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2 | 2 | | HOUSE DOCKET, NO. 3589 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 935 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Michelle M. DuBois |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act limiting toxics release inventory facilities in environmental justice communities. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle M. DuBois10th Plymouth1/17/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 3589 FILED ON: 1/17/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 935 |
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18 | 18 | | By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 935) of |
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19 | 19 | | Michelle M. DuBois relative to decreasing the siting or expansion of toxics release inventory |
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20 | 20 | | facilities within certain low income or minority populated neighborhoods. Environment and |
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21 | 21 | | Natural Resources. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE HOUSE, NO. 789 OF 2023-2024.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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27 | 27 | | (2025-2026) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act limiting toxics release inventory facilities in environmental justice communities. |
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30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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31 | 31 | | of the same, as follows: |
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32 | 32 | | 1 Chapter 30 of the General Laws, as so appearing in the 2020 official edition, is hereby |
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33 | 33 | | 2amended by inserting the following sections:- |
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34 | 34 | | 3 Section 62J. As used in this section and in section 62K, the following definitions shall |
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35 | 35 | | 4apply, unless the context clearly requires otherwise: |
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36 | 36 | | 5 "Equal Protection," that no group of people, because of race, ethnicity, class, gender, |
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37 | 37 | | 6gender identity, or handicap bears an unfair share of environmental pollution from industrial, |
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38 | 38 | | 7commercial, state and municipal operations or have limited access to natural resources, including |
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39 | 39 | | 8waterfronts, parks and open space, and water resources. 2 of 3 |
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40 | 40 | | 9 “Executive Office of EEA,” the Executive Office of Energy and Environmental Affairs. |
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41 | 41 | | 10 "Lacking English Language Proficiency" refers to households that, according to federal |
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42 | 42 | | 11census forms, do not have an adult proficient in English. |
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43 | 43 | | 12 “Environmental justice population,” as defined in the Acts of 2021, section 56, chapter 8. |
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44 | 44 | | 13 “Secretary of EEA,” the Secretary for Energy and Environmental Affairs. |
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45 | 45 | | 14 “Toxics Release Inventory,” the Toxics Release Inventory and Toxics Release Inventory |
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46 | 46 | | 15Program of the United States Environmental Protection Agency. |
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47 | 47 | | 16 “TRI Facility,” any industrial or commercial facility subject to the regulations, policies, |
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48 | 48 | | 17or reporting requirements of the Toxics Release Inventory Program of the United States |
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49 | 49 | | 18Environmental Protection Agency or comparable laws or regulations of the Commonwealth for |
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50 | 50 | | 19the management and control of pollutants or toxins that pose a significant risk to public health or |
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51 | 51 | | 20the environment. |
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52 | 52 | | 21 Section 62K. The Secretary of the Executive Office of Energy and Environmental Affairs |
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53 | 53 | | 22shall direct each Department, Board, or other agency or program in the Secretariat with |
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54 | 54 | | 23jurisdiction over the permitting of any TRI Facility to issue recommendations for ways to |
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55 | 55 | | 24substantially decrease the further siting or expansion of TRI Facilities within Environmental |
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56 | 56 | | 25Justice Populations neighborhoods. This action shall be undertaken by the Secretary of EEA no |
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57 | 57 | | 26later than 30 days after the bill’s passage. |
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58 | 58 | | 27 By no later than 180 days after the effective date of this Act, the Secretary of EEA shall |
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59 | 59 | | 28initiate a rule-making process that shall establish a cap on the total number of TRI Facilities that |
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60 | 60 | | 29may be sited or expanded within any Environmental Justice Population neighborhood. That rule- 3 of 3 |
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61 | 61 | | 30making process shall prioritize and give substantial weight to achieving a substantial reduction of |
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62 | 62 | | 31the risk of the exposure of residents of the neighborhood to toxins listed in the TRI Inventory and |
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63 | 63 | | 32shall prioritize and give substantial weight to providing and preserving the access of the residents |
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64 | 64 | | 33of the neighborhood to a clean and healthful environment regardless of race, income, national |
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65 | 65 | | 34origin or English language proficiency. |
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