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S 65

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2025-2026 Regular Session Introduced by Larry Grooms and 1 co-sponsor

Massachusetts directs a state agency to adopt post-construction healthy soil performance standards, boosting carbon storage, stormwater control, and water quality for new projects.

Referred to Committee on Education
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Bill Summary · S 65

Summary — S.65 (2025): An Act establishing healthy soil performance guidelines

Status: Referred to committee(s) — hearing scheduled 05/13/2025. Introduced: 01/09/2025.
Sponsor (filed by): Sen. Paul W. Mark.
Note: this summary is based on the bill text; some provided metadata (e.g., long list of federal senators as cosponsors) appears inconsistent with a Massachusetts state bill.

Purpose / Intent

The bill directs the Commonwealth’s relevant state department (as referenced in Chapter 128 of the Massachusetts General Laws) to create post‑construction “healthy soil” performance regulations. The objective is to set measurable soil standards to improve carbon storage, stormwater management, water quality, nutrient control, and soil physical properties after construction activities.

Key provisions

  • Inserts a new Section 125 into Chapter 128 requiring the department to promulgate regulations for post‑construction soil performance guidelines. Required topics include:
    • Soil depth and quality
    • Carbon storage capacity
    • Stormwater runoff and infiltration/compaction capacity
    • Water quality and fertilizer/nutrient input mitigation
  • Allows the department to limit the scope of regulations regionally where appropriate.
  • Requires coordination with the University of Massachusetts Amherst Extension so regulations align with its published materials and outreach.
  • Requires consistency with “healthy soils practices” as defined by Section 7A of Chapter 128.
  • Establishes a civil fine schedule for violations:
    • Up to $250 for a first offense
    • Up to $500 for a second offense
    • Up to $1,000 for a third or subsequent offense
  • Creates an appeal process: notices of appeal to the Division of Administrative Law Appeals within 10 days; hearings under Chapter 30A; decisions may be appealed to Superior Court per Chapter 30A procedures.

Definitions added / amended

  • Replaces prior definition of “Lawn” in Section 64 with new defined terms:
    • “Functional turf” — turf on private or recreational spaces regularly used for civic/community/recreational purposes (e.g., residential lawns, playgrounds, sports fields, parks, golf courses).
    • “Utility turf” — turf established mainly for ecological or practical functions (e.g., erosion control, carbon sequestration, heat island mitigation, vegetative buffers).
    • “Turf” — natural living ground cover (dense canopy and interconnected root network) typically grasses (Poaceae) or other plants serving a similar purpose.

Who would be affected

  • Developers, contractors and site designers working on post‑construction landscapes
  • Municipalities, park and recreation departments, schools, golf courses, cemeteries, and other turf managers
  • Landowners and property managers with newly constructed or renovated areas
  • State department responsible for Chapter 128 rules, and UMass Amherst Extension (in advisory/coordination role)

Procedural / timeline notes

  • Introduced 01/09/2025; referred to various committees per docket (Judiciary / Agriculture / Higher Education entries appear in the record).
  • A public hearing was scheduled for 05/13/2025 (per legislative actions).
  • Adoption requires the department to draft, propose, and finalize regulations under the state administrative rulemaking process.

Potential impacts and considerations

  • Could improve post‑construction environmental outcomes (reduced runoff, improved infiltration, nutrient reduction, increased soil carbon).
  • May increase design/specification requirements and compliance costs for construction and landscaping projects.
  • Small civil fines provide enforcement but are relatively modest; the appeal process affords procedural protections.
  • Regional flexibility and linkage to UMass Extension guidance aim to ground rules in local conditions and best practices.

If you want, I can extract the exact statutory language proposed for insertion, summarize likely compliance steps for developers, or draft a one‑page factsheet for municipal planners.

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

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