Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2374 Compare Versions

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22 SENATE DOCKET, NO. 2508 FILED ON: 3/15/2023
33 SENATE . . . . . . . . . . . . . . No. 2374
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Lydia Edwards
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act securing environmental justice in the city of Boston.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Lydia EdwardsThird Suffolk 1 of 2
1616 SENATE DOCKET, NO. 2508 FILED ON: 3/15/2023
1717 SENATE . . . . . . . . . . . . . . No. 2374
1818 By Ms. Edwards, a petition (accompanied by bill, Senate, No. 2374) of Lydia Edwards (with
1919 approval of the mayor and city council) for legislation relative to the promulgation of zoning
2020 rules and regulations in the city of Boston. Municipalities and Regional Government. [Local
2121 approval received]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Third General Court
2525 (2023-2024)
2626 _______________
2727 An Act securing environmental justice in the city of Boston.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Section 6 of Chapter 665 of the Acts of 1956, as amended, is hereby
3131 2amended by striking out the section in its entirety and inserting in place thereof the following
3232 3section:-
3333 4 The Boston Zoning Commission shall in consultation with the state Environmental
3434 5Advisory Council, Public Service Corporations, environmental justice advocates within one
3535 6calendar year of enactment of this section, promulgate zoning rules and regulations to govern the
3636 7review of filings petitions or proposals by public service corporations and the standards for
3737 8environmental justice enforcement within the City of Boston’s building code.
3838 9 SECTION 2. Section 7 of Chapter 665 of the Acts of 1956, as amended, is hereby
3939 10amended by inserting at the conclusion of Section 7 of the following paragraph:- 2 of 2
4040 11 Upon a determination that a use or a proposed use of a building structure, facility, or land
4141 12in the City of Boston would impede the attainment of environmental rights afforded to residents
4242 13of the Commonwealth pursuant to Article XCVII of the Massachusetts Constitution, or prevent
4343 14the implementation of the Environmental Justice principles as defined in Chapter 8 of the Acts of
4444 152021, or prevent the preservation and protection of the rights in tidelands of the inhabitants of the
4545 16Commonwealth as defined in Chapter 91 of the General Laws, the Building Commissioner shall
4646 17indicate the purpose, rationale, conditions and duration or permanency of such order, and provide
4747 18instruction to public officers concerning the suspension or rescission of any permit, license or
4848 19authorization associated with such use or proposed use. The Building Commissioner shall within
4949 20one year of enforcement, submit a report that at the very minimum summarizes the enforcement
5050 21process, number of complaints, any disparities, information about repeat offenders. This report
5151 22shall be made public and presented to the City Council.
5252 23 SECTION 3. The provisions of this ordinance are severable and if any provision, or
5353 24portion thereof, should be held to be unconstitutional or otherwise invalid by any court of
5454 25competent jurisdiction, such unconstitutionality or invalidity shall not affect the remaining
5555 26provisions, which remain in full force and effect.