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H 949

An Act to ensure safe drinking water for state funding eligibility in the Commonwealth of Massachusetts

194th Legislature (2025-2026) Introduced by John Gaskey

MA towns must meet safe drinking water standards to qualify for state funding; annual testing, remediation plans for noncompliance, and MassDEP oversight with public reports.

Reporting date extended to Wednesday, December 31, 2025
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Bill Summary · H 949

Summary: H.949 — An Act to ensure safe drinking water for state funding eligibility in the Commonwealth of Massachusetts

Overview

H.949 proposes to require municipalities in Massachusetts to meet state-defined safe drinking water standards to qualify for state funding or grants. The bill ties access to financial assistance for water infrastructure and related programs to compliance with MassDEP and federal Safe Drinking Water Act standards, with provisions for testing, remediation, technical support, and public reporting. The act takes effect January 1, 2026.

  • Introduced: February 27, 2025
  • Current status: Reporting date extended to December 31, 2025
  • Referred to: Environment and Natural Resources (February 27, 2025)
  • Hearing: Scheduled (as of the latest actions) for June 3, 2025
  • House Docket: No. 2441 (House document accompanying the bill)

Purpose

To ensure municipalities meet safe drinking water standards in order to be eligible for state funding or grants, thereby protecting public health and prioritizing water quality in local governments’ planning and infrastructure investments.

Key Provisions

Definitions (Section 2)

  • Safe Drinking Water: Meets or exceeds standards set by MassDEP per federal Safe Drinking Water Act.
  • Municipality: City or town in Massachusetts.
  • State Funding or Grants: Financial assistance provided by the Commonwealth (infrastructure grants, development funding, etc.).
  • MassDEP: Massachusetts Department of Environmental Protection.

Eligibility Requirements for State Funding (Section 3)

  • Water Quality Standards: Municipalities must certify to MassDEP that their public water system complies with all applicable regulations.
  • Annual Testing: Municipalities must conduct and report annual water quality testing to MassDEP, including lead, arsenic, nitrates, PFAS, and bacterial pathogens.
  • Noncompliance Action Plan: If out of compliance, municipalities must submit a remediation plan within 90 days of notification; state funding eligibility is suspended until MassDEP certifies compliance.

State Assistance for Compliance (Section 4)

  • Technical Support: Commonwealth provides technical/advisory assistance to help municipalities meet standards.
  • Upgrades Funding Priority: Municipalities proposing water infrastructure upgrades that address identified deficiencies receive priority consideration.
  • Emergency Exceptions: Emergency funding can be allocated to address immediate public health crises related to water quality, even if the municipality would otherwise be ineligible.

Enforcement (Section 5)

  • MassDEP oversight: MassDEP monitors compliance and maintains a reporting system.
  • Penalties: Falsifying reports or failing to meet reporting requirements can result in penalties, including fines and temporary suspension of funding eligibility.

Public Reporting (Section 6)

  • MassDEP will publish an annual status report for all municipalities, listing those in compliance, under remediation, or not meeting standards.

Effective Date & Severability (Sections 7–8)

  • Effective date: January 1, 2026.
  • Severability: If any provision is invalid, others remain in effect.

Who is Affected

  • Municipal water systems (cities and towns) in Massachusetts.
  • MassDEP as the implementing/overseeing agency.
  • State agencies providing infrastructure funding and grants.

Timeline & Procedural Notes

  • Filing: January 16, 2025
  • Referred to committee: February 27, 2025
  • Reporting date extension: Extended to December 31, 2025
  • Hearing: June 3, 2025 (1:00 PM–5:00 PM, location A-1)
  • Effective date: January 1, 2026

Potential Impact

  • Incentivizes proactive water quality management at the local level.
  • May increase administrative requirements for municipalities (annual testing, certification, remediation plans).
  • Could delay access to certain state funds for municipalities not yet compliant, while offering emergency funding pathways in public health crises.
  • Enhances transparency through annual public reporting of compliance status.

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

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