce said code in the same manner in which local health rules and |
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| 64 | 64 | | 34regulations are enforced. |
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| 65 | 65 | | 35 (e) The department and local boards of health shall have concurrent authority to enforce |
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| 66 | 66 | | 36said code against any violator. Actions to enforce said code may be brought in the superior court. |
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| 67 | 67 | | 37 SECTION 2. Item 1231-1020 of section 72 of chapter 204 of the acts of 1996, as |
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| 68 | 68 | | 38amended by section 54 of chapter 365 the acts of 1996, is hereby further amended by inserting |
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| 69 | 69 | | 39after the word “called” the following words:- , and to assist homeowners with treatment systems |
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| 70 | 70 | | 40to ensure that drinking water from private wells meets primary standards for recommended |
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| 71 | 71 | | 41concentration limits of contaminants as specified by public drinking water standards issued by |
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| 72 | 72 | | 42the department of environmental protection and the standards required under section 21 of |
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| 73 | 73 | | 43chapter 21G; provided further, that the department of environmental protection shall determine |
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| 74 | 74 | | 44the requirements for loan guarantees and interest subsidies for an eligible project; provided |
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| 75 | 75 | | 45further, that the department of environmental protection may subcontract the administration of |
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| 76 | 76 | | 46this program to public authorities and other public instrumentalities of the commonwealth; |
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| 77 | 77 | | 47provided further, that the board of health of a city or town in which a proposed project shall be |
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| 78 | 78 | | 48undertaken, or the department of environmental protection shall determine if a homeowner’s |
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| 79 | 79 | | 49proposed project is an eligible private well remediation project as specified by public drinking |
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| 80 | 80 | | 50water standards issued by the department; provided further, that for purposes of this program, an |
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| 81 | 81 | | 51eligible project shall mean a project to construct a treatment system for a private well that a |
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| 82 | 82 | | 52board of health of a city or town or the department of environmental protection determines is out 4 of 4 |
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| 83 | 83 | | 53of compliance with public drinking water standards issued by the department or a septic system |
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| 84 | 84 | | 54that a board of health of a city or town determines is out of compliance with Title V. |
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