HOUSE DOCKET, NO. 1167        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 180

The Commonwealth of Massachusetts

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PRESENTED BY:

Michelle L. Ciccolo

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act regarding municipal master plans.

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PETITION OF:

HOUSE DOCKET, NO. 1167        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 180

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act regarding municipal master plans.

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 41, Section 81D, as so appearing, is hereby amended by striking out lines 28-30, inclusive, and lines 35-43, inclusive.

Said section 81D of said chapter 41, as so appearing, is hereby further amended by inserting after line 52, the following paragraph:

Such plan may include, as optional elements subject to the decision of the planning board, an economic development element, which identifies policies and strategies for the expansion or stabilization of the local economic base and the promotion of job opportunities; an open space and recreation element, which provides an inventory of recreational resources and open space areas of the municipality, and policies and strategies for the management and protection of such resources and areas; a services and facilities element, which identifies and analyzes existing and forecast needs for facilities and services used by the public; a circulation element, which provides an inventory of existing and proposed circulation and transportation systems; an energy management element regarding sources, uses, distribution, and cost of energy; a water management element regarding water supply, waste water, and storm water issues; a public health element regarding steps that can be taken to improve the public health of residents and workers; a climate element addressing issues of climate mitigation and adaptation; or an arts and culture element regarding the enhancement and appreciation of artistic and cultural expression in the municipality.  Master plans developed pursuant to this section shall, to the extent feasible, take into account ways in which future policies and programs can advance equity based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, disability, and language.

Said section 81D of said chapter 41, as so appearing, is hereby further amended by inserting after the words “furnish a” in line 57, the following words: “paper or electronic”.

Said section 81D of said chapter 41, as so appearing, is hereby further amended by inserting after line 68, the following paragraph:

A municipality in Barnstable County or the county of Dukes County may adopt a local comprehensive plan pursuant to chapter 716 of the acts of 1989 or chapter 831 of the acts of 1977 and the regulations and regional policy plans adopted thereunder.  The regional planning agency shall review the local comprehensive plan solely for consistency with the governing special act and any applicable regulations and regional policy plans.  An adopted local comprehensive plan certified by the regional planning agency as consistent with this section shall be deemed a master plan in compliance with this section and shall entitle the municipality to any statutory benefits of having an adopted master plan.

SECTION 2. The fourth paragraph of section 5 of chapter 40A is hereby amended by inserting after the first sentence the following sentence: The report shall evaluate the consistency of the proposed ordinance or by-law or amendment thereto with a master plan under section 81D of chapter 41, if any, in effect.