Massachusetts H 2906: An Act requiring executive agency liability

Bill Text

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HOUSE DOCKET, NO. 2638 FILED ON: 1/17/2019
HOUSE . . . . . . . . . . . . . . . No. 2906

The Commonwealth of Massachusetts
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PRESENTED BY:
James M. Murphy
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act requiring executive agency liability.
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PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
James M. Murphy 4th Norfolk 1/17/2019
Mark J. Cusack 5th Norfolk 1/29/2019

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HOUSE DOCKET, NO. 2638 FILED ON: 1/17/2019
HOUSE . . . . . . . . . . . . . . . No. 2906
By Mr. Murphy of Weymouth, a petition (accompanied by bill, House, No. 2906) of James M.
Murphy and Mark J. Cusack relative to executive agency liability in the construction of, or
events involving, natural gas pipelines or natural gas compressor stations. Telecommunications,
Utilities and Energy.

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act requiring executive agency liability.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1: Definitions
2 (a) Attorney General: The Attorney General of the Commonwealth of Massachusetts
3 (b) Department of Environmental Protection: The Department of Environmental
4 Protection as authorized and created under Chapter 21A of the General Laws of the
5 Commonwealth of Massachusetts
6 (c) Department of Public Utilities: The Department of Public Utilities and authorized and
7 created under Chapter 25 of the General Laws of the Commonwealth of Massachusetts
8 (d) Wanton and reckless behavior: when a person is aware of and consciously disregards
9 a substantial and unjustifiable risk that their acts, or omissions where there is a duty to act, would
10 result in serious bodily injury or substantial risk to residents of the Commonwealth of
11 Massachusetts

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12 (e) License: Any license or permit issued by an Agency of the Commonwealth of
13 Massachusetts
14 (f) Natural Gas Compressor Station: Any facility that compresses or directly assists with
15 the compression or transportation of natural gas
16 (g) Natural Gas Pipeline: Any pipes that transport, or directly assist with the compression
17 or transportation of natural gas
18 (h) Official act: Any decision or action in a particular matter of processing a license or
19 permit application.
20 (i) Official responsibility: The direct administrative or operating authority, whether
21 intermediate or final, and either exercisable alone or with others, and whether personal or
22 through subordinates, to approve, disapprove or otherwise direct agency action.
23 (j) Participate: Participate in agency action or in a particular matter personally and
24 substantially as a state, employee, through approval, disapproval, decision, recommendation, the
25 rendering of advice, investigation or otherwise.
26 (k) Public Emergency: Any event involving a natural gas pipeline or natural gas
27 compressor station which causes substantial harm to people of the Commonwealth of
28 Massachusetts including but not limited to explosions, fires, evacuation of communities,
29 substantial harm to property, substantial public health impacts, or otherwise has impacts that
30 significantly disrupt the lives of people and businesses in the Commonwealth of Massachusetts
31 (l) Public Employee: A person performing services for or holding an office, position,
32 employment, or membership in a state agency, whether by election, appointment, contract of hire

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33 or engagement, whether serving with or without compensation, on a full, regular, part-time,
34 intermittent, or consultant basis.
35 SECTION 2: If the construction of a natural gas pipeline or natural gas compressor
36 station results in a public emergency, and the construction of the natural gas pipeline or natural
37 gas compressor station required a license, permit, or other official act as a result of the official
38 responsibility of the Department of Environmental Protection or Department of Public Utilities,
39 the Attorney General of the Commonwealth of Massachusetts shall convene an investigation into
40 the licensing and permitting process and any official actions taken by the Department of
41 Environmental Protection or Department of Public Utilities. The Attorney General shall
42 determine if, during the course of this process, the Department(s) had official responsibility
43 regarding the official act to issue permits or licenses and willfully ignored significant risk to the
44 public safety, the public health, and the wellbeing of the people of the Commonwealth of
45 Massachusetts when performing an official act to issue a license for a natural gas pipeline or
46 natural gas compressor station.
47 If it is found