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2 | 2 | | SENATE DOCKET, NO. 2033 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 636 |
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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 | | Liz Miranda |
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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 to improve environmental justice in the Commonwealth. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Liz MirandaSecond Suffolk 1 of 6 |
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16 | 16 | | SENATE DOCKET, NO. 2033 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 636 |
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18 | 18 | | By Ms. Miranda, a petition (accompanied by bill, Senate, No. 636) of Liz Miranda for legislation |
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19 | 19 | | to improve environmental justice in the Commonwealth by establishing the Green Zones Act. |
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20 | 20 | | Environment and Natural Resources. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE DOCKET, NO. 2493 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act to improve environmental justice in the Commonwealth. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Whereas Black/African American, Asian, Indigenous, Latino/Hispanic, and |
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32 | 32 | | 2low-income persons of the Commonwealth have been adversely and disproportionally impacted |
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33 | 33 | | 3by environmental burdens posed by living and working in environmental justice neighborhoods, |
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34 | 34 | | 4it is the intention of the general court, to authorize meaningful actions to redress said impacts. To |
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35 | 35 | | 5achieve the purposes as stated in this section as well as sections 2 and 3, inclusive, this Act shall |
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36 | 36 | | 6be known as the Commonwealth GREEN ZONES ACT. |
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37 | 37 | | 7 SECTION 2. As used in sections 1 through 4, inclusive, the following words shall, unless |
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38 | 38 | | 8the context clearly requires otherwise, have the following meanings:— 2 of 6 |
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39 | 39 | | 9 “Environmental Audit” means a comprehensive study undertaken by the secretary for the |
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40 | 40 | | 10purpose of identifying and quantifying the number and type of environmental burdens as defined |
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41 | 41 | | 11herein and shall include but not be limited public health data, public safety data, energy burden, |
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42 | 42 | | 12transportation access data, and land use where such data is useful in quantifying the |
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43 | 43 | | 13environmental burden within an environmental justice neighborhood. |
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44 | 44 | | 14 Where clusters of environmental burden and/or opportunity to create environmental |
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45 | 45 | | 15sustainability and Environmental resilience exist, those areas will be defined as “Green Zones” |
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46 | 46 | | 16for the purpose of planning and funding. |
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47 | 47 | | 17 The audit will include determining prior causes of environmental burden, where possible, |
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48 | 48 | | 18if those conditions still exist, and the ideal future “Green” state. |
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49 | 49 | | 19 “Environmental Burdens” means (a) any destruction, damage, or impairment of natural |
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50 | 50 | | 20resources that is not insignificant, resulting from intentional or reasonably foreseeable causes, |
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51 | 51 | | 21including but not limited to climate change, air pollution, water pollution, soil contamination, |
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52 | 52 | | 22improper sewage disposal, dumping of solid wastes and other noxious substances, excessive |
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53 | 53 | | 23noise, activities that limit access to natural resources and constructed outdoor recreational |
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54 | 54 | | 24facilities and venues, inadequate remediation of pollution, reduction of ground water levels, |
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55 | 55 | | 25impairment of water quality, increased flooding or storm water flows, and damage to inland |
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56 | 56 | | 26waterways and waterbodies, wetlands, marine shores and waters, forests, open spaces, and |
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57 | 57 | | 27playgrounds from private industrial, residential, commercial and government operations or other |
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58 | 58 | | 28activity that contaminates or alters the quality of the environment and poses a risk to public |
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59 | 59 | | 29health. 3 of 6 |
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60 | 60 | | 30 “Environmental sustainability” means the ability to maintain an ecological balance in the |
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61 | 61 | | 31natural environment and conserve natural resources to support the wellbeing of current |
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62 | 62 | | 32and future generations. |
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63 | 63 | | 33 “Environmental resilience” means the capacity of an ecosystem to respond to a |
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64 | 64 | | 34perturbation or disturbance by resisting damage and recovering quickly. |
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65 | 65 | | 35 “Environmental Justice Neighborhood” means a neighborhood located within a |
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66 | 66 | | 36municipality designated as an Environmental Justice Community and which meets one or more |
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67 | 67 | | 37of the following criteria: (i) the annual median household income is not more than 65 per cent of |
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68 | 68 | | 38the statewide annual median household income; (ii) minority individuals comprise 40 per cent or |
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69 | 69 | | 39more of the population; (iii) 25 per cent or more of households lack English language proficiency |
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70 | 70 | | 40or (iv) minorities comprise 25 per cent or more of the population and the annual median |
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71 | 71 | | 41household income of the municipality in which the neighborhood is located does not exceed 150 |
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72 | 72 | | 42per cent of the statewide annual median household income. |
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73 | 73 | | 43 “Green Zone” means an area or areas within a targeted environmental justice |
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74 | 74 | | 44neighborhood identified pursuant to an environmental audit in which specific strategies to |
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75 | 75 | | 45mitigate, redress and eliminate environmental burdens and the ability to improve and increase |
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76 | 76 | | 46environmental sustainability and resilience exists. |
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77 | 77 | | 47 "Lack English Language Proficiency" refers to households that, according to federal |
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78 | 78 | | 48census forms, do not have an adult proficient in English. |
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79 | 79 | | 49 “Minority” refers to individuals who identify themselves Latino/Hispanic, Black/African |
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80 | 80 | | 50American, Asian, Indigenous people, and people who otherwise identify as non-white. 4 of 6 |
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81 | 81 | | 51 “Neighborhood” means a census block group as defined by the U.S. Census Bureau but |
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82 | 82 | | 52not including individuals who live in college dormitories or individuals under formally |
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83 | 83 | | 53authorized, supervised care or custody, including but not limited to federal prisons, state prisons, |
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84 | 84 | | 54or a county house of corrections. |
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85 | 85 | | 55 ''Officer'', ''officers'' and ''administrative officers'', means, when used without further |
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86 | 86 | | 56qualification or description, any person or persons in charge of any department or division of a |
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87 | 87 | | 57city. |
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88 | 88 | | 58 “Secretary” means the secretary of the executive office of energy and environmental |
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89 | 89 | | 59affairs. |
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90 | 90 | | 60 “Targeted Environmental Justice Community” means a municipality designated as an |
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91 | 91 | | 61environmental justice community and that meets two or more of the following criteria: (i) the |
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92 | 92 | | 62municipality is comprised of 100 or more block groups; (ii) the percentage of block groups |
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93 | 93 | | 63defined as environmental justice block groups is not less than 75% of all block groups located |
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94 | 94 | | 64within the municipality; or (iii) the population of individuals residing within environmental |
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95 | 95 | | 65justice block groups is not less than 100,000 |
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96 | 96 | | 66 “Targeted Environmental Justice Neighborhood” means an environmental justice |
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97 | 97 | | 67neighborhood within a Targeted Environmental Justice Community in which areas within the |
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98 | 98 | | 68environmental justice neighborhood may be designated or otherwise identified as green zones. |
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99 | 99 | | 69 SECTION 3. (a) Notwithstanding any general or special law to the contrary, the |
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100 | 100 | | 70Secretary of the Executive Office of Environmental Affairs is hereby authorized and directed to |
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101 | 101 | | 71conduct an environmental audit of environmental justice neighborhoods located within the |
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102 | 102 | | 72Commonwealth. 5 of 6 |
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103 | 103 | | 73 (b) In furtherance of conducting the environmental audit, the secretary is hereby |
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104 | 104 | | 74authorized to create an environmental audit working group, consisting of not less than nine |
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105 | 105 | | 75persons who live or work in an environmental justice neighborhood, to provide advice to the |
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106 | 106 | | 76secretary on the conduct of said environmental audit. Said members of the environmental audit |
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107 | 107 | | 77working group shall serve without compensation but may be reimbursed for expenses necessarily |
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108 | 108 | | 78incurred in the performance of serving on the working group. |
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109 | 109 | | 79 (c) The secretary upon completion of an environmental audit shall transmit the findings |
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110 | 110 | | 80of said environmental audit, in report format, to the officer of the municipality in which the |
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111 | 111 | | 81environmental justice neighborhood is located, pursuant to the environment audit, shall identify |
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112 | 112 | | 82and designate within said environmental justice neighborhoods areas to be known as green |
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113 | 113 | | 83zones. |
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114 | 114 | | 84 (d) Pursuant to subsections (a) and (b) of this section, the secretary shall, bi-annually, not |
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115 | 115 | | 85later than October 1, shall report to the clerks of the house of representatives and senate, chairs |
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116 | 116 | | 86of house and senate committees on ways and means, and the chairs of the joint committee on |
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117 | 117 | | 87environment, natural resources and agriculture the findings of said environmental audit and shall |
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118 | 118 | | 88cause said environmental audit to be published on the main webpage of the executive office of |
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119 | 119 | | 89environmental affairs. |
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120 | 120 | | 90 (e) In addition to conducting an environmental audit, the secretary shall designate green |
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121 | 121 | | 91zones within targeted environmental justice neighborhoods; provided that in addition to the |
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122 | 122 | | 92working group created pursuant to subsection (c) of this section, the secretary shall consult and |
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123 | 123 | | 93otherwise provide opportunities for input by residents of targeted environmental justice |
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124 | 124 | | 94neighborhoods in the process of designating said green zones. 6 of 6 |
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125 | 125 | | 95 (f) Pursuant to this Section, the Secretary is hereby authorized to enter into an intrastate |
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126 | 126 | | 96compact with the officer of the environmental justice community for which an environmental |
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127 | 127 | | 97audit was conducted. Said intrastate compact shall be designed to establish and define the levels |
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128 | 128 | | 98of cooperation that may be developed in an effort to realize the goals and objectives of green |
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129 | 129 | | 99zones, so designated, within a targeted environmental justice neighborhood. Said levels of |
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130 | 130 | | 100cooperation may include, be limited to, the designation of agency staff, the provision of other |
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131 | 131 | | 101technical assistance, the making of planning grants, and such other means that are otherwise |
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132 | 132 | | 102authorized by existing state law. |
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133 | 133 | | 103 SECTION 4. Notwithstanding any general or special law to the contrary, this act shall |
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134 | 134 | | 104take effect immediately. |
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