Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S636 Compare Versions

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22 SENATE DOCKET, NO. 2033 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 636
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Liz Miranda
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 to improve environmental justice in the Commonwealth.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Liz MirandaSecond Suffolk 1 of 6
1616 SENATE DOCKET, NO. 2033 FILED ON: 1/17/2025
1717 SENATE . . . . . . . . . . . . . . No. 636
1818 By Ms. Miranda, a petition (accompanied by bill, Senate, No. 636) of Liz Miranda for legislation
1919 to improve environmental justice in the Commonwealth by establishing the Green Zones Act.
2020 Environment and Natural Resources.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE DOCKET, NO. 2493 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act to improve environmental justice in the Commonwealth.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Whereas Black/African American, Asian, Indigenous, Latino/Hispanic, and
3232 2low-income persons of the Commonwealth have been adversely and disproportionally impacted
3333 3by environmental burdens posed by living and working in environmental justice neighborhoods,
3434 4it is the intention of the general court, to authorize meaningful actions to redress said impacts. To
3535 5achieve the purposes as stated in this section as well as sections 2 and 3, inclusive, this Act shall
3636 6be known as the Commonwealth GREEN ZONES ACT.
3737 7 SECTION 2. As used in sections 1 through 4, inclusive, the following words shall, unless
3838 8the context clearly requires otherwise, have the following meanings:— 2 of 6
3939 9 “Environmental Audit” means a comprehensive study undertaken by the secretary for the
4040 10purpose of identifying and quantifying the number and type of environmental burdens as defined
4141 11herein and shall include but not be limited public health data, public safety data, energy burden,
4242 12transportation access data, and land use where such data is useful in quantifying the
4343 13environmental burden within an environmental justice neighborhood.
4444 14 Where clusters of environmental burden and/or opportunity to create environmental
4545 15sustainability and Environmental resilience exist, those areas will be defined as “Green Zones”
4646 16for the purpose of planning and funding.
4747 17 The audit will include determining prior causes of environmental burden, where possible,
4848 18if those conditions still exist, and the ideal future “Green” state.
4949 19 “Environmental Burdens” means (a) any destruction, damage, or impairment of natural
5050 20resources that is not insignificant, resulting from intentional or reasonably foreseeable causes,
5151 21including but not limited to climate change, air pollution, water pollution, soil contamination,
5252 22improper sewage disposal, dumping of solid wastes and other noxious substances, excessive
5353 23noise, activities that limit access to natural resources and constructed outdoor recreational
5454 24facilities and venues, inadequate remediation of pollution, reduction of ground water levels,
5555 25impairment of water quality, increased flooding or storm water flows, and damage to inland
5656 26waterways and waterbodies, wetlands, marine shores and waters, forests, open spaces, and
5757 27playgrounds from private industrial, residential, commercial and government operations or other
5858 28activity that contaminates or alters the quality of the environment and poses a risk to public
5959 29health. 3 of 6
6060 30 “Environmental sustainability” means the ability to maintain an ecological balance in the
6161 31natural environment and conserve natural resources to support the wellbeing of current
6262 32and future generations.
6363 33 “Environmental resilience” means the capacity of an ecosystem to respond to a
6464 34perturbation or disturbance by resisting damage and recovering quickly.
6565 35 “Environmental Justice Neighborhood” means a neighborhood located within a
6666 36municipality designated as an Environmental Justice Community and which meets one or more
6767 37of the following criteria: (i) the annual median household income is not more than 65 per cent of
6868 38the statewide annual median household income; (ii) minority individuals comprise 40 per cent or
6969 39more of the population; (iii) 25 per cent or more of households lack English language proficiency
7070 40or (iv) minorities comprise 25 per cent or more of the population and the annual median
7171 41household income of the municipality in which the neighborhood is located does not exceed 150
7272 42per cent of the statewide annual median household income.
7373 43 “Green Zone” means an area or areas within a targeted environmental justice
7474 44neighborhood identified pursuant to an environmental audit in which specific strategies to
7575 45mitigate, redress and eliminate environmental burdens and the ability to improve and increase
7676 46environmental sustainability and resilience exists.
7777 47 "Lack English Language Proficiency" refers to households that, according to federal
7878 48census forms, do not have an adult proficient in English.
7979 49 “Minority” refers to individuals who identify themselves Latino/Hispanic, Black/African
8080 50American, Asian, Indigenous people, and people who otherwise identify as non-white. 4 of 6
8181 51 “Neighborhood” means a census block group as defined by the U.S. Census Bureau but
8282 52not including individuals who live in college dormitories or individuals under formally
8383 53authorized, supervised care or custody, including but not limited to federal prisons, state prisons,
8484 54or a county house of corrections.
8585 55 ''Officer'', ''officers'' and ''administrative officers'', means, when used without further
8686 56qualification or description, any person or persons in charge of any department or division of a
8787 57city.
8888 58 “Secretary” means the secretary of the executive office of energy and environmental
8989 59affairs.
9090 60 “Targeted Environmental Justice Community” means a municipality designated as an
9191 61environmental justice community and that meets two or more of the following criteria: (i) the
9292 62municipality is comprised of 100 or more block groups; (ii) the percentage of block groups
9393 63defined as environmental justice block groups is not less than 75% of all block groups located
9494 64within the municipality; or (iii) the population of individuals residing within environmental
9595 65justice block groups is not less than 100,000
9696 66 “Targeted Environmental Justice Neighborhood” means an environmental justice
9797 67neighborhood within a Targeted Environmental Justice Community in which areas within the
9898 68environmental justice neighborhood may be designated or otherwise identified as green zones.
9999 69 SECTION 3. (a) Notwithstanding any general or special law to the contrary, the
100100 70Secretary of the Executive Office of Environmental Affairs is hereby authorized and directed to
101101 71conduct an environmental audit of environmental justice neighborhoods located within the
102102 72Commonwealth. 5 of 6
103103 73 (b) In furtherance of conducting the environmental audit, the secretary is hereby
104104 74authorized to create an environmental audit working group, consisting of not less than nine
105105 75persons who live or work in an environmental justice neighborhood, to provide advice to the
106106 76secretary on the conduct of said environmental audit. Said members of the environmental audit
107107 77working group shall serve without compensation but may be reimbursed for expenses necessarily
108108 78incurred in the performance of serving on the working group.
109109 79 (c) The secretary upon completion of an environmental audit shall transmit the findings
110110 80of said environmental audit, in report format, to the officer of the municipality in which the
111111 81environmental justice neighborhood is located, pursuant to the environment audit, shall identify
112112 82and designate within said environmental justice neighborhoods areas to be known as green
113113 83zones.
114114 84 (d) Pursuant to subsections (a) and (b) of this section, the secretary shall, bi-annually, not
115115 85later than October 1, shall report to the clerks of the house of representatives and senate, chairs
116116 86of house and senate committees on ways and means, and the chairs of the joint committee on
117117 87environment, natural resources and agriculture the findings of said environmental audit and shall
118118 88cause said environmental audit to be published on the main webpage of the executive office of
119119 89environmental affairs.
120120 90 (e) In addition to conducting an environmental audit, the secretary shall designate green
121121 91zones within targeted environmental justice neighborhoods; provided that in addition to the
122122 92working group created pursuant to subsection (c) of this section, the secretary shall consult and
123123 93otherwise provide opportunities for input by residents of targeted environmental justice
124124 94neighborhoods in the process of designating said green zones. 6 of 6
125125 95 (f) Pursuant to this Section, the Secretary is hereby authorized to enter into an intrastate
126126 96compact with the officer of the environmental justice community for which an environmental
127127 97audit was conducted. Said intrastate compact shall be designed to establish and define the levels
128128 98of cooperation that may be developed in an effort to realize the goals and objectives of green
129129 99zones, so designated, within a targeted environmental justice neighborhood. Said levels of
130130 100cooperation may include, be limited to, the designation of agency staff, the provision of other
131131 101technical assistance, the making of planning grants, and such other means that are otherwise
132132 102authorized by existing state law.
133133 103 SECTION 4. Notwithstanding any general or special law to the contrary, this act shall
134134 104take effect immediately.