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H 1040

An Act ban the use of tire-derived materials in playgrounds and playing fields in Massachusetts

194th Legislature (2025-2026) Introduced by James Arena-DeRosa and 2 co-sponsors

Massachusetts would ban tire-derived materials in all new and existing playground and playing field surfaces, with pre-existing installations exempted.

Accompanied a study order, see H5307
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Bill Summary · H 1040

Comprehensive Summary: H 1040 — An Act ban the use of tire-derived materials in playgrounds and playing fields in Massachusetts

Purpose and intent

  • The bill seeks to protect public health and the environment by prohibiting the use of tire-derived materials (TDM) in playground and playing field surfaces across Massachusetts.
  • It targets materials derived from discarded tires, addressing concerns about potential health hazards (e.g., chemical exposure) and environmental impact associated with tire crumb rubber, ground tire rubber, shredded tires, rubberized asphalt, recycled tire chips, and tire-derived aggregates.

Key provisions

Definitions (Section 1)

  • Tire-derived materials (TDM): Includes tire crumb rubber, ground tire rubber, shredded tires, rubberized asphalt, recycled tire chips, and tire-derived aggregates.
  • Playground: Any area designed for children's play (schools, parks, residential areas, childcare facilities, and early childhood education centers).
  • Playing field: Any area used for athletic activities (e.g., baseball, soccer, football, and other sports).

Prohibition on tire-derived materials (Section 2)

  • No person may install, construct, or maintain any playground or playing field surface that contains TDM.
  • Applies to both new surfaces and existing surfaces.

Exemption for pre-existing installations (Section 3)

  • The prohibition does not apply to playgrounds or playing fields that were installed prior to the act’s effective date.

Enforcement and guidance (Section 4)

  • Enforcement: Massachusetts Department of Environmental Protection (DEP) is responsible for enforcing the provisions.
  • Guidance: Department of Public Health (DPH) to provide guidance and recommendations regarding safe surfacing materials for playgrounds and playing fields.

Severability (Section 5)

  • If any provision or application is held invalid, the remainder of the act remains in effect.

Who would be affected

  • Municipalities, school districts, parks departments, childcare facilities, and private or public playgrounds and playing fields.
  • Contractors, developers, and maintenance entities involved in installing or maintaining playground/playing field surfaces.
  • State agencies: DEP (enforcement) and DPH (guidance on safe alternatives).

Procedural and timeline aspects

  • Introduced: February 27, 2025.
  • Referred to: Committee on Environment and Natural Resources (02/27/2025).
  • Docket/Version: House Docket No. 3159; House Bill No. 1040; Related to HD 3159 (replaces).
  • Hearing: Scheduled for June 17, 2025, from 1:00 PM to 5:00 PM in hearing room A-1.
  • Status note: Senate concurred on February 27, 2025 (per legislative actions listed), with ongoing committee review and potential amendments during the hearing process.

Potential impact and considerations

  • Health and safety: Reduces exposure to potential hazards associated with tire-derived materials in children’s play spaces.
  • Public procurement and construction: May necessitate switching to alternative surfacing materials (as guided by DPH) and potential cost implications for municipalities and facilities.
  • Regulatory framework: Establishes a clear enforcement role for DEP and a guidance role for DPH, creating a state-level standard for playground and playing-field surfaces.
  • Existing installations: Exemption for pre-existing surfaces means immediate changes would be limited to new or renovated projects after the act’s effective date.

Summary

H 1040 would ban the use of tire-derived materials in all new and existing playground and playing-field surfaces in Massachusetts, with exemptions for surfaces installed before the act’s effective date. Enforcement would be led by the DEP, with the DPH providing guidance on safe alternatives. The bill defines TDM comprehensively and scopes the term to playgrounds and athletic fields, affecting municipalities, schools, parks, childcare facilities, and related contractors. A hearing is scheduled for June 17, 2025, as part of the bill’s formal review process.

Compiled from official sources — confirm details with the bill’s official record.

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