WeVote
Log In

Bill

Bill

H 1045

An Act relative to liability for release of hazardous materials

194th Legislature (2025-2026) Introduced by Ed Kennedy and 1 co-sponsor

Immunity for eligible site owners/operators after DEP audit confirms permanent cleanup, shielding them from liability for releases at unidentified properties.

Accompanied a study order, see H5307
0
WeVote Research Nonpartisan
Bill Summary · H 1045

Summary: H.1045 An Act relative to liability for release of hazardous materials (Massachusetts)

Overview

H.1045, introduced February 27, 2025, seeks to limit liability for certain releases of hazardous materials by creating immunity for eligible persons after DEP audits and confirmation of a permanent cleanup status. The bill would add a new subsection to the environmental cleanup framework (Chapter 21E) and restrict DEP’s ability to regulate this subsection. A hearing is scheduled for June 17, 2025, in Room A-1.

Purpose and intent

  • To provide a shield from liability for eligible persons (owners/operators) who have achieved and maintain a permanent solution or remedy status for a site, or parts of a site, under the waste site cleanup framework.
  • To limit DEP action and potential liability for releases that are not part of the originally identified site, provided prior DEP audits find no violations or violations are promptly corrected.
  • To place eligibility and enforceability within the statutory framework, while limiting the DEP’s regulatory authority around this subsection.

Key provisions

Section 1 – Conclusive evidence of no liability after DEP audit

  • Adds subsection (l) to Section 5C of Chapter 21E.
  • If a DEP audit of response actions at a site (or portion) owned/operated by an eligible person identifies no violations, or identifies violations that are promptly corrected, such audit shall be conclusive evidence that the eligible person has no liability.
  • DEP may take no action against the eligible person for releases at any property not previously identified as part of the site or any other disposal site.
  • DEP is prohibited from promulgating regulations relative to this subsection.

Section 2 – Immunity for substantial releases on unidentified properties

  • Provides that, notwithstanding other laws, no person shall be liable for any substantial release migration at properties not previously identified as disposal sites if:
    • DEP performed an audit of response actions at the site (or part of the site) before the act’s effective date, and
    • DEP determined that a permanent solution/remedy status was achieved and maintained or notified the person that a violation was identified and promptly corrected.
  • DEP shall have no defense in any action/claim, nor may DEP offer evidence to contest liability of an eligible person, if there is a showing that permanent solution/remedy status was achieved and maintained.

Affected parties and entities

  • Eligible persons (as delineated in a waste site cleanup activity opinion), including current or former site owners/operators with recognized cleanup statuses under Chapter 21E.
  • The Massachusetts Department of Environmental Protection (DEP), particularly in relation to audits, determinations of permanent solution/remedy status, and related defenses.
  • Potentially affected parties in disputes over releases at properties not originally identified in the disposal site.

Procedural and timeline aspects

  • Introduced: February 27, 2025.
  • Referred to: House Committee on Environment and Natural Resources (02/27/2025).
  • Senate concurrence noted in actions, with House docket referenced as HD 3367 (replacing).
  • Hearing: Scheduled for June 17, 2025, from 1:00 PM to 5:00 PM in Room A-1.
  • The bill would establish a statutory framework that could limit future DEP liability actions for certain releases, subject to pre-existing audits and cleanup statuses.

Related information

  • Related bill reference: HD 3367 (replaces).
  • This measure sits within the broader context of Massachusetts environmental cleanup law (Chapter 21E) and its enforcement/administrative processes.

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

Sign in to ask a question.