reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 39s - Contracts for Construction; Requirements

Section 39S. (a) As used in this section the word ''person'' shall mean any natural person, joint venture, partnership corporation or other business or legal entity. Any person submitting a bid for, or signing a contract to work on, the construction, reconstruction, alteration, remodeling or repair of any public work by the commonwealth, or political subdivision thereof, or by any county, city, town, district, or housing authority, and estimated by the awarding authority to cost more than $10,000, and any person submitting a bid for, or signing a contract to work on, the construction, reconstruction, installation, demolition, maintenance or repair of any building by a public agency, estimated to cost more than $10,000, shall certify on the bid, or contract, under penalties of perjury, as follows:
(1) that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (2) that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and (3) that all employees to be employed in the work subject to this bid have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration.
(b) Any employee found on a worksite subject to this section without documentation of successful completion of a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration shall be subject to immediate removal.
(c) The attorney general, or his designee, shall have the power to enforce this section including the power to institute and prosecute proceedings in the superior court to restrain the award of contracts and the performance of contracts in all cases where, after investigation of the facts, he has made a finding that the award or performance has resulted in violation, directly or indirectly, of subsection (b), and he shall not be required to pay to the clerk of the court an entry fee in connection with the institution of the proceeding.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 39t - Controlled Insurance Program

Section 39T. Notwithstanding section 8 of chapter 268A, section 44F of chapter 149 or section 8 of chapter 149A, any agency of the commonwealth may, in the agency's discretion, implement a controlled insurance program on any single project or by pooling more than 1 project into a combined or rolling program, including, but not limited to: (i) the division of capital asset management and maintenance; (ii) the Massachusetts Department of Transportation or any division or authority thereof; (iii) the Massachusetts Port Authority; (iv) the Massachusetts Water Resources Authority; (v) the Massachusetts State College Building Authority; (vi) the University of Massachusetts Building Authority; and (vii) the Massachusetts Convention Center Authority. For the purposes of this section, a ''controlled insurance program'' means that the awarding authority bears the costs and benefits of 1 or more of the usual categories of insurance required for such a project or projects, including, but not limited to, general liability, completed operations, excess umbrella and workers' compensation insurance covering the awarding authority, the general contractor or construction manager at risk, the owner's project manager and all subcontractors performing work on site.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 40 - Discharge or Release of Bonds

Section 40. Bonds given to the commonwealth, any county, city, town or political subdivision to secure the performance of contracts for the construction or repair of public buildings or other public works may be discharged or released by the awarding authority, upon such terms as it deems expedient, after the expiration of one year from the time of completion, subject to section thirty-nine K, of the work contracted to be done; provided that no claim filed under said bond is pending, and provided further, that no such bonds shall be discharged or released prior to the expiration of all special guarantees provided for in the contract unless new bonds in substitution therefor specifically relating to the unexpired guarantees shall be taken.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 41 - State Institutions; Sales of Property; Itemized Accounts

Section 41. If sales of property of the commonwealth are made by any officer of a state institution, the superintendent thereof shall submit to the trustees or other supervising board or officer an itemized account, on oath, of such sales, for their approval in the same manner as accounts for materials and supplies for such institutions are approved, and such account shall be filed with the state treasurer when the proceeds are paid over to him.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 43 - Fees for Copying Records; Keeping by Employees; Penalties

Section 43. No person employed in any state department shall receive for his own use any fee for copying public records or documents, or for other services during office hours, but all fees therefor shall be paid to the commonwealth. Whoever violates this section shall be punished by a fine of not more than one hundred dollars and shall be disqualified for employment in any state department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 44 - Employees as Agents for Others; Sale of Lands

Section 44. No officer or employee of the commonwealth shall act as agent or attorney of any person in a sale or conveyance of land to the commonwealth. Whoever violates any provision of this section shall be punished by a fine of not more than one thousand dollars and shall be disqualified for employment in any state department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 44a - Land Owned by Commonwealth; Sale to Counties, etc.; Highway Purposes

Section 44A. A commissioner or head of a state department having control of any land of the commonwealth may, in the name of the commonwealth and subject to the approval of the governor and council, sell and convey to any county, city or town, or transfer to the control of another state department, so much of such land as may be necessary for the laying out or relocation of any highway.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 44b - Petroleum Pipe Line; Laying on State Lands

Section 44B. A commissioner or head of a state department having control of any land, water, park, reservation, boulevard, parkway or highway of the commonwealth or of any metropolitan district may, in the name of the commonwealth, subject to such terms and conditions as he may deem advisable and subject also to such rules and regulations as may be promulgated by the department of fire services, grant to any person the right to lay, construct, maintain and operate pipe lines for conveying petroleum or the products or by-products thereof through, over, across or under such land, water, park, reservation, boulevard, parkway or highway, and in connection therewith may grant permission to any such person to dig up, open or tunnel under such land, water, park, reservation, boulevard, parkway or highway.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 46d - Appointments to Positions; Promotions From Positions Classified Under Civil Service Provisions

Section 46D. Whenever it is deemed practicable in the judgment of the appointing authority and with concurrence with the secretary, where applicable, appointments to positions allocated to job groups M–I through M–IV, inclusive, of the management salary schedule shall be made by promoting employees of the commonwealth serving in positions assigned to the general salary schedule; and appointments to positions allocated to job groups M–V through M–XII, inclusive, in the management salary schedule shall be made by promoting managers of the commonwealth serving in positions allocated to job groups M–I through M–IV, inclusive, in the management salary schedule.
In every instance of a manager or employee so promoted from a position classified under chapter thirty-one of the General Laws or from a position in which at the time of promotion he shall have tenure by reason of section nine A of this chapter, upon termination of his service in the position to which he was so promoted, the manager or employee shall, if he so requests, be restored to the position from which he shall have been promoted, or to a position in the same state agency, without impairment of his civil service status or his tenure by reason of said section nine A or loss of the seniority, retirement and other rights to which uninterrupted service in such position would have entitled him; provided, however, that if his service in the position to which he was promoted shall have been terminated for cause, his right to be restored shall be determined by the civil service commission, in accordance with the standards applied by said commissioner in administering chapter thirty-one.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 46e - Civil Service Classifications; Positions Reimbursed by Federal Government

Section 46E. Notwithstanding any provision of law to the contrary, after June twenty-seventh, nineteen hundred and eighty-one, no position allocated to job group M–V through job group M–XII, inclusive, of the management salary schedule provided in section forty-six C shall be classified under chapter thirty-one; provided, however, that this section shall not apply to positions for which full or partial reimbursement is made by the federal government and which are required by federal law or regulation to be covered by a merit system, so-called; and provided further, that no exemption from the provisions of this section shall be allowed unless certification of the federal requirement is received from the appropriate federal official and unless such certification is renewed at regular intervals.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 46f - Tenure

Section 46F. Notwithstanding the provisions of sections nine A, nine B, and nine D of this chapter or any other provision of law, after June twenty-seventh, nineteen hundred and eighty-one, no person appointed to a position allocated to job group M–V through M–XII, inclusive, of the management salary schedule provided in section forty-six C shall acquire tenure in any such position.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 46g - Overtime Compensation

Section 46G. Notwithstanding the provisions of section thirty B of chapter one hundred and forty-nine, no person who is the incumbent of a position allocated to job group M-IX through M-XII, inclusive, shall receive overtime compensation, and no person who is the incumbent of a position allocated to job group M-V through M-VIII, inclusive, shall receive such overtime compensation unless the title and position number of the position of which he is the incumbent appears on a list of positions eligible for overtime compensation maintained by the personnel administrator, with the approval of the commissioner of administration.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 46h - Vacation, Sick-Leave, Personal Leave and Benefits

Section 46H. Notwithstanding any provision of law to the contrary, incumbents of positions allocated to the management salary schedule, shall be eligible for vacation, sick-leave, personal leave and other benefits, in accordance with rules and regulations established by the personnel administrator, with the approval of the commissioner of administration; provided, that no person who is the incumbent of a position allocated to the management salary schedule shall at any time receive such vacation or sick-leave in excess of the maximum then available to other managers; provided however, that nothing contained in this section shall limit the rights granted employees under the provisions of the second paragraph of section twenty-eight of chapter seven.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 46i - Additional Duties of Personnel Administrator

Section 46I. In addition to his other responsibilities and duties, the personnel administrator shall have the following duties and responsibilities: developing and maintaining information concerning occupational injuries sustained by employees entitled to compensation under the provisions of section 69 of chapter 152, and concerning persons who have applied for or who have been granted disability benefits under the provisions of chapter 32 and requiring reports from the workers' compensation agents and from the retirement boards; and certifying agreements for compensation for the payment of medical or other expenses or fees to or on behalf of injured employees of the commonwealth. No such compensation shall be paid without such certification.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 48 - Incumbents of Positions Classified; Duties

Section 48. Incumbents of offices or positions classified under sections forty-five to fifty, inclusive, shall perform, so far as practicable, the duties prescribed for the respective classes, but said sections shall not limit or restrict administrative authorities in exercising supervision of, or control over, their employees, or in assigning related, incidental or emergency duties to them.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 49 - Appeal From Classification

Section 49. A manager or an employee of the commonwealth objecting to any provision of the classification affecting the manager or employee's office or position may appeal in writing to the personnel administrator. If the administrator finds that the office or position of the person appealing warrants a different position reallocation or that the class in which said position is classified should be reallocated to a higher job group, he shall report such recommendation to the budget director and the house and senate committees on ways and means in accordance with paragraph (4) of section forty-five. Any manager or employee or group of employees further aggrieved after appeal to the personnel administrator may appeal to the civil service commission. Said commission shall hear all appeals as if said appeals were originally entered before it. If said commission finds that the office or position of the person appealing warrants a different position reallocation or that the class in which said position is classified should be reallocated to a higher job group, it shall report such recommendation to the budget director and the house and senate committees on ways and means in accordance with paragraph (4) of section forty-five.
If the personnel administrator or the civil service commission finds that the office or position of the person appealing shall warrant a different position allocation or that the class in which said position is classified shall be reallocated to a higher job group and so recommends to the budget director and the house and senate committees on ways and means in accordance with the provisions of this section, and if such permanent allocation or reallocation shall have been included in a schedule of permanent offices and positions approved by the house and senate committees on ways and means, such permanent allocation or reallocation shall be effective as of the date of appeal to the personnel administrator.
The provisions of this section, as they relate to appeals on the reallocation of a class or group of classes to a higher job group or job groups, shall not apply to any employee whose position is included in a collective bargaining unit represented by an employee organization certified in accordance with the provisions of section four of chapter one hundred and fifty E.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 50 - Limit of Application of Secs. 45 to 49

Section 50. For the purposes of the classification authorized by section forty-five the words laborers, workmen and mechanics shall have the same meaning as in sections thirty to thirty-six, inclusive, of chapter one hundred and forty-nine; and sections forty-five to forty-nine, inclusive, of this chapter shall not be construed as placing state employees outside the civil service laws, rules and regulations, nor shall the classification aforesaid take precedence over any rulings of the office of public safety and inspections of the division of occupational licensure, of the department of fire services, of the board of boiler rules, or of the state examiners of electricians, regarding the construction, care and operation of boilers, engines and other apparatus which may be under the charge of such laborers, workmen and mechanics.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 51 - Purchasing of Goods, Supplies, Equipment and Services for State Departments

Section 51. All goods, supplies, equipment and services, except for legislative or military purposes, needed by the various executive and administrative departments and for other activities of the commonwealth shall be purchased by or under the direction of the operational services division in the manner set forth in section fifty-two, and in sections twenty-two to twenty-six, inclusive, of chapter seven. Said division shall be furnished with such general supply appropriations, in addition to its departmental supply accounts, as may be necessary in order to place blanket contracts or advance orders and thereby take advantage of favorable market conditions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 52 - Approval of Purchases

Section 52. No goods, supplies, equipment or services, other than for legislative or military purposes, shall be purchased or contracted for by any state department, office or commission unless approved by the state purchasing agent as being in conformity with the rules, regulations and orders made under section twenty-two of chapter seven. Such approval may be of specific or blanket form at the discretion of the state purchasing agent.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 57 - Finality of Decision; Grievances Requiring Payment of Money; Disposition

Section 57. The decision of the civil service commission shall be final and binding on all agents and agencies of the commonwealth; provided, however, that any such decision may have retroactive effect pursuant to the applicable provisions of section forty-nine and also pursuant to rules made under the provisions of section fifty-three; and, provided further, that no such decision shall require any payment to be made as of any date before the beginning of the fiscal year in which such decision shall be rendered, except to the extent such payment is permitted pursuant to the provisions of said section forty-nine and subject to appropriation for the purposes thereof. If such decision shall require the payment of money to any employee of the commonwealth, the civil service commission shall notify the appointing authority, the personnel administrator, the budget director, and the comptroller of the amount or amounts thereof, and such amount or amounts shall be paid from available appropriations if in accordance with law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 58 - Injuries Sustained in Service of State; Compensation

Section 58. Any employee of the commonwealth eligible to receive workers' compensation under chapter one hundred and fifty-two who sustains injuries while in the employ of the commonwealth and who has sufficient sick leave credits accrued shall be granted leave of absence with pay for each working day he is absent from his duties because of such injuries until he returns to work or until the case has been approved by the industrial accident board.
Workers' compensation for such period shall be refunded to the state treasurer or spending agency of the commonwealth. The payment by the industrial accident board for such period shall constitute the total refund and the employee shall be credited with the proportionate part of sick leave credits represented by the workers' compensation paid by the industrial accident board.
If the industrial accident board refuses to accept jurisdiction over the case the employee shall not be granted leave with pay in excess of his accumulated sick leave credits or vacation leave.
Notwithstanding the provisions of this section, an employee who, while in the performance of duty, receives bodily injuries resulting from acts of violence of patients or prisoners in the employee's custody or, in the case of a court officer, receives bodily injuries resulting from acts of violence in the courtroom or public areas, holding areas and other designated areas of the courthouse or from subduing or apprehending escaping prisoners, and who as a result of such injury would be entitled to benefits under said chapter one hundred and fifty-two, shall be paid the difference between the weekly cash benefits to which he would be entitled under said chapter one hundred and fifty-two and his regular salary, without such absence being charged against available sick leave credits, even if such absence may be for less than eight calendar days' duration.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 60 - Co-Operative Education Programs; Employment of Students

Section 60. The personnel administrator shall cooperate with public and private colleges, universities and other institutions of higher education, which grant degrees and which provide facilities for educating students on the so-called ''co-operative plan'' of education whereby work-study programs are so developed and maintained that students enrolled therein may be employed in the service of the commonwealth in positions appropriate to their major academic interests. The employment of such students in positions classified under section forty-five shall be approved by the personnel administrator. The employment of such students in said positions shall, upon certification to the said administrator by a representative of such a college, university or institution that such student is enrolled therein under a ''co-operative plan'' of education, not be subject to the provisions of chapter thirty-one; provided that employment by the commonwealth of a student under such plan is for a stated and limited time.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 61 - Determination of Impact by Agencies; Damages to Environment; Prevention or Minimization; Foreseeable Climate Change Impacts; Definition Applicable to This Section and Sec. 62

Section 61. All agencies, departments, boards, commissions and authorities of the commonwealth shall review, evaluate, and determine the impact on the natural environment of all works, projects or activities conducted by them and shall use all practicable means and measures to minimize damage to the environment. Unless a clear contrary intent is manifested, all statutes shall be interpreted and administered so as to minimize and prevent damage to the environment. Any determination made by an agency of the commonwealth shall include a finding describing the environmental impact, if any, of the project and a finding that all feasible measures have been taken to avoid or minimize said impact.
In considering and issuing permits, licenses and other administrative approvals and decisions, the respective agency, department, board, commission or authority shall also consider reasonably foreseeable climate change impacts, including additional greenhouse gas emissions, and effects, such as predicted sea level rise.
As used in this section and section sixty-two, ''damage to the environment'' shall mean any destruction, damage or impairment, actual or probable, to any of the natural resources of the commonwealth and shall include but not be limited to air pollution, water pollution, improper sewage disposal, pesticide pollution, excessive noise, improper operation of dumping grounds, reduction of groundwater levels, impairment of water quality, increases in flooding or storm water flows, impairment and eutrophication of rivers, streams, flood plains, lakes, ponds, or other surface or subsurface water resources; destruction of seashores, dunes, marine resources, underwater archaeological resources, wetlands, open spaces, natural areas, parks, or historic districts or sites. Damage to the environment shall not be construed to include any insignificant damage to or impairment of such resources.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 62a - Notice of Intent to Apply; Forms; Certification of Need for Environmental Impact Report; Application of Section

Section 62A. A person applying or intending to apply to an agency for a permit or for financial assistance for a project may, at any time prior to, but, in any event, shall no later than ten days after filing the first application for such permit or assistance notify the secretary of environmental affairs of the nature of the project and of such application, if any, on such forms as said secretary shall prescribe and shall transmit copies of said notification forms to such agency from which a permit or financial assistance is or may be sought. Any agency proposing a project may file said notification forms prior to the development of the project and shall file said forms no later than the secretary of environmental affairs shall by regulation prescribe. Within thirty days after issuance of notice of the receipt of such notification, the secretary shall consult with the person or agency proposing the project and the agency, if any, from which a permit or financial assistance is or may be sought and shall issue a certificate stating whether an environmental impact report is required. If a report is required, the secretary with the cooperation of said person and agency shall, within the above mentioned thirty day period, limit the scope of the report to those issues which by the nature and location of the project are likely to cause damage to the environment. The secretary shall determine the form, content, level of detail and alternatives required for the report. In the case of a permit application to an agency from a private person for a project for which financial assistance is not sought the scope of said report and alternatives considered therein shall be limited to that part of the project which is within the subject matter jurisdiction of the permit. Any finding required by section sixty-one shall be limited to those matters which are within the scope of the environmental impact report, if any, required by this section.
In the case of a major and complicated project, the secretary of environmental affairs, with the agreement of the agencies and persons who are proposing, providing public financial assistance for or issuing permits for a project subject to sections sixty-two to sixty-two H, inclusive, may establish a specific procedure for evaluation and review of the environmental impacts of said project. This section shall not apply to the placing, maintaining, repairing or relocating of poles, wires, conduits, cables, pipes and associated fixtures by public utility companies under section seventy-one of chapter one hundred and sixty-four and sections twenty-one to twenty-two, inclusive, of chapter one hundred and sixty-six.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 62c - Notice of Availability of Environmental Impact Statement; Public and Agency Review

Section 62C. Any environmental impact report shall be submitted to the secretary of environmental affairs who shall issue public notice of the availability of such report.
A reviewing agency or person, and any agency which has jurisdiction by law or special expertise with respect to any environmental impact involved may submit written comments on any draft or final environmental impact report to the secretary of environmental affairs who shall affix any such comments which are timely received to his statement on such reports. Said reports and any comments submitted in review thereof shall be public documents.
No agency shall undertake a project which is not exempted by the provisions of any law and which may cause damage to the environment or grant a permit or financial assistance for such a project until sixty days after the secretary of environmental affairs issues such notice, provided that an agency or person may undertake research, planning, design and other preliminary work necessary to describe and evaluate such projects for the purposes of sections sixty-two to sixty-two H, inclusive.
There shall be a public and agency review period of thirty days from the notice of availability of any draft or final report, provided that the secretary of environmental affairs may extend the review period for a draft report on a major and complicated project for a period not to exceed thirty days. A statement of the secretary indicating whether or not in his judgment said report adequately and properly complies with the provisions of sections sixty-two to sixty-two H, inclusive, shall be issued within seven days after the public and agency review period. The approval or disapproval of said secretary of any such report shall not be required.
At least twice per month the secretary shall issue notice of all filings and of the availability of all reports received during the preceding half month, which notice shall be in such form as the secretary shall determine is reasonably suited to informing all interested agencies and persons of the receipt of such filings and the availability of such reports.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 62d - Permit Applications; Time for Agency Determination

Section 62D. Agencies shall act on permit applications within ninety days following issue of notice of availability of the final environmental impact report, within ninety days following issue of notice of the determination that a report is not required, or ninety days following the permit application, whichever is latest, unless otherwise provided by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 62e - Categories of Projects and Permits Not Requiring Environmental Impact Reports; Establishment; Application

Section 62E. With the approval of the secretary of the executive office having jurisdiction over an agency, or if an agency is not within an executive office, with the approval of such agency, the secretary of environmental affairs shall establish general and special categories of projects and permits which shall or shall not require environmental impact reports based upon the scope and duration of potential impacts from the nature, size and location of said projects or portions thereof which require permits.
No agency shall exempt from an environmental impact report any project that is located in a neighborhood that has an environmental justice population and is reasonably likely to cause damage to the environment, as defined in section 61. The provisions of this paragraph shall not apply to emergency actions essential to avoid or eliminate a threat to public health or safety or a threat to any natural resource undertaken in compliance with section 62F.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 62f - Emergencies; Commencement of Projects; Land Acquisition

Section 62F. A project may commence prior to compliance with sections sixty-two to sixty-two H, inclusive, if emergency action by a person or agency is essential to avoid or eliminate a threat to public health or safety, or a threat to any natural resources; provided, that wherever practicable, the agency or person shall obtain the prior approval of the secretary of environmental affairs. Following commencement of any such project, the agency or person shall promptly, but in any case within sixty days, commence compliance with the provisions of sections sixty-two to sixty-two H, inclusive.
In the case of an urban renewal project proposed under chapters one hundred and twenty-one A or one hundred and twenty-one B, the specific procedure under section sixty-two A may permit land acquisition and other actions required for land acquisition to take place prior to the publication of the final environmental impact report provided that the secretary has issued notice of availability of an interim environmental impact report which demonstrates to the satisfaction of said secretary that an urban renewal project may be carried out on the proposed land with appropriate constraints as may be necessary to minimize and prevent damage to the environment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 62g - Federal Environmental Impact Statements in Lieu of Reports

Section 62G. In the case of projects for which an environmental impact statement is required under the National Environmental Policy Act of 1969, draft and final federal environmental impact statements may be submitted in lieu of environmental impact reports.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 62i - Environmental Notification Forms Filed on or After November 15, 2007; Requirements

Section 62I. A person who is proposing a new use or structure or modification of an existing use or structure within landlocked tidelands as defined in section 1 of chapter 91 that is otherwise required to file an environmental notification form pursuant to section 62A and files an environmental notification form on or after November 15, 2007, shall comply with the requirements of this paragraph. The environmental notification form, and an environmental impact report required pursuant to section 62B, if applicable, shall include an explanation of the project's impact on the public's right to access, use and enjoy tidelands that are protected by chapter 91, and identify measures to avoid, minimize, or mitigate any adverse impact on such rights set forth herein. If the project is located in an area where low groundwater levels have been identified by a municipality or by a state or federal agency as a threat to building foundations, the environmental notification form and an environmental impact report if the latter is required, shall also include an explanation of the project's impact on groundwater levels, and identification and commitment to taking measures to avoid, minimize, or mitigate any adverse impact on groundwater levels. Any measures identified by the secretary under this section shall be set forth in a certificate on the environmental notification form or a certificate on the environmental impact report, if the latter is applicable. Within 30 days after a certificate is issued under this paragraph, the proponent of the project shall file with the department of environmental protection a completed form notifying the department that work will be conducted within landlocked tidelands, and shall attach the Massachusetts environmental policy act certificate to the form. The person who is proposing shall comply with all obligations set forth in the certificate under this section, and the department shall have the authority to enforce such conditions consistent with this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 62j - Opportunities for Public to Assess Impact of Proposed Projects; Impact on Environmental Justice Population; Measures to Improve Public Participation; Meaning of Designated Geographic Area

Section 62J. To enable the public to assess the impact of proposed projects that affect their environment, health and safety through the project review process established under sections 61 through 62J, inclusive, the secretary shall provide opportunities for meaningful public involvement.
For any proposed project that requires the filing of an environmental notification form, the proponent of the project shall indicate on the document whether an environmental justice population that lacks English language proficiency within a designated geographical area is reasonably likely to be affected negatively by the project.
If a proposed project affects an environmental justice population, the secretary shall require additional measures to improve public participation by the environmental justice population. Such measures shall include, as appropriate: (i) making public notices, environmental notification forms, environmental impact reports, and other key documents related to the secretary's review and decisions of a project review available in English and any other language spoken by a significant number of the affected environmental justice population; (ii) providing translation services at public meetings for a significant portion of an affected environmental justice population that lacks English proficiency in the project's designated geographic area; (iii) requiring public meetings be held in accessible locations that are near public transportation; (iv) providing appropriate information about the project review procedure for the proposed project; and (v) where feasible, establishing a local repository for project review documents, notices and decisions.
The secretary of energy and environmental affairs may require such additional measures as appropriate for projects that do not require the filing of an environmental notification form pursuant to section 62A, or to improve participation opportunities for persons in an environmental justice population that lack English language proficiency and do not speak a dominant language spoken by such population.
As used in this section, the term designated geographic area shall mean an environmental justice population located within a distance of 1 mile of a project, unless the project affects air quality then the distance from such project shall be increased to within 5 miles of an environmental justice population.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 62k - Consideration of Environmental Justice Principles; Establishment of Standards and Guidelines

Section 62K. The secretary shall consider the environmental justice principles, as defined in section 62, in making any policy or determination, or taking any action relating to a project review, undertaken pursuant to sections 61 through 62J, inclusive, to reduce the potential for unfair or inequitable effects upon an environmental justice population.
To further the environmental justice principles the secretary shall direct its agencies, including the departments, divisions, boards and offices under the secretary's control and authority, to consider the environmental justice principles in making any policy, determination or taking any other action related to a project review, or in undertaking any project pursuant to said sections 61 through 62J, inclusive, and related regulations that is likely to affect environmental justice populations.
In addition, the secretary shall establish standards and guidelines for the implementation, administration and periodic review of environmental justice principles by the executive office of energy and environmental affairs and its agencies.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 62l - Environmental Justice Council; Membership; Duties; Recommendations

Section 62L. There shall be an environmental justice council to advise and provide recommendations to the secretary of energy and environmental affairs on relevant policies and standards to achieve the environmental justice principles. The council shall consist of not less than 9, but not more than 15, members appointed by the governor, who shall designate a chair. Members may be removed without cause, by the governor. All members shall serve without compensation.
The secretary of energy and environmental affairs shall consult with the environmental justice council before making any substantial adoptions, revisions or amendments to any regulation related to the definition of environmental justice population as defined in section 62.
The environmental justice council shall conduct a comprehensive analysis by not later than July 31, 2022, and every fifth year thereafter, to ensure the definition of environmental justice population achieves the objectives of the environmental justice principles, pursuant to the definitions of environmental justice population and environmental justice principles contained in section 62. The analysis shall include, but not be limited to, an evaluation of this definition as compared to the demographics of environmental justice populations in the commonwealth. As part of the analysis, said council shall provide advice and make recommendations to the secretary on any necessary changes to the percentage thresholds included in this definition and any related regulation. The secretary shall consider the recommendations of the council regarding any proposed changes to the percentage thresholds under this definition; provided, however, that such changes are needed to achieve and promote the environmental justice principles as defined under said section 62. Proposed regulations shall be adopted only after the approval of the council by a majority vote in the affirmative of those members so voting.
The environmental justice council may recommend and provide advice to the secretary on proposed substantial legislative or regulatory changes related to this definition at any time prior to conducting a comprehensive analysis.