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HOUSE DOCKET, NO. 2380        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 788


The Commonwealth of Massachusetts



Denise Provost and Peter V. Kocot


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 to protect our drinking water from hydraulic fracturing.






Denise Provost

27th Middlesex

Peter V. Kocot

1st Hampshire

John W. Scibak

2nd Hampshire

Denise Andrews

2nd Franklin

David M. Rogers

24th Middlesex

Gailanne M. Cariddi

1st Berkshire

Frank I. Smizik

15th Norfolk

Tricia Farley-Bouvier

3rd Berkshire

Cory Atkins

14th Middlesex

Lori A. Ehrlich

8th Essex

Timothy J. Toomey, Jr.

26th Middlesex

Marjorie C. Decker

25th Middlesex

Ellen Story

3rd Hampshire

Kay Khan

11th Middlesex

HOUSE DOCKET, NO. 2380        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 788

By Representatives Provost of Somerville and Kocot of Northampton, a petition (accompanied by bill, House, No. 788) of Denise Provost and others for legislation to protect drinking water from hydraulic fracturing.  Environment, Natural Resources and Agriculture. 


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act to protect our drinking water from hydraulic fracturing.


              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

              Chapter 21 of the General Laws, 2008 edition, is hereby amended:

              SECTION 1) § 26A. Definitions

              The following definitions are added:

              after line 27:

              “Fluid,” any material or substance which flows or moves whether in semi-solid, liquid, sludge, gas, or any other form or state.

              “Gas,” all natural gas, whether hydrocarbon or nonhydrocarbon, including hydrogen sulfide, helium, carbon dioxide, nitrogen, hydrogen, casinghead gas, and all other fluid hydrocarbons not defined as oil.

              “Hydraulic fracturing,” the process of pumping a fluid into or under the surface of the ground in order to create fractures in rock for the purpose of the production or recovery of oil or gas.

              “Oil,” crude petroleum, oil, and all hydrocarbons, regardless of specific gravity, that are in the liquid phase in the reservoir and are produced at the wellhead in liquid form.

              “Oil and gas,” both oil and gas, or either oil or gas, as the context may require to give effect to the purposes of this chapter.

              in line 36 of the definition of “pollutant,” after the phrase, “heated effluent,” add the phrase, “hydraulic fracturing fluid,”

              SECTION 2) in § 27 add, after line 83, a new subsection:

              (14) enforce prohibitions on drilling, waste treatment and disposal, and mining activities which have been enacted to protect the water quality and the natural resources of the commonwealth

              SECTION 3) adds a new section 39A:

              Hydraulic Fracturing for Oil or Gas Recovery: Prohibition

              (a) No person may engage in hydraulic fracturing in the commonwealth.

              (b) No person may collect, store, treat, or dispose of wastewater hydraulic fracturing fluid, wastewater solids, sludge, drill

              cuttings or other byproducts  from hydraulic fracturing within the commonwealth.

              SECTION 4) Section 42 is amended by adding, in line 3, after the phrase “the commonwealth,”

              “or into an injection well or into a treatment works in the commonwealth.”

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