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Action Alert: Please Write Your State Legislator Now

Clock is Ticking for LSPA's S. 2737 on Home Heating Oil Insurance

The LSPA's Senate Bill S.2737, which would require insurance companies to provide first- and third-party coverage for home heating oil releases, is once again under consideration by the Massachusetts House Committee on Ways and Means. This is the second time that the bill has passed the Senate and landed here. We are asking for your help in the next few days to get this bill to the Governor's desk. 

Especially if your state representative is a member of the House Committee on Ways and Means (and even if they are not) NOW is the time to get their attention. The more requests from constituents, the more visibility and support our bill gets. The legislature’s formal session ends on July 31, 2024.  

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Updates: New Legislative Session

New Legislative Session Begins

The General Court of the Commonwealth of Massachusetts, aka the Massachusetts State Legislature, began a new two-year session in early 2023. Committee leadership has been appointed, and hearings have begun. The LSPA recently submitted two letters of written testimony.

We wrote a letter of support for S. 1765 and H. 2913 “An Act to extend the Brownfields tax credit” to the Joint Committee on Revenue.  These two identical bills propose to extend the Massachusetts Brownfields Tax Credit program for five years, thereby ensuring liability relief and financial incentives to clean up and redevelop contaminated properties. 

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Those who heat with oil face even greater price shock: cost of a leak

The LSPA continues to work for the passage of our bill to mandate that all homeowners’ policies automatically include coverage for spills and leaks from oil heating tanks. Read our letter in today’s Boston Globe.   

LSPA's Home Heating Oil Insurance Bill Still Positioned for Passage

The Legislature’s Formal Session ended on July 31, 2022, without passage of the LSPA’s bill, An Act relative to the remediation of home heating oil releasesThe LSPA was thrilled that the bill passed the Senate in April 2022 with a unanimous roll-call vote, indicating that Senators wanted to be on-record as supporting our bill. It was then sent to the House Committee on Ways and Means but did not advance in time for closure of the formal session.    

This is the furthest our bill has advanced over three sessions and we have not given up on the bill’s passage this session. The informal legislative session ends on January 2, 2023. Once the legislature has made decisions on more complex bills (e.g., economic development bill; FY '22 final supplemental budget), there should be a window for action for us.  We don’t expect this to happen until the end of September or early October.

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Action Alert: Clock is Ticking for LSPA's S. 2830 on Home Heating Oil Insurance

The LSPA's bill S. 2830, which would require insurance companies to provide first- and third-party coverage for home heating oil releases, is under consideration by the Massachusetts House Committee on Ways and Means. We are asking for your help in the next two days.  

If your state representative is a member of the House Committee on Ways and Means NOW is the time to get their attention. The more requests from constituents, the more visibility and support our bill gets. The legislature’s formal session ends on July 31, 2022. 

We encourage you to write your state representative in the next two days to urge their support of the bill. Check here to find your state representative. (If you have already written but not heard back from your representative, don’t hesitate to re-send your previous email).

Attached here is a sample email you can send. All representatives’ email addresses are on their home page. No need to send paper mail.

If you have experience with a home heating oil release, especially one in which the homeowner did not have insurance or had a tough time getting coverage, please feel free to share this in your letter. Real life examples are most compelling, especially if your client’s property is in the district of one of these representatives.

For more information about the bill, please read the LSPA’s recent letter summarizing progress to date, as well as links to media coverage.

Please contact our Executive Director Wendy Rundle at [email protected] if you have any questions. 
 
Thank you for your support; we will keep LSPA members apprised.


Action Alert: Urge Your State Rep. to Support LSPA's Home Heating Oil Insurance Bill

The LSPA's bill S. 2830, which would require insurance companies to provide first- and third-party coverage for home heating oil releases, is now being considered by the Massachusetts House Committee on Ways and Means.

We are asking for your help; please consider writing to your state representative in the next week to urge their support of the bill. The more requests from constituents, the more visibility and support our bill gets. If your state representative is a member of the House Committee on Ways and Means NOW is the time to get their attention. The legislature’s formal session adjourns July 31, 2022. 

Check here to find your state representative.

Attached here is a sample email you can send. All representatives’ email addresses are on their home page. No need to send paper mail.

If you have experience with a home heating oil release, especially one in which the homeowner did not have insurance or had a tough time getting coverage, please feel free to share this in your letter. Real life examples are most compelling, especially if your client’s property is in the district of one of these representatives.

For more information about the bill, please read the LSPA’s recent letter summarizing progress to date, as well as links to media coverage.

Please contact our Executive Director Wendy Rundle at [email protected] if you have any questions. 

Thank you for your support; we will keep LSPA members apprised.

 

MA Senate Passes LSPA Bill on Insurance for Home Heating Oil Releases

The LSPA is excited to announce that on April 14, 2022, the Massachusetts Senate passed the LSPA’s bill, An Act relative to the remediation of home heating oil releases, with a unanimous vote. Senator Anne Gobi, the bill’s sponsor, spoke in support of the bill prior to the vote. Read the re-numbered bill here. The LSPA made one important edit before the bill was passed; an explanation of the edit is provided here
 
This is a significant step forward but there is still work to be done. The Senate bill has now been sent to the House Committee on Ways and Means for consideration. The LSPA’s Legislative Committee will be working on moving the bill through the House of Representatives before July 31, 2022. If passed by the House, the bill would go next to the Governor’s desk for his signature before becoming law. We’ll keep you informed on the bill's progress.
 
Special thanks to Senator Anne Gobi for sponsoring and championing this bill for three legislative sessions, through Financial Services, Ways and Means, and finally, the full Senate. Many thanks as well to Senator Michael Rodrigues, whose leadership and commitment saw this bill through the Senate Committee on Ways and Means. The media stories and support we received were significant in bringing widespread visibility to this issue; the most recent piece was run by WGBH Boston
 

Boston Globe Endorses LSPA's Legislation

After a flurry of media attention kicked off by this article, the Boston Globe published an editorial on February 26, 2022 in support of the LSPA's bill Senate #676, An Act relative to the remediation of home heating oil releases.  Many thanks to the Globe for pointing out that the bill "would secure the protection Massachusetts homeowners deserve — requiring insurers to provide oil leak coverage."  And the editorial closed with a message for legislators:  "Catastrophic expenses can be, well, catastrophic. And if lawmakers can easily prevent them, they should."  The bill is now being considered by the Senate Committee on Ways and Means.

LSPA Testimony on S. 676 Home Heating Oil Insurance

Led by Susan Crane (Attorney) and Kevin Beaulieu (LSP), the LSPA assembled a team to testify before the MA Legislature’s Joint Committee on Financial Services on October 20, 2021, in support of Senate Bill 676, An Act relative to the remediation of home heating oil releases.  Three homeowners recently impacted by spills, and shocked to learn the releases were not covered by their homeowners insurance, shared their unfortunate experiences.  An insurance industry spokesperson was the only person to testify against the bill. 

The LSPA was pleased that legislators had many follow-up questions that (we thought) showed their interest in pushing insurance companies to take a more active interest in addressing this issue.

To view the relevant portion of the hearing, click here – LSPA testimony begins at 16:25 and runs until 41.20. The testimony of the MA Insurance Federation representative on S. 676 runs from 42:25 to 45:40.  Q&A from legislators runs from 52:10 to 58:30.

The LSPA will continue to monitor progress on the bill, and pursue options for more visibility on the issue.


Legislative Update: LSPA’s Home Heating Oil Insurance Bill

NBC Boston ran this story on September 22, 2021 to again highlight the devastating and costly impacts of residential heating oil spills, especially for those without insurance coverage.  The LSPA continues to work with Senator Anne M. Gobi to pass S. 676, our bill that would require insurance companies to provide coverage for the approximately 700,000 homeowners who do not have it.  For two sessions, this bill has received a favorable report from the legislature's Joint Committee on Financial Services.  

For more information about the LSPA's bill, please read our fact sheet and this additional information which includes TV news coverage.

Ask Your Legislators to Co-Sponsor the LSPA’s Bill

The LSPA continues to work with Senator Anne M. Gobi (D-Spencer) to pass S. 676, our bill that would require insurance companies to provide coverage for residential heating oil spills. At the start of this new legislative session, we are asking LSPA members to write to their state senators and representatives to urge them to sign on as bill co-sponsors before June 1, 2021. The more sponsors of the bill - the better.   

A simple email to your senator and/or representative is all it takes. Enter your home address here to find your legislators.  Here is suggested text for an email.                                             

For more information about the LSPA's bill, please read our fact sheet and this additional information.


Action Alert: Urge Your State Senator to Support LSPA's Home Heating Oil Insurance Bill

Now that the Legislature has completed work on the state's FY '21 budget, it will make one last push on passing legislation before the session ends on January 5, 2021.
 
The LSPA's bill S. 594, which would require insurance companies to provide first- and third-party coverage for home heating oil releases, is still under consideration in the Massachusetts Senate Committee on Ways and Means. We only have four weeks to get this bill a favorable report out of committee and approved by the full Senate before this session ends.
 
We are asking for one last push by our members who are Massachusetts residents. Please consider writing to your state senator to urge their support of the bill. The more requests from constituents, the more likely our bill will be a priority of the Senate. Check here to find your state senator.
If your state senator is a member the Senate Ways & Means Committee and/or a co-sponsor of the bill,
NOW is the time to get their attention. Attached here is a sample email you can send. All senators' email addresses are on their home page.
 
If your senator is not a committee member or a co-sponsor, you should still write to urge her/him to encourage the Senate Ways & Means Committee to issue a favorable report on the bill. Here is a sample email you can send. All senators' email addresses are on their home page.
 
If you have experience with a home heating oil release, especially one in which the homeowner did not have insurance or had a difficult time obtaining coverage, please consider sharing this experience in your letter. Real life examples are most compelling, especially if your client's property is in the district of one of these senators.
 
For more information about the bill, please read the LSPA's letter and fact sheet, as well as a supporting letter from five state environmental organizations.
 
Please contact our Executive Director Wendy Rundle at [email protected] if you have any questions.
 
Thank you for your support; we will keep LSPA members apprised.
 
 
LSPA Legislative Committee Co-Chairs
Spence Smith, LSP, Jacobs
Tim Clinton, LSP, Fuss & O'Neill
 

Action Alert: Ask Your State Senator to Support LSPA's Home Heating Oil Insurance Bill

The LSPA's bill S. 594, which would require insurance companies to provide first- and third-party coverage for home heating oil releases, is now being considered by the Massachusetts Senate Ways & Means Committee.

We are asking for your helpIf your state senator is a member the Senate Ways & Means Committee or a co-sponsor of the bill, NOW is the time to get their attention. Please consider writing to him/her to urge support of the bill. The more requests from constituents, the more visibility our bill gets. The legislature's formal session adjourns July 31, 2020.

Check here to find your state senator.

Attached here is a sample email you can send. All senators' email addresses are on their home page. No need to send paper mail.

If you have experience with a home heating oil release, especially one in which the homeowner did not have insurance or had a tough time getting coverage, please feel free to share this in your letter. Real life examples are most compelling, especially if your client's property is in the district of one of these senators.

For more information about the bill, please read the LSPA's letter and fact sheet, as well as a supporting letter from five state river, wetlands, and watershed protection organizations. We encourage you to mention in your letter if you are a member of any of these organizations.

Please copy our Executive Director, Wendy Rundle, at [email protected] on your email, and contact her if you have any questions. Thank you for your support; we will keep LSPA members apprised.

Sincerely,
  
LSPA Legislative Committee Co-Chairs
Spence Smith, LSP, Jacobs
Tim Clinton, LSP, Fuss & O'Neill

 

Are You Currently Working on a Home Heating Oil Release?

Do you have a client with a residential heating oil spill? As upsetting and difficult as that can be under "normal" circumstances, it has surely been more complicated under the current restrictions.

The LSPA's bill S. 594, which would require insurance companies to provide first- and third-party coverage for home heating oil releases, has successfully moved out of the legislature's Joint Committee on Financial Services and is now with the Senate Ways & Means Committee. The LSPA is preparing to update key legislators on the need for this insurance; it is our understanding that the state senate is hoping to meet again next month.

Please contact our Executive Director Wendy Rundle at [email protected] if you or your client is interested in sharing information with the LSPA about a recent residential heating oil release. Our ability to provide actual examples, even anonymously, has proven to be most persuasive with legislators.


Home Heating Oil Insurance Bill Receives Favorable Report from Legislature

In early February 2020, the LSPA-sponsored Senate Bill 594 received a favorable report from the MA Legislature's Joint Committee on Financial Services. The bill was sent to the Senate Clerk shortly thereafter where it is likely to be referred to the Senate Ways and Means Committee. Many thanks to Committee Chairs Senator James Welch (D-Hampden) and Representative James Murphy (D-Weymouth) for their support.

The bill's progress has been supported by the LSPA's Legislative Committee and the special efforts of LSPA members Attorney Susan Crane and LSP Kevin Beaulieu. They, along with two homeowners and LSPA Executive Director Wendy Rundle, testified at the bill's hearing in September 2019. 

It is the aim of the LSPA in developing S. 594 to correct the significant omission in the current law so that it accomplishes the objectives for which it was designed, which is to mandate that insurance coverage be provided for all Massachusetts households that use fuel oil. Read the LSPA's written testimony here.

Above: S. Crane, K. Beaulieu, W. Rundle after testifying in support of S 594.

Should Insurance Protect Homeowners From Financially Devastating Heating Oil Spills?

Many thanks to Ryan Kath of NBCBoston for another installment, which aired last night, on LSPA efforts to require insurers to cover the costs of remediating home heating oil spills and leaks.

The LSPA Legislative Committee is appreciative of Senator Anne Gobi's sponsorship of S. 594

NBC10 Boston Segment, "Home Heating Oil Spill Nightmares"

Thank you to Ryan Kath and the team at NBC10 Boston for this piece illustrating the serious challenges of home heating oil releases, especially for those who are uninsured. We expect two more parts to this series, with the final part focusing on legislation that would require insurance companies to provide specialized liquid fuel release insurance riders.  
 

While we can't comment on the specifics of this Blackstone property, we can say that Licensed Site Professionals (LSPs), attorneys, the Massachusetts Department of Environmental Protection (MassDEP), and the LSP Association (LSPA) hear regularly from homeowners who are overwhelmed and desperate about how they will afford to clean up home heating oil releases on their properties to meet the requirements of the State’s environmental regulations. Home heating oil spills are emotional and difficult for all involved.  

Many homeowners do not have the financial means to pay for costly cleanups, and MassDEP does not have the public funds to do this itself. The backing of homeowners' insurance companies is critical to make cleanups financially viable. The LSPA is working with state legislators to mandate that insurance companies provide coverage to homeowners using oil heat - just like they do for homeowners using electric, gas, and other energy sources, and just as most homeowners would expect when purchasing insurance.  

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Looking for Legislative Co-Sponsors: How You Can Help

The LSP Association (LSPA) is working with Senator Anne M. Gobi (D-Spencer) in this new legislative session to pass a bill that would require insurance companies to provide coverage for residential heating oil spills. Senator Gobi, Chair of the Joint Committee on Environment, Natural Resources, and Agriculture, is the primary sponsor of the bill (Senate Docket No.975), which is the same language as her 2017 bill.  
 
The more sponsors of the bill - the better. We are asking you, LSPA members and friends, to write to your State Senator to urge her or him to sign on as a bill co-sponsor. This is the week to get it done.
 
A simple email to your Senator is all it takes. Enter your home address here to find your Senator. An email might read:
 
Dear Senator (name):
 
As a resident of (your address) and your constituent, I am writing to respectfully ask you to join on as a co-sponsor to Senator Anne M. Gobi's bill, Senate Docket No. 975. This bill would make it mandatory for insurance companies to provide coverage for residential heating oil spills. This bill would provide important consumer and environmental protection in the unfortunate event of a home heating oil leak or spill.
 
There are over 100 such incidents in the state annually and cleanup costs can range from $20,000 to $50,000 for simple spills, to more than $300,000 for complex spills that impact both soil and groundwater.*
 
Only about 5% of all homes statewide that use oil heat have the specialized "liquid fuel release" insurance rider that would protect them. And most homeowners don't know that they are not protected under most existing homeowners policies unless they specifically opt in for this coverage by purchasing a rider for a fairly low additional premium.*
 
(If you have first-hand experience assisting with residential spill remediation or know someone who has experienced a spill, it's good to share that).
 
I encourage you to consider co-sponsoring Senate Docket No. 975.
 
Thank you, (your name and address)
 
For more information about the LSPA's bill, please read more here.
Thank you,

LSPA Legislative Committee Chairs
 
 
Kevin Beaulieu, LSP, Common Sense Environmental
Spence Smith, LSP, Jacobs


21J Fund Action Alert - Contact your State Representative to support funding

Ask Your State Representative to Fund the 21J/UST Program by Supporting Section 17 of the "Outside Section" of the State Budget   
 
The Massachusetts House of Representatives is expected to release its version of the FY 19 state budget on Wednesday, April 11 with debate in the House beginning on April 23, 2018. The LSPA Legislation Committee has been tasked with proactively monitoring proposed budgets and legislation for issues of interest to our membership.
 
One item of particular interest in this proposed budget, under Section 17 of the "Outside Section", is the re-establishment of a dedicated UST Fund. To fund it, the first $30 million of the UST Delivery Fee deposits each fiscal year would be deposited into this account to pay for reimbursement claims.  Currently, all of the UST Delivery Fees (approx. $78 million per year) are deposited into the Commonwealth Transportation Fund (CTF). Under the proposed language, at the end of the fiscal year, whatever funds are not used for the 21J Fund would revert to the CTF. Then beginning on July 1st of the subsequent fiscal year, up to $30 million in fees would again go into the UST Fund, and so on.
 
It is the opinion of the LSPA that re-establishing the UST Fund is a huge step forward in ensuring a reliable source of funding and sustainability for the program. As you may already know, the budget language is widely supported by industry groups, specifically the New England Convenience Store and Energy Marketers Association (NECSEMA) and New England Service Station and Auto Repair Association (NESSARA).
 
WHAT CAN YOU DO?
 
At this point in the budget debate, we hope to inform and gain the support of State Representatives during the budgeting process regarding the environmental, public health, and economic importance of the 21J/UST Program -which is often overlooked and sometimes misunderstood. It is our hope that the proposed Section 17 language will carry over into the final state budget.
 
The LSPA encourages people to email or call their State Representatives and urge them to support Section 17 of the budget "Outside Section". At this point, any calls or emails should be directed to State Representatives, not State Senators, because their budget process occurs before the State Senate's. The time is now.
 
Find your State Representative hereSuggested email language is here
 
Thank you in advance for taking action. We can make an impact!
 
Co-Chairs of the LSPA Legislative Committee:
 
Kevin Beaulieu, LSPCommonsense Environmental 
 
Spence Smith, LSP, CH2M Jacobs 

Update: LSPA Fight Continues for Homeowner Oil Spill Relief

Over the past several months the LSP Association (LSPA) has been active at the Massachusetts State House in support of S.534 - An Act relative to the remediation of home heating oil releases. Currently, only 5% of homes in Massachusetts using oil heat have insurance coverage! This bill, sponsored by Senator Anne Gobi and proposed by the LSPA, would make insurance coverage for home heating oil releases mandatory, giving homeowners much needed relief if they should face the often intimidating financial challenges of remediating a spill.    

In February 2018, the Joint Committee on Financial Services voted to report our bill favorably, with no changes. The bill was referred to the Senate Committee on Ways and Means where it is currently under review. Senator Karen E. Spilka (D-Middlesex/Norfolk) is the Chair of the Senate committee, and a list of committee members is here.

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