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.
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.
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 releases. The 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.
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.
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.
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
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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.
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.
Thank you in advance for taking action. We can make an impact!
Co-Chairs of the LSPA Legislative Committee:
Kevin Beaulieu, LSP, Commonsense Environmental
Spence Smith, LSP, CH2M Jacobs
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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.