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HD 2441

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

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

Tie Massachusetts water funding to verified safe-drinking-water compliance; require annual testing, a 90-day remediation plan, MassDEP oversight, and public reporting.

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Bill Summary · HD 2441

Summary: An Act to ensure safe drinking water for state funding eligibility in the Commonwealth of Massachusetts (HD 2441)

Overview

  • Purpose: To condition state funding and grants for municipal water infrastructure on meeting state-defined safe drinking water standards, aligning funding eligibility with verified water quality compliance.
  • Introduced: Filed January 16, 2025 in the 194th General Court (2025-2026) as House Docket No. 2441. Sponsored by Rep. John R. Gaskey (and Rep. Chris Thibeault).
  • Scope: Applies to municipalities (cities and towns) in Massachusetts seeking state funding or grants for drinking water projects.

Key Provisions

Definitions

  • Safe Drinking Water: Water that meets MassDEP standards in accordance with the federal Safe Drinking Water Act.
  • Municipality: A city or town in Massachusetts.
  • State Funding or Grants: Commonwealth financial assistance for water-related infrastructure or other aid.
  • MassDEP: Massachusetts Department of Environmental Protection.

Eligibility Requirements for State Funding or Grants

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

State Assistance for Compliance

  • Technical Support: Commonwealth provides technical and advisory help to help municipalities meet standards.
  • Upgrades Priority: Applications for water infrastructure funding are given priority if they include a plan to address identified deficiencies.
  • Emergency Exceptions: The Commonwealth may provide emergency funding to address immediate public health crises related to water quality, even if the municipality is otherwise ineligible.

Enforcement

  • MassDEP Oversight: MassDEP monitors compliance and maintains a system for ongoing reporting.
  • Penalties: Municipalities that falsify reports or fail to meet reporting requirements face penalties, including fines and temporary suspension of eligibility for state funding.

Public Reporting

  • Annual Reporting: MassDEP must publish an annual report detailing each municipality’s water quality status—compliant, under remediation, or not meeting standards.

Effective Date and Severability

  • Effective Date: January 1, 2026, providing lead time for municipalities to prepare.
  • Severability: If any provision is invalid, the remainder remains in effect.

Affected Parties

  • Primary: Municipalities seeking state funding for water infrastructure.
  • Implementing Agency: MassDEP (certification, testing oversight, remediation tracking, penalties, and public reporting).
  • Beneficiaries: Residents served by municipal water systems, who would gain from improved water quality and more robust oversight.

Potential Impact

  • Strengthens alignment between state funding and water quality outcomes.
  • Encourages proactive testing and remediation, with a structured timeline (90-day remediation window).
  • Adds transparency through annual public reporting.
  • Could influence project prioritization, favoring upgrades that address documented deficiencies.
  • Establishes penalties for noncompliance, reinforcing accountability.

If you’d like, I can add a side-by-side comparison with current Massachusetts funding criteria or draft a one-page briefing for policymakers.

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

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