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H 4040

An Act preventing the discharge of radioactive materials

194th Legislature (2025-2026) Introduced by Michelle Badger and 3 co-sponsors

The bill imposes a 90-day moratorium and a DEP/DPH study to assess environmental and economic impacts of discharging spent fuel pool water, guiding future standards.

Accompanied a new draft, see H5148
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Bill Summary · H 4040

H.4040 — An Act preventing the discharge of radioactive materials

Overview

H.4040, introduced April 22, 2025, seeks to study and ultimately restrict the discharge of spent fuel pool water and other radioactive materials associated with nuclear decommissioning in Massachusetts. The bill directs state agencies to assess environmental and economic impacts and imposes a temporary prohibition on discharges until the agencies complete a report and implement resulting standards or legislation.

What the bill would do

  • Establish a formal study by the Department of Environmental Protection (DEP) in consultation with the Department of Public Health (DPH) on the environmental and economic impacts of discharging spent fuel pool water.
  • Extend to discharges by any means that increases evaporation, as well as liquids with elevated radioactivity (e.g., tritium, boron) produced during nuclear plant decommissioning.
  • Require analysis of effects on industries such as fishing, aquaculture, tourism, and restaurants, and incorporate land, air, and water monitoring to assess pollution levels.

Key provisions

  • (a) Study mandate: DEP, with DPH, will examine potential environmental and economic impacts of discharging spent fuel pool water, including evaporation-enhancing methods and liquids with elevated radioactivity.
  • (b) Study components:
    • (i) Environmental and economic impact analysis of discharge (including evaporation-related methods).
    • (ii) Impacts on consumer perception and related industries (fishing, aquaculture, tourism, restaurants, etc.).
    • (iii) Regular monitoring of land, air, and water for pollution levels from discharge.
    • (iv) Recommendations to mitigate or avoid negative impacts.
  • (c) Moratorium on discharge: DEP (pursuant to G.L. ch. 132A, §16K) in consultation with the Office of Coastal Zone Management shall not authorize discharge of spent fuel pool water into Commonwealth waters until 90 days after DEP/DPH issues the study report.
  • (d) Reporting obligation: DEP must deliver study results, recommendations, and any proposed standards or legislation to the Joint Committee on Public Health, the Joint Committee on Environment and Natural Resources, and the clerks of the House and Senate no later than December 31, 2026.

Timeline and actions

  • Referred to Environment and Natural Resources: April 22, 2025
  • Senate concurred: April 24, 2025
  • Hearing scheduled: June 17, 2025
  • Reporting date extension: Extended to December 31, 2025
  • Final reporting target: December 31, 2026

Affected parties and impacts

  • Nuclear power facilities with spent fuel pools and related decommissioning activities.
  • State agencies: DEP, DPH, Office of Coastal Zone Management.
  • Industries and communities: fishing, aquaculture, tourism, restaurants, and other sectors influenced by public perception and potential environmental changes.
  • Public: residents who rely on land, air, and water quality protections.

Related bill

  • HD 3803 (replaces) is listed as a related measure.

This bill focuses on precautionary study and a temporary prohibition to safeguard environmental and economic interests while evaluating appropriate regulatory standards.

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

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