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S 562

Prohibiting the taking of non-native big game mammals in a fenced or other area from which there is no means for such mammal to escape

2025 Regular Session Introduced by Brad Hoylman-Sigal and 3 co-sponsors

Expands authority for department personnel to enter premises without a warrant for investigations to prevent environmental harm, with warrant optional upon demand.

REFERRED TO ENVIRONMENTAL CONSERVATION
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Bill Summary · S 562

Summary — S 562: "An Act relative to right of entry to prevent environmental violations"

Note on materials provided
- The document package includes several unrelated headings (a federal-sounding "Rio San José and Rio Jemez Water Settlements Act of 2025" and a bill title about non‑native big game mammals). The operative bill text supplied and the bill caption presented to the Massachusetts General Court is “An Act relative to right of entry to prevent environmental violations.” This summary focuses on that Massachusetts bill text.

Main purpose

To expand and clarify the authority of Department personnel and authorized agents to enter public or private premises to investigate, sample, inspect, or take actions to protect public health, safety, or the environment in connection with matters governed by Section 150A of Chapter 111 of the Massachusetts General Laws.

Key provisions

  • Amends Section 150A of Chapter 111 (as in the 2020 Official Edition) by inserting new sentences in the twenty‑first paragraph.
  • Grants personnel or authorized agents of the department the authority to enter any premises, public or private:
    • At all reasonable times to investigate, sample, or inspect records, conditions, equipment, practices, or property related to activities subject to Section 150A.
    • At any time (i.e., without time restriction) when necessary to protect public health or safety or to prevent environmental damage.
  • Establishes that no warrant is required for such entries in the ordinary course; however, if the owner or person in control of the premises demands a warrant, the department must seek a warrant.
  • Allows any court, judge, or justice authorized to issue criminal warrants to issue the warrant authorizing such entry and inspection.

(Plainly: routine inspections may occur without a warrant, but upon demand the department will obtain a warrant; emergency entries to avert immediate harm are also authorized.)

Who is affected

  • Property owners and persons in control of private or public premises subject to Section 150A activities (regulated facilities, businesses, landowners).
  • Department personnel and authorized agents charged with enforcement and environmental/public health oversight.
  • Potentially communities and the environment through improved enforcement capacity.

Procedural status & timeline (from provided actions)

  • Introduced: February 13, 2025.
  • Referred to Committees: Environment and Natural Resources; noted as REFERRED TO ENVIRONMENTAL CONSERVATION in some records.
  • Committee activity: Referred Feb 27, 2025; hearing scheduled for July 1, 2025 (01:00–05:00 PM in A‑1); Committee on Indian Affairs reported favorably without amendment (March 5, 2025).
  • Additional entries reference related or companion measures and prior-session bills.

Potential impacts and considerations

  • Enforcement: strengthens the department’s ability to conduct timely inspections and take preventive action to avert environmental harm.
  • Property rights and due process: the provision removes the baseline requirement for a prior warrant for inspections but preserves the right of owners to demand a warrant; this balance may raise legal and policy discussion about scope and safeguards for intrusion.
  • Practical effect: may speed up response to imminent environmental threats while preserving judicial oversight if requested by property owners.

Sponsors and related measures (as supplied)
- Sponsors listed: Martin T. Heinrich (primary), José M. Serrano (cosponsor), Brad Hoylman‑Sigal (cosponsor), Liz Krueger (primary), John Liu (cosponsor).
- Related/companion bills: HR 1322, A 859, SD 885, and several prior-session S bills listed in the supplied materials.

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

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