EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

M.G.L. pt. Part I, tit. Title II, ch. c. 21A

in effect

M.G.L. c. 21A, § 1 Creation; secretary; acting secretary; undersecretary

c. 21A, § 1. Creation; secretary; acting secretary; undersecretary Section 1. There shall be an executive office of energy and environmental affairs, hereinafter called the office, which shall be under the supervision of a secretary of energy and environmental affairs, hereinafter called the secretary. Said secretary shall be appointed by the governor and shall be a person of skill and experience in the field of environmental affairs. Said secretary shall serve at the pleasure of the governor, shall receive such salary as may be determined by law, and shall devote full time to the duties of his office. In the case of a vacancy in the office of secretary, or in the case of disability, as determined by the governor, or in his absence, the governor may designate an acting secretary to serve as secretary until the vacancy is filled or the absence, or disability, as determined by the governor, ceases. The acting secretary shall have all the powers and duties of the secretary and shall have similar qualifications as the secretary. The secretary shall, with the approval of the governor, appoint and may remove, an undersecretary of the executive office, hereinafter called the undersecretary. Said undersecretary shall be a person of skill and experience in the fields of administration and environmental affairs, and shall perform such duties as may be assigned by the secretary. The position of undersecretary shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. Said undersecretary shall receive such salary as may be determined by law and shall devote full time during business hours to the duties of his office.

M.G.L. c. 21A, § 2 Duties and functions; inter-agency information, services and plans; filing applications; core administrative functions

c. 21A, § 2. Duties and functions; inter-agency information, services and plans; filing applications; core administrative functions Section 2. The office and its appropriate departments and divisions shall carry out the state environmental policy and in so doing they shall: (1) develop policies, plans, and programs for carrying out their assigned duties; (2) provide for the management of air, water and land resources to assure the protection and balanced utilization of such resources within the commonwealth, realizing that providing safe water to drink and clean air to breathe is a basic mandate; (3) provide for the propagation, protection, control and management of fish, other aquatic life, wildlife, and endangered species and promote and further develop hunting, fishing, recreational and competitive marksmanship, and trapping opportunities in the commonwealth; (4) aid in the promotion and development of the food and agricultural resources of the commonwealth to preserve agricultural lands, and insure an adequate supply of high quality farm products; (5) provide for the regulation and management of marine and coastal fisheries and natural resources including those located in the territorial waters, the economic zone waters and the continental shelf, wetlands, estuaries, shorelines, and interior of the commonwealth; (6) promote the perpetuation, extension, and proper management of the public and private forest lands of the commonwealth; (7) develop statewide policies regarding the acquisition, protection, and use of areas of critical environmental concern to the commonwealth; (8) develop and administer programs relating to recreation including the acquisition of land, development of facilities, and the provision of advisory services to municipalities and private organizations; (9) promote the best usage of land, water, and air to optimize and preserve environmental quality by encouraging and providing for, in cooperation with other appropriate state agencies, planned industrial, commercial, recreational and community development; (10) provide for the prevention and abatement of water, land, air, noise, and other pollution or environmental degradation; (11) promote the preservation and enhancement of natural, scenic, historic, and aesthetic qualities in both urban and rural areas; (12) provide for the control of insects, plant diseases, and pests, and regulate the use, and disposal of pesticides; (13) develop programs relating to the reclamation or disposal of solid waste material and the operation of sewer and water systems; (14) encourage the restoration and reclamation of degraded or despoiled areas, including harbors and inland and coastal waters; (15) manage all lands and properties acquired by or assigned to them to preserve their natural beauty, wilderness, or open character or hydrological, geological, historical, scientific, wildlife management, recreational or other significance or value; (16) assist other state and regional agencies in developing appropriate programs and policies relating to land use planning and regulation in the commonwealth; (17) analyze and make recommendations, in cooperation with other state and regional agencies, concerning the development of energy policies and programs in the commonwealth; (18) advise, assist, and cooperate with such other departments, agencies, authorities, officials, and institutions, including state institutions of higher learning, as may be concerned with or involved in matters under their control or supervision; (19) encourage recycling, resource recovery and environmentally sound purchasing practices to conserve resources and reduce waste; (20) monitor the environment to identify changes and to insure efficient and effective control practices; (21) develop environmental data management capabilities to aid environmental planning and decision-making; (22) encourage, support, and undertake research and development and maintain laboratory and other research facilities to produce information relating to the ecological system, pollution prevention and abatement, resource management, and other areas essential to implementing the environmental policies of the commonwealth; (23) advise and assist local governments, private and public institutions, organizations and associations, businesses, industries, and individuals by providing and acting as a clearinghouse for environmental information, data, and other materials; (24) promote the development of sound environmental education programs; (25) represent and act on behalf of the commonwealth in connection with federal grant programs; (26) keep accounts, records, personal data, enter into contracts, adjust claims, accept gifts, grants, bequests and devises, and subject to appropriation acquire real or personal property by eminent domain or otherwise; (27) advise and assist state agencies, cities, towns, and other units of local government in the preparation of grant or loan applications with respect to any environmental protection or enhancement programs; (28) promulgate rules and regulations necessary to carry out their statutory responsibilities; (29) consistent with their statutory responsibilities, implement the coastal zone management program established pursuant to section four A. (30) consistent with chapter 21N, oversee state agency efforts to address and diminish the impacts of climate change by coordinating state agency actions to achieve the greenhouse gas emissions limits established in chapter 21N. In order to assist the office in the discharge of its duties, the secretary may request from any agency or political subdivision of the commonwealth any information relevant to the discharge of such duties. An information copy of each application submitted by any state agency, including all state institutions of higher learning or any political subdivision to any public or private agency for a grant or loan with respect to any environmental protection or enhancement program, including the acquisition of land and facilities for these purposes shall be filed with the office not later than the twentieth day after submission. As the primary agency of the commonwealth for environmental planning, the office shall utilize the services and plans of regional planning agencies, conservation districts, conservation commissions and historical commissions in fulfilling its environmental planning responsibilities. Notwithstanding any general or special law to the contrary, the secretary shall identify and consolidate administrative activities and functions common to the separate offices, departments and divisions within the office and may designate such functions as core administrative functions in order to improve administrative efficiency and preserve fiscal resources. Common functions that shall be designated core administrative functions shall include, but shall not be limited to, human resources, including payroll processing and information technology. All employees performing functions so designated shall be employed directly by the secretary, and the office shall function as a single state agency for purposes of carrying out the functions so designated.

M.G.L. c. 21A, § 2A Compromise or settlement of claims for damages for injury and for destruction or loss of natural resources; authority of secretary

c. 21A, § 2A. Compromise or settlement of claims for damages for injury and for destruction or loss of natural resources; authority of secretary Section 2A. The secretary shall be the state natural resource trustee and may compromise or settle any claim for damages for injury and for destruction or loss of natural resources, including the costs of assessing and evaluating the injury, destruction or loss, incurred or suffered as a result of a release or threat of release, under section 5 of chapter 21E, 42 U.S.C. § 9607(f) 33 U.S.C. § 2706 and other applicable law in accordance with this section. If any such claim, including the costs of assessment, is valued at less than $100,000, or at a higher amount determined in writing by the attorney general, the secretary may settle and compromise the claim if the secretary has given written notice and all pertinent information regarding the settlement to the attorney general or his designee at least 30 days before execution of the settlement. The secretary may settle and compromise claims valued at greater than $100,000, or at a higher amount determined in writing by the attorney general, only with the prior written approval of the attorney general or his designee.

M.G.L. c. 21A, § 3 Functions of secretary; report

c. 21A, § 3. Functions of secretary; report Section 3. The secretary shall conduct comprehensive planning with respect to the functions of the office and shall coordinate the activities and programs of the departments and divisions within the office. He shall continually review the operations of the office with a view toward improving administrative organization, procedures and practices, promoting economy and efficiency. He shall prepare annually a report of the organization and activities of the office as individually reported by the various departments and divisions within the office, the assignment of functions to various administrative units, officers and employees, and of the established places at which, and the methods whereby, the public may receive information or may make requests, and such other matters as he deem appropriate. The secretary shall annually evaluate the status of the natural resources of the commonwealth. This evaluation shall be submitted as a part of the report referred to in the preceding paragraph, and it shall be accompanied by recommendations for appropriate actions to be taken to protect the environmental quality of the commonwealth or to conserve and preserve the natural resources of the commonwealth. In order to carry out the provisions of this chapter the secretary may, and is encouraged to, seek the laboratory, technical, education, and research skills and facilities of state institutions of higher learning.

M.G.L. c. 21A, § 4 Powers and duties of secretary

c. 21A, § 4. Powers and duties of secretary Section 4. In order to enable him to coordinate and improve the operations of all departments, divisions and other administrative units within the office, the secretary shall have the following powers and duties concerning any power or duty assigned to any such department, division or other administrative unit: (1) the power and duty to resolve administrative and jurisdictional conflicts between any such agencies or officers; (2) the power and duty to implement, upon request of any such agency or officer, programs jointly agreed to by the secretary and such agency or officer; (3) the power and duty to coordinate and improve program activities involving two or more such agencies or officers;

M.G.L. c. 21A, § 4A Coastal zone management office

c. 21A, § 4A. Coastal zone management office Section 4A. There is hereby established within the executive office of environmental affairs a coastal zone management office which shall be administered by a director who shall be appointed and may be removed by the secretary. The director shall be a person of skill and experience in the field of coastal zone management. The director shall appoint all necessary employees within his office, except as may be otherwise provided by law. The positions of director and of any employees of the office shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. The secretary shall direct the coastal zone management office, consistent with state law, to adopt, and from time to time amend rules, regulations, procedures, standards, guidelines, and policies which shall constitute the Massachusetts coastal zone management program. The purpose of the program shall be to secure for the inhabitants of the commonwealth the objectives and benefits of the federal Coastal Zone Management Act, 16 USC 1451 et seq.

M.G.L. c. 21A, § 4C Ocean management plan; ocean advisory commission; ocean science advisory council; duties of secretary

c. 21A, § 4C. Ocean management plan; ocean advisory commission; ocean science advisory council; duties of secretary Section 4C. (a) The ocean waters and ocean-based development of the commonwealth, within the ocean management planning area described in this section, shall be under the oversight, coordination and planning authority of the secretary of energy and environmental affairs, hereinafter referred to as the secretary, in accordance with the public trust doctrine. Notwithstanding any general or special law to the contrary, the secretary, in consultation with the ocean advisory commission established pursuant to subparagraph (c) and the ocean science advisory council established pursuant to subparagraph (d), shall develop an integrated ocean management plan, which may include maps, illustrations and other media. The plan shall: (i) set forth the commonwealth's goals, siting priorities and standards for ensuring effective stewardship of its ocean waters held in trust for the benefit of the public; and (ii) adhere to sound management practices, taking into account the existing natural, social, cultural, historic and economic characteristics of the planning areas; (iii) preserve and protect the public trust; (iv) reflect the importance of the waters of the commonwealth to its citizens who derive livelihoods and recreational benefits from fishing; (v) value biodiversity and ecosystem health; (vi) identify and protect special, sensitive or unique estuarine and marine life and habitats; (vii) address climate change and sea-level rise; (viii) respect the interdependence of ecosystems; (ix) coordinate uses that include international, federal, state and local jurisdictions; (x) foster sustainable uses that capitalize on economic opportunity without significant detriment to the ecology or natural beauty of the ocean; (xi) preserve and enhance public access; (xii) support the infrastructure necessary to sustain the economy and quality of life for the citizens of the commonwealth; (xiii) encourage public participation in decision-making; (xiv) and adapt to evolving knowledge and understanding of the ocean environment; and (xv) shall identify appropriate locations and performance standards for activities, uses and facilities allowed under sections 15 and 16 of chapter 132A. The division of marine fisheries, pursuant to chapter 130 and any other applicable general or special law, shall have sole responsibility for developing and implementing any fisheries management plans or fisheries regulations. Marine fisheries shall be managed in compliance with the applicable rules and regulations of the division of marine fisheries and federal or interstate fishery management plans issued pursuant to said chapter 130 or any other applicable general or special law and shall be integrated, to the maximum extent practicable, with an ocean management plan. (b) An ocean management plan shall include any waters and associated submerged lands of the ocean, including the seabed and subsoil, lying between the line designated as the ''Nearshore Boundary of the Ocean Management Planning Area'', which is depicted on a plan dated January 31, 2006, prepared by the office of coastal zone management and maintained at the executive office of energy and environmental affairs and with the clerks of the house and the senate, and the seaward boundary of the commonwealth, as defined in 43 U.S.C. § 1312. An ocean management plan may take into account the different regional characteristics of the commonwealth's waters. A plan shall include existing municipal, state and federal boundaries and may include recommendations for clarifying those boundaries. (c)(i) There shall be an ocean advisory commission to assist the secretary in developing the ocean management plan. The commission shall consist of 3 members of the senate, 1 of whom shall be appointed by the minority leader of the senate; 3 members of the house of representatives, 1 of whom shall be appointed by the minority leader of the house of representatives; the director of coastal zone management or his designee; the director of marine fisheries or his designee; the commissioner of environmental protection or his designee; and 9 members to be appointed by the governor, 1 of whom shall be a representative of a commercial fishing organization, 1 of whom shall be a representative of an environmental organization, 1 of whom shall have expertise in the development of offshore renewable energy, 1 of whom shall be a representative of the Cape Cod commission, 1 of whom shall be a representative of the Martha's Vineyard Commission, 1 of whom shall be a representative of the Nantucket Planning and Economic Development Commission, 1 of whom shall be a representative of the Merrimack Valley Planning Commission, 1 of whom shall be a representative of the metropolitan area planning council and 1 of whom shall be a representative of the Southeastern Regional Planning and Economic Development District. Members shall be appointed for terms of 3 years, except that, initially, 4 members appointed by the governor shall be appointed for terms of 2 years and 3 members appointed by the governor shall be appointed for terms of 1 year. The appointing authority may fill any vacancy that occurs in an unexpired term. The members of the commission shall be selected with due regard to coastal geographic distribution. (ii) The commission shall meet at least quarterly and at the discretion of the secretary. The commission shall hold public meetings relative to matters within the jurisdiction of the ocean management plan and shall make recommendations to the secretary for the proper management and development of the plan. The secretary shall consider the recommendations of the commission. (iii) The office of coastal zone management and division of marine fisheries shall provide technical support to the commission. (d) There shall be an ocean science advisory council to assist the secretary in creating a baseline assessment and obtaining any other scientific information necessary for the development of an ocean management plan. The council shall consist of 9 members to be appointed by the secretary, 3 of whom shall be scientists from academic institutions, at least 1 of whom shall be from the School for Marine Science and Technology at the University of Massachusetts at Dartmouth and at least 1 of whom shall be from the Department of Environmental, Earth and Ocean Sciences at the University of Massachusetts at Boston; 3 of whom shall be scientists from private, nonprofit organizations, at least 1 of whom shall be a scientist designated by the Massachusetts Fishermen's Partnership; and 3 of whom shall be scientists from government agencies with demonstrated technical training and experience in the fields of marine ecology, geology, biology, ichthyology, mammalogy, oceanography or other related ocean science disciplines, at least 1 of whom shall be from the division of marine fisheries. The secretary shall serve as coordinator of the council. The council shall meet at least quarterly and at any other time that the secretary shall deem necessary to assist him in compiling the scientific information necessary for the development of an ocean management plan. (e) Upon the secretary's adoption of an ocean management plan, all certificates, licenses, permits and approvals for any proposed structures, uses or activities in areas subject to the ocean management plan shall be consistent, to the maximum extent practicable, with the plan. (f) The secretary shall develop and implement a public outreach and information program to provide information to the public regarding the ocean management planning process. (g) The secretary shall, at least 6 months before establishing an ocean management plan pursuant to this section, provide for public access to the draft plan in electronic and printed copy form and shall provide for a public comment period, which shall include at least 4 public hearings in at least 4 different coastal regions. The secretary shall publish notice of the hearings in the Environmental Monitor within 30 days of the date of the hearing. A notice of the public hearing shall also be placed, at least once each week for the 4 consecutive weeks preceding the hearing, in newspapers with sufficient circulation to notify the residents of the coastal region where the hearing shall be held. The hearing shall be held not sooner than 30 days and not later than 35 days after the notice is published in the Environmental Monitor. The public comment period shall remain open for at least 60 days from the date of the final public hearing. After the close of the public comment period, the secretary shall issue a final ocean management plan and shall file the plan, together with legislation necessary to implement the plan, if any, by filing the same with the clerks of the house of representatives and senate. (h) The secretary shall promulgate regulations to implement, administer and enforce this section and shall interpret this section and any regulations adopted hereunder consistent with his power to enforce the laws. These regulations shall include provisions for the review of the ocean management plan, its baseline assessment and the enforceable provisions of relevant statutes and regulations at least once every 5 years. (i) The joint committee on state administration and regulatory oversight, in this subsection called the committee, may review a proposed ocean management plan or regulations proposed or adopted pursuant to this chapter. The committee shall consult with the joint committee on environment, natural resources and agriculture in performing this review. The committee may hold public hearings concerning a proposed ocean management plan or a proposed or existing regulation and may submit to the secretary comments concerning the merit and appropriateness of the plan or regulations to be promulgated and an opinion on whether the proposed plan or regulations are authorized by, and consistent with, this chapter and existing state laws and regulations. The secretary shall respond in writing within 10 days to the committee's written questions relevant to the committee's review of a proposed plan or proposed or existing regulation. The secretary shall provide to the committee, without charge, copies of all public records in the secretary's custody relating to the proposed plan or regulation or action in question within 10 days of a request by the committee. The committee may issue a report with proposed changes to a proposed plan or proposed or existing regulation and shall transmit this report to the secretary. If the secretary does not adopt the proposed changes contained in the committee's report, the secretary shall notify the committee in writing of the reasons why he did not adopt the changes either at the time he adopts a proposed plan or proposed regulation or within 21 days of receiving the committee's report on an existing regulation. (j) The ocean management plan shall be consistent with this section and all other general and special laws. The ocean management plan shall not be construed to supersede existing general or special laws, or to confer rights and remedies in addition to those conferred by existing general or special laws. (k)(1) In the geographic area subject to the ocean management plan, as described in paragraph (b), commercial and recreational fishing shall be allowable uses, subject to the exclusive jurisdiction of the division of marine fisheries. Any component of a plan which regulates commercial or recreational fishing shall be developed, promulgated and enforced by the division of marine fisheries pursuant to its authority under chapter 130. (2) A component of an ocean management plan which does not have as its primary purpose the regulation of commercial or recreational fishing but which has an impact on such fishing shall minimize negative economic impacts on commercial and recreational fishing. Prior to inclusion in an ocean management plan, a component with such a reasonably foreseeable impact shall be referred to the division of marine fisheries, which shall, in writing and in a timely and efficient manner, evaluate the component for its impact on commercial and recreational fishing and, if possible, develop and recommend to the secretary any suggestions or alternatives to mitigate or eliminate any adverse impacts. (3) The director of marine fisheries, subject to the approval of the marine fisheries advisory commission, shall have sole authority for the opening and closing of areas within the geographic area described in subsection (b) for the taking of any and all types of fish, pursuant to section 17A of chapter 130. Nothing in this section shall be construed to limit the powers of the director pursuant to section 17 of chapter 130 or any other provision thereto. (l) The ocean management plan shall require an environmental DNA study to determine the nature of the habitat of and usage by the marine life specific to the area and shall examine potential impacts to the ecosystem, including, but not limited to, commercial and recreational fishing.

M.G.L. c. 21A, § 5 Program review boards; appointment; reports; expenses

c. 21A, § 5. Program review boards; appointment; reports; expenses Section 5. The secretary shall have the power to appoint one or more program review boards consisting of individuals who have demonstrated interest and competence in matters relevant to the area under review so that each major program area within the office shall be reviewed by such a board not less than once every four years. The written reports of such reviews shall be submitted to the secretary and shall be available to the public upon request. The members of such boards shall receive no compensation but shall be reimbursed for expenses necessary to the performance of their duties.

M.G.L. c. 21A, § 6 Experts and assistants; appointment; qualifications; classified employees; tenure

c. 21A, § 6. Experts and assistants; appointment; qualifications; classified employees; tenure Section 6. Subject to appropriation, the secretary, with the approval of the governor, may appoint such experts and other assistants as he shall deem necessary to perform the functions of his office, provided that the provisions of chapter thirty-one and section nine A of chapter thirty shall not apply to any person holding any such appointment. Every person so appointed to any position in his office shall have experience and skill in the field of such position. So far as practicable in the judgment of the secretary, appointments to such positions in his office shall be made by promoting employees of the commonwealth serving in positions which are classified under chapter thirty-one, and such appointments shall at all times reflect the professional needs of the department or division affected. If an employee serving in a position which is classified under chapter thirty-one or in which he has tenure by reason of section nine A of chapter thirty shall be appointed to a position within his office which is not subject to the provisions of chapter thirty-one, he shall upon termination of his service in such unclassified position be restored to the position which he held immediately prior to such appointment; provided, however, that his service in such unclassified position shall be determined by the civil service commission in accordance with the standards applied by said commission in administering chapter thirty-one. Such restoration shall be made without impairment of his civil service status or tenure under section nine A of chapter thirty and without loss of seniority, retirement, or other rights to which uninterrupted service in such prior position would have entitled him. During the period of such appointment, each person so appointed from a position in the classified civil service shall be eligible to take any competitive promotional examination for which he would otherwise have been eligible.

M.G.L. c. 21A, § 7 Departments; commissioners, appointment, removal, qualifications, functions, salary

c. 21A, § 7. Departments; commissioners, appointment, removal, qualifications, functions, salary Section 7. In the executive office shall be an office of the secretary, a department of environmental protection, a department of conservation and recreation, a department of agricultural resources, a department of fish and game, a department of public utilities, and a department of energy resources. Each department shall be headed by a commissioner. Each commissioner shall be appointed and may be removed by the secretary, with the approval of the governor. Each commissioner shall be a person of skill and experience in the field of his appointment. The commissioner of each department may adopt reasonable regulations to allow those employees within his department to testify in civil proceedings so as to further the performance of the department's business. The commissioner of each department shall appoint all necessary employees within his department, except as may be otherwise provided by law. The positions of commissioner shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. Each commissioner shall perform such functions as may be assigned to him by the secretary and shall devote his full time during business hours to the duties of his position. In case of a vacancy or an emergency, the secretary may appoint a person as acting commissioner for a period not exceeding six months, of any of the above departments, provided, the appointee is a person of skill and experience in the field of his appointment. The positions of the commissioners shall be classified in accordance with section forty-five of chapter thirty and the salaries shall be determined in accordance with section forty-six C of said chapter thirty.

M.G.L. c. 21A, § 7B State geologist

c. 21A, § 7B. State geologist Section 7B. The chancellor of the University of Massachusetts Amherst in consultation with the secretary of the executive office of environmental affairs and department of geosciences shall appoint a professional geologist to be state geologist. The state geologist shall perform research on the land, mineral, and water resources of the state; coordinate and facilitate research and communication among various agencies, researchers and stakeholders; collect, compile, analyze and preserve data pertaining to the geologic environment; disseminate the findings of such research to the public through maps, reports, and other publications; and, direct the Massachusetts geological survey. The state geologist shall advise all other branches of state and local government, concerning the geologic character of the state and its implications for both economic and scientific needs in conjunction with all existing and future environmental factors relating to the geology of the state. The state geologist shall maintain liaison with federal and other state geological surveys, and academic institutions. The state geologist shall have a term limit of 5 years at which time the appointment can be reviewed, revoked or renewed.

M.G.L. c. 21A, § 8 Organization of departments; powers, duties and functions

c. 21A, § 8. Organization of departments; powers, duties and functions Section 8. The department of environmental protection shall include the bureau of environmental sanitation and all the powers and duties assigned to said bureau which relate to environmental health, air pollution control, noise regulation, community sanitation, water supply and water quality, noisome trades and sanitary landfills, and including those set forth in sections two B, two C, five E, five F, five G, seventeen, twenty-three, twenty-four, thirty-one C, thirty-one D, one hundred and forty-two A to one hundred and forty-two E, inclusive, one hundred and forty-three, one hundred and forty-seven, one hundred and fifty A, one hundred and fifty-two, one hundred and fifty-nine, one hundred and sixty to one hundred and sixty-six, inclusive, and one hundred and seventy-five of chapter one hundred and eleven, the division of water pollution control, and the powers and duties contained in section forty of chapter one hundred and thirty-one. The department of environmental protection shall maintain, in one location, copies of all city and town sanitary codes, and all rules, regulations and standards that pertain to public health, and any amendments and additions thereto, which have been adopted by boards of health pursuant to section thirty-one of chapter one hundred and eleven. The department shall make said information available for public inspection and reference, and shall charge a fee for reproducing and mailing said information which shall be in an amount sufficient to cover the expense of providing such services. In regulating or approving any pollution prevention, control or abatement plan, strategy, or technology, through any permit, license, regulation, guideline, plan approval or other departmental action affecting or prohibiting the emission, discharge, disposal, release, or threat of release of any hazardous substance to the environment, or in establishing standards for such emission, discharge, disposal, release, or threat of release, pursuant to any statute administered by said department, the department may consider the potential effects of such plans, strategies and technologies on public health and safety and the environment that may arise through any environmental medium or route of exposure that is regulated by the department pursuant to any statute; and said department shall act to minimize and prevent damage or threat of damage to the environment. In no event shall the department authorize implementation of any plan, strategy or technology less protective of the environment than required by any applicable federal statute, regulation, permit, license, or plan approval. The department of environmental protection shall assist in the implementation of chapter 21N. The provisions of this section shall not limit or restrict any existing authority of the department of environmental protection. The department of conservation and recreation shall include a division of state parks and recreation and a division of water supply protection. The department of agricultural resources shall include, the board of food and agriculture, the pesticide board, the state reclamation board, and any divisions or bureaus created under said department pursuant to section six of chapter twenty. The department of fish and game, shall include the fisheries, wildlife and environmental law enforcement advisory board, division of fisheries and wildlife, fisheries and wildlife board, boating and recreational vehicle safety advisory board, public access board, division of marine fisheries and the marine fisheries advisory commission. The department of fisheries, wildlife and environmental law enforcement shall have the power to take by eminent domain under the provisions of chapter seventy-nine and chapter eighty A lands and interests therein determined by the commissioner thereof as necessary or desirable to carry out the policies, programs or authorities of said department, including, but not limited to, the acquisition of locations of public access, designated by the public access board pursuant to section seventeen A of chapter twenty-one. Said department shall administer and maintain a riverways program that shall provide, in addition to other services, technical assistance to cities, towns and citizens groups regarding protection and restoration of the ecological integrity of rivers, streams and riparian lands and promotion of public access to such rivers, streams and riparian lands. There shall be within the department of fisheries, wildlife and environmental law enforcement an advisory board to be known as the fisheries, wildlife and environmental law enforcement advisory board. Said board shall consist of two members of the fisheries and wildlife board, one member of the natural heritage and endangered species advisory committee, three members of the marine fisheries advisory commission and three members of the boating and recreational vehicles safety advisory board, of which at least one member shall represent boating interests. The fisheries and wildlife board, the natural heritage and endangered species advisory committee, the marine fisheries advisory commission and the boating and recreational vehicles safety advisory board shall each appoint from its own members by majority vote the persons on said board representative of such board, committee or commission. Each member appointed to the advisory board will serve for a term of three years and may be reappointed for similar terms. The advisory board shall advise the commissioner on matters relevant to the affairs of the department, shall meet at least quarterly and at the request of the commissioner. The members of the advisory board shall receive no compensation but shall be reimbursed by the department for expenses necessary to the performance of their duties. The office of the secretary shall include the office of law enforcement, the division of conservation services, including the committee for conservation of soil, water and related resources, and the water resources commission and the Massachusetts coastal zone management office.

M.G.L. c. 21A, § 8A Water resources commission; members; terms

c. 21A, § 8A. Water resources commission; members; terms Section 8A. There shall be established within the executive office of environmental affairs the water resources commission hereinafter in this section and in sections eight B to eight F, inclusive, called the commission, which shall consist of the secretary of the executive office of environmental affairs, the commissioner of the department of environmental protection, the commissioner of the department of conservation and recreation, the commissioner of the department of fish and game, the commissioner of the department of food and agriculture, and the secretary of housing and livable communities, all of whom shall serve ex officio, and 5 persons to be appointed by the governor. The 5 members appointed by the governor for a term of three years shall each represent a major type of water user, have a demonstrated knowledge in at least one area of water resource management, have a demonstrated interest in statewide water resource issues, and an ability to address all issues at a level of expertise commensurate with the commission's mandate; provided, however, that one member so appointed shall be a member of the groundwater industry. The governor's appointments shall be made with appropriate consideration being given to a list of candidates provided by the secretary of environmental affairs. In his initial appointments the governor shall designate two members to serve for one year, two for a term of two years and two for a term of three years and their successors shall serve for terms of three years.

M.G.L. c. 21A, § 8B Chairman; duties of commission

c. 21A, § 8B. Chairman; duties of commission Section 8B. The secretary shall be chairman of said commission. The responsibilities and duties of said commission shall include:— (a) development of a water resources management policy framework within which the water resource policies, plans and management programs of the several agencies and departments under the secretary shall function; (b) coordination of water resources planning and management functions among the several agencies and departments under the secretary; (c) review and comment on all policies brought before the commission; (d) annual review and comment on all programs relating to water resource management of the several agencies and departments under the secretary; (e) establishment of criteria and priorities for all water resource-related cooperative programs with the federal government, with any other state, or with any executive office, department, or division of the commonwealth; (f) development and periodic updating of comprehensive water resource management plans for river basins, giving consideration to regional and statewide needs and to integration of waste-water management into water resource planning; (g) development of water allocation criteria which takes into account demographic, hydrologic, and environmental characteristics; (h) development of a management information system and data processing capability for the central collection, storage and retrieval of water resource management information. Further, the commission may be responsible for dissemination of said information to the several agencies and departments under the secretary, to other state agencies and to the public on request. A fee may be charged for retrieval of information from said system. (i) development of an education program which encouraged broad public participation at both municipal and regional levels, with emphasis on encouragement of long term water resource and wastewater planning and management by municipalities and by regional planning agencies.

M.G.L. c. 21A, § 8C Water supply policy statement; update and report

c. 21A, § 8C. Water supply policy statement; update and report Section 8C. The commission shall further be responsible for updating the Massachusetts water supply policy statement at intervals which shall not exceed five years. The commission shall incorporate any recommendations of municipalities and regional planning agencies as appropriate, and shall include, as appropriate, consideration of coordination of wastewater management, and shall submit a report of its findings to the clerk of the house of representatives and to the clerk of the senate at the completion of each update of the policy statement.

M.G.L. c. 21A, § 8D Rules and regulations

c. 21A, § 8D. Rules and regulations Section 8D. The commission may establish rules and regulations as may be necessary for the proper administration of sections eight A to eight F, inclusive, and shall annually submit to the budget commissioner the estimates required by sections three and four of chapter twenty-nine and shall file an annual report as required by sections thirty-two and thirty-three of chapter thirty.

M.G.L. c. 21A, § 8E Director; staff

c. 21A, § 8E. Director; staff Section 8E. The commission shall be staffed by a director appointed by the secretary, who shall not be subject to the provisions of chapter thirty-one nor the provisions of section nine A of chapter thirty, and by such technical and clerical staff as the secretary, subject to appropriation, may appoint in order to fulfill the requirements of this chapter. Said technical and clerical staff shall not be subject to the provisions of chapter thirty-one nor the provisions of section nine A of chapter thirty.

M.G.L. c. 21A, § 8F Meetings; expenses; per diem

c. 21A, § 8F. Meetings; expenses; per diem Section 8F. The commission shall meet at least once a month, on the second Monday, and may meet more often as the members may determine. The members shall be reimbursed for expenses incurred in connection with their duties and the appointed members of the commission shall, subject to appropriation, receive in addition to their expenses, fifty dollars per day for each day or part thereof of service to said commission.

M.G.L. c. 21A, § 9 Grants and gifts; expenditure; records

c. 21A, § 9. Grants and gifts; expenditure; records Section 9. The office may accept any gifts or grants of money or property, whether real or personal, from any source, public or private, including, but not limited to, the United States or its agencies, in order to assist it in discharging its duties. Grants and gifts of money shall be expended according to the laws pertaining to the expenditure of funds, and records of these expenses shall be audited by the state auditor.

M.G.L. c. 21A, § 10A Office of law enforcement; director; deputies; environmental police officers; rules and regulations

c. 21A, § 10A. Office of law enforcement; director; deputies; environmental police officers; rules and regulations Section 10A. The office of law enforcement shall be in the executive office of environmental affairs and shall be under the administrative supervision of a director who shall be called the director of law enforcement. The director shall be qualified by training, experience and executive ability and shall not be subject to chapter 31. The secretary shall appoint the director and may remove him. The director shall appoint and may remove with the approval of the secretary such deputy directors of enforcement and chiefs of enforcement as may be necessary to carry out the duties of the office; provided, however, that the chief of enforcement of the boating and recreation vehicle safety enforcement bureau shall be appointed and may be removed by the director with the approval of the boating and recreational vehicle safety advisory board established pursuant to section 11 of chapter 21A. Such positions shall not be subject to chapter 31. The deputy directors of enforcement, assisted by law enforcement coordinators, shall perform such enforcement and administrative duties as assigned by the director. The director may with the approval of the secretary designate employees of the commonwealth and the United States as deputy environmental police officers. The director may promulgate rules and regulations necessary for implementation of sections 10A to 10H, inclusive; provided, however, that no rule or regulation promulgated under this section shall take effect before the thirtieth day next following the date on which a copy of such rule or regulation has been filed with the joint committee on natural resources and agriculture.

M.G.L. c. 21A, § 10B Enforcement of penal laws

c. 21A, § 10B. Enforcement of penal laws Section 10B. It shall be the duty of the office of law enforcement to enforce all penal laws which it is the duty of any agency within the executive office of environmental affairs to enforce, the General Laws or any special laws to the contrary notwithstanding. Nothing in this section shall be construed as divesting other officers or employees of the commonwealth of the duty to enforce laws as provided for in the General Laws or any special laws. It shall also direct all inspections, claims and investigations. All police agencies shall at once notify the office of law enforcement or an environmental police officer thereof of a person presumed to be lost in any of the woodlands of the commonwealth.

M.G.L. c. 21A, § 10C Authority of officers

c. 21A, § 10C. Authority of officers Section 10C. The director, deputy directors of enforcement, chiefs of enforcement and all deputy chiefs of enforcement, law enforcement coordinators, and the wardens, as defined in section 1 of chapter 131, and all environmental police officers and deputy environmental police officers shall have and exercise throughout the commonwealth, subject to such rules and regulations as the director, with the approval of the secretary, may from time to time adopt, all the authority of police officers and constables, except the service of civil process. Such rules and regulations shall be filed with the state secretary in accordance with section 37 of chapter 30. The director may authorize in writing any such deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, and any environmental police officer to have in their possession and carry a firearm, revolver, club, billy, handcuffs, twisters, or any other weapon or article required in the performance of official duty.

M.G.L. c. 21A, § 10D Uniforms; badges; fine for unlawful use

c. 21A, § 10D. Uniforms; badges; fine for unlawful use Section 10D. Each deputy director of enforcement, chief of enforcement, deputy chief of enforcement, warden, environmental police officer or deputy environmental police officer, when on duty and in uniform shall wear on his outer clothing or otherwise display a metallic badge bearing the seal of the commonwealth and appropriate words to identify his position, together with a number to be assigned by the director. The director may, with the approval of the secretary, prescribe by rules and regulations a standard form of uniform to be worn by such personnel. Such badge or uniform or any distinctive part thereof so prescribed shall be worn only by such personnel entitled thereto under the rules and regulations. Whoever violates this section by wearing such badge or uniform without authority or by impersonating an officer authorized to wear such badge or uniform shall be punished by a fine of not less than $10 or more than $100 dollars.

M.G.L. c. 21A, § 10E Entry on private land; disposition of animals

c. 21A, § 10E. Entry on private land; disposition of animals Section 10E. The secretary, director, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers, may in the performance of their duties enter upon and pass through or over private property or lands whether or not covered by water, and may keep or dispose of sick, dead, injured, or helpless fish, birds or mammals that may come into their possession, subject to such rules and regulations as the director, with the approval of the secretary, may adopt.

M.G.L. c. 21A, § 10F Rules and regulations; hours and pay for boat based and land based personnel; assignments

c. 21A, § 10F. Rules and regulations; hours and pay for boat based and land based personnel; assignments Section 10F. Notwithstanding chapter 149 or of any other general or special law to the contrary, the director, with the approval of the secretary, shall make rules and regulations governing the tours of duty and hours of work for the deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement and environmental police officers. The rules and regulations shall provide, in the case of boat based personnel, that such officers may be required to be on duty up to 96 consecutive hours, and off duty a similar number of hours, for each tour of duty. Land based personnel, however, shall be compensated for any additional work in accordance with section 30C of chapter 149. Boat personnel shall be paid $4.50 in lieu of meals allowances for each day of duty and shall be deemed to be on full travel status. Such rules and regulations shall also provide for the assignment of all officers of the division to any area within the commonwealth and for the conduct of such officers in the performance of their duties.

M.G.L. c. 21A, § 10G Requests for name and address; penalties for refusal to provide information; notices of violations; appearances and payment of fines; seizure and forfeitures

c. 21A, § 10G. Requests for name and address; penalties for refusal to provide information; notices of violations; appearances and payment of fines; seizure and forfeitures Section 10G. If the director, his assistant or any environmental police officer, deputy environmental police officer, members of the state police, local police, local town law enforcement officials in shellfish beds over which they have jurisdiction, or harbormasters acting pursuant to authority arising under chapter 90B, employed to enforce the sections contained in section 10H determines that a violation thereof has occurred or is occurring, he may request the offender state his name and address. Whoever, upon such request, refuses to state his name and address may be arrested without a warrant, or if he states a false name and address or a name and address which is not his name and address in ordinary use, shall be punished by a fine of not more than $200 dollars. Such officer may, as an alternative to instituting criminal proceedings, forthwith give to the offender a written notice to appear before the clerk of the district court having jurisdiction at any time during office hours, not later than 21 days after the date of such violation. Six copies of such notice shall be made and each shall contain the name and address of the offender and, if served with the notice in hand at the time of such violation, the number of his license, if any, to operate motor vehicles; the registration number of the vehicle or motorboat involved, if any; the number of the license, certificate of permit, if any, issued pursuant to chapter 130 or chapter 131 which is relevant to the violation; the specific offense or offenses charged and the time and place of the violation; and the time and place for his required appearance. The notice shall be signed by the officer, and shall be signed by the offender in acknowledgment that the notice has been received. The officer shall deliver to the offender at the time and place of the violation a copy of the notice. At or before the completion of each tour of duty the officer shall forward to his commanding officer copies of each notice of such violation that he has issued during such tour. The commanding officer shall promptly mail 1 copy of each notice to the director and shall retain and safely preserve 1 copy. Before the end of his tour of duty such issuing officer shall forward to the respective court before whom the offender has been notified to appear the court copy of each notice of such violation that he has issued during such tour. The clerk of each district court shall maintain a separate docket of all such notices to appear. Any person so notified to appear before the clerk of a district court may appear before such clerk and confess the offense charged, either personally or through an agent duly authorized in writing; or may mail to such clerk, with the citation, the fine provided on the citation, provided that it is the first offense for such violation within 2 calendar years. At the time of such appearance the person shall provide the clerk with the notice issued by said officer and shall pay to the clerk the fine as provided in section 10H, such payment to be made only by cash, postal note, money order or certified check. Payment of the fine shall operate as a final disposition of the case. Proceedings under this paragraph shall not be deemed criminal and a person notified to appear before the clerk of a district court shall not be required to report to any probation officer, and no record of the case shall be entered in the probation records. If at any time the court finds that the interests of justice so require, it may cause a warrant to be issued as provided in section 32 of chapter 218. If any person notified to appear before the clerk of the district court fails to so appear and pay the fine provided under this section or, having appeared, desires not to avail himself of the procedure for the non-criminal disposition of the case, the clerk shall notify the officer concerned, who shall forthwith make a criminal complaint. If any person fails to appear in accordance with a summons issued upon such complaint, the clerk shall send to such person by certified mail, return receipt requested, a notice that the complaint is pending and that if the person fails to appear within 21 days from the sending of such notice, the court shall issue a warrant for his arrest. The director, his assistants, any environmental police officers, deputy environmental police officers, members of the state police, local police and shellfish constables in areas of their respective jurisdiction empowered to enforce section 10H may seize any fish, birds, or mammals unlawfully taken or held which shall be forfeited to the commonwealth and disposed of by the director for the best interests of the commonwealth. The secretary shall adopt rules and regulations consistent with this chapter and shall file the regulations in accordance with section 37 of chapter 30. All fines, penalties and forfeitures in actions under this section or section 10H shall be paid to the general fund of the city or town in which the violation occurred; provided, however, that if the complaining officer is receiving compensation from the commonwealth, such fines, penalties and forfeitures shall be paid to the commonwealth; and provided, further, that if the complaining officer is an environmental police officer or deputy environmental police officer, such fines, penalties and forfeitures shall be retained by the division of law enforcement; and provided, further, that if the complaining officer is a chief park ranger or park ranger, such fines, penalties or forfeitures, in addition to those imposed pursuant to section 16 of chapter 270, shall be forwarded to the department of conservation and recreation to be deposited as revenue and shall be applicable to the department's retained revenue account. At the end of each fiscal year, the office of law enforcement shall pay the Inland Fish and Game Fund an amount equivalent to the sum of all fines, penalties and forfeitures received by the office of law enforcement during such fiscal year for violations of chapter 131 or the regulations promulgated under this chapter. The director shall issue books of non-criminal citation forms to the enforcement personnel authorized under this section. The director may charge a reasonable fee for such citation forms in accordance with section 3B of chapter 7.

M.G.L. c. 21A, § 10H Fines for categories of violations

c. 21A, § 10H. Fines for categories of violations Section 10H. (a) For the purposes of this section, "person'' shall mean a natural person, corporation, association, partnership or other legal entity or other legal agency or political subdivision of the commonwealth. (b) A person notified to appear before the clerk of a district court as provided in section 10G for: (i) a violation of the regulations promulgated pursuant to section 11B, the regulations promulgated pursuant to chapter 90B, the rules and regulations of the division of fisheries and wildlife regulating activity on land under the management of the division or for a violation of section 2 to 4, inclusive, 5, 5A, 6, 7, subsection (b) of section 9, section 12, 12A or 13A of said chapter 90B may so appear within the time specified and pay a fine of $50; (ii) a violation of sections 21 to 24, inclusive, of said chapter 90B may so appear and pay a fine of $250; (iii) a violation of section 5C of said chapter 90B may so appear and pay a fine of $2,000; (iv) a violation of the regulations promulgated pursuant to section 17A, of section 18, 19, 30, 31, 33 to 36, inclusive, 51, 51A, 66, 69 to 72, inclusive, 100C or 102 of chapter 130 may so appear and pay a fine of $100; (v) a violation of section 13, 17, 21, 29, 37, 38, 38A, 39, 41, 41A, 44, 44A, 44B, 47, 49, 80, 81, 82, 92, 100A, 100B or 106 of said chapter 130 may so appear and pay a fine of $200; (vi) a violation of section 23, 25, 67, 68, 75, 95 or 100D of said chapter 130 may so appear and pay a fine of $400; (vii) a violation of section 73 of chapter 131 may so appear and pay a fine of $500; [ Clause (viii) of subsection (b) effective until November 25, 2025. For text effective November 25, 2025, see below.] (viii) a violation of section 17, 17A, 34, 35, 37, 41, 41A, 44, 44A, 44B or 95, of the regulations promulgated pursuant to section 100A or of section 100B or 100C of said chapter 130 may so appear and pay, in addition to the applicable fine specified in this section, a supplemental fine of $10 per fish; provided, however, that for the purpose of this paragraph, the term "fish'' shall have the meaning provided in section 1 of said chapter 130, but shall not include bi-valve shellfish; [ Clause (viii) of subsection (b) as amended by 2025, 73, Sec. 10 effective November 25, 2025. For text effective until November 25, 2025, see above.] (viii) a violation of section 17, 17A, 34, 35, 37, 41, 41A, 44, 44A, 44B or 95, of the regulations promulgated pursuant to section 100A or of section 100B or 100C of said chapter 130 may so appear and pay, in addition to the applicable fine specified in this section, a supplemental fine for a recreational fisher of $10 per fish or $5 per pound of striped bass or for a commercial fisher of the market value of all catch seized and labeled pursuant to section 12 of said chapter 130 not to exceed $10,000; provided, however, that for the purpose of this paragraph, the term "fish'' shall have the meaning provided in section 1 of said chapter 130, but shall not include bi-valve shellfish; (ix) a violation of section 21A, 60 to 65A, inclusive, 68, 75A or 77A of said chapter 131 may so appear and pay a fine of $200; or (x) a violation of subsection (b), (c) or (e) of section 8 of said chapter 90B or any other violation of said chapter 131 may so appear and pay a fine of $100.

M.G.L. c. 21A, § 10I Surcharge added on fines for violations under chapter 21A when complaining officer is environmental police officer or deputy environmental police officer

c. 21A, § 10I. Surcharge added on fines for violations under chapter 21A when complaining officer is environmental police officer or deputy environmental police officer Section 10I. There shall be a surcharge of 20 per cent on a fine assessed against a person convicted of or found responsible for a violation under this chapter or a violation of a special regulation made under this chapter if the complaining officer was an environmental police officer or deputy environmental police officer. Notwithstanding the provisions relative to the distribution of fines, penalties and forfeitures in the ninth paragraph of section 10G, such surcharge shall be deposited into the Massachusetts Environmental Police Trust Fund established in section 2LLLL of chapter 29.

M.G.L. c. 21A, § 10J Incapacity of environmental police officer due to injuries sustained in performance of duties; leave without loss of pay

c. 21A, § 10J. Incapacity of environmental police officer due to injuries sustained in performance of duties; leave without loss of pay Section 10J. (a) Whenever an environmental police officer of the office of law enforcement is incapacitated and unable to perform the duties of such an officer because of injuries sustained in the performance of the environmental police officer's duties, without the fault of the officer, the injured officer shall be granted leave without loss of pay for the period of the officer's incapacity; provided, however, that such leave shall not be granted for any period after the injured officer has retired or been pensioned in accordance with the law or for any period after a physician designated by the director of law enforcement determines that the incapacity no longer exists. All amounts payable pursuant to this section shall be paid at the same time and in the same manner as the regular compensation of the injured officer and for all purposes shall be deemed to be the officer's regular compensation. (b) When the injury causing the incapacity of an environmental police officer, for which that officer is granted a leave without loss of pay and is paid compensation in accordance with this section, was caused by circumstances creating a legal liability requiring a person to pay damages in respect thereof, either the injured officer or the office paying the compensation may enforce the liability of the person in any court of competent jurisdiction. The sum recovered shall be for the benefit of the office paying the compensation, unless the sum is greater than the compensation paid to the injured officer, in which event the excess shall be retained by or paid to the injured officer. For the purposes of this section, the term ''excess'' shall mean the amount by which the total sum received in payment for the injury, exclusive of interest and costs, exceeds the amount paid pursuant to this section as compensation to the injured officer. The party bringing the action shall be entitled to any costs recovered by that party. Any interest received in the action shall be apportioned between the office and the injured officer in proportion to the amounts received by them respectively, inclusive of interest and costs. The expense of attorney's fees shall be divided between the office and the injured officer in proportion to the amounts received by them respectively. (c) Whoever intentionally or negligently injures an environmental police officer for which the officer is granted a leave without loss of pay and is paid compensation in accordance with this section shall be liable in tort to the office paying such compensation for all costs incurred by that office in replacing the injured officer that in excess of the amount of compensation so paid.

M.G.L. c. 21A, § 11 Boating safety advisory board

c. 21A, § 11. Boating safety advisory board Section 11. There shall be within the office of law enforcement a boating safety advisory board. The board shall consist of 5 members to be appointed by the governor, 2 of whom shall be representatives of the boating public, each of whom shall hold a certificate of number issued pursuant to section 3 of chapter 90B; 1 of whom may represent the harbormaster's association; and 2 of whom shall represent the recreational boating business, 1 of whom shall operate a boat dealership. Each member shall serve for a term of 3 years. The chair of the board shall be appointed from among the 5 members, annually by the governor and, in the absence of same, shall be designated by the director. Board members shall be appointed or reappointed for terms of 3 years. The boating safety advisory board shall meet at least quarterly and 3 members in attendance shall constitute a quorum. The chiefs of enforcement of the coastal enforcement bureau and the inland enforcement bureau established under section 6 of chapter 21, or their designees, shall attend all meetings of the board and shall provide such information as the board shall request. The board shall review the budgetary recommendations of the director and the secretary of energy and environmental affairs concerning the expenditure of federal funds allocated to the division for recreational boating safety each fiscal year prior to the submission of such recommendations to the secretary or the governor, as the case may be. In the event the board disapproves of any such recommendation it may file a report noting its objection and such report shall be transmitted to the governor and to the house and senate committees on ways and means.

M.G.L. c. 21A, § 11A Bicycle and pedestrian advisory board

c. 21A, § 11A. Bicycle and pedestrian advisory board Section 11A. There is hereby established within the office of planning and programming a bicycle and pedestrian advisory board. The board shall oversee the state's bicycle and pedestrian activities and advise the bicycle and pedestrian program office. The board shall consist of the secretary of transportation or his designee; the secretary of environmental affairs or his designee; the administrator of highways or his designee; the commissioner of environmental management or his designee; the commissioner of the department of conservation and recreation or his designee; the general manager of the Massachusetts Bay Transportation Authority or his designee; the colonel of state police or his designee; the commissioner of public health or his designee; the executive director of travel and tourism or his designee; 1 representative of a regional planning agency; 7 non-governmental members who shall be appointed by the governor upon recommendation of the co-chairmen of the board; 3 of whom shall be experts in bicycle safety; 1 of whom shall be a representative of the commercial bicycle industry; 3 of whom shall be representatives of bicycle organizations; and 7 members who are experts in pedestrian transportation. The bicycle and pedestrian program manager shall serve ex-officio. Each appointee shall serve without compensation for a term of 2 years and may be reappointed to serve for not more than 3 consecutive terms. Two chairmen shall be selected by a majority vote of the board members but at least one of the chairman shall not be an employee of the commonwealth. The advisory board shall meet at least 4 times each year. The board shall monitor the implementation of the Massachusetts statewide bicycle transportation plan and the Massachusetts statewide pedestrian transportation plan and assist the bicycle and pedestrian program office in preparing future plan updates. Initially, the non-governmental members shall be appointed by the governor, chosen from a list of qualified applicants fairly representing the various geographical regions of the Commonwealth, as provided by the Bicycle Coalition, also known as MassBike, a state-wide bicycle advocacy organization and by WalkBoston, a metropolitan area pedestrian organization.

M.G.L. c. 21A, § 11B Public access board; composition; meetings; designation of public access points; regulations; purchase of equipment

c. 21A, § 11B. Public access board; composition; meetings; designation of public access points; regulations; purchase of equipment Section 11B. There shall be in the department of fisheries, wildlife and environmental law enforcement a board to be known as the public access board composed of the director of the division of fisheries and wildlife, the director of the office of law enforcement, the director of the division of marine fisheries, the director of the division of forests and parks and the deputy chief engineer of the division of waterways or their respective designees and the chairmanship of said board shall be by vote of said members. The board shall meet at the call of the chairman and shall by majority vote designate locations of public access to great ponds and other waters within the commonwealth and locations of trails and paths for snowmobiling, hiking, skiing or other uses; provided, however, that no location shall be so designated except after a public hearing in the city or town in which it is situated. Notice of such hearing shall be given in the case of a city, to its mayor and in the case of a town, to its board of selectmen at least twenty days before the date of the hearing. The department shall, after receiving written notice of such designation, acquire by purchase, gift, or lease or, with the consent of the governor, by eminent domain such land and water areas, or interests and easements therein, which have been designated by said board for the purpose of providing such public access, trails and related facilities, or it may utilize public lands with the consent of the department or other public agency in charge thereof. The department may construct such roads, parking areas, docks, ramps, trails, shelters, comfort stations and related facilities as may be designated by said board and shall maintain, operate and improve such facilities and associated land and water areas; provided, however, that the department may enter into agreements with other public agencies to transfer operation of such areas to said agency. The department may adopt, after public hearing, regulations governing the use of land and water areas under this section, violation of which may be punished by a fine of not more than $100 and which may be enforced by any employee of the commonwealth, or of a city or town, having police powers. The cost of such acquisition, construction, maintenance, operation and improvement, and the administrative and other expenses, including planning, incurred by the department in connection with the activities authorized by this section shall be chargeable to the General Fund. The board may purchase from sums appropriated safety, rescue, patrol and maintenance equipment and may transfer the same to agencies of the commonwealth having responsibilities for law enforcement or management of public lands.

M.G.L. c. 21A, § 11C Prohibition on alteration or pollution of rivers and streams; scenic and recreational classifications; restraint of violations; unreasonable use restriction petitions; uncompensated taking hearings; damages

c. 21A, § 11C. Prohibition on alteration or pollution of rivers and streams; scenic and recreational classifications; restraint of violations; unreasonable use restriction petitions; uncompensated taking hearings; damages Section 11C. The commissioner, with the approval of the stewardship council, may from time to time, for the purpose of promoting the public safety, health and welfare, and protecting public and private property, wildlife, fresh water fisheries, and irreplaceable wild, scenic and recreational river resources, adopt, amend, modify, or repeal orders regulating, restricting or prohibiting dredging, filling, removing or otherwise altering, or polluting the scenic and recreational rivers and streams of the commonwealth. The notice required by section two of chapter 30A as a condition precedent to the adoption or amendment of any regulation shall be given to each assessed owner of any land on the banks of any such river or stream. In this section, the term ''scenic and recreational rivers and streams of the commonwealth'' shall mean, rivers and streams of the commonwealth or portions thereof, and such contiguous land not to exceed one hundred yards on either side of the natural bank of such river as the commissioner reasonably deems it necessary to protect by any such order. The commissioner, with the approval of said board, may, for the purpose of protecting the scenic and recreational rivers and streams of the commonwealth, provide for the restriction and classification of the waters of said rivers and streams for scenic or recreational purposes. Signs indicating such restriction or classification shall be posted by the department at reasonable intervals along the banks of said rivers and streams. Upon adoption of any such order or any order amending, modifying or appealing the same, the commissioner shall cause a copy thereof, together with a plan of the river or stream or portion thereof affected and a list of the assessed owners of such lands, to be recorded in the registry of deeds for the county wherein said river or stream is located, and shall mail a copy of such order and plan to each assessed owner of such lands affected thereby. Such order shall not be subject to the provisions of chapter 184. Any person who violates any such order shall be punished by a fine of not less than ten dollars nor more than $100, or by imprisonment for not more than 6 months, or both. The superior court shall have jurisdiction in equity to restrain violations of such orders. Any person having a recorded interest in land affected by any such order, may, within 90 days after receiving notice thereof, petition the superior court to determine whether such order unreasonably restricts the use of his property as to deprive him of the practical uses thereof and which constitutes an unreasonable exercise of the police power so as to become the equivalent of a taking without compensation. If the court finds the order to be unreasonable, the court shall enter a finding that such order shall not apply to the land of the petitioner; provided, however, that such finding shall not affect any other land than that of the petitioner. The commissioner shall cause a copy of such finding to be recorded forthwith in the proper registry of deeds or, if the land is registered, in the registry district of the land court. The method provided in this paragraph for the determination of the issue of whether any such order constitutes a taking without compensation shall be exclusive, and such issue shall not be determined in any other proceeding, nor shall any person have a right to petition for the assessment of damages under chapter 79 by reason of the adoption of any such order. The department may, after a finding has been entered that such order shall not apply to certain land as provided in the preceding paragraph, take the fee or any lesser interest in such land in the name of the commonwealth by eminent domain under the provisions of chapter 79 and hold the same for the purposes set forth in this section. No action by the commissioner or the department under this section shall prohibit, restrict or impair the exercise or performance of the powers and duties conferred or imposed by law on the department of highways, the state reclamation board or any mosquito control or other project operating under or authorized by chapter 252. No order adopted under the provisions of this section shall be deemed to invalidate any order imposed prior thereto by the department of natural resources, the department of environmental management or the department of environmental protection pursuant to section 27A of chapter 130 or sections 40, 40A or 105 of chapter 131. Costs incurred under this section including, but not limited to, the acquisition of lands or interests therein, awards of damages, surveying and mapping, the preparation of designation plans, printing of reports, conducting of public hearings, and expenses incidental thereto may be paid in accordance with the provisions of section 17 of chapter 21. The superior court, upon a complaint in the nature of a civil action shall have the jurisdiction to determine whether an order promulgated under this section constitutes a taking without compensation. Such determination shall be independent of any determination by the court of the reasonableness of the exercise of the police power under this section. Said superior court is hereby authorized to hear a complaint of any person having a recorded interest in land or a class action under Rule 23 of the Massachusetts Rules of Civil Procedure and may award damages under the provisions of chapter 79 by reason of the adoption of the order, whether or not such order is determined to be unreasonable. If the court determines that such order is unreasonable, and if the commissioner shall petition under the provisions of chapter 79 for a taking by eminent domain, the court shall have the power to award damages to the person having the recorded interest in land affected by such order or make such general award of damages relative to a class of land owners who qualify under said Rule 23.

M.G.L. c. 21A, § 12 Rules and regulations; adoption; review

c. 21A, § 12. Rules and regulations; adoption; review Section 12. At least sixty days prior to the proposed promulgation by the secretary, the commissioner of the department of environmental protection or the commissioner of food and agriculture of any rule or regulation which substantially affects the public health, the secretary shall submit such rule or regulation to the commissioner of the department of public health for review and comment. If said commissioner of environmental protection or the department of public health determines that such proposed regulation would endanger the public health, he shall, within thirty days of his receipt of said proposed regulation, convey in writing to the secretary his reasons for such determination. If the secretary finds, after consultation with said commissioner of the department of public health, that such regulation would endanger the public health, such regulation shall not be promulgated. If, in accordance with the procedures set forth herein, said commissioner of the department of public health finds that such proposed regulation could reasonably result in the declaration of public health emergency pursuant to section two A of chapter seventeen, such regulation shall not be promulgated. If the secretary, the commissioner of environmental protection or the commissioner of food and agriculture finds that immediate adoption of such a regulation is necessary pursuant to the provisions of subsection three of section two of chapter thirty A, he may submit said regulation to the commissioner of public health upon its adoption. If said commissioner of the department of public health determines that such proposed regulation would endanger the public health he shall, within thirty days of his receipt of said regulation, convey in writing to the secretary his reasons for such determination. If the secretary finds, after consultation with said commissioner of the department of public health, that such regulation would endanger the public health, said regulation shall not remain in effect. If, in accordance with the procedures set forth herein, said commissioner of the department of public health finds that such regulation could reasonably result in the declaration of a public health emergency pursuant to section two A of chapter seventeen, said regulation shall not remain in effect. The commissioner of public health may propose to the secretary, the commissioner of environmental protection or the commissioner of food and agriculture amendments to the standards, rules and regulations of the department of environmental protection or the department of food and agriculture or new standards, rules and regulations in areas over which said departments take cognizance when in his opinion such amendments or new regulations are necessary to protect the public health. If the commissioner of public health finds that the failure of the department of environmental protection or the department of food and agriculture to promulgate said amendments or new regulations could reasonably result in the declaration of a public health emergency pursuant to section two A of chapter seventeen, the department of public health may promulgate said standards, rules and regulations, if the department of environmental protection or food and agriculture fails to do so. Such standard rules and regulations shall have the same force and effect as if they were promulgated by the departments of environmental protection or food and agriculture.

M.G.L. c. 21A, § 13 State environmental code; adoption; preparation of sewage disposal systems; enforcement of code

c. 21A, § 13. State environmental code; adoption; preparation of sewage disposal systems; enforcement of code Section 13. The commissioner of the department of environmental protection shall adopt, and from time to time amend, regulations to be known as the state environmental code. Any violation of such code, (a) shall be punishable by a fine of not more than twenty-five thousand dollars for each day that such violation occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b), shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each day that such violation occurs or continues. Said code shall become effective and have the force of law as provided in section six of chapter thirty A. Said code shall deal with matters affecting the environment and the well being of the public of the commonwealth over which the department takes cognizance and responsibility including, but not limited to, standards for the disposal of sewage. A duly registered sanitarian or a professional engineer registered in the commonwealth may prepare plans for subsurface systems for disposal of domestic sewage of not more than two thousand gallons per day. Any other plans for a sewage disposal system shall be prepared by a professional engineer registered in the commonwealth. The department shall not require an inspection of a system for the treatment and the disposal of sanitary sewage below the ground surface if the transfer is of residential real property, and is between the following relationships: (1) between current spouses; (2) between parents and their children; (3) between full siblings; and (4) where the grantor transfers the real property to be held in a revocable or irrevocable trust, where at least one of the designated beneficiaries is of the first degree of relationship to the grantor. Nothing contained in this code shall be in conflict with any general or special law. Notwithstanding the foregoing provisions, nothing in this section or in any rule or regulation shall prohibit the preparation of plans for the repair of subsurface systems for disposal of domestic sewage of not more than two thousand gallons per day by any agent of the owner thereof; provided, however, that such plans are reviewed and approved by the local health authority and by a licensed sanitarian. With regard to the enforcement of this section, including requirements related to forms utilized by septic system inspectors or local boards of health, the commissioner shall evaluate practices, which would minimize the paperwork burden for individuals, small businesses, contractors, state and local governments and their agents, and strive to ensure the greatest possible public benefit from and maximize the utility of information collected, created, maintained, used, shared and disseminated by or for the purpose of the code and to reduce the number of copies required for official use. For the purposes of this section, the term ''burden'' shall mean the time, effort or financial resources expended by persons to generate, maintain or provide information to or for a governmental agency, including the resources expended for: reviewing instructions; acquiring, installing and utilizing technology and systems; adjusting the existing ways to comply with any previously applicable instructions and requirements; searching data sources; completing and reviewing the collection of information; and transmitting or otherwise disclosing the information. Local boards of health shall enforce said code in the same manner in which local health rules and regulations are enforced but, if any such local boards fail after the lapse of a reasonable length of time to enforce the same, the department may in like manner enforce said code against any violator. The superior court shall have jurisdiction to enforce the provisions of said code and any actions brought to enforce said provisions shall be advanced for speedy trial.

M.G.L. c. 21A, § 13A System inspectors of on-site sewage disposal systems; penalty

c. 21A, § 13A. System inspectors of on-site sewage disposal systems; penalty Section 13A. A system inspector of on-site sewage disposal systems, approved by the department of environmental protection, who performs an on-site inspection sewage disposal system under the provisions of the state environmental code, shall not recommend a specific disposal system installer, including himself, to perform any work related to the replacement, repair, alteration or design of said system; provided, however, that all system inspectors shall, at the time of inspection, provide to the property owner a list prepared by the local board of health of local disposal system installers who are approved to perform such work. Each board of health shall prepare and make available a list containing the name, address, and phone number for at least five such installers who request to be included on such list. Nothing contained herein shall be construed to prohibit a system inspector from distributing such list on which his own name shall appear; provided, however, that such inspector shall in no way distinguish his name from others on such list. A violation of this section shall be punished by a fine of not more than $1,000.

M.G.L. c. 21A, § 14 Disposal of dredged materials

c. 21A, § 14. Disposal of dredged materials Section 14. The department of environmental protection is hereby authorized and directed to issue permits for the disposal of dredged materials within the marine boundaries of the commonwealth when it is determined that such disposal and such disposed material will not unreasonably degrade or endanger the marine environment or public health. Said permit shall include such terms and conditions as said department finds necessary to assure conformance with this section and any other general or special law within its jurisdiction. No person shall so dispose of dredged material except pursuant to and in accordance with the terms and conditions of such a permit. Any violation of any provision of this section or any rule or regulation promulgated pursuant thereto, (a) shall be punishable by a fine of not more than twenty-five thousand dollars for each day that such violation occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each day that such violation occurs or continues. Said department is further authorized and directed to promulgate rules and regulations for the transportation and disposal of such dredged material within the commonwealth so as to protect and enhance environmental quality, the public health, and natural resources.

M.G.L. c. 21A, § 16 Civil administrative penalties

c. 21A, § 16. Civil administrative penalties Section 16. As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Department'', the department of environmental protection. ''Person'', any agency or political subdivision of the commonwealth, any state, public or private corporation or authority, individual, trust firm, joint stock company, partnership, association or other entity or any group thereof or any officer, employee or agent thereof. The department may assess a civil administrative penalty on a person who fails to comply with any provision of any regulation, order, license or approval issued or adopted by the department, or of any law which the department has the authority or responsibility to enforce; provided, however, that such noncompliance occurred after the department had given such person written or electronic notice of such noncompliance, and after reasonable time, as determined by the department and stated in said notice, had elapsed for coming into compliance; and provided, further, that the department may assess such penalty without providing such written or electronic notice if such failure to comply: (1) was part of a pattern of noncompliance and not an isolated instance, or (2) was willful and not the result of error, or (3) resulted in significant impact on public health, safety, welfare or the environment, or (4) consisted of failure to promptly report to the department (a) any unauthorized disposal of hazardous waste, as is defined by chapter twenty-one C, or (b) any unauthorized release or discharge of oil or hazardous material into the environment, as are defined by chapter twenty-one E, or (5) consisted of failure to maintain a permanent solution or a remedy operation status, pursuant to chapter 21E, or (6) consisted of failure to comply with the terms of an activity and use limitation pursuant to section 6 of said chapter 21E or consisted of knowingly making, or causing any person to make, a false, inaccurate, incomplete or misleading statement in a document submitted to or required to be kept by the department. Any such penalty shall be an alternative to any other civil penalty that may be prescribed by law. For the purpose of determining whether such noncompliance was part of a pattern of noncompliance and not an isolated instance, the department shall consider, but not be limited to, the following: whether the department had previously notified the person of such noncompliance on two occasions during the previous four-year period or of any noncompliance with the same provision of a law, regulation, order, license or approval as the current noncompliance during the previous five-year period; whether the current and previous noncompliances occurred at the same facility; and whether the current and previous noncompliances, considered together, indicate a potential threat to public health, safety, welfare or the environment or an interference with the department's ability to efficiently and effectively administer its programs or to enforce any regulation, order, license or approval it has issued or adopted or any law which it has authority or responsibility to enforce. If a person who has received a notice of noncompliance fails to come into compliance within the time period stated in such notice, the civil administrative penalty may be assessed by the department upon such person from the date of receipt of such notice. Whenever the department seeks to assess a civil administrative penalty on any person, the department shall cause to be served upon such person, either by service, in hand, or by certified mail, return receipt requested, or by electronic means a notice of its intent to assess a civil administrative penalty which shall include a concise statement of the alleged act or omission for which such civil administrative penalty is sought to be assessed, each law, regulation, order, license or approval which has not been complied with as a result of such alleged act or omission, the amount which the department seeks to assess as a civil administrative penalty for each such alleged act or omission, a statement of such person's right to an adjudicatory hearing on the proposed assessment, the requirements such person must comply with to avoid being deemed to have waived the right to an adjudicatory hearing and the manner of payment thereof if such person elects to pay the penalty and waive an adjudicatory hearing. After written notice of noncompliance or intent to assess a civil administrative penalty has been given, each such day thereafter during which such noncompliance occurs or continues shall constitute a separate offense and shall be subject to a separate civil administrative penalty if reasonable efforts have not been made to promptly come into compliance. Whenever the department seeks to assess a civil administrative penalty on any person, such person shall have the right to an adjudicatory hearing under chapter thirty A whose provisions shall apply except when they are inconsistent with the provisions of this section. Such person shall be deemed to have waived such right to an adjudicatory hearing unless, within twenty-one days of the date of the department's notice that it seeks to assess a civil administrative penalty, such person files with the department a written statement denying the occurrence of any of the acts or omissions alleged by the department in such notice, or asserting that the money amount of the proposed civil administrative penalty is excessive. In any adjudicatory hearing authorized pursuant to chapter thirty A, the department shall, by a preponderance of the evidence, prove the occurrence of each act or omission alleged by the department. If a person waives his right to an adjudicatory hearing, the proposed civil administrative penalty shall be final immediately upon such waiver. If a civil administrative penalty is assessed at the conclusion of an adjudicatory hearing, said civil administrative penalty shall be final upon the expiration of thirty days if no action for judicial review of such decision is commenced pursuant to chapter thirty A. Any person who institutes proceedings for judicial review of the final assessment of a civil administrative penalty shall place the full amount of the final assessment in an interest-bearing escrow account in the custody of the clerk/magistrate of the reviewing court. The establishment of such an interest-bearing escrow account shall be a condition precedent to the jurisdiction of the reviewing court unless the party seeking judicial review demonstrates in a preliminary hearing held within twenty days of the filing of the complaint either the presence of a substantial question for review by the court or an inability to pay. Upon such a demonstration, the court may grant an extension or waiver of the interest-bearing escrow account or may require, in lieu of such interest-bearing escrow account, the posting of a bond payable directly to the commonwealth in the amount of one hundred and twenty-five per cent of the assessed penalty. If, after judicial review, in a case where the requirement for an escrow account has been waived, and in cases where a bond has been posted in lieu of such requirement, the court affirms, in whole or in part, the assessment of a civil administrative penalty the department shall be paid the amount thereof together with interest at the rate set forth in section six C of chapter two hundred and thirty-one. If, after such review in a case where an interest-bearing escrow account has been established, the court affirms the assessment of such penalty, in whole or in part, the department shall be paid the amount thereof together with the accumulated interest thereon in such interest-bearing escrow account. If the court sets aside the assessment of a civil administrative penalty in a case where the amount of such penalty has been deposited in an interest-bearing escrow account, the person on whom the civil administrative penalty was assessed shall be repaid the amount so set aside, together with the accumulated interest thereon. Each person who fails to pay a civil administrative penalty on time, and each person who issues a bond pursuant to this section and who fails to pay to the commonwealth on time the amount required hereunder, shall be liable to the commonwealth for up to three times the amount of the civil administrative penalty, together with costs, plus interest from the time the civil administrative penalty became final and attorneys' fees, including all costs and attorneys' fees incurred directly in the collection thereof. The rate of interest shall be the rate set forth in section six C of chapter two hundred and thirty-one. Notwithstanding any general or special law to the contrary, including the limitations and considerations set forth in this section, the department may require that the amount of a civil administrative penalty imposed pursuant to this section exceed the economic benefit realized by a person for noncompliance. In determining the amount of each civil administrative penalty, the department shall include, but not be limited to, the following in its considerations: the actual and potential impact on public health, safety and welfare and the environment of the failure to comply; the actual and potential damages suffered, and actual or potential costs incurred, by the commonwealth, or by any other person; whether the person being assessed the civil administrative penalty took steps to prevent noncompliance, to promptly come into compliance and to remedy and mitigate whatever harm might have been done as a result of such noncompliance; whether the person being assessed the civil administrative penalty has previously failed to comply with any regulation, order, license or approval issued or adopted by the department, or any law which the department has the authority or responsibility to enforce; making compliance less costly than noncompliance; deterring future noncompliance; the financial condition of the person being assessed the civil administrative penalty; and the public interest. No civil administrative penalty assessed hereunder shall be less than one hundred dollars. For each of the following failures to comply, the civil administrative penalty shall not exceed twenty-five thousand dollars; a failure to comply that is part of a pattern of noncompliance and not an isolated instance; knowingly making, or causing any person to make, any false, inaccurate, incomplete or misleading statement in any document submitted to or required to be kept by the department each release, discharge, or disposal of material into the environment without the approval of the department, or in a manner not approved by the department, whenever such release, discharge or disposal requires the approval of the department; engaging in any business or activity without a license or other authorization from the department, whenever engaging in such business or activity requires such license or authorization by the department; failure to promptly report to the department each unauthorized disposal of hazardous waste, as defined by chapter twenty-one C; and failure to promptly report to the department each unauthorized release or discharge of oil or hazardous materials into the environment, as defined by chapter twenty-one E, or a failure to maintain a permanent solution or remedy operation status, pursuant to said chapter 21E or a failure to comply with the terms of an activity and use limitation pursuant to section 6 of said chapter 21E. Any person who fails to comply with or otherwise violates the provisions of chapter one hundred and eleven F enforceable by the department shall be liable for a civil administrative penalty not to exceed two hundred and fifty dollars per day for each day that such violation continues and the department shall follow the procedures set forth therein in assessing such penalty. Any person who fails to comply with or otherwise violates chapter 21E or any regulation adopted thereunder shall be liable for a civil administrative penalty not to exceed $25,000 for each day the violation continues. For any other failure to comply with any regulation, order, license or approval issued or adopted by the department, or any law which the department has authority or responsibility to enforce, the civil administrative penalty for each failure to comply shall not exceed one thousand dollars. Any person who fails to comply with or otherwise violates chapter 21N shall be liable for a civil administrative penalty not to exceed $25,000 for each day the violation continues.

M.G.L. c. 21A, § 17 Soil containing dangerous levels of lead; cover and disposal; regulations

c. 21A, § 17. Soil containing dangerous levels of lead; cover and disposal; regulations Section 17. The department of environmental protection shall in consultation with the director of the childhood lead poisoning prevention program and the director of labor standards, promulgate regulations specifying adequate methods of cover and disposal of soil containing dangerous levels of lead. Such regulations shall be promulgated within one hundred and eighty days after the director of the childhood lead poisoning prevention program has promulgated regulations defining dangerous levels of lead in soil.

M.G.L. c. 21A, § 18 Permit application and compliance assurance fees; timely action schedules; regulations

c. 21A, § 18. Permit application and compliance assurance fees; timely action schedules; regulations Section 18. As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:— ''Advisory committee'', the advisory committee on fees and program improvements appointed by the commissioner pursuant to this section. ''Commissioner'', the commissioner of the department of environmental protection. ''Department'', the department of environmental protection. ''Permit'', any permit, license, certificate, formal determination, registration, plan approval, variance, or other approval issued by or required by the department or any of its divisions, pursuant to any statute or regulation. ''Permit'' shall not include approvals issued by the department solely pursuant to regulations governing the assessment, containment, or removal of oil or hazardous materials under the authority of chapter twenty-one E. ''Permit application'', any application, filing, or other submission of materials to the department to initiate a permit. ''Person'', any individual, trust, firm, public or private corporation or authority, partnership, association or other entity or any group thereof or any officer, employee, or agent thereof, including the commonwealth and the federal government and any agency or authority thereof, but not including any city, town, county, or district of the commonwealth or any municipal housing authority or any tribal housing authority of a federally recognized Indian tribe when constructing housing. Notwithstanding any general or special law to the contrary, the department may establish fees applicable to the regulatory programs administered by the department, in the manner set forth in this section. All such fees shall be established by regulations promulgated by the department pursuant to chapter thirty A, after making findings in the administrative record as required in this section, and after consultation with an advisory committee on fees and program improvements appointed by the commissioner. The advisory committee shall at a minimum consist of representatives of industrial, commercial, and small business organizations, municipalities, and environmental organizations. The advisory committee shall meet at least four times each fiscal year. The members of the advisory committee shall serve without compensation. (a) Annual compliance assurance fee. For permits valid for one year or more, the department may establish an annual compliance assurance fee, based on the department's costs for monitoring, discharge sampling and analysis, inspection, technical assistance, and enforcement activities necessary to ensure compliance by persons holding such permits. Such fees may be based on a scale that accounts for the extent of such enforcement and compliance activity that is appropriate for different categories of permits. Such fees shall be applicable to all persons, excluding agencies of the commonwealth, holding such permits, including without limitation those persons, excluding agencies of the commonwealth holding permits at the time the fees are established. At least forty-five days before the date such fee is due, the department shall notify each person holding such a permit of the amount of the fee due and the date by which payment is due. In instances of severe financial hardship, the commissioner or his designee may grant a timely request to extend the time for making payment. Failure by any person to pay any annual compliance assurance fee when due shall result in suspension of or, if such failure continues for sixty days or more, may result in revocation of the permit; and shall be grounds for denial of any pending permit application filed by such person. In the event of untimely payment, interest on the amount due shall be assessed at the rate determined by the secretary of administration and finance pursuant to section twenty-nine C of chapter twenty-nine. Such interest shall be in addition to any other penalty for violation of any permit condition or applicable statutory or regulatory requirement. A permit suspended under this section shall be reinstated upon payment of the fee that is owed together with the interest due. (b) Permit application fee. The department may establish by regulation a permit application fee payable by all persons filing applications for a permit, based on the department's costs for providing technical assistance, performing and analyzing such environmental monitoring as is necessary to act on such applications, processing such applications and issuing decisions and, where no annual assurance registration fee is established, on the department's costs for monitoring, inspection, technical assistance, and enforcement activities necessary to ensure compliance by persons holding such permits. Such fees may be based on a scale that accounts for the department's costs appropriate for different categories of permit applications and permits. Permit application fees shall be payable upon filing the permit application. In instances of severe financial hardship, the commissioner or his designee may grant a timely request to extend the time for making payment. The department may require that persons applying for permits as a result of enforcement action by the department or another agency of the commonwealth or its subdivisions pay double the otherwise applicable application fee. In establishing appropriate categories of permit applications for the purposes of this subsection, the department shall consider the administrative expense associated with transfer of funds between state agencies and the department and shall exempt state agencies from payment of a permit application fee whenever such costs would represent a substantial proportion of the fee. Nothing in this section shall be construed to diminish the authority provided by section seventeen of chapter two hundred thirty-six of the acts of nineteen hundred and eighty-eight. (c) Schedules for timely action. For each permitting program for which a fee is established pursuant to subsection (b), the department shall concurrently establish by regulation a schedule for timely action by the department on such permits. Such schedules may be based on the lengths of time appropriate for different categories of permit applications and permits, and may make provision for situations when more than one permit is required for the project or activity. Each such schedule shall contain the following:— (1) the schedule shall begin when an application is received by the department and the application fee paid; (2) one or more periods of reasonable length, based on the nature and complexity of the review required of the department, at the end of which time the department shall issue a decision to grant or deny the permit, or an identification of deficiencies in the application; provided, that the schedule may also reasonably limit the amount of time in which the applicant may remedy such deficiencies; (3) a period of reasonable length, based on the nature and complexity of the review required of the department, beginning with receipt of materials submitted by the applicant in response to the department's identification of deficiencies, at the end of which time the department shall issue a decision to grant or deny the permit; (4) allowance for applicable state or federal public participation requirements; (5) a provision extending the time periods set forth in clauses (2) and (3) when action by another federal, state, or municipal governmental agency is required before the department may act, when judicial proceedings affect the ability of the department or the applicant to proceed with the application, when the department has commenced enforcement proceedings which could result in revocation of an existing permit for that facility or activity and denial of the application, or when the applicant provides written assent extending any applicable time period; and (6) a provision indicating whether the schedule shall be applied to all such permit applications pending before the department at the time the regulation is adopted upon payment of the fee, or whether the schedule shall apply to persons with pending applications for such permits who elect to pay the fee. Should the department fail to take timely action on a permit application within a period set forth in the applicable schedule pursuant to clause (2), one day shall be subtracted from the number of days allowed for the department's next action in the appropriate schedule pursuant to clause (2) or clause (3) for each day that the department's action is tardy, unless the period has been extended pursuant to clause (5). Should the department fail to take timely action on a permit application within the time period set forth in the applicable schedule pursuant to clause (3), subject to any adjustment required by the preceding sentence, the department shall refund without further appropriation the permit application fee paid by the applicant unless the period has been extended pursuant to clause (5), and shall continue to process the permit application. The requirements of this subsection (c) shall not apply to adjudicatory hearings conducted by the department. (d)(1) In establishing permit application fees pursuant to subsection (b) and schedules for timely action pursuant to subsection (c), the department may by regulation define certain categories of projects for which appropriate fees and schedules pursuant to such subsections cannot be established by general rule, based on the size, novelty, complexity, or technical difficulty of such projects. Projects within categories so defined shall be called individual rule projects. The department shall establish an alternative permit application fee, schedule for timely action, and annual compliance registration fee as appropriate for each individual rule project in accordance with clause (3) of subsection (d). (2) When the department determines, based on the size, novelty, complexity, or technical difficulty of a project for which a permit application is filed, other than an individual rule project, that the amount of work required by the department in processing such permit application will exceed by a factor of two or more the amount of work assumed as the basis in establishing a permit application fee pursuant to subsection (b), and cannot be completed within the schedule for timely action applicable to such permit applications pursuant to subsection (c), the department shall notify the applicant of such determination within thirty days of receiving the permit application, and shall within forty-five days of providing such notice establish an alternative permit application fee, schedule for timely action, and an annual compliance assurance fee as appropriate to clause (3) of subsection (d). (3) Within forty-five days of receipt of an application for an individual rule project, or of making a determination pursuant to clause (2), or within such other period as agreed to by the applicant, the department shall establish, following negotiation with the applicant, an appropriate permit application fee and alternative schedule for timely action, based on the costs and time of the extraordinary work required to process such permit application. In no such case shall the applicable fee be lower than fees established by regulation for that class of permit, nor shall the schedule for timely action require action more rapid than the time for comparable action allowed in the schedule established by regulation for that class of permit. The department shall establish an annual compliance assurance fee as a condition of a permit issued for such projects, based on the costs of the department reasonably necessary to ensure compliance with the permit. The permittee may request the department to adjust any such compliance assurance fee whenever the department reviews fees pursuant to subsection (j), or may request such an adjustment as a permit modification. The department may by regulation establish an average daily or hourly rate, expressed as a loaded rate per day or hour of technical staff time, based on the department's average costs, to be used as a reference point in establishing such fees. The department may by regulation establish a maximum permit application fee to serve as an upper bound on the fee that may be established under this subsection (d) for any particular permit application or category of permit applications. (4) A permit applicant aggrieved by the department's action in establishing a permit application fee or schedule for timely action pursuant to this subsection (d) may within ten days take either or both of the following actions: (i) The applicant may notify the department that it wishes to proceed on a true cost basis. Upon receipt of payment of one half of the fee amount established by the department as a deposit, the department shall diligently and in good faith process the permit application, taking all reasonable measures to achieve compliance with the timely action schedule established by the department; provided that, failure to meet such schedule shall not result in a refund of the fee paid. The department shall provide a monthly cost statement to the applicant based on the average daily or hourly rate and the days or hours of work performed by technical staff. Whenever the department's costs as reflected in the cost statement exceed the balance already paid by the applicant, the applicant shall promptly pay all outstanding amounts. Failure by the applicant to make such payments shall be grounds for the department to discontinue work on the application. The department shall withhold its decision on the permit application until the applicant has made full payment. Nothing in this section shall prevent the department from denying a permit request where it finds the application inadequate. (ii) The applicant may request an adjudicatory hearing pursuant to chapter thirty A. No permit application fee shall be due, and no schedule for timely action shall be in effect, pending resolution of such a hearing request, except as provided in the preceding paragraph if the applicant elects to proceed on a true cost basis. In any such hearing, or any hearing concerning an annual compliance assurance fee established as a permit condition, the average daily or hourly rate established by regulation shall be used as the basis of the fee determination, and the fee and the schedule for timely action established by the department shall be revised only where the applicant demonstrates by a preponderance of the evidence that the department's position was unreasonable, arbitrary, or capricious. (5) The commissioner shall annually file a report outlining all fees and schedules established pursuant to this subsection (d) and setting forth the basis on which the determination to establish such fees and schedules was made with the advisory committee, the secretary of environmental affairs, the secretary of administration and finance, the joint committee on natural resources and agriculture, and the house and senate committees on ways and means. (6) Notwithstanding the requirements of clauses (1) to (4), inclusive, the department and a permit applicant may agree upon appropriate fees, related funding and schedules for projects meeting the criteria in clauses (1) and (2) or for projects determined by the commissioner to be of significant environmental interest to the commonwealth or that are consistent with sustainable development principles. With input from the advisory committee the department shall establish guidelines for the implementation of this subsection, including ensuring consideration of the allocation of department permitting resources and whether the project serves a significant public interest, and offers opportunities to restore, protect, conserve or enhance natural resource. All amounts received by the department for these projects shall be deposited in the fund established in clause (7) and may be expended by the department in accordance with the requirements of clause (7). (7) There shall be established and set up on the books of the commonwealth a separate trust to be known as the Special Projects Permitting and Oversight Fund. There shall be credited to the fund all amounts received by the department from permit applicants for projects identified in clause (6). All amounts credited to the fund may be expended by the department without further appropriation for the purpose of permitting, technical assistance, compliance, other related activities associated with said projects, including all direct and indirect costs of department personnel or contractors. With agreement of the project applicants, any amount credited to the fund in excess of the amount expended to complete the department's permitting, technical assistance, compliance, or other related activities associated with said projects, may be retained in the fund. The funds may be expended by the department to support projects in economically distressed areas. An economically distressed area is an area or municipality that has been designated as an economic target area, or that would otherwise meet the criteria for such designation under section 3G of chapter 23A. The department's expenditure of the funds shall be in accordance with relevant state law applicable to the expenditure and record keeping of state funds and shall be subject to audit by the state auditor. (e) The department shall establish by regulation a reasonable filing fee to be payable by all persons requesting adjudicatory hearings before the department; provided, that the fee may be waived by the department upon a showing of undue financial hardship. Such fee shall not be disproportionately large compared to fees required to file an action in the superior court. (f) The department may establish by regulation fees for performing laboratory or other technical analyses, based on the department's costs for performing such analyses. Such fees shall be payable by any person, city, town, county, district, authority, agency, or tribal housing authority thereof who requests such services. (g) The department may establish and collect reasonable fees for providing public record information to persons or cities, towns, counties, districts, authorities, agencies or tribal housing authorities thereof who request such information, including costs of searching for, and costs of, copying such records, pursuant to section ten of chapter sixty-six. (h) The department may establish and collect reasonable fees for conducting, producing, or providing specifically targeted seminars, training sessions, written materials, or other forms of technical assistance pertaining to its permitting, compliance, and enforcement activities, where participation in such technical assistance programs is voluntary. Fees for providing such technical assistance shall be based on the department's cost for developing, producing, and making available such technical assistance. The department may conduct or produce such technical assistance programs jointly in cooperation with any person. The department may, in compliance with applicable law governing procurement services by state agencies, contract with qualified third parties to provide such technical assistance to persons, cities, towns, counties, districts, authorities, agencies or tribal housing authorities requesting it; provided, that before entering such a contract, the commissioner shall determine that the cost of providing such technical assistance through a third party shall not exceed the cost of providing such technical assistance directly by the department. In no case shall the fee for such technical assistance provided by a third party exceed the fee established by the department for the same or comparable services when provided by the department. (i) As a precondition to the department's authority to establish annual compliance registration fees pursuant to subsection (a) and permit application fees pursuant to subsection (b), and prior to the first establishment of such fees, the commissioner shall make findings in the administrative record that: (1) the department has completed promulgation of revisions to its regulations governing Plan Approval and Emission Limitations, codified at 310 CMR 7.02, as in effect on January first, nineteen hundred and ninety; (2) the department has made publicly available a first year report on its compliance pilot project in the Blackstone river basin; (3) the commissioner has appointed members of the advisory committee on fees and program improvements; and (4) the department has begun work, together with the advisory committee or with one or more work groups, each of which shall include one or more members of the advisory committee as well as department personnel and other interested persons, to produce a report with recommendations on each of the following issues: (i) the advantages, disadvantages, and opportunities for increased reliance on work by parties other than the applicant and the department in the department's permitting and compliance programs; (ii) development of a strategy or strategies the goal of which is to eliminate permitting backlogs within six to twenty-four months of enactment of this section; (iii) development of a strategy or strategies the goal of which is to eliminate compliance and enforcement backlogs within six to twenty-four months of the enactment of this section; (iv) evaluation of potential revisions in the sewer connection permitting program and potential federal delegation of the surface water discharge permitting program; and (v) administration and collection of fees established pursuant to this section. (5) A copy of such findings shall be provided to the advisory committee, the secretary of environmental affairs, the secretary of administration and finance, the joint committee on natural resources and agriculture, and to the house and senate committees on ways and means. This subsection shall not affect the validity of fees in existence prior to enactment of this section. (j) On or before July first, nineteen hundred and ninety-two and on or before July first of every second year thereafter, the department shall review all fees and schedules established pursuant to this section, and shall by regulation adjust fees and schedules as necessary to reflect changes in regulatory requirements, technologies, the nature and cost of the department's permitting and compliance activities, and improvements in the department's practices and procedures. Prior to proposing such regulations in nineteen hundred and ninety-two, as a precondition to continued authority to establish and collect annual compliance assurance fees pursuant to subsection (a) and permit application fees pursuant to subsection (b), the commissioner shall make findings in the administrative record that: (1) each of the reports required by clause (5) of subsection (d) has been completed, and that the department has considered the recommendations of those reports in its proposed regulations adjusting the fees and schedules; (2) the department has begun work, together with the advisory committee or one or more work groups, each of which shall include one or more members of the advisory committee, as well as department personnel and other interested persons, to produce a report with recommendations on each of the following issues: (i) the potential for consolidating reporting requirements in permits or regulations; and (ii) training and outreach, including identification of improvements in training for department staff and in outreach efforts to educate persons requiring permits. The recommendations of such reports shall be included in the report submitted in nineteen hundred and ninety-two by the commissioner pursuant to subsection (k). A copy of such findings together with proposed regulations shall be provided to the advisory committee, to the secretary of environmental affairs and the secretary of administration and finance at least forty-five days prior to promulgation of such regulations. Notwithstanding any other provision thereof to the contrary, no fee or other charge and no increase of any existing fee or charge shall be imposed pursuant to this section unless a copy of the proposed regulations establishing said fees shall be submitted to the joint committee on natural resources and agriculture and the house and senate committees on ways and means for their review and recommendations at least forty-five days prior to the promulgation of such regulations. (k) Annual permitting and compliance report. On or before October first, nineteen hundred and ninety-one, and on or before October first of each year thereafter, the department shall submit to the advisory committee on fees and program improvements, the secretary of environmental affairs, the secretary of administration and finance, the joint committee on natural resources and agriculture, and the house and senate committees on ways and means an annual report on compliance and permitting efforts in the preceding fiscal year. Such report shall include, without limitation: an identification of the revenues received pursuant to this section and the department's appropriation from the General Fund; a statement identifying all expenditures from the Environmental Permitting and Compliance Assurance Fund established pursuant to section two M of chapter twenty-nine; a statement outlining the costs of performing permitting and compliance assurance activities; the number and amount of permit application fees refunded; the number of permit applications received; the number of permit decisions issued; a statement identifying the department's accomplishments with respect to compliance and enforcement compared to the department's goals; the department's goals for compliance and enforcement activities for the following fiscal year; the information with respect to alternative fees and schedules required by subsection (d); and a summary of the significant improvements the department has made in its permitting and compliance programs. For any year in which the department did not meet its goals for compliance and enforcement activities, the report shall include a plan demonstrating how the department will meet its compliance and enforcement goals for the following year. In nineteen hundred and ninety-one and nineteen hundred and ninety-two, the report shall also include a description of the department's progress in eliminating permitting backlogs, including identification of successes or problems. (l) All moneys received by the department pursuant to this section, and not refunded to permit applicants pursuant to subsection (c), shall be deposited in the Environmental Permitting and Compliance Assurance Fund established pursuant to section two P of chapter twenty-nine, and used, subject to appropriation, solely for the purposes set forth therein; provided, however, that moneys received from annual compliance assurance fees, permit applications, and technical assistance fees shall be used solely for those purposes. (m) Regulations establishing fees pursuant to subsection (a) or (b), and schedules for timely action pursuant to subsection (c), shall not be in effect in any fiscal year in which appropriations for ordinary maintenance of the department from state funds other than the environmental challenge fund and the environmental permitting and compliance assurance fund do not exceed the baseline figure set forth herein. The baseline figure for fiscal year nineteen hundred and ninety-one shall be eighteen million two hundred and ninety-eight thousand four hundred and fifty-three dollars. The baseline figure in subsequent fiscal years shall be a comparable amount, as determined by the legislature, based on inflation, the department's demonstrated program improvements and efficiencies in areas other than those supported by such fees, and added or reduced programmatic responsibilities of the department. (n) In the event that the requirements of this section conflict with applicable federal requirements pertaining to the establishment and collection of permit application or compliance assurance fees by the department, such federal requirements shall take precedence over the conflicting requirements of subsections (a) to (f), inclusive, and the department shall have the authority to establish by regulation and to collect such fees in accordance with the applicable federal requirements.

M.G.L. c. 21A, § 18A Federal safe drinking water assessment; advisory committee

c. 21A, § 18A. Federal safe drinking water assessment; advisory committee Section 18A. (a) As used in this section, the following words shall have the following meanings unless the context otherwise requires: ''Advisory committee'', the advisory committee on administration of the federal safe drinking water assessment. ''Act'', the federal safe drinking water act, as amended from time to time, including regulations promulgated under said act. ''Assessment'', the federal safe drinking water act assessment established by this section. ''Commissioner'', the commissioner of the department of environmental protection. ''Department'', the department of environmental protection. ''End suppliers'', suppliers of water who provide water directly to users. ''Receipts'', monies received by the department which are proceeds from the assessment. ''Suppliers of water'', suppliers of water as defined in the federal safe drinking water act. ''Users'', all consumers of water, whether public or private or taxed or tax-exempt, provided by end suppliers. ''Withdrawal'', the withdrawal, purchase or pumping of water by an end supplier. (b) Notwithstanding any general or special law to the contrary, the department is authorized and directed to establish a federal safe drinking water act assessment to assist the department in providing technical compliance assistance to and otherwise to regulate all suppliers of water pursuant to the act in the manner set forth in this section. Collection of the assessment may begin on or after July first, nineteen hundred and ninety-three. Matters relating to the rate, collection, cost, enforcement and application and other administrative features of the assessment shall be in accordance with regulations of the department adopted pursuant to section two of chapter thirty A, after consultation with the advisory committee. Such regulations, in addition to such further matters reasonably incidental to the administration of the assessment as may be determined by the department shall: (i) provide that the assessment shall be remitted to the department by the end supplier; (ii) set and provide for periodic revision of, the rate of assessment at a uniform level not to exceed one cent per one thousand gallons of withdrawal, such that receipts in the aggregate are reasonably related to defraying the department's direct and indirect costs for monitoring, inspections, technical assistance, reporting and enforcement activities necessary to ensure compliance with the act and any regulations of the department adopted to implement the act; (iii) establish the timing of assessments, collection and remittances; (iv) establish the manner in which end suppliers engaged in the distribution of water shall apportion and collect amounts necessary to defray the assessment, and their administrative costs relating thereto up to but not more than five percent of the outstanding assessment for all users for the applicable assessment period in the aggregate, from users without further action of the department of telecommunications and energy; provided, however, that each end supplier shall have the option of determining how its invoice to users shall show such defraying amounts and the frequency of invoicing; (v) establish reasonable mechanisms for collection and enforcement including but not limited to: (A) the imposition of penalties not to exceed five thousand dollars per day for failure of end suppliers to remit proper receipts to the department; (B) the setting of a reasonable rate of interest, which shall not be exclusive of applicable penalties, if any, to be borne by the end supplier on overdue remittances; and (C) the establishment of reasonable audit and reporting procedures; (vi) establish a program providing for payments in lieu of assessments for any end supplier which cannot meter its withdrawal to the satisfaction of the department, until satisfactory metering has been installed. Amounts payable as assessments, administrative costs and payments in lieu of assessments shall be recovered to the maximum practical extent from charges to users. Nothing in this section shall limit the authority of the department of telecommunications and energy to rule on the propriety of any rates charged by any end suppliers subject to its jurisdiction; provided, however, that in making such a ruling, the department of telecommunications and energy shall consider the amount of the assessment; and, provided further, that such ruling shall not impose any condition inconsistent with the provisions of this section or any regulations adopted hereunder. Compliance with any requirement imposed by the department of telecommunications and energy shall not exempt any end supplier from the requirements of this section or regulations adopted hereunder. The department of telecommunications and energy shall monitor the manner in which investor-owned end suppliers engaged in the distribution of water apportion and collect amounts necessary to defray the assessment and applicable administrative costs; (vii) establish the assessment rate by October first of each year for the following fiscal year. End suppliers shall be notified by mail of the assessment rate by November first of each year. The department shall mail bills to end suppliers during the month of July of each year for that fiscal year. (c) All receipts shall be deposited in the Safe Drinking Water Act Fund established pursuant to section two P1/2 of chapter twenty-nine, and used solely for the purposes set forth therein; provided, however, that receipts shall be used solely for administering said act and furthering its purposes. Any unexpended balance may be used to defray the amount of the assessment in future fiscal years. Regulations establishing the assessment pursuant to this section shall not be in effect in any fiscal year in which the department fails to provide from state funds, other than those collected under the terms of this section, a match of seventy-five percent of the amount of the federal grant attributable to the implementation of the act. (d) In the event that the requirements of this section conflict with applicable federal requirements pertaining to the establishment and collection of the assessment by the department, such federal requirements shall take precedence over any conflicting requirements of this section and the department shall have the authority to establish, by regulation, and to collect such assessment in accordance with applicable federal requirements. (e) The department shall establish an advisory committee on administration of the federal safe drinking water assessment. The representative organizations may nominate persons for consideration and the commissioner shall appoint such persons to the advisory committee as deemed desirable in accordance with this section, which members shall serve until successors shall be appointed and qualified by the commissioner. No state employee shall be appointed to the advisory committee and no person appointed to the advisory committee shall be deemed to be a state employee for purposes of any other general or special law. Members of the advisory committee shall serve without compensation except for reimbursement of their direct expenses of travel from their place of abode to the regular meetings of the advisory committee. The commissioner's appointees shall include one representative from each of the following categories of organizations, two of which such designated representatives who are water utility personnel shall serve, under the same terms and conditions as members of the committee established pursuant to section eighteen of chapter twenty-one A: a Massachusetts statewide water works nonprofit association, a New England regional water works nonprofit association, a nonprofit association representing rural water systems, a regional water works association, a nonprofit association representing investor-owned water companies, two statewide environmental organizations, organizations representing non-community water suppliers, the Massachusetts Municipal Association, an organization representing industry and one member who shall be appointed the commissioner. The total membership of the committee shall not exceed eleven, a majority of which shall be comprised of water utility personnel. In addition to consulting with the advisory committee prior to adoption of regulations implementing this section, the department shall review with the advisory committee the operation of the assessment program authorized by this section at least quarterly. (f) The committee and the department shall undertake the additional responsibility to ensure that regular public service announcements are released to inform the public as to the requirements and costs associated with the act. The committee, with administrative support from the department, shall produce an annual report on the assessment program for the house and senate committees on ways and means and the joint committee on natural resources and agriculture, with a summary of all findings and action taken mailed to all end suppliers. (g) The department shall not collect water quality annual compliance assurance fees for public water supplies.

M.G.L. c. 21A, § 19 Definitions applicable to Secs. 19 to 19J

c. 21A, § 19. Definitions applicable to Secs. 19 to 19J Section 19. As used in this section, and in sections nineteen A through nineteen J, inclusive, the words ''final remedial response plan'', ''hazardous material'', ''imminent hazard'', ''interim remedial response'', ''oil'', ''permanent solution'', ''person'', ''release'', ''respond'', ''response'', ''response action'', ''short term measure'', ''site'', ''temporary measure'', ''threat of release'', and ''vessel'' shall, unless the context clearly requires otherwise, be defined and used the same way they are defined and used in chapter twenty-one E, and the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Board'', the board of registration of hazardous waste site cleanup professionals, established pursuant to section nineteen A. ''Department'', the department of environmental protection. ''Waste site cleanup activity opinion'', a professional opinion, excluding legal advice or a legal opinion, that is related to one or more response actions as set forth in this definition. A waste site cleanup activity opinion shall not be relied upon as sufficient to protect public health, safety, welfare, or the environment unless such opinion is rendered by a hazardous waste site cleanup professional licensed pursuant to sections 19 to 19J, inclusive, who (a) is qualified by appropriate education, training, and experience, and (b) (1) in the case of an opinion related to an assessment, has either (i) managed, supervised or actually performed such assessment, or (ii) periodically reviewed and evaluated the performance by others of such assessment; or (2) in the case of an opinion related to a containment or removal action, has either (i) managed, supervised or actually performed such action, or (ii) periodically observed the performance by others of such action, to determine whether the completed work has complied with the provisions of chapter 21E and the Massachusetts Contingency Plan promulgated pursuant to said chapter. A successor hazardous waste site cleanup professional may render a waste site cleanup activity opinion regarding response actions performed under a previous hazardous waste site cleanup professional, and that opinion may be relied upon as sufficient to protect public health, safety, welfare, or the environment, only when the successor hazardous waste site cleanup professional has: (a) reviewed all reasonably available documentation known to the successor hazardous waste site cleanup professional that describes previous releases, site assessment activities and results, and work performed in connection with the assessment, containment or removal action that is the subject of the opinion; (b) conducted a site visit to observe current conditions and to verify the completion of as much of the work as is reasonably observable; and (c) concluded, in the exercise of his independent professional judgment, that he has sufficient information upon which to render the waste site cleanup activity opinion. Such an opinion shall include, without limitation, an opinion as to whether (1) any one or more of the following is adequate to protect public health, safety, welfare, and the environment and to comply with the provisions of said chapter twenty-one E and all other laws, regulations, orders, permits, and approvals applicable to such response action or response actions: an assessment, short term measure, interim remedial response, temporary measure, final remedial response plan, or permanent solution; or (2) a permit is required for a response action pursuant to the provisions of said chapter twenty-one E; or (3) if a permit is required pursuant to the provisions of said chapter twenty-one E, whether or not the permit application has been prepared in compliance with the provisions of said chapter twenty-one E and the Massachusetts Contingency Plan promulgated pursuant to said chapter; or (4) public participation activities required of persons other than the department pursuant to subsection (a) of section fourteen of said chapter twenty-one E have been conducted in compliance with the provisions of said chapter and all applicable regulations; or (5) one or more response actions constitute a temporary or permanent solution pursuant to the provisions of said chapter twenty-one E; or (6) any other opinion that, pursuant to subsection (e) of section three of said chapter twenty-one E, may be rendered only by a hazardous waste site cleanup professional licensed pursuant to sections nineteen through nineteen J, inclusive. This term shall not include the providing of legal advice or of a legal opinion by an attorney. ''Hazardous waste site cleanup professional'', an individual who, by reason of appropriate education, training, and experience, is qualified, as attested by being licensed by the board, to render waste site cleanup activity opinions that can be relied on as sufficient to protect public health, safety, welfare, and the environment.

M.G.L. c. 21A, § 19A Board of registration of hazardous waste site cleanup professionals

c. 21A, § 19A. Board of registration of hazardous waste site cleanup professionals Section 19A. There is hereby established within the executive office of environmental affairs the board of registration of hazardous waste site cleanup professionals. The board shall consist of eleven members. One member, who shall be the chairman of the board, shall be the commissioner of the department or his designee; provided, that said designee shall be a full-time employee of the department at all times while he is so designated. The governor shall appoint the other ten members of the board, who shall be the following: five shall be hazardous waste site cleanup professionals licensed by the board at all times while they are members of the board effective one year after the date of publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B; provided, however, one such licensed hazardous waste site cleanup professional shall be a full-time employee of a manufacturing firm engaged in the utilization of hazardous materials and one other such licensed hazardous waste site cleanup professional shall have significant experience in the assessment or redemption of sites contaminated with petroleum; three shall be members of statewide organizations that promote the protection of the environment at the time of appointments and who are knowledgeable with respect to issues involving responding to releases of oil and hazardous materials; one shall be a member of a labor organization who is knowledgeable with respect to issues involving responding to releases of oil and hazardous materials; and one shall be a hydrogeologist who is knowledgeable with respect to issues involving responding to releases of oil and hazardous materials and environmental protection. Until one year after the date of publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B, five environmental professionals who have knowledge and experience, and are presently engaged, in responding to releases of oil and hazardous materials shall serve in place of the five licensed hazardous waste site cleanup professionals; provided, however, that one such environmental professional shall be a full-time employee of a manufacturing firm engaged in the utilization of hazardous materials, and one other such environmental professional shall be a full-time employee of a firm engaged in the manufacturing and processing of petroleum products. The terms of the ten members of the board initially appointed by the governor shall expire one year after the date of publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B. The governor shall thereupon appoint two licensed hazardous waste site cleanup professionals to a one-year term beginning one year after the date of publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B, one licensed hazardous waste site cleanup professional to a two-year term beginning on said date, one licensed hazardous waste site cleanup professional to a three-year term beginning on said date; and one licensed hazardous waste site cleanup professional to a four-year term beginning on said date; one member from a statewide organization that promotes the protection of the environment to a two-year term beginning on said date, a member from a statewide organization that promotes the protection of the environment to a three-year term beginning on said date, and a member from a statewide organization that promotes the protection of the environment to a four-year term beginning on said date, the representative from the labor organization to a three-year term beginning on said date and the hydrogeologist to a four-year term. Thereafter, the term of the ten members of the board appointed by the governor shall be four years. Each of the ten members of the board appointed by the governor whose term has expired shall continue to be members of the board until his successor is appointed and qualified, at which time the successor shall complete the unexpired portion of the term. The ten members of the board appointed by the governor shall serve without compensation. Subject to appropriation, the secretary of the executive office of environmental affairs shall employ such staff and other persons as are required to assist him or the board or both in the performance of their functions or duties pursuant to sections nineteen through nineteen J, inclusive, including, without limitation, administrative law judges who may conduct adjudicatory proceedings held pursuant to sections nineteen through nineteen J, inclusive; provided, that the board shall make all final decisions in such adjudicatory proceedings.

M.G.L. c. 21A, § 19B Regulations

c. 21A, § 19B. Regulations Section 19B. (a) The board shall adopt, and may from time to time amend and repeal, regulations as it deems necessary for the implementation, administration, and enforcement of sections nineteen through nineteen J, inclusive. Said regulations shall be adopted, amended, or repealed pursuant to section two of chapter thirty A and all other provisions of chapter thirty A governing the adoption, amendment, and repeal of regulations. Said regulations shall include, without limitation, requirements for education, training, experience, and references and standards for professional conduct. Said standards shall be sufficiently stringent so that all waste site cleanup activity opinions rendered by all individuals meeting such standards and licensed by the board shall be rendered so that they protect public health, safety, welfare, and the environment. (b) Without limiting the generality or applicability of the foregoing, by no later than January first, nineteen hundred and ninety-three, the board shall promulgate, in accordance with section two of chapter thirty A, and shall submit to the state secretary for publication in the Massachusetts Register, in accordance with sections five and six of chapter thirty A, regulations establishing standards for education, training, experience, and references that must be met by all individuals in order to thereafter be eligible to be licensed by the board as a hazardous waste site cleanup professional. By no later than January first, nineteen hundred and ninety-three, the board shall submit to the state secretary for publication in the Massachusetts Register, and the state secretary shall publish in the Massachusetts Register, in accordance with sections five and six of chapter thirty A, the notice required by section two of chapter thirty A and a draft of the regulations described in the preceding sentence. Upon written request from an individual licensed by the board as a hazardous waste site cleanup professional, the board may render an advisory opinion interpreting one or more regulations promulgated by the board establishing standards for professional conduct. An opinion rendered by the board, until and unless amended or revoked, shall be a defense in a criminal action brought under sections nineteen through nineteen J, inclusive, and shall be binding on the board in any subsequent proceedings concerning the individual who requested the opinion and acted in good faith in reliance thereon, unless material facts were omitted or misstated by the individual in the request for an opinion. Such requests shall be confidential; provided, however, that the board may publish such opinions, but the name of the requesting individual and other identifying information shall not be included in such publication unless the requesting individual consents to such inclusion. Notwithstanding any other general or special law to the contrary, no licensed hazardous waste site cleanup professional shall be liable to any other person for making any disclosure in good faith if such disclosure is required pursuant to any law or to any regulation or order of the board or of the department or of any agency of the United States, or of the commonwealth, or of any city or town or other body politic, or pursuant to any court order or judicial process.

M.G.L. c. 21A, § 19C Licensing

c. 21A, § 19C. Licensing Section 19C. The board may license individuals to be hazardous waste site cleanup professionals. Each application for an initial license or license renewal shall be accompanied by a fee established by the board that shall be set to cover all costs of processing the application, and each licensee whose license is valid for one year or more shall pay an annual fee that shall be set to cover all costs of administering and enforcing sections nineteen through nineteen J, inclusive, and shall otherwise be set in accordance with the provisions of section three B of chapter seven. The board may deny an application for an initial license or for a license renewal, or suspend or revoke a license, at any time for cause. The board may grant an application for an initial license or for a license renewal, and may allow a license to remain in effect, only if and while the board is persuaded that the applicant for or holder of the license is in compliance, and will be in compliance routinely and on a continuing basis, with all standards and requirements applicable to hazardous waste site cleanup professionals. Each license issued pursuant to sections nineteen through nineteen J, inclusive, shall be issued only to an individual, shall be valid only for the individual to whom it is issued, and may not be transferred. Each license issued pursuant to sections nineteen through nineteen J, inclusive, shall be for a period not to exceed five years, unless a shorter term is specified therein, or unless sooner suspended or revoked. Any individual whose application for an initial license or for a license renewal is denied, or whose license is revoked, may be barred by the board from applying for a license for a period of not more than five years. The term during which reapplication is barred shall be established as part of the determination or decision of the board in the proceedings concerning the denial or revocation. The board shall cause notice of each license application, approval, denial, suspension, or revocation, or the lifting or termination of each license suspension, and of each public censure and private censure, and of the results of all adjudicatory proceedings thereon, to be given to the department promptly and in whatever ways are necessary in order to enable the department to promptly and properly exercise its powers and perform its duties pursuant to the provisions of this chapter, chapter twenty-one E, and all other applicable laws. The board shall not approve an application for an initial license or for a license renewal until at least thirty days after the department has received said notice, or until the department has notified the board in writing that it has no objection to the approval of the application, whichever occurs first.

M.G.L. c. 21A, § 19D License requirement; regulations

c. 21A, § 19D. License requirement; regulations Section 19D. Effective on and after one year after publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B, no person shall be, or act as, or advertise as, or hold himself out to be, or represent himself as being, a hazardous waste site cleanup professional unless that person is in possession of a valid license issued by the board. The provisions of sections nineteen through nineteen J, inclusive, and of chapter twenty-one E, and regulations promulgated pursuant thereto, shall not restrict or prohibit and shall not be construed as restricting or prohibiting any person who is a full-time employee or may become a full-time employee of a person who is or may potentially be an owner or operator as defined in said chapter twenty-one E or of a person who is or may potentially be liable pursuant to the provisions of said chapter twenty-one E from being licensed as a hazardous waste site cleanup professional if so qualified pursuant to standards established, through regulation, by the board. The provisions of section nineteen through nineteen J, inclusive, and of chapter twenty-one E, and regulations promulgated thereto, shall not restrict or prohibit and shall not be construed as restricting or prohibiting any such full-time employee, if so licensed, from undertaking any activity permitted by regulations for hazardous waste site cleanup professionals at the request of such employee's employer.

M.G.L. c. 21A, § 19E Inspection of known or suspected sites; warrants

c. 21A, § 19E. Inspection of known or suspected sites; warrants Section 19E. Personnel or authorized agents of the board or of the department may at all reasonable times enter any known or suspected site, vessel, or other location, whether public or private, for the purpose of investigating, sampling, inspecting, or copying any records, condition, equipment, practice, or property relating to activities subject to sections nineteen through nineteen J, inclusive. Personnel or authorized agents of the board may and shall seek a warrant authorizing such entry whenever they wish to enter any location and either they do not wish to ask permission for such entry first or permission for such entry has been sought and refused. Any court, judge, or justice authorized to issue warrants in criminal cases may issue such warrants authorizing such entry by personnel or authorized agents of the board upon a showing that such entry is necessary to allow the board to carry out its regular procedures for verifying compliance with sections nineteen through nineteen J, inclusive, and the regulations promulgated by the board pursuant to sections nineteen through nineteen J, inclusive. Where necessary to ascertain facts relevant to, or not available at, such site, vessel, or other location, any person shall, upon request of any officer, employee, or duly authorized representative of the board or of the department, furnish information relating to activities subject to sections nineteen through nineteen J, inclusive, and shall permit said officers, employees, or authorized representatives to have access to, and to copy, all records relating to said activities. In the event that the board or the department has reason to believe that any person has made fraudulent representations to the board or the department or has destroyed or concealed evidence relating to any activity subject to sections nineteen through nineteen J, inclusive, the board or the department may seize any records, equipment, property, or other evidence it deems necessary. Any monetary claims against an employee of the commonwealth based on non-compliance with sections nineteen through nineteen J, inclusive, including any claim based on a failure to use due care in the execution of his duties as a licensed hazardous waste site cleanup professional, shall be limited to actions brought under the provisions of chapter two hundred and fifty-eight.

M.G.L. c. 21A, § 19F Violations; orders issued by board; notice to department

c. 21A, § 19F. Violations; orders issued by board; notice to department Section 19F. Whenever it appears that there is a violation of any provision of sections nineteen through nineteen J, inclusive, or of any regulation, license, or order issued or adopted thereunder, the board may issue to a person causing or contributing, or likely to cause or contribute, to such violation an order requiring the production or analysis of samples, requiring the production of records, or imposing such restraints on or requiring such action by said person, as the board deems necessary to abate or prevent such hazard or violation. Issuance of an order pursuant to this section shall not preclude, and shall not be deemed an election to forego, any action to suspend or revoke a license, to recover damages, or to seek injunctive relief, civil or criminal penalties, or any other remedy. The board shall cause notice of each order, and of the results of all adjudicatory proceedings thereon, to be given to the department as promptly as necessary and in whatever ways are necessary in order to enable the department to promptly and properly exercise its powers and perform its duties pursuant to the provisions of this chapter, chapter twenty-one E, and all other applicable laws.

M.G.L. c. 21A, § 19G Civil administrative penalties

c. 21A, § 19G. Civil administrative penalties Section 19G. (1) The board may assess a civil administrative penalty on a person who fails to comply with any provision of any regulation, order, or license issued or adopted by the board, or with any provision of sections nineteen through nineteen J, inclusive, subject to the following requirements: (a) In all cases, such noncompliance occurred after the board had given such person written notice of such noncompliance, and after reasonable time, as determined by the board and stated in said notice, has elapsed for coming into compliance; provided, that the board may assess such penalty without providing such written notice if such failure to comply: (i) was part of a pattern of noncompliance and not an isolated instance, or (ii) was willful and not the result of error, or (iii) resulted in significant impact on public health, safety, welfare, or the environment. For the purpose of determining whether noncompliance was part of a pattern of noncompliance and not an isolated instance, the board shall consider, but not be limited to, the following: whether or not the board had previously notified the person of any noncompliance on two occasions during the previous four-year period, or of any noncompliance with the same provision of a law, regulation, order, or license as the current noncompliance during the previous five-year period; and whether or not the current and previous noncompliances, considered together, indicate a potential threat to public health, safety, welfare, or the environment or an interference with the ability of the board to efficiently and effectively administer the board's programs or to enforce any regulation, order, or license the board has issued or adopted or any provision of sections nineteen through nineteen J, inclusive. If a person who has received a notice of noncompliance fails to come into compliance within the time period stated in such notice, the civil administrative penalty may be assessed by the board upon such person from the date of receipt of such notice. (b) All other provisions of section sixteen shall apply to all administrative and judicial proceedings for the assessment of civil administrative penalties pursuant to this section, except that for each day a violation occurs or continues, the civil administrative penalty for such violation shall not exceed one thousand dollars. This remedy shall be in addition to any other provided by law. (c) In addition to the requirements set forth in paragraphs (a) and (b), the following additional requirements shall apply to all noncompliance except noncompliance with section nineteen D: (i) No notice of intent to assess a civil administrative penalty shall be issued until the person to whom the notice is intended to be issued has been given an opportunity to informally discuss the alleged noncompliance with the board. Such informal discussion shall not be an adjudicatory proceeding and shall not be subject to those provisions of chapter thirty A governing adjudicatory proceedings; (ii) In every proceeding involving assessment of a civil administrative penalty, the person on whom the civil administrative penalty is assessed shall have the right to choose to either pay the full amount of the civil administrative penalty or attend and successfully complete a course of remedial education prescribed by the board if the board assesses the civil administrative penalty. If the person on whom the civil administrative penalty is assessed chooses to, but does not, attend and successfully complete the course of remedial education prescribed by the board, the person on whom the civil administrative penalty is assessed shall pay the full amount of the civil administrative penalty, plus interest calculated from the date on which he chose to attend the course of remedial education. (iii) Notwithstanding any provision of paragraph (b) to the contrary, the total amount of a civil administrative penalty subject to this paragraph shall not exceed, in the aggregate, one thousand dollars. (2) The board may issue a public censure or a private censure to a licensee at any time for cause.

M.G.L. c. 21A, § 19H Adjudicatory hearings; judicial review

c. 21A, § 19H. Adjudicatory hearings; judicial review Section 19H. Any person aggrieved by a determination by the board and who has legal standing to do so, may request an adjudicatory hearing before the board if the determination is made in an adjudicatory proceeding as that term is defined and used in chapter thirty A. Any such determination shall contain a notice of the right to request a hearing and may specify a reasonable time limit, not to exceed twenty-one days, within which said person shall request such hearing. If no such request is timely made, the determination shall be deemed assented to. If a timely request is received, the board shall, within a reasonable time, act upon such request. All adjudicatory proceedings before the board shall be conducted in accordance with all provisions of chapter thirty A governing the conduct of adjudicatory proceedings. If in making a determination subject to this section, the board finds that an imminent threat to public health or safety or to the environment could result during the pendency of an adjudicatory proceeding, the board may order that the determination become provisionally effective and enforceable immediately upon issuance, and shall remain so notwithstanding and until the conclusion of the adjudicatory proceeding, unless the board orders otherwise during the course of the adjudicatory proceeding. Any person aggrieved by a final decision of the board in an adjudicatory proceeding held pursuant to this section may obtain judicial review thereof pursuant to the provisions of chapter thirty A.

M.G.L. c. 21A, § 19I Jurisdiction of superior court

c. 21A, § 19I. Jurisdiction of superior court Section 19I. The superior court department of the trial court shall have jurisdiction to enjoin violations of, or to grant such additional relief as it deems necessary or appropriate to secure compliance with, the provisions of sections nineteen to nineteen J, inclusive, or of any regulation, license, or order issued or adopted thereunder, upon the petition of the board, the department, or the attorney general. Any monetary claims against an employee of the commonwealth based on non-compliance with sections nineteen through nineteen J, inclusive, including any claim based on a failure to use due care in the execution of his duties as a licensed waste site cleanup professional, shall be limited to actions brought under the provisions of chapter two hundred and fifty-eight.

M.G.L. c. 21A, § 19J Violations; penalties

c. 21A, § 19J. Violations; penalties Section 19J. Any person who violates section nineteen D, or who knowingly makes any materially false or inaccurate statement in any application, record, report, plan, design, or statement which said person submits to the board or the department, or who knowingly makes any materially false, or inaccurate statement in any record, report, plan, file, log, or register which that person keeps or is required to keep pursuant to any law, regulation, or order for the protection of the environment, or who knowingly and materially falsifies, tampers with, alters, destroys, or disturbs any mechanism, recovery, or control system, or any monitoring device or method which any person maintains or which is required to be maintained pursuant to any law, regulation, or order for the protection of the environment, or who violates any provision of sections nineteen through nineteen J in a manner that constitutes knowing endangerment of public health or safety or the environment, or who knowingly allows or suffers any of his employees, agents, or contractors to do any of the foregoing, shall be punished by a fine of not more than one thousand dollars or by imprisonment in a house of correction for not more than one year, or both. Each day each such violation occurs or continues shall be considered a separate offense, provided that in no event shall a fine exceed, in the aggregate, ten thousand dollars, and that a term of imprisonment shall not exceed, in the aggregate, two years. Any monetary claims against an employee of the commonwealth based on non-compliance with sections nineteen through nineteen J, inclusive, including any claim based on a failure to use due care in the execution of his duties as a licensed waste site cleanup professional, shall be limited to actions brought under the provisions of chapter two hundred and fifty-eight.

M.G.L. c. 21A, § 20 Joint powers agreements; definitions; approval; administration

c. 21A, § 20. Joint powers agreements; definitions; approval; administration Section 20. (a) As used in this section, the following words shall, unless the context clearly indicates otherwise, have the following meanings:— ''Public agencies'', any city, town, county, district, or other political subdivision, authority, public corporation, board or commission of the commonwealth; the commonwealth or any agency or department thereof; any such agency, department, political subdivision or entity in a state adjoining the commonwealth; any interstate agency; the United States government and any department or agency thereof. ''Purposes of this section'', the purposes set forth in clauses (1) to (24), inclusive, of section two, and any similar and compatible purposes related to the management, protection, and enhancement of natural resources and the environment. ''Region'', any geographically-described area within which the powers and duties provided in a joint powers agreement will be exercised. ''Joint powers agreement'', a document specifying the terms and conditions of the joint exercise of powers and duties entered into by participating public agencies pursuant to the laws governing any such agency, the provisions of this section, and such procedural regulations as the secretary of environmental affairs may promulgate. (b) In order to facilitate intergovernmental action on natural resource and environmental issues and thereby to advance the objectives set forth in Article XCVII of the Articles of Amendment to the Constitution of the Commonwealth, any two or more public agencies, for any region they may elect, may apply to the secretary of environmental affairs to enter into an agreement for the joint exercise of certain of their powers and duties. The proposed joint powers agreement shall specify: (1) the purpose and nature of the arrangement; (2) the work to be performed, and the division or sharing of responsibility among public agencies; (3) the estimated costs and the methods of financing; (4) the method of administration; and (5) the duration of the proposed agreement. Following a public hearing in the specified region, and upon a written finding that the proposed agreement meets the requirements of this section, the secretary may approve the agreement. The secretary shall file a copy of such approval, with a copy of the agreement, with the clerks of the senate and the house of representatives and with the state secretary. Any proposed agreement not disapproved within forty-five days after said public hearing shall be deemed to have been approved. Agreements may be modified by the secretary and may be extended for additional terms, but in no event shall a joint powers agreement be in existence for more than five years without express statutory approval. (c) A joint powers agreement established pursuant to the provisions of this section may be administered by a board comprised of at least one member representing each participating public agency. In order to enable a combination of public agencies to act together, the board shall coordinate the activities of such participating agencies, but only to the extent of the powers otherwise granted by law to one or more of the participating public agencies. (d) Nothing in this section shall be construed to: (1) amend, repeal or otherwise alter the authority or jurisdiction of, or establish, any public agency; (2) confer any management authority over funds, land, or natural resources beyond the authority exercised by the participating agencies; (3) authorize appropriated funds to be expended for the purposes of this section, or to be transferred or have the effect of being transferred from one appropriation account to another, except as otherwise authorized by law; (4) amend, repeal or otherwise alter the authority of the department of environmental protection to undertake or order actions pursuant to chapter twenty-one E, nor otherwise to require said department to participate in a joint powers agreement if the commissioner thereof determines that such participation would conflict with the purposes of said chapter twenty-one E; nor (5) create liability on the part of any public agency for the act or omission of another public agency.

M.G.L. c. 21A, § 21 Competitive procurement of electric generation

c. 21A, § 21. Competitive procurement of electric generation Section 21. The secretary, in conjunction with the secretary of administration and finance, shall design and implement a bidding process for the competitive procurement of electric generation on behalf of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth procuring electricity from a local distribution company via basic service under section 1B of chapter 164. Any such competitive bid received shall include payment options with rates that remain uniform for a minimum period of 1 year. In lieu of designing and implementing a competitive bidding process as required by this section, the secretary may become a member of programs organized and administered by the Health and Educational Facilities Authority or its subsidiary organization for the purpose of such competitive group purchasing of electricity.

M.G.L. c. 21A, § 22 Carbon dioxide cap and trade program

c. 21A, § 22. Carbon dioxide cap and trade program Section 22. (a) As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise: ''Allowance'', an authorization to emit a fixed amount of carbon dioxide. ''Cap and trade program'', a policy approach for controlling emissions from a group of emitting sources, such as electric generating stations, at a total cost that is expected to be lower than if sources were regulated individually by setting an overall cap or maximum amount of emissions from all regulated sources per compliance period that will achieve the desired environmental effects; provided, however, that a certain number of authorizations to emit in the form of emissions allowances shall be created, issued and made available to persons, companies, organizations or other entities through a sale by auction or direct allocation; and provided further that the total number of allowances made available in a compliance period shall not exceed the cap. ''Department'', department of environmental protection. ''RGGI'' or ''Regional Greenhouse Gas Initiative'', the Memorandum of Understanding dated December 20, 2005, and any amendments thereto and the corresponding Model Rule and any amendments thereto that establishes a cap and trade program within the northeast region of the United States and other regions to the extent that the Memorandum of Understanding is amended. (b) The department, in consultation with the department of energy resources, shall adopt rules and regulations establishing a carbon dioxide cap and trade program to limit and reduce the total carbon dioxide emissions released by electric generating stations that generate electric power. The rules and regulations shall comply with RGGI and permit the holders of carbon dioxide allowances to trade them in a regional market to be established through the RGGI. (c)(1) The department shall provide, by regulation that all allowances issued under the program shall be offered for sale by auction. The proceeds recovered from the allowance auctions shall be deposited in the RGGI Auction Trust Fund established in section 35II of chapter 10. The proceeds shall be used without further appropriation for the following purposes only and shall be in a proportion to be determined by the department of energy resources with the approval of the secretary: [There is no clause (i) of paragraph (1) of subsection (c).] (ii) to fund the green communities program established in section 10 of chapter 25A; (iii) to provide zero interest loans to municipalities, which are not green communities under section 10 of chapter 25A for energy efficiency projects; (iv) to promote energy efficiency, conservation and demand response; and (v) to reimburse the commonwealth for costs associated with the administration of the cap and trade program. (2) Notwithstanding this section, the department may set aside up to 1 per cent of the commonwealth's annual allocation of allowances to support the voluntary green power market which enables electricity consumers to support the development of renewable resources. (d) The department of energy resources shall adopt regulations governing the auction of allowances. The department of energy resources may hire an independent contractor determined by the office to be qualified to conduct the auction in a manner that ensures the efficiency of the auction, or may provide for participation in a regional auction. (e) The responsibilities created by establishing a carbon dioxide cap and trade program shall be in addition to any other responsibilities imposed by any other general or special law or rule or regulation and shall not diminish or reduce any power or authority of the department, including the authority to adopt standards and regulations necessary for the commonwealth to join and fully participate in a multistate program at any stage in the development and implementation of such a program intended to control emissions of carbon dioxide or other substances that are determined by the department to be damaging or altering the climate. (f) Notwithstanding any general or special law or rule or regulation to the contrary, the state comptroller shall grant a permanent waiver or exemption from any applicable charges or assessments made against the proceeds from the auction of allowances under this section by the office of the comptroller under its authority under sections 5D of chapter 29. (g) Notwithstanding any general or special law or regulation to the contrary, any information required by the department of energy resources or the department of any party participating in the cap and trade program, with the exception of any emission, offset and allowance tracking information required for compliance with the cap and trade program, shall be maintained for the sole and confidential use of the commonwealth, the department, the department of energy resources and their agents. This information shall not be deemed to be a public record as defined in clause Twenty-sixth of section 7 of chapter 4 and shall not be subject to demand for production under section 10 of chapter 66. Aggregates of such information may be prepared and such aggregates shall be public records. All information collected under this section may be shared with other states which afford such information similar protection from public disclosure.

M.G.L. c. 21A, § 23 Off-highway vehicle advisory committee

c. 21A, § 23. Off-highway vehicle advisory committee Section 23. There is hereby established within the executive office of energy and environmental affairs a state off-highway vehicle advisory committee. The committee shall advise the secretary and the department of conservation and recreation, the department of fish and game, the department of environmental protection and the office of environmental law enforcement on matters involving the commonwealth's regulation of off-highway vehicles, as defined in section 20 of chapter 90B, including the development and enforcement of state regulations and policies, safety and training programs and the distribution of available state funding. The committee shall consist of 13 members to be appointed by the secretary, 3 of whom shall be representatives of off-highway vehicle users, 1 of whom shall be a representative of the New England Trail Rider Association; 1 of whom shall be a representative of the Specialty Vehicle Industry Association and the Massachusetts Powersport Dealers Association; 1 of whom shall be a representative of the department of public health; 1 of whom shall be a representative of child safety advocates associated with the safe use of off-highway vehicles; 1 of whom shall be a representative of the Snowmobile Association of Massachusetts, Inc.; 2 of whom shall be representatives of a nonprofit organization that owns and manages land open to the public; 1 of whom shall be a representative of an association or organization of large private land owners; 1 of whom shall be a member of a friends group of the Massachusetts Forest and Parks Network; and 2 of whom shall be representatives of state or local law enforcement authorities. Members shall serve without compensation. Members shall be appointed for terms of 3 years. The committee shall select a chair annually by a majority vote of the members. The committee shall meet at least twice each year and shall also meet at the request of the secretary or the committee chair.

M.G.L. c. 21A, § 24 Office of the state climatologist; powers and duties; term

c. 21A, § 24. Office of the state climatologist; powers and duties; term Section 24. There shall be within the executive office of energy and environmental affairs an office of the state climatologist, which shall be under the supervision and control of a state climatologist to be appointed by the secretary of energy and environmental affairs and the chancellor of the University of Massachusetts at Amherst. The office of the state climatologist shall be housed at the University of Massachusetts at Amherst and shall: (i) gather and archive data on climate conditions in the commonwealth; (ii) conduct and foster research concerning the climate in the commonwealth and look for opportunities for sponsored research concerning climate issues in the commonwealth; (iii) coordinate with the Northeast Regional Climate Science Center housed at the University of Massachusetts at Amherst by the United States Department of the Interior; and (iv) educate and inform citizens on matters related to the climate. The office of the state climatologist shall advise all other branches of state and local government concerning the climate in the commonwealth and its implications for both economic and scientific needs in conjunction with existing and future environmental factors relating to the climate in the commonwealth. The office of the state climatologist shall maintain a liaison with federal and other state and academic institutions and join federal and international climate interest groups. The state climatologist shall serve for a term of 5 years but may be reappointed. The office of the state climatologist shall be funded by the executive office.

M.G.L. c. 21A, § 25 Water infrastructure advisory committee; members; report

c. 21A, § 25. Water infrastructure advisory committee; members; report Section 25. (a) There shall be a water infrastructure advisory committee to monitor the progress of closing the gap in funding for water, wastewater and storm water infrastructure. (b) The advisory committee shall consist of: the secretary of energy and environmental affairs or a designee; the state treasurer or a designee; 2 people to be appointed by the president of the senate, 1 of whom shall be a member of the senate and 1 of whom shall be a representative of a planning organization, an environmental consumer organization or other public interest organization; 2 people to be appointed by the speaker of the house of representatives, 1 of whom shall be a member of the house of representatives and 1 of whom shall be a representative of a planning organization, an environmental consumer organization or other public interest organization; 1 person to be appointed by the minority leader of the senate and 1 person to be appointed by the minority leader of the house of representatives, each of whom shall be from different geographic regions of the commonwealth and who shall be representatives of the business community; and 13 persons to be appointed by the secretary of energy and environmental affairs who shall not be employees of the executive branch and who shall reside in different geographic regions of the commonwealth, 1 of whom shall be a representative of the Massachusetts Water Resources Authority advisory board, 1 of whom shall be a representative of the American Council of Engineering Companies of Massachusetts, 1 of whom shall be a representative of the Utility Contractors' Association of New England, Inc., 1 of whom shall be a representative of the Massachusetts Waterworks Association, Inc., 1 of whom shall be a representative of the Massachusetts Municipal Association, Inc., 1 of whom shall be a representative of Clean Water Action, 1 of whom shall be a representative of Associated Industries of Massachusetts, Inc., 1 of whom shall be a representative of the Environmental League of Massachusetts, Inc., 1 of whom shall be a representative of the Massachusetts Rivers Alliance, Inc., 1 of whom shall be a representative of the Massachusetts Water Pollution Control Association, Inc., 1 of whom shall be a representative of the Massachusetts Coalition for Water Resources Stewardship, Inc., 1 of whom shall be a representative of the Boston Society of Civil Engineers Section and 1 of whom shall be a representative of the Massachusetts AFL–CIO. (c) The advisory committee may file a report on the activities of the committee as deemed necessary with the clerks of the house and the senate who shall forward the same to the chairs of the joint committee on environment, natural resources and agriculture.

M.G.L. c. 21A, § 26 Local seafood marketing program; objectives; steering committee

c. 21A, § 26. Local seafood marketing program; objectives; steering committee Section 26. (a) There shall be within the division of marine fisheries a coordinated program to market seafood landed in the commonwealth and to take other actions to increase consumer demand and preference for local seafood products, to support the commonwealth's fishing and seafood industry and the residents and communities that benefit from these activities. The objectives of the program may include, but shall not be limited to: (i) increasing the public's knowledge about the health benefits of consuming seafood and the economic importance of the commonwealth's fishing industry to the local economy and communities; (ii) educating the public on fisheries' resources, fisheries' management and commercial fishing to build consumer confidence in the sustainable basis for commercial fishing in the commonwealth; (iii) creating name recognition and increasing consumer demand and preference for the commonwealth's seafood products, including through the use of brand name, logo or other actions to differentiate them from other seafood products; (iv) stabilizing market prices through the promotion of the commonwealth's seafood products in low consumer demand or when the supply of those products is high; (v) developing a variety of promotional and educational tools and strategies to achieve the program's purpose and objectives, including employing market research and social media; and (vi) identifying a range of sources and mechanisms to fund program activities and to increase the scope of program outreach to the public and other stakeholders. (b) The director of marine fisheries shall appoint a permanent steering committee to assist the division in the administration of its seafood marketing program, including in the areas of strategic planning, financial management, prioritization of programmatic initiatives and in pursuing funding for program activities from outside sources such governments, nongovernmental organizations, industry stakeholders and other private parties. The steering committee shall consist of the director of marine fisheries or a designee who shall serve as chair, the commissioner of fish and game or a designee, the commissioner of agricultural resources or a designee, 2 members of the senate, 1 of whom shall be the chair of the joint committee on environment, natural resources and agriculture and 1 of whom shall be appointed by the minority leader, 2 members from the house of representatives, 1 of whom shall be the chair of the joint committee on environment, natural resources and agriculture and 1 of whom shall be appointed by the minority leader, and 12 persons to be appointed by the governor, 1 of whom shall be a representative of wholesale seafood dealers, 1 of whom shall be a representative of the seafood retail business, 1 of whom shall be a representative of the seafood restaurant business, 2 of whom shall be representatives of fishing industry advocacy organizations, 4 of whom shall be representatives from the commercial fishing and harvesting industry, 1 of whom shall be a representative of the lobster industry, 1 of whom shall be a representative of the scallop industry and 1 of whom shall be a representative of the wild caught shellfish industry.

M.G.L. c. 21A, § 27 Program to facilitate transfer of development rights to protect conservation values and encourage development through market incentives; administration of loan program

c. 21A, § 27. Program to facilitate transfer of development rights to protect conservation values and encourage development through market incentives; administration of loan program Section 27. (a)(1) There shall be within the executive office of energy and environmental affairs a program to facilitate, through municipal ordinances or by-laws, the transfer of development rights to protect conservation values and encourage development through market incentives. For the purposes of this section, ''transfer of development rights'' shall have the same meaning as provided in section 1A of chapter 40A. (2) The secretary, in consultation with the secretary of economic development, the secretary of housing and livable communities, and other agencies or offices as appropriate, shall manage and oversee the program, including the administration of the Transfer of Development Rights Revolving Fund established in section 35HHH of chapter 10. The secretary may promulgate regulations to carry out this section. (b) To be eligible for a loan from the Transfer of Development Rights Revolving Fund, a municipality shall: (i) establish a municipal transfer of development rights revolving fund under section 53E1/2 of chapter 44 for the purchase and sale of the transfer of development rights; and (ii) enact a transfer of development rights zoning bylaw or ordinance approved by the secretary, in consultation with the secretary of economic development and the secretary of housing and livable communities, that, at a minimum: (A) enables the acquisition, retention and disposition of the transfer of development rights; (B) provides reasonable assurance that areas designated for preservation through the transfer of development rights have ample natural resource, agricultural, recreational, historic or other conservation value such that their protection will be of sufficient public benefit to meet the standards for approval of a conservation, agricultural preservation, watershed protection, preservation or other use restriction as provided in this section; (C) requires that the land from which development rights will be extinguished shall be subject to a permanent conservation, watershed preservation, agricultural preservation or preservation restriction pursuant to sections 31 to 33, inclusive, of chapter 184; (D) requires that the restriction described in clause (C) shall be recorded with the registry of deeds or registered in the registry district of the land court for the county or district wherein the land lies; provided, however, that if the land is submitted for approval by the appropriate state official but does not qualify or is not approved for such a restriction the land shall be subject to a restrictive covenant extended in perpetuity pursuant to sections 26 to 30, inclusive, of said chapter 184, and said covenant shall be: (1) approved by the planning board and the city council or board of selectmen, as appropriate; (2) held by the municipality or a nonprofit organization permitted to hold restrictions pursuant to section 32 of said chapter 184; and (3) duly recorded or registered, as applicable; (E) provides reasonable assurance that an area designated for receipt of transferred development rights is properly sized based on the potential increase in growth that may result from transfers to the area, and that the area is appropriate for additional growth based on its location, the availability of infrastructure or planned infrastructure development and access to municipal services; and (F) establishes a procedure for the planning board to issue development rights certificates, in a form specified by the secretary, indicating ownership of transferable development rights, and to provide for and document the creation, acquisition, disposition, exercise and redemption of transferable development rights, including: (1) procedures for the filing of development rights certificates with the municipal clerk and recording with the registry of deeds or registration in the registry district, as applicable, for both the land from which development rights are extinguished and the land to which such rights are transferred; (2) procedures for documenting the recording or registration of the original restriction or restrictive covenant as required in clause (C); and (3) procedures, including any limitations, for the exercise of transferable development rights in the event of subsequent amendments to zoning ordinances and bylaws affecting the development authorized by the transferable development right. (c) To apply for a loan from the fund, an eligible municipality shall submit an application that certifies, at a minimum, that the municipality shall: (i) follow the provisions of chapter 30B when acquiring or disposing of transferable development rights; (ii) commit, through approval of the local legislative body, to repay any loan from the fund under the terms then specified; (iii) keep permanent records of all restrictions recorded and transferable development rights created, acquired, held, sold, disposed or exercised, and report on these activities to the secretary in a manner directed by the secretary; and (iv) keep permanent records of all financial transactions involving the municipal transfer of development rights revolving fund and report on these transactions and fund balances to the secretary in a manner directed by the secretary. (d) Loans from the fund shall carry 0 per cent interest for the first 5 years from the date of origination, and the prime rate plus 1 per cent from the sixth to the tenth year from the date of origination. A municipality that has not repaid its loan within 10 years of the origination date shall be considered in default. In addition to other remedies specified under any loan agreement, if a municipality shall fail to pay to the fund any principal, interest or other charges payable under a loan or loan agreement, when due and after demand, the secretary may certify to the state treasurer the amount owed by the municipality to the fund and may request that the state treasurer reduce annual local aid to the recipient by the amount necessary to repay the principal, interest or other charges owed over a 10 year period. The state treasurer shall promptly pay over to the secretary for deposit in the fund, without further appropriation, local aid distributions in the amounts requested by the secretary and otherwise certified to the state treasurer as payable to the municipality.

M.G.L. c. 21A, § 28 Protection from harmful flame retardants

c. 21A, § 28. Protection from harmful flame retardants Section 28. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Bedding'', any bedding material, including, but not limited to, a mattress, mattress pad, mattress cover, sheeting, pillow, blanket, comforter, duvet cover, sleeping bag or any other stuffed item intended to be used for reclining or sleeping. ''Carpeting'', any fabric floor covering, including carpet padding. ''Children's product'', a consumer product intended, made or marketed for use by children 12 years of age or under. ''Covered product'', bedding, carpeting, children's product, residential upholstered furniture or window treatment. ''Department'', the department of environmental protection. ''Engineered nanoobject'', a material with 1, 2 or 3 external dimensions in the nanoscale. ''Manufacturer'', a person or entity that produces, imparts or distributes covered products. ''Nanoscale'', a size range from approximately 1 nanometer to 100 nanometers. ''Residential upholstered furniture'', seating or other upholstered products intended for indoor or outdoor use in or at a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or other textile. ''Retailer'', a person or entity that offers a product for sale at retail through any means, including, but not limited to, remote offerings such as sales outlets, catalogs or the internet; provided, however, that sale at retail shall not include a sale that is a wholesale transaction with a distributor or a retailer. ''Window treatment'', curtain materials, blinds or shades. (b) A manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in commerce or import into the commonwealth a covered product, except for inventory manufactured prior to December 31, 2021, that contains any of the following chemical flame retardants or a chemical analogue the total weight of which exceeds 1,000 parts per million for any component part of the covered product: (i) Tris(1,3-dichloro-2-propyl) phosphate (TDCPP) (Chemical Abstracts Service number 13674-87-8); (ii) Tris(2-chloroethyl)phosphate (TCEP) (Chemical Abstracts Service number 115-96-8); (iii) Antimony trioxide (Chemical Abstracts Service number 1309-64-4); (iv) Hexabromocyclododecane (HBCD) (Chemical Abstracts Service number 25637-99-4); (v) Bis(2-Ethylhexyl)-3,4,5,6-tetrabromophthalate (TBPH) (Chemical Abstracts Service number 26040-51-7); (vi) 2-EthylhexYl-2,3,4,5-tetrabromobenzoate (TBB) (Chemical Abstracts Service number 183658-27-7); (vii) Chlorinated paraffins (Chemical Abstracts Service number 85535-84-8); (viii) Tris (1-chloro-2-propyl) phosphate (TCPP) (Chemical Abstracts Service number 13674-84-5); (ix) PentaBDE (Chemical Abstracts Service number 32534-81-9); (x) OctaBDE (Chemical Abstracts Service number 32536-52-0); (xi) Tetrabromobisphenol A (TBBPA) (Chemical Abstracts Service number 79-94-7); or (xii) any other chemical flame retardants specified by the department pursuant to subsection (c). (c) Not less than every 3 years, the department shall, in consultation with the Toxics Use Reduction Institute at the University of Massachusetts at Lowell, the Science Advisory Board established in section 6 of chapter 21I and any other relevant state agency, review, identify and recommend, if applicable, other chemical flame retardants that should be prohibited under subsection (b); provided, however, that in recommending another chemical flame retardant to be prohibited, the department shall determine through scientific documentation that the chemical flame retardant is known or reasonably anticipated to present a toxic hazard to people through 1 or more potential routes of exposure; provided further, that a toxic hazard may include, but shall not be limited to: (i) harming the normal development of a fetus or child or causing other developmental toxicity; (ii) causing cancer, genetic damage or reproductive harm; (iii) disrupting the endocrine system; (iv) damaging the nervous system, immune system or an organ or causing other systemic toxicity; (v) being persistent, bioaccumulative and toxic; or (vi) having health and environmental impacts. If the department determines that a chemical flame retardant meets the conditions of this subsection, it shall promulgate regulations to restrict the manufacture, sale, distribution in commerce or importation of any covered product containing the chemical flame retardant within 9 months after making such determination and upon such determination the department shall send notice of the determination to the joint committee on public health. A manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in commerce or import into the commonwealth any covered product, except for inventory manufactured prior to the effective date of the promulgated regulation that contains the chemical flame retardant in a total weight that exceeds 1,000 parts per million for any component part of the covered product; provided, however, that if the chemical flame retardant is an engineered nanoobject, a manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in commerce or import into the commonwealth any covered product, except for inventory manufactured prior to the effective date of the promulgated regulation that contains the chemical flame retardant in any amount. (d) This section shall not apply to: (i) motor vehicles, watercraft, aircraft, all-terrain vehicles, off-highway motorcycles or any component parts; (ii) the sale or purchase of any previously-owned product containing a chemical flame retardant prohibited under this section; (iii) electronic devices; and (iv) electronic components of covered products. (e) Subsections (a) to (c), inclusive, shall not apply to the sale, purchase, lease, distribution or use of any covered product manufactured before December 31, 2021 or any covered product that contains chemicals prohibited under this section due to the presence of recycled materials used during the manufacture of the product covered. (f) A manufacturer or retailer who violates this section, or any regulation promulgated pursuant to this section, shall be subject to the following civil penalties: (i) for the first violation, a fine of not more than $100 per covered product, not to exceed a total of $5,000; (ii) for the second violation, a fine of not more than $250 per covered product, not to exceed a total of $25,000; and (iii) for the third or subsequent violation, a fine of not more than $1,000 per covered product, not to exceed a total of $50,000. For purposes of calculating a penalty under this section, a collection of covered products that are sold as a set shall constitute 1 covered product. A manufacturer or retailer who knowingly violates this section shall be subject to a civil penalty equal to 3 times the amount of the fine imposed for such violation under this subsection. A civil penalty for a violation of this section shall be waived if the department determines that a manufacturer or retailer acted in good faith to be in compliance with this section, pursued compliance with due diligence and promptly corrected any noncompliance after discovery of the violation. (g) The department may promulgate such rules and regulations as it deems necessary to implement this section. (h) The department may establish a labeling program for any covered product that meets relevant fire safety standards and does not contain a chemical flame retardant prohibited by this section.

M.G.L. c. 21A, § 29 Office of environmental justice and equity

c. 21A, § 29. Office of environmental justice and equity Section 29. There shall be an office of environmental justice and equity within the executive office of energy and environmental affairs, which shall be administered by an undersecretary of environmental justice and equity who shall be appointed and may be removed by the secretary of energy and environmental affairs. The office shall be responsible for implementing environmental justice principles, as defined in section 62 of chapter 30, in the operation of each office and agency under the executive office. The office shall develop standards and guidelines governing the potential use and applicability of: (i) community benefit plans and agreements; and (ii) cumulative impact analyses in developing energy infrastructure with input from representatives of utilities, the renewable energy industry, local government, environmental justice community organizations, environmental sectors and other representatives as deemed appropriate by the office.

M.G.L. c. 21A, § 30 Methodology for determining suitability of sites for clean energy generation and storage facilities and clean transmission and distribution infrastructure facilities

c. 21A, § 30. Methodology for determining suitability of sites for clean energy generation and storage facilities and clean transmission and distribution infrastructure facilities Section 30. The executive office of energy and environmental affairs shall establish and periodically update a methodology for determining the suitability of sites for clean energy generation facilities, clean energy storage facilities and clean transmission and distribution infrastructure facilities in newly established public rights of way. The methodology shall include multiple geospatial screening criteria to evaluate sites for: (i) development potential; (ii) climate change resilience; (iii) carbon storage and sequestration; (iv) biodiversity; and (v) social and environmental benefits and burdens. The executive office shall require facility development project proponents to avoid or minimize or, if impacts cannot be avoided or minimized, mitigate siting impacts and environmental and land use concerns. The executive office shall develop and periodically update guidance to inform state, regional and local regulations, ordinances, by-laws and permitting processes on ways to avoid, minimize or mitigate impacts on the environment and people to the greatest extent practicable.

M.G.L. c. 21A, § 31 Regulations relating to utilization, reliability, and availability chargers and charging stations; sharing of data

c. 21A, § 31. Regulations relating to utilization, reliability, and availability chargers and charging stations; sharing of data Section 31. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:— ''Charger'', a device having at least 1 charging port and connector for charging electric vehicles; provided, however, that ''charger'' shall also mean electric vehicle supply equipment. ''Charging network provider'', the entity that operates the digital communication network that remotely manages the chargers, which may include charging station operators and manufacturer chargers. ''Charging station'', a charger or group of chargers and the area in the immediate vicinity of such charger or group of chargers, which may include, at the discretion of the regulating entity, supporting equipment, parking areas adjacent to the chargers and lanes for vehicle ingress and egress; provided, however, that a charging station may comprise only part of the property on which it is located. ''Charging station operator'', an entity that owns or provides the chargers and the supporting equipment and facilities at charging stations and is responsible for the operation and maintenance of the chargers and the supporting equipment and facilities; provided, however, that such operator may delegate responsibility for certain aspects of the charging station operation and maintenance to subcontractors. ''Connector'' or ''Plug'', a device that attaches an electric vehicle to a charging port to transfer electricity. ''Direct current fast charger'', a charger that enables rapid charging by delivering direct-current, or DC current, electricity directly to an electric vehicle's battery. ''Electric vehicle'', a battery electric vehicle that is either a zero-emission vehicle or a plug-in hybrid electric vehicle equipped with an on-board electrical energy storage device that can be recharged from an external source of electricity and has the capability to run on another fuel; provided, however, that ''electric vehicle'' shall not include a golf cart, electric bicycle or other micromobility device. ''Electric vehicle charging services'', the transfer of electric energy from an electric vehicle charging station to a battery or other storage device in an electric vehicle and related billing services, networking and operation and maintenance. ''Electric vehicle supply equipment'', a device, including at least 1 charging port and connector, for charging electric vehicles; provided, however, that the term ''electric vehicle supply equipment'' shall also mean a charger. ''Level 1'', a galvanically-connected electric vehicle supply equipment with a single-phase input voltage nominally 120 volts alternating current and maximum output current of not more than 16 amperes alternating current. ''Level 2'', a galvanically-connected electric vehicle supply equipment with a single-phase input voltage range from 208 volts to 240 volts alternating current and maximum output current of not more than 80 amperes alternating current. ''National Electric Vehicle Infrastructure Formula Program'', the federal program established pursuant to the Infrastructure Investment and Jobs Act, Public Law 117–58, pursuant to which the Federal Highway Administration provides funding to the states to facilitate the strategic, nationwide deployment of electric vehicle infrastructure and the related establishment of an interconnected, interstate network that is designed to facilitate data collection, access and reliability in association with the increased use of electric vehicles and electric vehicle infrastructure. ''Public electric vehicle charging station'', an electric vehicle charging station located at a publicly-available parking space. ''Publicly-available parking space'', a parking space that has been designated by a property owner or lessee to be available to and accessible by the public and may include on-street parking spaces and parking spaces in surface lots or parking garages; provided, however, that ''publicly-available parking space'' shall not include a parking space that is part of or associated with residential real property containing not more than 4 dwelling units or that is reserved for the exclusive use of an individual driver or vehicle or for a group of drivers or vehicles, including employees, tenants, visitors, residents of a common interest development and residents of an adjacent building. ''Publicly-funded and available charging station'', a public electric vehicle charging station that has received, or expects to receive, a grant, loan or other incentive from a federal or state government source or by a charge on ratepayers and is located at a publicly available parking space. (b) The executive office of energy and environmental affairs shall promulgate regulations to: (i) monitor the utilization or frequency of use of chargers and charging stations; (ii) monitor the reliability and availability of chargers and charging stations, including, but not limited to, whether reliability varies by the income of municipalities or neighborhoods or by regions of the commonwealth; and (iii) require, with respect to publicly-funded and available charging stations installed on or after April 1, 2025, charging network providers and charging station operators to share, free of charge, certain data fields, including, but not limited to, data fields providing real-time information about location, availability and price by port, with third-party software developers via application programming interfaces; provided, however, that any such data sharing may be conditioned on measures to protect sensitive or confidential business information. The executive office of energy and environmental affairs may designate any of its agencies to promulgate such regulations. (c) In promulgating regulations under this section, the executive office or its designated agency may apply different requirements to publicly-funded and available charging stations or other charging stations. (d) Regulations promulgated under this section may vary by technology type, power levels, number of chargers per site, site ownership and according to whether chargers: (i) are networked; (ii) are public; (iii) are publicly-funded and available charging stations; (iv) are level 1, level 2 or direct current fast chargers; or (v) are all-inclusive mobile solar charging stations. Such regulations may apply to charging stations other than publicly-funded and available charging stations but shall not apply to chargers or charging stations installed at a residential real property containing not more than 4 dwelling units. The executive office or its designated agency may, in its discretion, set such standards as it deems necessary for data formats that comply with electric vehicle charging industry best practices and standards. (e) With respect to any regulations that may be promulgated pertaining to reliability, the executive office or its designated agency shall develop definitions of ''uptime'' and ''exempted downtime'' through a public process and in such a manner to promote, as much as is practicable, consistency with other jurisdictions and the National Electric Vehicle Infrastructure Formula Program requirements; provided, however, that the office or designated agency may: (i) set standards for uptime; (ii) consider which events, if any, may count as exempted downtime; and (iii) take into account the quality and condition of software and hardware.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter21AFetched: 10/20/2026