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HOUSE DOCKET, NO. 517 FILED ON: 1/9/2025
HOUSE . . . . . . . . . . . . . . . No. 1302
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jeffrey N. Roy
_________________
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 :DATE ADDED:Jeffrey N. Roy10th Norfolk1/9/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/10/2025 1 of 3
HOUSE DOCKET, NO. 517 FILED ON: 1/9/2025
HOUSE . . . . . . . . . . . . . . . No. 1302
By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1302) of Jeffrey
N. Roy and Jacob R. Oliveira relative to homeowners insurance coverage for the remediation of
home heating oil releases. Financial Services.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1129 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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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 2020 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 said
16chapter 21E or chapter 21K and property damage on the insured’s residential property caused by
17or in response to a release of heating oil from a residential liquid fuel tank or any piping, fuel
18supply lines, equipment or systems connected thereto; and (ii) liability coverage for third-party
19claims 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
21response action costs incurred to assess and remediate a heating oil release impacting soil, indoor
22air or other environmental media on the insured’s residential property and the reimbursement of
23any associated 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 for
26costs incurred to investigate the source and extent of the release of heating oil; and (ii) response
27action costs incurred to address conditions on and off the insured’s residential property arising
28from a heating oil release on the insured’s residential property that has impacted, or is likely to
29impact, groundwater or has migrated to, or is likely to migrate to, a third-party’s property.
30 (3) First-party property coverage and third-party liability coverage shall apply
31simultaneously and in addition to each other when both coverages are applicable. Insurers may 3 of 3
32include a reasonable charge for such coverage in premiums applicable to all homeowners'
33insurance policies The minimum coverage shall be $75,000 per occurrence for first-party
34property coverage and $250,000 per occurrence for third-party liability coverage, subject to a
35reasonable deductible not to exceed $1,000 per claim.
36 (c) Notwithstanding subsection (b), the joint underwriting association and an insurer may
37include an exclusion in homeowners’ insurance policies from the coverages required pursuant to
38said subsection (b) where the heating oil release would not have occurred but for the owner’s
39failure to comply with the requirements of said subsection (b) or subsection (c) of section 38J of
40chapter 148, or any regulations promulgated pursuant to said subsection (b) or said subsection (c)
41of said section 38J of said chapter 148; provided, however, that the joint underwriting association
42or insurer has provided an annual written notice to the insured that explains, in at least 16-point
43type, such requirements under said chapter 148, and any regulations promulgated thereto, on a
44separate form approved by the division of insurance.
45 SECTION 2. This act shall apply to policies issued or renewed on or after January 1,
462024.