SENATE DOCKET, NO. 1954        FILED ON: 1/15/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 829

The Commonwealth of Massachusetts

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PRESENTED BY:

Thomas P. Kennedy

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to clarify the site assignment process..

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PETITION OF:

SENATE DOCKET, NO. 1954        FILED ON: 1/15/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 829

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act to clarify the site assignment process..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 111 of the General Laws, as appearing in the 2004 Official Edition is hereby amended by inserting, after section 143, the following new section:-

Section 143A. No assignment shall be required pursuant to the first paragraph of this section for parades, public gathering, or sporting events which do not involve motorized racing, where such parade, public gathering, or sporting event which does not involve motorized racing would not require an assignment but for the sound resulting from the conduct of the parade, public gathering, or sporting event which does not involve motorized racing, as long as all otherwise necessary local permits have been  issued for such parade, public gathering, or sporting event which does not involve motorized racing.

Notwithstanding any other provision of the General Laws, sound emitted from parades, public gatherings, or sporting events which do not involve motorized racing shall not be considered a nuisance or a condition of air pollution.

This amendment definitively defines the term “sporting event” in Massachusetts Department of Environmental Protection regulation 310 CMR 7.1 (3) (a) as a sporting event which does not include motorized racing.

Seekonk Speedway opened on May 30, 1946 predating the DEP Noise regulations and is therefore exempt from this regulation.

This act shall not prohibit a city or town from adopting by-laws or ordinances relative to noise or air pollution nor regulating competitive motorized racing events in such a city or town.