SENATE DOCKET, NO. 266        FILED ON: 1/19/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 328

The Commonwealth of Massachusetts

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PRESENTED BY:

Stephen M. Brewer

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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 protect public water supply lands.

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PETITION OF:

SENATE DOCKET, NO. 266        FILED ON: 1/19/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 328

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2552 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act to protect public water supply lands.

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

SECTION 1.  Section 39G of chapter 40 of the General Laws is hereby amended by striking out the words "three hundred dollars or by imprisonment for not more than one year, or both", in lines 8-9, inclusive, as appearing in the 2008 Official Edition, and inserting in place thereof the following words:- $5,000 or by imprisonment in state prison for not more than 5 years or in the house of correction for not more than 2? years, or by both such fine and imprisonment.

SECTION 2.  Chapter 92A1/2 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out section 9 and inserting in place thereof the following section:-

Section 9. A person who without lawful authority takes or diverts water from a water supply within the watershed system of the division, or who corrupts or defiles the water supply, or a source of the water supply, or who injures, destroys or interferes with property held or used by the authority for the purpose of constructing, operating or maintaining the watershed system, or who violates or refuses to comply with a rule, regulation or order of the department shall be punished by a criminal fine of not more than $50,000 or by imprisonment in state prison for not more than 5 years or in the house of correction for not more than 2? years, or by both such fine and imprisonment. In cases of continuing violation, the maximum fine shall be $10,000 day for each day the violation occurs or continues. Notwithstanding any limitation on criminal penalties set forth in the preceding sentence, a person convicted of the wanton or malicious destruction of or injury to property used in the construction, operation or maintenance of the watershed system shall also be liable in tort to the department for triple the amount of damages thereby caused. The fine or tort judgment shall be payable to the treasury of the commonwealth.

SECTION 3.  Section 170 of chapter 111 of the General Laws is hereby amended by striking out the words "imprisonment for not more than two years, or", in lines 6-7, inclusive, as appearing in the 2008 Official Edition, and inserting in place thereof the following words:-imprisonment in state prison for not more than 5 years or in the house of correction for not more than 2? years, or by.

SECTION 4.  Chapter 266 of the General Laws is hereby amended by inserting after section 123, as appearing in the 2008 Official Edition, the following section:-

Section 123A. (a) Whoever willfully trespasses upon any public source of water or public water supply facilities or land, after having been forbidden to do so by a person who has lawful control of the water, facilities or land, or an agent thereof, whether directly or by notice posted thereon, with the intent to corrupt, pollute or defile such public source of water, shall be punished by a fine of not less than $1,000 nor more than $5,000 or by imprisonment in the house of correction for not more than 2? years or in state prison for not more than 5 years, or by both such fine and imprisonment. Whoever is convicted of a second or subsequent violation of this section shall be punished by a fine of not less than $1,000 nor more than $10,000 or by imprisonment in state prison for not less than 5 years nor more than 10 years, or by both such fine and imprisonment.

(b) Whoever willfully trespasses upon any public source of water or public water supply facilities or land, after having been forbidden to do so by a person who has lawful control of the water, facilities or land, or an agent thereof, whether directly or by notice posted thereon, shall be punished by a fine of not less than $250 nor more than $1,000.  

(c) In addition to the punishments outlined in sections (a)-(b), inclusive, and not in lieu thereof, restitution in the amount of costs associated with water quality analysis and any subsequent investigation to determine water safety and security of the facilities or land may be ordered by a court, after a hearing relative to such restitution.

(d) A law enforcement officer may arrest without a warrant any person that the officer has probable cause to believe has violated this section.