HOUSE DOCKET, NO. 2108        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2689

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Michelle M. DuBois

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act regulating the location of generation facilities.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Michelle M. DuBois

10th Plymouth

1/19/2017

Jason M. Lewis

Fifth Middlesex

 

Frank I. Smizik

15th Norfolk

 

Paul R. Heroux

2nd Bristol

1/30/2017

Claire D. Cronin

11th Plymouth

 

Gerard Cassidy

9th Plymouth

 


HOUSE DOCKET, NO. 2108        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2689

By Ms. DuBois of Brockton, a petition (accompanied by bill, House, No. 2689) of Michelle M. DuBois and others relative to the locating of generation facilities within one mile of certain public areas and areas of critical environmental concern.  Telecommunications, Utilities and Energy.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act regulating the location of generation facilities.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 1 of Chapter 164 of the General Laws as appearing in the 2014 Official Edition, is hereby amended by inserting after the definition of  "Energy storage system'' the following:             

“Environmental justice,” the right to be protected from environmental pollution and to live in and enjoy a clean and healthful environment regardless of race, income, national origin or English language proficiency. Environmental justice shall include the equal protection and meaningful involvement of all people with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies and the equitable distribution of environmental benefits.

"Environmental Justice Population," a neighborhood whose annual median household income is equal to or less than 65 percent of the statewide median or whose population is made up 25 percent minority or lacking English language proficiency or as determined by the Executive Office of Energy and Environmental Affairs pursuant to Executive Order 552.

SECTION 2. Chapter 164 of the General Laws is hereby amended by adding the following section:-

Section 69J1/4A. Notwithstanding any general or special law, rule or regulation to the contrary no generating facility shall be located in an area which is less than 1 mile in linear distance from an environmental justice community, playground, licensed day-care center, school, church, area of critical environmental concern, as determined by the secretary of environmental affairs pursuant to 301 CMR 12.00, or an area occupied by residential housing. This linear distance shall be measured from any point along a generating facility to the outermost point of aforementioned zones; provided, however, that repairs or replacements that do not increase megawatts generated in any generation facility in operation prior to January 1, 2017, shall not be subject to this section.