SENATE DOCKET, NO. 1876        FILED ON: 1/14/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2072

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Authorizing Certain Development in the Fort Point Channel..

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.   Chapter 91 of the General Laws is hereby amended by inserting after Section 4 the following new section:-

Section 4A:  Improvement of Boston Harbor; maintenance of public structures.

Section 1:  Notwithstanding sections 14 and 34 of chapter 91 of the General Laws or any other general or special law to the contrary, the department of environmental protection may grant licenses to the Boston Redevelopment Authority and any co-applicant that otherwise fulfills the requirements for a chapter 91 license to construct, maintain, and repair pile supported and floating public structures as shown in the Boston Inner Harbor Passenger Water Transportation Plan as of January 2000 and Fort Point Channel Watersheet Activation Plan as of May 2002, including related utilities, which project is located in whole or in part beyond the harborlines in the Fort Point Channel, having been established in prior legislative acts, including chapter 232 of the acts of 1873 and chapter 170 of the acts of 1880.

SECTION 2.  A final plan showing the specific location of any project located in whole or in part beyond the Fort Point Channel harborlines shall be incorporated into any waterways license issued pursuant to this Act.  Plans showing the location of the project shall be prepared for the department of environmental protection and shall be on file at the department for public inspection as required by chapter 91 of the General Laws and its regulations.

SECTION 3.  Nothing in this Act shall be construed to exempt any project from any substantive or procedural requirements of chapter 91 of the General Laws and its regulations, other than the exemption permitted in this Act from the harborline requirements of sections 14 and 34 of said chapter 91.