Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3374 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3997 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3374
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adrian C. Madaro
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act improving air quality in airport environmental justice communities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Adrian C. Madaro1st Suffolk1/20/2023Michelle M. DuBois10th Plymouth2/13/2023 1 of 6
16	16	HOUSE DOCKET, NO. 3997 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3374
18	18	By Representative Madaro of Boston, a petition (accompanied by bill, House, No. 3374) of
19	19	Adrian C. Madaro and Michelle M. DuBois that the Massachusetts Port Authority prepare and
20	20	publish a strategy report containing policies with respect to the assessment and management of
21	21	the current and future quality of air and noise levels in the East Boston section of the city of
22	22	Boston. Transportation.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act improving air quality in airport environmental justice communities.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 465 of the Acts of 1956 is hereby amended by adding the following
32	32	24 sections:-
33	33	3 Section 37. (a) The Authority shall prepare and publish a strategy report containing
34	34	4policies with respect to the assessment and management of the current and future quality of air
35	35	5and noise levels in the East Boston section of the city regarding the environmental impact of the
36	36	6General Edward Lawrence Logan International Airport, hereinafter referred to as Logan Airport.
37	37	7 The strategy shall consist of or include—
38	38	8 (1) a statement which relates to the East Boston section of the city; and
39	39	9 (2) statements with respect to standards and measurements relating to the quality of air
40	40	10and noise levels; objectives for the restriction of the levels at which particular substances are 2 of 6
41	41	11present in the air and objectives for restrictions of noise levels; and measures which are to be
42	42	12taken by the Authority, state and local authorities and other persons for the purpose of achieving
43	43	13those objectives.
44	44	14 (b) Before publishing the strategy or any modification of it, the Authority shall publish a
45	45	15draft of the proposed strategy or modification, together with notice of a date before which, and
46	46	16an address at which, public comments may be made to the Authority concerning the draft so
47	47	17published; and shall take into account any such representations made. Copies of the draft or any
48	48	18modification shall be made available to the public at no charge.
49	49	19 (c) The Authority shall from time to time cause a review to be conducted of the quality
50	50	20for the time being, and the likely future quality within the relevant period, of air and noise levels
51	51	21within the Authority’s East Boston area of Logan Airport. The Authority shall also cause an
52	52	22assessment to be made of whether air quality standards and objectives and noise level standards
53	53	23and objectives are being achieved, or are likely to be achieved, within the relevant period. The
54	54	24Authority shall forthwith prepare, before the expiration of the period of 12 months beginning
55	55	25within the effective date of this section, a report of the results of the assessment.
56	56	26 (d) If, on an assessment under subsection (c), it appears that any air quality standards or
57	57	27objectives or noise level standards and objectives are not being achieved, or are not likely within
58	58	28the relevant period to be achieved, within the area of Logan Airport, the Authority shall identify
59	59	29any parts of its area in which it appears that those standards or objectives are not likely to be
60	60	30achieved within the relevant period.
61	61	31 (e) Where, as a result of the air quality and noise level review, it appears that any air
62	62	32quality standards or objectives or noise level standards and objectives are not being achieved, or 3 of 6
63	63	33are not likely within the relevant period to be achieved, within the East Boston area of Logan
64	64	34Airport, the Authority shall designate the East Boston area as an air quality management area or
65	65	35a noise level management area hereinafter referred to in this act as the “designated area”, all or
66	66	36any part of East Boston in which it appears that those standards or objectives are not being
67	67	37achieved, or are not likely to be achieved within the relevant period.
68	68	38 (f) The Authority shall post air quality and noise level measurements, including, but not
69	69	39limited to, those from department of environmental protection air quality monitors located in the
70	70	40East Boston section of the city of Boston on a publicly accessible internet website as reasonably
71	71	41frequent as possible. The Authority shall utilize said data in all reporting on the environmental
72	72	42impacts of operations at Logan Airport.
73	73	43 Section 38. The Authority, in consultation with state and local government, shall take
74	74	44measures to remediate the designated area.
75	75	45 The Authority shall prepare a written action plan in pursuit of the achievement of air
76	76	46quality standards and objectives or noise level standards and objectives in the designated area, of
77	77	47any powers exercisable by the Authority.
78	78	48 The action plan shall include a statement of the time or times by or within which the
79	79	49Authority proposes to implement each of the proposed measures comprised in the action plan.
80	80	50 The Authority may from time to time revise an action plan.
81	81	51 Section 39. (a) If the Authority fails to make an assessment of whether air quality
82	82	52standards and objectives or noise level standards and objectives are being achieved in accordance
83	83	53with this act, or are likely to be achieved within the relevant period, within the designated area, 4 of 6
84	84	54the department of environmental protection, hereinafter referred to as the department, shall issue
85	85	55an order that:
86	86	56 (1) air quality standards or objectives are not being achieved, or are not likely within the
87	87	57relevant period to be achieved by the Authority, within the designated area;
88	88	58 (2) noise level standards or objectives are not being achieved, or are not likely within the
89	89	59relevant period to be achieved by the Authority, within the designated area;
90	90	60 (3) that the Authority has failed to discharge any duty imposed on it under or by virtue of
91	91	61sections 37 to 39, inclusive;
92	92	62 (4) that the actions, or proposed actions, of the Authority in purported compliance with
93	93	63the provisions of this act are inappropriate in all the circumstances; or
94	94	64 (5) that developments in science or technology, or material changes in circumstances,
95	95	65have rendered inappropriate the actions or proposed actions of the Authority in pursuance of
96	96	66sections 37 to 39, inclusive.
97	97	67 (b) Upon the issuance of such order the department shall give directions to the Authority
98	98	68requiring it to take such steps as may be specified by the department, including, that the
99	99	69department shall require the Authority to cause an air quality review or noise level review to be
100	100	70conducted under direction of the department whether in whole or in part, or to be so conducted
101	101	71with such differences as may be specified or described in such requirement; and to prepare in
102	102	72accordance with such requirement an action plan for the designated area and to implement, in
103	103	73accordance with the directions, any measures in an action plan. 5 of 6
104	104	74 Section 40.The Massachusetts Port Authority in coordination with the bureau of
105	105	75environmental health of the department of public health shall regularly conduct an environmental
106	106	76risk assessment of the health impacts of the General Lawrence Logan Airport in the East Boston
107	107	77section of the city of Boston and the town of Winthrop. Such assessment shall include, but not be
108	108	78limited to: (1) air quality monitoring, including, but not limited to, utilizing data from air quality
109	109	79monitoring stations operated by the department of environmental protection in the East Boston
110	110	80section of the city of Boston, and the total particle number concentration of both indoor and
111	111	81outdoor spaces; (2) air quality modeling, utilizing data from said air quality monitoring to
112	112	82construct high spatial resolution pollution concentration estimates for the East Boston section of
113	113	83the city of Boston; (3) time activity exposure analysis, utilizing data from said air quality
114	114	84monitoring with a time activity analysis to calculate integrated participant exposure to each
115	115	85pollutant; and (4) health association surveys, to associate pollutant exposure with classes of
116	116	86health outcomes, including, but not limited to: cardiovascular diseases, neurological diseases,
117	117	87respiratory diseases and cancers.
118	118	88 The Authority shall regularly report its findings together with any recommended response
119	119	89actions by the commonwealth not less than every ten years, to be published on the Authority’s
120	120	90website, with a copy transmitted to the house and senate committees on ways and means,
121	121	91beginning not later than January 1, 2030.
122	122	92 SECTION 2. Section 142B of chapter 111 of the General Laws, as appearing in the 2016
123	123	93Official Edition, is hereby amended by striking out the eighth paragraph and inserting in place
124	124	94thereof the following paragraph:- 6 of 6
125	125	95 The department shall maintain and operate such air sampling stations and devices; make
126	126	96or perform such routine and special examinations, inspections, observations, determinations,
127	127	97laboratory analyses, and surveys; maintain such records; and perform such other acts as it deems
128	128	98necessary to conduct an adequate air pollution control program within the metropolitan air
129	129	99pollution control district. The department shall, in its annual Air Monitoring Network plan,
130	130	100which it prepares in accordance with Title 40 CFR Part 58.10, at each location where the
131	131	101department monitors for particulate matter 2.5 micrometers and smaller in diameter, monitor and
132	132	102report for ultrafine particulate matter less than 100 nanometers in diameter, in addition to its
133	133	103other monitoring at those locations.
134	134	104 SECTION 4. Section 2 shall take effect on January 1, 2025.