HOUSE DOCKET, NO. 1767        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3494

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael S. Day, (BY REQUEST)

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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 for environmental, and water testing requirements, and funding thereof.

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PETITION OF:

HOUSE DOCKET, NO. 1767        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3494

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act for environmental, and water testing requirements, and funding thereof.

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. The Massachusetts General Laws are hereby amended by inserting the

following new chapter:

An Act for environmental, and water testing requirements, and funding thereof.

1.) It being important for the public health, and safety, various environmental, and water

testing requirements, have been developed, by statute, regulatory actions, and various

circumstances. Challenged public revenues, and circumstances, from time to time, mean that

testing is delayed, even when it is having effect on individuals, businesses, or organizations. It is

in the interests of such circumstances, to encourage, and further enable, needed actions, and that

is the purpose of this legislation.

2.) All environmental, and water testing required by law, shall be enforced, and

enforceable; by appropriate funding, from public budgets, appropriate private compensations,

and when needed, by appropriate court order.

3.) Since such testing is vital, if funding from public sources, does not appear to be fully

sufficient to provide for such testing, as is legal, and necessary, other resources, may be

expended, as described in this statute.

4.) Such testing may have alternative financing, for testing, by one or more of several

mechanisms:

Voluntary contributions, and/or agreed-upon funding, transferred from one or more

individual persons, property owners, organizations, and/or others, may be accessed, specifically

to meet the need for, and to conduct legally defined, and/or needed testings.

Reasonable required testing, shall be reimbursable by a Tax Donation Credit (TDC);

which shall be certifiable, in a document that states the nature of required testings, being

performed according to legal standards, and/or needed circumstance. This Credit, would be

useable on legally filed tax returns, only by the individual, and/or organization, bearing the cost

of needed testing, which would otherwise be performed, by public budget expenditure.

5.) Such testing, if advanced in schedule, by the means of this legislation, can be authorized by

the appropriate jurisdictional authorities; if there is unreasonable delay, a person with standing,

in relation to the particular site, may seek an appropriate court order, to obtain such reasonable

testing, when it is in sufficient public interest.