HOUSE DOCKET, NO. 4302        FILED ON: 6/25/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4022

The Commonwealth of Massachusetts

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PRESENTED BY:

Dylan A. Fernandes

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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 to protect Cape Cod's environment and water supply.

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PETITION OF:

HOUSE DOCKET, NO. 4302        FILED ON: 6/25/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4022

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act to protect Cape Cod's environment and water supply.

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

Section 5 of Chapter 47 of the Acts of 2002, (“An Act relative to the Environmental Protection of the Massachusetts Military Reservation”) is hereby amended by adding at the end thereof the following:

Any proposal for new or expanded activity within the Reserve that will result in the alteration of ten or more acres, including but not limited to habitat destruction or clearcutting of forested land, shall be categorically required to complete a full Environmental Impact Report under the Massachusetts Environmental Policy Act. Upon the issuance of a MEPA certificate by the Secretary of the Executive Office of Energy and Environmental Affairs, the Commission shall not approve any such activity without receiving a written recommendation from a) the Community Advisory Council; b) the Science Advisory Council; c) the Upper Cape Regional Water Supply Cooperative and d) the Cape Cod Commission, after each has made a finding whether the proposed activity violates and is not otherwise inconsistent with any of the environmental performance standards included in the final environmental impact report regarding activities on the Reserve; and the proposed activity is deemed to be consistent with the purposes of this Act and with the establishment of the Upper Cape Water Supply Reserve.

If following receipt of the aforesaid recommendations the Commission determines a) that the proposed activity is consistent with and does not violate said standards, or b) adjusting said standards is warranted before making a decision on the proposed activity, the Commission shall hold a public hearing in Sandwich, Mashpee, Falmouth, or Bourne on its proposed determination. The hearing shall be held prior to the Commission making a final determination on whether to approve the proposed activity or on any adjustments to the environmental performance standards.