SECTION 1. To provide for a program of improvement and preservation of the energy and environmental assets of the commonwealth, the sums set forth in this act, for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the provisions of law regulating the disbursement of public funds, which sums shall be in addition to any other amounts previously appropriated for these purposes.
SECTION 2.
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
Office of the Secretary
2000-7053 For improvements and replacements to the infrastructure and holdings of the executive office of energy and environmental affairs; provided, that these improvements or replacements may include, but shall not be limited to, buildings, equipment, vehicles and communication and technology equipment; and provided further, that any expenditures for communication and technology equipment under this item shall be subject to the approval of the chief information officer of the commonwealth………………………...... $10,000,000
Department of Environmental Protection
2200-7021 For investment in water and air quality protection as required to meet the legislative and regulatory requirements of the Rivers Protection Act, the federal and state Clean Water Acts and the Massachusetts Wetlands Protection Act and to provide for integrated energy and environmental projects to optimize and preserve environmental quality and public health and provide for appropriate protection, restoration, management, and best use of air, energy, water and land resources, assets and infrastructure; provided, that this funding, may include, but not be limited to, research and the collection of data to support investment in environmental assets, such as research and studies to include but not be limited to studies of water quality, the development of wetlands conservancy and tidelands Geographic Information System (GIS) maps, the implementation of water quality monitoring initiatives, the collection and analysis of water quality samples, and the development of water quality analyses known as Total Maximum Daily Loads (TMDL’s); the assessment of water quality health and impaired use of waterways; projects related to non-point and point sources of water pollution; and wetlands circuit rider program; provided further, that funds may be expended for the assessment, prevention and abatement of pollution or environmental degradation to the land, water and air; provided further, that investments shall be made in water quality restoration of degraded estuarine habitat for those projects that are consistent with the criteria of any applicable and current water resources plan adopted under section 208 of the federal Clean Water Act, to include pilot projects that test innovative green wastewater management technologies and methods in appropriate environmental settings; provided further, that funds may be expended for local grants and research for implementation of the commonwealth’s Sustainable Water Management Initiative, such grants and research to provide the data necessary for municipalities to invest in efficient and effective mitigation practice to restore and preserve the commonwealth’s water resources, assets and infrastructure; provided further, that funds may be expended for Sustainable Water Management Initiative related research and implementation projects conducted by the department of fish and game and its divisions; provided further, that funds may be expended for grants to cities, towns and districts for the acquisition of lands and waters and easements by those cities, towns and districts to protect and conserve groundwater aquifers, recharge areas and underground water supplies, surface water supplies and watershed areas, and surface or underground lands adjacent to those resources, for the protection of such water that is determined by the department of environmental protection to be of potential use for water supply purposes, and for the digging of wells, related infrastructure and equipment to access such underground water for the use for drinking water supply purposes, and to protect public health and safety when existing water supply sources are unsafe or immediately threatened due to pollution or severe drought, by establishing and connecting to alternate water supply sources; provided further, that funds authorized in this item may be used for the purposes of the department’s statewide air monitoring network which may include, but not be limited to, photochemical assessment monitoring stations, small particulate monitoring and air toxins monitoring; and provided further, that funds authorized in this line may include the upgrade of equipment to comply with federal requirements; provided further, that not more than $500,000 shall be expended to acquire land for the purpose to protect drinking water well field resources in the town of Dighton; provided further, that not more than $6,000,000 shall be expended as a grant for engineering, planning construction, and related infrastructure and equipment, to establish and connect to an alternate public water supply source for the town of Charlton, to replace the town’s unsafe and contaminated existing public water supply source; provided further, that $5,100,000 shall be expended for the construction of a sludge landfill and for related improvements to said landfill at the wastewater treatment facility located in the city of Attleboro; provided further, that $420,000 shall be expended for improvements to the sewer line along River Front Drive in the city of Attleboro; provided further, that $250,000 shall be expended for the Nash Road Pond Water Quality Improvement Project in the city of New Bedford for weed eradication, mitigation of storm water impacts and refurbishment of Nash Road pond frontage; provided further, that $550,000 shall be expended for the Lake Street Ponds Water Quality Improvement Project in the town of Acushnet for area septic system evaluation, evaluation of storm water impacts and weed eradication; provided further, that not more than $7,000,000 shall be expended as a matching grant for the reconstruction of the Whitla Drive sewer pumping station in the city of Worcester, and for related improvements to reroute, extend, and expand the capacity of the sewer system in the Route 20 corridor in said city and the town of Millbury, and to connect said extension with the existing regional wastewater treatment facility, including, without limitation, the cost of engineering and design, to protect public health and reduce the existing threat of sewerage overflow discharge into Lake Quinsigamond and the Broodmeadow Brook Wildlife Sanctuary; provided further, that not less than $10,000,000 shall be expended for the purpose of municipal grants for all non-federally covered costs, to remove the combined sewer outflows which discharge effluent and storm water into the Connecticut River from the cities of Springfield, Chicopee and Holyoke and the town of Ludlow, to comply with administrative mandates from the United States Environmental Protection Agency, and to remediate river pollution from such outflows, and to make any necessary modifications and improvements to sewer system infrastructure in said municipalities directly resulting from such removal, and subject to the requirement that the expenditure of funds, shall comply with the federal mandates and, the criteria and directives of the Connecticut River Clean-up Committee of the Pioneer Valley Planning Commission for said municipalities. ………………………………………………………………………..$34,000,000
Department of Fish and Game
2300-7021 For enhancements, improvements, removal and replacements to the infrastructure and holdings of the department of fish and game and its divisions; and for the costs of studies, plans, engineering and other services essential to this activity; and for the planning, design, construction, and repair of existing and new facilities under the care and control of the department of fish and game and its divisions, including but not limited to education centers, district headquarters, hatcheries, office buildings, storage buildings, shooting ranges, dams and laboratories; provided, that these enhancements, improvements and replacements may include, but shall not be limited to, buildings and other structures, equipment, vehicles, vessels, information systems, and site clearance, including the demolition of structures, and other holdings including remediation of environmental compliance matters throughout the commonwealth........................................................................$8,000,000
2300-7027 For the purposes of fresh water aquatic fisheries restoration to include, establishing benchmarks to identify and target the conservation natural fisheries communities, establishing protection goals for high quality fish communities, and the execution of fisheries habitat restoration projects on natural fish communities, as identified by the division of fisheries and wildlife after taking into account the current Massachusetts Wildlife Action Plan, and for other related costs to include, but not limited to, any required fish and habitat research and mapping, management, monitoring and equipment; provided that said projects may be carried out in cooperation with not-for profit organizations or agencies; and provided further, that expenditures from this item shall be subject to approval by the commissioner of the department of fish and game,……………………………………………………………….……….$4,000,000
2300-7028 For the purposes of marine fisheries restoration, support of local commercial and recreational fisheries, development of best marine fisheries science to guide management decisions, preparation of technical guidance and fisheries management plans, as approved by the director of the division of marine fisheries and the commissioner of the department of fish and game, and for related costs to include, without limitation, fish and habitat research and mapping, restoration, management, monitoring, data collection, technical assistance management studies and equipment; provided further, that these projects may be carried out in cooperation with not-for-profit, organizations, academic institutions or management agencies, including, without limitation, the Massachusetts Marine Fisheries Institute in conjunction with the School of Marine Science and Technology at the University of Massachusetts, Dartmouth. …………….$4,000,000
Department of Conservation and Recreation
2800-7032 For natural resource restoration and protection and to ensure compliance with storm water management and the federal Clean Water Act, including enhanced environmental compliance with laws and regulations, and improvements, and costs associated with site assessment, containment, clean-up, control, removal of, or response actions concerning hazardous materials or substances at forests, parks, reservations and other properties of the department of conservation and recreation ……………………………….$24,000,000
2800-7107 For the design, construction, reconstruction, improvement or rehabilitation of department or navigable coastal and inland waterways and non-navigable inland waterways projects, including, but not limited to, coastal protection, structures, dredging, river and stream cleaning, flood control, coastal structure maintenance, piers, dune stabilization, culvert repair, re-nourishment, erosion control, enhancing naturally occurring ecosystems, waterfront access and transportation improvements and related facilities and equipment; provided, funds shall be expended to improve the water outflow of Blacks Creek at Wollaston Beach in the city of Quincy as relating to flood control of Blacks Creek and adjoining Furnace Brook in said city; provided further, that $5.2 million shall be expended for dredging the North and South River and relocating the dredged material to the 4th Cliff Air Force Recreation Area in the towns of Marshfield and Scituate to provide critical habitat for endangered bird species, improved coastal resiliency and beach nourishment; provided further, that $9,300,000 shall be expended for repairs and improvements to the public commercial fishing pier infrastructure managed by the Harbor Development Commission in the city of New Bedford; provided further, that $8,775,000 shall be expended for the design and construction of phase one of the Hoosic River Restoration Project in the city of North Adams; provided further, $250,000 shall be expended for water quality improvements at Buttonwood Park in the city of New Bedford; provided further, that $6,000,000 shall be expended to improve the water quality and sedimentation quality and river health of the Charles River to include, sediment mitigation in accordance with the Clean Charles River Initiative, related research and data collection, and to advance recreational opportunities on the river; and provided further, that not more than $250,000 shall be expended for the Breeds Brook Cove Culvert Restoration Project in the town of Somerset…………………………………………..……... $48,000,000
2800-7108 For the purpose of all non-federal costs associated with the dredging and the disposal of dredged materials from the Commonwealth’s costal public harbors channels, anchorages and waterways, and publicly-owned berths within designated port areas and approach channels thereto, and other public tidewaters, non-tidewaters, tidal flats and waterways as set forth in section 10 of chapter 91 of the General Laws, collectively referred hereinafter as “designated port area dredging projects”, including, but not limited to, maintenances dredging projects as defined under 310 CMR 9.00 and maintenance dredging projects with a subsidiary improvement dredging component; provided, the office of waterways in the division of engineering of the department shall recommend the allocation and priority of funding for designated port area dredging projects based upon the designated port area dredging plan and consisting of those projects that are qualified by (i) having received all applicable dredging permits and other required environmental approvals, and (ii) demonstrating the availability of other funding or written commitments for such other funding or financial assistance, necessary to complete the project; except, the office of waterways may recommend funds be allocated sooner when in an emergency or other situations it finds that certain designated port area dredging projects should be undertaken prior to the completion of the designated port area dredging plan, if the project is otherwise qualified; provided further, that a portion of the funds authorized under this item may be used for the proper disposal of dredged materials as determined necessary through the course of environmental review and related expenses to mitigate any adverse environmental impacts; provided further, that such funds may be used for any associated costs as related to this item, to include, without limitation, design, engineering inspections, audits and legal services; provided further, that grants for dredging projects may be made to cities and towns; and provided further, that the expenditure of funds from this item for designated port area dredging projects shall be made as directed by the secretary of energy and environment affairs, notwithstanding the recommendation of the office of waterways…………………………………$60,000,000
2800-7109 Notwithstanding any general or special law to the contrary, the governor is authorized and directed to expend, prior to December 1 of 2018, $35,000,000 to mitigate or contribute towards any costs associated with or arising out of the federal navigational and berth dredging in New Bedford Harbor and $65,000,000 to mitigate or contribute towards any costs associated with or arising out of the federal improvement dredging of Boston Harbor; provided further, that a portion of said funds for Boston Harbor shall be expended on a feasibility study for the installation of shore power facilities and an analysis of noise and air pollution associated with the expansion of the Black Falcon Terminal and Conley Terminal …………………………………………………………$100,000,000.
2800-7027 For the acquisition of land and interests in land by the department of conservation and recreation and for associated costs, to including, planning, study, due diligence, title and appraisal services, site restoration, stewardship and costs associated with the defense of eminent domain takings for the purpose of protecting significant natural and cultural resources of the commonwealth and enhancing the department’s system of forests, parks and reservations; provided, that funds may be used for development and implementation of a stewardship program on lands under the care and control of the department, including, but not limited to, resource and land use monitoring, signage, boundary delineation and monitoring, preparation of baseline documentation, stewardship planning, ecological monitoring and enforcement of conservation restrictions or detection and resolution of encroachments on land owned in fee simple, and repair of damage to property related to illegal uses, including off-road vehicle trespass; and provided further, that funds may be used for inventory, restoration and reclamation of recently acquired land, including demolition of structures, removal of debris, eradication of non-native species, and other services essential to these reclamation efforts; provided, that $11,000,000 shall be expended for the restoration of and construction of improvements to Fort Taber and Fort Rodman at Clark’s Cove in the city of New Bedford …………………………$30,000,000
2840-7027 For the design, construction, reconstruction, repair, improvement or rehabilitation of flood control facilities and water resource protection related facilities of the department, including its various pump stations and structures...................$2,000,000
2800-7029 For a grant program to assist and provide funding to conservation districts as defined in sections 19 through 24, inclusive, of chapter 21 of the General Laws, to perform innovative projects to conserve the soil, water and related natural resources of the commonwealth, including, but not limited to, conservation education, demonstration projects, the MassEnvirothon, and other projects related water and soil conservation. The program shall be administered by the director of the division of conservation services; provided, that all expenditures and program priorities shall be approved by the state commission on soil, water and related resources; and provided further, that prior to any project expenditure, the director and state commission shall consider the applicability of any current natural recourses plan and the availability of any suitable matching grant funding from other sources………$1,625,000
2800-7031 For the protection and rehabilitation of the lakes, ponds, rivers and streams and associated watersheds including, but not limited to, assistance and grant programs under sections 37A to 37D, inclusive, of chapter 21 of the General Laws; provided, that such programs shall include, without limitation, technical assistance, studies, preservation, environmental improvements, to include the removal of aquatic invasive plants and associated costs; and for a program to provide for the registration of persons engaged in the business of drilling or digging wells and assuring adherence to professional standards in well construction to protect ground water resources, to include, technical assistance to boards of health and the regulated community and the ongoing education to well drillers and others, and coordination with the office of the state geologist and for associated costs.............................................................. $10,000,000
Division of Energy Resources
9300-7030 For the Leading by Example Program, to reduce greenhouse gas emissions and other environmental impacts at state agencies and authorities, municipal-owned buildings, and public colleges and universities; to stimulate increased public and private sector investment in clean energy and related enterprises, institutions, and projects in the commonwealth, including providing economic assistance for the development of these enterprises and non-financial assistance.........................................................................$5,000,000
9300-7919 For the energy conservation improvement program under section 11 of chapter 25A of the General Laws; provided, that funds in this item shall be allocated from time to time by the commissioner of energy resources for the purposes of the energy audit program, the energy conservation improvement program, and the alternative energy property program, and for other programs that increase energy efficiency and the deployment of renewable resources at public facilities; provided further, that when expending these funds, the commissioner shall take into consideration, among other relevant factors, the amount of available state and federal financial resources, the needs of each program with respect to public buildings and facilities, the volume of requests or expected requests from other entities for assistance under each program, the expected costs and public benefits of each program and, after information has become available from the energy audit program, the priorities and needs indicated by that information; provided further, that funds shall be expended on the buildings and facilities owned by public entities; and provided further, that grants may be issued, to include, but not limited to, municipalities, regional planning agencies, non-profit organizations and other public and non-public entities, for the purposes of this item .................................................................................. $10,000,000
SECTION 2A.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary
0620-1001 For the water pollution abatement trust established in section 2 of chapter 29C of the General Laws for deposit in the Water Pollution Abatement Revolving Fund established in section 2L of chapter 29 of the General Laws for application by the trust to the purposes specified in section 5 of said chapter 29C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under Title VI of the federal Clean Water Act or for deposit in the Drinking Water Revolving Fund established in section 2QQ of chapter 29 of the General Laws for application by the trust to the purposes specified in section 18 of said chapter 29C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under the federal Safe Drinking Water Act; provided, that funds may be used to assist homeowners in complying with the revised state environmental code for subsurface disposal of sanitary waste, Title 5 …………………………………………………………………$57,000,000
1100-2510 For improvements to coastal facilities in designated and non-designated port areas, including those defined in chapter 21F of the General Laws, 301 CMR 25, section 63 of chapter 91 of the General Laws and 312 CMR 2.00; provided, that improvements may include, but shall not be limited to, construction, reconstruction, rehabilitation, expanding, replacing, and improving public facilities, piers, wharves, boardwalks, berths, bulkheads, and other harbor and waterfront facilities; provided, that not less than $20,000,000 shall be expended on capital improvements to the state pier facility in the city of Fall River, which shall be made to further economic development within the port of Fall River; projects may include, but shall not be limited to, the construction of the south basin of the state pier facility, the rehabilitation and replacement of all marine structures for Battleship Cove in the port of Fall River, commercial fishing improvements, commercial marine transportation improvements, and other capital improvements related to economic development within the port of Fall River; provided that not less than $7,500,000 shall be expended for the redevelopment of city pier in the city of Fall River, including, but not limited to, permitting, capping of site, stabilization of existing seawalls and construction of a public marina and associated amenities; and provided further, that $16,100,000 shall be expended for the rehabilitation of and improvements to the state pier in New Bedford Harbor. …………………………………………………………………$125,000,000
1100-2511 For the purpose to provide a matching grant program for the repairs, construction, modernization of equipment and capital improvements for marine railways,which are privately-owned and located in designated port areas or maritime industrial zones; provided, that the secretary of administration and finance shall make available the funds under this item to Mass Development to administer such grant program opportunities; and provided further, that each grant shall require a private funding match in an amount not to exceed twenty five percent of the cost of the project………………………………………………$10,000,000
1100-2530 To capitalize the Massachusetts Water Technology Innovation Trust Fund established in section 9A of chapter 23J, within the Clean Energy Technology Center…………………………………………………………$25,000,000
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
Office of the Secretary
2000-7027 To capitalize the Dam Repair or Removal Fund as established by section 2IIII of chapter 29 of the General Laws………………………………………$35,000,000
2000-7028 For the design, construction, reconstruction, rehabilitation, repair or removal of state-owned dams, municipally-owned dams, other publicly-owned dams, and other dams for which emergency action is required, and for inland-flood control projects on publicly-owned land, and any related facilities and equipment; subject to the requirement that the secretary of energy and environmental affairs shall give priority to dams and flood control projects, which pose the greatest risk to public health or safety, the environment, or is included in this item, subject to applicable law and regulation; and for a program of planning, permitting and construction of fish ways and other aquatic habitat improvements, including, the removal or breaching of selected dams and impoundments on publicly-owned land and waterways; provided, that $150,000 shall be expended for improvements and repairs to the Factory Pond Dam in the town of Hanover; provided further, that $100,000 shall be expended for improvements and repairs to the Studley Pond Dam in the town of Rockland; provided further, that $650,000 shall be expended for the study, design permitting and restoration of the Temple Street and Chandler Pond Dams and cranberry bog sluiceways and the removal of the Chandler Pond Dam in the towns of Duxbury and Marshfield; provided further, that $1,335,000 shall be expended to construct fish ladder, reservoir elevation and sewer installation in the town of Scituate; provided further, that $4,400,000 shall be expended for engineering and construction costs for the rehabilitation and improvements to the Whitney Pond Dam in the town of Winchendon; provided further, that $1,000,000 shall be expended for repairs and improvements to the Lake Maspenock Dam owned by the town of Hopkinton; provided further, that funds shall be expended for the complete removal of the Rattlesnake Brook Dam in the town of Freetown; provided further, that not less than $1,700,000 shall be expended for improvements to the Lower Van Horn Dam in the city of Springfield; provided further, that not less than $790,000 shall be expended for repairs to the Big Bearhole Pond Dam in the city of Taunton; provided further, that $7,200,000 shall be expended for the rehabilitation and improvements to the Mill Pond Dam in the town of Wareham; provided further, that $1,500,000 shall be expended for the cost of rehabilitating the Hoppin Hill Reservoir Dam in the town of North Attleboro; provided further, that $900,000 shall be expended to make repairs to the dikes and impoundments of the Manchester Reservoir in Attleboro; and provided further, that $1,000,000 shall be expended for repairs to the dam at Route 25, in the town of Wareham …………$38,000,000
2000-7031 To capitalize the Climate Change Adaptation Infrastructure Investment Fund
as established by section 2LLLL of chapter 29 of the General Laws………$10,000,000
2000-7032 To capitalize the Small Communities Water Infrastructure Grant Fund as established by section 2MMMM of chapter 29 of the General Laws……………………$25,000,000
2000-7035 To capitalize the Land Protection Capital Investment Trust Fund as established by section 35ZZ of chapter 10 of the General Laws…………………………..$20,000,000
2000-7054 For the parkland acquisition and renovation for communities (PARC) grant program, formerly the urban self-help program, to provide assistance to cities and towns in the acquisition of land, assessment and remediation of brownfield and greyfield sites and demolition on project sites and construction and restoration of gardens and farms for community agriculture, parks and recreation areas under Article 97 of the Amendments to the Constitution and any regulations adopted by the secretary of energy and environmental affairs; provided, that notwithstanding any general or special law to the contrary, the title to any land acquired with the funds authorized in this item which is no longer used as open space shall revert to the commonwealth to be managed as open space………………………………………$30,000,000
2000-7056 For the conservation partnership grant program to assist not-for-profit corporations and soil conservation districts defined in sections 19 through 24 of chapter 21 of the General Laws in acquiring interests in lands suitable for purposes of conservation or recreation; provided, that the corporation shall be formed for one of the purposes described in section 4 of chapter 180 of the General Laws and the corporation shall be considered an exempt organization within the meaning of section 501(c)(3) of the Internal Revenue Code; provided further, that grant funds shall be expended to reimburse an eligible corporation or soil conservation district for money expended by it in establishing a project approved by the secretary of energy and environmental affairs under this program in an amount that the secretary shall determine to be equitable in consideration of anticipated benefits from the project, but in no event shall the amount of the reimbursement exceed 50 per cent of the cost of the project; provided further, that no reimbursement shall be made under this item to a corporation or soil conservation district unless a project application is filed by the corporation with the secretary setting forth the plans and information that the secretary may require and approved by the secretary, nor until the corporation or soil conservation district shall have certified, in a manner approved by the secretary, its ability to provide an amount equal to the total cost of the project, nor until the project has been completed, to the satisfaction of the secretary, in accordance with the approved plans; provided further, that all projects shall include the grant by the corporation or soil conservation district of an appropriate perpetual conservation restriction, within the meaning of sections 31 and 32 of chapter 184 of the General Laws, to the city or town in which the project is located, to be managed by either its conservation or its recreation commission, or a federal or state agency, or a not-for-profit corporation, or combination of these entities; provided further, that all projects shall provide appropriate public access as determined by the secretary; and provided further, that the secretary may adopt rules and regulations to carry out this item….……………………………………………………..…$8,000,000
2000-7058 For the landscape partnership grant program to assist not-for-profit corporations and not-for- profit trust organizations, and cities and towns acting through their conservation commissions or water departments, in cooperation with the departments of conservation and recreation, fish and game and agricultural resources, to acquire interests in land across the commonwealth to permanently conserve and steward large, regionally appropriate, landscape-scale land conservation projects, and to assist cities and towns in local zoning and planning efforts; to further conservation and connectivity of working farms, forests and open space and prevent low-density sprawl development; to protect the water quality of aquifers, wells watersheds and other water bodies; and which promotes resilient ecosystems that are beneficial to communities, and valuable to wildlife habitat as defined by the Massachusetts Wildlife Action Plan and takes into account potential impacts associated with climate change; provided, that the not-for-profit corporation shall be formed for one of the purposes described in section 4 of chapter 180 of the General Laws and the corporation shall be considered an exempt organization within the meaning of section 501(c)(3) of the Internal Revenue Code; provided, that not-for-profit trust organizations shall be formed for the purpose of land conservancy or agriculture, and shall be considered an exempt organization within the meaning of section 501(c)(3) of the Internal Revenue Code; provided further, that the grants shall be expended in the completion of an approved project by an eligible corporation or trust organization, city or town in the approved acquisition of land and interests in land for permanent conservation purposes under Article 97 of the Amendments to the Constitution or sections 31 and 32 of Chapter 184 of the General Laws and for associated costs including planning, study, due diligence, title, environmental site assessment, appraisal services, interest on loans, provided the rate does not exceed the current average market rate, and site restoration and for stewardship including baseline documentation report creation and long-term stewardship monitoring agreements and for technical assistance in the development of city and town bylaws for natural resource protection zoning purposes and related city and town conservation purposes and for study, inventory and related work in preparation for and assessment of marketable ecosystem services provided by the project lands; provided further that grant funds shall be expended in the completion of an approved project by an eligible corporation or trust organization, city or town for a project previously approved by the secretary of energy and environmental affairs under this program in an amount that the secretary shall determine to be equitable in consideration of anticipated benefits from the cost of the project, but in no event shall the amount exceed 50 per cent of the total cost of the project as approved by the secretary; provided further, that all projects shall provide appropriate public access as determined by the secretary; provided further, that the secretary may adopt rules and regulations to carry out this item; provided further, that $1,200,000 shall be expended as a grant for the purchase of approximately 49 acres of land by the Harwich Conservation Trust in the town of Harwich; provided further, that $9,000,000 shall be expended as a grant to the town of Belmont for the purpose of placing the Silver Maple Forest, also known as the Belmont Uplands, into conservancy; provided further, that not less than $1.5 million shall be expended for the acquisition or conservation restriction of property in the town of Dennis, bounded by Chapin Beach Road and Chase Garden Creek; and provided further, that $800,000 shall be expended as a grant for the purchase by the Oyster Pond Environmental Trust of approximately 22 acres of land located in the Quissett area in the Oyster Pond Watershed in the town of Falmouth for the purpose to protect the environment and natural ecological systems of Oyster Pond………………………………………………$45,000,000
2000-7063 For the development of a statewide climate center by the secretary of energy and environmental affairs in conjunction with the president of the University of Massachusetts; provided, that not more than $5,000,000 shall be expended for the development of a Strategic Framework for Climate Resilience (“SFCR”) program by public and private institutions to study, develop and promote cross-sectoral resilience planning for the commonwealth as relating to climate change, including, but not limited to, the development of information products for municipalities and the private sector; a capacity needs assessment for effective involvement of municipalities in SFCR; approaches for incentivizing and monetizing climate change resilience; integration strategies for building resilience through support of new private sector efforts; a strategic program for climate resilience design in priority sectors and regions; sensitivity vulnerability and adaptation assessments of initial key sectors and municipalities; a cross-sectoral guideline and best practice manual to integrate climate change factors into organizational planning; and, a strategic-level set of consistent, reliable and justifiable scientific scenarios of key projected climate change impacts, and capacity-building within and across sectors…………………..………………………………………………….…..$20,000,000
2000-7066 For the local acquisition for natural diversity (LAND) grant program, formerly the self-help program, to provide assistance to cities and towns in the acquisition of conservation land under section 11 of chapter 132A of the General Laws, Article 97 of the Amendments to the Constitution and any regulations adopted by the secretary of energy and environmental affairs to effect this act or said section 11; provided, that notwithstanding any general or special law to the contrary, the title to any land acquired with funds authorized in this item which is no longer used under said said section 11 as open space shall revert to the commonwealth to be managed as open space………………………………………………………$8,000,000
2000-7070 For the development and support of a regional comprehensive climate change adaptation management plan grant program consisting of financial assistance to regional planning agencies to develop and implement comprehensive adaptation management plans at the regional level of government; and such plans shall include, but not be limited to, technical planning guidance for adaptive municipalities through a step-by-step process for regional climate vulnerability assessment and adaptation strategy development; development of definition of regional impacts by supporting municipalities conducting climate vulnerability assessments; and development of understanding regional characteristics, including regional environmental and socioeconomic characteristics; and such grants shall advance statewide, regional, and local efforts to adapt land-use, zoning, infrastructure, policies, and programs to reduce the vulnerability of the built and natural environment to changing environmental conditions as a result of climate change; provided, that the secretary of energy and environmental affairs may issue grants to regional planning agencies to implement said programs; and provided further, that funds may be expended from this item for the costs of services rendered by regional planning agency employees or by consultants…………………………….$10,000,000
Department of Agricultural Resources
2500-7011 For a program to acquire agricultural preservation restrictions on land (“APR”) under sections 23 to 26, inclusive, of chapter 20 of the General Laws; provided, that any person or entity that receives funds from this item shall be encouraged to participate in any programs of the department of agricultural resources that may be suggested by the commissioner of agricultural resources; and provided further, that funds may be used for the implementation of a stewardship program on APR lands to include, but not limited to, resource and land use monitoring, boundary delineation and monitoring, stewardship planning, ecological monitoring, and enforcement of agricultural preservation restrictions on existing and newly acquired APR properties, as well as the creation of new opportunities that seek to enhance the sustainability and viability of APR properties…………………………………….$10,000,000
2500-7024 For the agricultural environmental enhancement program on the abatement of all forms of pollution generated from agricultural activities originally funded under section 8 of chapter 258 of the acts of 1996; provided, that funds may be allocated by the commissioner of agricultural resources through competitive grants awarded to public and non-public entities to carry out the purposes of this item...............................................$2,000,000
MASSACHUSETTS DEPARTMENT OF EDUCATION
University of Massachusetts Amherst
7100-3000 For the design, rehabilitation or construction of a research and extension building of approximately 20,000 square feet, at the University of Massachusetts Center for Urban Sustainability in the city of Waltham for the purpose to conduct research and advance urban sustainable agriculture through public- private partnerships, to include, without limitation, urban agricultural issues related to food security, safety and access, environmental stewardship and workforce development; provided, that not less than $10,000,000 shall be expended for the creation and development of an Eastern Regional Center for Urban Sustainability at Bristol County Agricultural High School in the town of Dighton; and for technology and space upgrades at the Stockbridge School of Agriculture at the University of Massachusetts, Amherst in the town of Amherst; and for the coordination among agricultural schools and institutes of learning in the commonwealth to educate and promote sustainable agriculture and related agricultural issues……………………………………..………………………………….$30,000,000
7100-3001 For the design, construction, retrofitting and outfitting of enhanced laboratory space facilities at the UMASS Cranberry Research Station in East Wareham, to include associated equipment and support to improve research related to water quality and quantity, integrated pest management, pollinator health and minimization of nutrient and pesticide use, and issues related to the reduction of environmental impacts and the enhancement of the sustainability of cranberry production in the commonwealth…………………………………………$5,000,000
SECTION 2B.
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
Office of the Secretary
2000-7052 For the purpose of protecting the ecological integrity of the commonwealth's privately held and managed forestlands under the forest vision plan, including, but not limited to, acquisition of interests in land, research, planning, and monitoring; provided, that projects and funding shall be approved by the secretary of environmental affairs; and provided further, that projects may be carried out in cooperation with other governmental agencies, private land owners, and conservation organizations according to management agreements approved by the secretary......................................................................................................$5,000,000
2000-7061 For the purpose of a forestry and tree planting greening program for projects throughout the commonwealth on publicly-owned land, to include, without limitation, the evaluation and planning of forestry and tree greening projects, tree stock and planting, and the care and protection of trees and forests; provided, the secretary shall give priority to the planting of trees in areas devastated by catastrophic weather events or wide-spread insect infestation or in area locations of aquifers, recharge areas, wells, reservoirs and other water bodies that will improve water quality as part of a natural ecosystem; provided further, that the secretary shall issue grants to cities and towns to achieve the purposes of this item; and provided further, that $875,000 shall be expended for 2011 tornado related tree replanting in the city of Springfield………………………………………………………………….$20,000,000
2000-7057 For the acquisition, development, construction and improvement of parks in urban neighborhoods currently underserved with parks consistent with attainment of environmental equity, including planning related to these parks; completion of urban forestry and tree planting projects, assessment and remediation of brownfield and greyfield sites intended for reuse as parks, drafting of architectural renderings, construction documents, and other technical documents necessary for parks construction, acquisition of land or interests in land for the creation of parks under Article 97 of the Amendments to the Constitution, and for the construction, rehabilitation and improvement of parks. including, without limitation, all related facilities, landscaping, monuments and features, parking areas and roadways; and, for the development and implementation of plans to improve recycling, composting and energy efficiency in parks; and for the rehabilitation or establishment of parks on historic properties, landscapes and sites; provided, that the secretary of energy and environmental affairs may issue grants to public and non-public entities to implement these projects; provided further, that not more than $3,000,000 shall be expended for a study to assess the feasibility, economic benefits, traffic and community impacts, project costs, and to create design plans and construction documents, for the proposal to reopen and reestablish a section of the historic Blackstone Canal as a park in the city of Worcester, and to include related costs for engineering, and an assessment and plan to reconfigure the city’s sewer system affected by the project; provided further, that $155,000 shall be expended for the Acushnet Avenue and Brooklawn Park Flooding Relief Project to install drainage and make other improvements to reduce surface flooding in Brooklawn Park, Acushnet Avenue and the Wilks Branch Library area in the city of New Bedford; provided further, that $100,000 shall be expended for the design and construction of a veterans’ war memorial in Isaac Prouty Park in the town of Spencer; provided further, that no less than $800,000 shall be expended for the installation of traffic control signals and other related safety improvements, at the Parker Street vehicle entrance to Greenleaf Park in the city of Springfield; provided further, that $5,000,000 shall be expended for the purpose to make improvements to the Boyden Park/Conservation Land Acquisition parcel as identified in the 2002 Boyden Park/Conservation Land Master Plan in the city of Taunton; and, provided further, that $2,000,000 shall be expended for the redevelopment and modernization of Hopewell Park, Memorial Park,Weir Field, and Whittenton Field in city of Taunton, and subject to the provision, that no less than $250,000 shall be expended for such improvement projects at each listed park or field. ............................................................................................................$42,000,000
2000-7055 For integrated energy and environmental projects to provide for appropriate conservation, protection, restoration, management, and best use of air, energy, water and land resources; to support the study and development of district energy systems, including municipally supported plans for the appropriate siting of district energy, heating or cooling project, micro grids or combined heat and cooling systems; to provide for the propagation, protection, control and management of fish, other aquatic life, wildlife, and endangered species, to optimize and preserve environmental quality and public health, to encourage environmental equity; to provide for the assessment, prevention and abatement of water, land, air, noise, and other pollution or environmental degradation taking into account any relevant information from the BioMap2 mapping and the critical linkages project, to provide for assessment and mitigation and adaptation to climate change and regional flooding,to provide geographic information systems and data, including, but not limited to, conservation and development plans, provided through the office of geographic and environmental information, to collect, store and provide geographic, energy, and environmental and other information, to provide environmental, land use, water budgets and other trends and conditions, provided, that the secretary may allocate funds for the purposes of this item; and provided further, that grants may be awarded to public or non-public entities to carry out this item; and provided further, that not less than $750,000 shall be expended for a flood management study of the Assawompset Pond Complex that is part of the Taunton River Watershed, comprising of the towns of Freetown, Lakeville, Middleborough, Rochester and the cities of New Bedford and Taunton, including, but not limited to, an analysis of existing conditions and recommendations for flood management and mitigation, ecological sustainability and river flow improvements, and as relating to the water flows of the Nemasket River into the Taunton River and related water storage and flooding issues of Assawompsett Pond and Long Pond..............................................................................$15,000,000
2000-7057 For the improvement of recreational opportunities, protection of the ecological integrity and for limiting eutrophication in the commonwealth’s lakes and ponds including, but not limited to, restoration of water depths, enhancement of fisheries habitat, control of nutrients, control of aquatic vegetation and associated water quality problems; that funds may be expended from this item for the costs of planning, feasibility analysis, engineering, design, permitting, construction and construction inspection and performance of dredging projects, including material management; provided, however, that priority funding shall be available for the construction of designed and permitted dredge projects and for any dredging projects authorized specifically under this item; and provided further, that the secretary of energy and environmental affairs shall award grants to public and non-public entities including municipalities, non-profit organizations and lake and pond associations to carry out the purpose of this item; provided further, that $80,000 shall be expended for the purpose to improve, manage and protect the water quality in Thompson Pond in the town of Spencer; provided further, that $50,000 shall be expended for the purpose to improve, manage and protect the water quality in Small Pond, also known as Little Stiles Pond or Lower Stiles Pond, in the towns of Spencer and Leicester; provided further, that not less than $5,000,000 shall be expended for a dredging project and to improve, manage and protect the water quality, in Lake Wickaboag in the town of West Brookfield; provided further, that $748,000 shall be expended for the purpose to improve, manage and protect the water quality and the water level in Sassaquin Pond in the city of New Bedford, including tree plantings and other improvements near the pond to reduce pollution and erosion from storm water run-off; provided further, that $100,000 shall be expended for the purpose to protect and preserve the water quality in Hammond Pond in the city of Newton, to include, without limitation, the stabilization of pond banks by drainage modifications and improvements, vegetation enhancements, macrobphtic weed removal and enhancing existing gardens and natural buffers; provided further, that $1,100,000 shall be expended as a grant to the city of Pittsfield to improve drainage and redirect run-off to vernal pools and wetlands as part of the completion of the multi-purpose turf facility at Berkshire Community College’s Pittsfield campus; provided further, that $500,000 shall be expended to improve water quality at Buttonwood Park Pond in the city of New Bedford; and provided further, that $150,000 shall be expended for the purpose to improve, manage and protect the water quality in Crystal Lake in the city of Newton, to include, without limitation, the testing for water pollutants, and improvements to reduce pollution and erosion from water-run off near the pond ………………$26,000,000
2000-7051 For the development and support of local, regional, and state land use planning and management capabilities in support of smart growth efforts, including but not limited to convening the public to enhance awareness of and participation in planning, regulatory, and permitting decisions; research; land use data acquisition and analysis; site specific brownfields, feasibility, reuse and other assessments; plans for water, sewer, storm water, naturally occurring ecosystems, road, transit and other infrastructure investments; site specific land use plans including construction documents and architectural blueprints; the development of municipal open space and recreation plans, municipal master plans under section 81D of chapter 41 of the General Laws, regional policy plans under chapter 40B of the General Laws, and state plans for land conservation and development; subdivision, zoning, and other local, regional, or state land use bylaws, ordinances, policies, guidelines, and regulations; and for outreach, communications, education, and planning to advance environmental equity, smart growth, and the MA Sustainable Development Principles; provided, that the secretary of energy and environmental affairs may issue grants to organizations including but not limited to municipalities, regional planning agencies, non-profit organizations, and other public and non-public entities to implement said programs; and provided further, that funds may be expended from this item for the costs of services rendered by agency employees or by consultants……………………..$10,000,000
2000-7060 For the acquisition of land for the purposes of open space, recreation and conservation, to be protected under Article 97 of the Amendments to the Constitution, which lands are located, near or adjacent to the mean high water mark of coastal areas, on coastal barrier beaches or in coastal high risk flooding zones, which lands or structures thereon, suffer repeated damage by flooding or are otherwise impacted catastrophically by severe weather events, and additionally, pose a high risk to public health or safety, or to the environment; and, to purchase adjoining coastal parcels next to such acquired land which is necessary to protect the environment; provided, that funds from this item shall not be used to compensate land owners for lands taken by eminent domain……………………………………..$20,000,000
2000-7059 For a program to be administered by the secretary of energy and environmental affairs to provide grants to cities and towns for the planning, design, technical assistance, construction and improvement of aqueduct recreational trails on the Cochituate, Weston, Sudbury and Wachusett aqueducts of the Massachusetts Water Resources Authority (“MWRA”), and related road crossing locations on municipally-owned land right-of ways, to include, without limitation, trail crossing safety improvements, handicap access and directional signage; provided, that the Metropolitan Area Planning Council or Central Massachusetts Regional Planning Commission shall approve any such grant to a city or town that is within that planning agency’s respective jurisdiction, subject to the additional approval of the MWRA; provided further, that not more than $225,000 shall be expended for technical assistance grants as related to Cochituate, Weston and Sudbury aqueduct trails; and provided further, that not more than $75,000 shall be expended for technical assistance grants related to Wachusett aqueduct trails …………………………………………………………………….$2,000,000
2000-7064 For the development and support of local efforts to improve water quality on the metropolitan region’s public beaches owned by the commonwealth under the care, custody and control of the department of conservation and recreation, including, but not limited to, convening the public to enhance awareness of and participation in planning, regulatory, and permitting decisions; site specific research and analysis; feasibility and other assessments; plans for water, sewer, storm water, and other infrastructure investments; site specific plans, including, construction documents and architectural blueprints, the development of municipal storm water management plans, the design, construction, restoration, enhancement, reconstruction, rehabilitation or replacement of storm water and sewage system infrastructure; and for outreach, communications, education, and planning to improve water quality in communities that include Lynn, Swampscott, Nahant, Revere, Winthrop, East Boston, South Boston, Dorchester, Quincy and Hull. ……………………………………………………..$20,000,000
2000-7065 For the design, construction, restoration, enhancement, reconstruction, rehabilitation, replacement or removal of infrastructure on the metropolitan region’s public beaches owned by the commonwealth and under the care, custody and control of the department of conservation and recreation, including, but not limited to buildings, equipment, roads, trails and paths; provided, that costs payable from this item may include, but not be limited to, the costs of engineering, restoration, construction and other technical assistance services essential to these projects rendered by the department of conservation and recreation, maintenance employees or by consultants. Projects shall include those recommended by the Metropolitan Beaches Commission……………………………$40,000,000
Department of Environmental Protection
2200-7023 For 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 4 of chapter 21H of the General Laws; funds authorized in this item may also be used for capital expenditure associated with composting and recycling program consistent with the statewide Solid Waste Master Plan authorized by section 21 of chapter 16 of the General Laws; provided, that not less than $1,000,000 shall be expended as grants to towns with not more than 15,000 inhabitants, for recycling equipment including, sheds, dumpsters, storage containers and tank equipment and related signage, used in connection with the temporary storage and recycling of batteries, paint, oil, mercury fluorescent light bulbs, electronic products and other hazardous wastes, for local municipal recycling programs; and provided further, that not more than $100,000 shall be expended for an environmental assessment and study and the development of an environmental remediation plan for the town dump and Sears Farm sites in the town of Swansea.......................................................................................$10,000,000
2200-7025 For the assessment, containment, cleanup, control, removal of or response actions concerning oil or hazardous materials or for any other actions necessary to implement chapter 21E of the General Laws, or the regulations adopted under it, the Massachusetts contingency plan...................................................................................$3,000,000
Department of Fish and Game
2300-7020 For the acquisition of land and interests in land by the department of fish and game and for associated costs, including planning, study, due diligence, title and appraisal services, site restoration and stewardship for the purpose of protecting the native flora and fauna communities and for associated costs; provided, that the commissioner of fish and game may develop and utilize scientifically-based evaluation criteria to identify and select the most biologically significant areas throughout the commonwealth including, but not limited to, specific parcels, and that these lands may be purchased after being selected by this process and approved by the commissioner of fish and game; provided further, that funds may be expended on the development and implementation of a stewardship program on lands under the care and control of the department of fish and game and its divisions, either in fee simple or through conservation easement or conservation restrictions, including but not limited to resource and land use monitoring, baseline documentation report creation, signage, boundary marking and monitoring, stewardship planning, stewardship personnel, stewardship database development, ecological monitoring, and enforcement of conservation easements or conservation restrictions or detection and resolution of encroachments on land owned in fee simple, and repair of damage related to illegal off-road vehicle trespass; and provided further, that funds may be used for inventory, restoration and reclamation of recently acquired land, including demolition of structures, removal of debris, eradication of non-native species, and other services essential to these reclamation efforts; provided further, that the department of fish and game shall establish a program for the restoration and habitat protection of cranberry bogs and associated wetland systems, and for the acquisition in land or interests in land, by the department of fish and game of environmentally significant wetland habitats for the purpose of preservation of open space and to improve and protect natural water resources and quality that is essential to cranberry agriculture and plant habitat, and projects under said program may be carried out with other governmental agencies and entities, non-profit and conservation organizations, and public and private land owners. ………………………………………………………………..$20,000,000
2300-7023 For the purposes of conserving and recovering rare and endangered plant and animal species listed under chapter 131A of the General Laws and protecting other elements of the state’s threatened natural heritage, through conservation, preparation of endangered species recovery plans, implementation of recovery and rehabilitation projects, and the execution of habitat and ecological restoration and management, as identified by the division of fisheries and wildlife's natural heritage and endangered species program and BioMap2 mapping, and approved by the director of the division and the commissioner of the department; provided, that the associated costs may include, but shall not be limited to, species recovery, and rehabilitation projects, habitat restoration and management, monitoring services and equipment purchases; and provided further, that this work may be carried out in cooperation with local municipalities, private conservation organizations, private landowners, universities or governmental agencies ……….............................................................................................$2,000,000
2300-7024 For a program of upland habitat management of forestlands, shrub lands, and grasslands, to provide habitat for native wildlife species experiencing long-term population declines, to control invasive, exotic species that degrade natural habitats, and to maintain independent, third party certification of sustainable resource management on state wildlife lands through the forest stewardship council or the sustainable forestry initiative; provided, that activities shall include, but shall not be limited to, implementation of habitat management plans as established by the division of fisheries and wildlife and approved by the director of the division and the commissioner of the department; and to establish and support an integrated, early detection and rapid response system for invasive species and to complete a strategic management plan for invasive species to prevent, control, eradicate and restore natural management areas; and for a landowner incentive grant program to restore declining species and their habitats identified in the Comprehensive Wildlife Conservation Strategy on private lands that may include, but shall not be limited to, technical and financial assistance, implementation and monitoring as established by the division of fisheries and wildlife and approved by the director of the division and the commissioner of the department, and for associated costs; provided, that the associated costs may include, but shall not be limited to, restoration, management, monitoring services, and equipment purchases; provided further, that the projects may be carried out in cooperation with cities, towns, not-for-profit organizations, private landowners, conservation organizations, sportsmen’s clubs or governmental agencies; provided further, that grants may be awarded to public and non-public entities to carry out the purposes of this item; and provided further, that the department may award grants to public and non-public entities to carry out the purposes of this item ....................................................................................................................$1,000,000
2300-7025 For river and wetland restoration programs in the division of ecological restoration, riverways program and the commissioner’s office within the department of fish and game; provided, that funds authorized in this item may be utilized for river, wetland, and river corridor revitalization, ecological restoration and protection of aquatic ecosystems and functions statewide, including but not limited to dam and barrier removal, instream improvements, flow, water quality, riverine habitat, for protection of high quality riparian and wetland habitat, to assess and mitigate threats from climate change and from flooding, and improve recreational opportunities; provided further, that these costs may include, but shall not be limited to, equipment to implement these programs; and provided further, that the commissioner or his designee may enter into cooperative agreements with state and federal government agencies and municipalities, may contract for services as related to this item including, but not limited to, engineering and monitoring, and may award grants to public and non-public entities to foster and carry out the purposes of this item..............................................$20,000,000
2300-7026 For the planning, engineering, design, construction, construction inspection, acquisition, development, and reconstruction of existing and new coastal and inland access sites including, but not limited to, boat launching facilities, fisherman boat access facilities, car-top boat launching facilities, canoe and kayak access facilities, sport fishing piers and shore fishing areas including, but not limited to, ramps, docks, floats and appurtenant facilities throughout the commonwealth including, but not limited to, construction of signage and informational kiosks, and the implementation of coastal projects developed jointly with the Marine Recreational Fisheries Development Fund; provided, that not less than $350,000 shall be made available to the town of Dartmouth for the reconstruction and improvements to the Apponagansett Point Boat Ramp, also known as the Arthur F. Dias Landing in said town; provided further, that $4,100,000 shall be expended for the reconstruction of and improvements to Pope’s Island Marina in New Bedford Harbor; provided further, that $450,000 shall be expended to reconstruct the Weweantic River boat ramp and rebuild the boat ramp parking area in the town of Wareham; provided further, that $400,000 shall be expended to reconstruct the Sabbatia Lake boat ramp and rebuild the boat ramp parking area in the city of Taunton; provided further, that $75,000 shall be expended to repair the Tispaquin Pond boat ramp in the town of Middleboro; provided further, that not less than $100,000 shall be expended for handicap access improvements at the Dick and Paula Woodward Fisherman’s Access Area and public dock, at South Pond in the town of Brookfield; provided further, that $3,000,000 shall be expended as a grant to the city of New Bedford for the study, design and permitting of an extension to the North Terminal Bulkhead in New Bedford Harbor to support fishing, vessel dockage, cargo and offshore wind energy related deployments; and provided further, that $400,000 shall be expended to reconstruct the Nippenicket Lake boat ramp and rebuild the boat ramp parking area in the town of Bridgewater…………………………...$20,000,000
Department of Agricultural Resources
2500-7023 For the purpose of developing and implementing programs designed to address and to provide financial grants and assistance for agricultural economic and environmental sustainability, research, industry promotion, technology transfer, education and to facilitate improvements to agricultural infrastructure, energy conservation and efficiency, as well as renewable energy projects, including the development and implementation of farm viability plans and other technical and engineering assistance to enhance the economic and environmental viability of farms, to promote urban agriculture, to provide for shorter term land covenants, and for undertaking of markets for agricultural products to assist in agricultural business enhancement and transition, the creation of a program, including grants to public and non-public entities for the development and implementation of new procedures for energy conservation and efficiency, renewable and alternative energy sources to assist the commonwealth’s agricultural community to grow and develop; provided further, that there be established a program to assist in the preservation and rehabilitation of facilities and land resources of agricultural fairs in the commonwealth through preservation covenants, grants, demonstration projects and other means, under section 38C of chapter 128 of the General Laws; provided further, that funds authorized in this item may be allocated by the commissioner through competitive grants; provided further, that the commissioner may adopt regulations relative to these grants; provided further, that $8,000,000 shall be expended on programs for the purpose to promote urban agriculture, including, grants to municipalities and non-profit organizations to acquire land for urban agriculture, and for related infrastructure, equipments and technical assistance, subject to the requirement that such expenditures benefit recipient communities by promoting community, access to locally grown food, job creation, small business development, agricultural training and youth development; provided further, that not more than $35,000 shall be expended as a grant for increasing the head start capacity and greater separation of animals as part of the bio-security protocol of the Natural Resources Management Program at the Bristol County Agricultural High School in the town of Dighton; and provided further, that not less than $350,000 shall be expended for the purpose of the Massachusetts Farm Energy Program to implement programs to improve farm viability and reduce greenhouse gases by providing technical assistance, energy audits and financial grants related to energy efficiency conservation improvements and on-site production of renewable and alternate energy on farms................ $15,000,000
Department of Conservation and Recreation.
2840-7024 For the design, construction, reconstruction, removal, improvement or rehabilitation of department reservations, forests, parks, harbor islands, skating rinks, swimming pools, golf courses, tennis courts, basketball courts, playgrounds, other recreational facilities, beaches and related facilities, storage buildings, office buildings and other parks buildings and equipment and for the planning, design, construction, repair, reconstruction, rehabilitation, or improvement of department bike paths, greenways, recreational trails, and related facilities and equipment; provided, that $10,000,000 shall be expended for the planning, design, construction of recreation swimming related facilities and improvements, to include, without limitation, swimming platforms and related equipment at the Lower Basin of the Charles River in the city of Boston; provided further, that not less than $10,000,000 shall be expended for capital improvements to the Horseneck Beach State Reservation in the town of Westport, subject to the restriction that the department shall not relocate any of the existing 32 waterfront campsites at the Horseneck Beach campgrounds as a result of such improvements; provided further, that $2,000,000 shall be expended for the design and construction of a visitor center at Walden Pond State Reservation; provided further, that $1,000,000 shall be expended to restore the Recreation Road footbridge in Auburndale, connecting Newton to Weston across the Charles River; provided further, that not less than $500,000 shall be expended for the design and construction of a visitors and education center for the Freetown State Forest located in the town of Freetown; provided further, that $2,000,000 shall be provided to extend the existing Charles River Pathway pedestrian/bicycle trail to the Newton Lower Falls Rail Trail in the city of Newton; and provided further, that $1,250,000 shall be expended for the improvement, rehabilitation and water costs of the Blue Hills Ski Area in the town of Canton …………………………………………………..$53,000,000
2840-7026 For recreational trails matching grants to assist nonprofit organizations and cities and towns to construct, repair and protect recreational trails, including water trails, trails that access rivers, lakes and ponds, and trails for the use of recreational vehicles and snow vehicles, as described under section 20 of chapter 90B of the General Laws; provided,that grant funds shall be expended to reimburse a nonprofit organization, city or town in an amount that the commissioner of the department of conservation and recreation shall determine to be appropriate relative to the anticipated benefits of the project; provided further, that the non-profit organization, or city, or town shall contribute at least 20 percent of the project costs, which may include in-kind expenses; and provided further, the funds expended from this item for the cost of employees shall not exceed 5 percent of the funds expended from this item in a fiscal year ………………………………………………………………………...$5,000,000
SECTION 2C.
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
Department of Conservation and Recreation
2890-7020 For the design, construction, reconstruction, repair, improvement, or rehabilitation of department of conservation and recreation parkways, boulevards, multi-use trails, internal state park roads and recreational trails, pedestrian bridges and related appurtenances and equipment including, but not limited to, the costs of engineering and other services for those projects rendered by department of conservation and recreation employees or by consultants; provided, that funds may be expended for pedestrian and bicycle safety, traffic calming, landscape improvements, street lighting, and safety equipment; provided further, that all work funded by this item shall be carried out according to standards developed by the department of conservation and recreation pursuant to historic parkways preservation treatment guidelines to protect the scenic and historic integrity of the bridges and parkways under its control; provided, that $32,000,000 shall be expended to complete the planning, design and construction of Phase II of the Historic Parkways Initiative along the section of the Memorial Drive between the Longfellow Bridge and the Boston University Bridge, also known as the BU Bridge, in the city of Cambridge, to construct and make improvements to pedestrian pathways, bike and paths, and to make betterments to landscaping; and in accordance with the MassDOT’s Healthy Transportation Directive; provided further, that $250,000 shall be provided for the design and construction of a pedestrian, bicycle and multi-use pathway along the Charles River between Route 9 and Route 16 in the city of Newton and the improvement of such path to make it an official connector trail between Hemlock Gorge and the Leo J. Martin golf Course; and provided further, that not more than $2,000,000 shall be expended for the construction of a recreational trail around Watson Pond and for connecting access trails, in Watson Pond State Park in the city of Taunton................................$58,000,000
SECTION 2D.
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.
Division of Energy Resources
9300-7031 For the Leading by Example Program, to reduce greenhouse gas emissions and other environmental impacts at state agencies, authorities, and public colleges and universities; to stimulate increased public and private sector investment in clean energy and related enterprises, institutions, and projects in the commonwealth, including providing economic assistance for the development of these enterprises and non-financial assistance; provided, that costs payable from this item shall include, but not be limited to, the costs of engineering and other services essential to these projects rendered by department of environmental protection and maintenance employees or by consultants; provided further, that for projects which the secretary of administration and finance certifies to the comptroller directly or indirectly generate new state revenue or budgetary savings, the comptroller shall transfer those budgetary savings or revenue to the state treasurer for payment of debt service related to those projects; and provided further, that amounts expended for division employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of these projects.....................................................................$5,000,000
9300-7918 For the energy conservation improvement program under section 11 of chapter 25A of the General Laws; provided, that costs payable from this item shall include, but not be limited to, the costs of engineering and other services essential to these projects rendered by department of environmental protection and maintenance employees or by consultants; provided further, that funds in this item shall be allocated from time to time by the commissioner of energy resources for the purposes of the energy audit program, the energy conservation improvement program, and the alternative energy property program, and for other programs that increase energy efficiency and the deployment of renewable resources at public facilities; provided further, that when expending these funds, the commissioner shall take into consideration, among other relevant factors, the amount of available state and federal financial resources, the needs of each program with respect to public buildings and facilities, the volume of requests or expected requests from other entities for assistance under each program, the expected costs and public benefits of each program and, after information has become available from the energy audit program, the priorities and needs indicated by that information; provided further, that funds shall be expended on the buildings and facilities owned by public entities; provided further, that for projects which the secretary of administration and finance certifies to the comptroller directly or indirectly generate new state revenue or budgetary savings, the comptroller shall transfer those budgetary savings or revenue to the state treasurer for payment of debt service related to those projects; and provided further, that grants may be issued, including, but not limited to, municipalities, regional planning agencies, non-profit organizations and other public and non-public entities, for the purposes of this item; provided, that not more than $100,000 shall be expended for the development and installation of a solar energy farm at the Bristol County Agricultural School in the town of Dighton; and provided further, that not less than $2,000,000 shall be expended on energy efficiency and environmental improvements to Union Station in the city of Springfield.............................................................................. $10,000,000
SECTION 2E.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Division of Capital Asset Management and Maintenance
1102-2016 For the accelerated energy program to improve the energy efficiency of state-owned facilities and municipal owned facilities which includes costs associated with planning and studies, prepayment of lease for a term that exceeds the useful life of the facility, gifts, or other transfers, or by eminent domain under chapter 79 of the General Laws, for the preparation of plans and specifications, repairs, construction, renovations, improvements, asset management and demolition, disposition and remediation of state-owned and former county facilities and grounds and repair and maintenance of buildings and building systems and equipment at various facilities of the commonwealth; provided, that all maintenance and repair work of state-owned facilities, funded in this item shall be listed in the capital asset management information system administered by the division of capital asset management and maintenance; provided further, that, where appropriate, the commissioner of capital asset management and maintenance may transfer funds in accordance with the delegation of project control and supervision process under section 40B of chapter 7 of the General Laws; provided further, that for projects which the secretary of administration and finance certifies to the comptroller directly or indirectly generate new state revenue or budgetary savings, the comptroller shall transfer those budgetary savings or revenue to the state treasurer for payment of debt service related to those projects; provided further, that costs payable from this item shall include, but not be limited to, the costs of engineering and other services essential to these projects rendered by division of capital asset management and maintenance employees or by consultants; and provided further, that amounts expended for division employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of these projects……………………………………………………………………$250,000,000
SECTION 2F.
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
Office of the Secretary
2000-7026 For the design, construction, reconstruction, rehabilitation improvement or removal of coastal infrastructure, including but not limited to seawalls, jetties, revetments, retaining walls, natural occurring ecosystems and other infrastructure designed to reduce damage from flooding or waves of coastal areas; provided, that costs payable from this item may include, but not be limited to, the costs of engineering and other technical assistance services essential to these projects rendered by the office of coastal zone management within the executive office of energy and environmental affairs, the office of waterways within the department of conservation and recreation and the department of fish and game and its divisions, and maintenance employees or by consultants; provided further, that loans may be made to local government units to carry out this item; provided further, that grants may be awarded to public entities to carry out this item; and provided further, that before expending funds for a project under this item, an evaluation shall consider whether the project: (i) has a moderate or high protection level in accordance with The Massachusetts Coastal Infrastructure Inventory and Assessment Project, (ii) is in a declining condition from any maintenance and engineering reports, (iii) improves the resilience to the impact of climate change, (iv) expands the benefits of naturally occurring ecosystems, and (iv) protects public safety and health, including, without limitation, wells and public water supplies, hazardous waste sites, sewerage treatment plants and the use of hospitals and essential public safety facilities; and provided further, that $7,200,000 shall be expended for the reconstruction of the state-owned, Point Allerton Avenue seawall in the town of Hull………………………………………………………$120,000,000
SECTION 3. To meet the expenditures necessary in carrying out section 2, 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 $350,625,000. All bonds issued by the commonwealth under this section shall be designated on their face, Preservation and Improvement of Environmental Assets Loan Act of 2013, and shall be issued for a maximum terms of years, not exceeding 30 years, that the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. All these bonds shall be payable not later than June 30, 2048. All interest and payments on account of principal of these obligations shall be payable from the General Fund unless otherwise specified. Bonds and interest on bonds issued under this section, notwithstanding any other provision of this act, shall be general obligations of the commonwealth.
SECTION 4. To meet the expenditures necessary in carrying out section 2A, 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 $513,000,000. All bonds issued by the commonwealth under this section shall be designated on their face, Preservation and Improvement of Environmental Assets Loan Act of 2013, and shall be issued for a maximum terms of years, not exceeding 30 years, that the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. All these bonds shall be payable not later than June 30, 2048. All interest and payments on account of principal of these obligations shall be payable from the General Fund unless otherwise specified. Bonds and interest on bonds issued under the authority of this section, notwithstanding any other provision of this act, shall be general obligations of the commonwealth.
SECTION 5. To meet the expenditures necessary in carrying out section 2B, 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 $349,000,000. All bonds issued by the commonwealth under this section shall be designated on their face, Preservation and Improvement of Environmental Assets Loan Act of 2013, and shall be issued for a maximum terms of years, not exceeding 30 years, that the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. All these bonds shall be payable not later than June 30, 2048. All interest and payments on account of principal of these obligations shall be payable from the General Fund unless otherwise specified. Bonds and interest on bonds issued under this section, notwithstanding any other provision of this act, shall be general obligations of the commonwealth.
SECTION 6. To meet the expenditures necessary in carrying out section 2C, 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 $58,000,000. All bonds issued by the commonwealth under this section shall be designated on their face, Environmental Transportation Assets Loan Act of 2013 and shall be issued for a maximum term of years, not to exceed 30 years, which the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. All these bonds shall be payable not later than June 30, 2048. All interest and payments on account of principal of these obligations shall be payable from the General Fund unless otherwise specified. Bonds and interest on bonds issued under this section, notwithstanding any other provision of this act, shall be general obligations of the commonwealth.
SECTION 7. To meet the expenditures necessary in carrying out section 2D, 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 $15,000,000. All bonds issued by the commonwealth under this section shall be designated on their face, Preservation and Improvement of Environmental Assets Loan Act of 2013, and shall be issued for a maximum terms of years, not exceeding 30 years, that the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. All these bonds shall be payable not later than June 30, 2048. All interest and payments on account of principal of these obligations shall be payable from the General Fund unless otherwise specified. Bonds and interest on bonds issued under this section, notwithstanding any other provision of this act, shall be general obligations of the commonwealth.
SECTION 8. To meet the expenditures necessary in carrying out section 2E, 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, $250,000,000. All such bonds issued by the commonwealth shall be designated on their face, Accelerated Energy Program Improvement Act of 2013, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2048. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest on bonds issued under this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.
SECTION 9. To meet the expenditures necessary in carrying out section 2F, 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, $120,000,000. All such bonds issued by the commonwealth shall be designated on their face, Accelerated Energy Program Improvement Act of 2013, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2048. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provisions, be general obligations of the commonwealth.
SECTION 10. The secretary of administration and finance shall submit a report on the progress of any projects funded through the authorizations in this act to the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means, and the senate and house chairs of the joint committee on bonding, capital expenditures and state assets. The report shall include, but not be limited to, the previous year planned spending, previous year spending, current year planned spending, current year spending to date, original estimated total project cost, project description, location of the project, type of spending, type of asset and useful life of the project once completed. The report shall be submitted on June 30 and December 31 of each year for a period of 8 years after the effective date of this act.
SECTION 11. To provide for the continued availability of certain bond-funded spending authorizations which otherwise would expire, the balances of the following appropriation items and any allocations thereof are hereby extended through June 30, 2017, for the purposes of and subject to the conditions stated for these items in the original authorizations and any amendments to such authorizations: 1100-2500, 1102-6000, 1102-7000, 2000-2011, 2000-2012, 2000-2017, 2000-2019, 2000-2035, 2000-7013, 2000-7014, 2000-7015, 2000-7016, 2000-7018, 2000-7022, 2000-7023, 2000-7024, 2000-7025, 2200-2011, 2200-2015, 2200-2017, 2200-7011, 2200-7012, 2200-7013, 2200-7015, 2200-7017, 2200-7018, 2200-8969, 2240-8820, 2250-8820, 2300-2014, 2300-2016, 2300-2017, 2300-7011, 2300-7013, 2300-7014, 2300-7015, 2300-7016, 2300-7018, 2500-7012, 2500-7013, 2500-7014, 2800-7011, 2800-7012, 2800-7013, 2800-7015, 2800-7016, 2800-7017, 2800-7018, 2800-7019, 2800-7022, 2800-7097, 2800-7098, 2820-1420, 2820-2011, 2820-2012, 2840-2023, 2840-7014, 2840-7017, 2890-7010, 2890-7011, 6121-0800, 6121-0816, 6121-0817, 6121-0847, 8000-9012, 9300-7010, 9300-7909.
SECTION 12. Each agency acquiring land or an interest in land under section 2, 2A, 2B, 2C, 2D and 2G may expend an amount not to exceed 5 per cent of the amount appropriated to that agency in section 2, 2A, 2B, 2C, 2D and 2G for the purpose of reimbursing nonprofit land conservation organizations or land trusts for 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 the agency. The secretary of energy and environmental affairs shall determine by regulation what shall constitute reasonable expenses. If the commonwealth does not take title to the property through no fault of the nonprofit organization or the commonwealth, the commonwealth may reimburse the nonprofit organization for reasonable expenses associated with due diligence. An organization receiving a reimbursement under this section shall convey the land or interest in land to the agency for an amount not to exceed the actual purchase price paid by the organization for the land or interest in land in addition to any reimbursement received under this section.
SECTION 13. No amounts authorized in section 2, 2A, 2B, 2C, 2D and 2G shall be used by a recipient municipality for the supplementing or supplanting of normal operating expenses of any function of the municipality.
SECTION 14. Notwithstanding any general or special law to the contrary, funds may be expended for services rendered by agency employees or by consultants necessary to support projects authorized in section 2, 2A, 2B, 2C, 2D and 2G.
SECTION 15. Notwithstanding any general or special law to the contrary, upon acquiring any fee interest in land for purposes within Article XCVII of the Amendments to the Constitution, all state agencies, commissions and boards expending or receiving state funds under this act shall obtain the approval of the secretary of energy and environmental affairs before implementing or endorsing any prohibition of fishing, hunting or trapping on that land and shall provide the secretary with written justification of the prohibition.
SECTION 16. Notwithstanding section 30 of chapter 29 of the General Laws or section 65 of chapter 30 of the General Laws, a portion of the funds authorized in section 2, 2A, 2B, 2C, 2D and 2G may be used for the costs associated with the purchase of title insurance and services for title examinations, reports and certifications.
SECTION 17. All expenditures from items in section 2, 2A, 2B, 2C, 2D and 2G authorized as grants to non-public entities shall be expended for public purposes and shall comply with Article 103 of the Amendments to the Constitution and 815 CMR 2.00.
SECTION 18. Item 2000-7013 of section 2A of said chapter 312 of the acts of 2008 is hereby amended by inserting after the words “section 11; provided” the following words:-
that any land protected with funds authorized in this item be open to the general public for appropriate passive recreation; provided further,
SECTION 19. Item 2000-7014 of said section 2A of said chapter 312 is hereby amended by striking out the word “park” , in the first place it occurs, and inserting in place thereof the following word:- parkland
SECTION 20. Item 2000-7016 of said section 2A of said chapter 312 is hereby amended by striking out the words “For the conservation partnership grant program to assist not-for-profit corporations in acquiring interests in lands suitable for purposes of conservation or recreation; provided, that the corporation shall be formed for one of the purposes described in section 4 of chapter 180 of the General Laws and the corporation shall be considered an exempt organization within the meaning of section 501(c)(3) of the Internal Revenue Code; provided further, that grant funds shall be expended to reimburse an eligible corporation for money expended by it in establishing a project approved by the secretary of energy and environmental affairs under this program in an amount that the secretary shall determine to be equitable in consideration of anticipated benefits from the project, but in no event shall the amount of the reimbursement exceed 50 per cent of the cost of the project; provided further, that no reimbursement shall be made under this item to a corporation unless a project application is filed by the corporation with the secretary setting forth the plans and information that the secretary may require and approved by the secretary, nor until the corporation shall have certified, in a manner approved by the secretary, its ability to provide an amount equal to the total cost of the project, nor until the project has been completed, to the satisfaction of the secretary, in accordance with the approved plans; provided further, that all projects shall include the grant by the corporation of an appropriate perpetual conservation restriction, within the meaning of sections 31 and 32 of chapter 184 of the General Laws, to the city or town in which the project is located, to be managed by either its conservation or its recreation commission, or a state agency, or both;” and inserting in place thereof the following words:-
For the conservation partnership grant program to assist not-for-profit corporations and soil conservation districts defined in sections 19 through 24 of chapter 21 of the General Laws in acquiring interests in lands suitable for purposes of conservation or recreation; provided, that the corporation shall be formed for one of the purposes described in section 4 of chapter 180 of the General Laws and the corporation shall be considered an exempt organization within the meaning of section 501(c)(3) of the Internal Revenue Code; provided further, that grant funds shall be expended to reimburse an eligible corporation or soil conservation district for money expended by it in establishing a project approved by the secretary of energy and environmental affairs under this program in an amount that the secretary shall determine to be equitable in consideration of anticipated benefits from the project, but in no event shall the amount of the reimbursement exceed 50 per cent of the cost of the project; provided further, that no reimbursement shall be made under this item to a corporation or soil conservation district unless a project application is filed by the corporation with the secretary setting forth the plans and information that the secretary may require and approved by the secretary, nor until the corporation or soil conservation district shall have certified, in a manner approved by the secretary, its ability to provide an amount equal to the total cost of the project, nor until the project has been completed, to the satisfaction of the secretary, in accordance with the approved plans; provided further, that all projects shall include the grant by the corporation or soil conservation district of an appropriate perpetual conservation restriction, within the meaning of sections 31 and 32 of chapter 184 of the General Laws, to the city or town in which the project is located, to be managed by either its conservation or its recreation commission, or a federal or state agency, or combination thereof;
SECTION 21. Item 2200-7011 of said section 2A of said chapter 312 is hereby amended by striking out the words “For the purposes of water quality monitoring, assessment and protection as required to meet the legislative and regulatory requirements of the Rivers Protection Act, the federal and state Clean Water Acts and the Massachusetts Wetlands Protection Act and to provide for integrated energy and environmental projects to optimize and preserve environmental quality and public health and provide for appropriate protection, restoration, management, and best use of air, energy, water and land resources; provided, that this funding, may include, but not be limited to, studies of water quality, the development of wetlands conservancy and tidelands Geographic Information System (GIS) maps, the implementation of water quality monitoring devices, the collection and analysis of water quality samples, the development of water quality analyses known as Total Maximum Daily Loads (TMDL’s), and projects related to non-point and point sources of water pollution, and the wetlands circuit rider program; otherwise referred to as Area 10 in the town's CWRMP ” and inserting in place thereof the following words:-
For investment in water and air quality protection as required to meet the legislative and regulatory requirements of the Rivers Protection Act, the federal and state Clean Water Acts and the Massachusetts Wetlands Protection Act and to provide for integrated energy and environmental projects to optimize and preserve environmental quality and public health and provide for appropriate protection, restoration, management, and best use of air, energy, water and land resources, assets and infrastructure; provided, that this funding, may include, but not be limited to, research and the collection of data to support investment in environmental assets, such research and studies to include but not be limited to studies of water quality, the development of wetlands conservancy and tidelands Geographic Information System (GIS) maps, the implementation of water quality monitoring initiatives, the collection and analysis of water quality samples, and the development of water quality analyses known as Total Maximum Daily Loads (TMDL’s); projects related to non-point and point sources of water pollution; and, the wetlands circuit rider program; provided further, that funds may be expended for local grants and research for implementation of the commonwealth’s Sustainable Water Management Initiative, such grants and research to provide the data necessary for municipalities to invest in efficient and effective mitigation practices to restore and preserve the commonwealth’s water resources, assets and infrastructure; provided further, that funds authorized in this item may be used for the purposes of the department’s statewide air monitoring network which may include, but not limited to, photochemical assessment monitoring stations, small particulate monitoring and air toxins monitoring; and provided further, that funds authorized in this line may include the upgrade of equipment to comply with federal requirements.
SECTION 22. Item 2200-7017 of said section 2A of said chapter 312 is hereby amended by striking out the words “department of environmental protection to be of potential use for water supply purposes; provided, that any grants approved by the department” and inserting in place thereof the following words:-
executive office of energy and environmental affairs to be of potential use for water supply purposes; provided, that any land protected with funds authorized in this item be made open to the general public for passive public recreation where appropriate; and provided further, that any grants approved.
SECTION 23. Item 2300-7010 of said section 2A of said Chapter 312 is hereby amended by striking out the words “fisheries and wildlife” and inserting in place thereof the following words:- fish and game.
SECTION 24. Said item 2300-7010 of said section 2A of said chapter 312 is hereby further amended by inserting after the word “conservation easement” the following words:- or conservation restrictions.
SECTION 25. Said item 2300-7010 of said section 2A of said chapter 312 is hereby further amended by inserting after the words “of conservation restrictions” the following words:- or conservation easements.
SECTION 26. Item 2300-7011 of said section 2A of said chapter 312 is hereby amended by inserting after the words “education centers,” the following words:- dams.
SECTION 27. Item 2300-7013 of said section 2A of said chapter 312 is hereby amended by inserting after the words “implementation of recovery” the following words:- and rehabilitation.
SECTION 28. Said item 2300-7013 of said section 2A of said chapter 312 is hereby amended by inserting after the words “species recovery” the following words:- and rehabilitation projects.
SECTION 29. Item 2300-7014 of said section 2A of said chapter 312 is hereby amended by striking out the words “the commissioner shall identify at all scales the natural and cultural resources at risk from invasive species and conduct baseline assessments of invasive species at those sites and to educate the public to help prevent and control invasive species”.
SECTION 30. Item 2300-7017 of section 2A of said chapter 312 is amended by inserting after the words “and management studies;” the following words:-
provided further, that funds may be expended from this item for a cooperative research program between the department of fish and game and the division of fisheries and wildlife, University of Massachusetts cooperative research unit, and United States Geological Survey to study the status of the aquatic biological diversity in the flowing and impounded water of the commonwealth and the impacts of anthropogenic factors on aquatic resources and develop and implement capital mitigation projects for impacts to aquatic species and other factors; provided further, that research shall include, but not be limited to, the impacts of water withdrawal, impervious cover, and water impoundments;
SECTION 31. Item 2500-7013 of said section 2A of said chapter 312 is hereby amended by inserting after the words “of farms” the following words:- to promote urban agriculture.
SECTION 32. Chapter 10 of the General Laws is hereby amended by inserting after section 35YY, the following section:-
Section 35ZZ. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Land Protection Capital Investment Trust Fund to be used for the permanent care, monitoring and enforcement of conservation restrictions, agricultural preservation restrictions and watershed preservation restrictions as defined in section 31 of chapter 184, and for which the commonwealth has provided public funding for land protection and are permanently held by the executive office of energy and environmental affairs and its divisions and agencies, and conservation commissions established by section 8C of chapter 40, and not-for-profit organizations organized for the purposes of land conservation and authorized to do business in the commonwealth and considered an exempt organization within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 as amended and deemed in need of assistance by the secretary of the executive office of energy and environmental affairs. There shall be credited to the fund any appropriations, grants, gifts, bond proceeds or other monies authorized by the general court. Deposits to the fund and any income derived from the investment of amounts credited to the fund shall be expended to fund the permanent care, monitoring and enforcement of conservation restrictions, agricultural preservation restrictions and watershed preservation restrictions currently held or acquired by the executive office of energy and environmental affairs and its divisions and agencies, conservation commissions established by section 8C of chapter 40 and not-for-profit corporations as described above. Monies shall also be expended to support state agency staff and conservation commissions for these purposes, and to issue grants and contracts to vendors, nonprofit organizations and municipalities to perform these duties and purposes.
(b) The secretary of energy and environmental affairs, as trustee, shall administer the Land Protection Capital Investment Trust Fund. All amounts credited to the fund may be expended, without further appropriation. The secretary shall report annually, not later than January 15, to the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture relative to the source and amount of funds deposited into the fund, the amount distributed to each agency and the purpose and recipient of expenditures from the fund.
(c) Monies deposited into the fund that are unexpended at the end of the fiscal year shall not revert to the general fund and shall be available for expenditure in subsequent fiscal years.
SECTION 33. Chapter 21 of the General Laws, is hereby amended by inserting after section 33A, the following section:-
Section 33A½. Notwithstanding the provisions of section 33, if a town having a population of not greater than 20,000 inhabitants according to the latest federal census, has received a grant from the division equal to 60 per cent of the cost of construction, the division shall make an additional grant to said town to ensure a total of 90 per cent federal and state funding on the eligible portions of the project or projects of said town.
SECTION 34. Subsection (a) of section 23 of chapter 20 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the end of the first paragraph, the following sentence:-
Notwithstanding the provisions of this section, or any general or special law to the contrary, such payment to be made to an agricultural land owner, for the purpose of acquiring an agricultural preservation restriction pursuant to this section, may upon the election of the land owner, be divided and remitted in partial payments of approximate equal amount until the total amount owed is paid; provided however, such election shall be limited to the receipt of partial payments on a yearly basis for a period not to exceed 5 years from the date of the conveyance of the agricultural restriction.
SECTION 35. Section 1 of chapter 23J of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the definition of “Trust fund”, the following two definitions:-
“Water Technology Innovation”, advanced and applied technologies that may require less energy to operate and improve the management, treatment, distribution and efficient use of water resources including, but not limited to, drinking water, wastewater, stormwater, surface water, groundwater and salt water across a portfolio of uses, but not limited to, municipal, industrial, commercial, domestic and agricultural.
“Water trust fund”, The Massachusetts Water Technology Innovation Trust Fund established pursuant to section 9A.
SECTION 36. Subsection (a) of section 2 of said chapter 23J, as so appearing, is hereby amended by inserting after the third paragraph, the following paragraph:-
The center shall further promote the public interests by promoting water technology innovation and industry development in accordance with section 9A.
SECTION 37. Subsection (e) of said section 2 of said chapter 23J, as so appearing, is hereby amended inserting after the second paragraph, the following paragraph:-
The board shall appoint and employ a director for the water trust fund, and shall fix his compensation and conditions of employment. The director of the water trust fund shall report to the executive director. The director of the water trust fund shall have a full range of previous experience in the water technology industry.
SECTION 38. Subparagraph (30) of subsection (a) of section 3 of said chapter 23J, as so appearing, is hereby amended, by striking out, in line 170, the word “and,”.
SECTION 39. Said subsection (a) of said section 3 of said chapter 23J, as so appearing, is hereby amended by inserting after subparagraph (31), the following two subparagraphs:
(32) to borrow and repay money by issuing bonds or notes, to apply the proceeds of such bonds or notes to the furtherance of the center’s purpose under this chapter and to pledge or assign or create security interests in any revenues, receipts or other assets or funds of the center to secure bonds or notes, including without limitation amounts received or held in the Massachusetts Renewable Energy Trust Fund established pursuant to section 9; provided, that bonds and notes issued under this provision shall not be deemed to constitute a debt of the commonwealth or any such political subdivision and that such bonds and notes shall be payable solely from the amounts received or held in such Massachusetts Renewable Energy Trust Fund; provided further, that the proceeds of the bonds or notes issued by the center under the authority granted by this section shall not be used to pay the operating expenses of the center or given in aid of any individual, or of any private association, or of any corporation which is privately owned and managed; however, in no event shall any of the foregoing be interpreted to prevent the center from investing in the shares or notes with the expectation of financial return to the center of any entity that furthers the purpose of the center, provided that at no time may the center invest more than ten per cent of the aggregate proceeds of its outstanding bonds and notes in any one entity or in any group of entities under common control.
(33) to administer the water trust fund in accordance with Section 9A.
SECTION 40. Section 9 of said chapter 23J, as so appearing, is hereby amended by inserting after subsection (g) the following subsection:-
(h) The center is hereby authorized at any time and from time to time to issue its debt obligations in one or more series and in such principal amounts as in the opinion of the center shall be necessary for achieving its corporate purposes. The bonds or notes issued pursuant to the security provided by this provision shall not be deemed to constitute a debt of the commonwealth or any political subdivision thereof or a pledge of the credit of the commonwealth or any such political subdivision and that such bonds and notes shall be payable solely from the amounts received or held in the Massachusetts Renewable Energy Trust Fund.
The power to determine any of the details of the debt obligations of the center, including but not limited to their date of issue, their maturity, their interest rate or rates, the date or dates of payment of interest, their denominations, their form, their execution, their terms of redemption, and the power to award such debt obligations to a purchaser or purchasers may be delegated by the board to any member thereof or to any agent of the center.
In the discretion of the center, debt obligations issued under the provisions of this section may be secured by one or more trust agreements. Any such trust agreement may pledge, grant a security interest in or otherwise assign as security for debt obligations which secures it all or any part of the revenues, funds or assets of the center; provided, that bonds and notes issued under this provision shall be payable solely from the amounts received or held in the Massachusetts Renewable Energy Trust Fund. The Center may create and establish one or more reserve funds to be known as debt service reserve funds and may pay into such reserve funds (i) any money appropriated or made available by the commonwealth for such funds; (ii) any proceeds of sale of debt obligations to the extent provided in the resolution of the center authorizing the issuance thereof or a trust agreement securing the same; and (iii) any other money which may be available to the center for such purposes. The money held in or credited to any debt service reserve fund established under this act shall be used solely for the payment of the principal of debt obligations of the center secured by such reserve fund as the same mature, the purchase of such debt obligations of the center, the payment of interest on such debt obligations of the center or the payment of any redemption premiums required to be paid when such debt obligations are redeemed prior to maturity; but money in any such fund shall not be withdrawn therefrom at any time in such amounts as would reduce the amount of such fund to less than the minimum fund balance with respect thereto as designated in a resolution adopted by the board or as set forth in a trust agreement which secures such debt obligations, with any such designation to be subject to amendment only as to the extent provided in such resolution or instrument.
In order to further assure the maintenance of such debt service reserve funds, the center shall annually, on or before December first, certify to the secretary of administration and finance the amount, if any, necessary to restore any such reserve fund to an amount equal to such minimum fund balance and said secretary shall request the general court to continue to make available to the center the amounts collected pursuant to section 20 of chapter 25 in order to ensure that the minimum fund balance is maintained. It is the intention of the general court in enacting this chapter that the amounts collected pursuant to section 20 of chapter 25, and only those amounts, continue to be made available to the center in order to ensure that the minimum fund balance of any such debt service reserve fund is maintained, but the general court shall be under no legal obligation to make such amounts available. It is not the intention of the general court in enacting this chapter that it should be under any legal or moral obligation to make any appropriation or provision to the center of any additional funds beyond those collected pursuant to section 20 of chapter 25 in order to ensure the maintenance of the minimum fund balance of any such debt service reserve fund established by the center and any debt obligation issued by the center shall contain on its face a statement to the effect that neither the faith and credit, nor the general taxing power of the commonwealth or any of its political subdivisions, nor the moral obligation to make available to the center any funds beyond those collected pursuant to section 20 of chapter 25 is pledged to the payment of the principal of or premium, if any, or interest on such debt obligation.
All bond or notes of the center executed under this chapter shall have all of the qualities and incidents of negotiable instruments under the Uniform Commercial Code. Debt obligations issued by the center under the provisions of this chapter are hereby made securities in which all public officers and public bodies of the commonwealth and its political subdivisions, all insurance companies, trust companies, savings banks, co-operative banks, banking associations, investments companies, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds may properly and legally invest, including capital in their control or belonging to them. Such debt obligations are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the Commonwealth and for any purpose for which the deposit of bonds or other obligations of the commonwealth now or may hereafter be authorized by law. Such bonds or notes issued by the center and their transfer and their interest or income, including any profit on the sale thereof, shall at all times be exempt from taxation by the commonwealth.
SECTION 41. Said chapter 23J of the General Laws, is hereby amended by inserting after section 9, the following section:-
Section 9A. (a) There is hereby established and placed within the center a separate fund to be known as the Massachusetts Water Technology Innovation Trust Fund. The center shall hold the water trust fund in an account or accounts separate from other funds. The fund shall be credited any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto, and any income derived from the investment of amounts credited to the water trust fund. All amounts credited to the water trust fund shall be held in trust and used solely for activities and expenditures consistent with the public purpose of the water trust fund as set forth in subsection (b), including the ordinary and necessary expenses of administration and operation associated with the water trust fund. Unless otherwise specified, all monies of the center, from whatever source derived, shall be paid to the treasurer of the center. Such monies shall be deposited, in the first instance, by the treasurer in national banks, in trust companies, savings banks and cooperative banks chartered under the laws of the commonwealth, or in other banking companies in compliance with section 34 of chapter 29. Funds in these accounts shall be paid out on the warrant or other order of the treasurer of the center and the director of the water trust fund or other person that the board may authorize to execute warrants.
(b) The center may make expenditures from the water trust fund for the public purpose of supporting a water industry cluster in Massachusetts and promoting the development of jobs in the water technology industry. Such expenditures may include, but shall not be limited to the following: (i) supporting the development of pilot and demonstration projects and other activities designed to advance the commercialization of promising water technologies in the commonwealth, (ii) supporting the creation and operation of testing and piloting facilities for the advancement of water technology, (iii) the provision of financial support for the development and application of water-related technologies at all levels including, but not limited to, basic and applied research and commercialization activities; and (iv) creation of funding programs including water technology challenges, international partnerships, relevant conference programs and other means of encouraging water technology innovation in the commonwealth.
(c) Public interests to be advanced through the center’s actions shall include, but shall not be limited to, the following: (i) the development and increased use and affordability of water technology innovation in the commonwealth and the New England region; (ii) the creation of additional employment opportunities in the commonwealth through the development of water technologies; (iii) the stimulation of increased public and private sector investment in, and competitive advantage for, water innovation technology and related enterprises, institutions and projects in the commonwealth and the New England region; and (iv) the stimulation of entrepreneurial activities in these and related enterprises, institutions and projects.
(d) In furtherance of any strategic and operational plans, and other public purposes and interests, and consistent with all of the powers otherwise granted to the center under section 3 of this chapter, the center may expend monies from the water trust fund to: make grants, contracts, loans, equity investments; provide financial or debt service obligation assistance; or take any other action, in such forms, under such terms and conditions and under such selection procedures as the center deems appropriate and otherwise in a manner consistent with good business practices; provided, however, that the center shall generally employ a preference for competitive procurements; provided further, that the center shall endeavor to leverage the full range of the resources, expertise and participation of other state and federal agencies and instrumentalities, as well as private industry, in the design and implementation of programs conducted pursuant to this section; and provided further, that the board determines and incorporates into the minutes of its proceedings a finding that such actions are calculated to advance the public purpose and public interests set forth in this section. The center may also expend monies from the water trust fund to employ the director of the water trust fund and to compensate the center for the reasonable costs of operation of the water trust fund.
(e) The board shall establish a water technology innovation advisory board to be appointed by the secretary of energy and environmental affairs. The advisory board shall consist of the executive director of the Center or her designee, the commissioner of the department of environmental protection or his designee, 2 members from the water technology innovation industry, 1 member who shall be a representative of a public water utility in the commonwealth and 1 member who shall be a representative of an institution of higher education in the commonwealth with knowledge and expertise in the field of water innovation. The advisory board shall meet periodically at such times and in such places as determined by its members. The advisory board shall make periodic reports and recommendations to the board of directors provided however that no such recommendations shall be considered binding upon the board of directors.
(f) The center shall have the ability to pursue water technology innovation and industry development activities described in this section unless and until the water trust fund ceases to have sufficient resources to do so.
SECTION 42. Chapter 29 of the General Laws is hereby amended by striking out section 2IIII, as inserted by section 3 of chapter 448 of the acts of 2012, inserting in place thereof the following section:
Section 2IIII. (a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Dam Repair or Removal Fund into which shall be deposited amounts credited or transferred to the fund by the general court or any other source including, without limitation, federal grants; loan repayments; investment earnings on monies in the fund; and any other amounts required to be credited to the fund by operation of law, resolution or agreement entered into by the department of conservation and recreation. The fund shall be administered by the secretary of energy and environmental affairs. Monies deposited into the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
(b) Amounts credited to the fund shall be used, without further appropriation, for the costs associated with the operations of the office of dam safety within the department of conservation and recreation and the operations of the division of ecological restoration within the department of fish and game, but such expenditures shall be solely for the purposes stated in this section and no funds shall be transferred from the trust to any other fund, and to provide grants or loans to local governmental bodies, charitable organizations and private dam owners to finance or refinance costs of inspection, repair and removal projects including, but not limited to, projects related to dams. The amount expended from this fund during any fiscal year for the costs of employees shall not exceed 5 percent of the funds expended from the fund in that fiscal year. As used in this section, a “local governmental body” shall include a municipality, district or regional governmental unit and a commission or board of a municipality and district or regional governmental unit.
(c) On or before September 1 of each year, a local governmental body, charitable organization or private dam owner may apply to the secretary of energy and environmental affairs for assistance in financing the cost of an eligible infrastructure project. The secretary shall promulgate rules and regulations for the administration and implementation of this section including, but not limited to, a priority system for the approval of projects. Priority shall be given to projects that (i) are owned or operated by agencies of the commonwealth, local governmental bodies and tax-exempt charitable organizations; and (ii) have been classified by the department of conservation and recreation as high hazard or significant hazard dams.
SECTION 43. Section 10 of chapter 233 of the acts of 2008 is hereby amended by inserting after the word “inclusive,” the following words:-
as well as bonds or notes issued to finance authorization 6622-1381 and 6621-1308,
SECTION 44. Chapter 29 of the General Laws, is hereby amended by inserting, after section 2KKK, the following two sections:-
Section 2LLLL. (a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Climate Change Adaptation Infrastructure Investment Fund into which shall be deposited amounts credited or transferred to the fund by the general court or any other source including, without limitation, federal grants, loan repayments, investment earnings on monies in the fund, and any other amounts required to be credited to the fund by operation of law, resolution or agreement entered into by the department of conservation and recreation, office of coastal zone management or the department of fish and game. The fund shall be administered by the secretary of energy and environmental affairs. Monies deposited into the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
(b) Amounts credited to the fund may be used, without further appropriation, for the costs associated with the operations of the office of waterways and the office of dam safety within the department of conservation and recreation, the department of environmental protection the department of fish and game and its divisions and the office of coastal zone management within the executive office of energy and environmental affairs for the costs associated with operations, but such expenditures shall be solely for the purposes stated in this section and no funds shall be transferred from the trust to any other fund, and to provide grants or loans to agencies of the commonwealth, local governmental bodies to finance or refinance costs of inspection, repair and removal projects including, but not limited to, projects related to seawalls, jetties, revetments, retaining walls, and inland flood control. The amount expended from this item during any fiscal year for the costs of employees shall not exceed 5 percent of the funds expended from the fund in that fiscal year. As used in this section, a “local governmental body” shall include a municipality, district or regional governmental unit and a commission or board of a municipality and district or regional governmental unit.
(c) On or before September 1 of each year, a local governmental body or public flood control infrastructure owner may apply to the secretary of energy and environmental affairs for assistance in financing the cost of an eligible infrastructure project. Priority shall be given to projects that are owned or operated by agencies of the commonwealth or local governmental bodies.
Section 2MMMM. There shall be set up on the books of the commonwealth a separate fund to be known as the Small Communities Water Infrastructure Grant Fund, which shall be deposited amounts credited by any appropriations and authorizations of the general court, and other such amounts to be credited to the fund from any other source. The state treasurer as the custodian and treasurer of the fund shall receive and deposit in accordance with state law, all monies credited to such fund to provide the highest rate of interest consistent with the safety of the monies so deposited. All accrued fund investment income shall be credited to the fund. Monies deposited into the fund that are expended are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available in the following fiscal year.
Expenditures from the fund shall be made by the commissioner of the department of environmental protection solely to provide financial assistance to eligible municipalities and other local governmental units as defined under section 1 of chapter 29C, for: (i) grants for the costs related to the planning, design or construction of abatement facilities pursuant to section 33 of chapter 21; (ii) grants for costs related to the planning, design or construction for water pollution abatement projects as provided under section 33E of chapter 21; ; (iii) grants to subsidize the cost related to the construction of sewer collection systems, notwithstanding, the awarding of such grants from this fund shall not restrict the awarding of any other grants or financial assistance under section 30A of chapter 21, or any other law or regulation; (iv) grants for the the cost of the development of a water pollution abatement plan; notwithstanding, the awarding of such grants from this fund shall not restrict the awarding of any other grants or financial assistance for such costs under section 31 of chapter 21, or any other law or regulation; (v) financial assistance for the cost of repairs, improvements, equipment and technical assistance directly related to public septic systems, storm water collection systems and water systems for fire control; (vi) funding for municipalities to provide technical and limited financial assistance grants to local residential property owners, including owners of mobile homes, relating to on-site septic disposal systems and the testing of drinking water wells; (vii) financial assistance grants for costs for emergency alternative public drinking water sources to substitute existing water sources or systems, that are unsafe for public health due to contamination; and (viii) financial assistance grants for costs of initial: feasibility studies, planning, assessments, engineering surveys and project costing related to repairs, installation and improvements of public: drinking water systems, wells, sewer collection systems, septic systems and fire control water systems. No expenditure shall be made from this fund to provide financial assistance to a municipality with more than 20,000 inhabitants or a local governmental unit, not a municipality, that has more than 20,000 service recipients.
SECTION 45. Paragraph (2) of subsection (p) of section 6 of said chapter 62 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 739, the figure “$50,000” and inserting in place thereof the following figure:- $75,000
SECTION 46. Paragraph (9) of said subsection (p) of said section 6 of said chapter 62, as so appearing, is hereby amended by striking out, in line 784, the figure “$2,000,000” and inserting in place thereof the following figure:- $5,000,000
SECTION 47. Subsection (b) of section 38AA of chapter 63 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 41, the figure “fifty thousand” and inserting in place thereof the following figure:- $75,000
SECTION 48. Subsection (h) of said section 38AA of said chapter 63, as so appearing, is hereby amended by striking out, in line 81, the figure “$2,000,000” and inserting in place thereof the following figure:- $5,000,000
SECTION 49. Chapter 62 of the General Laws is hereby amended by inserting after section 6N, the following section:-
Section 6O. A taxpayer that pays for a Forest Stewardship Plan shall be allowed a credit against the taxes imposed under this chapter. The credit shall be equal to 100 per cent of the cost of the Forest Stewardship Plan. The amount of the credit that may be claimed by a taxpayer for each Forest Stewardship Plan shall not exceed $6,000.
The term “Forest Stewardship Plan” as used in this section shall mean a forest management plan for a 10 year period that: (i) has been prepared on a form by a state forester who is licensed under sections 47 through 50, inclusive, of chapter 132, which has been executed by the state forester and the owner of forest land, (ii) complies with the guidelines developed by the department of conservation and recreation for forest stewardship plans, (iii) is approved by the department
of conservation and recreation, based upon an inventory of the forest resources, and (iv) qualifies as a forest management plan for the purposes of chapters 61, 61A and 61B.
SECTION 50. Section 34A of chapter 164 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “town”, in line 1, the following words:- or any other public or quasi public agency or entity
SECTION 51. Said section 34A of said chapter 164, as so appearing, is hereby further amended by inserting after the word “municipality” as appearing, in lines 3,7, 12, 13, 21, 29, 31, 35, 37, 40, 42, 44, 48, 52, 57, 60, 65, 67 70 and, 72, in each instance, the following words:- or any other public or quasi public agency or entity
SECTION 52. Said chapter 164 of the General Laws, is hereby further amended by striking out section 116B, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-
Section 116B. (a) Whenever the commonwealth or a city or town undertakes the repair of streets, roads or sidewalks the appropriate gas company shall provide for the maintenance and improvements of its gate boxes located in the streets, roads or sidewalks to be repaired, so that the gate boxes are more easily and immediately accessible. A gas company may apply for funds under chapter 90 to assist in paying the costs of the maintenance and improvement.
(b) Notwithstanding any general or special law to the contrary, any city or town, water district, or state agency receiving financing from the Massachusetts Clean Water Trust shall provide to the local gas distribution company a scope and schedule, including list of streets, that will be included in any of its projects financed through the Trust on or before the first day of October of a calendar year. Any community or agency receiving funds shall process any required permits from a local gas distribution company within a reasonable time to allow the company to proceed with any main replacement or repairs deemed necessary.
SECTION 53. Section 2A of chapter 79 of the acts of 2014 is hereby amended by striking out the following language:-
provided further, that $65,000,000 shall be expended on the dredging of Boston Harbor;.
SECTION 54. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance, in consultation with the commissioner of the department of conservation and recreation may, and by deed approved as to form by the attorney general, convey permanent easements, over, under and through portions of the median strip located between Columbia Road and William J. Day Boulevard between H Street and just beyond G Street and across Columbia Road at H Street, located in the City of Boston, which land is currently under the control of and used by the department of conservation and recreation, to NSTAR Electric Company, a Massachusetts corporation, its successors and assigns, solely for the purposes of laying, constructing, maintaining, accessing, operating, replacing, repairing, abandoning and removing underground electric transmission lines and appurtenant facilities for the transmission of electricity, subject to the provisions of sections 3 and 4 of this act, and to such reasonable additional terms and conditions consistent with this act as the commissioner of said division, in consultation with the commissioner of said department, may prescribe. Said parcels are more particularly described as a portion of the land subject to an Order of Taking dated January 18, 1962 recorded in Book 7624, Page 575 of the Suffolk county registry of deeds. Said underground transmission lines shall be situated on Columbia Road at H Street for approximately 48 linear feet, and on the median strip between Columbia Road and William J. Day Boulevard between H Street and just beyond G Street for approximately 831 linear feet, and appurtenant structures shall be located in such land on the median strip and under G Street just beyond G Street for approximately 34,483 square feet, more or less, and the permanent easement to be granted shall apply to approximately 0.79 acres of land in the aggregate, more or less, and as more fully described on a plan labeled Figure 1 and entitled “South Boston 115kV Project Proposed Pipe Type Cable Alignment Within Carson Reservation” prepared by TRC Companies, Inc. and dated 9/17/2013. The foregoing plan is filed with the department of conservation and recreation. Modifications to the easement descriptions set forth in the plan described above may be made in order to conform to the requirements of a decision by the department of public utilities and with a final land survey, as accepted by said departments, prior to any conveyance to carry out the purposes of this act.
There shall be an independent appraisal, or appraisals, of the easements described in section 1 to be conveyed as authorized by this act to determine the full and fair market value, or the value in use as proposed, based upon one or more professional appraisals as commissioned by the commissioner of capital asset management and maintenance. In order to expedite the conveyance authorized by this act said commissioner may, in consultation with the commissioner of the department of conservation and recreation, accept any appraisal or appraisals of said easements which may have been conducted prior to the effective date of this act and which may have been accepted and agreed to by said department. NSTAR Electric Company shall compensate the commonwealth in an amount greater than, or equal to, the full and fair market value, or the value in use of said easements as proposed, whichever is greater, as determined by said independent appraisals. NSTAR Electric Company shall assume all costs associated with any engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner of the division of capital asset management and maintenance to execute the conveyance authorized by this act. All money paid to the commonwealth by NSTAR Electric Company as a result of the conveyance of the easements authorized by this act shall be deposited in the general fund of the commonwealth.
The commissioner of capital asset management and maintenance shall submit said appraisals and a report thereon to said inspector general for his review and comment. Said inspector general shall review and approve said appraisal or appraisals, and said review shall include an examination of the methodology utilized for said appraisal or appraisals. The inspector general shall prepare a report of his review and file said report with the commissioner for submission by said commissioner to the house and senate committees on ways and means and the chairmen of the joint committee on state administration. Said commissioner shall submit copies of said appraisals, his report, and the inspector general review and approval, and comments, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration prior to the execution of said conveyance.
Notwithstanding any general or special law to the contrary, upon the passage of this act for the conveyance of the land described in section 1 to NSTAR Electric Company, the department of conservation and recreation shall grant a temporary license at a nominal amount to said NSTAR Electric Company that will provide NSTAR Electric Company with immediate and complete access, control, liability and responsibility of the property for the purposes described in section 1 until the conveyance pursuant to said section takes effect. Said temporary license shall be issued no later than within thirty (30) days of the effective date of this act; provided that if said license does not issue within said thirty (30) days, NSTAR Electric Company shall be allowed immediately to enter said parcel for the purposes stated herein.
No easement instrument conveying, by or on behalf of the commonwealth, the easement described in sections 1 of this act shall be valid unless such instrument provides that said easements shall be used solely for the purposes described in section 1. The easement instrument shall include a clause which shall state that in the event that said easements cease to be used by NSTAR Electric Company, or its successors or assigns, for the purposes described in said section 1 at any time said easements shall revert to the commonwealth under the control of and used by the department of conservation and recreation, upon such terms and conditions as the commissioner of the division of capital asset management and maintenance may determine. Should said easements revert to the commonwealth, any further disposition of said easements shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws, and the prior approval of the general court.
To ensure a no-net-loss of lands protected for natural resource purposes in the commonwealth, NSTAR Electric Company shall convey or cause to be conveyed to the commonwealth within two (2) years of the effective date of this act land or an interest in land to be held by the department of conservation and recreation for conservation or recreation purposes; provided further that the temporary license issued pursuant to section 3 or as otherwise provided by section 3 shall be issued and effective during the pendency of said conveyance. Said land or interest in land shall be of equal or greater size and resource value as determined by said department in its reasonable discretion.
SECTION 55. Notwithstanding any general or special law to the contrary, neither the Commonwealth, nor any political subdivision thereof, nor any authority established by the general court to serve a public purpose shall expend any funds toward the construction of a radio tower within one thousand feet of a residential building in the city of New Bedford without first holding a public meeting within that municipality at least sixty days prior to any such expenditure, notice of said meeting having appeared in three printings in a newspaper of general circulation published in that municipality at least thirty days prior to said meeting and without an affirmative vote of the city council thereof.
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