HOUSE DOCKET, NO. 4009        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 894

The Commonwealth of Massachusetts

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PRESENTED BY:

Lindsay N. Sabadosa and Aaron L. Saunders

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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 forest management and practices guidelines.

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PETITION OF:

HOUSE DOCKET, NO. 4009        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 894

The Commonwealth of Massachusetts

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

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An Act relative to forest management and practices guidelines.

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 51 of Chapter 132, as so appearing, is hereby amended by striking out subsection 2 and inserting in place thereof the following section-:

(2) promoting the development and increased use and affordability of renewable energy resources demonstrating the role of renewable energy sources and carbon sequestration in addressing the current concerns of air quality, greenhouse emissions, and forest management practices, establishing applied research and development activities that examine and promote best available control technology serving as a depository of information regarding renewable energy resources, providing consulting and technology transfer assistance to the public sector in an effort to help public institutions replicate best available practices in incorporating renewable energy strategies into existing and future construction and providing a forum for public education and training regarding renewable energy and related application;

SECTION 2. (a) Notwithstanding any general or special law to the contrary, the department of conservation and recreation shall conduct a formal review of its coordinated management guidelines for sustainable forestry practices created pursuant to section 2F of 15 chapter 21 of the general laws, as appearing in the 2020 Official Edition, and the operations of 16 the division of forest and parks, as described in chapter 132 of the general laws, as so appearing. The department will conduct the same review of the watershed lands under its care. The Division of Fisheries and Wildlife shall conduct the same review for lands and waters under the administration of the Division of Fisheries and Wildlife.

(b) The Committee on Environment, Natural Resources and Agriculture shall appoint a “Public Land Management Advisory Council” (hereinafter referred to as “Council”). The Council shall consist of nine members, including: the commissioner of the Department of Conservation and Recreation or a designee, the director of the Division of Fisheries and Wildlife or a designee, one expert in the field of plant ecology, one expert in the field of nongame wildlife and endangered species, one member from the Native Plant Trust or the Native Tree Society; one member from the Woodwell Climate Research Center; one member who has technical training and experience in the field of soil or watershed science; and two members of the public with experience in natural area conservation. The Council will coordinate and oversee the ongoing review process of both agencies.

(c) Said reviews shall occur every five years to (i) assess the efficacy of the department’s and division’s existing forest management practices to protect and preserve the commonwealth’s natural resources; (ii) review the department’s landscape designation process and make recommendations for operational improvements, increased transparency, and improved opportunities for public participation; (iii) conduct an equivalent review for the divisions’ properties; (iv) make recommendations for any statutory changes needed to improve the department’s and division’s management of public and private forest land; (v) assess opportunities to increase acreage of forest reserves, with particular consideration for old growth forests with the goals of designating a minimum of 30% of the department’s watershed lands and 30% of the division’s publicly owned wildlife management areas as reserves by December 31, 2030; (vi) make recommendations for transparency and accountability improvements for the department and the division, including, but not limited to, proposed statutory changes to codify advisory committees and administrative bodies overseeing forest management; (vii) identify opportunities for nature-based solutions to maximize the utilization of forest land to meet the commonwealth’s emissions reduction goals; (viii) assess the department’s and division’s preparedness to manage and mitigate climate change impacts on public and private forest land; (ix) assess the commonwealth’s capacity for carbon sequestration on public forest land as a method to mitigate climate change; (x) conduct an ongoing science-based review and evaluation of the impacts of land management policies and practices on biodiversity, with a goal of protecting and restoring native species to their long-term historic ranges and population levels.

(d) The forests and parks of the commonwealth now under the care, custody and control of the commissioners and subject to the formal review shall not be leased, sold, or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed, except as a response to a known forest management emergency, and no commercial activities except those essential to the quiet enjoyment of the facilities by the people shall be permitted on such lands until the department and the division have submitted their findings to the clerks of the house of representatives and the senate, the joint committee on ways and means and the joint committee on environment, natural resources and agriculture, pursuant to Section 4 of this act.

SECTION 3. The department and the division shall identify all existing reserve areas designated as of January 1, 2023 on lands under their authority, expand the reserves where appropriate going forward.

SECTION 4. The department and the division shall solicit public input on their forest management practices as part of the review process. Not later than March 1, 2025, the department and the division shall (i) hold no fewer than 4 public hearings in geographically-diverse regions to receive public testimony on forest management in the commonwealth and shall provide for remote participation; and (ii) solicit and accept written and electronic testimony submissions from the public. Not later than May 1, 2025, the department and the division shall release a draft report of their findings and solicit public comment for at least 30 days.

SECTION 5. The department and division shall submit their findings, along with any updated guidelines, draft regulations, recommendations for statutory changes, and written comments and summaries of oral testimony submitted during public comment periods to the clerks of the house of representatives and the senate, the joint committee on ways and means and the joint committee on environment, natural resources and agriculture not later than June 30, 2025.