Budget Amendment ID: FY2025-S4-40

ENV 40

Environmental Justice Trust Fund

Messrs. Gomez, Eldridge, Payano and O'Connor moved that the proposed new text be amended by adding the following section:- 

"SECTION XX. Chapter 29 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 2DDDDDD the following section:-

Section 2HHHHHH. (a) For the purposes of this section, the term "disadvantaged community" shall mean a community in the commonwealth bearing disproportionate economic, health, or environmental burdens, including, but not limited to, poverty, high unemployment, air and water pollution, disproportionate heat exposure, lack of access to green space, and presence of hazardous and solid waste and material, as well as high incidence of cardiovascular and respiratory disease and high rates of mortality.

(b) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund to be known as the Environmental Justice Fund, which shall be administered by the division of environmental protection within the office of the attorney general, established under section 11D of chapter 12.

(c) Expenditures may be made from the fund, without further appropriation: (i) to fund the restoration of any natural resource or the investigation, remediation or mitigation of any environmental pollution or harm on or at any real property located in a disadvantaged community; (ii) for any project to benefit the community health or well-being, whether to address economic, environmental, or other health needs of a disadvantaged community; or (iii) to contribute to an academic or government-funded research project related to environmental protection or conservation of natural resources in a disadvantaged community.

(d) The fund shall be credited with: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund: (ii) funds from public or private sources, including, but not limited to gifts, grants, and donations; (iii) payments from settlements, judgments, fines or penalties not designated by law for other specific statutory purposes in any action brought by the attorney general under section 11D of chapter 12 or under any provision of any environmental statute that the attorney general may enforce providing for a civil penalty for a violation of such provision; and (iv) any interest earned on such funds. Funds that remain unexpended at the end of a fiscal year shall not revert to the general fund and shall be available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to be in deficit at any point."