Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2565 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3622 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2565
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James Arciero
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 technical rescue services.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:James Arciero2nd Middlesex1/17/2025David T. Vieira3rd Barnstable1/23/2025 1 of 5
16	16	HOUSE DOCKET, NO. 3622 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2565
18	18	By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 2565) of
19	19	James Arciero and David T. Vieira relative to technical rescue services. Public Safety and
20	20	Homeland Security.
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 technical rescue services.
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 2 of Chapter 22D, as so appearing, is hereby amended by striking
30	30	2out the word “and” in line 11.
31	31	3 Section 2. Section 2 of Chapter 22D, as so appearing, is further amended by striking
32	32	4out in lines 11, 12, 13 and 14 the words “of hazardous materials under the charge of a director to
33	33	5be known as the director of hazardous materials, the director of hazardous materials shall
34	34	6administer the regional hazardous material response teams” and inserting in place thereof, the
35	35	7following new language:- and a division of special operations under the charge of a director to
36	36	8be known as the director of special operations. The special operations division shall include the
37	37	9include hazardous materials emergency response teams and technical rescue emergency response
38	38	10teams.
39	39	11 Section 3. Section 6 of Chapter 22D, as so appearing, is hereby amended by striking
40	40	12out subsection (a) in its entirety and inserting the following new language: 2 of 5
41	41	13 (a) The State Fire Marshal shall divide the commonwealth into technical rescue regions
42	42	14and may amend the number of such regions as needed. The State Fire Marshal shall provide for
43	43	15the organization and coordination of technical rescue services and training, the acquisition of
44	44	16technical rescue equipment and the receipt and distribution of funds.
45	45	17 Section 4. Section 6 of Chapter 22D, as so appearing, is hereby amended by striking
46	46	18out the in line 6 of subsection (a), the words “each technical rescue region” and inserting in place
47	47	19thereof the following new words: the state fire marshal
48	48	20 Section 5. Section 6 of Chapter 22D, as so appearing, is hereby amended by striking
49	49	21out subsection (b) in its entirety and inserting the following new language:
50	50	22 (b) There is hereby established within the department a technical rescue coordinating
51	51	23council, which shall serve as an advisory board to the state fire marshal. Said board shall review
52	52	24the development of standards, rules, procedures and regulations for technical rescue emergency
53	53	25response and cost recovery. The board shall consist of the secretary of public safety or a
54	54	26designee; the state fire marshal or a designee; and five members to be appointed by the governor,
55	55	272 of whom shall be members of the Fire Chief’s Association of Massachusetts, Inc., 2 of whom
56	56	28shall be members of the Professional Fire Fighters of Massachusetts; and 1 of whom shall be
57	57	29selected from a list comprised of 1 nominee from each technical rescue region. The governor
58	58	30shall appoint members for a term of 3 years and any such member shall be eligible for
59	59	31reappointment. A person shall not receive compensation for service as a member of the council
60	60	32but may receive reimbursement for all expenses necessarily incurred in connection with the
61	61	33member's official duties. A member shall hold office until a successor is appointed. 3 of 5
62	62	34 The majority of the council shall constitute a quorum to conduct business but a lesser
63	63	35number may adjourn from time to time. Every two years, the council shall elect a chair and vice-
64	64	36chair from among its members.
65	65	37 Section 6: Section 6 of Chapter 22D, as so appearing, is hereby further amended by
66	66	38striking in line 32 of subsection (c), the word “develop” and inserting in its place, the following
67	67	39new language:- advise the state fire marshal on the development of
68	68	40 Section 7: Section 6 of Chapter 22D, as so appearing, is hereby further amended by
69	69	41striking out in line 36 of subsection (d), the word “establish” and inserting in its place, the
70	70	42following new language:- advise the state fire marshal on the establishment of
71	71	43 Section 8. Section 6 of Chapter 22D, as so appearing, is hereby further amended by
72	72	44striking out subsection section (e) in its entirety and inserting the following new paragraphs:
73	73	45 The department, acting through the division of special operations, administered by the
74	74	46state fire marshal or his designee, shall prepare and from time to time update a technical rescue
75	75	47response plan.
76	76	48 The department may, at the request of the local fire department or on its own authority,
77	77	49dispatch member departments of the technical rescue response plan to a site in the
78	78	50commonwealth for the purpose of conducting a technical rescue response. During a technical
79	79	51rescue response, the team leader shall have complete operational authority for technical rescue
80	80	52emergency response team operations at all times. Once the team leader has determined that the
81	81	53imminent danger of the technical rescue incident has been satisfactorily mitigated, the team
82	82	54leader shall thereafter notify the incident commander. The incident commander shall have
83	83	55authority over the technical rescue response site during a technical rescue response. 4 of 5
84	84	56 Section 9. Section 6 of Chapter 22D, as so appearing, is hereby further amended by
85	85	57adding the following new paragraph at the end of subsection (f):- Any technical rescue response
86	86	58action taken by a member department under the technical rescue response plan shall be deemed
87	87	59to have been taken on behalf of the department and for the benefit of the commonwealth for the
88	88	60purpose of implementing the provisions of this chapter.
89	89	61 Section 10. Section 6 of Chapter 22D, as so appearing, is hereby further amended by
90	90	62striking out in line 54 of subsection (g) the words “the department of fire services, in
91	91	63consultation with the technical rescue coordinating council may promulgate,” and inserting in
92	92	64place, the following new language:- the state fire marshal may promulgate rules and
93	93	65 Section 11. Section 6 of Chapter 22D, as so appearing, is hereby further amended by
94	94	66adding the following new subsection:
95	95	67 (h) The commonwealth shall, subject to appropriation, reimburse a municipality for costs
96	96	68incurred for the technical rescue response of its qualified members of a technical rescue response
97	97	69team and shall pay an annual stipend up to $5,000 to each qualified member of that team.
98	98	70Qualification shall be established by the state fire marshal.
99	99	71 Section 12. Section 2DDDDD of Chapter 29, as so appearing, is hereby amended by
100	100	72striking out in lines 2 and 3, the second sentence in its entirety.
101	101	73 Section 13. Section 2DDDDD of Chapter 29, as so appearing, is hereby amended
102	102	74inserting in line 4 after the word “contract”, the following new words: for services or otherwise 5 of 5
103	103	75 Section 14. Section 2DDDDD of Chapter 29, as so appearing, is hereby amended by
104	104	76inserting in line15 after the word “expended”, the following new words: “by the state fire
105	105	77marshal, as head of the department of fire services, who shall act as administrator of the fund,”