Edwards’ Legislation Takes Direct Aim at Eversource Substation

This week, Sen. Lydia Edwards, who will continue to serve as Eastie City Councilor until April 30, announced legislation in the Boston City Council that takes direct aim at Eversource’s controversial substation plan in  East Eagle Square.

Edwards said the legislation aims to secure the environmental rights of Boston residents and ensure the city has adequate safeguards against impactful energy and industrial projects.

In January the Conservation Law Foundation (CLF) filed an appeal on behalf of more than ten residents in Eastie to stop construction of the Eversource substation that the state’s Department of Environmental Protection (DEP) recently granted a license.

In its appeal CLF argues state officials shut the community out of the planning process for the project, wrongfully characterized the substation as a water-dependent use, and failed to consider the negative impact on environmental justice populations.

Edwards’ said her council district and home neighborhood of Eastie are burdened by air pollution, a lack of tree canopy and open space, and climate impacts such as flooding and sea level rise–factors made worse by the irresponsible siting and expansion of certain energy and industrial facilities.

“Residents of the City of Boston have repeatedly been denied environmental rights which are fundamental to our state constitution,” said Edwards. “Where justice has been denied, we will legislate new protections and safeguards for residents against energy companies that have abused their power for too long.”

Edwards’s “An Act to Secure Environmental Justice in the City of Boston”, a home rule petition, would make three targeted changes to Boston’s Zoning Enabling Act.

The legislation would empower the Building Commissioner of the City of Boston to enforce state constitution and law by issuing a stop work order to projects that violate legally established environmental rights. It would remove a current exemption for utility companies from complying with Boston’s zoning code in the future as well as direct the Boston Zoning Commission to establish clear rules for zoning review of energy projects.

“We at GreenRoots have firsthand knowledge of how utility companies ignore communities and fast track processes,” said John Walkey of GreenRoots. “This necessary tool will center community and environmental justice.”

CLF’s appeal challenges the site’s Chapter 91 state waterfront license. Massachusetts’ Chapter 91 regulations require waterfront projects to provide certain community benefits that are greater than project detriments. CLF argues by mischaracterizing this project as a water-dependent use, Eversource and state officials are effectively sidestepping more rigorous review and public benefit requirements that should be required for this site.

Eastie residents were promised an athletic field and natural flood protection buffer on the Condor Street property, which was City land until Eversource was given the prime waterfront site in a hastily arranged land swap with the City to build the new Bremen Street Branch Library. Eversource owned the land the current library sits on but was given city land on the Chelsea Creek so the library could be built.

Prior to the land swap, the City’s Inspectional Services Department granted Eversource a complete waiver on basic City review of the project. The City gave Eversource this rarely-given blanket waiver without any notice to neighbors or opportunity for comment.

“The East Boston community deserves to have their voices heard,” said CLF Vice President Staci Rubin.  “Officials have repeatedly ignored the fact that residents overwhelmingly oppose the Eversource project in their neighborhood. Senator Edwards is absolutely right to continue to push for environmental justice for East Boston.”

The state’s Energy Facilities Siting Board (EFSB) unanimously approved Eversource’s highly controversial plan to build a new substation in February 2021.

Despite state Energy and Environmental Affairs Secretary Kathleen Theoharides saying at Monday’s hearing that the substation would be placed in a “heavily, heavily industrialized area within an environmental justice community that has historically suffered disproportionate environmental harms and a heavy burden of infrastructure” she still voted in favor of Eversource’s plans as an EFSB board member.

The project was then granted a license from the DEP.

During Boston’s Municipal Election in November a non-binding ballot question was posed to voters here and across the city asking if the substation should be sited in East Eagle Square. An overwhelming number of voters thought Eversource should not build a substation in Eastie and seek a nearby alternative location such as non-residential Massport land at Logan Airport.

During the election 5,755 Eastie voters voted “NO” on Question 2 with only 600 voting “YES”. A NO vote meant that the voter opposed building the substation at the proposed East Eagle Square location and favored locating the facility at a secure location such as Logan Airport.

Citywide 101,953 voters voted “NO” on the ballot question with only 19,797 voting “YES”.  At 101,953 NO votes against the substation received the largest single vote total for any ballot measure or candidate in Boston over the last 17 municipal elections according to the City of Boston Election Department records.

Historically, a non-binding  ballot question provides information to elected officials and the public of voter sentiment on a particular issue and it seems most Bostonians are on Eastie’s side when it comes to this particular issue.

Edwards is filing the home rule petition as a city councilor and will seek local passage prior to her conclusion of service on the council in April.

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