HOUSE DOCKET, NO. 3399        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4018

The Commonwealth of Massachusetts

_________________

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 relative to transportation resiliency planning.

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PETITION OF:

HOUSE DOCKET, NO. 3399        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4018

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to transportation resiliency planning.

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 6C of the General Laws is hereby amended by adding the following section:-

Section 79. (a) For the purposes of this section the following words shall, unless the context requires otherwise, have the following meanings:

“Adaptation”, adjustments in natural or human systems in response to actual or expected climatic stimuli and associated impacts, including but not limited to changes in processes, practices and protocols to increase resiliency of built and natural structures, moderate potential damages or benefit from opportunities associated with climate change.

“Adaptation cost assessment”, a determination of the life cycle financial cost of infrastructure procured and infrastructure improvements made to implement the adaptation strategies identified in a vulnerability assessment. The adaptation cost assessment shall include: (i) estimated financial costs associated with procurement, construction, maintenance, retrofits and other related improvements made to said infrastructure; and (ii) the estimated financial cost savings resulting from the abated climate risk associated with said infrastructure procurement and improvement. The adaptation cost assessment shall evaluate said infrastructure from its construction or acquisition to its decommissioning. The adaptation cost assessment may include an estimation of the financial value of the co-benefits resulting from said infrastructure procurements and improvements.

“Vulnerability assessment”, an evaluation of degree of susceptibility to, or ability to cope with, adverse effects of climate change, such as climate variability and extremes, including an evaluation of adaptive capacity and subsequent adaptation strategies and options for the asset, system, institution or other subject being assessed.

(b) In addition to any vulnerability assessment required pursuant to subsection (b) of section 10 of chapter 21N, the department and each division and authority under the control of the department shall complete a vulnerability assessment and an adaptation cost assessment pertaining to all assets comprising the metropolitan highway system.

The vulnerability assessment shall: (i) identify adaptation solutions to be prioritized based on severity of asset vulnerability, level of anticipated climate risk, safety risk to users, riders and workers if vulnerability is not addressed; and (ii) identify whether the asset is located in or serves an environmental justice community. Adaptation solutions shall:(i) identify any opportunities to work in partnership with abutting landowners and municipalities in the implementation of adaptation solutions; and (ii) include the identification of solutions that are reflected in municipal hazard mitigation plans and additional planning efforts related to the municipal vulnerability preparedness grant program. Every 2 years, the department shall review and update the vulnerability assessment and adaptation cost assessment required pursuant to this subsection.

(c) The department and each division and authority under the control of the department shall complete a vulnerability assessment and an adaptation cost assessment pertaining to all equipment and mass transportation facilities as defined in section 1 of chapter 161A.

Each vulnerability assessment shall: (i) identify adaptation strategies to be prioritized based on severity of asset vulnerability, level of anticipated climate risk and safety risk to users, riders and workers if vulnerability is not addressed; (ii) identify whether the asset is located in or serves an environmental justice community; (iii) identify the authority’s plan to provide replacement or alternative service to sustain the current level of service to riders in the event assets are unsuitable to operate due to damage associated with climate risks, including, but not limited to, flooding, extreme heat, excessive snow and ice and other extreme weather events; and (iv) include the cost of any temporary or extended use facilities required to provide ongoing access or detours for roads and bridges during their replacement or repair. Adaptation solutions shall: (i) identify any opportunities to work in partnership with abutting landowners and municipalities; and (ii) include identification of solutions that are reflected in municipal hazard mitigation plans and additional planning efforts related to the municipal vulnerability preparedness grant program Every 2 years, the department and each division and authority under the control of the department shall review and update the vulnerability assessments and cost adaptation assessments required pursuant to this subsection.

(d) The vulnerability assessments and adaptation cost assessments required pursuant to subsections (b) and (c) shall be completed within 18 months of the enactment of this section. Every 2 years following the enactment of this section, the secretary of the department shall provide a report detailing progress toward the vulnerability and adaptation cost assessments required pursuant to said subsections (d), (e) and (f) to the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means and the chairs of the joint committee on transportation.

SECTION 3. Section 5 of chapter 161A of the General Laws, as so appearing, is hereby amended by inserting after the word “act”, in line 111, the following words:- , capital investments identified as priority adaptation strategies in the department’s vulnerability assessment.

SECTION 4. Chapter 161B of the General Laws is hereby amended by adding the following section:-

Section 28. (a) For the purposes of this section the following words shall, unless the context requires otherwise, have the following meanings:

“Adaptation”, adjustments in natural or human systems in response to actual or expected climatic stimuli and associated impacts, including but not limited to changes in processes, practices and protocols to increase resiliency of built and natural structures, moderate potential damages or benefit from opportunities associated with climate change.

“Adaptation cost assessment”, a determination of the life cycle financial cost of infrastructure procured and infrastructure improvements made to implement the adaptation strategies identified in a vulnerability assessment. The adaptation cost assessment shall include: (i) estimated financial costs associated with procurement, construction, maintenance, retrofits and other related improvements made to said infrastructure; and (ii) the estimated financial cost savings resulting from the abated climate risk associated with said infrastructure procurement and improvement. The adaptation cost assessment shall evaluate said infrastructure from its construction or acquisition to its decommissioning. The adaptation cost assessment may include an estimation of the financial value of the co-benefits resulting from said infrastructure procurements and improvements.

(b) All regional transit authorities, as established in section 2, shall complete a vulnerability assessment and an adaptation cost assessment.

The vulnerability assessment and adaptation cost assessment shall pertain to all equipment and mass transportation facilities as defined in section 1 of chapter 161A. The vulnerability assessment shall: (i) identify adaptation strategies to be prioritized based on severity of asset vulnerability, level of anticipated climate risk and safety risk to riders and workers if vulnerability is not addressed; (ii) identify whether the asset is located in or serves an environmental justice community; and (iii) identify the authority’s plan to provide replacement or alternative service to sustain the current level of service to riders in the event assets are unsuitable to operate due to damage associated with climate risks, including but not limited to flooding, extreme heat, excessive snow and ice, and other extreme weather events. Adaptation solutions shall: (i) identify any opportunities to work in partnership with abutting landowners and municipalities; and (ii) include identification of solutions that are reflected in municipal hazard mitigation plans and additional planning efforts related to the municipal vulnerability preparedness grant program.  Every 2 years, each regional transit authority shall review and update the vulnerability assessments and cost adaptation assessments required pursuant to this subsection.

(c) The vulnerability assessment and adaptation cost assessment required pursuant to subsection (b) shall be completed within 18 months of the enactment of this section. Every 2 years following the enactment of this section, the secretary of the regional transit authority council shall provide a report detailing progress toward the vulnerability and adaptation cost assessments required pursuant to said subsection (b) to the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means and the chairs of the joint committee on transportation.

SECTION 5. Chapter 465 of the acts of 1956 is hereby amended by adding the following section:-

Section 37. (a) For the purposes of this section the following words shall, unless the context requires otherwise, have the following meanings:

“Adaptation”, adjustments in natural or human systems in response to actual or expected climatic stimuli and associated impacts, including but not limited to changes in processes, practices and protocols to increase resiliency of built and natural structures, moderate potential damages or benefit from opportunities associated with climate change.

“Adaptation cost assessment”, a determination of the life cycle financial cost of infrastructure procured and infrastructure improvements made to implement the adaptation strategies identified in a vulnerability assessment. The adaptation cost assessment shall include: (i) estimated financial costs associated with procurement, construction, maintenance, retrofits and other related improvements made to said infrastructure; and (ii) the estimated financial cost savings resulting from the abated climate risk associated with said infrastructure procurement and improvement. The adaptation cost assessment shall evaluate said infrastructure from its construction or acquisition to its decommissioning. The adaptation cost assessment may include an estimation of the financial value of the co-benefits resulting from said infrastructure procurements and improvements.

“Vulnerability assessment”, an evaluation of degree of susceptibility to, or ability to cope with, adverse effects of climate change, such as climate variability and extremes, including an evaluation of adaptive capacity and subsequent adaptation strategies and options for the asset, system, institution or other subject being assessed.

(b) The Authority shall complete a vulnerability assessment and an adaptation cost assessment pertaining to all equipment and mass transportation facilities as defined in section 1 of chapter 161A of the General Laws.

Each vulnerability assessment shall: (i) identify adaptation strategies to be prioritized based on severity of asset vulnerability, level of anticipated climate risk and safety risk to users, riders and workers if vulnerability is not addressed; (ii) identify whether the asset is located in or serves an environmental justice community; (iii) identify the authority’s plan to provide replacement or alternative service to sustain the current level of service to riders in the event assets are unsuitable to operate due to damage associated with climate risks, including, but not limited to, flooding, extreme heat, excessive snow and ice and other extreme weather events; and (iv) include the cost of any temporary or extended use facilities required to provide ongoing access or detours for roads and bridges during their replacement or repair. Adaptation solutions shall: (i) identify any opportunities to work in partnership with abutting landowners and municipalities; and (ii) include identification of solutions that are reflected in municipal hazard mitigation plans and additional planning efforts related to the municipal vulnerability preparedness grant program Every 2 years, the department and each division and authority under the control of the department shall review and update the vulnerability assessments and cost adaptation assessments required pursuant to this subsection.

(c) The vulnerability assessment and adaptation cost assessment required pursuant to subsection (b) shall be completed within 18 months of the enactment of this subsection. Every 2 years following the enactment of this section, the A shall provide a report detailing progress toward the vulnerability and adaptation cost assessments required pursuant to said subsection (b) to the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means and the chairs of the joint committee on transportation.