Legislative
Conversations
Tonight’s Agenda
Massachusetts Climate Action Network (MCAN) was founded in 2000, and helps town level groups take action on climate locally. We are a network of organizations (our chapters) and advocates at the town and city level who work to make community level change and turn that into state and national level change.
Alternatives for Community & Environment, Inc. (ACE) is one of the oldest person-of-color led environmental justice organizations in Massachusetts. Based in the predominantly African-American Boston neighborhood of Roxbury, ACE works at both local and state levels on issues of environmental equity and anti-displacement. ACE had a leadership role in the 2017 updates to the state's Environmental Justice Policy.
State Sen.
Jamie Eldridge
Middlesex & Worcester District
S.1958
An Act transitioning Massachusetts to 100% renewable energy
Richard Juang
ACE, Staff Attorney
Introduction to Environmental Justice
State Rep. Adrian Madaro
1st Suffolk District
H.826
An Act Relative to Environmental Justice In the Commonwealth
State Rep.
Liz Miranda
5th Suffolk District
H.761
An Act Relative To Environmental Justice and Toxics Reduction In the Commonwealth
State Rep.
Michelle DuBois
10th Plymouth District
H.761
An Act Relative To Environmental Justice and Toxics Reduction In the Commonwealth
State Sen.
Jamie Eldridge
Middlesex & Worcester District
S.1958
An Act transitioning Massachusetts to 100% renewable energy
State Rep. Adrian Madaro
1st Suffolk District
H.826
An Act Relative to Environmental Justice In the Commonwealth
H826 & H3374
An Act relative to environmental justice in the Commonwealth
An Act to restore enforcement of civil rights
Definitions
H826 Bill Summary
H3374 Bill Summary
Richard Juang
ACE, Staff Attorney
Introduction to Environmental Justice
State Rep.
Liz Miranda
5th Suffolk District
H.761
An Act Relative To Environmental Justice and Toxics Reduction In the Commonwealth
State Rep.
Michelle DuBois
10th Plymouth District
H.761
An Act Relative To Environmental Justice and Toxics Reduction In the Commonwealth
�����Environmental Justice Act H761��Presented by: �State Rep Michelle DuBois of Brockton �State Rep Liz Miranda of Boston��https://malegislature.gov/Bills/191/H761��SECTION 1. - Goal
�The Environmental Justice Act is intended to promote environmental justice, eliminate disparities with respect to exposure to environmental toxins, ensure access to environmental benefits within the Commonwealth, and implement Article 97 of the Constitution of the Commonwealth, which provides that the "people shall have the right to clean air and water, freedom from excessive and unnecessary noise, and the natural, scenic, historic, and esthetic qualities of their environment; and the protection of the people in their right to the conservation, development and utilization of the agricultural, mineral, forest, water, air and other natural resources is hereby declared to be a public purpose."
�����Environmental Justice Act H761 & H826�Presented by: �State Rep Adrian Madaro, Boston �State Rep Michelle DuBois, Brockton �State Rep Liz Miranda, Boston��https://malegislature.gov/Bills/191/H761�SECTION 2. Chapter 21A, Section 3 of the General Laws
“Environmental justice,” in H761 and H826 is defined the same as follows: “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��Other Items defined include: EJ Advisory Council, *Environmental Benefits, *Equal Protection, *Environmental Justice Population, Executive Office of EEA, *Lacking English Language Proficiency, MEPA, *Neighborhood as census block, Secretary of EEA, Supplemental Environmental Project, Toxics Release Inventory�* Definition also appearing in section 2 of H826 filed by Rep Madero
�����Environmental Justice Act H761�Presented by: �State Rep Michelle DuBois, Brockton �State Rep Liz Miranda, Boston��https://malegislature.gov/Bills/191/H761��SECTION 3. Chapter 21 of the General Laws
EJ Advisory Council & Reporting Schedule��The EJ Advisory Council will provide independent advice and recommendations to the Governor, the Secretary of EEA, and the other Secretariats about broad, cross-cutting issues related to environmental justice and on policies.
The Advisory Council shall consist of at least 9, but not more than 15 persons, including a chair designated by the Council and approved by the Governor. �- No less than 2 appointed by the Senate President �- No less than 2 appointed by the Speaker of the House of Reps.�- The remainder appointed by the Governor. �- No fewer than 4 members of the Advisory Council shall be residents of EJ Population neighborhoods.��An initial report to the Governor within 6-months following the appointment. Thereafter the Advisory Council shall meet at least semi-annually and submit supplemental reports no less often than once per year. The Governor and EEA Secretary to provide staffing.
�����Environmental Justice Act H761�Presented by: �State Rep Michelle DuBois, Brockton �State Rep Liz Miranda, Boston��https://malegislature.gov/Bills/191/H761��SECTION 4. Chapter 21 of the General Laws
Department of Environmental Protection &�EJ Enforcement Reporting�
- Requires the DEP to develop and implement an EJ-Strategy for prioritizing enforcement in EJ neighborhoods. �- Requires DEP to submit an annual report each year, detailing the number and types of enforcement actions in EJ neighborhoods. ��DEP’s EJ-Strategy must address:�1) Ensuring equal compliance and enforcement for facilities subject to environmental regulatory programs or permitting requirements in or near to EJ neighborhoods; �2) Establishing a process for reviewing which MEPA thresholds apply for enhanced public participation and substantive review; �3) Ensuring brownfield remediation in or near EJ neighborhoods; and�4) Creating an online EJ repository of information about the Commonwealth’s environmental justice initiatives for the general public and project proponents. �
�����Environmental Justice Act H761 & H826�Presented by: �State Rep Adrian Madaro, Boston�State Rep Michelle DuBois, Brockton �State Rep Liz Miranda, Boston��https://malegislature.gov/Bills/191/H761��SECTION 5. Chapter 21 of the General Laws�Supplemental Environmental Project (SEP) bank��
Supplemental Environmental Project (SEP) bank�(Same Language Appearing in H761, Section 5 & H826, Section 7)
DEP is required to create and update an inventory of environmentally beneficial projects in communities with EJ populations that may be funded by violators in lieu of or in addition to paying penalties associated with the settlement of enforcement actions. �
�����Environmental Justice Act H761�Presented by: �State Rep Michelle DuBois, Brockton �State Rep Liz Miranda, Boston��https://malegislature.gov/Bills/191/H761��SECTION 6. Chapter 21 of the General Laws�EEA – EJ Progress Report (every 5 years)��
EJ Progress Report Produced by Secretary of EEA�
The Secretary of EEA shall, in consultation with the other Secretariats publish a progress report on environmental justice, incorporating the recommendations of the Advisory Council as appropriate, incorporating:�1) Enforcement and SEP activities undertaken, �2) Reporting metrics on reduction of pollution in neighborhoods with environmental justice populations, and �3) Outlining further policy actions. �
�����Environmental Justice Act H761�Presented by: �State Rep Michelle DuBois, Brockton �State Rep Liz Miranda, Boston��https://malegislature.gov/Bills/191/H761��SECTION 7. Chapter 21 of the General Laws�Department of Public Health’s health risk assessment guidelines�
Department of Public Health (DPH) to establish health risk assessment guidelines��The DEP to work with DPH to develop an on-line learning and information sharing related to harmful effects to human health or to ecological systems resulting from exposure to each pollution source. The DEP & DPH are to:�1) Develop an on-line mapping tool that is accessible by the public and identifies EJ populations by census tract, �2) Lists sources of pollution (according to the health risk assessment guidelines) in each EJ census tracts, and �3) Identify harmful effects to human health or to ecological systems resulting from exposure to each pollution source. ��The DPH shall prioritize census tracts with the worst health risk outcomes and develop strategies for reducing public health threats.
�����Environmental Justice Act H761 & H 826�Presented by: �State Rep Adrian Madaro, Boston �State Rep Michelle DuBois, Brockton �State Rep Liz Miranda, Boston��https://malegislature.gov/Bills/191/H761�
�MEPA Review:�MGL 62C of chapter 30 –MEPA
The following sections are the same of similar in both bills.�� H761 SECTION 8 H826 SECTION 1
Section 62 of Chapter 30 – MEPA Definitions�
H761 SECTION 9 & 10 H826 SECTION 2, 3 & 4
Environmental Impact Reports �Enhanced public participation & �Expanded Public Notification Requirements �
H761 SECTION 11 H826 SECTION 5
Disallows any exempting of review for project located in an �Environmental Justice Population���
�����Environmental Justice Act H761�Presented by: ��State Rep Michelle DuBois, Brockton �State Rep Liz Miranda, Boston��https://malegislature.gov/Bills/191/H761
�
Section 12 – Limiting Toxic Release Inventory Facilities within Environmental Justice Population neighborhoods �62E of Chapter 30 –MEPA
SECTION 13. Director of Environmental Justice at EEA�(Chapter 21 of the General Laws, new section 68)�Requires the Secretary of EEA to appoint a Director of Environmental Justice & requires that the Director of EJ not to be vacant for more than sixty days. �
SECTION 14. Requires an EJ Coordinator at all Secretariats�(Chapter 21 of the General Laws, new section 68)�
SECTION 15. Requires Environmental Justice policy/strategy to be developed at all Secretariats �(Chapter 21 of the General Laws, new section 68)
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Drew Grande
MCAN, Clean Energy Program Director
Richard Juang
ACE, Staff Attorney
Richard richard@ace-ej.org
MCAN Legislative Page
https://www.massclimateaction.org/2019_2020_legislation