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HOUSE DOCKET, NO. 3874 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2409
The Commonwealth of Massachusetts
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PRESENTED BY:
Michelle M. DuBois
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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 prohibiting the burning of construction and demolition waste as fuel.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle M. DuBois10th Plymouth1/17/2025 1 of 2
HOUSE DOCKET, NO. 3874 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2409
By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 2409) of
Michelle M. DuBois relative to the burning of construction and demolition waste as biofuel and
further regulating the permitting or operation of energy-generating facilities. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2157 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 prohibiting the burning of construction and demolition waste as fuel.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby
2amended by adding the following sections:-
3 Section 142P. Whereas construction materials are frequently treated with toxic
4preservatives, including but not limited to, copper chromium arsenate, creosote, or
5pentachlorophenol, and the burning of construction and demolition waste as biofuel needlessly
6risks the release of such toxic substances into the environment and communities, the burning of
7construction and demolition waste as a source of biofuel in energy generating facilities shall be
8prohibited. Notwithstanding any general or special law, rule or regulation to the contrary, no
9energy-generating facility, as defined by Section 69G of Chapter 164, shall be permitted to burn 2 of 2
10any manner of construction or demolition waste or any manner of material intended for use
11principally in construction as fuel.
12 Section 142Q. By no later than 60 days after the effective date of this Act, the Secretary
13of Energy and Environmental Affairs shall amend any regulations or policies regarding the
14permitting or operation of energy-generating facilities to be in conformity with this Act. The
15Secretary may temporarily suspend or modify any permitting proceeding to be in conformity
16with this Act. The Secretary may deem such amendments, suspensions, or modifications to be
17emergency regulations or measures in the interest in immediate public health.