Bill H.2932

HOUSE DOCKET, NO. 3214 FILED ON: 1/20/2017

HOUSE . . . . . . . . . . . . . . . No. 2932

By Mr. Kulik of Worthington, a petition (accompanied by bill, House, No. 2932) of Stephen Kulik and others for legislation to establish the Mohawk Trail woodlands partnership fund. Environment, Natural Resources and Agriculture.

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act establishing the Mohawk Trail Woodlands partnership.

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

SECTION 1. Chapter 29 of the General Laws is hereby amended by inserted after section 2VVVV the following section:-

Section 2WWWW. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Mohawk Trail Woodlands Partnership Fund. The fund shall be administered by the Mohawk Trail Woodlands Partnership Board as established by the special act creating such board. There shall be credited into the fund revenues or other financing sources directed to the fund by appropriation, bond revenues or other monies authorized by the general court and specifically designated to be credited to that fund, any income derived from the investing of amounts credited to the fund and the monies from the repayment of loans from the fund, funds from public or private sources, including, but not limited to, gifts, federal or private grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund and all other amounts credited or transferred into the fund from any other source. Amounts credited to said fund shall be held in an expendable trust and shall be used solely for implementing the purposes and administration of Mohawk Trail Woodland Partnership as set forth in the special act creating such partnership. Unexpended funds shall be allowed to carry over from year to year and be expended in subsequent years without appropriation. No expenditure from the fund shall cause it to be in deficiency.

SECTION 2. To capitalize the Mohawk Trail Woodland Partnership Fund established in section 2WWWW of Chapter 29 of the General Laws and support the goals of the Mohawk Trail Woodland Partnership a total of $6,000,000 shall be sought from either a general appropriation or capital expenditure authorization, or a combination of the two.

SECTION 3. (a) For the purposes of this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:-

“Participating Communities”, municipalities within the Mohawk Trail Woodlands Partnership Eligibility Area that affirmatively vote to participate in the activities of the Mohawk Trail Woodlands Partnership as described in subsection (c).

“Partnership”, a cooperative association among those entities and individuals working collaboratively to achieve the purposes described in subsection (b) in the Mohawk Trail Woodlands Partnership Area as described in subsection (c).

“Permanently protected open space”, land permanently protected from development and includes state parks, state forests and state wildlife management areas, land owned by conservation organizations for conservation purposes, town or city owned land under the jurisdiction of the town or city conservation commission for park or conservation use, and privately-owned farm and forestland protected through the Agricultural Preservation Restriction Program or a conservation restriction.

“Sustainable forest management”, the carefully planned growing, management, harvesting and regeneration of woodlands that conserves or promotes biological diversity, ecological functions, soil productivity, water and air quality, carbon storage, and cultural resources and recreational use of the forest while also providing a continuous yield of a range of useable forest products. Sustainable forest management also considers the surrounding forest landscape.

(b) The purposes of the Mohawk Trail Woodlands Partnership are:

(1) to support and expand sustainable forest management;

(2) to increase forest land conservation through conservation restrictions that encourage sustainable forestry;

(3) to support and increase natural resource based economic development and employment;

(4) to support and provide education and visitor information programs to increase public understanding of and appreciation for the ecological, recreational and economic benefits of forests;

(5) to support and promote the long term social and fiscal sustainability of the Participating Communities in the area; and

(6) to create a long term partnership between towns and cities, regional organizations, the executive office of energy and environmental affairs, and the United States Forest Service.

(c) (1) To achieve the purposes identified in subsection (b) there is hereby established the Mohawk Trail Woodlands Partnership Area, which shall consist of 2 separate boundaries: (1) the Mohawk Trail Woodlands Partnership Eligibility Area; and (ii) the Mohawk Trail Woodlands Partnership Activities Area.

(2) The Mohawk Trail Woodlands Partnership Eligibility Area shall be comprised of the lands defined by the municipal boundaries of Adams, Cheshire, Clarksburg, Florida, New Ashford, North Adams, Peru, Savoy, Williamstown and Windsor in Berkshire county, and Ashfield, Buckland, Charlemont, Colrain, Conway, Hawley, Heath, Leyden, Monroe, Rowe, and Shelburne in Franklin county.

(3) The Mohawk Trail Woodlands Partnership Activities Area shall consist of the land in those municipalities described in the Mohawk Trail Woodlands Partnership Eligibility Area that have taken an affirmative vote of a town meeting or board of selectmen in towns or city council or mayor in cities to participate in the activities of the Mohawk Trail Woodlands Partnership as specified in the Partnership Plan as defined in subsection (g).

(4) Municipalities within the Mohawk Trail Woodlands Partnership Eligibility Area shall have 2 years after the effective date of this act to affirmatively vote to participate in the activities of the Mohawk Trail Woodlands Partnership and become Participating Communities. Notwithstanding the preceding sentence, if a municipality within the Mohawk Trail Woodlands Partnership Eligibility Area does not vote affirmatively to participate in the activities of the Mohawk Trail Woodlands Partnership within 2 years after the effective date of this act, the municipality may affirmatively vote to become a Participating Community after 5 years have passed from the effective date of this act.

(5) The Mohawk Trail Woodlands Partnership Eligibility Area and the Mohawk Trail Woodlands Partnership Activities Area may be expanded 5 years after enactment of this legislation by a 2/3 vote of the entire partnership board, established pursuant to Subsection (e), and a majority vote of the partnership board members from the Participating Communities after the establishment of criteria for expansion by said partnership board. Criteria for expansion should include such factors as geographic proximity, forestry and natural resources, and financial capacity of the partnership.

(d) (1) Programs and activities of the Mohawk Trail Woodlands Partnership shall, to the extent possible, be conducted in partnership and collaboration between the units of federal, state and local government, including but not limited to the United States Forest Service, the commonwealth and its applicable subdivisions and others in accordance with the integrated partnership plan specified in subsection (g).

(2) Nothing in this section shall be construed to diminish, enlarge, or modify any right of the federal government, the commonwealth or any political subdivision thereof, to exercise civil and criminal jurisdiction or to carry out federal, state, or local laws, rules, and regulations within the lands and waters included in the Mohawk Trail Woodlands Partnership Eligibility Area.

(e) (1) There is hereby established the Mohawk Trail Woodlands Partnership Board whose purpose shall be to coordinate the partnership activities of participating federal, state, and local authorities and the private sector in the development and implementation of the programs and activities identified in an integrated partnership plan for the Mohawk Trail Woodlands Partnership Activities Area.

(2) The partnership board shall be composed of the following members:

(A) One individual, appointed by the respective board of selectmen or mayor, from each of the Participating Communities.

(B) One individual, appointed by the Chief of the United States Forest Service, to represent the United States Forest Service, provided that Federal legislation is enacted that authorizes the participation of the United States Forest Service.

(C) One individual, appointed by the secretary of energy and environmental affairs, to represent the executive office of energy and environmental affairs.

(D) One individual, appointed by the executive director of the Franklin Regional Council of Governments to represent the Franklin Regional Council of Governments.

(E) One individual, appointed by the executive director of the Berkshire Regional Planning Commission, to represent the Berkshire Regional Planning Commission.

(F) One individual, appointed by action of the board of directors of the Massachusetts Forest Alliance Limited, to represent the Massachusetts Forest Alliance Limited.

(G) One individual, appointed by action of the chair of the Massachusetts Chapter of the Yankee Division of the New England Society of American Foresters, to represent the Massachusetts Chapter of the Yankee Division of the New England Society of American Foresters.

(H) One individual, appointed by action of the board of directors of the Franklin Land Trust, Inc., to represent the Franklin Land Trust.

(I) One individual, appointed by action of the board of directors of the Berkshire Natural Resources Council, Inc., to represent the Berkshire Natural Resources Council.

(J) One individual, appointed by action of the board of directors of the Greater Shelburne Falls Area Business Association, Inc., to represent the Greater Shelburne Falls Area Business Association.

(K) One individual, appointed by action of the board of directors of Lever, Inc., to represent Lever, Inc.

(L) One individual, appointed by action of the board of directors of the Deerfield River Watershed Association, Inc., to represent the Deerfield River Watershed Association.

(M) One individual, appointed by action of the board of directors of the Hoosic River Watershed Association, Inc., to represent the Hoosic River Watershed Association.

(N) Should the names of any entity of the aforementioned members change, the replacement entity shall be considered a member subject to the appointment of the appointing authority of that entity.

(O) Should any of the entities of the aforementioned members cease to exist, the partnership board may, by majority vote, name a like entity to represent the interests of the original member entity represented.

(P) The partnership board may, by 2/3 vote, allow additional members to the partnership board, provided the mission of the additional member aligns with the purposes identified in subsection (b) and also provided that no additional members shall be allowed if the total number of members from those entities identified in clauses (B) through (O), exceeds those identified in clause (A).

(3) (A) Members of the partnership board shall serve for terms of 3 years or until another representative is appointed from said appointing entity.

(B) Members may be re-appointed to serve for multiple terms.

(4) The partnership board shall elect 1 of its members as chairperson and 1 as vice chairperson. The term of office of the chairperson and vice chairperson shall be 3 years. The vice chairperson shall serve as chairperson in the absence of the chairperson.

(5) Any vacancy on the partnership board shall be filled in the same manner in which the original appointment was made.

(6) The partnership board shall meet no less than 2 times per year or at the call of the chairperson or a majority of its members. Meetings shall be open to the public.

(7) A majority of the partnership board members shall constitute a quorum. For the purposes of meeting quorum requirements, vacancies shall not be counted to determine a majority.

(8) Each member of the partnership board shall be entitled to 1 vote which shall be equal to every other member of the partnership board. All matters considered by the partnership board shall be decided by an affirmative vote of a minimum of a majority of the members present, except for those actions requiring a 2/3 vote as specified in this act.

(9) The partnership board shall:

(A) initiate the development and review of and approve the partnership plan as defined in subsection (g);

(B) oversee implementation of the partnership plan as defined in subsection (g);

(C) annually review and approve an annual budget that identifies the sources and uses of funds to implement the partnership plan. Said annual budget shall indicate funding levels for each of the purposes identified in subsection (b);

(D) designate a legally established entity to serve as the administrative agent for the Mohawk Trail Woodlands Partnership as set forth in subsection (f); and

(E) designate a legally established entity to serve as the fund manager for the Mohawk Trail Woodlands Partnership Fund as described in subsection (h).

(10) The partnership board shall establish an executive committee of the members of the partnership board. The executive committee shall consist of 5 members.

(A) The executive committee members shall consist of: 2 members appointed pursuant to clause (A) of paragraph (2) to be elected by the partnership board; 1 member from the United States Forest Service appointed pursuant to clause (B) of paragraph (2); 1 member from the executive office of energy and environmental affairs appointed pursuant to clause (C) of paragraph (2); and 1 member from the remaining members of the partnership board, appointed pursuant to clauses (D) to (P), inclusive, of paragraph (2), to be selected by the partnership board. The partnership board chair shall automatically be a member of the executive committee thereby filling the executive committee membership requirement for that membership slot, such that, if the partnership board chair is a member from a municipality appointed pursuant to clause (A) of paragraph (2), there shall only be 1 other member from a municipality appointed pursuant to said clause (A) of said paragraph (2) on the executive committee and such that if the partnership board chair is a member appointed pursuant to clauses (D) to (P) inclusive, of said paragraph (2) that member shall fulfill the executive committee membership requirement for members appointed pursuant to clauses (D) to (P), inclusive, of said paragraph (2).

(B) The executive committee shall provide direction to the administrative agent to conduct activities as described in subsection (f).

(C) The executive committee shall approve expenditures of the administrative agent as they relate to the implementation of the partnership plan.

(D) The executive committee shall approve the staff of the administrative agent working to implement the partnership plan.

(E) The executive committee shall provide regular reports to the partnership board.

(F) The executive committee may assume other responsibilities necessary to implement the partnership plan.

(11) The partnership board shall prepare and adopt, by a 2/3 vote, bylaws covering regular operating practices of the partnership board and the executive committee of the partnership board.

(f) (1) Within 1 year after the date of enactment of this act and receipt of any federal or state appropriation, the Mohawk Trail Woodlands Partnership Board shall designate an existing or newly created non-profit entity to serve as the administrative agent for the Mohawk Trail Woodlands Partnership. Provided funding is available, the administrative agent shall, under the direction of the partnership board, implement the partnership plan. The Mohawk Trail Woodlands Partnership Board shall have the authority to designate a different entity as administrative agent by a 2/3 vote.

(2) The administrative agent shall, with the approval of the executive committee, be entitled to receive and expend funds from the Mohawk Trail Woodlands Partnership Fund, established in section 2WWWW of chapter 29 of the General Laws and subject to the requirements set forth subsection (h) for the purposes of implementing the partnership plan.

(3) For the purposes of implementing the partnership plan described in subsection (g) and notwithstanding any other provision of law, the administrative agent of the partnership may seek and accept donations of funds, grants, revenue, property, or services from individuals, foundations, corporations, and other private and public entities for the purpose of carrying out the partnership plan.

(4) For purposes of implementing the partnership plan described in subsection (g), the administrative agent of the partnership may enter into cooperative agreements with the federal government, the commonwealth, any political subdivision thereof, or with any organization or person.

(5) The administrative agent of the partnership shall provide the partnership with such staff and technical assistance considered appropriate to enable the implementation of the partnership plan described in subsection (g). The administrative agent of the partnership may accept the services of personnel detailed from the United States Forest Service, including any branch or division of the United States Forest Service, the commonwealth, any political subdivision of the commonwealth, any entity represented on the partnership board or any other entity whose mission aligns with the purposes defined in subsection (b) , subject to the approval of the partnership board.

(6) The administrative agent of the partnership may obtain by purchase, rental, donation, or otherwise, such property, facilities, and services, including the acquisition of real property or interest in real property, as may be needed to implement the partnership plan.

(g) (1) Within 3 years after the date of enactment of this act and receipt of sufficient federal or state appropriations, the Mohawk Trail Woodlands Partnership shall develop a partnership plan for the Mohawk Trail Woodlands Partnership Activities Area to be implemented by the partnership. The plan titled, “Mohawk Trail Woodlands Partnership 2014-2015, A Plan for Forest-Based Economic Development and Conservation” dated December 2015 (Updated October 2016) shall serve as the interim partnership plan until such partnership plan is developed.

(2) The partnership plan shall include but not be limited to each of the following:

(A) A resource assessment to include:

(i) an assessment of natural resources, including forest resources, agricultural resources, water resources, important natural habitat areas, and important species;

(ii) an identification of conserved lands, including permanently conserved lands and temporarily conserved lands; and

(iii) an assessment of recreational resources, including trails and associated recreational support facilities.

(B) A socio-economic assessment of the participating municipalities, including population, income and employment;

(C) A fiscal assessment of the municipalities in the Mohawk Trail Woodlands Partnership Activities Area to include an assessment of municipal revenue, expenditures, services and taxes;

(D) An assessment of existing programs and activities and associated entities, offered in the Mohawk Trail Woodlands Partnership Activities Area including local, state, and federal governmental units, nonprofit organizations and private interests that align with the purposes defined in subsection (b);

(E) An identification of policies, programs and activities to achieve the purposes defined in subsection (b), including those to:

(i) support and expand sustainable forest management in the Mohawk Trail Woodlands Partnership Activities Area;

(ii) increase forest land conservation in the Mohawk Trail Woodlands Partnership Activities Area;

(iii) support and increase forest and other natural resource based economic development and employment, including natural resource-based tourism, in the Mohawk Trail Woodlands Partnership Activities Area;

(iv) support educational and visitor information related to the Mohawk Trail Woodlands Partnership Activities Area; and

(iv) support and promote the long term social and fiscal sustainability of the participating municipalities in the Mohawk Trail Woodlands Partnership Activities area.

(F) A coordination and consistency component which details the ways in which programs, activities and policies of local, state, and federal governmental units, nonprofit organizations and private entities may best be coordinated to implement the partnership plan.

(G) A financial component, which details the costs and revenues of implementing the partnership plan, including, but not limited to:

(i) costs to implement each of the programs and activities identified in clause (E);

(ii) associated capital costs;

(iii) associated operational costs, including costs of the administrative agent as defined in subsection (f);

(iv) any anticipated extraordinary or continuing costs;

(v) details of the sources of revenue, including, but not limited to appropriations from state and federal departments and agencies, investment or interest income, including receipts from the Mohawk Trail Woodlands Partnership Fund described in subsection (h), grants, donations, loans, loan repayments, receipts from the private sector, receipts from any income-producing venture undertaken by the partnership, and other sources of revenue;

(vi) a 5 year timetable of projected revenues and expenditures; and

(vii) an identification of the projected revenue, including amounts and projected earnings from the Mohawk Trail Woodlands Partnership Fund described in subsection (h), to ensure the purposes of this section are sustained in perpetuity.

(3) In developing the partnership plan, the partnership shall:

(A) consult with appropriate officials of any local government or federal or state agency;

(B) consult with interested conservation, business, professional, and citizen organizations; and

(C) conduct meetings for the purposes of providing interested persons with the opportunity to comment on items contained in the partnership plan.

(4) The partnership board shall have authority to approve or disapprove the partnership plan.

(5) The partnership board shall review the partnership plan, no less than annually. The partnership plan shall be updated no less than every 10 years except that the partnership board may by majority vote request the entire partnership plan or sections of the partnership plan be updated at any time.

(h) (1) For the purposes of carrying out this section, the Mohawk Trail Woodlands Partnership Fund established in section 2WWWW of chapter 29 of the General Laws, may accept and receive receipts and donations of funds from:

(i) any public or private source, including but not limited to gifts, grants, property, supplies, revenue, or services from individuals, foundations, corporations, and other private or public entities, including the commonwealth and agencies of the federal government;

(ii) federal appropriations if authorized by companion federal law, federal reimbursements and grant-in-aid; and

(iii) interest and investment income earned from the Mohawk Trail Woodlands Partnership Fund.

(2) Receipts into the Mohawk Trail Woodlands Partnership Fund may be invested to generate income which may be utilized for any purpose consistent with the purposes of this act and said section 2WWWW of said chapter 29. Preference for investments of the Mohawk Trail Woodlands Partnership Fund shall be given to those that advance the purposes set forth in subsection (b).

(3) Funds from the Mohawk Trail Woodlands Partnership Fund shall be used as defined in the Partnership Plan, as updated or amended and may include establishment of or support for the following:

(i) An Investment Trust Fund to maintain the long term sustainability of the Mohawk Trail Woodlands Partnership. A sufficient amount of funding shall be invested and maintained in an Investment Trust Fund, as stated in the bylaws, to ensure the purposes of this section and the activities of the partnership are sustained in perpetuity.

(ii) A multi-purpose center, known as the “Mohawk Trail Forestry Center” to provide tourism services, technical assistance to forestry and tourism businesses and forest landowners, research and development, marketing, public education and space for the Administrative Agent as described in subsection (f);

(iii) One or more demonstration and research forests including those to be established through agreement with the United States Forest Service or the executive office of energy and environmental affairs and its agencies, or both the United States Forest Service or the executive office of energy and environmental affairs, on an appropriate parcel of private, municipal or state land to be used to research and demonstrate exemplary sustainable forest management to other landowners and the public via tours, publications and other educational tools;

(iv) Forest land conservation via conservation restrictions and restriction monitoring with landowners according to a model conservation restriction contained in the partnership plan provided that boards of selectmen, in the case of a town, or the mayor, in the case of a city, in participating municipalities where more than 40 per cent of the total land area of the municipality is permanently protected open space must approve the purchase of a conservation restriction for any land receiving funds from the Mohawk Trail Woodlands Partnership Fund;

(v) Revolving Loan Fund program to support forestry businesses;

(vi) Forest Viability Program with grants provided to forest based businesses or landowners in exchange for temporary conservation restrictions on land development;

(vii) Municipal Cooperative Agreements that provide annual grants to participating municipalities to support municipal services or operations related to the purposes of the partnership as defined in subsection (b);

(viii) Forest management plans for private landowners;

(ix) Natural resource based recreation and tourism including promotion; and

(x) Reimbursement of costs incurred by the administrative agent, as defined in subsection (f), to conduct activities related to the partnership.

(4) A qualified fund manager shall be selected by the partnership board to manage the Investment Trust Fund, identified in section (h)(3)(i), according to appropriate standards to achieve a rate of return consistent with the safety of the fund and with a preference for local and regional investments that advance the purposes of the partnership set forth in subsection (b). The fund manager shall prepare an annual report to the partnership board.

(5) There shall be an independent audit prepared annually for the Mohawk Trail Woodlands Partnership Fund and associated Investment Trust Fund.

(6) Should the Mohawk Trail Woodlands Partnership cease to exist, the Mohawk Trail Woodlands Partnership Fund and associated Investment Trust Fund shall be dissolved and assets dispersed according to applicable state and federal law.

(i) No funds may be appropriated through this legislation for the United States Government and its agency, the United States Forest Service to hold a fee interest in any real property in the Mohawk Trail Woodlands Partnership Activities Area.

Name:	District/Address:	Date Added:
Stephen Kulik	1st Franklin	1/20/2017
Adam G. Hinds	Berkshire, Hampshire, Franklin and Hampden	1/31/2017
Gailanne M. Cariddi	1st Berkshire	1/20/2017
Paul W. Mark	2nd Berkshire	2/3/2017