Bill > H982

This bill amends Section 150A of Chapter 111 of the Massachusetts General Laws to expand the right of entry for environmental department personnel or authorized agents to investigate potential environmental violations. Specifically, the bill allows these officials to enter any premises (public or private) at reasonable times to investigate, sample, or inspect records, conditions, equipment, practices, or property related to environmental activities. The officials can also enter premises at any time to protect public health, safety, or prevent environmental damage. Importantly, the bill initially eliminates the requirement for a warrant during such entries, but adds a crucial provision that if the property owner or person in control of the premises demands a warrant, the officials must then seek one from a court, judge, or justice authorized to issue criminal warrants. This change gives environmental regulators broader investigative powers while still providing property owners with a mechanism to require judicial oversight of inspections.

Agriculture and Natural Resources

https://malegislature.gov/Bills/194/H982