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2 | 2 | | HOUSE DOCKET, NO. 1800 FILED ON: 1/15/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 929 |
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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 | | David F. DeCoste |
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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 relative to the board of registration of hazardous waste site cleanup professionals. |
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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:David F. DeCoste5th Plymouth1/15/2025 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 1800 FILED ON: 1/15/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 929 |
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18 | 18 | | By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 929) of |
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19 | 19 | | David F. DeCoste for legislation to establish the board of registration of hazardous waste site |
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20 | 20 | | cleanup professionals. Environment and Natural Resources. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 782 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 relative to the board of registration of hazardous waste site cleanup professionals. |
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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 21A of the General Laws is hereby amended by striking out section |
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32 | 32 | | 219A and inserting in place thereof the following section:- |
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33 | 33 | | 3 Section 19A. There is hereby established within the executive office of environmental |
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34 | 34 | | 4affairs the board of registration of hazardous waste site cleanup professionals. The board shall |
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35 | 35 | | 5consist of 11 members. |
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36 | 36 | | 6 One member, who shall be the chairman of the board, shall be the commissioner of the |
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37 | 37 | | 7department or a designee; provided, that said designee shall be a full-time employee of the |
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38 | 38 | | 8department at all times while he or she is so designated. The designee shall have legal 2 of 4 |
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39 | 39 | | 9experience serving in an administrative judiciary role or with the environmental crimes strike |
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40 | 40 | | 10force within the office of the attorney general. |
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41 | 41 | | 11 The governor shall appoint 10 members of the board: |
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42 | 42 | | 12 Three of whom shall be hazardous waste site cleanup professionals licensed by the board |
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43 | 43 | | 13at all times while they are members of the board effective consistent with the current board |
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44 | 44 | | 14administration: 1 of whom shall be a hydrogeologist; 1 of whom shall be a professional civil |
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45 | 45 | | 15engineer licensed by and practicing in the commonwealth with experience as a hazardous waste |
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46 | 46 | | 16site cleanup professional; and 1 of whom shall be a hazardous waste site cleanup professional |
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47 | 47 | | 17with extensive experience in the petroleum underground storage tank and distribution industry, |
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48 | 48 | | 18including residential homes. The members appointed pursuant to this paragraph shall have |
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49 | 49 | | 19significant experience in the assessment or redemption of sites contaminated with petroleum and |
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50 | 50 | | 20hazardous materials; |
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51 | 51 | | 21 One of whom shall be a citizen of the commonwealth who owns or has owned a single |
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52 | 52 | | 22family residence heated by petroleum; |
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53 | 53 | | 23 One of whom shall be a representative of a non-profit public interest environmental |
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54 | 54 | | 24organization that promotes the protection of the environment; |
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55 | 55 | | 25 One of whom shall be a licensed construction supervisor and a representative of the |
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56 | 56 | | 26homebuilding industry; |
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57 | 57 | | 27 One of whom shall be a banking official active in providing mortgage loans to for |
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58 | 58 | | 28residential and commercial real estate in the commonwealth, including a full-time environmental |
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59 | 59 | | 29due diligence officer employed by a Massachusetts bank; 3 of 4 |
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60 | 60 | | 30 One of whom shall be an active member of the bar of this commonwealth with |
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61 | 61 | | 31experience in real estate or environmental compliance; |
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62 | 62 | | 32 One of whom shall be an active member of a municipal fire department who serves as a |
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63 | 63 | | 33capacity of fire chief or in an office of fire prevention and has participated in the removal and |
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64 | 64 | | 34replacement of underground storage tanks at residential and commercial real estate properties; |
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65 | 65 | | 35and |
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66 | 66 | | 36 One of whom shall be a full-time employee of the bureau of waste site cleanup in the |
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67 | 67 | | 37department of environmental protection with experience investigating sites. |
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68 | 68 | | 38 The governor shall appoint an alternate hazardous waste site cleanup professional to |
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69 | 69 | | 39serve as an alternate in the case of the resignation of a hazardous waste site cleanup professional |
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70 | 70 | | 40member to ensure 3 active hazardous waste site cleanup professionals serve the board. The |
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71 | 71 | | 41alternate shall serve in the absence of a hazardous waste site cleanup professional member to |
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72 | 72 | | 42ensure 3 hazardous waste site cleanup professional members serve the board. |
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73 | 73 | | 43 The members of the board and the alternate appointed by the governor shall serve without |
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74 | 74 | | 44compensation. No member of the board shall serve for more than 1 4-year term; provided, |
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75 | 75 | | 45however, that a member may also serve as an alternate or for 1 partial term. . After the |
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76 | 76 | | 46expiration of such term, the alternate shall be appointed to as 1 of the hazardous waste site |
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77 | 77 | | 47cleanup professional members. A member of the board appointed by the governor whose term |
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78 | 78 | | 48has expired shall continue to be a member of the board until his or her successor is appointed and |
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79 | 79 | | 49qualified, at which time the successor shall complete the unexpired portion of the term. |
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80 | 80 | | 50 Subject to appropriation, the secretary of the executive office of environmental affairs |
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81 | 81 | | 51shall employ such staff and other persons as are required to assist the secretary or the board, or 4 of 4 |
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82 | 82 | | 52both, in the performance of their functions or duties pursuant to sections 19J, including, without |
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83 | 83 | | 53limitation, administrative law judges who may conduct adjudicatory proceedings held pursuant |
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84 | 84 | | 54to sections 19 to 19J, inclusive; provided, that the board shall make all final decisions in such |
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85 | 85 | | 55adjudicatory proceedings. |
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86 | 86 | | 56 SECTION 2. The governor shall remove all members of the board of registration of |
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87 | 87 | | 57hazardous waste site cleanup professionals, except 3 hazardous waste site cleanup professional |
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88 | 88 | | 58members, and appoint members with the qualifications described in section 1; provided, |
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89 | 89 | | 59however, that the current chair of the board shall remain in such position at the chair’s discretion |
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90 | 90 | | 60for a period not to exceed 3 years; and provided, further that at the commissioner’s discretion, |
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91 | 91 | | 61the commissioner may appoint a chair with the qualifications described in section 1 to serve as |
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92 | 92 | | 62co-chair with the chair holding such position on the effective date of this act. |
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93 | 93 | | 63 SECTION 3. This act shall take effect 6 months after its passage. |
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