HOUSE DOCKET, NO. 1952        FILED ON: 2/15/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2275

The Commonwealth of Massachusetts

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PRESENTED BY:

Michelle M. DuBois

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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 prohibiting the burning of construction and demolition waste as fuel.

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PETITION OF:

HOUSE DOCKET, NO. 1952        FILED ON: 2/15/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2275

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act prohibiting the burning of construction and demolition waste as fuel.

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. Chapter 111 of the General Laws is hereby amended by adding the following sections:-

Section 142P. Whereas construction materials are frequently treated with toxic preservatives, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol, and the burning of construction and demolition waste as biofuel needlessly risks the release of such toxic substances into the environment and communities, the burning of construction and demolition waste as a source of biofuel in energy generating facilities shall be prohibited. Notwithstanding any general or special law, rule or regulation to the contrary, no energy-generating facility, as defined by Section 69G of Chapter 164, shall be permitted to burn any manner of construction or demolition waste or any manner of material intended for use principally in construction as fuel.

As this Act concerns a matter of public health, this section shall be deemed an emergency measure and take effect immediately.

Section 142Q. By no later than 60 days after the effective date of this Act, the Secretary of Energy and Environmental Affairs shall amend any regulations or policies regarding the permitting or operation of energy-generating facilities to be in conformity with this Act. The Secretary may temporarily suspend or modify any permitting proceeding to be in conformity with this Act. The Secretary may deem such amendments, suspensions, or modifications to be emergency regulations or measures in the interest in immediate public health.