SENATE DOCKET, NO. 2433        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1651

The Commonwealth of Massachusetts

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PRESENTED BY:

Walter F. Timilty

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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 relative to hazardous material teams.

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PETITION OF:

SENATE DOCKET, NO. 2433        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1651

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 relative to hazardous material teams.

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 4 of Chapter 21K of the General Laws, as appearing in the 2018 Official Edition is hereby amended by deleting the first paragraph of Section 4 replacing it with the following:-

Section 4. The department may, at the request of the local fire department or on its own authority, dispatch member departments of the hazardous materials mitigation emergency response plan to a site in the commonwealth or in any other state as directed or requested for the purpose of conducting an emergency mitigation response for a hazardous material release, threat of release or to ensure the health and welfare of public safety officials or the general public from potentially hazardous substances. The department may, on its own authority,  dispatch member departments of the hazardous materials mitigation emergency response plan to a site in the commonwealth to perform duties within its abilities to assist during other emergencies or potential emergencies, or assist another agency. During a declared emergency mitigation response action, the team leader shall have complete operational authority for hazardous materials team operations at all times. Once the team leader has determined that the imminent threat of harm from the hazardous materials release or potentially hazardous substance has been satisfactorily mitigated, the team leader shall thereafter notify the incident commander. The incident commander shall have authority over the emergency mitigation response site during a declared emergency mitigation response.

SECTION 2. Section 5 of Chapter 21K of the General Laws, as appearing in the 2018 Official Edition is hereby amended by deleting paragraph (a) and replacing it with the following:-

(a) Except as otherwise provided in this section: (1) the owner or operator of a vessel or a site from which there is or has been a release or threat of release of hazardous materials; (2) any person who at the time of storage or disposal owned or operated any vessel or site from which said hazardous materials were stored or disposed and from which there has been a release or threat of release; (3) any person who by contract, agreement or otherwise directly or indirectly arranged for or engaged in the transport, disposal, storage or treatment of hazardous materials in a site or from a vessel from which there is or has been a release or threat of release of hazardous materials; or (4) any person who otherwise caused or is legally responsible for a release, threat of release of hazardous materials from a vessel or a site, or is responsible for the manufacturing, transporting or in possession of hazardous materials which may be detrimental to the health and welfare of public safety officials or the general public shall be liable, without regard to fault, to the commonwealth for the reimbursement of all associated costs, as determined by the department, for an emergency mitigation response action.

SECTION 3. Section 5 of Chapter 21K of the General Laws, as appearing in the 2018 Official Edition is hereby amended by deleting paragraph (m) and replacing it with the following:-

(m) The commonwealth shall, subject to appropriation, reimburse a municipality for costs incurred for the emergency mitigation response of its members of a hazardous materials mitigation emergency response team and shall pay an annual stipend of $5,000 or any higher amount as authorized and appropriated to each member of that team.