H 5268

SECTION 1. Subsection (d) of section 29A of chapter 23G of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out clause (12) and inserting in place thereof the following clause:- (12) preference shall be given to projects located within 1 mile of an environmental justice population or within an environmental justice municipality, as defined in section 62 of chapter 30. SECTION 2. Section 62 of chapter 30 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Environmental burdens” the following definition:- “Environmental justice municipality”, a municipality 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 does not exceed 150 per cent of the statewide annual median household income; provided, that the secretary may determine that a municipality shall not be designated an environmental justice municipality upon finding that: (A) the annual median household income of the municipality is greater than 125 per cent of the statewide median household income; (B) a majority of persons age 25 and older in the municipality have a college education; (C) the municipality does not bear an unfair burden of environmental pollution; and (D) the municipality has more than limited access to natural resources, including open spaces and water resources, playgrounds and other constructed outdoor recreational facilities and venues.