Mass. Gen. Laws ch. 29, sec. 2IIIIII — MA Code / Part I / Title III / Chapter 29 / Section 2IIIIII
Environmental Justice Fund
Status: in_force

Section 2IIIIII. (a) For the purposes of this section, the term ''disadvantaged community'' shall mean a municipality in the commonwealth bearing disproportionate economic, health or environmental burdens as determined by the director of the division of environmental protection within the office of the attorney general, established pursuant to section 11D of chapter 12, including, but not limited to, poverty, high unemployment, air and water pollution, disproportionate heat exposure, lack of access to green space, presence of hazardous and solid waste and material and 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, known as the Environmental Justice Fund, which shall be administered by the director of the division of environmental protection within the office of the attorney general. (c) Expenditures may be made from the fund, without further appropriation: (i) for 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 pursuant to section 11D of chapter 12 or 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.

Section 2IIIIII. (a) For the purposes of this section, the term ''disadvantaged community'' shall mean a municipality in the commonwealth bearing disproportionate economic, health or environmental burdens as determined by the director of the division of environmental protection within the office of the attorney general, established pursuant to section 11D of chapter 12, including, but not limited to, poverty, high unemployment, air and water pollution, disproportionate heat exposure, lack of access to green space, presence of hazardous and solid waste and material and 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, known as the Environmental Justice Fund, which shall be administered by the director of the division of environmental protection within the office of the attorney general.

(c) Expenditures may be made from the fund, without further appropriation: (i) for 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 pursuant to section 11D of chapter 12 or 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.