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The LSPA is currently monitoring the status of these two bills that are currently in the Senate Ways and Means Committee:

  • S.470, An Act to improve notice requirements of hazardous waste release is currently in the Senate Ways and Means Committee.  The LSPA opposes this bill for two reasons:  The requirement to file notice of response actions with the registry of deeds or land court is redundant with existing regulations, and the requirement for MassDEP to file a notice of compliance is not consistent with the Commonwealth’s privatized cleanup program. Read the LSPA’s letter here. 
  • S.511, An Act relative to liability for release of hazardous materials is currently in the Senate Ways and Means Committee.  The LSPA opposes this bill.  While the LSPA supports the need to further clarify eligible party liability protections, we do not think this is best achieved through statutory changes. In addition, we are concerned with Sections 1 and 2 of the bill, which modifies the definitions of two important MCP terms, “Condition of Substantial Release Migration” and “Critical Exposure Pathways.” The proposed definition of “Condition of Substantial Release Migration” specifically precludes MassDEP from altering that definition, and the LSPA cannot support including a highly technical and scientific regulatory definition in a statute and then tying the hands of the regulatory authority with the specialized expertise to promulgate and implement its own regulations for the protection of the environment and public health, safety, and welfare. Read the LSPA’s letter here.