Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide immediately for an environmental enhancement and protection program for the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. To provide for a program to enhance, protect and conserve open space land in the commonwealth through the preparation of plans, studies, construction, alteration, and improvement of various state properties, and the purchase of certain properties, including the purchase of furnishings and equipment for the sole purpose of improving the ecological, recreational, and public health conditions of the commonwealth, the sums set forth in section two of this act for the several purposes and subject to conditions specified under said section two are hereby made available, subject to the provisions of law regulating the disbursements of public funds and the approval thereof.

SECTION 2. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 SECRETARY OF STATE. `tc2 Secretary of State. `tc1 0526-9961 `tc4 For a program of matching grants to units of municipal government and to private non-profit organizations for the preservation of historic properties, landscapes and sites; provided, that such funds shall be awarded in accordance with regulations promulgated by the secretary of the commonwealth, chairman of the Massachusetts historical commission `tc6 $10,000,000 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Division of Capital Planning and Operations. `tc1 1102-1960 `tc4 For a study of the Chestnut Hill reservoir reservation, including the adjacent pumping stations and waterworks located on Beacon street at the borders of the cities of Boston and Newton and the town of Brookline and the adjacent parkway for the purpose of creating a comprehensive plan for preserving and upgrading this area including its future uses for recreation, museum display, and environmental preservation of open space; provided, that the division shall report the results of said study to the house and senate committees on ways and means no later than July first, nineteen hundred and ninety-six `tc6 $200,000 `tc3 THE EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Office of the Secretary. `tc1 2000-7967 `tc4 For the restoration of sites, research, and other environmental or recreational improvements in watersheds designated by the secretary for coordinated state action, including, but not limited to, the Neponset river watershed; provided, that the secretary may award grants to carry out the purposes of this line-item; and provided further, that said funds may be allocated by the comptroller to the department of environmental management, the metropolitan district commission, the department of fisheries, wildlife and environmental law enforcement, the department of food and agriculture, and the department of environmental protection pursuant to schedules filed by the secretary with the comptroller and the house and senate committees on ways and means `tc6 $2,500,000 `tc1 2000-8961 `tc4 For the self-help program to provide assistance to cities and towns in the acquisition of land pursuant to the provisions of section eleven of chapter one hundred and thirty-two A of the General Laws, as amended, and any regulations promulgated by the secretary to effect the provisions of this act or said section eleven; provided, that notwithstanding the provisions of any general or special law to the contrary, the title to any land acquired with the funds authorized herein which is no longer used pursuant to the provisions of said section eleven of said chapter one hundred and thirty-two A as open space shall revert to the commonwealth `tc6 $25,000,000 `tc1 2000-8962 `tc4 For the urban self-help program to provide assistance to cities and towns in the acquisition and development of land pursuant to the provisions of chapter nine hundred and thirty-three of the acts of nineteen hundred and seventy-seven, as amended, and any regulations promulgated by the secretary to effect the provisions of this act or said chapter nine hundred and thirty-three; provided, that notwithstanding the provisions of any general or special law to the contrary, the title to any land acquired with the funds authorized herein which is no longer used pursuant to the provisions of said chapter nine hundred and thirty-three as open space shall revert to the commonwealth `tc6 $25,000,000 `tc1 2000-8963 `tc4 For the acquisition of property, easements, rights in development and associated costs, and a watershed study reserve, for properties within the Quabbin, Ware River, Wachusett, and Sudbury watersheds, and in other watersheds as determined by the secretary of environmental affairs pursuant to recommendations made by the department of environmental protection, for the protection of the water resources of the commonwealth; provided, that notwithstanding the provisions of any general or special law to the contrary, two million four hundred thousand dollars shall be expended for the acquisition of approximately forty acres of land adjacent to the No Town Reservoir watershed located in the city of Fitchburg; provided, that said funds shall be allocated by the comptroller to the department of environmental management, the metropolitan district commission and the department of fisheries, wildlife and environmental law enforcement pursuant to schedules filed by said secretary with the comptroller and the house and senate committees on ways and means; provided further, that for all purposes of other general and special laws, debt service on bonds issued for extending the watershed of the metropolitan district commission's division of watershed management shall be deemed debt service of the division, and such extensions by said division made pursuant to this section shall be considered a capital improvement for the purposes of section one hundred and thirteen of chapter ninety-two of the General Laws `tc6 $12,400,000 `tc1 2000-8965 `tc4 For the implementation of the Americans With Disabilities Act (P.L. 101-336, 42 USC 12101-12213, 47 USC 225, 47 USC 611) at facilities, offices, parks and recreation areas of the executive office of environmental affairs or its departments; provided, that said funds may be allocated by the comptroller to the department of environmental management, the metropolitan district commission, the department of fisheries, wildlife and ?environmental law enforcement, the department of food and agriculture, and the department of environmental protection pursuant to schedules filed by the secretary with the comptroller and the house and senate committees on ways and means `tc6 $5,000,000 `tc1 2000-8966 `tc4 For the development and implementation of Massachusetts geographic information system and related activities; provided, that not more than five million dollars shall be expended for a wetlands conservancy mapping program; provided further, that such funds may be allocated by the comptroller to the department of environmental management, the metropolitan district commission, the departments of fisheries, wildlife and environmental law enforcement, the department of food and agriculture, the department of environmental protection and regional planning commissions; provided further, that the secretary may provide grants to, including but not limited to, municipalities and regional planning agencies to implement said programs; provided further, that the secretary shall develop standards and guidelines for the development of data and management of said system; provided further, that said standards and guidelines shall include scale and resolution requirements based on the use of the data; provided further, that all data developed with funds made available from this item shall comply with said standards and guidelines and shall be made available to the secretary; provided further, that priority shall be given to the development of the following data bases from existing source materials where possible, including wetlands, soils, public water supply protection areas, economic growth areas, transportation development, aquifer recharge areas, floodways, vernal pools, endangered species, public lands, recreation areas, zoning, hazardous and toxic waste sites and historical and cultural resources; provided further, that such registered vernal pools shall be presumed to be protected vernal pools in accordance with all applicable regulations; provided further, that such efforts shall be coordinated to maximum extent feasible with federal, state, and local governments, regulated utilities and conservancy efforts; provided further, that said secretary shall provide complete copies of the data developed accompanied with an application program for installation in the regional library system for access by the general public; and provided further, that said secretary shall submit to the clerks of the house of representatives and senate an annual report detailing the progress in the development of said system `tc6 $20,000,000 `tc1 2000-9962 `tc4 For the development of local, regional, and state comprehensive land use plans and land management capabilities, for the implementation of components of the statewide comprehensive outdoor recreation plans, and to facilitate coordination of the various land acquisition and development programs under the jurisdiction of the executive office of environmental affairs; provided, that not more than two million dollars may be allocated to state programs and activities and not more than six million dollars may be available for grants or contractual agreements for comprehensive land use plans for cities and towns, the remainder not to exceed two million dollars to be made available to regional planning agencies to coordinate local comprehensive land use planning and to develop regional policy plans `tc6 $10,000,000 `tc1 2000-9963 `tc4 For the purpose of a pilot project grant program for the demolition of abandoned buildings and the conversion of such properties and vacant lots to open space park, conservation, or recreational usage by municipalities to be administered by the director of the division of conservation services; provided, that said director shall provide grants to cities and towns which have experienced severe public health and safety problems as a result of having a large number of vacant lots and abandoned buildings which require demolition; provided further, that grants awarded from funds authorized herein shall be for up to ninety percent of the total cost of the approved project, including, but not limited to, study, design, demolition, reconstruction, rehabilitation, and acquisition; provided further, that in determining which municipalities shall receive a grant, said director shall establish rules and regulations which take into account the municipality's inventory of abandoned buildings, and the financial capacity of the municipality to demolish abandoned buildings using available revenues and to convert such property to an open space park or other type of conservation or recreational facility; provided further, that said director shall work in cooperation with the grant recipient community to study the feasibility of converting any such current or subsequent vacant parcel of property to an open space park or other type of conservation or recreational facility; provided further, that monies authorized shall be provided to municipalities as grants for the costs of study, design, acquisition, construction, and implementation of any such project `tc6 $2,000,000 `tc2 Department of Environmental Management. `tc1 2120-8962 `tc4 For the costs of planning, study, and acquisition of recreational facilities and of land and interests therein, including the acquisition and/or construction of the following projects: a parcel of land along the Merrimack river in the city of Haverhill; the bay circuit trail, so-called, including necessary connections, barriers, and buffers, a three and eighty-four hundredths acre parcel of land along the Merrimack River in the town of Methuen, Freedom's Way trail system on or near Route 2 between Lexington and Gardner, a bike path from the Connecticut border to Westfield, sixty acres of land in the town of Rockport known as Johnson's Quarry, land known as lot three block one of the Holliston Assessors' Atlas, land known as the Conroy property in Hopkinton, a bikeway on the Penn Central railbed in the towns of Marion, Mattapoisett, and Fairhaven; provided, that said bikeway project may be subject to a local or federal matching requirement; a three and seven-tenths acre parcel of land along the shoreline in the area immediately south of the Braga Bridge in the town of Somerset, six and one-half acres of land near Pierce Beach Park in the town of Somerset, a depressed crossing of the Boston and Maine railroad tracks by the Norwatuck Rail Trail located in Northampton, a bikeway/walkway along the Housatonic River from the city of North Adams south to the town of Sheffield, a certain parcel of land located on assessor's map forty-five parcels thirty-nine and forty for the town of North Reading for the purposes of expanding Harold Parker State Forest, a Route 125 bicycle/pedestrian underpass in the town of Andover to the Harold Parker State Forest, the Den Rock Park, located in the city of Lawrence; and, provided further, that no funds may be expended from said item for said Den Rock Park prior to the submission to and approval by said department of a capital renovation plan, a twenty-one acre parcel of land for the town of Boxford known as Witch Hollow, a one hundred and fifty-three and seven-tenths acre parcel of land known as the Wilmington town forest recreation area, a certain parcel of land known as Nun's Hill in Groveland, the Pitman Bicycle Path in the town of Reading; provided, that said town of Reading shall be required to contribute twenty percent of the total project cost; a bike and pedestrian pathway from Malden, Saugus, Everett, and Medford to Revere Beach, a bike path on the Boston and Maine Watertown branch line to connect the Minuteman path to the Charles River, a bicycle path in the town of Southwick, a parcel of land known as the Morrison parcel on Concord Road in the town of Acton, a parcel of land known as the Hall property which abuts Perry Lane in the town of Agawam, twenty-four acres of land adjacent to the Longham reservoir in the city of Beverly and the town of Wenham commonly referred to as the Johnson Tree Farm, the Abdo property in the city of Beverly, the Sherman property in Franklin, and a parcel of land known as the East Boston Camps in the town of Westford, parcels of land contiguous with Callahan state park, land along the Sudbury River within the Walden Woods, land in Beaver Brook drainage, the Blackstone River Heritage State Park in Worcester, Connecticut Riverway and Bikeway project in Agawam, Chicopee, Longmeadow, Springfield and West Springfield on both sides of the Connecticut River; for the acquisition, development, and maintenance of recreation facilities to a parcel of land along Narrows Road in the town of Freetown consisting of 43.2185 acres, and the construction of a visitor center in the Blackstone River Heritage State Park in the city of Worcester, and the conversion of an abandoned north-south rail line covering thirty miles through the towns of Danvers, Wenham, Topsfield, Boxford, Georgetown, Newbury, Salisbury and the city of Newburyport for the purposes of creating a bicycle and pedestrian pathway; provided further, that funds shall be expended for the Cape Cod Pathways Project for the acquisition of critical property links; provided, however, that no funds authorized herein shall be expended for said project prior to the receipt of equal matching funds; provided further, that the department shall complete an inventory of parcels in the metrowest region which are contiguous or are in the immediate vicinity of already existing department properties and other public and private open space parcels; provided further, that funds shall be expended for the acquisition of parcels contiguous or in the immediate vicinity of the Appalachian Scenic Trail; provided further, that funds may be expended for acquisition of parcels in coastal areas which are contiguous to existing state reservations; provided further, that funds shall be expended from this item for a comprehensive study of the available outdoor recreational opportunities at October Mountain State Forest; provided further, that the department shall give consideration to protecting land along the Connecticut River that provides multiple resource management benefits including, but not limited to, agricultural land protection and river corridor protection; provided further, that funds shall be expended for the planning, construction maintenance and upkeep of walkways and other facilities at the Webb State park in Weymouth; and provided further, that the purpose of this program is to protect and enhance the state's natural resources, outdoor recreational opportunities, and heritage by expanding and improving the state parks system, access to coastal areas and other water resources, bikeways, trails, and sites of exceptional ecological, historic, cultural, or public recreational value `tc6 $30,000,000 `tc1 2120-8964 `tc4 For a program of improvements or replacements to the infrastructure and holdings of the department of environmental management; provided, that such improvements or replacements shall include, but not be limited to, buildings, picnic areas, visitor centers and other interpretive structures, other structures, bridges, roads, culverts and other necessary structures and improvements to enhance access to state forest lands for the purpose of managing that forest land, and that improve or enhance the viability of an ecosystem, and improvements to comfort facilities that result in zero pollution discharge, signs, roads, paths, bridges, dams, piers, and flood control projects, equipment, vehicles, and vessels used to support, maintain, and improve said infrastructure and for the purchase of rolling stock, so-called; provided, that funds shall be expended for the rehabilitation of the following dams and facilities: Manns Pond Dam in Sharon, Mill Pond Dam, Turner's Pond Dam in Walpole, Manhan Dam in Easthampton, the dam on Factory Pond on the Hanson-Hanover boundary; Hanson Factory Pond, Red Dam at Lake Pearl in the town of Wrentham, Coes Pond Dam and the Lake Cochituate State Park Dam, walkways and other access facilities for Maudsley park; and the Senator P. Eugene Casey Pool in Milford `tc6 $5,000,000 `tc1 2150-9963 `tc4 For financial assistance pursuant to section thirty-seven A of chapter twenty-one of the General Laws; provided, that the department shall conduct a study regarding the costs and benefits of the purchase of weed harvesting equipment and hydrorakes, so-called; provided further, that said study shall be filed with the house and senate committees on ways and means no later than July first, nineteen hundred and ninety-six; provided further, that the necessary funds be expended for the dredging and/or improvements to the following projects: Ell Pond in the city of Melrose, as recommended by the Ell Pond Master Plan, Swain's Pond in the city of Melrose, five to ten acres at the Charles river section at North Beacon street and Charles River road in Watertown, Hardy pond in Waltham, Hampton Ponds, Five Mile Pond, Breckwood Pond, Putnam's Puddle and Lake Massasoit in Springfield, Gleason and Norton Ponds in Framingham, Muddy River Watershed, Red Lily Pond, Buttonwood Pond within the Buttonwood brook watershed, Lake Quannapowitt in Wakefield, Fellsmere Pond in Malden, Mill Pond in Norwood, and the Hearthstone Quarry Brook and End Street drainage and restoration project in Chicopee and Chebacco Lake in the towns of Essex and Hamilton; provided further, that funds authorized herein shall be expended for the following studies: a nutrification study of Snake Brook in Natick and a feasibility study for Cedar Swamp Pond in Milford `tc6 $5,000,000 `tc1 2150-9965 `tc4 For groundwater appraisals, aquifer assessments, and related geologic and hydrological studies as may be required for the protection of existing sources of groundwater supply, and for the identification of new groundwater sources pursuant to section eight A of chapter twenty-one of the General Laws; to be in addition to the amounts appropriated in chapter eight hundred of the acts of nineteen hundred and seventy-nine and in chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight; provided, that no funds authorized herein shall be expended prior to the receipt of equal funds by the United States Geological Survey `tc6 $2,000,000 `tc2 Department of Environmental Protection. `tc1 2200-8969 `tc4 For the purpose of a loan program pursuant to item 2200-9959 of section two of chapter eighty-five of the acts of nineteen hundred and ninety-four, to assist homeowners in complying with the revised state environmental code for subsurface disposal of sanitary waste, Title V; provided, that twenty-five million dollars of the funds authorized herein shall be used for loans associated with betterments, including approved innovative alternative systems, to septic systems pursuant to the provisions of said item 2200-9959; provided further, that the department may allocate funds from this item for the purposes of participating in the state revolving fund, so-called; provided further, that five million dollars shall be used for loans associated with connecting homeowners currently on septic systems to available municipal sewer systems or to replace failing septic systems with zero pollution discharge systems `tc6 $30,000,000 `tc2 Department of Fisheries, Wildlife and Environmental Law Enforcement. `tc1 2300-0961 `tc4 For the restoration and other environmental improvements to the Neponset River watershed, including the construction of an ecological restoration center on the upper Neponset river `tc6 $5,000,000 `tc1 2300-8960 `tc4 For the planning, study, and acquisition of land and interests therein for the purpose of protecting the native floral and fauna communities of the commonwealth; provided, that not less than six million dollars shall be expended on lands identified as habitat for state rare or endangered plant or animal species; provided further, that not less than six million dollars shall be expended on lands fronting saltwater and freshwater rivers in the coastal zone as defined by the coastal zone management office `tc6 $20,000,000 `tc1 2300-8961 `tc4 For improvements and replacements to the infrastructure and holdings of the department of fisheries, wildlife and environmental law enforcement; provided, that said improvements or replacements shall include, but not be limited to, buildings, equipment, picnic areas, visitor centers and other structures, signs, roads, paths, bridges, dams, piers, flood control facilities, vehicles, and vessels; and site clearance, including the demolition of structures, and other holdings including remediation of environmental compliance matters throughout the commonwealth, the preparation, relocation, reclamation, and development of said sites `tc6 $10,000,000 `tc1 2300-8962 `tc4 For the purpose of restoration studies, preparation of restoration plans, and the execution of ecological restoration projects on natural floral and fauna communities as identified by the division of fisheries and wildlife's natural heritage and endangered species program and approved by the commissioner of said department, and for associated costs; provided, that said associated costs, may include, but not be limited to, research, restoration, monitoring services, and equipment purchases; provided further, that not less than five hundred thousand dollars shall be expended by the division of fisheries and wildlife for a model program for inland habitats restoration and by the division of marine fisheries for the enhancement of marine habitats through the use of artificial reefs, including, but not limited to, the siting, design, development and construction of artificial reefs; provided, however, that said department shall produce, with the towns of Hamilton and Essex, a lake management plan for Chebacco Lake in said towns; provided further, that said projects may be carried out in cooperation with other governmental agencies; and provided further, that the funds authorized herein shall only be expended for the restoration of lands which are protected under Article XCVII of the Amendments to the Constitution of the Commonwealth of Massachusetts `tc6 $5,000,000 `tc1 2310-8960 `tc4 For the planning, study and acquisition of land and interests therein for the protection of wildlife and fisheries habitats; provided, that such funds shall be used to match at a ratio of one dollar for every one dollar collected pursuant to section thirteen A of chapter one hundred and thirty-one of the General Laws; provided further, that the department shall acquire the Ellis property adjacent to Paines Creek in Brewster `tc6 $5,000,000 `tc1 2310-8961 `tc4 For a program of habitat management for upland wildlife species that shall include, but not be limited to, research, planning, and implementation of habitat management plans; provided, that such funds shall be expended by the director of the division of fisheries and wildlife; provided further, that said habitat management activities shall be conducted on land that provides equality of access to the public insofar as the resources being managed may allow; and provided further, that said management activities may be conducted with other governmental agencies, private land owners, and conservation organizations `tc6 $5,000,000 `tc1 2320-8960 `tc4 For the acquisition of land or interests therein and for the planning, design, construction, reconstruction and construction supervision of boating access facilities, barrier-free sport fishing piers and related facilities, pursuant to section seventeen A of chapter twenty-one of the General Laws `tc6 $5,000,000 `tc2 Metropolitan District Commission. `tc1 2420-7961 `tc4 For the purpose of providing a portion of the financing necessary to design and construct a sewer and sewage pumping system in the towns of Holden and West Boylston for the express purpose of complying with a consent order dated June eleventh, nineteen hundred and ninety-three, between the Massachusetts water resources authority ("the Authority"), the commission, and the department of environmental protection ("the Department"); provided, however, that no funds shall be expended from this item until the watershed protection division of the commission shall have submitted a total project financing plan to the secretary of administration and finance ("the Secretary") detailing the various components of the financing plan, including binding and enforceable commitments from a) the Massachusetts water resources authority in the amount of eight million five hundred thousand dollars, b) the town of Holden in the amount of seven million two hundred seventy-five thousand dollars, and c) the town of West Boylston in the amount of eight million one hundred thirty thousand dollars; provided, further, that no funds shall be expended from this item unless the Commonwealth, acting through the executive office of administration and finance, the Massachusetts water resources authority and the town of Clinton enter into an agreement providing that the contributions made by the commonwealth pursuant to this item shall satisfy any judgment entered against the town of Clinton relating to user fees, rates and charges levied against the town of Clinton by the Massachusetts water resources authority for services provided by the town of Clinton wastewater treatment plant prior to fiscal year nineteen hundred and ninety-six, and shall make void any and all user fees, rates and charges incurred prior to fiscal year nineteen hundred and ninety-six by the town of Clinton or the commonwealth of Massachusetts, relating to said wastewater treatment plant; provided, further, that none of the funds authorized by this item may be recovered by the commission pursuant to sections one hundred and thirteen and one hundred and thirteen A of chapter ninety-two of the General Laws `tc6 $27,800,000 `tc1 2420-7962 `tc4 For the purpose of financing the payment of the fee for the entrance of the town of Holden and the town of Rutland as voting members of the Upper Blackstone Water Pollution Abatement District, pursuant to chapter seven hundred fifty-two of the acts of nineteen hundred and sixty-eight; provided, that the commissioner of the metropolitan district commission in consultation with the Upper Blackstone Water Pollution Abatement District determines the amount of the payment `tc6 $1,600,000 `tc1 2420-7963 `tc4 For the purpose of financing the payment of the fee for the entrance of the town of West Boylston as a voting member of the Upper Blackstone Water Pollution Abatement District, pursuant to chapter seven hundred fifty-two of the acts of nineteen hundred and sixty-eight, provided that the commissioner of the metropolitan district commission in consultation with the Upper Blackstone Water Pollution Abatement District determines the amount of the payment `tc6 $1,000,000 `tc1 2420-7964 `tc4 For the purpose of financing construction of private property sewer connections in the towns of Holden and West Boylston on properties served by the sewer and sewage pumping system provided for in section sixty-four of this act; provided, however, that no funds shall be expended from this item until the metropolitan district commission and the division of local services of the department of revenue shall have jointly certified to the secretary of the executive office of environmental affairs that the towns of Holden and West Boylston have each taken the necessary actions to insure for the recovery of these funds over a period not to exceed twenty-five years, pursuant to the procedures provided for in section sixty-five of this act `tc6 $6,900,000 `tc1 2420-8960 `tc4 For a program of improvements or replacements to the infrastructure of the watershed management division; provided, that said improvements or replacements shall include, but not be limited to, buildings, picnic areas, visitor centers and other structures, signs, roads, paths, bridges, dams, piers, and flood control facilities; equipment, vehicles, and vessels used to support and maintain said infrastructure, water purification systems, and site clearance, including the demolition of structures, and the preparation, relocation, reclamation and development of such sites; provided, that, funds shall be expended from this item for the purpose of providing greater accessibility to Spot Pond in Stoneham for recreational purposes, including, but not limited to public recreation facilities `tc6 $5,000,000 `tc1 2420-8961 `tc4 For the remediation and restoration of the Hallet Street site in Dorchester `tc6 $15,000,000 `tc1 2440-8960 `tc4 For the planning, study, and acquisition of land and interests therein, including bikeways, trails, and other recreational sites, including land in and around rivers, streams, ponds, and marshes within the jurisdiction of the metropolitan district commission; provided, that funds be awarded to the town of Hull for the preservation and acquisition of the Paragon Park Carousel; provided further, that the commission shall use funds authorized herein to acquire Hancock Woods in the West Roxbury section of the city of Boston in addition to those funds provided in chapter one hundred and nineteen of the acts of nineteen hundred and ninety-five `tc6 $30,000,000 `tc1 2440-8961 `tc4 For the implementation of Charles river and Neponset river master plans prepared for or by the metropolitan district commission, including, but not limited to, park improvements and public recreation facilities; provided, that said funds shall not be used for recreational facilities unless said facilities are directly dependent on river use; and provided further, that no such improvements or facilities shall be constructed without the prior approval of the governing body of the city or town in which said improvement or facility will be located `tc6 $10,000,000 `tc1 2440-8962 `tc4 For the purchase of rolling stock, so-called, and other specialized equipment for the metropolitan district commission, including, but not limited to, beach sanitizers, farm and ground tractors, pickup trucks and other vehicles; provided, that said funds may also be expended for the rehabilitation of durable equipment; and provided further, that amounts authorized herein shall be in addition to any funds previously appropriated for this purpose `tc6 $3,750,000 `tc1 2440-8963 `tc4 For the preparation of plans, if necessary, and for repairs, renovations, general rehabilitation and reconstruction to the commission's sanitary structures, and for the renovation and conversion of certain facilities to year-round use, including but not limited, to the purchase of equipment, and related appurtenances `tc6 $6,000,000 `tc1 2440-8964 `tc4 For the extension of the Malden/Medford line brook culvert to the west bank of the Malden River, to improve the channel configuration, including the shores and banks of the Malden River and other projects and works as may be required to improve the quality of the water therein, and improve, protect and restore the natural environment of the river; provided, that the metropolitan district commission may make application for federal assistance in the construction of any project authorized by this act and any federal funds to be received shall be credited to the metropolitan district commission funds and be used to pay debt service costs incurred as authorized by this act; provided further, that the metropolitan district commission, for the purpose of this project, may, on behalf of the commonwealth, take by eminent domain under chapter seventy-nine of the General Laws, or acquire by purchase or otherwise any lands, waters, water rights, watercourses, rights of way, easements, or other property or interest in property, and shall have all the rights, powers and duties and be subject to the limitations of section thirty-two of chapter ninety-two of the General Laws; provided, however, that cities and towns in the area or areas within which construction may occur shall grant to the commission the right to enter upon any public land and to construct such facilities as may be necessary without recourse to damages therefor; and provided further, that the metropolitan district commission shall, as provided in section thirty-two, heed all reasonable requests of officials of said cities and towns to restore such public property to its present conditions as far as is practicable `tc6 $3,000,000 `tc1 2440-8965 `tc4 For the planning, study, and acquisition of land and interests therein for the purpose of the completion and improvement of the Neponset Greenway, for the completion of the Harborwalk along the Dorchester shoreline, and for the acquisition of land and interests therein for the purpose of providing a buffer for the Stony Brook Reservation, so-called, in the community of Hyde Park in the city of Boston; provided, that no such improvements shall be initiated and no funds authorized herein shall be expended for any improvements northerly, westerly or "up-stream" of Granite Avenue located in the community of Dorchester in the city of Boston prior to the review and approval of the commission's plan for such improvements, by the board of selectmen of the town of Milton, the mayor and the city council of the city of Boston, and the Legislature `tc6 $20,000,000 `tc1 2443-7967 `tc4 For improvements to the Franklin Park and Stone Zoos; provided, that funds shall only be expended from this item when an equal amount of matching funds have been received from private sources; provided further, that funds authorized herein shall be made available for the repairs, renovations, general rehabilitation and reconstruction of Peabody circle in the city of Boston abutting the Franklin Park Zoo; provided further, that the department shall not be required to collect matching funds for the Peabody Circle project, so-called; and provided further, that funds made available for said Peabody circle shall be expended without a requirement to collect matching funds `tc6 $5,000,000 `tc2 Department of Food and Agriculture. `tc1 2530-8969 `tc4 For a program to acquire agricultural preservation restrictions pursuant to sections eleven A to eleven D, inclusive, of chapter one hundred and thirty-two A of the General Laws; provided, that any person or entity who receives funds from the amounts authorized herein shall be encouraged to participate in any and all programs of the department of food and agriculture as may be suggested by the commissioner of the said department; provided further, that these programs may include, but not be limited to, integrated pest management, pesticide regulation and reduction, and agri-composting; provided further, that the agricultural lands preservation committee shall prioritize the allocation of funds awarded herein for the acquisition of agricultural preservation restrictions on those lands deemed to be of significance to the protection and preservation of the commonwealth's agricultural base; provided further, that in determining that significance the committee shall consider the agrarian character of the community in which the lands are located and the degree to which the acquisition would serve to preserve that character; provided further, that not less than five million dollars shall be expended for the purpose of developing and implementing farm viability plans to enhance the economic and environmental viability of farms, and to provide for shorter term land covenants, and for undertaking feasibility studies to look at markets for agricultural products to assist in agricultural business enhancement and transition; provided further, that five hundred thousand dollars shall be expended for the study, design, preparation of plans, if necessary and for the construction and related costs of the establishment of a commercial food processing kitchen to be operated by the department of food and agriculture; provided, that notwithstanding the provisions of any general or special law to the contrary, the commissioner of said department is authorized to accept matching funds from other public or private sources for the purposes of establishing said commercial food processing kitchen `tc6 $25,000,000 `tcol;end

SECTION 3. To meet the expenditures necessary in carrying out the provisions of section two, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor, from time to time, but not exceeding in the aggregate, the sum of three hundred ninety-nine million, one hundred and fifty thousand dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Environmental Enhancement and Open Space Acquisition and Preservation Loan Act of 1996, and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and twenty-one. All interest and payments on account of principal of such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 4. The state treasurer may borrow from time to time on the credit of the commonwealth sums of money as may be necessary for the purpose of meeting payments authorized by section two and may issue and renew from time to time notes of the commonwealth thereof bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. The notes shall be issued and may be renewed one or more times for such term, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, two thousand and one. Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.

SECTION 5. Each agency acquiring land or an interest in land pursuant to the provisions of section two of this act may expend an amount not to exceed five percent of the amount appropriated to such agency in said sections for the purpose of reimbursing non-profit land conservation organizations or land trusts for their reasonable expenses directly associated with the acquisition of land or interests in land subsequently conveyed to the commonwealth. Reimbursements shall be made at the discretion of each agency, subject to the approval of the secretary of the executive office of administration and finance. Said secretary shall determine by regulation what shall constitute reasonable expenses. Any organization receiving a reimbursement pursuant to this section shall convey such land or interest in land to such agency for an amount not to exceed the actual purchase price paid by such organization for such land or interest in land in addition to any reimbursement received pursuant to this section.

SECTION 6. No state agency or commission responsible for the administration of any program authorized and funded by section two of this act shall expend or obligate more than twenty-five percent of the total funds available for each such individual program for the purchase of one individual acquisition without the prior written approval of the secretary of the executive office of environmental affairs.

SECTION 7. Notwithstanding any general or special law to the contrary, the department of fisheries, wildlife and environmental law enforcement may acquire lands identified as rare and endangered species habitat by taking such lands by eminent domain under the provisions of chapter seventy-nine and chapter eighty A of the General Laws using the funds appropriated by item 2300-8962 of section two of this act or by section twenty-nine of chapter five hundred and sixty-four of the acts of nineteen hundred and eighty-seven.

SECTION 8. Of the monies authorized within items 2120-8962, 2300-8960, 2310-8960, 2320-8960, 2440-8960 and 2530-8969 of section two of this act for the planning and acquisition of lands by the commonwealth, no more than two percent of any amounts authorized in each said item shall be appropriated and expended for planning activities; provided, that no such planning monies shall be used for personnel costs.

SECTION 9. A portion of the funds provided in section two of this act, subject to the prior approval of the secretary of administration and finance, may be used for the cost associated with the acquisition and development of property. Such associated costs may include, but not be limited to, the cost of legal services, appraisals, title examinations, surveys, design, engineering, inspections, audits, environmental risk assessments and studies, and planning. Notwithstanding the provisions of section thirty of chapter twenty-nine of the General Laws, a portion of the funds authorized in said section two of this act may be used for the costs associated with title insurance. Not more than two percent of the funds authorized pursuant to said section two of this act may be used for the payment of salaries of permanent or temporary employees of the commonwealth who provide direct and substantial support for the purposes authorized in said section two of this act. No amounts authorized in said section two shall be used by any recipient municipality for the supplementing or supplanting of normal operating expenses of any function of said municipality.

SECTION 10. All improvement projects done by the department of environmental protection, the department of environmental management, the department of fisheries, wildlife, and environmental law enforcement, the metropolitan district commission, and the department of food and agriculture which are funded under section two of this act shall use recycled products and materials wherever feasible and cost effective.

SECTION 11. Section 9A of chapter 8 of the General Laws, inserted by section 20 of chapter 38 of the acts of 1995, is hereby amended by striking out, in the fourth sentence, the word "thirty-five N" and inserting in place thereof the following word:- thirty-five O.

SECTION 12. Chapter 10 of the General Laws is hereby amended by inserting after section 35 O the following section:-

Section 35P. There shall be established upon the books of the commonwealth a separate fund to be known as the State House Special Event Fund. The superintendent of state buildings is hereby authorized and directed to establish and charge a fee or service charge to non-governmental individuals, entities and groups using the state house during non-business hours for meetings, receptions, or exhibits. The superintendent or his designee shall establish such fees or charge based upon the actual cost of use including personal requests for security preparation, cleanup and utilities used as well as compensation for wear on the building. The superintendent or his designee shall also have the authority in his discretion to require non-governmental entities to enter into a written agreement indemnifying the commonwealth against any claims for casualty liability and may require the posting of an insurance bond. All monies received by the superintendent under this section shall be by check made payable to and deposited in the State House Special Event Fund; provided, however, that said superintendent may retain an amount not to exceed fifty thousand dollars to be expended after consultation with the state secretary for educational and cultural programs at the state house.

SECTION 13. Section 2F of chapter 21 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "secretary", in line 9, the following words:- and the joint committee on natural resources and agriculture of the general court.

SECTION 14. Said chapter 21 is hereby further amended by inserting after section 37A the following three sections:-

Section 37B. The department shall establish and maintain an aquatic nuisance control program. The aquatic nuisance control program shall perform the following services: (a) receive and respond to aquatic nuisance complaints; (b) work with municipalities, local interest organizations, and agencies of the state to develop long range programs regarding aquatic nuisance controls; (c) work with federal, state and local governments to obtain funding for aquatic nuisance control programs; and (d) administer the grant program under sections thirty-seven C and thirty-seven D.

For the purposes of this aquatic nuisance control program, the term "aquatic nuisance" shall mean undesirable or excessive substances or populations that interfere with the recreational potential of a body of water. Aquatic nuisances shall include, but shall not be limited to, rooted aquatic vegetation and algae populations.

Section 37C. A municipality, or group of municipalities, or an agency of the state, which desires state assistance to control aquatic nuisances may apply in writing to the department in a manner prescribed by the department. When the department finds that a proposed aquatic nuisance control program is suitable to control or minimize the effect an aquatic nuisance has on water quality and water use, it may grant an award of up to fifty percent or less of the project costs as determined by the department. Recurring maintenance projects may be awarded grants of twenty percent or less of the annual project cost. In approving requests and determining the amount of any grant, the department shall consider the following: (a) the use of the waters by persons outside the municipality in which the waters are located; (b) the long range effect of the control project; (c) the recreational use of the waters; and (d) the effectiveness of municipal shoreland zoning and other controls in minimizing or preventing existing or new development from having any adverse effects on the waters subject to the control program.

Section 37D. The department shall make awards to priority projects to the extent that funds are available. First priority shall be projects to manage incipient infestations of aquatic nuisances, second priority shall be projects to prevent or control the further spread of aquatic nuisances, and third priority shall be recurring maintenance projects. In establishing priorities for individual projects, the department shall consider the following: (a) public accessibility and recreational uses; (b) the importance to commercial, agricultural or other interests; (c) the degree of local interest, as manifested by municipal or other contributions to the project; (d) local efforts to control aquatic nuisances; (e) other considerations affecting feasibility, probability of achieving long term control, necessity or advantage of the proposed work; and (f) the extent to which the control project is a development rather than a maintenance project.

SECTION 15. Section 8 of chapter 21A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the sixth paragraph the following paragraph:-

The department of fisheries, wildlife and environmental law enforcement shall have the power to take by eminent domain under the provisions of chapter seventy-nine and chapter eighty A lands and interests therein determined by the commissioner thereof as necessary or desirable to carry out the policies, programs or authorities of said department, including, but not limited to, the acquisition of locations of public access, designated by the public access board pursuant to section seventeen A of chapter twenty-one.

SECTION 16. Subsection (b) of section 3 of chapter 21H of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

(3) The secretary of the executive office of environmental affairs, in consultation with the division of conservation services and the department, shall establish and implement a landfill closure and conversion grant program. Eligible applicants shall include any municipality which owns and operates a solid waste landfill which is scheduled to close, cease operation, and be capped pursuant to the fifteenth paragraph of section one hundred and fifty A of chapter one hundred and eleven; provided, however, that in order to be eligible to receive assistance pursuant to this section the municipality shall, at the time of applying, recycle at least thirty-five percent of their solid waste. Eligible expenses of any such project shall include ordinary and necessary costs associated with eligible projects, including, but not limited to, site design planning, surveys, construction, reconstruction, alteration, and improvement of the property relative to the creation of a recreational facility upon the site. Grants provided by said secretary pursuant to this section shall be made in accordance with procedures and a priority system established by said secretary, in consultation with said division of conservation services and the department, pursuant to rules and regulations adopted pursuant to chapter thirty A after public hearing.

SECTION 17. Section 1 of chapter 29C of the General Laws, as so appearing, is hereby amended by inserting after the word "chapter", in line 52, the following words:- ; provided, however, that for all purposes of this chapter, notwithstanding any other general or special law to the contrary, a loan made at one-half of market interest rate, as determined by the trust, shall be deemed the financial equivalent of a grant of twenty-five percent of the eligible costs of the project financed by the loan.

SECTION 18. Section 6A of said chapter 29C is hereby amended by striking out the first paragraph, as so appearing, and inserting in place thereof the following paragraph:-

In addition to the purposes set forth in sections five and six, the board may apply and disburse monies of the fund to provide for the subsidy or assistance to local governmental units in the payment of debt service costs on loans made by the trust authorized and directed by section twenty-six and twenty-seven of chapter two hundred and three of the acts of nineteen hundred and ninety-two and by section one hundred ninety of chapter sixty of the acts of nineteen hundred and ninety-four.

SECTION 19. Said section 6A of said chapter 29C, as amended by section 5 of chapter 120 of the acts of 1995, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

To provide for such subsidy or assistance, the state treasurer acting on behalf of the commonwealth shall enter into an agreement with the trust that the commonwealth shall provide contract assistance for debt service obligations on loans made by the trust up to a maximum amount of twenty-six million dollars per fiscal year of the commonwealth for a period of fiscal years ending no later than June thirtieth, two thousand and twenty-five. Such contract assistance agreement shall provide for payments by the commonwealth to the trust at such time during each fiscal year and upon such terms and under such conditions as the trust may stipulate. No contract assistance shall be provided to subsidize debt service obligations payable more than twenty years after the first date of amortization of principal of the loan.

SECTION 20. Section 4 of chapter 40I of the General Laws, as so appearing, is hereby amended by inserting after the word "trades", in line 9, the following words:- , agriculture, aquaculture.

SECTION 21. Section 8 of chapter 44 of the General Laws is hereby amended by striking out clause (24), as so appearing, and inserting in place thereof the following clause:-

(24) For the purpose of closing out a landfill area, opening a new landfill area, or making improvements to an existing landfill area, twenty-five years; provided, however, that no indebtedness shall be incurred hereunder until plans relating to the project shall have been submitted to the department of environmental protection and the approval of said department has been granted therefor.

SECTION 22. Section 9 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- A tractor, trailer or truck may be operated without such registration upon any way for a distance not exceeding one-half mile, if said tractor, trailer or truck is used exclusively for agricultural purposes, or between one-half mile and two miles if said tractor, trailer or truck is used exclusively for agricultural purposes and the owner thereof maintains in full force a policy of liability insurance which conforms to the provisions of section one hundred and thirteen A of chapter one hundred and seventy-five or for a distance not exceeding three hundred yards, if such tractor, trailer or truck is used for industrial purposes other than agricultural purposes, for the purpose of going from property owned or occupied by the owner of such tractor, trailer or truck to other property so owned or occupied.

SECTION 23. The last paragraph of section 19 of said chapter 90, as so appearing, is hereby amended by striking out the eighth sentence and inserting in place thereof the following sentence:- A trailer which with its load weighs not more than six thousand pounds, or farm machinery or implement which exceeds the maximum width dimensions aforementioned, may be operated, drawn or carried upon any way, if such trailer, farm machinery or implement is used exclusively for agricultural purposes, but this provision shall not prevent any trailer, farm machinery or implement, if used exclusively for such purposes, from being operated without registration upon any way in the manner provided in section nine.

SECTION 24. The first paragraph of section 11 of chapter 131 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- No sporting or hunting license shall be issued unless the applicant provides to the issuing authority proof of compliance with section fourteen.

SECTION 25. Said chapter 131 is hereby further amended by striking out section 14, as so appearing, and inserting in place thereof the following section:-

Section 14. It shall be unlawful for any resident or non-resident to hunt for any bird or mammal in the commonwealth unless such person has successfully completed a hunter education course as prescribed by this section, or unless such person has held a license so to hunt, before January first, nineteen hundred and ninety-six. Said hunter education course shall be conducted, under the direction of the division of law enforcement and shall include, but not be limited to, the safe handling of hunting equipment, firearms, archery tackle or other equipment used in recreational hunting: and the responsibilities of the hunter to himself, the wildlife, the landowner and the general public. Said course shall be minimum of twelve hours in length and shall be made available to the public in all areas of the commonwealth. The division of law enforcement shall provide agency-qualified instructors and furnish said instructors with necessary materials and equipment to conduct such courses. Said instructors shall be certified by the division of law enforcement, with the approval of the director of law enforcement, in cooperation with the director of the division of fisheries and wildlife.

The division of law enforcement shall establish the content of said courses. A person, upon the successful completion of said course shall be issued a certificate of completion except that nothing in this section shall require the issuance of a certificate of completion, to a person who is under the age of fifteen. A certificate issued by another state or province, which claims completion of a comparable course, shall if approved by the director be accepted by the division of law enforcement in lieu of said certificate of completion. The division of law enforcement may provide insurance for participants, officers and civilian instructors in said course of instruction.

The hunter education program of the division of law enforcement, for the purpose of conducting such course may cooperate with any departments or divisions of the federal government, the commonwealth or any of its subdivisions, and any associations or organizations.

Except as hereinafter provided, no sporting, hunting, fishing or trapping license shall be granted to a minor under the age of fifteen, nor, except as hereinafter provided, shall a sporting or hunting license be granted to a minor fifteen to seventeen years of age, inclusive; but the director, any city or town clerk, or any person duly authorized under the provisions of section twelve may issue a fishing license to any minor fifteen to seventeen years of age, inclusive, if such minor has been a resident of the commonwealth for at least six months and is a citizen of the United States, or a fishing license to non-resident minor fifteen to seventeen years, inclusive, or a trapping license to any minor twelve to seventeen years of age, inclusive, if such minor is a citizen of the United States. The director or any city or town clerk shall issue a hunting or sporting license to any minor fifteen to seventeen years of age, inclusive, who presents to the person authorized to issue such license, either a written statement that at all times when hunting or target practicing other than on a duly recognized range said minor shall be accompanied by a person eighteen years of age or older, or a certificate of completion as provided in this section. Every application for a license hereunder, except a fishing license, from a minor fifteen to seventeen years of age, inclusive, shall be in writing and shall be accompanied by the written consent thereto of the parent or guardian, which shall be preserved for one year by the director, the city or town clerk or any person duly authorized, as the case may be.

Nothing in this section or any other provision of law shall prohibit any minor from participating in target practice on any skeet trap or target range; nor prohibit a minor twelve to fourteen years of age, inclusive, from participating in the hunting of birds and mammals when accompanied by a duly licensed adult; provided, however, that the bag limit established by law or regulation for one person shall not be exceeded; and, provided further, that only one firearm shall be used. Not more than one such minor shall at any time accompany one adult, and such minors shall not be required to be licensed.

Any firearm whether discharged by air, mechanical action or otherwise, use or possession by any minor who is not licensed, or who is not accompanied as provided in this section, or which is used in violation of this section, shall be confiscated by any officer empowered to enforce this section, and shall be disposed of by the director of law enforcement for the best interest of the commonwealth, after a hearing, due notice of which has been given.

SECTION 26. Section 37 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "person permanently employed thereon" and inserting in place thereof the following words:- his employee, as defined pursuant to section one of chapter sixty-two B.

SECTION 26A. Section 8E of chapter 212 of the acts of 1975, inserted by section 4 of chapter 498 of the acts of 1993, is hereby amended by inserting after the word "so-called", in line 7, the following words:- ; provided, that of said amount, not less than one million dollars shall be expended for the study and design of the necessary interim wastewater treatment needs at Fort Devens; provided further, that said study shall include, but shall not be limited to, the need for additional capacity from the town of Shirley and the Massachusetts correctional institute at Shirley.

SECTION 27. Section 19A of chapter 589 of the acts of 1983 is hereby amended by inserting after the word "therewith", in line 9, the following words:- ; provided, that not less than five million dollars of the amount authorized herein shall be allocated for the planning and development of a sports complex and recreation facility in the city of Fall River; provided further, that said complex shall be capable of accommodating the needs of athletic teams participating in the game of soccer; provided further, that said facility shall encompass adequate parking areas, public rest rooms, and other recreation capabilities; provided further, that said complex shall be managed by the department of environmental management; and provided further, that notwithstanding the provisions of any general or special law to the contrary, funds authorized by this section shall be available for expenditure until June thirtieth, two thousand.

SECTION 28. Section 9I of chapter 723 of the acts of 1983, as amended by section 49 of chapter 564 of the acts of 1987, is hereby further amended by inserting after the word "recreation", in line 11, the following words:- , or for grants to cities and towns for projects that promote the preservation or restoration of wildlife habitat or recreation on lands along urban rivers and waters of the commonwealth.

SECTION 29. Section 9Q of said chapter 723 is hereby amended by inserting after the first sentence the following sentence:- The amount authorized in this section shall be available for expenditure until June thirtieth, two thousand.

SECTION 30. Paragraph (i) of section 6 of chapter 372 of the acts of 1984 is hereby amended by inserting after the word "purposes", in line 11, the following words:- ; provided, that there shall be no diversion of water from the Connecticut River for the purposes of augmenting the water resources of any political subdivision serviced by the waterworks division of the Authority pursuant to paragraph (d) of section eight of this act;.

SECTION 31. Item 2120-7885 in section 2F of chapter 199 of the acts of 1987 is hereby amended by inserting after the word "facilities", in line 2, the following words:- ; and provided, further, that notwithstanding the provisions of any general or special law to the contrary, not less than one hundred and forty-two thousand dollars shall be provided to the town of Templeton as a state match for the purchase of firefighting equipment.

SECTION 32. Item 2120-8882 of section 2 of chapter 564 of the acts of 1987 is hereby amended by striking out the wording and inserting in place thereof the following:- For the preparation of the studies and plans, engineering services, acquisition, construction, rehabilitation, and restoration of historic landscapes, including, but not limited to, the Olmstead parks in the commonwealth; provided, however, that the department of environmental management shall establish a municipal grant program for the purposes described herein; provided, further, that notwithstanding the provisions of any general or special law to the contrary, the department of environmental management is hereby authorized and directed to expend five million dollars for improvements to Forest Park in the city of Springfield. For expenditures under said grant program, a municipal cash grant of no less than ten percent and no more than fifty percent of the total project costs shall be required.

SECTION 33. Said chapter 564 is hereby further amended by striking out section 14 and inserting in place thereof the following section:-

Section 14. The commissioner of the department of environmental management is hereby authorized to expend a sum not exceeding twenty-eight million five hundred thousand dollars for the acquisition of lands fronting on rivers and coastal areas and for the design and construction of recreational facilities thereon, including associated costs for conservation and recreation purposes, provided that not less than five hundred thousand dollars of the amount authorized herein be obligated and expended for the purposes of an interagency agreement between said department and the department of highways for the purposes of a study, design, planning, engineering, acquisition, development and related and associated costs for the improvement of lands within or adjacent to traffic reconstruction projects of the department of highways; provided further, that not more than three million dollars be expended for the acquisition of coastal parcels contiguous to existing state reservations. The amount hereby appropriated shall be in addition to any funds previously appropriated for this purpose.

SECTION 34. Section 19 of said chapter 564 is hereby amended by inserting after the word "otherwise", in line 4, the following words:- or for other land in the vicinity of land fronting saltwater which would serve to protect and enhance such land; provided further, that no more than two hundred and twenty thousand dollars of the monies authorized in this section shall be expended for the study, design, acquisition, construction and implementation of a waterfront park known as the Hyannis Walkway to the Sea.

SECTION 35. Said chapter 564 is hereby further amended by striking out section 26 and inserting in place thereof the following section:-

Section 26. The commissioner of the department of environmental management is hereby authorized and directed to expend an amount not to exceed two hundred and ten thousand dollars for improvements to the Mount Tom State Reservation, including improvements to the Stone House pavilion, the field surrounding said pavilion, the digging of new wells and installation of sanitary facilities at the main pavilion, and surveying the metes and bounds of said reservation. Notwithstanding the provisions of any general or special law to the contrary, funds authorized herein shall be available for expenditure until June thirtieth, two thousand.

SECTION 36. Section 27 of said chapter 564, as amended by section 394 of chapter 177 of the acts of 1990, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- The department of environmental protection is hereby authorized to expend a sum not to exceed fifteen million dollars to plan, maintain, and improve projects related to water supply and wetlands protection; for the delineation of recharge areas; for providing technical assistance and equipment related to wetlands protection to cities and towns; for providing technical assistance and equipment related to groundwater and surface water supply protection to cities, towns, and districts; for conducting basin-wide water resource assessments pertaining to critical resource protection; and for grants to cities, towns and districts for the acquisition of lands and waters and easements by said cities, towns and districts to protect and conserve groundwater aquifers and recharge areas, surface water supplies and watershed areas, and surface or underground lands adjacent to said resources, for the protection of water that is determined by said department to be of potential or existing use for water supply purposes, consistent with section one hundred and sixty of chapter one hundred and eleven of the General Laws; provided further, that any such grants approved by the department and provided hereunder to cities, towns and districts may be for up to eighty percent of the eligible costs of such projects; and provided further, that said department shall establish standards and guidelines for the administration and disbursement of said funds and criteria for the receipt of such funds with the approval of the water resources commission.

SECTION 37. Said chapter 564 is hereby further amended by striking out section 38 and inserting in place thereof the following section:-

Section 38. A portion of the funds provided in sections two to thirty-four, inclusive, of this act, subject to the prior approval of the secretary of administration and finance, may be used for the costs associated with the acquisition and development of property. Such associated costs may include, but not be limited to, the cost of legal services, appraisals, title examinations, surveys, design, engineering, inspections, audits, environmental risk assessments and studies, and planning. Notwithstanding the provisions of section thirty of chapter twenty-nine of the General Laws, a portion of the funds authorized in said sections two to thirty-four, inclusive, of this act, may be used for costs associated with title insurance. Not more than two percent of the funds authorized pursuant to said sections two to thirty-four, inclusive, of this act, may be used for the payment of salaries of permanent or temporary employees of the commonwealth who provide direct and substantial support for the purposes authorized in said sections two to thirty-four. No amounts authorized in said sections two to thirty-four, inclusive, of this act, shall be used by any recipient municipality for the supplementing or supplanting of normal operating expenses of any function of said municipality.

SECTION 38. Section 22 of chapter 584 of the acts of 1987, as most recently amended by section 400 of chapter 177 of the acts of 1990, is hereby further amended by striking out clause (c) and inserting in place thereof the following clause:-

(c) up to forty million dollars for the costs of construction of landfills or other solid waste facilities as authorized by paragraph (2) of said subsection (c) of said section three of said chapter twenty-one H, for the costs of closure of an existing landfill or other solid waste facility as authorized by paragraph (1) of subsection (b) of said section three of said chapter twenty-one H, and for the closure and conversion of an existing municipal landfill as authorized by paragraph (3) of subsection (b) of said section three of said chapter twenty-one H.

SECTION 39. Said chapter 584 is hereby further amended by striking out section 23 and inserting in place thereof the following section:-

Section 23. The executive office of environmental affairs is hereby authorized and directed to expend a sum, not to exceed twelve million five hundred thousand dollars for: (a) the purposes of discovery, assessment, containment, clean-up, and closure of existing or closed solid waste facilities causing or threatening to cause pollution as authorized by section four of chapter twenty-one H of the General Laws; and (b) in cooperation with the executive office of transportation and construction, a pilot project using recycled tires on secondary roadways as construction material in order to develop and promote the technological requirements and uses of recycled tires as road material.

SECTION 40. Section 7 of chapter 236 of the acts of 1988 is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Environmental Trust Fund. It shall be the sole purpose of the Trust Fund to fund and coordinate projects to restore, protect and improve the quality of all commonwealth waterways, including but not limited to the Boston and Lynn harbors and Massachusetts, Buzzards and Cape Cod Bays, the waters and watersheds of the Bashbish, Blackstone, Chicopee, Connecticut, Deerfield, Farmington, French, Hoosic, Housatonic, Kinderhook, Millers, Quincbaug, Ten Mile and Westfield rivers, to increase understanding of the harbors, bays, watersheds, and rivers and their resources and the effect of human activities upon them, and to encourage public involvement in activities which promote the harbors, Bays, watersheds and rivers as living resources and public treasures for present and future citizens of the commonwealth of Massachusetts. The expenditure of the two million dollars of principal appropriated to the trust by this section shall be made at the direction of the secretary of environmental affairs solely in accordance with the terms and conditions of the Stipulation and Order filed with the United States District Court for the District of Massachusetts on or about April twelfth, nineteen hundred and eighty-eight, by the United States and the commonwealth for the purpose of settling the United States' claim of penalties against the commonwealth and the metropolitan district commission in United States v. Metropolitan District Commission, Civil Action No. 85-0489-MA. All other monies for the Trust Fund shall be solicited, received and expended within the limits of and in the manner described in rules and procedures to be adopted by the board of trustees to be appointed by the secretary of environmental affairs. The board shall also develop criteria for project grants to be made to qualifying not-for-profit organizations, community associations, civic groups, schools, cities or towns, regional planning agencies or public agencies for projects consistent with the purposes of the trust fund.

SECTION 41. Subsection (b) of said section 7 of said chapter 236 is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The board shall consist of nine distinguished citizens, two of whom shall be residents of the western part of the commonwealth, who by virtue of standing in the community and experience, are suited to advise the secretary on effecting the purposes of the Trust Fund.

SECTION 42. Section 22 of chapter 275 of the acts of 1989 is hereby amended by striking out, in line 5, the word "twenty" and inserting in place thereof the following word:- ten.

SECTION 43. Section 27 of chapter 203 of the acts of 1992 is hereby amended by inserting after the word "department", in line 7, as appearing in section 190 of chapter 60 of the acts of 1994, the following words:- ; provided, further, that the water pollution abatement trust shall make such loans to the towns of Holden and West Boylston, or to the metropolitan district commission as statutorily authorized, for the components of the project described in Metropolitan District Commission Waste Water Project No. WM93-001-SIA, Waste Water Facilities Plan West Boylston-Holden-Wachusett Reservoir Project which are on the department's priority list for fiscal years nineteen hundred and ninety-five through two thousand and two, inclusive, such that the total financial assistance provided to said towns or commission with respect to the project is the financial equivalent of a grant of fifty percent of the eligible costs thereof as determined by the department.

SECTION 44. Section 340 of chapter 110 of the acts of 1993 is hereby amended by striking out, in line 3, the word "four" and inserting in place thereof the following word:- seven.

SECTION 45. Section 12 of chapter 498 of the acts of 1993 is hereby amended by adding the following paragraph:-

Notwithstanding any provision of this act or of chapter two hundred and twelve of the acts of nineteen hundred and seventy-five, as amended, the Bank, in carrying out the provisions of this act shall be deemed a "public employer" as that term is defined in section one of chapter two hundred and fifty-eight of the General Laws, and is therefore subject to the provisions of said chapter two hundred and fifty-eight. Any notice of claim pursuant to section four of said chapter two hundred and fifty-eight shall be presented to the treasurer of the Bank.

SECTION 46. Item 2120-7957 in section 2 of chapter 85 of the acts of 1994 is hereby amended by inserting after the word "item", in line 17, the following words:- ; and provided, further, that notwithstanding any other provision of this item, not more than six million dollars shall be expended from this item for the acquisition and demolition of five parcels of land located on Salisbury Beach.

SECTION 47. Item 2440-8952 in said section 2 of said chapter 85 is hereby amended by inserting after the word "item", in line 18, the following words:- ; provided further, that not less than six hundred thousand dollars be expended for the implementation of the Brook Farm Master Plan.

SECTION 48. Said item 2440-8952 in said section 2 of said chapter 85 is hereby further amended by inserting after the word "waste", in line 15, the following words:- ; provided, further, that notwithstanding the provisions of any general or special law to the contrary, the commission is hereby authorized to acquire the site occupied by the former Bay State Smelting Company located on Somerville avenue in the city of Somerville, but neither the commission nor the commonwealth shall have any liability with respect to said site pursuant to chapter twenty-one E of the General Laws.

SECTION 49. The first paragraph of section 44 of said chapter 85 is hereby amended by adding the following sentence:- Under no circumstances shall any lease entered into pursuant to this section be for a period of more than five years.

SECTION 50. Said section 44 of said chapter 85 is hereby further amended by striking out, in line 35, the words ", E.F. Dodge house" and inserting in place thereof the following words:- , the Coach House and Carriage Garage at Bradley Palmer State Park, the Farm Complex at Maudslay State Park, Gilder House complex at Jug End, the Weeks House at Myles Standish State Forest, the Baker Chocolate Factory Company Administration Building at Lower Mills in the city of Boston, Lamson House and garage.

SECTION 51. Item 6033-9517 in section 2A of chapter 273 of the acts of 1994 is hereby amended by inserting after the word "replacement", the second time it appears, in line 28, the following words:- ; provided, further, that not less than six hundred thousand dollars shall be expended for a study to determine the environmental impact and the feasibility of widening Route 88 in Westport for its entire length from the present two-lane section to a posted four-lane section, including but not limited to, the mitigation efforts which might be undertaken to minimize the environmental impacts and the estimated cost of the proposed widening including mitigation, right-of-way costs, and construction; and provided further, that the Massachusetts highway department shall submit said study to the joint committee on transportation not later than July first, nineteen hundred and ninety-six.

SECTION 52. Notwithstanding any general or special law to the contrary, the commissioner of the metropolitan district commission may acquire development rights or other interests, including fee interests, in land pursuant to the provisions of chapter seventy-nine or chapter eighty A of the General Laws.

SECTION 53. Notwithstanding the provisions of any general or special law to the contrary, the department of environmental protection and the office of the attorney general shall work in cooperation with the office of seized property management within the division of capital planning and operations, created pursuant to paragraph (2) of subsection (f) of section forty-seven of chapter ninety-four C of the General Laws, to identify and obtain a vessel forfeited pursuant to the provisions of said section forty-seven, suitable to meet the needs of the department in enforcing the provisions of chapter ninety-one of the General Laws and regulations promulgated thereunder.

SECTION 54. Any and all draft and final regulations, and any amendments thereto, promulgated by the secretary of the executive office of environmental affairs, pursuant to clause twenty-six of section two of section twenty-one A of the General Laws, and the fisheries and wildlife board, pursuant to section two A of chapter one hundred and thirty-one of the General Laws, shall be submitted to the joint committee on natural resources and agriculture for its review at least sixty days prior to the effective date of any such regulations or amendments thereto.

SECTION 55. The Massachusetts Water Resources Authority is hereby authorized and directed, notwithstanding any law, ordinance or regulation to the contrary, to convey to the city of Chelsea, for park and recreation purposes and for no other purposes, a certain parcel of land owned by said authority in the city of Chelsea, consisting of approximately 32,939 square feet. The parcel of land is generally located at the intersection of Central and Eastern Avenues, and is more particularly described in deeds registered in the Suffolk County Registry of Deeds. The consideration for such conveyance shall be negotiated between said city and said Authority.

SECTION 56. Upon notification of the Interstate Commerce Commission's approval of the abandonment by the Boston & Maine Corporation of the corporation's freight rights on the Saugus Branch, so-called, the Massachusetts Bay Transportation Authority, notwithstanding any general or special law to the contrary, is hereby authorized and directed to convey to the cities of Everett and Malden, respectively, the portions of the Saugus Branch railbed located within said cities. The consideration for such conveyance shall be negotiated between said city and said authority.

SECTION 57. Except as otherwise provided by law, any amounts made available by this act or heretofore made available by chapter five hundred and sixty-four of the acts of nineteen hundred and eighty-seven shall be available for expenditure until June thirtieth, two thousand and one.

SECTION 58. Notwithstanding the provisions of any general or special law to the contrary, the unexpended balances of bond funded authorizations which are listed herein shall cease to be available for expenditure on the effective date of this act: 2320-8813, 2410-8801, 2440-7871, 2440-7884, 2440-7899, 2440-8794, 2440-8812, 2440-9813, 2440-9872.

SECTION 59. Notwithstanding the provisions of any general or special law to the contrary, the unexpended balances of the bond funded authorizations which are listed below which are in excess of the amount specified below for each such item shall cease to be available for expenditure on the effective date of this act.

2260-9882 $50,000,000

2260-9883 $50,000,000

SECTION 60. Notwithstanding the provisions of any general or special law to the contrary, in or upon acquiring any fee interest in land for purposes within Article XCVII of the Amendments to the Constitution of the Commonwealth, all state agencies, commissions, or boards expending or receiving state funds pursuant to this act shall obtain the approval of the secretary of the executive office of environmental affairs before implementing or endorsing any prohibition of fishing, hunting, or trapping on such land and shall provide the secretary with written justification of said prohibition. Any state agency, commission, or board managing or controlling fee interests in such land acquired prior to the effective date of this section shall provide the secretary with written justification of any prohibition of fishing, hunting, or trapping on such land within sixty days of said effective date. Any management plan developed for such land shall include such justifications.

SECTION 61. Notwithstanding the provisions of any general or special law to the contrary, the metropolitan district commission is authorized and directed to prepare detailed plans and file an application with the executive office of transportation and construction for transportation enhancement funds made available to the commonwealth under the Federal Intermodal Surface Transportation Efficiency Act (ISTEA) for the conversion of the Stone Barn adjacent to Route 9 in the Hemlock Gorge Reservation to a visitor's center/office/storage space for the reservation in accordance with the concept plans prepared for the Friends of Hemlock Gorge with funding from the National Trust For Historic Preservation.

SECTION 62. Notwithstanding any general or special law to the contrary, the metropolitan district commission is authorized to take the necessary steps to acquire vacant parcels adjacent to the Hemlock Gorge Reservation to prevent further encroachment of incompatible uses on the reservation, subject to review and report by the inspector general, and report to the general court; and provided further that such acquisition shall be subject to appropriation.

SECTION 63. The metropolitan district commission is hereby authorized, to the extent not otherwise authorized by statute, to do all things necessary to design, construct, test, and transfer to the ownership of the appropriate public and private property owners, the project described in Metropolitan District Commission Waste Water Project No. WM93-001-S1A, Waste Water Facilities Plan West Boylston-Holden-Wachusett Reservoir Watershed, hereinafter called the project, including, but not limited to, entering into contracts and other agreements with the Towns of West Boylston and Holden; the Water Pollution Abatement Trust, established pursuant to chapter twenty-nine C of the General Laws, hereinafter called the Trust; the Upper Blackstone Water Pollution Abatement District, established pursuant to chapter seven hundred and fifty-two of the acts of nineteen hundred and sixty-eight; the department of environmental protection; and private and public property owners to be serviced by the project.

Upon completion of the project, said commission shall file a project completion report with the secretary of the executive office for administration and finance and the Senate and House committees on ways and means detailing the original estimated costs, final estimated costs, contract bid amounts, and actual project costs, by individual project components. In the event that the Massachusetts Water Resources Authority financed more than 14.14 percent of the total actual project cost, or the town of Holden financed more than 12.10 percent of the total actual project cost, or the town of West Boylston financed more than 13.53 percent of the total actual project cost, said secretary shall take all steps necessary to reimburse each of the preceding organizations which had financed more than their respective percentage share, to the extent necessary to ensure that the net amount financed by each organization does not exceed the percentage share specified herein.

SECTION 64. The towns of West Boylston and Holden shall each take the necessary actions to establish a program of betterment assessment and collection with respect to the improvements to the private and publicly owned property to be served by the project to be funded from account 2420-7964 to insure the recovery of these funds by the respective towns. In each year that funds are expended from account 2420-7964, the metropolitan district commission shall certify to the division of local services of the department of revenue and to each town the amounts expended for the benefit of property owners in each town, accompanied by a schedule of the amounts expended for each property, and the property address and owner. Said division, upon review, shall advise each town of the amounts to be recovered, over a period of twenty-five years, and shall deduct each annual amount, on a quarterly basis, from each town's local aid distribution. At the end of each fiscal year in which such a recovery is made from either or both towns, the treasurer shall transfer the sum of the amounts so recovered to the trust for deposit pursuant to clause (iv) of subsection (a) of section four of chapter twenty-nine C of the General Laws.

Notwithstanding section thirteen of chapter eighty or any other provision of the General Laws, the towns of West Boylston and Holden shall commit as assessments of the town any amounts certified to them by the metropolitan district commission as expended for the benefit of property owners in their respective towns. Such assessments may be apportioned for up to twenty-five years at the election of the property owners, and shall bear no interest. One twenty-fifth of the total amount of such assessments for each town shall be deducted from the town's local aid each year until the full amount of said total has been recovered by the commonwealth. To the extent that a town receives more than one twenty-fifth of the total assessment amount in any year, the excess shall be placed in a reserve account to be used to meet the annual obligation to the commonwealth in any year when the town's collection of such assessments are less than one twenty-fifth of the total assessment amount.

Said commission shall annually notify the commissioner of revenue no later than February first of the amounts to be deducted from the local aid of West Boylston and Holden pursuant to this act. Said commission shall also cause to be recorded in the registry of deeds a list of parcels upon which special assessments are to be imposed on account of the project, which list shall constitute a lien upon the parcels as provided in chapter eighty of the General Laws.

SECTION 65. There shall be a special commission to oversee the centennial of the department of environmental management and to plan for the future of the state parks system. Said study shall include, but not be limited to, coordination, development and recommendation of a plan for the future of said department, which shall have as its objective determining the best means of preserving the natural resources managed by the department for the citizens and tourists of the commonwealth. Said study shall review parks operations within the commonwealth as well as other state park systems. The commission shall coordinate, develop and recommend to the governor a plan for the future of the department, which shall have as its objective the best means of preserving the agency's natural resources for the citizenry and tourists of the commonwealth. The commission shall oversee the plan of public events to celebrate the centennial of the department, and investigate the potential utilization of resources from both the public and private sectors to fund centennial events and to create management plans to strengthen the department. The commission shall consist of seventeen members, four of whom shall be members of the house of representatives to be appointed by the speaker; four of whom shall be members of the senate to be appointed by the president; and nine of whom shall be appointed by the governor, two of whom shall be representative of a department friends group or advisory board, two of whom shall be a member of a statewide environmental organization which promotes both recreation and conservation activities, two of whom shall be members of the Massachusetts Recreation and Parks Association, one of whom shall be a member of a professional natural resource management organization, one of whom shall be a city or town forest warden, and one of whom shall be a representative of an AFL-CIO labor organization whose interests and employment directly and continually relate to the scope and activity of the department. All appointments shall be made within sixty days of the effective date of this act. Members shall serve without compensation. The commission shall report the results of its study and its recommendations, together with any drafts of legislation necessary to carry out its recommendations, to the secretary of the executive office of environmental affairs and the joint committee on natural resources and agriculture, not later than January first, nineteen hundred and ninety-seven.

SECTION 66. A special commission is hereby established to explore alternatives to funding payments in lieu of taxes pursuant to section thirteen through eighteen of chapter fifty-eight of the General Laws. Said commission shall consist of two members appointed by the speaker of the house of representatives, the chair of the house ways and means committee or designee thereof, two members appointed by the senate president, the chair of the senate ways and means committee or designee thereof, the commissioner of the department of revenue division of local services or designee, and the secretary of the executive office of administration and finance or designee. Said commission shall report to the joint committee on natural resources and agriculture not later than March first, nineteen hundred and ninety-six.

SECTION 67. There is hereby established an urban task force, whose members shall serve without compensation, to consist of one representative from the city of Chelsea, one representative from the community of Dorchester in the city of Boston, one representative from Springfield, one representative from Pittsfield, one representative from Worcester, one representative from New Bedford, one representative from Lynn and five persons to be appointed by the secretary of the executive office of environmental affairs, of which one shall be the commissioner of the department of environmental protection or his designee, who shall serve as chairman, one individual with a scientific background in the study of hazardous substances, an attorney licensed to practice law in the commonwealth with knowledge of, and experience in dealing with hazardous waste remediation issues, one member of the Massachusetts bankers association, and one member of a statewide environmental organization, for the purpose of making an investigation and assessment of the impact of chapter twenty-one E of the General Laws on access to capital, state and municipal loan capacities, existing businesses, future economic development, retroactive and third-party liability, and innocent owner remediation. Said task force shall also investigate and promulgate a list of those older urban areas located within the commonwealth that are, or are likely to be, most impacted by the provisions of said chapter twenty-one E. Said task force shall report the results of its investigation, its assessment list, and its recommendations, if any, together with any drafts of legislation necessary to carry out its recommendations to the secretary of the executive office of environmental affairs, the senate and house chairs of the committee on ways and means, and the joint committee on natural resources on or before December thirty-first, nineteen hundred and ninety-six. Said task force may employ technical experts and any such officers, agents, and employees as are necessary to effectuate the purposes of the task force and may fix their qualification, duties, and compensation, subject to appropriation.

SECTION 68. Sections twenty-four and twenty-five shall take effect on July first, nineteen hundred and ninety-six.