Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H929 Compare Versions

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22 HOUSE DOCKET, NO. 1800 FILED ON: 1/15/2025
33 HOUSE . . . . . . . . . . . . . . . No. 929
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 David F. DeCoste
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to the board of registration of hazardous waste site cleanup professionals.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:David F. DeCoste5th Plymouth1/15/2025 1 of 4
1616 HOUSE DOCKET, NO. 1800 FILED ON: 1/15/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 929
1818 By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 929) of
1919 David F. DeCoste for legislation to establish the board of registration of hazardous waste site
2020 cleanup professionals. Environment and Natural Resources.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 782 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act relative to the board of registration of hazardous waste site cleanup professionals.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 21A of the General Laws is hereby amended by striking out section
3232 219A and inserting in place thereof the following section:-
3333 3 Section 19A. There is hereby established within the executive office of environmental
3434 4affairs the board of registration of hazardous waste site cleanup professionals. The board shall
3535 5consist of 11 members.
3636 6 One member, who shall be the chairman of the board, shall be the commissioner of the
3737 7department or a designee; provided, that said designee shall be a full-time employee of the
3838 8department at all times while he or she is so designated. The designee shall have legal 2 of 4
3939 9experience serving in an administrative judiciary role or with the environmental crimes strike
4040 10force within the office of the attorney general.
4141 11 The governor shall appoint 10 members of the board:
4242 12 Three of whom shall be hazardous waste site cleanup professionals licensed by the board
4343 13at all times while they are members of the board effective consistent with the current board
4444 14administration: 1 of whom shall be a hydrogeologist; 1 of whom shall be a professional civil
4545 15engineer licensed by and practicing in the commonwealth with experience as a hazardous waste
4646 16site cleanup professional; and 1 of whom shall be a hazardous waste site cleanup professional
4747 17with extensive experience in the petroleum underground storage tank and distribution industry,
4848 18including residential homes. The members appointed pursuant to this paragraph shall have
4949 19significant experience in the assessment or redemption of sites contaminated with petroleum and
5050 20hazardous materials;
5151 21 One of whom shall be a citizen of the commonwealth who owns or has owned a single
5252 22family residence heated by petroleum;
5353 23 One of whom shall be a representative of a non-profit public interest environmental
5454 24organization that promotes the protection of the environment;
5555 25 One of whom shall be a licensed construction supervisor and a representative of the
5656 26homebuilding industry;
5757 27 One of whom shall be a banking official active in providing mortgage loans to for
5858 28residential and commercial real estate in the commonwealth, including a full-time environmental
5959 29due diligence officer employed by a Massachusetts bank; 3 of 4
6060 30 One of whom shall be an active member of the bar of this commonwealth with
6161 31experience in real estate or environmental compliance;
6262 32 One of whom shall be an active member of a municipal fire department who serves as a
6363 33capacity of fire chief or in an office of fire prevention and has participated in the removal and
6464 34replacement of underground storage tanks at residential and commercial real estate properties;
6565 35and
6666 36 One of whom shall be a full-time employee of the bureau of waste site cleanup in the
6767 37department of environmental protection with experience investigating sites.
6868 38 The governor shall appoint an alternate hazardous waste site cleanup professional to
6969 39serve as an alternate in the case of the resignation of a hazardous waste site cleanup professional
7070 40member to ensure 3 active hazardous waste site cleanup professionals serve the board. The
7171 41alternate shall serve in the absence of a hazardous waste site cleanup professional member to
7272 42ensure 3 hazardous waste site cleanup professional members serve the board.
7373 43 The members of the board and the alternate appointed by the governor shall serve without
7474 44compensation. No member of the board shall serve for more than 1 4-year term; provided,
7575 45however, that a member may also serve as an alternate or for 1 partial term. . After the
7676 46expiration of such term, the alternate shall be appointed to as 1 of the hazardous waste site
7777 47cleanup professional members. A member of the board appointed by the governor whose term
7878 48has expired shall continue to be a member of the board until his or her successor is appointed and
7979 49qualified, at which time the successor shall complete the unexpired portion of the term.
8080 50 Subject to appropriation, the secretary of the executive office of environmental affairs
8181 51shall employ such staff and other persons as are required to assist the secretary or the board, or 4 of 4
8282 52both, in the performance of their functions or duties pursuant to sections 19J, including, without
8383 53limitation, administrative law judges who may conduct adjudicatory proceedings held pursuant
8484 54to sections 19 to 19J, inclusive; provided, that the board shall make all final decisions in such
8585 55adjudicatory proceedings.
8686 56 SECTION 2. The governor shall remove all members of the board of registration of
8787 57hazardous waste site cleanup professionals, except 3 hazardous waste site cleanup professional
8888 58members, and appoint members with the qualifications described in section 1; provided,
8989 59however, that the current chair of the board shall remain in such position at the chair’s discretion
9090 60for a period not to exceed 3 years; and provided, further that at the commissioner’s discretion,
9191 61the commissioner may appoint a chair with the qualifications described in section 1 to serve as
9292 62co-chair with the chair holding such position on the effective date of this act.
9393 63 SECTION 3. This act shall take effect 6 months after its passage.