SENATE DOCKET, NO. 146 FILED ON: 1/15/2021
SENATE . . . . . . . . . . . . . . No. 524
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The Commonwealth of Massachusetts
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PRESENTED BY:
James B. Eldridge
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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 preserving open space in the commonwealth.
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PETITION OF:
Name: | District/Address: |
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James B. Eldridge | Middlesex and Worcester |
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Ruth B. Balser | 12th Middlesex | 1/15/2021 |
Tami L. Gouveia | 14th Middlesex | 1/21/2021 |
Brendan P. Crighton | Third Essex | 2/4/2021 |
Joanne M. Comerford | Hampshire, Franklin and Worcester | 2/8/2021 |
Jack Patrick Lewis | 7th Middlesex | 2/8/2021 |
Cindy F. Friedman | Fourth Middlesex | 2/16/2021 |
Jason M. Lewis | Fifth Middlesex | 2/16/2021 |
Walter F. Timilty | Norfolk, Bristol and Plymouth | 2/23/2021 |
John F. Keenan | Norfolk and Plymouth | 2/26/2021 |
Patrick M. O'Connor | Plymouth and Norfolk | 3/5/2021 |
Adam J. Scanlon | 14th Bristol | 3/8/2021 |
Michael O. Moore | Second Worcester | 3/9/2021 |
Anne M. Gobi | Worcester, Hampden, Hampshire and Middlesex | 3/10/2021 |
Patricia D. Jehlen | Second Middlesex | 3/11/2021 |
Michael D. Brady | Second Plymouth and Bristol | 3/16/2021 |
Bruce E. Tarr | First Essex and Middlesex | 3/24/2021 |
Joseph A. Boncore | First Suffolk and Middlesex | 3/31/2021 |
Susan L. Moran | Plymouth and Barnstable | 4/2/2021 |
Michael J. Barrett | Third Middlesex | 4/7/2021 |
Diana DiZoglio | First Essex | 4/16/2021 |
Adam G. Hinds | Berkshire, Hampshire, Franklin and Hampden | 4/22/2021 |
Sal N. DiDomenico | Middlesex and Suffolk | 4/27/2021 |
John J. Cronin | Worcester and Middlesex | 5/11/2021 |
Marc R. Pacheco | First Plymouth and Bristol | 5/12/2021 |
Erika Uyterhoeven | 27th Middlesex | 6/3/2021 |
SENATE DOCKET, NO. 146 FILED ON: 1/15/2021
SENATE . . . . . . . . . . . . . . No. 524
By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 524) of James B. Eldridge, Ruth B. Balser, Tami L. Gouveia, Brendan P. Crighton and other members of the General Court for legislation to preserve open space in the commonwealth. Environment, Natural Resources and Agriculture. |
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 preserving open space in the commonwealth.
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 3 of the General Laws is hereby amended by inserting after section 5 the following section:-
Section 5A. (a) In order to change the use of or otherwise dispose of land or easements taken or acquired pursuant to Article XCVII of the Amendments to the Constitution of the commonwealth or designated in perpetuity for Article XCVII purposes, the commonwealth, any agency, authority, board, bureau, commission, committee, council, county, department, division, institution, municipality, officer, quasi-public agency, public instrumentality or any political subdivision thereof, shall: (i) perform an alternatives analysis and notify the public and the secretary of energy and environmental affairs; (ii) identify replacement land, not already so taken, acquired or dedicated, that is of equal or greater natural resource value as determined by the secretary of energy and environment, acreage, fair market value and of comparable location; and (iii) dedicate the replacement land identified pursuant to clause (ii) in perpetuity for the same Article XCVII purposes. Upon request, the secretary of energy and environmental affairs may waive the replacement land requirement pursuant to clauses (ii) and (iii) of the first sentence, if the disposition is a transfer between public entities and does not involve any other change, including, but not limited to, a change allowing the land to be used for other purposes.
(b) Any petition to the general court to authorize the use for other purposes or otherwise dispose of land or easements taken or acquired pursuant to Article XCVII of the Amendments to the Constitution of the commonwealth or designated in perpetuity for Article XCVII purposes shall be accompanied by the alternatives analysis and a description of the land to be dedicated pursuant to subsection (a) or a copy of any waiver provided for in said subsection (a).
SECTION 2. The secretary of energy and environmental affairs shall promulgate regulations to implement subsection (a) of section 5A of chapter 3 of the General Laws within 1 year of passage of this act.