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HD 2281

An Act relative to data collection on below threshold wells

194th Legislature (2025-2026) Introduced by Kristin Kassner

Requires towns to report below-threshold wells (up to 20,000 gpd) to DEP; DEP uses the data for basin-scale water-use estimates and drought-conservation planning.

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Bill Summary · HD 2281

Summary of House Bill HD 2281 – An Act relative to data collection on below threshold wells

Overview

HD 2281 is a proposed Massachusetts bill introduced in the 2025-2026 General Court session. The bill would create a data collection and drought-management framework focused on wells that withdraw less than a specified threshold. It requires local permitting authorities to report information about below-threshold wells to the Department of Environmental Protection (DEP), authorizes DEP to incorporate these withdrawals into basin-level water-use estimates, and obligates local authorities to implement drought-related conservation measures for these wells. A key technical change sets a specific withdrawal threshold of 20,000 gallons per day (gpd) for applying certain provisions of the act.

Purpose and intent

  • Improve visibility into the use of small wells (below threshold) across municipalities.
  • Ensure small-well withdrawals are included in regional water-withdrawal planning and permitting decisions.
  • Strengthen drought response by requiring conservation measures for these wells in affected areas.
  • Standardize the withdrawal threshold used for the act’s provisions (20,000 gpd).

Key provisions

1) Reporting by local permitting authorities (Section 1)
- Local boards of health or other local permitting bodies must annually report to DEP by December 31.
- Reports must cover below-threshold wells permitted within their jurisdiction.
- Required data elements include: location/address, primary use (residential, irrigation, farming, etc.), and year of permit issuance.

2) DEP use of data for basin-scale estimates (Section 2)
- DEP shall use the collected data to estimate withdrawals from below-threshold wells at a sub-basin scale.
- These estimated withdrawals must be incorporated into basin-wide water-withdrawal estimates and considered when DEP issues water withdrawal permits.

3) Local drought conservation measures (Section 3)
- Local boards/authorities must implement water-conservation measures for below-threshold wells during drought.
- Measures must align with the municipality’s drought conditions and restrictions or with identified flow-depleted basins.

4) Threshold adjustment (Section 4)
- Amends Chapter 21G to set the withdrawal volume threshold to twenty thousand gallons per day (20,000 gpd) for use in sections five and seven of the act.

Who is affected

  • Local boards of health and other local permitting authorities that oversee well permitting.
  • The Department of Environmental Protection (DEP), which will receive reports and use the data in planning.
  • Owners and operators of below-threshold wells (as defined by the adjusted threshold).
  • Municipalities and communities, particularly those facing drought or identified flow-depleted basins.

Timelines and status

  • Filed January 15, 2025; House Docket No. 977; introduced in the 2025-2026 session.
  • Annual reporting deadline: December 31 each year (starting after enactment).
  • No explicit effective date is provided beyond passage; as a proposed bill, it would take effect upon enactment.

Potential impact

  • More comprehensive data on small-well withdrawals enabling better groundwater management and permit decisions.
  • Enhanced drought preparedness through targeted conservation requirements for small wells.
  • Possible administrative and reporting burdens on local permitting authorities and municipalities, offset by improved basin-scale planning.

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

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