HOUSE DOCKET, NO. 2540        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2157

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Michelle M. DuBois

_________________

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.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Michelle M. DuBois

10th Plymouth

1/19/2023


HOUSE DOCKET, NO. 2540        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2157

By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 2157) of Michelle M. DuBois relative to the burning of construction and demolition waste as biofuel and further regulating the permitting or operation of energy-generating facilities.  Public Health.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2275 OF 2021-2022.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

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

 

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect the public health, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.
 

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, as appearing in the 2020 Official Edition, 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.

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.