Bill S.561

SENATE DOCKET, NO. 2441 FILED ON: 2/19/2021

SENATE . . . . . . . . . . . . . . No. 561

By Mr. Hinds, a petition (accompanied by bill, Senate, No. 561) of Adam G. Hinds for legislation to promote and protect Massachusetts forests. Environment, Natural Resources and Agriculture.

The Commonwealth of Massachusetts

_______________

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

_______________

An Act promoting and protecting Massachusetts forests.

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 132 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 51 the following 3 sections:-

Section 52. For the purposes of Sections 52 to 54, inclusive, the following words shall have the following meanings:

“Buffer area”, an area on state-owned land immediately adjacent to an old growth forest that is of sufficient size and configuration, as determined by the secretary, for each old growth forest to protect the old growth forest from human activity and alteration and mitigate the effects of natural disturbances including, but not limited to wind, storms, fire, insect infestation, invasive species and disease.

“Old growth forest”, an area of contiguous forest on state-owned land that:

(1) shows no evidence of significant human disturbance that originated on the site;

(2) has a significant component of older trees that are greater than 50 percent of the maximum longevity for the particular species;

(3) is at least 5 acres in size; and

(4) has either: (i) the capacity for self-perpetuation; or (ii) the characteristics of a forest which are indicative of an old growth forest and which otherwise meets the criteria established by regulations of the secretary. Modification of this definition may be made by regulation to incorporate future scientific advances in the understanding of old growth forests.

“Old growth forest reserve”, forest area comprised of old growth forest and buffer area.

“Recommending party”, the commissioner of conservation and recreation or the commissioner of fish and game.

“Secretary”, the secretary of energy and environmental affairs.

“State-owned land”, forest land owned in fee by the commonwealth under the custody and control of the department of conservation and recreation or the department of fish and game.

“Existing Use”, any commercial or recreational project, facility, roadway, industrial or utility corridor, or the repair or future maintenance therein within its existing parameters:

(1) existing as of the date of enactment of this act, or

(2) approved under the Massachusetts Environmental Policy Act (“MEPA”) and where any required approvals and permits have been issued by state and federal agencies, as of the date of such enactment; provided such approvals or permits are valid and which if challenged in a timely judicial proceeding has been upheld by a final court order.

Section 53. (a) The secretary shall conduct an inventory of the forests on state-owned land to determine the extent and condition of old growth forest stands based on existing inventory data and assessments by the departments of conservation and recreation and the department of fish and game. The secretary shall direct such departments to conduct additional assessments and inventories as the secretary deems necessary. The preliminary identification of old growth forest stands should also include an estimate of necessary buffer areas, including an explanation of the rationale for the estimated size and shape of such buffer areas.

(b) The secretary may designate a reserve comprised of old growth forest, together with buffer areas, after the forest area has been presented by a recommending party to the secretary in accordance with regulations adopted by the secretary. In approving, rejecting or modifying a designation, the secretary shall consider:

(1) whether the area recommended is consistent with the definitions of old growth forest and buffer area;

(2) whether such designation is consistent with the ecological, historical, educational, cultural, economic, water supply, recreational and other public values of the area; and

(3) the role of the proposed area within a statewide old growth forest reserve system.

(c) If the recommended area appears to meet the definition of an old growth forest as set forth under this section and other criteria established by the secretary pursuant to this section, the secretary may designate it as an old-growth forest reserve after: (i) holding a public hearing within 180 days of the presentation to the secretary, to be held in the region where the the proposed old growth reserve is located; and (ii) consulting with elected officials of each town where the proposed old-growth reserve is located.

Section 54. (a) The secretary shall develop, in consultation with the recommending party and, if different, the administering agency, plans for the management and protection of old growth forest reserves. The secretary shall authorize the continuation of fishing and hunting in designated old growth forest reserves, unless prohibited by regulation. Notwithstanding the previous sentence, the administering agency, after such designation, may restrict or prohibit any activity of fishing and hunting if the agency determines the activity is not suitable for the proection and management of the old growth forest reserve. The secretary may also authorize the continuation of any existing use within the old growth forest reserve, provided such use does not significantly contribute to erosion or other harmful impacts on the forest resources. Upon a determination of the adequacy of a recommendation, the secretary shall establish a moratorium on any activity that is incompatible with the establishment of an old growth forest reserve at such location pending a final determination on designating such area an old growth forest reserve.

(b) The following uses and activities shall be prohibited within the boundaries of old growth forest reserves that have been designated by the secretary in accordance with the provsions under of section 53: (i) new commercial, industrial, roadway or utility development; (ii) new or expanded recreational facilities and uses involving physical impacts to vegetation or soils; and (iii) active timber management practices. Removal or alteration of vegetation and soils, and collecting or harvesting of plants shall be prohibited except in connection with a scientific investigation or restoration program approved by the secretary. The prohibitions in this paragraph shall not apply to emergency personnel in the event of a medical or public safety emergency in an old growth forest reserve. The secretary may approve other exceptions to the prohibitions by issuing a written declaration of emergency in the event of a major accidental, human-induced disturbance, including without limitations in the event of the introduction of exotic invasive plants, disease or insects threatens the integrity of an old growth reserve; a public health, or public safety emergency and to protect the health and well-being of the surrounding public and private forests. The secretary shall restrict management of invasive plants, diseases or insects to activities that are essential to the maintenance of the natural characteristics of the old growth forest reserves, and shall condition such activities to minimize interference with the development and maintenance of natural old growth forest conditions without harming the health and well-being of the surrounding public and private forests.

(d) Any person who violates this section or any regulation promulgated pursuant to this section shall be punished by a fine of not more than $5,000 or by imprisonment in a house of correction for not more than 1 year or both such fine and imprisonment. Each day such violation occurs or continues shall be considered a separate violation.

(e) The superior court shall have jurisdiction to enjoin violations of, or to grant such additional relief as it deems necessary or appropriate to secure compliance with this section upon petition of the secretary or the attorney general.

SECTION 2. The secretary of energy and environmental affairs shall establish a research and education program to monitor the status of forests within old growth forest reserves and to promote understanding of old growth forest reserves.

SECTION 3. Chapter 23J of the General Laws is hereby amended by inserting after section 6 the following new section:-

Section 6A. Statewide plan for protecting carbon sequestration in public and private woodlands and woodlots.

The Center shall undertake a study of public and private woodlands and woodlots in the Commonwealth to measure the aggregate amount of carbon sequestered in said woodlands and woodlots in the trees, roots and soil. Within 240 days of said study’s completion, the Center shall develop and implement a comprehensive statewide plan for the protection of both public and private woodlands and woodlots that shall include policies for maintaining, enhancing and protecting the carbon sequestered. The Center shall also work in collaboration with the Executive Office of Energy and the Environment to establish policies and procedures where the aggregate amount of the annual estimate of carbon sequestered in public and private woodlands and woodlots shall be included as part of the Commonwealth’s climate change goals and renewable energy targets, and carbon emission reduction goals as provided in the Green Communities Act.

SECTION 4. Section 11F½ of Chapter 25A of the General Law, 2016 Official Edition, is hereby amended:

1) In line 16, by striking out the word “biomass”;

2) In line 23-25 by striking out the phrase “provided, however, that facilities using biomass fuel shall be low emission, use efficient energy conversion technologies and fuel that is produced by means of sustainable forestry practices;”;

3) In line 33 by inserting after the words, “wood and”, in line 13, the following phrase “; (F) biomass; (G) municipal solid waste;”;

4) In line 33 by replacing the phrase “(F)” with (H)”.

5) In lines 36-37 by striking out the phrase “eligible biomass”;

6) In line 41 by striking out the phrase “eligible biomass”;

7) In line 47 by striking out the phrase “eligible biomass”;

8) In line 50 by inserting after the word, “feasible;”, the following word “and”;

9) In line 50 by striking out the phrase “eligible biomass”;

10) In lines 52-58 by striking out the phrase “; and (v) in consultation with the department of conservation and recreation, for forest-derived biomass, requirements that fuel shall be provided by means of conservation and recreation, for forest-derived biomass, requirements that fuel shall be provided by means of sustainable forestry practices; provided, however, that the department shall adopt any existing or new biomass fuel sustainability standards if deemed appropriate by the department after a public comment process.”.

SECTION 5. Section 8 of Chapter 23J of the General Laws is hereby amended by striking the following:- “low-emission advanced biomass power conversion technologies using such biomass fuels as wood, agricultural or food wastes; biogas, biodiesel or organic refuse-derived fuel;”

SECTION 6. Section 11F of Chapter 25A of the General Laws is hereby amended:

1) in clause (b) by striking out the phrase “low emission advanced biomass power conversion technologies using fuels such as wood, by-products or waste from agricultural crops, food or animals, energy crops, biogas, liquid biofuel including but not limited to biodiesel, organic refuse-derived fuel, or algae; or (9)”

2) in clause (c) by striking out the phrase “low emission advanced biomass power conversion technologies using fuels such as wood, by-products or waste from agricultural crops, food or animals, energy crops, biogas, liquid biofuel including but not limited to biodiesel, organic refuse-derived fuel, or algae; (8)”

3) in clause (d) by striking out the phrase “low emission advanced biomass power conversion technologies using fuels such as wood, by-products or waste from agricultural crops, food or animals, energy crops, biogas, liquid biofuel including but not limited to biodiesel, organic refuse-derived fuel, or algae; (9)”

SECTION 7. Section 44N of Chapter 149 of the General Laws is hereby amended by striking the word “biomass” from the definition of the term “Energy System”.

SECTION 8. Section 1 of Chapter 23J of the General Laws is hereby amended by striking the word “biomass” from the definition of the term “Clean Energy”.

SECTION 9. Section 1 of Chapter 164 of the General Laws is hereby amended:

1) by striking the word “biomass” from the definition for the term “alternative energy development”;

2) by striking the word “biomass” from the definition for the term “alternative energy property”;

3) by striking the phrase “and low emission advanced biomass power conversion technologies using such fuels such as wood, by-products or waste from agricultural crops, food or animals, energy crops, biogas, liquid biofuel including but not limited to biodiesel, organic refuse-derived fuel, or algae” from the definition for the term “renewable energy”;

4) by striking the word “biomass” in each appearance from the definition for the term “small power production facility”.

SECTION 10. Section 3 of Chapter 25A of the General Laws is hereby amended:

1) by striking the word “biomass” from the definition for the term “alternative energy development”;

2) by striking the work “biomass” from the definition for the term “alternative energy property”.

SECTION 11. The secretary of energy and environmental affairs shall file a report with the joint committee on environment, natural resources and agriculture within 1 year after the effective date of this act identifying the results of the inventory, the regulations developed, and the progress made in designating old growth forest reserves and the preparation of management plans for old growth forest reserves pursuant to sections 1 and 2 of this act.

SECTION 12. Forest Resilience Program

(a). For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meaning:-

“Forest resilience program”, a program overseen by the department of conservation and recreation that outlines forest practices to improve the resilience to climate change impacts and to increase the storage of carbon in forests enrolled. The implementation of these practices is shall be approved by the department of conservation and recreation in forest resilience plans and overseen by foresters licensed in compliance with sections 47 to 49 inclusive of chapter 132 of the general laws.

(b) Section 6 of chapter 61 of the general laws is hereby amended by adding the following new paragraphs:-

In addition to the preferential tax treatment provided to forest land landowners who maintain their property as open space for the purposes of timber production under this chapter, each said forest owner who has an approved 20-year forest resilience plan under the forest resilience program shall also be eligible for an annual grant to improve the stewardship of their forest. Such grants shall include, but not be limited to, reimbursement for costs associated with forest resilience practices. The department of conservation and recreation shall determine reasonable grant amounts for forest land owners, which may be guided by regional carbon markets and policies and incentives for natural and working lands under chapter 21N of the general laws.

The municipality where the forest land is located shall also be eligible for grant for the acreage of forest land with an approved 20-year forest resilience plan, the amount and terms of which shall be determined by the executive office of energy and environmental affairs in consultation with the department of conservation and recreation. The grant amount shall mitigate for some of the loss of tax revenue., such as a reimbursement grant, to improve the stewardship of their forest, to be determined by the department of conservation and recreation. The municipality where the forest land is located shall also be eligible for a grant valued per acre for such qualified forest land, the amount and terms of which shall be determined by the executive office of energy and environmental affairs in consultation with the department of conservation and recreation. Said grants to municipalities shall be not less than the per acre value for the municipality’s reimbursement per acre for state-owned land as determined by the state treasurer in sections 16 and 17 of chapter 58 of the General Laws.

The global warming solutions trust fund created in section 35ggg of chapter 10 of the general laws or other revenues from appropriations or other financial sources authorized by the general court, including but not limited to bond revenues, shall be utilized to fund grants and technical assistance under the 20-year forest resilience program to enhance the sequestration and storage of carbon by forest lands owners enrolled in the forest resiliency program.

The department of conservation and recreation shall administer said grant program.

SECTION 13. Section 6 of chapter 61 of the general laws is hereby amended by adding the following new paragraph:-

Any land in forest production use which is valued, assessed, and taxed under this chapter, and which is enrolled in the forest resilience program for a 20 year term, and which is sold for other use within a period of 20 years after the date of its acquisition or after the earliest date of its uninterrupted use by the current owner in forest production, whichever is earlier, shall be subject to a conveyance tax applicable to the total sales price of that land, which tax shall be in addition to taxes that may be imposed under any other law. Notwithstanding the previous sentence, no conveyance tax shall be assessed if the land involved, or a lesser interest in that land, is acquired for a natural resource purpose by the city or town in which it is situated, by the commonwealth or by a nonprofit conservation organization, but if any portion of the land is sold or converted to commercial, residential or industrial use within 10 20 years after acquisition by a nonprofit conservation organization, the conveyance tax shall be assessed against the nonprofit conservation organization in the amount that would have been assessed at the time of acquisition of the subject parcel by the nonprofit conservation organization had such transaction been subject to a conveyance tax. The conveyance tax shall be assessed on only that portion of land whose use has changed. The conveyance tax shall be at the following rate: 10 5 per cent if sold within the first two three years of ownership; 6 9 per cent if sold within the fourth fourth through seventh year of ownership; 8 per cent if sold within the sixth year of ownership; 7 per cent if sold within the eighth through eleventh eighth year of ownership; 6 per cent if sold within the tenth year of ownership; 5 per cent if sold within the twelfth year of ownership; 4 per cent if sold within the fourteenth year of ownership; 38 per cent if sold within the sixteenth eleventh through fifteenth year of ownership; 2 9 per cent if sold within the eighteenth fifteenth through eighteenth year of ownership; and 10 per cent if sold within the eighteenth through twentieth year of ownership. No conveyance tax shall be imposed under this section after the end of the twentieth year of ownership. The conveyance tax shall be due and payable by the grantor at the time of transfer of the property by deed or other instrument of conveyance and shall be payable to the tax collector of the city or town in which the property is entered upon the tax list, but in the case of taking by eminent domain, the value of the property taken shall be determined in accordance with chapter 79, and the amount of conveyance tax, if any, shall be added as an added value. If there is filed with the board of assessors an affidavit by the purchaser that the land is being purchased for forest production use, no conveyance tax shall be payable by the seller by reasons of the sale, but if the land is not in fact continued in this use for at least 5 consecutive years, the purchaser shall be liable for any conveyance tax that would have been payable on the sale as a sale for other use. The conveyance tax shall be assessed on only that portion of land for which the use has changed. Any conveyance tax collected by a municipality based on withdrawal from the forest resilience program must be used to increase the climate resilience of natural and working lands.

SECTION 14. Section 2 of chapter 61 of the general laws is hereby amended by adding the following new words after the phrase “at least every ten years” , or at least after every twenty years for the forest resilience program,

SECTION 15. Sections 1, 2, and 3 shall take effect on July 31, 2022.

SECTION 16. The department of conservation and recreation shall promulgate regulations no less than 180 days after passage of this act.

SECTION 17. Section 2 of Chapter 61 of the general laws shall be amended by changing “10” in line 1 to “3”.

SECTION 18. Section 40 of Chapter 132 of the General Laws is hereby amended by striking the second paragraph in its entirety and replacing it with the following:-

Therefore, it is hereby declared to be the policy of the commonwealth that all lands devoted to forest growth shall be kept in such condition as shall not jeopardize the public interests, and that the policy of the commonwealth shall further be one of cooperation with the landowners and other agencies interested in forestry practices to preserve forested lands for the betterment of the environment as a whole, to minimize cutting trees on all state-owned lands, except as necessary to maintain proper forest health and safety.

SECTION 19. Section 11F of Chapter 25A of the General Laws is hereby amended in subsection (b) by adding after the words solar thermal electric energy, the following:- “, provided, that the solar photovoltaic or solar thermal electric energy source was not constructed on previously forested lands”.

Name:	District/Address:
Adam G. Hinds	Berkshire, Hampshire, Franklin and Hampden