Budget Amendment ID: FY2013-S4-156
ENV 156
Wildlife Habitat Purchase
Ms. Flanagan moved that the proposed new text be amended in section 2, in item 2310-0316, by striking out the figure “$1,000,000” and inserting in place thereof the following figure:- “$1,500,000”
Budget Amendment ID: FY2013-S4-157
ENV 157
Yarmouth Marina
Mr. Wolf moved that the proposed new text be amended by inserting, after section 161, the following new section: -
"SECTION XX. Notwithstanding any general or special law, rule or regulation or performance standard to the contrary, and in order to increase access to the Yarmouth waterfront; to promote the increase, preservation and restoration of salt water marshes, wetlands and wetland vegetation; to provide quicker public safety response, to provide the area’s first permanent boat waste pump-out facility, to reduce fuel spills by providing the area’s first fully contained fuel station; to educate the public in habitat restoration and creation, and provide other improvements beneficial to the public interest, the legislature finds that the Yarmouth Marina Project located on Parker’s River at the site of the former drive-in theater on Route 28 in the Town of Yarmouth demonstrates an overriding public interest and shall be exempt from any Department of Environmental Protection review under the Wetlands Protection Act and a Water Quality Certification under the Massachusetts Clean Waters Act (401 Water Quality Certification Program) provided that the town shall mitigate any disturbance of wetland vegetation by aggressive attempts at restoration or rehabilitation of an area or areas of distressed wetland vegetation of a total area of not less than twice the area of wetland vegetation disturbed.”
Budget Amendment ID: FY2013-S4-158-R1
Redraft ENV 158
Emergency Food Assistance
Messrs. Hart and Downing and Ms. Donoghue, Ms. Clark and Ms. Chandler and Messrs. Joyce and Brownsberger moved that the proposed new text be amended in section 2, in item 2511-0105, by striking out the figures "$11,500,000" and inserting in place thereof the
figure "$12,500,000".
Budget Amendment ID: FY2013-S4-160
ENV 160
Port Norfolk/Schaeffer Paper Site
Mr. Hart moved that the proposed new text be amended in section 2, in item 2810-0100, “provided further, that no less than $3,000,000 shall be expended for the design and construction of DCR park land and for the environmental cleanup of the Schaffer paper site in the Port Norfolk section of Dorchester;” and in said item by striking out the figures “40,869,387” and inserting the figures “43,869,387”.
Budget Amendment ID: FY2013-S4-161-R1
Redraft ENV 161
Agricultural Inspection and Infrastructure Trust Fund
Messrs. Rush and Rodrigues moved that the proposed new text be amended , by inserting after section 51 the following section:-
“SECTION 51A. Chapter 20 of the General Laws is hereby amended by adding the following 2 sections:-
Section 32. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Agricultural Inspection and Infrastructure Trust Fund, consisting of revenues received pursuant to: (1) chapters 128, 129 and 132; (2) poultry testing fees for services established by 330 CMR 5.00 et seq., and section 3B of chapter 7; (3) interest or investment earnings on any such monies; and (4) all other monies credited or transferred to the fund from any other fund or service.
(b) Funds in the fund may be expended without further appropriations on programs and costs pursuant to: (1) sections 32 to 38 inclusive of chapter 128; (2) the integrated pest management program established pursuant to chapter 132B and chapter 85 of the acts of 2000; (3) spay and neuter programs and animal rescue and shelter programs established pursuant to section 2 of chapter 129; (4) poultry testing program established by 330 CMR 5.00 et seq.; and (5) the Agricultural Innovation Center.
(c) The unexpended balance in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.
Section 33. (a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Agricultural Products Promotion and Marketing Trust Fund, consisting of revenues received from agricultural commodity groups, non-profit organizations, private entities from donations or fees for services or goods provided to such entities pursuant to section 3B of chapter 7 or from other state or federal agencies as well as interest or investment earnings on such monies and all other monies credited or transferred thereto from any other fund or source.
(b) The fund may be expended without further appropriation on programs and costs associated with marketing initiatives including, but not limited to, MassGrown & Fresher and the Commonwealth Quality Program.
(c) Any unexpended balance in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.” and
by inserting after section 85 the following 4 sections:-
“SECTION 85A. Section 32 of chapter 128 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 16 and 17, the words “, which in no case shall exceed five dollars per registrant, regardless of the number of colonies so registered by him”.
SECTION 85B. Section 35 of said chapter 128, as so appearing, is hereby amended by striking out, in line 17, the words “two hundred and fifty dollars” and inserting in place thereof the following figure:- $2,000.
SECTION 85C. Section 26B of chapter 129 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- The secretary of administration and finance may set reasonable fees for any testing or inspections under this section.
SECTION 85D. Section 2 of chapter 132B of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Pesticide”, the following definition:– “Pesticide Dealer”, a person licensed as a pesticide sales dealer and a pesticide company dealer as may be further regulated by the department.”
Budget Amendment ID: FY2013-S4-162
ENV 162
DCR State and Urban Parks
Messrs. Rush, DiDomenico and Donnelly moved that the proposed new text be amended in section 2, in item 2810-0100, by striking the figures “$40,869,387” and inserting in place thereof the figures “$41,799,861”.
Budget Amendment ID: FY2013-S4-163
ENV 163
Rehabilitation and Refurbishment of Alumni Field, Lowell
Ms. Donoghue moved that the proposed new text be amended in section 2, in item 2810-0100, by adding, after the year “2008” the following:- provided further that not less than $485,000 shall be expended for the rehabilitation and refurbishment of the Alumni Field in Lowell, Massachusetts;
Budget Amendment ID: FY2013-S4-164
ENV 164
North River Commission Funding
Messrs. Hedlund and Kennedy moved that the proposed new text be amended in section 2, in item 2800-0100, by inserting, at the end thereof, the following: "provided that $30,000 be expended for the purposes of funding the North River Commission (serving five South Shore communities) pursuant to the Legislature’s Scenic Protective Order of 1978;"
Budget Amendment ID: FY2013-S4-165-R2
2nd Redraft ENV 165
Improve Recycling
Mr. Hedlund and Ms. Jehlen and Messrs. Ross, Tarr and Knapik moved that the proposed new text be amended by inserting at the end thereof the following new sections:-
SECTION XX. Section 321 of chapter 94 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the words "carbonated soft drinks", in line 4, the following words:- "noncarbonated beverages including mineral water, flavored and unflavored water, vitamin water, and other water beverages, tea, sports drinks, isotonic drinks; and all other non-alcoholic carbonated and noncarbonated drinks in liquid form intended for human consumption, except milk and beverages that are primarily derived from dairy products, infant formula, and FDA-approved medicines."
SECTION XX. Paragraph 3 of said section 321 of said chapter 94, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- This definition shall not include containers made of paper-based biodegradable material and aseptic multi-material packaging.
SECTION XX. Said section 321 of said chapter 94, as so appearing, is hereby further amended by inserting after the definition of "Plastic bottle" the following definition:-
"Redemption center", any business whose primary purpose is the redemption of beverage containers and is not ancillary to any other business,
SECTION XX. Said section 321 of said chapter 94, as so appearing, is hereby further amended by inserting after the definition of "Reusable beverage container" the following definition:-
"Small dealer", any person or business, including any operator of a vending machine, who engages in the sale of beverages in beverage containers to consumers in the commonwealth, whose operating premises are less than 4000 square feet.
SECTION XX. Section 323 of said chapter 94, as so appearing, is hereby amended by inserting before the first sentence of paragraph (e) the following sentence:- The executive office of environmental affairs shall promulgate rules and regulations for the licensure of redemption centers, and may set fees for the licensing of such redemption centers.
SECTION XX. Paragraph (c) of said section 323 of said chapter 94 of the General Laws, as so appearing, is hereby amended by striking out the words "one cent" and inserting in place thereof the words "three and one quarter cents" and by adding the following sentence:- The handling fee shall be reviewed semi-annually by the secretary of the executive office of energy and environmental affairs and adjustments made to reflect increases in costs incurred by redemption facilities.
SECTION XX. Paragraph (d) of said section 323 of said chapter 94, as so appearing, is hereby amended by striking out the words "one cent" and inserting in place thereof the words "three and one quarter cents" and by adding the following sentence:-
The handling fee shall be reviewed semi-annually by the secretary of the executive office of energy and environmental affairs and adjustments made to reflect increases in costs incurred by redemption facilities.
SECTION XX. Said section 323 of said chapter 94, as so appearing, is hereby further amended by inserting after the word "civil", in line 73, the words "or administrative".
SECTION XX: Notwithstanding any general or special law to the contrary, the secretary of the executive office of energy and environmental affairs shall, on or before January 1, 2013, promulgate regulations providing small dealers as defined herein with the ability to seek exemptions from accepting empty deposit containers. Said regulations shall consider at least the health and safety of the public; the convenience for the public, including standards governing distribution of centers by population or by distance or both, the size and storage capacity of the dealer(s) to be served by the redemption center and the size and storage capacity of the redemption center. The order approving a local redemption center license must state the dealers to be served and the kinds, sizes and brand names of empty beverage containers that the center accepts.
SECTION XX. Section 327 of said chapter 94 of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following paragraphs:-
The department of environmental protection may enforce the provisions of section 321; paragraphs (a) through (f), inclusive, of section 322; paragraph (i) of section 323; section 323A; section 323F; section 324 and section 325. Any bottler, distributor, redemption center, or dealer who violates any of the foregoing provisions shall be subject to an administrative penalty for each violation of not more than $1,000.
The department of revenue may enforce the provisions of paragraphs (g) and (h) of section 323 and sections 323B to 323E, inclusive. Any bottler, distributor, redemption center, or dealer who violates any of the foregoing provisions shall be subject to an administrative penalty for each violation of not more than $1,000.
SECTION XX. Said section 327 of said chapter 94 of the General Laws, as so appearing, is hereby further amended by inserting after the word "civil", in line 14, the words "or administrative".
SECTION XX. This act shall take effect on January 15, 2013.
Budget Amendment ID: FY2013-S4-165.2
Further ENV 165.2
Bottle Bill Study
Messrs. Pacheco, Tarr, Knapik and Michael O. Moore moved that the amendment be amended by striking out the text of amendment 165 and inserting in place thereof the following text:-
by inserting after section 155, the following new section: -
SECTION 155A. Notwithstanding any general or special law to the contrary, there shall be a commission to develop recommendations for promoting recycling and reducing the generation of solid waste. The examination shall include, but shall not be limited to, determining the fiscal and environmental costs and benefits of an expansion of the so-called “bottle bill” referenced in section 321 of chapter 94. The commission shall include the following members: the secretary of energy and environmental affairs, who shall serve as chair; the commissioner of the department of environmental protection; 2 members chosen by the senate president; 1 member chosen by the senate minority leader; 2 members chosen by the speaker of the house; 1 member chosen by the house minority leader; 1 who is a member of the Massachusetts Beverage Association; 1 who is a member of the Sierra Club; 1 who is a member of the Massachusetts Audobon Society; and 1 who is a member of the MASSPIRG.
The commission shall file the results of its study, together with drafts of legislation, if any, necessary to carry out its recommendations, by filing the same with the clerks of the house of representatives and the senate who shall forward a copy of the study to the house and senate committees on ways and means, the joint committee on telecommunication, utilities and energy and the joint committee on environment, natural resources and agriculture not later than January 1, 2013.
Budget Amendment ID: FY2013-S4-166-R1
Redraft ENV 166
INCREASED SEWER RATE RELIEF
Mr. Tarr moved that the proposed new text be amended by inserting, after section ___, the following new section:-
“SECTION__. Section 2Z of Chapter 29 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding after the word “Project” in line 21 the following:- "and any project in which construction has been initiated and for which completion has been scheduled in Fiscal Year 2005 or thereafter in which the total cost is greater than $8,000 per capita on a per resident basis as determined by the most recent United States census or any sewer system that experiences extraordinary rate increases or extraordinary costs of construction due to a mandate pursuant to environmental laws and regulations.”
Budget Amendment ID: FY2013-S4-167
ENV 167
INTEGRATED PEST MANAGEMENT
Mr. Tarr moved that the proposed new text be amended in section 2, in item 2511-3002, by inserting after the word “program” the following:-
“provided, that the department shall expend sufficient funds for the development and implementation of a monitoring and mitigation plan for the eradication of the brown marmorated stink bug and the spotted wing drosophila by the University of Massachusetts Amherst Center for Agriculture”
Budget Amendment ID: FY2013-S4-168-R1
Redraft ENV 168
PHRAGMITES MITIGATION
Mr. Tarr moved that the proposed new text be amended in section 2, in item 2300-0101, by inserting after the word “division;” the following language:- “provided, that funds shall be expended on a phragmites mitigation plan in marshes between Gloucester and Salisbury;”
Budget Amendment ID: FY2013-S4-169
ENV 169
Striped Bass Annual Hearing
Messrs. Timilty, Richard T. Moore and Brownsberger moved that the proposed new text be amended by adding at the end thereof the following new Section:-
“Notwithstanding any general or special law to the contrary, the director of the division of marine fisheries shall annually, in December, hold a hearing on the relative social and economic values of the striped bass as both a game fish and a commercial fish; provided further that said hearing shall include, but not be limited to, an analysis of the latest “young of the year” report from Maryland, the latest National Oceanic and Atmospheric Administration report on the amount of commercial and recreational landings on the east coast and in Massachusetts, all materials generated by the Atlantic State Marine Fisheries Commission’s striped bass subcommittee, an analysis of the number of commercial licenses sold in prior seasons and the number of pounds of striped bass landed by commercial fishermen holding a commercial license, an overview of the number of trips by charter boats fishing for striped bass and the average catch per trip, a review of a survey to be done by bait and tackle shops on the volume of business attributable to striped bass fishery and any other economic analysis that is important to the revenues generated for the Commonwealth by the recreational and commercial striped bass fishery”.
Budget Amendment ID: FY2013-S4-170
ENV 170
Annual Testing of Striped Bass
Messrs. Timilty, Richard T. Moore and Brownsberger moved that the proposed new text be amended by adding at the end thereof the following new Section:-
"SECTION X. Notwithstanding any general or special law to the contrary, the department of environmental protection office of research and standards shall conduct an annual testing program on contaminants, including but not limited to mercury, polychlorinated biphenyls, dioxin, mirex, dichlorodiphenyltrichloroethane, chlordane and dieldrin, in striped bass. The results of said research program shall be published annually and forwarded to the department of public health for the purpose of publishing warnings to the public should levels of contaminants in the striped bass cause health concerns related to consumption of the fish by pregnant women or the general population. The testing program shall be conducted so as to have the maximum impact for the safety of the general population based around the commercial and recreational striped bass fishing season in the commonwealth. Should there be a finding of elevated contaminants in striped bass by the department of environmental protection, the department of environmental protection shall inform the department of public health of said findings. After an assessment of the findings by the department of public health, should further action be warranted, the department of public health shall direct the division of marine fisheries to institute a public health awareness and notification program for striped bass caught commercially and recreationally, and the division of marine fisheries in conjunction with the department of public health shall institute a fish consumption warning labeling program for striped bass sold for human consumption in fish stores, fish markets, on docks or wharves in Massachusetts as well as other regional or national markets."
Budget Amendment ID: FY2013-S4-171
ENV 171
Silent Spring
Mr. Wolf moved that the proposed new text be amended in section 2, in item 2200-0100, provided further, that funds shall be distributed to Silent Spring Institute to conduct a study of emerging contaminants in Cape Cod drinking water and groundwater
Budget Amendment ID: FY2013-S4-172
ENV 172
Blue Hills Observatory Lease
Mr. Joyce moved that the proposed new text be amended by inserting at the end thereof the following new section:-
“SECTION __: Section 104 of Chapter 182 of the Acts of 2008 is hereby amended in the third paragraph of subsection (a) by striking the words "General Fund" and inserting in place thereof the following: - "Blue Hills Reservation Trust Fund in accordance with Section 34C of Chapter 92 of the General Laws”
Budget Amendment ID: FY2013-S4-173
ENV 173
Blue Hills Observatory Operations
Mr. Joyce moved that the proposed new text be amended by inserting after line item 2820-2000 the following line item: “2820-XXXX”…For the costs associated with the Blue Hills Observatory and Science Center………………………………………..$100,000”
Budget Amendment ID: FY2013-S4-174
ENV 174
Blue Hills Ski Area Lease
Mr. Joyce moved that the proposed new text be amended by inserting at the end thereof the following section:-
“SECTION __: Section 105 of Chapter 182 of the Acts of 2008 is hereby amended in the third paragraph of subsection (a) by striking the words "General Fund" and inserting in place thereof the following: - "Blue Hills Reservation Trust Fund in accordance with Section 34C of Chapter 92 of the General Laws”
Budget Amendment ID: FY2013-S4-175
ENV 175
Borderland State Park Trust Fund
Mr. Joyce moved that the proposed new text be amended by inserting at the end thereof the following section:-
SECTION __: (a) Chapter 92 of the General Laws is hereby amended by inserting after section 34C the following section:-
Section 34D. Notwithstanding any general or special law or administrative bulletin to the contrary and pursuant to section 34, there is hereby established and set up on the books of the commonwealth a separate fund, to be known as the Borderland State Park Trust Fund, which shall be used for the purposes of advancing recreational, educational and conservation interests, including, but not limited to, the construction and maintenance of facilities and infrastructure improvements for the area within the reservation. The trust shall receive, hold and expend with the advice of the Borderland Advisory Council, all fees generated by parking, permits, licenses and all other agreements not currently being directed to the General Fund relating to the use of the park land as authorized by the commission. The department shall not make expenditures from this fund so as to cause the fund to be deficient.
(b) This law shall be commonly be referred to as "The William Hocking Law"
(c) This act shall take effect upon passage.
Budget Amendment ID: FY2013-S4-176
ENV 176
Forge Pond Dam
Mr. Joyce moved that the proposed new text be amended in section 2, in item 2800-0700, by inserting the following:
“; provided further that $50,000 shall be expended for the design, planning and repair of Forge Pond Dam in the Town of East Bridgewater”
and further by striking out the figure “$370,705” and inserting in place thereof the following figure:- “$420,705”
Budget Amendment ID: FY2013-S4-177
ENV 177
Great Cedar Swamp
Mr. Joyce moved that the proposed new text be amended in section 2, in item 2800-0700, by inserting the following:
“; provided further that $200,000 shall be expended for the restoration of the Great Cedar Swamp in the Town of Sharon”
and further by striking out the figure “$370,705” and inserting in place thereof the following figure:- “$570,705”
Budget Amendment ID: FY2013-S4-178
ENV 178
Buy Local Programs
Messrs. Downing, Tarr, Rosenberg and Knapik moved that the proposed new text be amended in section 2, in item 2511-0100, by striking the wording “provided further, that funds may be expended to enhance the buy local effort in western, central, northeastern and southern Massachusetts” and inserting in place thereof the following:- “provided further, that no less than $200,000 may be expended to enhance the buy local effort in western, central, northeastern and southern Massachusetts”
Budget Amendment ID: FY2013-S4-179
ENV 179
Holyoke Heritage State Park
Mr. Knapik moved that the proposed new text be amended in section 2, in item 2810-0100, by striking out the figure “$40,869,387” and inserting in place thereof the following figure:- “40,954,387”.
And further, in the same item, by adding at the end thereof the following: “provided further, that not less than $85,000 shall be expended for Holyoke Heritage State Park in the city of Holyoke for the instillation of emergency lighting and for HVAC and boiler replacement”
Budget Amendment ID: FY2013-S4-180
ENV 180
Algea Removal
Mr. McGee moved that the proposed new text be amended in section 2, in item 2800-0501, by adding the following: “;provided further, that no less than $50,000 shall be expended for the cleanup of Pilayella algae on the Nahant Beach Reservation and Long Beach in the town of Nahant, and on King's Beach in the city of Lynn".
Budget Amendment ID: FY2013-S4-181
ENV 181
Lynn Brownfield Cleanup
Mr. McGee moved that the proposed new text be amended in section 2, in item 2260-8870, by adding the following: “; provided further, that no less than $90,000 shall be provided for Brownfield redevelopment in the City of Lynn”.
Budget Amendment ID: FY2013-S4-182
ENV 182
Ponkapoag Golf Course Lease I
Mr. Joyce moved that the proposed new text be amended by inserting at the end thereof the following section:-
SECTION __: (a) Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the division of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation, may lease and enter into other agreements with the town of Canton, for the sum of $1.00 as consideration for the lease, for terms not to exceed 25 years, for the Ponkapoag Golf Course in the town of Canton so as to provide for the continued use, operation, maintenance, repair and improvement of the golf courses, practice greens, driving range, restaurant and any other structure and associated lands which constitute the facilities of the Ponkapoag Golf Course; The division of capital asset management and maintenance and the town of Canton have until April 1, 2013 to reach a lease agreement.
(b) Section 103 of Chapter 182 of the Acts of 2008 is hereby amended in subsection (b) by striking the section in its entirety.
(c) Subsection (d) of said section 103 of said chapter 182 is hereby amended by striking out the words “and the review shall include an examination of the methodology utilized for establishing a lease price.”
(d) Subsection (f) of said section 103 of said chapter 182 is hereby amended by striking out the subsection in its entirety.
Budget Amendment ID: FY2013-S4-183
ENV 183
Ponkapoag Golf Course Lease II
Mr. Joyce moved that the proposed new text be amended by inserting at the end thereof the following section:-
SECTION __. (a) Subsection (a) of section 103 of chapter 182 of the acts of 2008 is hereby amended by striking out the first paragraph and inserting in place thereof the following:-
Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the division of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation, using such competitive proposal process as the division considers necessary or appropriate, may lease and enter into other agreements, for terms not to exceed 25 years with 1 or more operators, for the Ponkapoag Golf Course in the town of Canton so as to provide for the continued use, operation, maintenance, repair and improvement of the golf courses, practice greens, driving range, restaurant and any other structure and associated lands which constitute the facilities of the Ponkapoag Golf Course; provided, however, that the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, shall give priority to a proposal submitted by the town of Canton or by a nonprofit organization within the town of Canton which complies with the requirements of this section. The division of capital asset management and maintenance shall provide the town of Canton with not less than 120 days to determine whether the town shall submit a proposal before soliciting proposals under subsection (b); and provided further, that if the town of Canton executes a lease of the golf course under this section it shall not assign or otherwise transfer the lease to a third party
(b) Subsection (b) of said section 103 of said chapter 182 is hereby amended by striking out the first paragraph and inserting in place thereof the following:-
If no lease agreement is reached with the town of Canton under subsection (a) before April 1, 2013, the division of capital asset management and maintenance, in consultation with and on behalf of the department of conservation and recreation, shall solicit proposals through a request for proposals which shall include key contractual terms and conditions to be incorporated into the contract including, but not limited to: (1) a comprehensive list of all recreational facilities operated by the responsive bidder or offeror in the last 4 years; (2) other facilities management or experience of the responsive bidder or offeror; (3) a senior citizens’ and children’s discount program; (4) reservation policies; (5) proposed reasonable rates that ensure continued public access; (6) required financial audits; (7) policies to encourage use of the golf course by persons of all races and nationalities; (8) safety and security plans; (9) seasonal opening and closing dates; (10) hours of operation; (11) holiday recognition; (12) grievance processes; (13) clubhouse license; (14) a provision that the facility shall be maintained as a 36-hole public golf course; (15) a provision that the lessee shall not construct facilities on the grounds of the golf course or any property appurtenant thereto; provided, however, that the lessee may construct facilities with the written approval of the commissioner of conservation and recreation and the majority vote of the board of selectmen in the town of Canton; and (16) a host community agreement between the designated operator and the town of Canton. Any increase in fees, including fees for season passes and club memberships, and any increase in charges for greens’ fees or golf cart or club rentals shall be approved in writing by the commissioner of conservation and recreation; provided, however, that in considering any request for an increase in fees, the commissioner shall consider, without limitation: (i) any capital investment made by the contractor or lessee; (ii) the fees and charges at other public golf courses within reasonable proximity; and (iii) the length of time since the last fee increase.
Budget Amendment ID: FY2013-S4-184
ENV 184
Shepard's Pond Dam
Mr. Joyce moved that the proposed new text be amended in section 2, in item 2800-0700, by inserting the following:
“; provided further that funds may be expended for the design, planning and repair of Shepard’s Pond Dam in the Town of Canton”
Budget Amendment ID: FY2013-S4-185
ENV 185
Trailside Museum
Mr. Joyce moved that the proposed new text be amended in section 2, in item 2810-0100, by inserting the following: -
“; and provided further, that funds shall be expended for the purposes set out in item 2800-9004 of section 2 of chapter 182 of the acts of 2008”
Budget Amendment ID: FY2013-S4-186
ENV 186
Water Treatment Plant
Mr. Joyce moved that the proposed new text be amended in section 2, in item 2250-2000, by inserting the following:
“; and provided further that the Commonwealth shall pay for one half of the construction costs of a Department of Environmental Protection-mandated water treatment plant for the towns of Randolph, Braintree, and Holbrook”
Budget Amendment ID: FY2013-S4-187
ENV 187
Environmental Health Services
Mr. Brownsberger and Ms. Fargo and Mr. Donnelly moved that the proposed new text be amended in section 2, in item 4510-0600, by striking out the figure "$3,231,212" and inserting in place thereof "$3,313,711".
Budget Amendment ID: FY2013-S4-188
ENV 188
Metropolitian Beaches Commission 2
Messrs. Hart and Hedlund moved that the proposed new text be amended in section 2, in item XXXX-XXXX, by inserting after item 9770-0000 the following item:
“9700-0020 For the special commission on metropolitan beaches, commonly known as the Metropolitan Beaches Commission, created pursuant to section 36 of chapter 45 of the Acts of 2005 $ 125,000
Budget Amendment ID: FY2013-S4-189
ENV 189
Riverways Protection Program
Messrs. Downing, Brownsberger, Joyce and Eldridge moved that the proposed new text be amended in section 2, in item 2300-0101, by striking the figure “$416,974” and inserting in place thereof the following figure:- “$480,000”.
Budget Amendment ID: FY2013-S4-190
ENV 190
Hazardous Waste Oversight
Messrs. Donnelly, Brownsberger and Michael O. Moore moved that the proposed new text be amended in section 2, in item 2260-8870, by inserting at the end of the section the following sentence:-
provided further that no less than $426,162 shall be expended to meet the fiscal year 2013 costs of salary adjustments and other economic benefits authorized by collective bargaining agreements between the Commonwealth and labor unions at the department, including the National Association of Government Employees Units 1 and 6 and the Massachusetts Organization of State Engineers and Scientists.
and further by striking the figure "$12,804,430" and inserting in place thereof the following figure:- $13,230,592.
Budget Amendment ID: FY2013-S4-191
ENV 191
Low Energy Street Lighting
Ms. Spilka and Mr. Ross moved that the proposed new text be amended in section 2, in item 2000-0100, by inserting after the word “program” the following words:-
“; provided that, not less than $5,000 shall be expended for a pilot program utilizing low energy street lighting in the town of Natick”;
And by striking out the figure “$5,856,081” and inserting in place thereof the figure:- “5,861,081”.
Budget Amendment ID: FY2013-S4-192
ENV 192
Hunting with Artificial Light
Mr. Ross moved that the proposed new text be amended Mr. Ross moves to amend the bill (Senate No. 4) by inserting, after SECTION XX, the following new section:-
“SECTION XX. Chapter 131 of the General Laws, as so appearing, is hereby amended by striking, in section 68, the words “raccoon or opossum” and inserting in place thereof the following words:-
‘raccoon, opossum, fox or coyote’”.
Budget Amendment ID: FY2013-S4-193-R1
Redraft ENV 193
SCHOONER ERNESTINA
Mr. Montigny moved that the proposed new text be amended in section 2, in item 2800-0100, <w:p><w:r><w:t xml:space="preserve">by adding at the end thereof the following:
“provided further, funds may be expended for the Schooner Ernestina in New Bedford.”
Budget Amendment ID: FY2013-S4-194-R1
Redraft ENV 194
Cape and Vineyard Electric Cooperative
Mr. Wolf moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">by inserting, after Section 161, the following new section: -
SECTION XX. Section 139 of chapter 164 of the General Laws as so appearing, is hereby amended by inserting after the word “megawatts”, in line 73, the following words: -
“provided, that a cooperative corporation organized under section 136 that is comprised solely of municipalities or other governmental entities may qualify as the customer of a net metering facility of a municipality or other governmental entity and such cooperative corporation may allocate the facility's generating capacity to a municipality or other governmental entity with the written assent of (1) such municipality or other governmental entity and (2) the department. A municipality or governmental entity may not exceed 10 megawatts, whether as a customer of a net metering facility or from allocated generating capacity from such cooperative corporation.”
Budget Amendment ID: FY2013-S4-196
ENV 196
Safe Drinking Water Act Assessment
Mr. Eldridge moved that the proposed new text be amended in section 2, in item 2250-2000, by striking out the figure $1,515,313 and inserting in place thereof the following figure:- $1,603,609.
Budget Amendment ID: FY2013-S4-197
ENV 197
BUY LOCAL PROGRAM SPENDING
Messrs. Tarr and Knapik moved that the proposed new text be amended in section 2, in item 2511-0100, in line 8, by striking the word “may” and inserting in place thereof the following word:- “shall”.
Budget Amendment ID: FY2013-S4-198-R1
Redraft ENV 198
SHELLFISH PURIFICATION PLANT
Messrs. Tarr, Petruccelli and Hedlund moved that the proposed new text be amended in section 2, in item 2330-0100, by striking out item 2330-0100 and inserting in place thereof the following item:-
“2330-0100 For the operation of the division of marine fisheries, including expenses of the Annisquam river marine research laboratory, marine research programs, a commercial fisheries program, a shellfish management program, including coastal area classification, mapping and technical assistance, the operation of the Newburyport shellfish purification plant and a shellfish classification program; provided, that funds shall be expended on a recreational fisheries program to be reimbursed by federal funds; provided further, that the division shall continue to develop strategies to improve federal regulations governing the commercial fishing industry and to promote sustainable fisheries; provided further, that $400,000 shall be spent for the operation of the Newburyport shellfish purification plant; provided further, that the division may solicit competitive proposals for the utilization of excess processing capacity at the Newburyport shellfish purification plant, which may include proposals to offer wet storage and desanding services at the plant as described in the shellfish purification plant management plan dated March 1, 2012; provided further, that the division shall be under no obligation to consider or implement any proposal that the division determines would displace, impede or otherwise hinder the existing functions of the plant; provided further, the division may conduct one or more public hearings in order to evaluate the merits of any proposals received and shall develop estimates of the costs and benefits of the proposals, including, but not limited to, the creation of new markets, employment opportunities and competitive advantages for the commonwealth; provided further, the division shall complete a report of its findings pursuant to this item not later than 6 months following the passage of this act, and shall file that report with the clerks of the house and the senate and with the house and senate committees on ways and means; provided further, that the division may enter into 1 or more contracts based on proposals received, provided that the division shall notify the house and senate committees on ways and means not later than 60 days prior to taking any such action; and provided further, that any proceeds derived from these activities shall be retained and shall be deposited into item 2330-0150.....$4,612,837”; and
in said section 2 by striking out item 2330-0150 and inserting in place thereof the following item:-
“2330-0150.. For the operation and maintenance of the Newburyport shellfish purification plant; provided, that the division of marine fisheries may expend not more than $200,000 from revenue collected from fees generated by operations; provided further, that the division shall submit a report detailing the revenues collected and expended and shellfish volume increase realized from the implementation of the shellfish purification plant management plan dated March 1, 2012 to the executive office of environmental affairs, the executive office for administration and finance and the house and senate committee on ways and means not later than February 28, 2013; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division of marine fisheries may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system…$200,000”.
Budget Amendment ID: FY2013-S4-199
ENV 199
Recycling and Solid Waste Management
Messrs. Eldridge and DiDomenico and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 2200-0107, by striking out the figure $275,000 and inserting in place thereof the following figure:- $375,000.
Budget Amendment ID: FY2013-S4-200
ENV 200
Study of Brominated Flame Retardants
Mr. Hedlund moved that the proposed new text be amended in section 2, in item 2210-0105, by inserting the following:
Provided further, the University of Massachusetts Lowell’s Toxic Use Reduction Institute (TURI) shall conduct a study of the negative public health and environmental effects of polybrominated diphenyl ethers (PBDE) (brominated flame retardants) in the Commonwealth and shall report the findings and recommendations of its study to House and Senate Chairs of the Joint Committee on Environment, Natural Resources and Agriculture, the Joint Committee on Public Health, the Chair of the House Committee on Ways and Means and the Chair of the Senate Committee of Ways and Means by December 31, 2013.
Budget Amendment ID: FY2013-S4-201
ENV 201
Blue Hills Parkway
Mr. Joyce moved that the proposed new text be amended in section 2, in item 2810-0100, by inserting the following:
“; provided further that funds may be expended to complete phase 2 of the Blue Hills Parkway Project in the Town of Milton”
Budget Amendment ID: FY2013-S4-202-R2
2nd Redraft ENV 202
Dam, Seawall and Retaining Wall Infastructure Fund
Messrs. Hedlund, Ross, Knapik and Tarr moved that the proposed new text be amended by inserting, after Section XX, the following new Section:-
SECTION XX: Chapter 29 of the General Laws is hereby amended by inserting after section 2EEEE, inserted by section 18 of chapter 194 of the acts of 2011, the following section:-
2FFFF. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Dam, Sea Wall and Retaining Wall Infrastructure Fund, hereinafter referred to as the fund. There shall be credited to said fund monies appropriated to the fund by the general court and any monies credited or transferred to the fund from any other fund or source and to include without limitation any investment earnings on fund monies. The fund shall be administered by the executive office of energy and environmental affairs.
Amounts credited to the fund shall be used, without further appropriation, to provide grants or loans to local governmental units and other eligible borrowers to finance or refinance costs of eligible coastal and inland waterways infrastructure projects including, but not limited to, seawalls, jetties, revetments, retaining walls, levies, dams and other means of flood control. A local governmental unit shall include a town, city, district, commission, agency, authority, board or other instrumentality of the commonwealth or any of its political subdivisions, including any regional local governmental unit.
A local governmental unit and other eligible borrowers may apply to the executive office of energy and environment affairs for financial assistance to assist in financing the cost of coastal and inland waterway infrastructure projects. The executive office of energy and environment affairs may promulgate rules and regulations for the administration and implementation of this section, including, but not limited to, a priority system and priority list for the approval of projects and the determination of eligible borrowers and eligible costs of projects. Consideration for eligibility shall be given to an applicant for a structure identified by the federal government as requiring imminent infrastructure improvement. Factors to consider when prioritizing grants from the fund shall include: (i) affirmative steps taken by local governmental bodies to identify future infrastructure needs; (ii) applicable data from Federal Emergency Management Agency or the National Flood Insurance Program demonstrating areas in the commonwealth that are subject to repetitive property damage and are a priority for coastal and inland waterways infrastructure projects; Fiscal Year 2013 budget Recommendations (iii) demonstrated flood prevention efforts and financial contributions made by the applicant; (iv) projects to repair or remove high hazard and significant hazard dams, as defined by department of conservation and recreation regulations. The department may consult with and receive inspection and other support from the department of fish and game, the division of fisheries and wildlife and the riverways program, or any successor agencies, to accomplish its duties pursuant to this section; and, (v) dams that exacerbate flooding regardless of classification or condition and that if removed will increase natural floodplain capacity.
Monies deposited into the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year. Any repayment by borrowers of loans of financial assistance from fund monies shall be credit to the fund.
(a) to receive and accept from any source loans, contributions or grants for or in aid to a dam removal or repair loan financing program;
(b) to contract with guarantors, financial institutions or other qualified loan origination and servicing organizations, which shall assist in prequalifying borrowers for loans and which shall service and administer each loan. The Fund may require that each borrower be charged a fee to defray the costs of origination, servicing and administration of education loans. The amount and method of collection of such fee shall be determined by the Fund.
(c) to contract with a guarantor to provide security for the payment of loans through the issuance of default insurance or letters of credit or other credit arrangements or to provide a guarantee of payment covering all or a portion of each loan made by or on behalf of the Fund.
(d) to employ attorneys, accountants, consultants, financial experts, loan processors, banks, managers, and such other employees and agents as may be necessary in its judgment, and to fix their compensation;
(e) to make direct loans or to purchase loans from financial institutions and require that the proceeds of such Fund loans be used for making dam removal and repair loans, funding reserves, providing for capitalized interest and paying other costs and fees involved in a making loan.
(f) to sell dam removal or repair loans or Fund loans to such buyers on such terms and in such amounts as the Fund may determine.
(g) to charge and equitably apportion among participating financial institutions its administrative costs and expenses incurred in the exercise of the powers and duties granted by this chapter;
(h) to borrow working capital funds and other funds as may be necessary for start-up and continuing operations, as long as such funds are borrowed in the name of the Fund only. Such borrowings shall be limited obligations of the character and shall be payable solely from revenues of the Authority or the proceeds of bonds pledged for that purpose;
(i) to examine records and financial reports of participating institutions related to the loans guaranteed under this section, and to examine records and financial reports of any person, organization or institution retained under this section;
(k) to do all things necessary or convenient to carry out the purposes of this chapter.
The fund shall be initially be funded by a one-time appropriation of $10,000,000, which the comptroller shall transfer from the unexpended balance of a fund, trust or other separate account in existence on April 1, 2012, including the balance of any amounts transferred to the Water Pollution Abatement Trust by the state treasurer pursuant to paragraph (a) of section 16 of chapter 275 of the acts of 1989 for the Water Pollution Abatement Revolving Fund, including repayments of such loans and any investment earnings thereon, whether established administratively or by law, and including a separate account established under section 6 of chapter 6A of the General Laws or section 4F of chapter 7 of the General Laws; provided, however, the secretary and comptroller shall report to the house and senate committees on ways and means 45 days prior to any such transfer. The request shall certify that the secretary, in consultation with the comptroller, has determined this balance not to be necessary for the purposes for which it was made available
SECTION . Chapter 21E of the General Laws is hereby amended by adding the following section:-
Section 22. Notwithstanding any general or special law to the contrary, no municipality or public entity shall be liable under this chapter for, or related to, the presence, release or threat of release of oil or any hazardous material related to a dam, as defined in section 44 of chapter 253, that occurred prior to the date a dam was acquired by a municipality or public entity; provided, however, that an activity conducted by a municipality or public entity that involves the management or removal of oil or hazardous material in relation to the management, maintenance or removal of a dam shall be performed in accordance with applicable environmental laws and permits.
By inserting after section X the following new section:--
SECTION . Chapter 40 of the General Laws is hereby amended by adding the following section:-
Section 61. (a) A city or town that acquires by gift, purchase, eminent domain under chapter 79, or otherwise, a dam, as defined in section 44 of chapter 253, located within the city or town, including any real property appurtenant thereto, for the purposes of removing, repairing, reconstructing or making improvements to the dam may assess betterments to pay the costs of or relating to acquiring, owning, removing, maintaining or improving any such dam. Such betterments may be assessed upon properties benefiting from the acquisition, ownership, removal, repair, maintenance or improvement of a dam and in such amounts as the authorized board or official shall determine. A betterment so assessed shall be subject to chapter 80. Any betterment assessed pursuant to this section may be apportioned for a maximum term of 40 years.
By inserting after section _ the following new section:--
SECTION . The first paragraph of section 8 of chapter 44 of the General Laws, as most recently amended by section 33 of chapter 188 of the acts of 2010, is hereby further amended by adding the following clause:-
(25) For the acquisition of a dam or the removal, repair, reconstruction and improvements to a dam owned by a municipality, as may be necessary to maintain, repair or improve such dam, 40 years; provided, however, that this clause shall include dams, as defined in section 44 of chapter 253, acquired by gift, purchase, eminent domain under chapter 79, or otherwise, and located within a municipality, including any real property appurtenant thereto, if such dam and any appurtenant real property is not at the time of such acquisition owned or held in trust by the commonwealth.
Budget Amendment ID: FY2013-S4-203
ENV 203
Promote Municipal Recycling
Messrs. Berry, Downing and Brownsberger moved that the proposed new text be amended by inserting, at the end, the following new sections: -
"SECTION XX. The Department of Environmental Protection shall establish a municipal performance standard to promote recycling and reduce the generation of residential solid waste to six hundred pounds per capita by July 1, 2016 and no more than 450 pounds per capita by July 1, 2021.
SECTION XX. The Secretary of Energy and Environmental Affairs, in consultation with the Department of Environmental Protection and the Department of Energy Resources, shall develop a Residential Solid Waste Action Plan to assist municipalities in achieving the standard set forth in Section 1 by July 1, 2013. The plan shall evaluate existing municipal recycling programs and other opportunities available to assist municipalities reduce waste generation and achieve said standards. The Residential Solid Waste Action Plan shall provide recommendations, including but not limited to, potential programmatic and statutory changes to the Commonwealth’s Solid Waste Plan, the 2020 Clean Energy and Climate Plan, and the Commonwealth’s Green Communities Act to achieve said standards. The Secretary shall consult with the Massachusetts Municipal Association and DEP’s Solid Waste Advisory Committee in developing the Residential Solid Waste Action Plan."
Budget Amendment ID: FY2013-S4-204-R1
Redraft ENV 204
Public Forest and Beach Fees Exemptions
Messrs. Ross, Knapik and Tarr moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">in section 2, in item 2810-2041, by adding the following words:- “; provided further, that the department shall devise a plan to provide free or reduced admission to facilities under its control to veterans utilizing funds from this account; and provided further, that prior to implementing such plan, the department shall report to the house and senate committees on ways and means on the plan including, but not limited to, any cost implications of such a plan”.
Budget Amendment ID: FY2013-S4-205
ENV 205
Department of Environmental Protection Administration
Messrs. Eldridge and Brownsberger moved that the proposed new text be amended in section 2, in item 2200-0100, by striking out the figure "$25,603,354" and inserting in place thereof the following figure:- $25,735,436.
Budget Amendment ID: FY2013-S4-206-R2
2nd Redraft ENV 206
DEP Authority
Messrs. Tarr and Michael O. Moore moved that the proposed new text be amended by inserting after section_, the following section:-
Section _. Notwithstanding any other general or special law to the contrary, the department of environmental protection shall evaluate the feasibility, cost, advantages and disadvantages of obtaining from the United States Environmental Protection Agency, to the extent permitted by federal law, delegated authority over National Pollutant Discharge Elimination System (NPDES) programs. The department shall file a report detailing its findings, together with any legislative recommendations necessary to obtaining such authority, with the clerks of the senate and the house of representatives not later than July 1, 2013.
Budget Amendment ID: FY2013-S4-210
ENV 210
Protecting the Environment
Ms. Creem moved that the proposed new text be amended by adding at the end thereof the following new section:-
SECTION ___. Notwithstanding any general law, special law or regulation to the contrary, the sale of non-carbonated water in the Commonwealth, including mineral water, flavored and unflavored water, vitamin water, and other water beverages, in “beverage containers” or “plastic bottles” as defined in section 321 of chapter 94 and not having a refund value as provided in section 322 of chapter 94 and otherwise not subject to the provisions of sections 321 to 327 inclusive of chapter 94 of the General Laws, shall be prohibited effective July 1, 2013. This section shall not apply to sales of water in individual containers with a capacity of more than 24 ounces.
Budget Amendment ID: FY2013-S4-211
ENV 211
Environmental Affairs Administrative Funds
Ms. Jehlen moved that the proposed new text be amended in section 2, in item 2000-0100, by striking the figures “5,856,081” and inserting in place thereof the following figures:“6,136,084”