Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S531 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2294 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 531
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Liz Miranda
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act limiting toxics release inventory facilities in environmental justice communities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Liz MirandaSecond Suffolk 1 of 3
16	16	SENATE DOCKET, NO. 2294 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 531
18	18	By Ms. Miranda, a petition (accompanied by bill, Senate, No. 531) of Liz Miranda for legislation
19	19	to limit toxics release inventory facilities in environmental justice communities. Environment
20	20	and Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act limiting toxics release inventory facilities in environmental justice communities.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Chapter 30 of the General Laws, as so appearing in the 2020 official edition, is hereby
30	30	2amended by inserting the following sections:-
31	31	3 Section 62J. As used in this section and in section 62K, the following definitions shall
32	32	4apply, unless the context clearly requires otherwise:
33	33	5 "Equal Protection," that no group of people, because of race, ethnicity, class, gender,
34	34	6gender identity, or handicap bears an unfair share of environmental pollution from industrial,
35	35	7commercial, state and municipal operations or have limited access to natural resources, including
36	36	8waterfronts, parks and open space, and water resources.
37	37	9 “Executive Office of EEA,” the Executive Office of Energy and Environmental Affairs.
38	38	10 "Lacking English Language Proficiency" refers to households that, according to federal
39	39	11census forms, do not have an adult proficient in English. 2 of 3
40	40	12 “Environmental justice population,” as defined in the Acts of 2021, section 56, chapter 8.
41	41	13 “Secretary of EEA,” the Secretary for Energy and Environmental Affairs.
42	42	14 “Toxics Release Inventory,” the Toxics Release Inventory and Toxics Release Inventory
43	43	15Program of the United States Environmental Protection Agency.
44	44	16 “TRI Facility,” any industrial or commercial facility subject to the regulations, policies,
45	45	17or reporting requirements of the Toxics Release Inventory Program of the United States
46	46	18Environmental Protection Agency or comparable laws or regulations of the Commonwealth for
47	47	19the management and control of pollutants or toxins that pose a significant risk to public health or
48	48	20the environment.
49	49	21 Section 62K. The Secretary of the Executive Office of Energy and Environmental Affairs
50	50	22shall direct each Department, Board, or other agency or program in the Secretariat with
51	51	23jurisdiction over the permitting of any TRI Facility to issue recommendations for ways to
52	52	24substantially decrease the further siting or expansion of TRI Facilities within Environmental
53	53	25Justice Populations neighborhoods. This action shall be undertaken by the Secretary of EEA no
54	54	26later than 30 days after the bill’s passage.
55	55	27 By no later than 180 days after the effective date of this Act, the Secretary of EEA shall
56	56	28initiate a rule-making process that shall establish a cap on the total number of TRI Facilities that
57	57	29may be sited or expanded within any Environmental Justice Population neighborhood. That rule-
58	58	30making process shall prioritize and give substantial weight to achieving a substantial reduction of
59	59	31the risk of the exposure of residents of the neighborhood to toxins listed in the TRI Inventory and
60	60	32shall prioritize and give substantial weight to providing and preserving the access of the residents 3 of 3
61	61	33of the neighborhood to a clean and healthful environment regardless of race, income, national
62	62	34origin or English language proficiency.