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SENATE DOCKET, NO. 1070 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1443
The Commonwealth of Massachusetts
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PRESENTED BY:
Patrick M. O'Connor
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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 relative to protecting air quality from carbon-emitting energy generators.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 2
SENATE DOCKET, NO. 1070 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1443
By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1443) of Patrick M. O'Connor for
legislation to protect air quality from carbon-emitting energy generators. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1501 OF 2021-2022.]
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 relative to protecting air quality from carbon-emitting energy generators.
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 111 of the General Laws is hereby amended by inserting after section 142E the
2following new section:-
3 Section 142E 1/2. The department shall not approve an air quality plan or operating
4permit for a facility associated with the generation or transport of carbon-emitting energy sources
5to be located in any area where any air pollutant chemical or air pollutant compound as defined
6in 42 USC s. 7412 exceeds the ambient air toxics guidelines set forth by the department of
7environmental protection unless the applicant demonstrates to the department, and the
8department makes a finding, that operation of the facility is impossible at any other site in the
9commonwealth and that denial of the application is incompatible and irreconcilable with the 2 of 2
10policies established under section 69H of chapter 164 to provide a necessary energy supply for
11the commonwealth with a minimum impact on the environment.
12 SECTION 2. Section 69J of Chapter 164 of the General Laws, as appearing in the 2016
13Official Edition, is hereby amended by inserting after the word “policies” in line 65 the
14following words:-
15 “permitting, and licensure requirements,”