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.
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