Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1548 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1086 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1548
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patricia D. Jehlen
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 to ensure cleaner air for communities overburdened by outdoor air pollution.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Patricia D. JehlenSecond MiddlesexJoanne M. ComerfordHampshire, Franklin and Worcester1/31/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/7/2025Sal N. DiDomenicoMiddlesex and Suffolk2/21/2025John F. KeenanNorfolk and Plymouth2/21/2025Bruce E. TarrFirst Essex and Middlesex3/10/2025James B. EldridgeMiddlesex and Worcester3/10/2025Jason M. LewisFifth Middlesex3/10/2025Michael O. MooreSecond Worcester3/10/2025Robyn K. KennedyFirst Worcester3/10/2025 1 of 6
16	16	SENATE DOCKET, NO. 1086 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1548
18	18	By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1548) of Patricia D. Jehlen, Joanne
19	19	M. Comerford, Jacob R. Oliveira, Sal N. DiDomenico and other members of the Senate for
20	20	legislation to improve outdoor and indoor air quality for communities burdened by transportation
21	21	pollution. Public Health.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 1382 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act to ensure cleaner air for communities overburdened by outdoor air pollution.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 21A of the General Laws, as appearing in the 2022 Official
33	33	2Edition, is hereby amended by inserting after section 18A the following section:-
34	34	3 Section 18B. (a) As used in this section, the following words shall, unless the context
35	35	4otherwise requires, have the following meanings:—
36	36	5 “black carbon,” those fine particles less than or equal to 2.5 micrometers in diameter
37	37	6commonly known as soot.
38	38	7 “department,” the department of environmental protection.
39	39	8 “environmental justice population,” the populations defined in section 62 of chapter 30. 2 of 6
40	40	9 “HEPA filtration,” a high efficiency particulate arrestance filtration system that removes
41	41	10at least 99 percent of dust, pollen, mold, bacteria, and any airborne particles with a size of 0.3-
42	42	1110.0 microns and is equivalent to a MERV 17, MERV 18, MERV 19, or MERV 20 filter.
43	43	12 “MERV 16 filter,” a minimum efficiency reporting value filtration system that removes
44	44	13at least 95 percent of dust, pollen, mold, bacteria, and any airborne particles with a size of 0.3-
45	45	1410.0 microns.
46	46	15 “particulate matter,” and “particulates,” a broad class of chemically and physically
47	47	16diverse substances that exist as discrete particles in air, including coarse, fine, and ultrafine
48	48	17particles.
49	49	18 “fine particulate matter,” and “fine particulates,” particulate matter less than or equal to
50	50	192.5 micrometers in diameter.
51	51	20 “ultrafine particulate matter,” and “ultrafine particulates,” particulate matter less than or
52	52	21equal to 0.1 micrometers in diameter.
53	53	22 (b) The department, in consultation with the department of public health, shall convene a
54	54	23technical air quality advisory committee comprised of: residents of environmental justice
55	55	24populations living adjacent to major highways; academics with expertise in outdoor air
56	56	25monitoring, environmental health, air toxics, and air pollution; and labor representatives; for the
57	57	26purpose of identifying communities with high cumulative exposure burdens to toxic outdoor air
58	58	27contaminants and criteria pollutants.
59	59	28 Said advisory committee shall consist of: 1 person appointed by the Governor with a
60	60	29background in background in public health or environmental policy, who shall serve as Chair; 2 3 of 6
61	61	30persons appointed by the secretary of the executive office of energy and environmental affairs
62	62	31with a background in public health or environmental justice; 1 person appointed by the Attorney
63	63	32General with a background in environmental law or regulatory compliance; and 5 persons who
64	64	33shall be representatives of community-based or environmental justice organizations, 2 of whom
65	65	34shall be appointed by the Governor, 1 of whom shall be appointed by the Speaker of the House, 1
66	66	35of whom shall be appointed by the Senate President, and 1 of whom shall be appointed by the
67	67	36Attorney General.
68	68	37 When making appointments, an appointing authority shall select individuals who are
69	69	38from, or have experience advocating for, communities that have been disproportionately harmed
70	70	39by air pollution and environmental injustice.
71	71	40 Any vacancy in a seat on the advisory committee shall be filled by the appropriate
72	72	41appointing authority within 60 days of the vacancy. The appointing authority may remove an
73	73	42advisory board member who was appointed by that appointing authority for cause. Before
74	74	43removal, the advisory board member shall be provided with a written statement of the reason for
75	75	44removal and an opportunity to be heard.
76	76	45 The department shall convene the technical advisory committee by December 1, 2025.
77	77	46No later than June 30, 2026 and every three years thereafter, the technical advisory committee
78	78	47shall identify the likely air pollution hotspots due to high concentrations of traffic- and industry-
79	79	48related air pollution throughout the Commonwealth that should be equipped with new or
80	80	49expanded air monitors and establish a definition of “air quality” and “air quality target
81	81	50pollutants” that includes, but is not limited to, consideration of criteria pollutants, black carbon,
82	82	51and ultrafine particulate matter. 4 of 6
83	83	52 The advisory committee shall provide recommendations regarding the installation of air
84	84	53filtration in eligible buildings located within 200 meters of a class 1, class 2 or class 3 roadway,
85	85	54marine terminal, airport, or a train station or train yard serving diesel locomotives. Eligible
86	86	55buildings include: (i) existing residential public housing; (ii) existing residential private
87	87	56multifamily housing with more than two tenant-occupied units; (iii) existing public schools
88	88	57serving students of any age in grades kindergarten through twelfth grade; (iv) existing private
89	89	58schools serving students of any age in grades kindergarten through twelfth grade; (v) existing
90	90	59charter schools serving students of any age in grades kindergarten through twelfth grade; (vi)
91	91	60existing college and university buildings with one or more classrooms; (vii) existing commercial
92	92	61buildings with businesses that have five or more full-time employees; and (viii) existing
93	93	62correctional facilities, including prisons and jails.
94	94	63 The advisory committee shall identify funding sources to provide incentives for eligible
95	95	64buildings that are schools, private housing, and public housing to cover the cost of installing air
96	96	65filtration equipment.
97	97	66 Air filtration equipment installed in eligible buildings that are schools, commercial
98	98	67buildings greater than 20,000 square feet, and residential buildings with more than 10 units shall
99	99	68be MERV 16 or other equipment that removes at least the same amount of ultrafine particulate
100	100	69matter as a MERV 16 filter.
101	101	70 (c) By December 31, 2026, the department shall install and operate stationary air
102	102	71monitors in at least eight air pollution hotspots that measure for at least one of the following
103	103	72pollutants: black carbon, nitrogen oxides, ultrafine particulate matter. 5 of 6
104	104	73 By June 30, 2027, the department shall establish baseline air quality in air pollution
105	105	74hotspots. Data from the air monitors shall be publicly accessible and provide near-time
106	106	75information. The department shall work with residents of environmental justice populations to
107	107	76conduct participatory action research where residents can use mobile air sensors to expand the
108	108	77number of locations where residents can track air quality. Once those hotspots are determined
109	109	78and the baseline data is established, the department of
110	110	79 environmental protection shall set annual targets to decrease air quality target pollutants
111	111	80between 2026 and 2035 to improve the air quality in that location. Air monitoring data shall be
112	112	81collected every three years between 2026 and 2035 to measure progress toward achieving air
113	113	82quality target pollutants reduction targets and make such data publicly available.
114	114	83 By December 31, 2030, the department shall ensure that air pollution hotspots achieve air
115	115	84quality target pollutant concentrations that are at least 50 percent below the baseline in each
116	116	85hotspot and certify as such by publicly reporting compliance.
117	117	86 By December 31, 2035, the department shall ensure that air quality target pollutants
118	118	87concentrations in hotspots are at least 75 percent below the baseline in each hotspot and certify
119	119	88as such by publicly reporting compliance.
120	120	89 (d) The provisions of this section may be enforced by means of an action in the superior
121	121	90court seeking either injunctive relief, a declaratory judgment, a writ of mandamus or any
122	122	91combination thereof. No such action may be commenced without the plaintiff providing written
123	123	92notice of the violations of this chapter to defendants at least 60 days prior to filing a legal action
124	124	93in superior court. All persons shall have standing to commence such enforcement actions. 6 of 6
125	125	94Reasonable attorneys’ fees shall be recoverable by all substantially prevailing plaintiffs who seek
126	126	95relief under this section.