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HOUSE DOCKET, NO. 1924 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 2369
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Christine P. Barber and Mike Connolly
_________________
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 to ensure cleaner air for communities overburdened by outdoor air pollution.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Christine P. Barber34th Middlesex1/15/2025Mindy Domb3rd Hampshire1/17/2025Mike Connolly26th Middlesex1/30/2025Natalie M. Blais1st Franklin1/30/2025James C. Arena-DeRosa8th Middlesex2/21/2025Jennifer Balinsky Armini8th Essex2/11/2025Marjorie C. Decker25th Middlesex2/14/2025James B. EldridgeMiddlesex and Worcester2/27/2025Natalie M. Higgins4th Worcester3/5/2025Tara T. Hong18th Middlesex2/21/2025Patrick Joseph Kearney4th Plymouth2/5/2025Mary S. Keefe15th Worcester3/4/2025David Paul Linsky5th Middlesex2/18/2025Adrian C. Madaro1st Suffolk3/11/2025Paul McMurtry11th Norfolk2/25/2025Samantha Montaño15th Suffolk2/1/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/7/2025Steven Owens29th Middlesex3/9/2025 2 of 2
Adrianne Pusateri Ramos14th Essex3/6/2025Lindsay N. Sabadosa1st Hampshire2/18/2025Danillo A. Sena37th Middlesex3/10/2025Bruce E. TarrFirst Essex and Middlesex2/26/2025Chynah Tyler7th Suffolk2/18/2025Erika Uyterhoeven27th Middlesex2/6/2025 1 of 6
HOUSE DOCKET, NO. 1924 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 2369
By Representatives Barber of Somerville and Connolly of Cambridge, a petition (accompanied
by bill, House, No. 2369) of Christine P. Barber, Mindy Domb and others relative to
communities with high cumulative exposure burdens to toxic outdoor air contaminants and
criteria pollutants. Public Health.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act to ensure cleaner air for communities overburdened by outdoor air pollution.
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. Chapter 21A of the General Laws, as appearing in the 2022 Official
2Edition, is hereby amended by inserting after section 18A the following section:--
3 Section 18B. (a) As used in this section, the following words shall, unless the context
4otherwise requires, have the following meanings:—
5 “black carbon,” those fine particles less than or equal to 2.5 micrometers in diameter
6commonly known as soot.
7 “department,” the department of environmental protection.
8 “environmental justice population,” the populations defined in section 62 of chapter 30. 2 of 6
9 “HEPA filtration,” a high efficiency particulate arrestance filtration system that removes
10at least 99 percent of dust, pollen, mold, bacteria, and any airborne particles with a size of 0.3-
1110.0 microns and is equivalent to a MERV 17, MERV 18, MERV 19, or MERV 20 filter.
12 “MERV 16 filter,” a minimum efficiency reporting value filtration system that removes
13at least 95 percent of dust, pollen, mold, bacteria, and any airborne particles with a size of 0.3-
1410.0 microns.
15 “particulate matter,” and “particulates,” a broad class of chemically and physically
16diverse substances that exist as discrete particles in air, including coarse, fine, and ultrafine
17particles.
18 “fine particulate matter,” and “fine particulates,” particulate matter less than or equal to
192.5 micrometers in diameter.
20 “ultrafine particulate matter,” and “ultrafine particulates,” particulate matter less than or
21equal to 0.1 micrometers in diameter.
22 (b) The department, in consultation with the department of public health, shall convene a
23technical air quality advisory committee comprised of: residents of environmental justice
24populations living adjacent to major highways; academics with expertise in outdoor air
25monitoring, environmental health, air toxics, and air pollution; and labor representatives; for the
26purpose of identifying communities with high cumulative exposure burdens to toxic outdoor air
27contaminants and criteria pollutants.
28 Said advisory committee shall consist of: 1 person appointed by the Governor with a
29background in background in public health or environmental policy, who shall serve as Chair; 2 3 of 6
30persons appointed by the secretary of the executive office of energy and environmental affairs
31with a background in public health or environmental justice; 1 person appointed by the Attorney
32General with a background in environmental law or regulatory compliance; and 5 persons who
33shall be representatives of community-based or environmental justice organizations, 2 of whom
34shall be appointed by the Governor, 1 of whom shall be appointed by the Speaker of the House, 1
35of whom shall be appointed by the Senate President, and 1 of whom shall be appointed by the
36Attorney General.
37 When making appointments, an appointing authority shall select individuals who are
38from, or have experience advocating for, communities that have been disproportionately harmed
39by air pollution and environmental injustice.
40 Any vacancy in a seat on the advisory committee shall be filled by the appropriate
41appointing authority within 60 days of the vacancy. The appointing authority may remove an
42advisory board member who was appointed by that appointing authority for cause. Before
43removal, the advisory board member shall be provided with a written statement of the reason for
44removal and an opportunity to be heard.
45 The department shall convene the technical advisory committee by December 1, 2025.
46No later than June 30, 2026 and every three years thereafter, the technical advisory committee
47shall identify the likely air pollution hotspots due to high concentrations of traffic- and industry-
48related air pollution throughout the Commonwealth that should be equipped with new or
49expanded air monitors and establish a definition of “air quality” and “air quality target
50pollutants” that includes, but is not limited to, consideration of criteria pollutants, black carbon,
51and ultrafine particulate matter. 4 of 6
52 The advisory committee shall provide recommendations regarding the installation of air
53filtration in eligible buildings located within 200 meters of a class 1, class 2 or class 3 roadway,
54marine terminal, airport, or a train station or train yard serving diesel locomotives. Eligible
55buildings include: (i) existing residential public housing; (ii) existing residential private
56multifamily housing with more than two tenant-occupied units; (iii) existing public schools
57serving students of any age in grades kindergarten through twelfth grade; (iv) existing private
58schools serving students of any age in grades kindergarten through twelfth grade; (v) existing
59charter schools serving students of any age in grades kindergarten through twelfth grade; (vi)
60existing college and university buildings with one or more classrooms; (vii) existing commercial
61buildings with businesses that have five or more full-time employees; and (viii) existing
62correctional facilities, including prisons and jails.
63 The advisory committee shall identify funding sources to provide incentives for eligible
64buildings that are schools, private housing, and public housing to cover the cost of installing air
65filtration equipment.
66 Air filtration equipment installed in eligible buildings that are schools, commercial
67buildings greater than 20,000 square feet, and residential buildings with more than 10 units shall
68be MERV 16 or other equipment that removes at least the same amount of ultrafine particulate
69matter as a MERV 16 filter.
70 (c) By December 31, 2026, the department shall install and operate stationary air
71monitors in at least eight air pollution hotspots that measure for at least one of the following
72pollutants: black carbon, nitrogen oxides, ultrafine particulate matter. 5 of 6
73 By June 30, 2027, the department shall establish baseline air quality in air pollution
74hotspots. Data from the air monitors shall be publicly accessible and provide near-time
75information. The department shall work with residents of environmental justice populations to
76conduct participatory action research where residents can use mobile air sensors to expand the
77number of locations where residents can track air quality. Once those hotspots are determined
78and the baseline data is established, the department of environmental protection shall set annual
79targets to decrease air quality target pollutants between 2026 and 2035 to improve the air quality
80in that location. Air monitoring data shall be collected every three years between 2026 and 2035
81to measure progress toward achieving air quality target pollutants reduction targets and make
82such data publicly available.
83 By December 31, 2030, the department shall ensure that air pollution hotspots achieve air
84quality target pollutant concentrations that are at least 50 percent below the baseline in each
85hotspot and certify as such by publicly reporting compliance.
86 By December 31, 2035, the department shall ensure that air quality target pollutants
87concentrations in hotspots are at least 75 percent below the baseline in each hotspot and certify
88as such by publicly reporting compliance.
89 (d) The provisions of this section may be enforced by means of an action in the superior
90court seeking either injunctive relief, a declaratory judgment, a writ of mandamus or any
91combination thereof. No such action may be commenced without the plaintiff providing written
92notice of the violations of this chapter to defendants at least 60 days prior to filing a legal action
93in superior court. All persons shall have standing to commence such enforcement actions. 6 of 6
94Reasonable attorneys’ fees shall be recoverable by all substantially prevailing plaintiffs who seek
95relief under this section.