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