Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H935 Compare Versions

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22 HOUSE DOCKET, NO. 3589 FILED ON: 1/17/2025
33 HOUSE . . . . . . . . . . . . . . . No. 935
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Michelle M. DuBois
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act limiting toxics release inventory facilities in environmental justice communities.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle M. DuBois10th Plymouth1/17/2025 1 of 3
1616 HOUSE DOCKET, NO. 3589 FILED ON: 1/17/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 935
1818 By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 935) of
1919 Michelle M. DuBois relative to decreasing the siting or expansion of toxics release inventory
2020 facilities within certain low income or minority populated neighborhoods. Environment and
2121 Natural Resources.
2222 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2323 SEE HOUSE, NO. 789 OF 2023-2024.]
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Fourth General Court
2727 (2025-2026)
2828 _______________
2929 An Act limiting toxics release inventory facilities in environmental justice communities.
3030 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3131 of the same, as follows:
3232 1 Chapter 30 of the General Laws, as so appearing in the 2020 official edition, is hereby
3333 2amended by inserting the following sections:-
3434 3 Section 62J. As used in this section and in section 62K, the following definitions shall
3535 4apply, unless the context clearly requires otherwise:
3636 5 "Equal Protection," that no group of people, because of race, ethnicity, class, gender,
3737 6gender identity, or handicap bears an unfair share of environmental pollution from industrial,
3838 7commercial, state and municipal operations or have limited access to natural resources, including
3939 8waterfronts, parks and open space, and water resources. 2 of 3
4040 9 “Executive Office of EEA,” the Executive Office of Energy and Environmental Affairs.
4141 10 "Lacking English Language Proficiency" refers to households that, according to federal
4242 11census forms, do not have an adult proficient in English.
4343 12 “Environmental justice population,” as defined in the Acts of 2021, section 56, chapter 8.
4444 13 “Secretary of EEA,” the Secretary for Energy and Environmental Affairs.
4545 14 “Toxics Release Inventory,” the Toxics Release Inventory and Toxics Release Inventory
4646 15Program of the United States Environmental Protection Agency.
4747 16 “TRI Facility,” any industrial or commercial facility subject to the regulations, policies,
4848 17or reporting requirements of the Toxics Release Inventory Program of the United States
4949 18Environmental Protection Agency or comparable laws or regulations of the Commonwealth for
5050 19the management and control of pollutants or toxins that pose a significant risk to public health or
5151 20the environment.
5252 21 Section 62K. The Secretary of the Executive Office of Energy and Environmental Affairs
5353 22shall direct each Department, Board, or other agency or program in the Secretariat with
5454 23jurisdiction over the permitting of any TRI Facility to issue recommendations for ways to
5555 24substantially decrease the further siting or expansion of TRI Facilities within Environmental
5656 25Justice Populations neighborhoods. This action shall be undertaken by the Secretary of EEA no
5757 26later than 30 days after the bill’s passage.
5858 27 By no later than 180 days after the effective date of this Act, the Secretary of EEA shall
5959 28initiate a rule-making process that shall establish a cap on the total number of TRI Facilities that
6060 29may be sited or expanded within any Environmental Justice Population neighborhood. That rule- 3 of 3
6161 30making process shall prioritize and give substantial weight to achieving a substantial reduction of
6262 31the risk of the exposure of residents of the neighborhood to toxins listed in the TRI Inventory and
6363 32shall prioritize and give substantial weight to providing and preserving the access of the residents
6464 33of the neighborhood to a clean and healthful environment regardless of race, income, national
6565 34origin or English language proficiency.