Amendment #52, as changed to H4912

Environmental Justice

Representatives Madaro of Boston, Pignatelli of Lenox, DuBois of Brockton, Miranda of Boston, Vincent of Revere, Ryan of Boston, McGonagle of Everett and Garballey of Arlington move to amend the bill, as amended, by adding after section 15MM the following sections:

SECTION 15NN. Section 62 of chapter 30 of the General Laws, as so appearing is hereby amended by inserting after the definition of “Agency” the following 5 definitions:-

"Environmental benefits", the access to clean natural resources, including air, water resources, open space, constructed playgrounds and other outdoor recreational facilities and venues, clean renewable energy sources, environmental enforcement, training and funding disbursed or administered by the executive office of energy and environmental affairs.

“Environmental burdens”, any destruction, damage or impairment of natural resources that is not insignificant, resulting from intentional or reasonably foreseeable causes, including but not limited to, air pollution, water pollution, improper sewage disposal, dumping of solid wastes and other noxious substances, excessive noise, activities that limit access to natural resources and constructed outdoor recreational facilities and venues, inadequate remediation of pollution, reduction of ground water levels, impairment of water quality, increased flooding or storm water flows, and damage to inland waterways and waterbodies, wetlands, marine shores and waters, forests, open spaces, and playgrounds from private industrial, commercial or government operations or other activity that contaminates or alters the quality of the environment and poses a risk to public health.

"Environmental justice population", a neighborhood that meets 1 or more of the following criteria: (i) the annual median household income is  not more than 65 per cent of the statewide annual median household income; (ii) minorities comprise 40 per cent or more of the population; (iii) 25 per cent or more of households lack English language proficiency; or (iv) minorities comprise 25 per cent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 per cent of the statewide annual median  household income; provided, however, that for a neighborhood that does not meet said criteria, but a geographic portion of that neighborhood meets at least 1criterion,  the secretary may designate that geographic portion as an environmental justice population upon the petition of at least 10 residents of  the geographic portion of that neighborhood meeting any such criteria. The secretary may determine that a neighborhood, including any geographic portion, shall not be designated an environmental justice population  upon finding the annual median household income of that neighborhood is greater than 125 per cent of the statewide median household income; a majority of persons age 25 and older in that neighborhood have a college education; the neighborhood does not bear an unfair burden of environmental pollution; and has more than limited access to natural resources, including open spaces and water resources, playgrounds and other constructed outdoor recreational facilities and venues.

“Environmental justice principles”, principles that support protection from environmental pollution and the ability to live in and enjoy a clean and healthy environment, regardless of race, color, income, class, handicap, gender identity, sexual orientation, national origin, ethnicity or ancestry, religious belief or English language proficiency., which includes: (i) the meaningful involvement of all people with respect to the development, implementation and enforcement of environmental laws, regulations and policies, including climate change policies; and (ii) the equitable distribution of energy and environmental benefits and environmental burdens.

"Neighborhood,” a census block group as defined by the U.S. Census Bureau, excluding, people who live in college dormitories and people who are under formally authorized, supervised care or custody, including federal, state or county prisons.

SECTION 15OO. Section 62B of said chapter 30, as so appearing, is hereby amended by striking out the first sentence of the third paragraph and inserting, in place thereof, the following sentence:-

An environmental impact report shall contain statements describing the nature and extent of the proposed project and its environmental and public health impact as result of any development, alteration and operation of the project; studies to evaluate said impacts; all measures being utilized to minimize any anticipated environment and public health damage; and any adverse short-term and long-term environmental and public health consequences that cannot be avoided should the project be undertaken.

SECTION 15PP. Said section 62B of said chapter 30, as so appearing, is hereby further amended by adding the following paragraph:-

An environmental impact report shall be required for any project that is likely to cause damage to the environment that is not insignificant and is located within a distance of 1 mile of an environmental justice population; provided, that for a project that impacts air quality, such environmental impact report shall be required if the project is likely to cause damage to the environment that is not insignificant and is located within a distance of 5 miles of an environmental justice population. Said report shall contain statements about the results of an assessment of any existing unfair or inequitable environmental burden and related public health consequences impacting the environmental justice population from any prior or current, private, industrial, commercial, state, or municipal operation or project that has damaged the environment. The required assessment shall conform to the standards and guidelines established by the secretary. If the assessment indicates an environmental justice population is subject to an existing unfair or inequitable environmental burden or related health consequence the report shall identify any: (i) environmental and public health impact from the proposed project that would likely result in a disproportionate adverse effect on such population, and (ii) potential impact or consequence from the proposed project that would increase or reduce the effects of climate change on the environmental justice population. The secretary may require that an assessment be performed at any stage of the review process.

SECTION 15QQ. Section 62E of said chapter 30, as so appearing, is hereby amended by adding the following paragraph:-

No agency shall exempt from an environmental impact report any project that is located in a neighborhood that has an environmental justice population and is reasonably likely to cause damage to the environment, as defined in section 61. The provisions of this paragraph shall not apply to emergency actions essential to avoid or eliminate a threat to public health or safety, or threat to any natural resource, undertaken in compliance with section 62F.

SECTION 15RR. Chapter 30 of the General Laws is hereby amended by adding after section 62I the following 2 sections:-

Section 62J. To enable the public to assess the impact of proposed projects that affect their environment, health and safety through the project review process established under sections 61 through 62J, inclusive, the secretary shall provide opportunities for meaningful public involvement.

For any proposed project that requires the filing of an environmental notification form, the proponent of the project shall indicate on the document whether an environmental justice population that lacks English language proficiency within a designated geographical area is reasonably likely to be affected negatively by the project.

If a proposed project is significant and affects an environmental justice population, the secretary shall require additional measures to improve public participation by the environmental justice population. Such measures shall include, as appropriate: (i) making public notices, environmental notification forms, environmental impact reports, and other key documents related to the secretary’s review and decisions of a project review available in English and any other language spoken by a significant number of the affected environmental justice population; (ii) providing translation services at public meetings for a significant portion of an affected environmental justice population that lacks English proficiency in the project’s designated geographic area; (iii) require public meetings be held in accessible locations that are near public transportation; (iv) provide appropriate information about the project review procedure for the proposed project; and (vi) where feasible, establish a local repository for project review documents, notices and decisions.

The secretary of energy and environmental affairs may require such additional measures as appropriate for non-significant projects, or to improve participation opportunities for persons in an environmental justice population that lack English language proficiency and do not speak a dominant language spoken by such population.

As used in this section, the term designated geographic area shall mean an environmental justice population located within a distance of 1 mile of a project, unless the project affects air quality then the distance from such project shall be increased to within 5 miles of an environmental justice population.

Section 62K. The secretary shall consider the environmental justice principles, as defined in section 62, in making any policy or determination, or taking any action relating to a project review, undertaken pursuant to sections 61 through 62J, inclusive to reduce the potential for unfair or inequitable affects upon an environmental justice population.

To further the environmental justice principles the secretary shall direct its agencies, including the departments, divisions, boards and offices under the secretary’s control and authority, to consider the environmental justice principles in making any policy, determination or taking any other action related to a project review, or in undertaking any project, under said sections and related regulations which is likely to affect environmental justice populations.

In addition, the secretary shall establish standards and guidelines for the implementation, administration and periodic review of environmental justice principles by the executive office of energy and environmental affairs and its agencies.

Section 62L. There shall be an environmental justice council to advise and provide recommendations to the secretary of energy and environmental affairs on relevant policies and standards to achieve the environmental justice principles. The council shall consist of at least 9, but not more than 15 fifteen members appointed by the governor, who shall designate a chair. Members may be removed without cause, by the governor. All members shall serve without compensation.

The secretary of energy and environmental affairs shall consult with the environmental justice council before making any substantial adoptions, revisions or amendments to any regulation related to the definition of environmental justice population as defined in section 62.

The environmental justice council shall conduct a comprehensive analysis by no later than July 31, 2022 and thereafter, every fifth year, to ensure the definition of environmental justice population in section 62 achieves the objectives of the environmental justice principles. The analysis shall include, but not be limited to, an evaluation of this definition as compared to the demographics of environmental justice populations in the commonwealth. As part of the analysis, said council shall provide advice and make recommendations to the secretary on any necessary changes to the percentage thresholds included in this definition and any related regulation. The secretary shall consider the recommendations of the council regarding any proposed changes to the percentage thresholds under this definition, provided however, such changes are needed to achieve and promote the environmental justice principles as defined under section 61.  Proposed regulations shall be adopted only after the approval of the council by a majority vote in the affirmative of those members so voting.

The environmental justice council may recommend and provide advice to the secretary on proposed substantial legislative or regulatory changes related to this definition at any time prior to conducting a comprehensive analysis.

And moves to further amend the bill by adding the following section:-

SECTION 20I. The secretary shall no later than 365 days after this act takes effect, adopt regulations for the requirements, administration and enforcement of this act.

Additional co-sponsor(s) added to Amendment #52, as changed to H4912

Environmental Justice