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HOUSE DOCKET, NO. 4585 FILED ON: 9/26/2023
HOUSE . . . . . . . . . . . . . . . No. 4143
The Commonwealth of Massachusetts
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PRESENTED BY:
Brandy Fluker Oakley
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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 establishing the Environmental Justice Trust Fund.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker Oakley12th Suffolk9/26/2023Attorney General Andrea Joy
Campbell
1 Ashburton Place, Boston, MA 021089/26/2023 1 of 2
HOUSE DOCKET, NO. 4585 FILED ON: 9/26/2023
HOUSE . . . . . . . . . . . . . . . No. 4143
By Representative Fluker Oakley of Boston, a petition (subject to Joint Rule 12) of Brandy
Fluker Oakley and Andrea Joy Campbell (Attorney General) for legislation to establish a trust
fund to promote environmental justice in the Office of the Attorney General. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act establishing the Environmental Justice Trust Fund.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
establish forthwith a trust fund to promote environmental justice, therefore it is hereby declared
to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 29 of the General Laws is hereby amended by inserting after section
22AAAAAAA the following section:-
3 Section 2BBBBBBB. (a) For the purposes of this section, the term “disadvantaged
4community” shall mean a community in Massachusetts bearing disproportionate economic,
5health, or environmental burdens, including, but not limited to, poverty, high unemployment, air
6and water pollution, disproportionate heat exposure, lack of access to green space, and presence
7of hazardous and solid waste and material, as well as high incidence of cardiovascular and
8respiratory disease and high rates of mortality.
9 (b) There shall be established and set up on the books of the commonwealth a separate
10trust fund to be known as the Environmental Justice Trust fund, which shall be administered by 2 of 2
11the division of environmental protection within the office of the attorney general, established
12under section 11D of chapter 12.
13 (c) Expenditures may be made from the fund, without further appropriation: (i) to fund
14the restoration of any natural resource or the investigation, remediation or mitigation of any
15environmental pollution or harm on or at any real property located in a disadvantaged
16community; (ii) for any project to benefit the community health or well-being, whether to
17address economic, environmental, or other health needs, of a disadvantaged community; or (iii)
18to contribute to an academic or government-funded research project related to environmental
19protection or conservation of natural resources in a disadvantaged community.
20 (d) The fund shall be credited with: (i) appropriations of other money authorized or
21transferred by the general court and specifically designated to be credited to the fund: (ii) funds
22from public or private sources, including, but not limited to gifts, grants, and donations; (iii)
23payments from settlements, judgments, fines or penalties not designated by law for other specific
24statutory purposes in any action brought by the attorney general under section 11D of chapter 12
25or under any provision of any environmental statute that the attorney general may enforce
26providing for a civil penalty for a violation of such provision; and (iv) any interest earned on
27such money. Funds in the trust that remain unexpended at the end of a fiscal year shall not revert
28to the general fund and shall be available for expenditure in subsequent fiscal years.