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Earth Night

EJ Bill (H.2212/S.1271)

Summary: Directs the Secretary of Environmental Affairs to establish an Environmental Justice Program that includes, but is not limited to: designated Environmental Justice (EJ) Populations; an inter-governmental advisory committee (with citizen representation); inter-agency Environmental Justice Teams; priority consideration for grants, technical assistance, enforcement actions, brownfields cleanup and redevelopment, and public participation (including materials in multiple languages) for EJ Populations; and enhanced review for projects proposed in EJ areas that fall under Massachusetts Environmental Policy Act review.

SECTION 1. The general court finds that:

     (1) some communities in the commonwealth are disproportionately burdened by environmental hazards such as excessive air pollution, water pollution, hazardous waste and noise;
     (2) the health, safety and quality of life of residents and workers in these communities, but especially the children, elderly and those with already-compromised health are negatively affected by these hazards;
     (3) concentrations of pollution sources pose a significant barrier to economic development in low income neighborhoods and communities of color in particular;
     (4) many of these impacted communities desire cleaner and safer development to ensure economic security;
     (5) the commonwealth seeks to ensure equal protection of all residents, affirm human rights and promote public health and environmental quality in all communities.

SECTION 2. Definitions

"Cleaner Production" means a manufacturing process or approach to manufacturing production that is based on toxics use reduction and pollution prevention and that strives to incorporate the following components: waste reduction, non-polluting production, energy efficiency, safe and healthy work environments, and environmentally sound products and packaging.

"Disproportionate Burden" means that a group of people bears an unfair share of environmental pollution from industrial, commercial, state and municipal operations or have limited access to natural resources, including greenspace (open space) and water resources.

"Equal Protection" means that no group of people, because of race, ethnicity, class, gender, or handicap bears an unfair share of environmental pollution from industrial, commercial, state and municipal operations or have limited access to natural resources, including greenspace (open space) and water resources.

"Environmental Benefits" means access to funding, open space, enforcement, technical assistance, training, or other beneficial resources disbursed by the Secretary of Environmental Affairs, its agencies, and its offices.

"Environmental Justice" or "EJ" is 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" or "EJ Population" means a Neighborhood where the 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, Foreign Born, or Lacking English Language Proficiency; or where the Secretary has determined, pursuant to section 3(b), that a community has received a disproportionate burden or otherwise not received equal protection.

"Foreign Born " refers to individuals who identify themselves on federal census forms as not U.S. citizens at birth.

"Lacking English Language Proficiency" refers to households that, according to federal census forms, do not have an adult proficient in English.

"Low Income" means median annual household income at or below 65 percent of the statewide median income for Massachusetts, according to federal census data.

"Meaningful Involvement" means that all neighborhoods have the right to participate in partnership with government in environmental decision-making including needs assessment, planning, implementation, enforcement, and evaluation, and neighborhoods are enabled and administratively assisted to participate fully through education and training means, and encouraged to develop environmental stewardship.

"Minority" refers to individuals who identify themselves on federal census forms as non-white or Hispanic.

"Neighborhood" means a census block group as defined by the U.S. Census Bureau but not including people who live in college dormitories or people under formally authorized, supervised care or custody (i.e. in federal or state prisons).

"Supplemental Environmental Project" means the performance of environmentally beneficial projects in the settlement of environmental enforcement cases.

     SECTION 3. (1) The Secretary of Environmental Affairs (Secretary) is directed to establish an environmental justice program consisting of, but not limited to, the following components:

(a) Establish a policy position entitled The Director of Environmental Justice and Brownfields Redevelopment (The Director) within the Office of the Secretary. The Director will act as the initial point of contact on all environmental justice matters and shall coordinate the implementation of this policy, track progress, and prepare annual reports for public distribution. The Director shall develop a workplan for the implementation of the environmental justice program within the Office of the Secretary.

(b) Identify EJ Populations to be serviced by this statute via geographic information systems mapping or other suitable tools, and update this map as new U.S. Census data becomes available.

(c) Establish a procedure under which additional communities that do not fall under the strict demographic definition of an EJ Population may petition for such status. The Secretary shall make a finding whether the petitioner has borne a disproportionate burden or otherwise has not received equal protection.

(d) Establish Regional Agency EJ Outreach Teams of liaisons from each agency and region. The Teams shall, without limitation:

(1) Open lines of communication with local neighborhood groups through routine meetings,
(2) Establish specific task forces,
(3) Further identify languages issues,
(4) Identify enforcement priorities on a local basis,
(5) Identify a list of community improvement projects,
(6) Allow issues with existing facilities to be raised and addressed,
(7) Assist the Department of Environmental Protection and other agencies with targeting enforcement,
(8) Assist the Office of Technical Assistance (OTA) and other agencies with targeting assistance; and
(9) Identify potential economic development opportunities that promote cleaner production and sustainable business practices.

(e) Establish and coordinate the efforts of an EJ Working Group made up of senior-level managers from each EOEA agency, Department of Economic Development (DED), the Department of Housing and Community Development (DHCD), and the Department of Public Health (DPH), as well as representatives from at least two EJ Populations. The EJ Working Group shall maximize state resources, research, and technical assistance to further the goals of this legislation to ensure Environmental Justice concerns are evaluated and addressed in each of the agencies' jurisdiction and programs.

(f) Direct agencies under the Secretariat to designate senior-level managers to participate in and actively support the EJ Working Group and the Regional Agency EJ Outreach Teams.

(g) Direct agencies under the Secretariat to identify and promote agency-sponsored projects, funding decisions, rulemakings or other actions intended to further environmental justice in the Commonwealth.

(h) Target resources to create, restore, and maintain open spaces located in neighborhoods where EJ Populations reside. At a minimum the Interagency Land Committee (ILC), which includes the Metropolitan District Commission, the Department of Fish, Wildlife, and Environmental Law Enforcement, and the Department of Environmental Management shall make it a priority to promote preserving and restoring open spaces in neighborhoods where EJ Populations reside.

(i) Provide an introductory environmental justice training program for EOEA secretariat employees, watershed teams, and municipalities applying for grant programs or for any other resources prioritized or focused on neighborhoods where EJ Populations reside. Staff serving on Regional Agency EJ Outreach Teams; employees or organizations disbursing state funds to municipalities, individuals, and organizations for the provision of open space, river maintenance or restoration, education, and technical assistance; Massachusetts Environmental Policy Act staff; and the EJ Working Group shall receive such training.

(j) Develop fact sheets describing programs directly relevant to obtaining funding or additional resources for EJ Populations, including but not limited to the Urban Self Help program, Massachusetts Environmental Trust, and the Massachusetts Environmental Policy Act. These fact sheets shall be made available in languages other than English.

(k) Develop a distribution list of interested members of EJ Populations, non-profit organizations, and others to be incorporated into mailing lists for newsletters and other general outreach information.

(l) Develop and maintain a list of alternative information outlets that service EJ Populations for the purpose of seeking public comments or publishing public notices.

(m) Establish multiple information repositories in neighborhoods where EJ Populations reside.

(n) Direct agencies to develop a Public Participation Strategy that focuses agency resources on outreach activities to enhance public participation opportunities for agency activities that potentially affect EJ Populations, including but not limited to:

(1) Scheduling public meetings or hearings at locations and times convenient for neighborhood stakeholders;
(2) Translating public notices into other languages;
(3) Offering interpreters and translated documents at public meetings;
(4) Providing notices as early as possible to all neighborhoods potentially impacted by a decision; and
(5) Assisting EJ Populations with grant applications and questions about environmental regulations to assist them with compliance and sustainability.

(o) Work with other agencies as necessary to maximize site remediation and redevelopment programs under chapter 206 of the acts of 1998 and to promote nonpolluting development in neighborhoods where EJ Populations reside.

(p) Direct the Massachusetts Watershed Initiative Teams to identify and address environmental justice issues and to identify and reclaim brownfields sites identified under chapter 206 of the acts of 1998 within each watershed.

(q) Direct the Massachusetts Environmental Policy Act Office (MEPA Office) to

(1) Develop enhanced public participation for any project that exceeds an Environmental Notification Form (ENF) threshold for air, solid and hazardous waste (other than remediation projects), or wastewater and sewage sludge treatment and disposal; and the project site is located within one mile of an EJ Population (or in the case of projects exceeding an ENF threshold for air, within five miles of an EJ Population); require enhanced analysis of impacts and mitigation for an Environmental Impact Report (EIR) scope under the following two conditions: the project exceeds a mandatory EIR threshold for air, solid and hazardous waste (other than remediation projects), or wastewater and sewage sludge treatment and disposal; and the project site is located within one mile of an EJ Population (or in the case of projects exceeding a mandatory EIR threshold for air, within five miles of an EJ Population). Thresholds for ENFs and EIRs are codified at 310 CMR 11.00 et seq.

(2) Exempt site assessment grants and loans granted under the Brownfields Redevelopment Fund, as well as investment tax credits for equipment, tenant fit-ups, and other post-development activities administered under the Chapter 206 of the Acts of 1998 from the category of state financial assistance for the purposes of triggering MEPA review. Projects undertaken under chapter 206 of the acts of 1998 that otherwise trigger MEPA may be considered environmental restoration projects and subject to expedited review. In making a decision, the Secretary will consider the extent to which the new proposal would prevent pollution and eliminate or minimize risks to public health and the environment.

(r) Direct the Department of Environmental Protection to

(1) prioritize neighborhoods where EJ Populations reside when selecting sectors and facilities for inspection and monitoring, prosecuting non-compliance, providing compliance assistance and allocating resources;
(2) prioritize municipal outreach for sites identified under Chapter 21E of the General Laws to neighborhoods with EJ populations;
(3) incorporate environmental justice as a criterion for awarding technical assistance grants to non-profit organizations;
(4) prioritize technical assistance to EJ populations in neighborhoods with hazardous waste sites identified under chapter 21E of the General Laws;
(5) communicate with the list of community-based organizations in neighborhoods where EJ Populations reside in addressing compliance matters;
(6) consider Environmental Justice as a factor in establishing priorities for Activity Use Limitation (AUL) audits under chapter 21E of the General Laws;
(7) incorporate environmental justice as a criterion in prioritizing the investigation of sites, negotiating cost recovery under chapter 21E of the General Laws;
(8) provide for commensurate cost recovery to municipalities for "back taxes" (exclusive of interest and penalties) on sites identified under chapter 21E of the General Laws and located in neighborhoods where EJ Populations reside; and
(9) meet regularly with the Executive Office of Environmental Affairs and the Department of Public Health to coordinate on environmental issues potentially affecting public health, including matters related to exposures from multiple sources of pollution.