SENATE DOCKET, NO. 868        FILED ON: 2/9/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 598

The Commonwealth of Massachusetts

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PRESENTED BY:

Patrick M. O'Connor

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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 relative to the financing of dredging projects.

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PETITION OF:

SENATE DOCKET, NO. 868        FILED ON: 2/9/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 598

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 512 OF 2019-2020.]

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 relative to the financing of dredging projects.

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. Section 11 of chapter 91 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended, in lines 21 and 22, by removing the words "Soil Conservation Service of the United States Department of Agriculture" and inserting in place thereof the words "Soil Conservation Service of the United States Department of Agriculture or the United States Army Corps of Engineers";

SECTION 1. Section 11 of chapter 91 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended, in lines 24, by removing the words "Soil Conservation Service is" and inserting in place thereof the words "Soil Conservation Service or the United States Army Corps of Engineers are";

SECTION 2. Section 11A of chapter 91 of the General Laws, as so appearing, is hereby amended by adding the following:-

Unless otherwise authorized, the department may participate in funding projects up to 75 per cent for dredging projects and up to 50 per cent for all other work authorized under this section.

SECTION 3. Chapter 91 of the General Laws, as so appearing, is hereby amended by adding after section 11A, the following new section:-

Section 11B.  The commissioner

The commissioner of the department of conservation and recreation, hereinafter referred to in this section as the commissioner, may receive and hold in trust on behalf of the commonwealth, exempt from taxation, bequests, restitutions or gifts to be used for the purpose of advancing the repairs and improvements to the harbors and inland waterways as identified under Sections 11 and 11A of this chapter and conservation interests of the commonwealth and shall administer the same in such manner as to carry out the terms of such bequests, restitutions or gifts, and he may accept on behalf of the commonwealth and the Division of Waterways to be held and managed for said purposes.

Said trust properties shall be known as the Waterways Trust and shall be used and expended under the direction of the commissioner and subject to his orders. Subject to the term of such grant, restitution, gift, devise or bequest, the commissioner may expend such funds, whether principal or income, without further appropriation.