Bill

Bill > H719


MA H719

MA H719
Permitting review of financial assurance mechanisms


summary

Introduced
03/10/2015
In Committee
04/07/2016
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to permit reviews by the Department of Environmental Protection of the financial assurance mechanisms concerning former landfill sites subject to post-closure requirements. Environment, Natural Resources and Agriculture.

AI Summary

This bill allows the Department of Environmental Protection (DEP), referred to as "the department," to review financial assurance mechanisms for former landfill sites that are still subject to post-closure requirements, meaning ongoing monitoring and maintenance after a landfill has stopped accepting waste. These reviews, which can lead to adjustments in the required financial assurance (like bonds or insurance that guarantee funds for cleanup and monitoring), will only happen at the request of the site owner, their successors, or assigns, and will occur every 10 years of compliance with DEP protocols. The DEP will be responsible for proving why the financial assurance is still needed and will decide whether to reduce, increase, terminate, or keep the existing financial assurance based on environmental safety, historical data, and the site's compliance history, providing specific data to support their decision. Furthermore, entities that are in compliance with all post-closure requirements and are still operating a commercial business at the site will receive an automatic 20% reduction in their financial assurance after each review, with a maximum cumulative reduction of 80% of the original amount. Owners who have maintained their entity for over 10 years at the time the bill passes can get an immediate review, while those who haven't will be eligible for review 10 years after the bill's passage, and the DEP has 180 days to create rules for these reviews.

Committee Categories

Agriculture and Natural Resources, Budget and Finance

Sponsors (3)

Last Action

Bill reported favorably by committee and referred to the committee on House Ways and Means (on 04/07/2016)

bill text


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bill summary

Document Type Source Location Created
State Bill Page https://malegislature.gov/Bills/189/House/H719 11/24/2016
State Bill Page https://malegislature.gov/Bills/189/H719 03/11/2015
Bill https://malegislature.gov/Bills/189/H719.pdf 03/11/2015
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