HOUSE DOCKET, NO. 3848 FILED ON: 6/23/2011
HOUSE . . . . . . . . . . . . . . . No. 3690
By Messrs. O'Flaherty of Chelsea and Basile of Boston, a petition (subject to Joint Rules 12 and 9) of Eugene L. O'Flaherty and Carlo Basile for legislation to exempt certain water dependent structures from certain harbor lines in Chelsea Creek. Environment, Natural Resources and Agriculture. |
The Commonwealth of Massachusetts
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In the Year Two Thousand Eleven
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An Act authorizing certain structures to be exempted from certain harbor lines in Chelsea Creek.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide for certain water dependent structures to be exempted from the certain harbor lines, 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. This act is necessary to enable the Massachusetts Department of Transportation to (a) construct bulkheads, fenders, and appurtenances, hereinafter referred to as the “project” in Chelsea Creek to facilitate dredging by the U. S. Army Corps of Engineers to improve safety of navigation in Chelsea Creek a critical energy pathway and (2) thereafter to repair, maintain and manage the project.
Section 2. Notwithstanding the provisions of sections 14 and 34 of chapter 91 of the General Laws or any other general or special law to the contrary, this act authorizes an exemption from the harbor lines in the vicinity established by Chapter 204 of the Acts of 1849 (May 2, 1849), Chapter 334 of the Acts of 1887 (June 1, 1887), and any other special acts of the legislature. The approximate location of the exemption to the harbor lines hereby established is “ as shown on a plan entitled, “Proposed Area of Exemption From Harbor Lines In Chelsea Creek”, dated May 26, 2011. A final plan showing the specific location of the exemption area shall be incorporated in the waterways license to be issued subsequent to the effective date of this act.
Section 3. This project shall be subject to a waterways license which, consistent with the emergency nature of this law, the Department of Environment Protection shall process and issue on an expedited basis.
Section 4. This act shall take effect upon its passage.