Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2374 Latest Draft

Bill / Introduced Version Filed 03/22/2023

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