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Massachusetts Question 4, Identification and Remediation of Hazardous Waste Sites Initiative (1986)
| Massachusetts Question 4 | |
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| Election date |
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| Topic Pollution, waste, and recycling policy |
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| Status |
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| Type Indirect initiated state statute |
Origin |
Massachusetts Question 4 was on the ballot as an indirect initiated state statute in Massachusetts on November 4, 1986. It was approved.
A “yes” vote supported requiring the state Department of Environmental Quality Engineering (DEQE) to identify and clean up sites contaminated by oil or hazardous materials, publish quarterly reports on those sites, meet deadlines for cleanup based on the severity, and allow residents to bring lawsuits to enforce the law or address environmental hazards. |
A “no” vote opposed requiring the state Department of Environmental Quality Engineering (DEQE) to identify and clean up sites contaminated by oil or hazardous materials, publish quarterly reports on those sites, meet deadlines for cleanup based on the severity, and allow residents to bring lawsuits to enforce the law or address environmental hazards. |
Election results
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Massachusetts Question 4 |
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| Result | Votes | Percentage | ||
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1,174,676 | 74.38% | ||
| No | 404,521 | 25.62% | ||
Text of measure
Ballot title
The ballot title for Question 4 was as follows:
| “ | Do you approve of a law summarized below, which was approved by the House of Representatives on May 5, 1986, by a vote of 145 - 0, and on which no vote was taken by the Senate Before May 7, 1986? | ” |
Ballot summary
The ballot summary for this measure was:
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The proposed law would require the state Department of Environmental Quality Engineering (DEQE) to search for sites in the Commonwealth where oil or hazardous materials have been disposed of and to take all steps necessary to clean up those sites within specified time limits, Provisions are made for informing the public about sites in their communitites. Beginning on January 15,1987, DEQE would be required to publish lists every three months of all sites where it has confirmed that uncontrolled oil or hazardous materials have been disposed of and locations to be investigated as possible disposal sites, The lists would describe what actions have been taken at each site or location, DEQE would be required to list, to the extent is a disposal site, and whether it poses an imminent or substantial hazard to health, safety, public welfare or the environment. For sites found to pose a substantial hazard, DEQE would be required, within the next two years, to ensure that those hazards are eliminated and to develop a plan to eliminate permanently future risks from those sites, Imminent hazards would have to be eliminated immediately, For sites found not to pose any substantial hazards DEQE must, within seven years after the listing, ensure that the full extent of contamination is evaluated and that a plan to eliminate permanently future risks is developed. The proposed law would require DEQE to provide public notice and encourage public participation, Within 30 days after completing a site investigation, DEQE would have to inform the public through local newpapers of the results of that investigation and of the rights of local citizens under the state law, If ten citizens of a town potentially affected by a site submit a request, DEQE would be required to develop a plan for involving the public in its cleanup decisions and present that plan at a public meeting, The chief municipal officer of a citv or town in which a disposal site is located could appoint that it has identified, at least 400 possible disposal sites by January 15,1987, 600 additional locations by January 15,1988, and 1,000 additional locations in each subsequent year. Within one year after a location is listed as a possible disposal site DEQE would be required to determine if further investigation is warranted If so, within two years after the listing, DEQE must confirm whether the location individual(s) to inspect the site on behalf of the community. Massachusetts residents could bring lawsuits to enforce the provisions of the proposed law or to lessen a hazard related to oil or hazardous materials If such a lawsuit is brought, a court could award costs, including reasonable fees for attorneys and expert witnesses. | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
An indirect initiated state statute is a citizen-initiated ballot measure that amends state statute. There are nine (9) states that allow citizens to initiate indirect state statutes.
While a direct initiative is placed on the ballot once supporters file the required number of valid signatures, an indirect initiative is first presented to the state legislature. Legislators have a certain number of days, depending on the state, to adopt the initiative into law. Should legislators take no action or reject the initiative, the initiative is put on the ballot for voters to decide.
In Massachusetts, the number of signatures required for an indirect initiated state statute is equal to 3% of the votes cast in the last gubernatorial election. Massachusetts also has a distribution requirement that requires no more than 25% of the certified signatures on any petition can come from a single county.
The state Legislature has until the first Wednesday of May in the election year to pass the statute. If the legislature does not pass the proposed statute, proponents must collect a second round of signatures equal to 0.5% of the votes cast in the last gubernatorial election. The Legislature also has the power to place an alternative measure alongside the proposed statute via a simple majority vote of the state legislature.
A simple majority vote is required for voter approval. However, the number of affirmative votes cast for the measure must be greater than 30% of the votes cast in the election.
See also
External links
Footnotes
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State of Massachusetts Boston (capital) |
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