Amendment #23 to H4377

Prohibition on carcinogenic biomass fuel being used for electricity production

Mr. Kocot of Northampton moves to amend the bill by adding the following section:

"SECTION XXX.

SECTION 1. Section 159 of chapter 111 of the General Laws is hereby amended by adding at the end thereof the following: -"The department shall prohibit the transport to and combustion of contaminated construction debris or any other combustible materials treated with or containing compounds including, but not limited to, arsenic, lead, cadmium, asbestos or any other substance determined to be a carcinogen by the Environmental Protection Agency,for use as fuel in biomass facilities that produce electricity for sale to the regional power grid."

SECTION 2. The department of public health shall conduct a public health impact analysis of each proposed biomass-fueled electricity generating facility in the Commonwealth, rated to consume more than one ton of combustible material per hour, including, but not limited to, an analysis of the impact of said facility on cancer and asthma rates within a twenty mile distance from each proposed facility. Said impact reports shall be completed and copies provided to the House and Senate clerks 120 days prior to the final action of the MEPA unit of the Executive Office of Energy and Environmental Affairs on the Environmental Impact Report related to the application of any proposed biomass combustion facility rated to consume more than one ton of combustible material per hour.

SECTION 3. The MEPA unit of the Executive Office of Environmental Affairs shall require that the proponents or applicants for state approval of operation for each proposed biomass-fueled electricity producing facility rated to consume more than one ton of combustible material per hour, complete a full Environmental Impact Report, pursuant to the laws and regulations of said agency, and satisfy the conditions determined by said agency prior to approval of any permits for operation of said facility.