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2 | 2 | | SENATE DOCKET, NO. 2508 FILED ON: 3/15/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2374 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Lydia Edwards |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act securing environmental justice in the city of Boston. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Lydia EdwardsThird Suffolk 1 of 2 |
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16 | 16 | | SENATE DOCKET, NO. 2508 FILED ON: 3/15/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2374 |
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18 | 18 | | By Ms. Edwards, a petition (accompanied by bill, Senate, No. 2374) of Lydia Edwards (with |
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19 | 19 | | approval of the mayor and city council) for legislation relative to the promulgation of zoning |
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20 | 20 | | rules and regulations in the city of Boston. Municipalities and Regional Government. [Local |
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21 | 21 | | approval received] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act securing environmental justice in the city of Boston. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 6 of Chapter 665 of the Acts of 1956, as amended, is hereby |
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31 | 31 | | 2amended by striking out the section in its entirety and inserting in place thereof the following |
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32 | 32 | | 3section:- |
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33 | 33 | | 4 The Boston Zoning Commission shall in consultation with the state Environmental |
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34 | 34 | | 5Advisory Council, Public Service Corporations, environmental justice advocates within one |
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35 | 35 | | 6calendar year of enactment of this section, promulgate zoning rules and regulations to govern the |
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36 | 36 | | 7review of filings petitions or proposals by public service corporations and the standards for |
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37 | 37 | | 8environmental justice enforcement within the City of Boston’s building code. |
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38 | 38 | | 9 SECTION 2. Section 7 of Chapter 665 of the Acts of 1956, as amended, is hereby |
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39 | 39 | | 10amended by inserting at the conclusion of Section 7 of the following paragraph:- 2 of 2 |
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40 | 40 | | 11 Upon a determination that a use or a proposed use of a building structure, facility, or land |
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41 | 41 | | 12in the City of Boston would impede the attainment of environmental rights afforded to residents |
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42 | 42 | | 13of the Commonwealth pursuant to Article XCVII of the Massachusetts Constitution, or prevent |
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43 | 43 | | 14the implementation of the Environmental Justice principles as defined in Chapter 8 of the Acts of |
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44 | 44 | | 152021, or prevent the preservation and protection of the rights in tidelands of the inhabitants of the |
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45 | 45 | | 16Commonwealth as defined in Chapter 91 of the General Laws, the Building Commissioner shall |
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46 | 46 | | 17indicate the purpose, rationale, conditions and duration or permanency of such order, and provide |
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47 | 47 | | 18instruction to public officers concerning the suspension or rescission of any permit, license or |
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48 | 48 | | 19authorization associated with such use or proposed use. The Building Commissioner shall within |
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49 | 49 | | 20one year of enforcement, submit a report that at the very minimum summarizes the enforcement |
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50 | 50 | | 21process, number of complaints, any disparities, information about repeat offenders. This report |
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51 | 51 | | 22shall be made public and presented to the City Council. |
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52 | 52 | | 23 SECTION 3. The provisions of this ordinance are severable and if any provision, or |
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53 | 53 | | 24portion thereof, should be held to be unconstitutional or otherwise invalid by any court of |
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54 | 54 | | 25competent jurisdiction, such unconstitutionality or invalidity shall not affect the remaining |
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55 | 55 | | 26provisions, which remain in full force and effect. |
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