Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H997 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 4108 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 997
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adrian C. Madaro
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 improving air quality in airport environmental justice communities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Adrian C. Madaro1st Suffolk1/17/2025William F. MacGregor10th Suffolk3/4/2025 1 of 7
16	16	HOUSE DOCKET, NO. 4108 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 997
18	18	By Representative Madaro of Boston, a petition (accompanied by bill, House, No. 997) of
19	19	Adrian C. Madaro and William F. MacGregor for legislation to require the Massachusetts Port
20	20	Authority to conduct an environmental risk assessment of the health impacts of the General
21	21	Lawrence Logan Airport in the East Boston section of the city of Boston and the town of
22	22	Winthrop. Environment and Natural Resources.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act improving air quality in airport environmental justice communities.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 465 of the Acts of 1956 is hereby amended by adding the following
32	32	25 sections:-
33	33	3 Section 37. (a) Not less than every five years, the department of environmental protection
34	34	4shall require the Authority to promulgate standards and measurements related to air quality and
35	35	5noise levels in the East Boston section of the city of Boston, hereinafter referred to as East
36	36	6Boston. The Department shall review the standards and measurements promulgated by the
37	37	7Authority, and may require the Authority to update said standards and measurements should the
38	38	8Department deem them to be insufficient or inaccurate.
39	39	9 (b) The department of environmental protection shall conduct air monitoring in no less
40	40	10than 3 locations in East Boston. Such air monitoring shall include, but not be limited to, the
41	41	11standards of the department’s annual Air Monitoring Network plan, which it prepares in 2 of 7
42	42	12accordance with Title 40 CFR Part 58.10. The costs of air monitoring in East Boston shall be
43	43	13borne by the Authority.
44	44	14 (b) The Authority shall post air quality and noise level measurements, including, but not
45	45	15limited to, those from department of environmental protection air quality monitors located in
46	46	16East Boston, on a publicly accessible internet website as reasonably frequent as possible. The
47	47	17Authority shall utilize said data in all reporting on the environmental impacts of operations at
48	48	18Logan Airport, including, but not limited to, the report required in section 38.
49	49	19 Section 38. (a) Not less than every five years, the Authority shall prepare and publish a
50	50	20report outlining its strategies and practices for the management of air quality and noise levels in
51	51	21East Boston. The report shall include, but shall not be limited to:
52	52	22 (i) an assessment of current and projected future air quality and noise levels in the East
53	53	23Boston section of the city of Boston, hereinafter referred to as East Boston, that includes but is
54	54	24not limited to air quality data obtained by the department and the Massachusetts Port Authority
55	55	25Community Advisory Committee under Chapter 46 of the Acts of 2013;
56	56	26 (ii) the environmental impact of the General Edward Lawrence Logan International
57	57	27Airport, hereinafter referred to as Logan Airport, on East Boston, particularly in regards to air
58	58	28quality and noise levels; and
59	59	29 (iii) strategies for the management of air quality and noise levels in East Boston,
60	60	30including objectives for the restriction of the levels at which particular substances are present in
61	61	31the air and objectives for restrictions of noise levels. 3 of 7
62	62	32 (b) The strategies and practices identified by the Authority in its report shall include, but
63	63	33shall not be limited to:
64	64	34 (i) standards and measurements relating to air quality and and noise levels in East Boston
65	65	35as approved by the Department pursuant to section 37; objectives for the restriction of the levels
66	66	36at which particular substances are present in the air and objectives for restrictions of noise levels.
67	67	37 (ii) the types of air and noise pollution impacting air quality and noise levels in East
68	68	38Boston, the likely sources of said air and noise pollution, and whether said sources of air and
69	69	39noise pollution are related to operations at Logan Airport.
70	70	40 (ii) an assessment of whether air quality standards and objectives and noise level
71	71	41standards and objectives are being achieved, or are likely to be achieved, within the next five
72	72	42years.
73	73	43 (iv) measures which are to be taken by the Authority, state and local authorities and other
74	74	44persons for the purpose of achieving those objectives.
75	75	45 (c) Before publishing the report or any modification of it, the Authority shall publish a
76	76	46draft of the proposed strategy or modification, together with notice of a date before which, and
77	77	47an address at which, public comments may be made to the Authority concerning the draft so
78	78	48published; provided that the Authority shall consider and include a summary of public comments
79	79	49in its final report. Copies of the draft or any modification shall be made available to the public at
80	80	50no charge.
81	81	51 (d) If, as a result of the report required by this section, it appears that any air quality
82	82	52standards or objectives or noise level standards or objectives are not being achieved, or are not 4 of 7
83	83	53likely to be achieved within five years, the Authority shall identify any specific areas of the East
84	84	54Boston neighborhood in which said air quality standards or objectives or noise level standards or
85	85	55objectives are not likely to be achieved, as well as any sources of air and noise pollution related
86	86	56to operations at Logan Airport which are likely to be responsible.
87	87	57 (e) Where, as a result of the report required by this section, it appears that any air quality
88	88	58standards or objectives or noise level standards and objectives are not being achieved, or will not
89	89	59likely be achieved within five years, the Authority shall designate East Boston as an air quality
90	90	60management area or a noise level management area, hereinafter referred to as the “designated
91	91	61area”, until such time as a subsequent strategy report has shown that both air quality standards
92	92	62and objectives and noise level standards and objectives have been achieved.
93	93	63 Section 39. (a) The Authority, in consultation with state and local government, shall take
94	94	64measures to remediate the designated area. The Authority shall prepare a written action plan to
95	95	65achieve the air quality standards and objectives or noise level standards and objectives in the
96	96	66designated area. The action plan shall include a statement of the timeline within which the
97	97	67Authority proposes to implement each of the proposed measures included in the action plan.
98	98	68 Section 40. (a) If the Authority fails to issue the report as required by section 38, the
99	99	69department of environmental protection, hereinafter referred to as the department, shall issue an
100	100	70order that:
101	101	71 (i) air quality standards or objectives are not being achieved, or are not likely within the
102	102	72relevant period to be achieved by the Authority, within the designated area;
103	103	73 (ii) noise level standards or objectives are not being achieved, or are not likely within the
104	104	74relevant period to be achieved by the Authority, within the designated area; 5 of 7
105	105	75 (iii) that the Authority has failed to discharge any duty imposed on it under sections 37 to
106	106	7639, inclusive;
107	107	77 (iv) that the actions, or proposed actions, of the Authority in purported compliance with
108	108	78the provisions of this act are inappropriate in all the circumstances; or
109	109	79 (v) that developments in science or technology, or material changes in circumstances,
110	110	80have rendered inappropriate the actions or proposed actions of the Authority in pursuance of
111	111	81sections 37 to 39, inclusive.
112	112	82 (b) Upon the issuance of such order the department shall give directions to the Authority
113	113	83requiring it to take steps specified by the department to ensure compliance with sections 37 to
114	114	8439, inclusive; provided that the department shall require the Authority to cause an air quality
115	115	85review or noise level review to be conducted under direction of the department; and provided
116	116	86further that the Authority shall prepare and carry out an action plan in consultation with the East
117	117	87Boston Project Advisory Committee established under chapter 349 of the acts of 1986 that
118	118	88includes the most recent standards and measurements related to air quality and noise levels
119	119	89determined by the department under section 37 and its most recent air quality and noise level
120	120	90review findings.
121	121	91 Section 41. The Authority, in coordination with the bureau of environmental health of the
122	122	92department of public health, shall regularly conduct an environmental risk assessment of the
123	123	93health impacts of the General Lawrence Logan Airport in the East Boston section of the city of
124	124	94Boston and the town of Winthrop. Such assessment shall include, but not be limited to: (1) air
125	125	95quality monitoring, including, but not limited to, utilizing data from air quality monitoring
126	126	96stations operated by the department of environmental protection in the East Boston section of the 6 of 7
127	127	97city of Boston, and the total particle number concentration of both indoor and outdoor spaces; (2)
128	128	98air quality modeling, utilizing data from said air quality monitoring to construct high spatial
129	129	99resolution pollution concentration estimates for the East Boston section of the city of Boston; (3)
130	130	100time activity exposure analysis, utilizing data from said air quality monitoring with a time
131	131	101activity analysis to calculate integrated participant exposure to each pollutant; and (4) health
132	132	102association surveys, to associate pollutant exposure with classes of health outcomes, including,
133	133	103but not limited to: cardiovascular diseases, neurological diseases, respiratory diseases and
134	134	104cancers.
135	135	105 The Authority shall regularly report its findings together with any recommended response
136	136	106actions by the commonwealth not less than every ten years, to be published on the Authority’s
137	137	107website, with a copy transmitted to the house and senate committees on ways and means,
138	138	108beginning not later than January 1, 2030.
139	139	109 SECTION 2. Section 142B of chapter 111 of the General Laws, as appearing in the 2016
140	140	110Official Edition, is hereby amended by striking out the eighth paragraph and inserting in place
141	141	111thereof the following paragraph:-
142	142	112 The department shall maintain and operate such air sampling stations and devices; make
143	143	113or perform such routine and special examinations, inspections, observations, determinations,
144	144	114laboratory analyses, and surveys; maintain such records; and perform such other acts as it deems
145	145	115necessary to conduct an adequate air pollution control program within the metropolitan air
146	146	116pollution control district. The department shall, in its annual Air Monitoring Network plan,
147	147	117which it prepares in accordance with Title 40 CFR Part 58.10, at each location where the
148	148	118department monitors for particulate matter 2.5 micrometers and smaller in diameter, monitor and 7 of 7
149	149	119report for ultrafine particulate matter less than 100 nanometers in diameter, in addition to its
150	150	120other monitoring at those locations.