HOUSE DOCKET, NO. 1954        FILED ON: 2/15/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 481

The Commonwealth of Massachusetts

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PRESENTED BY:

Michelle M. DuBois

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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 providing for a temporary emissions cap on particulate matter contaminants in adversely affected COVID-19 populations.

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PETITION OF:

HOUSE DOCKET, NO. 1954        FILED ON: 2/15/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 481

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act providing for a temporary emissions cap on particulate matter contaminants in adversely affected COVID-19 populations.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a temporary emissions cap on particulate matter contaminants in adversely affected COVID-19 populations, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.
 

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. The general court hereby declares and finds the following:

(a) Higher than normal air pollution can proliferate the transmission of infectious disease;

(b) Particulate matter such as PM2.5 contains microscopic solids or liquid droplets small enough that they can be inhaled and cause serious health problems;

(c) Preliminary studies show that an increase of 1 𝜇g/m3 in long-term PM2.5 exposure is associated with an 8 per cent increase in the COVID-19 mortality rate; and

(d) Residents living in high air pollution areas are at greater risk of contracting COVID-19.

SECTION 2 (a) Notwithstanding any general or special law to the contrary, no agency, department, board, commission or authority of the commonwealth shall issue a permit, as defined in section 62 of chapter 30 of the General Laws, that may result in an increase of 1 microgram per cubic meter (1 ug/m3) of particulate matter 2.5, hereinafter referred to as PM2.5, in a community already known to have higher than normal air pollution. For the purposes of this act the term “community” shall mean a community that contains residential dwellings within a census block, census block group, census tract or municipality. The term “already known to have higher than normal air pollution” shall mean any amount of PM2.5 higher than the primary or secondary ambient air quality standards for PM2.5 as set forth in 310 CMR 6.10(2)(b) and (c).

(b) Upon receipt of an application for a permit under this act, the agency, department, board, commission or authority shall forward such application to the department of environmental protection. The department shall forthwith require the applicant to demonstrate that the proposed project does not result in an increase of 1 ug/m3 of PM2.5 in a community already known to have higher than normal air pollution. If the applicant demonstrates compliance with subsection (a) to the department’s satisfaction, the department may forward the permit application for its review by the agency, department, board, commission or authority of the commonwealth in accordance with any applicable general or special law or rule or regulation.

(c) The failure of an agency, department, board, commission or authority of the commonwealth to forward an application for permit to the department of environmental protection shall be deemed a denial of the permit.

(d) The department of environmental protection may promulgate emergency regulations to implement the provisions of this section.

SECTION 3. This act shall expire on the date the Massachusetts Governor lifts the March 10 2020 Declaration of a State of Emergency to Respond to COVID-19 or when communities with higher than normal air pollution, as defined in this act has zero hospitalizations for COVID-19.