reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 6 - Experts and Assistants; Appointment; Qualifications; Classified Employees; Tenure

Section 6. Subject to appropriation, the secretary, with the approval of the governor, may appoint such experts and other assistants as he shall deem necessary to perform the functions of his office, provided that the provisions of chapter thirty-one and section nine A of chapter thirty shall not apply to any person holding any such appointment. Every person so appointed to any position in his office shall have experience and skill in the field of such position. So far as practicable in the judgment of the secretary, appointments to such positions in his office shall be made by promoting employees of the commonwealth serving in positions which are classified under chapter thirty-one, and such appointments shall at all times reflect the professional needs of the department or division affected. If an employee serving in a position which is classified under chapter thirty-one or in which he has tenure by reason of section nine A of chapter thirty shall be appointed to a position within his office which is not subject to the provisions of chapter thirty-one, he shall upon termination of his service in such unclassified position be restored to the position which he held immediately prior to such appointment; provided, however, that his service in such unclassified position shall be determined by the civil service commission in accordance with the standards applied by said commission in administering chapter thirty-one. Such restoration shall be made without impairment of his civil service status or tenure under section nine A of chapter thirty and without loss of seniority, retirement, or other rights to which uninterrupted service in such prior position would have entitled him. During the period of such appointment, each person so appointed from a position in the classified civil service shall be eligible to take any competitive promotional examination for which he would otherwise have been eligible.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 7 - Departments; Commissioners, Appointment, Removal, Qualifications, Functions, Salary

Section 7. In the executive office shall be an office of the secretary, a department of environmental protection, a department of conservation and recreation, a department of agricultural resources, a department of fish and game, a department of public utilities, and a department of energy resources. Each department shall be headed by a commissioner. Each commissioner shall be appointed and may be removed by the secretary, with the approval of the governor. Each commissioner shall be a person of skill and experience in the field of his appointment. The commissioner of each department may adopt reasonable regulations to allow those employees within his department to testify in civil proceedings so as to further the performance of the department's business. The commissioner of each department shall appoint all necessary employees within his department, except as may be otherwise provided by law. The positions of commissioner shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. Each commissioner shall perform such functions as may be assigned to him by the secretary and shall devote his full time during business hours to the duties of his position. In case of a vacancy or an emergency, the secretary may appoint a person as acting commissioner for a period not exceeding six months, of any of the above departments, provided, the appointee is a person of skill and experience in the field of his appointment. The positions of the commissioners shall be classified in accordance with section forty-five of chapter thirty and the salaries shall be determined in accordance with section forty-six C of said chapter thirty.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 7b - State Geologist

Section 7B. The chancellor of the University of Massachusetts Amherst in consultation with the secretary of the executive office of environmental affairs and department of geosciences shall appoint a professional geologist to be state geologist. The state geologist shall perform research on the land, mineral, and water resources of the state; coordinate and facilitate research and communication among various agencies, researchers and stakeholders; collect, compile, analyze and preserve data pertaining to the geologic environment; disseminate the findings of such research to the public through maps, reports, and other publications; and, direct the Massachusetts geological survey. The state geologist shall advise all other branches of state and local government, concerning the geologic character of the state and its implications for both economic and scientific needs in conjunction with all existing and future environmental factors relating to the geology of the state. The state geologist shall maintain liaison with federal and other state geological surveys, and academic institutions. The state geologist shall have a term limit of 5 years at which time the appointment can be reviewed, revoked or renewed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 8a - Water Resources Commission; Members; Terms

[ First paragraph effective until May 30, 2023. For text effective May 30, 2023, see below.]
Section 8A. There shall be established within the executive office of environmental affairs the water resources commission hereinafter in this section and in sections eight B to eight F, inclusive, called the commission, which shall consist of the secretary of the executive office of environmental affairs, the commissioner of the department of environmental protection, the commissioner of the department of conservation and recreation, the commissioner of the department of fish and game, the commissioner of the department of food and agriculture, and the director of housing and community development, all of whom shall serve ex officio, and 5 persons to be appointed by the governor.
[ First paragraph as amended by 2023, 7, Sec. 51 effective May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]
There shall be established within the executive office of environmental affairs the water resources commission hereinafter in this section and in sections eight B to eight F, inclusive, called the commission, which shall consist of the secretary of the executive office of environmental affairs, the commissioner of the department of environmental protection, the commissioner of the department of conservation and recreation, the commissioner of the department of fish and game, the commissioner of the department of food and agriculture, and the secretary of housing and livable communities, all of whom shall serve ex officio, and 5 persons to be appointed by the governor.
The 5 members appointed by the governor for a term of three years shall each represent a major type of water user, have a demonstrated knowledge in at least one area of water resource management, have a demonstrated interest in statewide water resource issues, and an ability to address all issues at a level of expertise commensurate with the commission's mandate; provided, however, that one member so appointed shall be a member of the groundwater industry. The governor's appointments shall be made with appropriate consideration being given to a list of candidates provided by the secretary of environmental affairs.
In his initial appointments the governor shall designate two members to serve for one year, two for a term of two years and two for a term of three years and their successors shall serve for terms of three years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 8b - Chairman; Duties of Commission

Section 8B. The secretary shall be chairman of said commission. The responsibilities and duties of said commission shall include:—
(a) development of a water resources management policy framework within which the water resource policies, plans and management programs of the several agencies and departments under the secretary shall function;
(b) coordination of water resources planning and management functions among the several agencies and departments under the secretary;
(c) review and comment on all policies brought before the commission;
(d) annual review and comment on all programs relating to water resource management of the several agencies and departments under the secretary;
(e) establishment of criteria and priorities for all water resource-related cooperative programs with the federal government, with any other state, or with any executive office, department, or division of the commonwealth;
(f) development and periodic updating of comprehensive water resource management plans for river basins, giving consideration to regional and statewide needs and to integration of waste-water management into water resource planning;
(g) development of water allocation criteria which takes into account demographic, hydrologic, and environmental characteristics;
(h) development of a management information system and data processing capability for the central collection, storage and retrieval of water resource management information. Further, the commission may be responsible for dissemination of said information to the several agencies and departments under the secretary, to other state agencies and to the public on request. A fee may be charged for retrieval of information from said system.
(i) development of an education program which encouraged broad public participation at both municipal and regional levels, with emphasis on encouragement of long term water resource and wastewater planning and management by municipalities and by regional planning agencies.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 8c - Water Supply Policy Statement; Update and Report

Section 8C. The commission shall further be responsible for updating the Massachusetts water supply policy statement at intervals which shall not exceed five years. The commission shall incorporate any recommendations of municipalities and regional planning agencies as appropriate, and shall include, as appropriate, consideration of coordination of wastewater management, and shall submit a report of its findings to the clerk of the house of representatives and to the clerk of the senate at the completion of each update of the policy statement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 8d - Rules and Regulations

Section 8D. The commission may establish rules and regulations as may be necessary for the proper administration of sections eight A to eight F, inclusive, and shall annually submit to the budget commissioner the estimates required by sections three and four of chapter twenty-nine and shall file an annual report as required by sections thirty-two and thirty-three of chapter thirty.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 8e - Director; Staff

Section 8E. The commission shall be staffed by a director appointed by the secretary, who shall not be subject to the provisions of chapter thirty-one nor the provisions of section nine A of chapter thirty, and by such technical and clerical staff as the secretary, subject to appropriation, may appoint in order to fulfill the requirements of this chapter. Said technical and clerical staff shall not be subject to the provisions of chapter thirty-one nor the provisions of section nine A of chapter thirty.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 8f - Meetings; Expenses; per Diem

Section 8F. The commission shall meet at least once a month, on the second Monday, and may meet more often as the members may determine. The members shall be reimbursed for expenses incurred in connection with their duties and the appointed members of the commission shall, subject to appropriation, receive in addition to their expenses, fifty dollars per day for each day or part thereof of service to said commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 9 - Grants and Gifts; Expenditure; Records

Section 9. The office may accept any gifts or grants of money or property, whether real or personal, from any source, public or private, including, but not limited to, the United States or its agencies, in order to assist it in discharging its duties. Grants and gifts of money shall be expended according to the laws pertaining to the expenditure of funds, and records of these expenses shall be audited by the state auditor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 10a - Office of Law Enforcement; Director; Deputies; Environmental Police Officers; Rules and Regulations

Section 10A. The office of law enforcement shall be in the executive office of environmental affairs and shall be under the administrative supervision of a director who shall be called the director of law enforcement. The director shall be qualified by training, experience and executive ability and shall not be subject to chapter 31. The secretary shall appoint the director and may remove him. The director shall appoint and may remove with the approval of the secretary such deputy directors of enforcement and chiefs of enforcement as may be necessary to carry out the duties of the office; provided, however, that the chief of enforcement of the boating and recreation vehicle safety enforcement bureau shall be appointed and may be removed by the director with the approval of the boating and recreational vehicle safety advisory board established pursuant to section 11 of chapter 21A. Such positions shall not be subject to chapter 31. The deputy directors of enforcement, assisted by law enforcement coordinators, shall perform such enforcement and administrative duties as assigned by the director.
The director may with the approval of the secretary designate employees of the commonwealth and the United States as deputy environmental police officers.
The director may promulgate rules and regulations necessary for implementation of sections 10A to 10H, inclusive; provided, however, that no rule or regulation promulgated under this section shall take effect before the thirtieth day next following the date on which a copy of such rule or regulation has been filed with the joint committee on natural resources and agriculture.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 10b - Enforcement of Penal Laws

Section 10B. It shall be the duty of the office of law enforcement to enforce all penal laws which it is the duty of any agency within the executive office of environmental affairs to enforce, the General Laws or any special laws to the contrary notwithstanding.
Nothing in this section shall be construed as divesting other officers or employees of the commonwealth of the duty to enforce laws as provided for in the General Laws or any special laws. It shall also direct all inspections, claims and investigations. All police agencies shall at once notify the office of law enforcement or an environmental police officer thereof of a person presumed to be lost in any of the woodlands of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 10c - Authority of Officers

Section 10C. The director, deputy directors of enforcement, chiefs of enforcement and all deputy chiefs of enforcement, law enforcement coordinators, and the wardens, as defined in section 1 of chapter 131, and all environmental police officers and deputy environmental police officers shall have and exercise throughout the commonwealth, subject to such rules and regulations as the director, with the approval of the secretary, may from time to time adopt, all the authority of police officers and constables, except the service of civil process. Such rules and regulations shall be filed with the state secretary in accordance with section 37 of chapter 30. The director may authorize in writing any such deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, and any environmental police officer to have in their possession and carry a firearm, revolver, club, billy, handcuffs, twisters, or any other weapon or article required in the performance of official duty.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 10d - Uniforms; Badges; Fine for Unlawful Use

Section 10D. Each deputy director of enforcement, chief of enforcement, deputy chief of enforcement, warden, environmental police officer or deputy environmental police officer, when on duty and in uniform shall wear on his outer clothing or otherwise display a metallic badge bearing the seal of the commonwealth and appropriate words to identify his position, together with a number to be assigned by the director.
The director may, with the approval of the secretary, prescribe by rules and regulations a standard form of uniform to be worn by such personnel. Such badge or uniform or any distinctive part thereof so prescribed shall be worn only by such personnel entitled thereto under the rules and regulations.
Whoever violates this section by wearing such badge or uniform without authority or by impersonating an officer authorized to wear such badge or uniform shall be punished by a fine of not less than $10 or more than $100 dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 10e - Entry on Private Land; Disposition of Animals

Section 10E. The secretary, director, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers, may in the performance of their duties enter upon and pass through or over private property or lands whether or not covered by water, and may keep or dispose of sick, dead, injured, or helpless fish, birds or mammals that may come into their possession, subject to such rules and regulations as the director, with the approval of the secretary, may adopt.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 10f - Rules and Regulations; Hours and Pay for Boat Based and Land Based Personnel; Assignments

Section 10F. Notwithstanding chapter 149 or of any other general or special law to the contrary, the director, with the approval of the secretary, shall make rules and regulations governing the tours of duty and hours of work for the deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement and environmental police officers. The rules and regulations shall provide, in the case of boat based personnel, that such officers may be required to be on duty up to 96 consecutive hours, and off duty a similar number of hours, for each tour of duty. Land based personnel, however, shall be compensated for any additional work in accordance with section 30C of chapter 149. Boat personnel shall be paid $4.50 in lieu of meals allowances for each day of duty and shall be deemed to be on full travel status. Such rules and regulations shall also provide for the assignment of all officers of the division to any area within the commonwealth and for the conduct of such officers in the performance of their duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 10h - Fines for Categories of Violations

Section 10H. (a) For the purposes of this section, ''person'' shall mean a natural person, corporation, association, partnership or other legal entity or other legal agency or political subdivision of the commonwealth.
(b) A person notified to appear before the clerk of a district court as provided in section 10G for:
(i) a violation of the regulations promulgated pursuant to section 11B, the regulations promulgated pursuant to chapter 90B, the rules and regulations of the division of fisheries and wildlife regulating activity on land under the management of the division or for a violation of section 2 to 4, inclusive, 5, 5A, 6, 7, subsection (b) of section 9, section 12, 12A or 13A of said chapter 90B may so appear within the time specified and pay a fine of $50;
(ii) a violation of sections 21 to 24, inclusive, of said chapter 90B may so appear and pay a fine of $250;
(iii) a violation of section 5C of said chapter 90B may so appear and pay a fine of $2,000;
(iv) a violation of the regulations promulgated pursuant to section 17A, of section 18, 19, 30, 31, 33 to 36, inclusive, 51, 51A, 66, 69 to 72, inclusive, 100C or 102 of chapter 130 may so appear and pay a fine of $100;
(v) a violation of section 13, 17, 21, 29, 37, 38, 38A, 39, 41, 41A, 44, 44A, 44B, 47, 49, 80, 81, 82, 92, 100A, 100B or 106 of said chapter 130 may so appear and pay a fine of $200;
(vi) a violation of section 23, 25, 67, 68, 75, 95 or 100D of said chapter 130 may so appear and pay a fine of $400;
(vii) a violation of section 73 of chapter 131 may so appear and pay a fine of $500;
(viii) a violation of section 17, 17A, 34, 35, 37, 41, 41A, 44, 44A, 44B or 95, of the regulations promulgated pursuant to section 100A or of section 100B or 100C of said chapter 130 may so appear and pay, in addition to the applicable fine specified in this section, a supplemental fine of $10 per fish; provided, however, that for the purpose of this paragraph, the term ''fish'' shall have the meaning provided in section 1 of said chapter 130, but shall not include bi-valve shellfish;
(ix) a violation of section 21A, 60 to 65A, inclusive, 68, 75A or 77A of said chapter 131 may so appear and pay a fine of $200; or
(x) a violation of subsection (b), (c) or (e) of section 8 of said chapter 90B or any other violation of said chapter 131 may so appear and pay a fine of $100.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 10i - Surcharge Added on Fines for Violations Under Chapter 21a When Complaining Officer Is Environmental Police Officer or Deputy Environmental Police Officer

Section 10I. There shall be a surcharge of 20 per cent on a fine assessed against a person convicted of or found responsible for a violation under this chapter or a violation of a special regulation made under this chapter if the complaining officer was an environmental police officer or deputy environmental police officer. Notwithstanding the provisions relative to the distribution of fines, penalties and forfeitures in the ninth paragraph of section 10G, such surcharge shall be deposited into the Massachusetts Environmental Police Trust Fund established in section 2LLLL of chapter 29.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 10j - Incapacity of Environmental Police Officer Due to Injuries Sustained in Performance of Duties; Leave Without Loss of Pay

Section 10J. (a) Whenever an environmental police officer of the office of law enforcement is incapacitated and unable to perform the duties of such an officer because of injuries sustained in the performance of the environmental police officer's duties, without the fault of the officer, the injured officer shall be granted leave without loss of pay for the period of the officer's incapacity; provided, however, that such leave shall not be granted for any period after the injured officer has retired or been pensioned in accordance with the law or for any period after a physician designated by the director of law enforcement determines that the incapacity no longer exists. All amounts payable pursuant to this section shall be paid at the same time and in the same manner as the regular compensation of the injured officer and for all purposes shall be deemed to be the officer's regular compensation.
(b) When the injury causing the incapacity of an environmental police officer, for which that officer is granted a leave without loss of pay and is paid compensation in accordance with this section, was caused by circumstances creating a legal liability requiring a person to pay damages in respect thereof, either the injured officer or the office paying the compensation may enforce the liability of the person in any court of competent jurisdiction. The sum recovered shall be for the benefit of the office paying the compensation, unless the sum is greater than the compensation paid to the injured officer, in which event the excess shall be retained by or paid to the injured officer. For the purposes of this section, the term ''excess'' shall mean the amount by which the total sum received in payment for the injury, exclusive of interest and costs, exceeds the amount paid pursuant to this section as compensation to the injured officer. The party bringing the action shall be entitled to any costs recovered by that party. Any interest received in the action shall be apportioned between the office and the injured officer in proportion to the amounts received by them respectively, inclusive of interest and costs. The expense of attorney's fees shall be divided between the office and the injured officer in proportion to the amounts received by them respectively.
(c) Whoever intentionally or negligently injures an environmental police officer for which the officer is granted a leave without loss of pay and is paid compensation in accordance with this section shall be liable in tort to the office paying such compensation for all costs incurred by that office in replacing the injured officer that in excess of the amount of compensation so paid.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 11 - Boating Safety Advisory Board

Section 11. There shall be within the office of law enforcement a boating safety advisory board. The board shall consist of 5 members to be appointed by the governor, 2 of whom shall be representatives of the boating public, each of whom shall hold a certificate of number issued pursuant to section 3 of chapter 90B; 1 of whom may represent the harbormaster's association; and 2 of whom shall represent the recreational boating business, 1 of whom shall operate a boat dealership. Each member shall serve for a term of 3 years. The chair of the board shall be appointed from among the 5 members, annually by the governor and, in the absence of same, shall be designated by the director. Board members shall be appointed or reappointed for terms of 3 years.
The boating safety advisory board shall meet at least quarterly and 3 members in attendance shall constitute a quorum. The chiefs of enforcement of the coastal enforcement bureau and the inland enforcement bureau established under section 6 of chapter 21, or their designees, shall attend all meetings of the board and shall provide such information as the board shall request.
The board shall review the budgetary recommendations of the director and the secretary of energy and environmental affairs concerning the expenditure of federal funds allocated to the division for recreational boating safety each fiscal year prior to the submission of such recommendations to the secretary or the governor, as the case may be. In the event the board disapproves of any such recommendation it may file a report noting its objection and such report shall be transmitted to the governor and to the house and senate committees on ways and means.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 11a - Bicycle and Pedestrian Advisory Board

Section 11A. There is hereby established within the office of planning and programming a bicycle and pedestrian advisory board. The board shall oversee the state's bicycle and pedestrian activities and advise the bicycle and pedestrian program office. The board shall consist of the secretary of transportation or his designee; the secretary of environmental affairs or his designee; the administrator of highways or his designee; the commissioner of environmental management or his designee; the commissioner of the department of conservation and recreation or his designee; the general manager of the Massachusetts Bay Transportation Authority or his designee; the colonel of state police or his designee; the commissioner of public health or his designee; the executive director of travel and tourism or his designee; 1 representative of a regional planning agency; 7 non-governmental members who shall be appointed by the governor upon recommendation of the co-chairmen of the board; 3 of whom shall be experts in bicycle safety; 1 of whom shall be a representative of the commercial bicycle industry; 3 of whom shall be representatives of bicycle organizations; and 7 members who are experts in pedestrian transportation. The bicycle and pedestrian program manager shall serve ex-officio. Each appointee shall serve without compensation for a term of 2 years and may be reappointed to serve for not more than 3 consecutive terms. Two chairmen shall be selected by a majority vote of the board members but at least one of the chairman shall not be an employee of the commonwealth. The advisory board shall meet at least 4 times each year. The board shall monitor the implementation of the Massachusetts statewide bicycle transportation plan and the Massachusetts statewide pedestrian transportation plan and assist the bicycle and pedestrian program office in preparing future plan updates. Initially, the non-governmental members shall be appointed by the governor, chosen from a list of qualified applicants fairly representing the various geographical regions of the Commonwealth, as provided by the Bicycle Coalition, also known as MassBike, a state-wide bicycle advocacy organization and by WalkBoston, a metropolitan area pedestrian organization.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 11b - Public Access Board; Composition; Meetings; Designation of Public Access Points; Regulations; Purchase of Equipment

Section 11B. There shall be in the department of fisheries, wildlife and environmental law enforcement a board to be known as the public access board composed of the director of the division of fisheries and wildlife, the director of the office of law enforcement, the director of the division of marine fisheries, the director of the division of forests and parks and the deputy chief engineer of the division of waterways or their respective designees and the chairmanship of said board shall be by vote of said members. The board shall meet at the call of the chairman and shall by majority vote designate locations of public access to great ponds and other waters within the commonwealth and locations of trails and paths for snowmobiling, hiking, skiing or other uses; provided, however, that no location shall be so designated except after a public hearing in the city or town in which it is situated. Notice of such hearing shall be given in the case of a city, to its mayor and in the case of a town, to its board of selectmen at least twenty days before the date of the hearing. The department shall, after receiving written notice of such designation, acquire by purchase, gift, or lease or, with the consent of the governor, by eminent domain such land and water areas, or interests and easements therein, which have been designated by said board for the purpose of providing such public access, trails and related facilities, or it may utilize public lands with the consent of the department or other public agency in charge thereof. The department may construct such roads, parking areas, docks, ramps, trails, shelters, comfort stations and related facilities as may be designated by said board and shall maintain, operate and improve such facilities and associated land and water areas; provided, however, that the department may enter into agreements with other public agencies to transfer operation of such areas to said agency. The department may adopt, after public hearing, regulations governing the use of land and water areas under this section, violation of which may be punished by a fine of not more than $100 and which may be enforced by any employee of the commonwealth, or of a city or town, having police powers. The cost of such acquisition, construction, maintenance, operation and improvement, and the administrative and other expenses, including planning, incurred by the department in connection with the activities authorized by this section shall be chargeable to the General Fund. The board may purchase from sums appropriated safety, rescue, patrol and maintenance equipment and may transfer the same to agencies of the commonwealth having responsibilities for law enforcement or management of public lands.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 13a - System Inspectors of On-Site Sewage Disposal Systems; Penalty

Section 13A. A system inspector of on-site sewage disposal systems, approved by the department of environmental protection, who performs an on-site inspection sewage disposal system under the provisions of the state environmental code, shall not recommend a specific disposal system installer, including himself, to perform any work related to the replacement, repair, alteration or design of said system; provided, however, that all system inspectors shall, at the time of inspection, provide to the property owner a list prepared by the local board of health of local disposal system installers who are approved to perform such work. Each board of health shall prepare and make available a list containing the name, address, and phone number for at least five such installers who request to be included on such list. Nothing contained herein shall be construed to prohibit a system inspector from distributing such list on which his own name shall appear; provided, however, that such inspector shall in no way distinguish his name from others on such list.
A violation of this section shall be punished by a fine of not more than $1,000.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 14 - Disposal of Dredged Materials

Section 14. The department of environmental protection is hereby authorized and directed to issue permits for the disposal of dredged materials within the marine boundaries of the commonwealth when it is determined that such disposal and such disposed material will not unreasonably degrade or endanger the marine environment or public health. Said permit shall include such terms and conditions as said department finds necessary to assure conformance with this section and any other general or special law within its jurisdiction. No person shall so dispose of dredged material except pursuant to and in accordance with the terms and conditions of such a permit. Any violation of any provision of this section or any rule or regulation promulgated pursuant thereto, (a) shall be punishable by a fine of not more than twenty-five thousand dollars for each day that such violation occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each day that such violation occurs or continues.
Said department is further authorized and directed to promulgate rules and regulations for the transportation and disposal of such dredged material within the commonwealth so as to protect and enhance environmental quality, the public health, and natural resources.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 17 - Soil Containing Dangerous Levels of Lead; Cover and Disposal; Regulations

Section 17. The department of environmental protection shall in consultation with the director of the childhood lead poisoning prevention program and the director of labor standards, promulgate regulations specifying adequate methods of cover and disposal of soil containing dangerous levels of lead. Such regulations shall be promulgated within one hundred and eighty days after the director of the childhood lead poisoning prevention program has promulgated regulations defining dangerous levels of lead in soil.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 19c - Licensing

Section 19C. The board may license individuals to be hazardous waste site cleanup professionals. Each application for an initial license or license renewal shall be accompanied by a fee established by the board that shall be set to cover all costs of processing the application, and each licensee whose license is valid for one year or more shall pay an annual fee that shall be set to cover all costs of administering and enforcing sections nineteen through nineteen J, inclusive, and shall otherwise be set in accordance with the provisions of section three B of chapter seven. The board may deny an application for an initial license or for a license renewal, or suspend or revoke a license, at any time for cause. The board may grant an application for an initial license or for a license renewal, and may allow a license to remain in effect, only if and while the board is persuaded that the applicant for or holder of the license is in compliance, and will be in compliance routinely and on a continuing basis, with all standards and requirements applicable to hazardous waste site cleanup professionals. Each license issued pursuant to sections nineteen through nineteen J, inclusive, shall be issued only to an individual, shall be valid only for the individual to whom it is issued, and may not be transferred. Each license issued pursuant to sections nineteen through nineteen J, inclusive, shall be for a period not to exceed five years, unless a shorter term is specified therein, or unless sooner suspended or revoked. Any individual whose application for an initial license or for a license renewal is denied, or whose license is revoked, may be barred by the board from applying for a license for a period of not more than five years. The term during which reapplication is barred shall be established as part of the determination or decision of the board in the proceedings concerning the denial or revocation.
The board shall cause notice of each license application, approval, denial, suspension, or revocation, or the lifting or termination of each license suspension, and of each public censure and private censure, and of the results of all adjudicatory proceedings thereon, to be given to the department promptly and in whatever ways are necessary in order to enable the department to promptly and properly exercise its powers and perform its duties pursuant to the provisions of this chapter, chapter twenty-one E, and all other applicable laws. The board shall not approve an application for an initial license or for a license renewal until at least thirty days after the department has received said notice, or until the department has notified the board in writing that it has no objection to the approval of the application, whichever occurs first.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 19d - License Requirement; Regulations

Section 19D. Effective on and after one year after publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B, no person shall be, or act as, or advertise as, or hold himself out to be, or represent himself as being, a hazardous waste site cleanup professional unless that person is in possession of a valid license issued by the board.
The provisions of sections nineteen through nineteen J, inclusive, and of chapter twenty-one E, and regulations promulgated pursuant thereto, shall not restrict or prohibit and shall not be construed as restricting or prohibiting any person who is a full-time employee or may become a full-time employee of a person who is or may potentially be an owner or operator as defined in said chapter twenty-one E or of a person who is or may potentially be liable pursuant to the provisions of said chapter twenty-one E from being licensed as a hazardous waste site cleanup professional if so qualified pursuant to standards established, through regulation, by the board. The provisions of section nineteen through nineteen J, inclusive, and of chapter twenty-one E, and regulations promulgated thereto, shall not restrict or prohibit and shall not be construed as restricting or prohibiting any such full-time employee, if so licensed, from undertaking any activity permitted by regulations for hazardous waste site cleanup professionals at the request of such employee's employer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 19e - Inspection of Known or Suspected Sites; Warrants

Section 19E. Personnel or authorized agents of the board or of the department may at all reasonable times enter any known or suspected site, vessel, or other location, whether public or private, for the purpose of investigating, sampling, inspecting, or copying any records, condition, equipment, practice, or property relating to activities subject to sections nineteen through nineteen J, inclusive. Personnel or authorized agents of the board may and shall seek a warrant authorizing such entry whenever they wish to enter any location and either they do not wish to ask permission for such entry first or permission for such entry has been sought and refused. Any court, judge, or justice authorized to issue warrants in criminal cases may issue such warrants authorizing such entry by personnel or authorized agents of the board upon a showing that such entry is necessary to allow the board to carry out its regular procedures for verifying compliance with sections nineteen through nineteen J, inclusive, and the regulations promulgated by the board pursuant to sections nineteen through nineteen J, inclusive.
Where necessary to ascertain facts relevant to, or not available at, such site, vessel, or other location, any person shall, upon request of any officer, employee, or duly authorized representative of the board or of the department, furnish information relating to activities subject to sections nineteen through nineteen J, inclusive, and shall permit said officers, employees, or authorized representatives to have access to, and to copy, all records relating to said activities.
In the event that the board or the department has reason to believe that any person has made fraudulent representations to the board or the department or has destroyed or concealed evidence relating to any activity subject to sections nineteen through nineteen J, inclusive, the board or the department may seize any records, equipment, property, or other evidence it deems necessary.
Any monetary claims against an employee of the commonwealth based on non-compliance with sections nineteen through nineteen J, inclusive, including any claim based on a failure to use due care in the execution of his duties as a licensed hazardous waste site cleanup professional, shall be limited to actions brought under the provisions of chapter two hundred and fifty-eight.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 19f - Violations; Orders Issued by Board; Notice to Department

Section 19F. Whenever it appears that there is a violation of any provision of sections nineteen through nineteen J, inclusive, or of any regulation, license, or order issued or adopted thereunder, the board may issue to a person causing or contributing, or likely to cause or contribute, to such violation an order requiring the production or analysis of samples, requiring the production of records, or imposing such restraints on or requiring such action by said person, as the board deems necessary to abate or prevent such hazard or violation. Issuance of an order pursuant to this section shall not preclude, and shall not be deemed an election to forego, any action to suspend or revoke a license, to recover damages, or to seek injunctive relief, civil or criminal penalties, or any other remedy.
The board shall cause notice of each order, and of the results of all adjudicatory proceedings thereon, to be given to the department as promptly as necessary and in whatever ways are necessary in order to enable the department to promptly and properly exercise its powers and perform its duties pursuant to the provisions of this chapter, chapter twenty-one E, and all other applicable laws.