SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2613

The Commonwealth of Massachusetts

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

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by inserting after section 66 the following section:-

“SECTION 66A. The General Laws are hereby amended by inserting after chapter 131A the following chapter:-

CHAPTER 131B

PUBLIC LANDS PRESERVATION ACT

Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

“Acquired”, land or an interest in land obtained by a public owner whether by purchase, exchange, devise, grant, lease, eminent domain or otherwise.

“Article XCVII”, Article XCVII of the amendments to the constitution of the commonwealth.

“Article XCVII land”, land or an interest in land that is subject to protection under Article XCVII.

“Article XCVII natural resource purposes”, the conservation, development and utilization of the agricultural, mineral, forest, water, air and other natural resources.

“Change in use”, a conversion of Article XCVII land of a public owner from a dedicated use to a different inconsistent use, excepting any allowed nonconforming reserved use of the Article XCVII land; provided, however, that a valid nonconforming reserved use shall include, but not be limited to, a building or structure and shall be an allowed use of Article XCVII land if: (i) such use has been declared in a written instrument when land or an interest in land is taken by eminent domain, acquired or otherwise dedicated as Article XCVII land; (ii) the use, when not declared by written instrument, is preexisting and continuing when the Article XCVII land is dedicated if the use is legally permissible; or (iii) allowed by a special law approved by a 2/3 vote of both branches of the general court; and provided further, that a conversion of Article XCVII land caused by natural causes or occurrences shall not be considered a change in use.

“Disposition”, a transfer, conveyance or release of a public owner’s real property interest whether by deed, covenant or other instrument or by lawful means or process; provided, however, that a “disposition” shall also include a transfer or release of the public owner’s right of legal control in land; provided further, that “disposition” shall not include the termination of a lease for the use of land; and provided further, that “disposition” shall not include a revocable permit or license that authorizes another to use Article XCVII land of a public owner if: (i) the use is consistent with dedicated or allowed uses of the Article XCVII land including, but not limited toa forest or harvesting conducted pursuant to an approved cutting plan; and (ii) the permit or license does not transfer or release a real property interest in the Article XCVII land.

“Executive office”, the executive office of energy and environmental affairs.

“Land”, land that is without or with water including, but not limited to, estuaries, creeks, streams, rivers, ponds, lakes, marshes, floodplains, wetlands and coastal tidelands; provided, however, that “land” shall not include ocean land lying seaward of the mean low water mark of coastal areas that are within the marine boundaries of the commonwealth.

“Public owner”, the commonwealth, its agencies, executive offices, departments, boards, bureaus, divisions, authorities and political subdivisions including, but not limited to, municipalities, counties, districts and other governmental bodies and instrumentalities of the commonwealth that hold Article XCVII land.

“Real property interest” or “interest in land”, an ownership or other legal interest or right in land including, but not limited to, fee simple interest, easement, partial interest, remainder, future interest, right of legal control, lease, conservation restriction, agricultural preservation restriction, watershed preservation restriction and historical preservation restriction as defined in section 31 of chapter 184 and a development covenant or other covenant or restriction that protects natural resources.

“Replacement land” land or an interest in land: (i) required under this chapter to be provided by a public owner to replace the loss of Article XCVII land as a result of a disposition or change in use; and (ii) to be taken by eminent domain, acquired or otherwise dedicated by the public owner as Article XCVII land; provided, however, that “replacement land” shall not include existing Article XCVII land unless, when taken by eminent domain, acquired or otherwise dedicated by the public owner as Article XCVII land, it was to substitute for other Article XCVII land proposed for disposition or change in use.

“Secretary”, the secretary of energy and environmental affairs or an authorized representative.

“State agency”, a legal entity of state government established by the general court as an agency, board, bureau, commission, department, office or division of the commonwealth with a specific mission which may either report to executive offices or secretariats or be independent divisions or departments; provided, however, that “state agency” shall not include counties as defined in section 1 of chapter 7C.

Section 2. (a) To protect the natural resources of the commonwealth and to prevent a net loss of Article XCVII land, a public owner making a disposition or change in use of Article XCVII land shall acquire or otherwise provide replacement land. Replacement land for a disposition or change in use of Article XCVII land shall be: (i) equal or greater in area; (ii) comparable or better in natural resource value; (iii) located within the same municipal boundaries, if feasible; and (iv) not less than the equivalent kind of the real property interest being replaced.

(b) A public owner, when acquiring or providing replacement land, shall execute a written declaratory instrument to confirm that such land or interest in land is subject to protection under Article XCVII and shall record the instrument in the appropriate registry of deeds or land court department of the trial court for the county or district wherein the land is situated. When executed, the instrument shall include the dedication date of the Article XCVII land and a specific description of the Article XCVII land with the restricted and allowed uses of the land. Such instrument shall not preempt or limit a public owner’s use of any other lawful method to dedicate Article XCVII land. The failure of the public owner to execute or record a declaratory instrument shall not invalidate any existing Article XCVII protection of the replacement land.

Section 3. (a) A public owner of Article XCVII land shall notify the secretary when the public owner proposes making a disposition or change in use of the Article XCVII land. Such notification shall be in writing and made in such manner as the secretary by regulation shall prescribe which shall include the information and documentation as required under subsections (c) and (d).

The secretary shall adopt regulations requiring that notification by a public owner shall be made as early as practicable and prior to the filing of a petition with the general court to authorize the proposed Article XCVII land disposition or change in use, to allow the secretary adequate time to review the proposal. The review shall include a plan of the public owner to provide replacement land. Unless otherwise provided in this section, the notification to the secretary shall be submitted at least 20 days before the public owner makes a decision to adopt a proposal for a disposition or change in use of its Article XCVII land.

For Article XCVII land held by a municipality, notification to the secretary shall be required at least 30 days before a vote of town meeting or city council, as appropriate, on the municipality’s proposed disposition or change in use of the Article XCVII land. If the Article XCVII land is located outside the municipality’s boundaries, then the municipality shall make like notification to the local conservation commission in the municipality wherein the land is situated.

For Article XCVII land held by a state agency, notification to the secretary shall be required in the time and manner provided in subsection (a) of section 8.

The secretary shall post notification information received on Article XCVII land proposals and replacement plans on the public website of the executive office.

(b) In the event Article XCVII land is to be taken by eminent domain, the authorized board acting for the public owner or other entity shall, within 10 days after adopting a lawful order of intention to take the land, notify the secretary of the proposed taking. Such notification shall be in writing and made in the manner and with any necessary information relevant to the taking of the land as the secretary by regulation shall prescribe.

(c) Regulations adopted by the secretary under subsection (a) shall require that notification by a public owner of a proposed disposition or change in use of Article XCVII land shall provide sufficient information about the proposal and its advantages and disadvantages to the public and the environment. Such regulations shall require current information about the Article XCVII land proposed for disposition or change in use including, but not limited to: (i) a description of the land including its location, natural resource uses and benefits, approximate size and boundaries, devoted and allowed uses and buildings and structures thereon; (ii) the property’s fair market value based on the municipal assessment; (iii) whether the land or any part thereof is designated as a wetland, flood zone, public water supply, public water supply protection area or priority habitat for state-listed species that are endangered, threatened or of special concern or subject to chapter 258 of the acts of  1996 or a nondevelopment covenant; (iv) a general description of abutting parcels; (v) any owners that hold a real property interest and a description of each respective interest; (vi) copies of any deeds, easements, covenants, restrictions, declarations and other instruments that are public records and show: (1) each owner’s real property interest; and (2) the land’s intended use for a specific natural resource purpose; (vii) a description of the proposed disposition or change in use and the reasons for the proposal, including anticipated changes to the land, and the intended grantees of any proposed transfer of a real property interest; and (viii) whether the public owner’s acquisition of the land was obtained with funds, grants or loans from any federal, state or local source or from a donation or bequest with a condition that the gift be used for natural resource purposes.

The regulations shall require that as part of the notification process that the public owner certify in writing to the secretary that the public owner has considered alternatives to the proposed disposition or change in use of the Article XCVII land and has determined no other feasible or practicable alternative exists. The public owner shall provide information about any alternative considered and the reason such alternative was not selected.

(d) The regulations adopted by the secretary under subsection (a), shall require current information about any plan of the public owner to acquire or provide replacement land including, without limitation: (i) the same kind of information listed in clauses (i) to (iv), inclusive, of subsection (c) specific to the replacement land; (ii) the condition of the land and the relevant current and prior uses of the land; (iii) owners that will hold a real property interest in the replacement land and a description of each respective interest; and (iv) a description of the intended source of the replacement land to be acquired or provided and information about any funds, grants, loans or other consideration to purchase or obtain such replacement land.

(e) A public owner shall supplement the information in subsections (c) and (d) relative to an Article XCVII land proposal and replacement land plan as the secretary shall prescribe by regulation.

(f) After receipt of a public owner’s notification that contains sufficient information, the secretary shall, if requested by the public owner, provide to the public owner a provisional or final opinion on whether the proposed replacement land plan meets the no-net-loss requirements of subsection (a) of section 2.

Section 4. (a) Notwithstanding the requirements of subsection (a) of section 2, a public owner may request from the secretary a waiver to provide replacement land for a disposition or change in use of the public owner’s Article XCVII land. Upon a public owner’s written request, the secretary may grant a full or partial waiver releasing the public owner from any requirement to provide replacement land, subject to this subsection. Waiver requests shall be made in the manner and shall include any related information as the secretary shall prescribe. In granting a waiver, the secretary may impose conditions, if necessary, to accomplish the intended purpose of the disposition or change in use of the Article XCVII land. A decision by the secretary to deny a waiver or to grant waiver with conditions shall be in writing and shall state the reasons for thatdecision.  Waivers shall be limited to those circumstances as described below.

A full or partial waiver may be granted when the disposition or change in use of Article XCVII land will: (i) transfer only a right of legal control of the land between state agencies to be held for the same Article XCVII natural resource purposes and, if applicable, with the same reserved uses; (ii) transfer only a right of legal control in the land between any department, division, board or agency of the same municipality to be held for Article XCVII natural resource purposes and, if applicable, with the same reserved uses; (iii) transfer a lease interest for a natural resource purpose or use for a term not exceeding 5 years; (iv) serve to largely protect, preserve or promote the existing natural resource purposes and uses of the Article XCVII land; (v) grant an easement to grade and alter land elevations to prevent erosion or provide lateral support to adjacent land; (vi) grant an easement to allow for the temporary use of the Article XCVII land for a different purpose for a period not exceeding 5 years with the condition that the land be reasonably restored before the easement period ends; (vii) grant an easement or lease for subterranean use of the land for green energy projects that will not affect adversely the dedicated natural resource purposes of the Article XCVII land; (viii) affect a land area not exceeding 2,500 square feet that is insignificant for the dedicated natural resource purposes of the Article XCVII land; provided, however, that if the land is part of a larger parcel, no other disposition or change in use of that parcel has occurred within 5 years before making a waiver request to the secretary; or (ix) transfer a real property interest of a public owner to another public owner; provided, however, that upon transfer, such interest shall be protected under Article XCVII and shall be used for the same natural resource purposes and allowed uses.

If after a complete review of a public owner’s waiver request and replacement land  information the secretary determines that there are other extraordinary circumstances in providing suitable replacement land within a particular municipality’s boundaries or nearby, the secretary may issue a partial waiver to allow  for modified replacement land; provided, however, the overall intent of no net loss of Article XCVII land shall be attained to the maximum extent practicable and the replacement land allowed shall be comparable or better in natural resource value to the Article XCVII land being replaced.

(b) As a condition for granting to the public owner a full or partial waiver to provide replacement land under clause (vi) of subsection (a) for the temporary use of land, the secretary may require that a performance bond of satisfactory amount for any uncompleted restoration of the land shall be provided.

(c) When determining whether the square footage of required replacement land is sufficient, the secretary shall not include any aboveground area for an allowed use that is exclusively for other than natural resources purposes related to the replacement land or to the Article XCVII protected land.

(d) When determining whether the proposed replacement land is comparable or better in natural resources value under clause (ii) of subsection (a) of section 2, the secretary shall, in addition to other factors, consider the land’s location and condition, intended and allowed uses and overall natural resource benefits.

(e) This chapter and regulations adopted pursuant to this chapter shall not be subject to section 27C of chapter 29.

Section 5. The secretary shall provide to public owners information and education on the policies, requirements and best practices to protect Article XCVII land. To assist a public owner, the secretary as the secretary determines, shall offer advice, guidance and technical assistance with the development of preliminary and proposed plans for the disposition or change in use of Article XCVII land and replacement land alternatives. Such assistance shall include an assessment of the anticipated effect of regional climate change in the development of a proposed plan and any alternative options. Upon request of a public owner, the secretary shall review and make written a evaluation of whether the public owner’s preliminary or proposed plan, or any revision of the plan, complies with the Article XCVII no-net-loss requirements under subsection (a) of section 2. A copy of the written evaluation shall be provided to the public owner.

Section 6. (a) The secretary shall provide to the general court a written recommendation to approve or disapprove each legislative petition that proposes a disposition or change in use of Article XCVII land. If possible, the secretary shall make the recommendation before the first public hearing on the petition by a joint legislative committee. The recommendation shall identify the petition and include the secretary’s opinion as to whether: (i) the disposition or change in use, including any required replacement land, complies with the Article XCVII no-net-loss requirements under subsection (a) of section 2; (ii) the disposition or change in use will benefit the public; and (iii) the required replacement land will provide equal or greater public environmental benefits.

The secretary shall also include with such recommendation whether the legislation adequately identifies the Article XCVII land and required replacement land and contains the necessary terms and conditions. In the secretary’s statement, the secretary shall detail the reasons for the recommendation on the legislative petition and shall identify all alternatives to the proposed disposition or change in use of the Article XCVII land that were considered and reported by the public owner, including information reported about any alternative that the public owner did not select. If insufficient information about a proposed disposition or change in use of Article XCVII land or replacement land precludes the secretary from giving a full opinion, the secretary shall make known this circumstance and reason in the recommendation.

The secretary shall adopt regulations establishing standards for providing recommendations to the general court on Article XCVII land legislation. The regulations shall allow a recommendation of approval of such legislation if the secretary’s opinion agrees with the statements contained in clauses (i) to (iii), inclusive of the first paragraph and, if otherwise, the secretary shall recommend such legislation not be approved. Notwithstanding the foregoing, the regulations shall allow the secretary to recommend approval of the legislation if the secretary determines there are extraordinary circumstances for a proposed disposition or change in use of Article XCVII land or plan for replacement land if: (i) no practicable or feasible alternative exists for the proposed legislation; (ii) the proposed disposition or change in use of Article XCVII land is for a necessary public purpose; (iii) the overall intent of no net loss of Article XCVII land will be attained to the maximum extent practicable; and (iv) the recommendation provides the reasons for the secretary’s determination.

When Article XCVII land is to be taken by eminent domain from a public owner and no replacement land has been proposed, the regulations shall allow the secretary to make a qualified recommendation about the proposed legislation. As part of the recommendation, the secretary shall provide information about the proposed legislation, its advantages and disadvantages to the public and the environment and whether there are any known feasible alternatives to the proposed disposition. The secretary shall also provide an opinion as to whether the nature of the disposition proposed by the proposed legislation would qualify for a full or partial replacement land waiver. The regulations shall require the secretary to detail his reasons for his qualified recommendation.

(b) If a petition related to Article XCVII land is referred to a legislative committee, the legislative committee may solicit the written recommendation of the secretary on the legislation. The secretary shall respond to the request expeditiously in the manner and using the standards and criteria set forth in subsection (a).

(c) The secretary shall supplement the secretary’s recommendation when Article XCVII legislation is pending, if the secretary determines that there is a subsequent change or event that materially affects a prior response.

(d) The secretary shall post its recommendations on proposed legislation on the public website of the executive office.

Section 7. (a) In making a determination for a disposition or change in use of Article XCVII land that includes a detailed plan to provide any required replacement land, a municipality shall first obtain the approval of its conservation commission. Approval by a conservation commission shall require a 2/3 vote at an open public meeting of the commission. No vote shall be held unless the conservation commission has conducted a public hearing on the proposed disposition or change in use. The conservation commission shall give notice of such hearing not less than 30 days before the scheduled hearing date and shall provide written notice to the local regional planning agency.

Notwithstanding the first paragraph, if a disposition or change in use of Article XCVII land relates to parkland under the legal control of a municipal park commission or agricultural land under the legal control of a municipal agricultural commission, approval shall be by vote of the respective commission under the same procedures and requirements in the first paragraph for conservation commissions.

(b) In making a determination for a disposition or change in use of Article XCVII land and after any approval required in subsection (a), a municipality shall obtain the approval of the city council or town meeting. If replacement land is required, a detailed plan to provide such land or land interest shall be included as part of the approval determination by the city council or town meeting. Such approval shall require a 2/3 vote of the city council or a 2/3 vote at an annual or special town meeting in support of the disposition or change in use and any replacement land plan. The vote shall be held at an open public meeting.

(c) When a municipality holds Article XCVII land sited within the boundaries of another municipality, the conservation commission of the other municipality may make a recommendation to the secretary on any proposed disposition or change in use of the Article XCVII land. Before making a recommendation, the commission shall, upon reasonable notice, hold a public hearing on the proposal in the municipality. A commission’s recommendation to approve or disapprove the proposed disposition or change in use shall be in writing and shall include a statement on the proposal’s local environmental impacts with the reasons for its determination. Approval of a recommendation shall require a majority vote of the commissioners at an open meeting of the commission. Any such recommendation to the secretary shall be made not later than 45 days after receiving notification from the municipal owner of the Article XCVII land.

Section 8. (a) When the public owner is a state agency that holds or controls Article XCVII land, the executive head of such agency or the secretary of the executive office in which such agency is located, shall make the initial proposal for any disposition or change in use of the agency’s Article XCVII land. The proposal shall include a plan for replacement land or information that the proposed disposition or change in use is eligible for a replacement land waiver under subsection (a) of section 4. Such proposal shall be made in writing to the commissioner of capital asset management and maintenance and, if not making the proposal, to the secretary of energy and environmental affairs.

Prior to making a determination on the proposal and not less than 60 days after  receipt of the proposal, the commissioner and the secretary shall conduct a public hearing to consider the proposed Article XCVII land disposition or change in use and any replacement land to be provided by the commonwealth. The public hearing shall be in the municipality wherein the Article XCVII land is located. The commissioner, with approval of the secretary, may waive the public hearing when the proposed disposition or change in use of the Article XCVII land: (i) affects a land area not exceeding 11,000 square feet and the area is not located in a public park; (ii) affects a land area of a public park not exceeding 11,000 square feet and the area does not exceed 20 per cent of the total square footage of the park parcel; (iii) transfers the land with any existing reserved uses to another state agency to be held for the same or similar Article XCVII natural resource purposes; (iv) establishes a temporary easement related to construction or natural resource project; (v) establishes an easement to alter land grades affecting small portions of the parcel; or (vi) allows reserved uses pertaining to small buildings or structures with a combined total area not exceeding 2,500 square feet.

The commissioner shall provide public notice of such hearing at least 30 days prior to the scheduled hearing date. Such notice shall be posted in the central register and on the public website of the executive office and  shall be placed at least once each week for 4 consecutive weeks prior to the hearing in newspapers of general circulation in the locality wherein the Article XCVII land is situated.

In the event the hearing is waived or not required, the commissioner and secretary shall accept written comments for 30 days. Public notice of the comment period shall be posted in the central register and on the executive office’s public website.

Within 30 days after any required hearing or comment period, the secretary shall make a determination whether the proposed disposition or change in use of the Article XCVII land and any replacement land plan complies with the Article XCVII no-net-loss requirements under subsection (a) of section 2 or a substitute method under subsection (e) of section 4. Alternatively, the secretary shall determine whether such proposed disposition or change in use qualifies for a replacement land waiver. Such determination shall be in writing and shall provide the reasons for that decision and any recommendations and comments about the proposal. The secretary shall provide a copy of the determination to the commissioner, the secretary of administration and finance and the state agencies affected by the proposal and shall post the determination on the executive office’s public website. The secretary’s determination shall be submitted with any request of the commissioner to the general court to authorize the disposition or change in use of such proposed Article XCVII land.

(b) Section 4 of chapter 7B and sections 33 and 34 of chapter 7C shall not limit or modify the requirements under this chapter applicable to the disposition or change in use of Article XCVII land held or controlled by a state agency.

(c) In the event of an emergency affecting public health and safety that necessitates a temporary and significant change in use of Article XCVII land of the commonwealth, the commissioner of capital asset management and maintenance upon written certification of such emergency and with the approval of the secretary may waive or reduce the time period for any public notice, hearing or comment period required under subsection (a) regarding such land use. The certification shall identify the current and proposed change in use of the land and the commissioner’s reasons for the proposed action.

Section 9. (a) When the public owner is a regional conservation district that holds Article XCVII land that it has proposed for disposition or change in use, the supervisors of the conservation district shall approve such disposition or change in use and any plan to provide replacement land. Such approval shall require a 2/3 vote of the supervisors at an open meeting. No vote shall be held unless the supervisors first conduct a public hearing on the proposed disposition or change in use and replacement land plan. Such public hearing shall be conducted in the municipality where the land protected under Article XCVII is located. The chairperson of the district supervisors shall provide public notice of the hearing not less than 30 days before the scheduled hearing date.

(b) When the public owner is a county government not abolished by chapter 34 or other law which holds Article XCVII land that it proposes for disposition or change in use, the county commissioners shall approve such disposition or change in use and any plan to provide replacement land. Such approval shall require a 2/3 vote of the county commissioners at an open meeting. No vote shall be held unless the county commissioners conduct a public hearing on the proposed disposition or change in use and replacement land plan. The county commissioners shall provide public notice of the hearing not less than 30 days before the scheduled hearing date.

(c) When a public owner, other than a municipality, state agency, conservation district, or unabolished county government, holds Article XCVII land it proposes for disposition or change in use, the public owner shall conduct a public hearing not less than 30 days prior to its final determination on the proposal and any plan to provide replacement land. A final determination to authorize the proposed disposition or change in use of Article XCVII land shall be by a vote of an authorized board, commission or other body of the public owner but if no such board, commission or body exists, then by a written decision of the public owner’s executive officer. The hearing shall be conducted in the municipality where the Article XCVII land is situated. The public owner shall give public notice of the hearing not less than 30 days before the scheduled hearing date.

Section 10.  The public notice required under sections 8 and 9 for each city or town in which the Article XCVII land is located shall be by separate written notice to the city manager in the case of a city under a Plan E form of government, the mayor and city council in the case of all other cities, the chair of the board of selectmen in the case of a town, the regional planning agency and the representative members of the general court.

Section 11. A public owner that has made a disposition or change in use of Article XCVII land shall notify the secretary regarding that disposition or change of use when: (i) the public owner acquires or provides any required replacement land; (ii) a temporary easement in the Article XCVII land terminates; (iii) an event or act completes the Article XCVII land disposition or change in use; or (iv) upon any other event or act as the secretary shall establish by regulation. Such notification shall be made in such manner and shall include such information as the secretary shall prescribe.

Section 12.  Annually, the secretary shall prepare a comprehensive report describing the work of the executive office relative to the protection of Article XCVII land for the preceding calendar year. The report shall provide information about each disposition and change in use of Article XCVII land and replacement land including, but not limited to: (i) the total number of notifications received, reviews conducted and opinions provided; (ii) the total acreage and description of replacement land required to prevent a no net loss of Article XCVII land; and (iii) the total acreage of Article XCVII land that lost protection. The annual report shall be filed with the clerks of the senate and house of representatives and the chairs of the joint committee on environment, natural resources and agriculture and shall be posted on the public website of the executive office not later than the first Monday of April in the following year.

Section 13. (a) When a public owner’s Article XCVII land is taken by eminent domain, the public owner shall, upon receiving the entire damage award for the taking, acquire or provide suitable replacement land. The replacement land shall meet the no-net-loss requirements of clauses (i) to (4), inclusive, of subsection (a) of section (2); provided, however, that the replacement land required shall be limited by the total value of the award for damages sustained by the public owner resulting from the land taking. The value of any land and additional funds conveyed or transferred to the public owner to replace the loss of Article XCVII land which may be partially or entirely in lieu of damages shall be considered an award for damages for the purpose of determining the total value limitation under this subsection.

Before acquiring or providing replacement land, the public owner shall consult with the secretary to review the proposed replacement land. The secretary shall determine whether the replacement land complies with the no-net-loss requirements subject to after taking into consideration the total value limitations on replacement land. The secretary shall provide the public owner with an opinion as to whether the proposed replacement land is suitable.

The secretary may grant a full or partial waiver to a public owner to acquire or provide replacement land under subsection (a) of section 4 when the public owner’s Article XCVII land is taken by eminent domain from the public owner. Notwithstanding the foregoing, if the monetary portion of a damage award and any other compensation received by the public owner are not sufficient to acquire or provide suitable replacement land, upon the public owner’s request, the secretary may approve using the money for other public natural resource purposes.

A public owner shall provide such relevant information to the secretary relative to the proposed replacement land under this section as the secretary shall prescribe by regulation.

(b) Notwithstanding any other general law to the contrary, the secretary shall first approve any interest in land conveyed or transferred to a public owner under section 7M of chapter 81 if the conveyance or transfer is to replace Article XCVII land taken by eminent domain from a public owner.

Section 14. (a) The secretary shall establish a self-subscribing email notification delivery system to send informational emails to the public and government organizations about proposed dispositions of Article XCVII land and recommendations of the secretary on related legislation.

(b) Information required under this chapter to be posted on the executive office’s public website shall also be posted in the environmental monitor.

(c) The secretary shall charge no fee for informational emails under subsection (a) or to access information posted on the executive office’s public website as required under this chapter.”; and

By inserting after section 81 the following section:-

“SECTION 81A. Not later than 1 year after the effective date of this act, the secretary of energy and environmental affairs shall promulgate regulations for the requirements, administration and enforcement for the chapter 131B of the General Laws.”