Skip to Content


SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2263

Senate, July 10, 2014– Text of the Senate amendment to the House Bill providing for the preservation and improvement of land, parks and clean energy in the Commonwealth (House, No. 4150) (being the text of Senate, No. 2242, printed as amended)

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Fourteen

_______________

 

              SECTION 1.  To provide for a program of improvement and preservation of the energy and environmental assets of the commonwealth, the sums set forth in this act, for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the provisions of law regulating the disbursement of public funds, which sums shall be in addition to any other amounts previously appropriated for these purposes.

              SECTION 2.

              EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

              Office of the Secretary.

              2000-7053  For improvements and replacements to the infrastructure and holdings of the executive office of energy and environmental affairs; provided, that these improvements or replacements may include, but shall not be limited to, buildings, equipment, vehicles and communication and technology equipment; and provided further, that any expenditures for communication and technology equipment under this item shall be subject to the approval of the chief information officer of the commonwealth………………………...... $10,000,000

              2000-7029 For a grant program to assist and provide funding to conservation districts as defined in sections 19 to 24, inclusive, of chapter 21 of the General Laws, to perform innovative projects to conserve the soil, water and related natural resources of the commonwealth including, but not limited to, conservation education, demonstration projects, the MassEnvirothon and other projects related to water and soil conservation; provided, that the program shall be administered by the director of  conservation services in the executive office of energy and environmental affairs…………………………………………………………..…………$1,625,000

              Department of Environmental Protection.

              2200-7021  For investment in water and air quality protection, $5,000,000 shall be expended as required to meet the legislative and regulatory requirements of the Rivers Protection Act, the federal and state Clean Water Acts and the Massachusetts Wetlands Protection Act and to provide for integrated energy and environmental projects to optimize and preserve environmental quality and public health and  provide for appropriate protection, restoration, management and best use of air, energy, water and land resources, assets and infrastructure; provided, that this funding may include, but shall not be limited to, research, studies and the collection of data to support investment in environmental assets, research and studies which shall include, but not be limited to, studies of water quality, the development of wetlands conservancy and tidelands Geographic Information System, or GIS, maps, the implementation of water quality monitoring initiatives, the collection and analysis of water quality samples and the development of water quality analyses known as Total Maximum Daily Loads or TMDLs, the assessment of water quality health and impaired use of waterways,  projects related to nonpoint and point sources of water pollution and the wetlands circuit rider program; provided further, that funds may be expended for local grants and research for implementation of the commonwealth’s Sustainable Water Management Initiative, such grants and research to provide the data necessary for municipalities to invest in efficient and effective mitigation practice to restore and preserve the commonwealth’s water resources, assets and infrastructure; provided further, that funds authorized in this item may be used for the purposes of the department’s statewide air monitoring network which may include, but shall not be limited to, photochemical assessment monitoring stations, small particulate monitoring and air toxins monitoring; provided further, that funds authorized in this item may include the upgrade of equipment to comply with federal requirements; provided further, that $4,000,000 shall be expended for evaluating the efficacy of adaptive management measures to reduce nitrogen pollution of coastal waterways undertaken pursuant to an approved area-wide water quality plan adopted pursuant to the federal Clean Water Act and to monitor the water quality of areas subject to the study and to support further assessment and water quality modeling to further refine the study; provided further, that $10,000,000 shall be expended to clean up the Connecticut River that runs through several municipalities so that the river may be in accordance with the federal Clean Water Act; provided further, that $7,000,000 shall be expended as a matching grant for the reconstruction of the Whitla drive sewer pumping station in the city of Worcester and for related improvements to reroute, extend and expand the capacity of the sewer system in the United States highway route 20  corridor in the city of Worcester and the town of Millbury and to connect the extension with the existing regional wastewater treatment facility including, without limitation, the cost of engineering and design, to protect public health and reduce the existing threat of sewerage overflow discharge into Lake Quinsigamond and the Broad Meadow Brook wildlife sanctuary; provided further, that $5,100,000 shall be expended for the construction of a sludge landfill and for related improvements to the landfill at the wastewater treatment facility located in the city of Attleboro; provided further, that funds shall be expended for the purchase and installation of filters for the removal of manganese and iron from the water in the town of Sharon; provided further, that $500,000 shall be expended for the construction of a new salt storage shed at the Norwell Highway Department to protect the quality of water in the town of Norwell; provided further, that  $350,000 shall be expended to construct stormwater improvements to improve the quality of water entering the Little River and Westfield River in the area of Mainline drive and United States highway route 20 in city of Westfield; provided further, that  $600,000 shall be expended for  engineering, planning, construction and related infrastructure for stormwater drainage management at Westfield-Barnes Regional Airport; provided further, that $350,000 shall be expended for the replacement of the department of public works facility fueling station underground storage tanks in the town of Millbury; provided further, that $6,000,000 shall be expended as a grant for engineering, planning, construction and related infrastructure and equipment to establish and connect to an alternate public water supply source for the town of Charlton to replace the town’s unsafe and contaminated existing public water supply source; provided further, that not less than $250,000 shall be expended to the Jones River Watershed Association for the assessment of condition, feasibility and benefits of removing the Elm street dam and for culvert replacement and stormwater upgrades below Forge Pond dam; provided further, that $2,500,000 shall be expended for water and sewer improvements in the town of Wayland; provided further, that $2,000,000 shall be expended for a grant program to incentivize the use of green technologies; provided further, that $4,500,000 shall be expended for investment in water quality restoration of degraded estuarine habitat for projects deemed consistent with a current area-wide water resources management plan adopted under section 208 of the federal Clean Water Act; provided further, that this funding shall be used to fund pilot projects that test innovative and green wastewater management technologies and approaches including, but not limited to,  onstructed wetlands, hydroponic treatment, phytoirrigation and phytobuffers, stormwater: bioretention and soil media filters, stormwater: constructed wetlands, aquaculture and shellfish, phytoremediation, permeable reactive barriers or PRBs, fertigation wells, "toilets: composting", "toilets: incinerating","toilets: packaging", "toilets: urine diverting”, fertilizer management, stormwater BMPs, inlet and culvert widening, restoration of coastal habitats, floating islands, pond and estuary circulators, surface water remediation wetlands, innovative, alternative or I/A system, innovative or alternative or IAI/A enhanced systems, effluent disposal - soil absorption system or SAS, effluent disposal - injection well, effluent disposal - wick well, next generation on-site system technologies, small scale MBR, on-site grey water treatment, digester and combined heat power unit, switch from fuels that deliver nitrogen to watersheds, commercial disposal, dewater and haul to landfill, composting, incineration, lime stabilization, digestion, thermal drying, drying and gasification; provided further, that this funding shall be used to provide financing for projects required to achieve department of environmental protection established total maximum daily loads in the event that the piloting of an innovative technology fails to achieve total maximum daily load compliance; provided further, that this funding shall be used to install sustainable technologies including, but not limited to, co-digestion, resource recovery, organic waste treatment and cogeneration at wastewater treatment facilities that address regional needs consistent with the water resources management plan adopted under said section 208 of said federal Clean Water Act; provided further, that not less than $150,000 shall be expended for drainage and other town common improvements in the town of Royalston; provided further, that funds may be expended for water line and water quality improvements in the town of Hadley; provided further, that not more than $500,000 shall be expended to acquire land for the protection of drinking water well field resources in the town of Dighton; provided further, that the commonwealth shall match, on a 1 to 1 basis, the construction costs of a water treatment plan mandated by the department of environmental protection for the towns of Randolph, Braintree and Holbrook; provided further, that $1,000,000 shall be expended to refit the Lucaya pumping station in the town of Burlington; and provided further, that not less than $1,000,000 shall be expended to protect public health and reduce the existing threat of sewerage overflow discharged into the Connecticut river as part of the Dwight, Heritage and Front street combined sewer improvement project in the city of Holyoke ………..$75,400,000

              Department of Fish and Game.

              2300-7021  For enhancements, improvements, removal and replacements to the infrastructure and holdings of the department of fish and game and its divisions; provided, that funds shall be available for the costs of studies, plans, engineering and other services essential to such enhancements, improvements, removal and replacements; provided further, that such enhancements, improvements, removals and replacements may include, but shall not be limited to, buildings and other structures, equipment, vehicles, vessels, information systems and site clearance, including the demolition of structures, and other holdings including remediation of environmental compliance matters throughout the commonwealth; and provided further, that funds shall be available for the planning, design, construction and repair of existing and new facilities under the care and control of the department of fish and game and its divisions including, but not limited to, education centers, district headquarters, hatcheries, office buildings, storage buildings, shooting ranges, dams and laboratories.............................................$4,500,000

              2300-7027   For the fresh water aquatic fisheries restoration which shall include establishing benchmarks to identify and target the conservation natural fisheries communities, establishing protection goals for high quality fish communities and for the execution of fisheries habitat restoration projects on natural fish communities as identified by the division of fisheries and wildlife after taking into account the current State Wildlife Action Plan and for other related costs which shall include, but not limited to, any required fish and habitat research and mapping, management, monitoring and equipment; provided, that such projects may be carried out in cooperation with not-for profit organizations or agencies; and provided further, that expenditures from this item shall be subject to approval by the commissioner of fish and game……$4,000,000

              2300-7028   For marine fisheries restoration, support of local commercial and recreational fisheries, development of best marine fisheries science to guide management decisions, preparation of technical guidance and fisheries management plans, as approved by the director of marine fisheries and the commissioner of fish and game and for related costs which shall include, without limitation, fish and habitat research and mapping, restoration, management, monitoring, data collection, technical assistance, management studies and equipment; and provided further, that $2,000,000 shall be expended for conducting a fishing capacity reduction program for the Northeast multispecies fishery…………….$4,000,000

              Department of Conservation and Recreation.

              2800-7035 For the design, construction, reconstruction, rehabilitation, repair or removal of state-owned dams for which emergency action is required and for inland flood control projects on state-owned land and any related facilities and equipment; provided, that the department of conservation and recreation shall give priority to dams and flood control projects which pose the greatest risk to public health or safety, the environment or is included in this item, subject to applicable law and regulation; provided further, that funds shall be available for a program of planning, permitting and construction of fish ways and other aquatic habitat improvements, including the removal or breaching of selected dams and impoundments on state-owned land and waterways; and provided further, that funds shall be expended to purchase and install a fourth pump at the Amelia Earhart Dam in the city of Somerville ……………………..$20,000,000

              2800-7032  For natural resource restoration and protection and to ensure compliance with stormwater management and the federal Clean Water Act, including enhanced environmental compliance with laws and regulations and improvement and costs associated with site assessment, containment, cleanup, control, removal of or response actions concerning hazardous materials or substances at forests, parks, reservations and other properties of the department of conservation and recreation; provided, that $270,000 shall be expended for flood control projects in the town of Millis ………………………………………………….……$24,270,000

              2800-7107  For the design, construction, reconstruction, improvement or rehabilitation of department or navigable coastal and inland waterways projects including, but not limited to, coastal protection, structures, dredging, river and stream cleaning, coastal structure maintenance, piers, dune stabilization, culvert repair, renourishment, erosion control, waterfront access and transportation improvements and related facilities and equipment; provided further, that $2,500,000 shall be expended for the restoration of the beach area located between the east bank of the Nashua River and Boylston street in the town of Clinton; provided further, that funds shall be expended to improve the water quality and sedimentation quality and river health of the Charles River which shall include sediment mitigation in accordance with the Clean Charles River Initiative; provided further, that $8,775,000 shall be expended for the design and construction of phase 1 of the Hoosic River Restoration Project in the city of North Adams; provided further, that $500,000 shall be expended to improve the water outflow of Blacks Creek at Wollaston Beach in the city of Quincy as relating to flood control of Blacks Creek and adjoining Furnace Brook in the city of Quincy; provided further, that $3,000,000 shall be expended to improve public access to the Merrimack River in the city of Haverhill; provided further, that $500,000 shall be expended to allow the town of Arlington to fulfill a matching grant requirement from the Federal Emergency Management Agency to implement major flooding mitigation measures along Mill Brook; provided further, that $1,975,000 shall be expended for the Vegetation Management Plan at Whitman’s Pond  in the city known as the town of Weymouth; provided further, that not less than $1,000,000 shall be expended for the creation of a flood management feasibility study for the Saugus River in the town of Wakefield; provided further, that $4,000,000 shall be expended for the repair and maintenance of the Godfrey Brook in the town of Milford; provided further, that $1,000,000 shall be expended to the town of Pembroke for the dredging of Furnace pond; provided further, that $100,000 shall be expended for the installation of oyster reefs in any estuaries in the town of Falmouth; provided further, that $75,000 shall be expended for the construction and operation of test wells for hydrogeological investigation of peninsulas abutting the south coast estuaries in the town of Falmouth; provided further, that not less than $5,000,000 shall be provided to the town of Sandwich for restoration and ongoing maintenance of East Sandwich Beach; provided further, that not less than $2,000,000 shall be expended for dredging of the harbor around the T-Wharf in the town of Plymouth; provided further, that $200,000 shall be expended for the repair and reconstruction of a culvert on Hull street in the town of Wenham; provided further, that $10,000,000 shall be expended for the preservation of historical naval vessels berthed in Battleship Cove in the city of Fall River; provided further, that $3,000,000 shall be expended for the purchase of at least 750,000 cubic feet of soil suitable for near shore placement in the towns of Newbury and Salisbury and the city of Newburyport; provided further, that $3,500,000 shall be expended for the alteration of the Squantum Point park pier and breakwater in the city of Quincy to be compliant with the Americans with Disabilities Act; provided further, that $1,750,000 shall be expended for the design, permitting and construction, including pertinent dredging, for the first phase of a river walk along the Saugus river waterfront near state highway route 107 in the town of Saugus; and provided further, that not less than $3,500,000 shall be expended for the planning, design, construction and any other associated costs for the construction of a culvert barrier in the town of Wellesley along state highway route 9 and the Lexington road intersection..………………………………………………..$68,950,000

              2800-7108 For the purpose of all nonfederal costs associated with designated port area dredging projects including, but not limited to, the dredging and the disposal of dredged materials from the coastal public harbors channels, anchorages and waterways and publicly-owned berths within designated port areas and approach channels thereto and other public tidewaters, nontidewaters, tidal flats and waterways as set forth in section 10 of chapter 91 of the General Laws and including, but not limited to, maintenance dredging projects as defined in 310 CMR 9.00 and maintenance dredging projects with a subsidiary improvement dredging component; provided, that the department shall recommend the allocation and priority of funding for designated port area dredging projects based upon a designated port area dredging plan and consisting of those projects that are qualified by: (i) having received all applicable dredging permits and other required environmental approvals; and (ii) demonstrating the availability of other funding or written commitments for such other funding or financial assistance necessary to complete the project; provided further, that the department may recommend that funds be allocated sooner when, in an emergency, it finds that certain designated port area dredging projects should be undertaken prior to the completion of the designated port area dredging plan, if the project is otherwise qualified; provided further, that a portion of the funds authorized in this item may be used for the proper disposal of dredged materials as determined necessary through the course of environmental review and related expenses to mitigate any adverse environmental impacts; provided further, that such funds may be used for any associated costs related to this item which may include, but shall not be limited to, design, engineering inspections, audits and legal services; and provided further, that grants for coastal dredging projects may be made to cities and towns……………………………………………..$20,000,000

              2800-7027  For the acquisition of land and interests in land by the department of conservation and recreation and for associated costs, including planning, study, due diligence, title and appraisal services, site restoration and stewardship; provided, that funds may be used for development and implementation of a stewardship program on lands under the care and control of the department including, but not limited to, resource and land use monitoring, signage, boundary delineation and monitoring, preparation of baseline documentation, stewardship planning, ecological monitoring and enforcement of conservation restrictions or detection and resolution of encroachments on land owned in fee simple and repair of damage to property related to illegal uses, including off-road vehicle trespass; and provided further, that funds may be used for inventory, restoration and reclamation of recently acquired land, including demolition of structures, removal of debris, eradication of non-native species and other services essential to these reclamation efforts; and provided further, that $10,000,000 shall be expended for the restoration of and construction of improvements to Fort Taber and Fort Rodman at Clark's Cove in the city of New Bedford, including expansion of the Fort Taber and Fort Rodman Military Museum; provided further, that the department of conservation and recreation, in conjunction with the central Massachusetts regional planning commission, shall conduct a study on the feasibility of repairing and reusing an abandoned property located in the town of Princeton, under the ownership of the department and known as the Superintendent’s House; provided further, that the study shall evaluate the feasibility of repairing and reusing the abandoned property to create a historical, outdoor recreational, cultural or natural learning center and investigate potential public and private partnerships for funding a repair project; provided further, that not more than $50,000 shall be expended for the feasibility study for the Superintendent’s House; provided further, that $7,500,000 shall be expended to begin contaminated sediment remediation in the Neponset river in the area of the Baker dam and the Tileston and Hollingsworth dam and for land acquisition adjacent to the Neponset river near Truman parkway in the town of Milton and for cleanup and the design and construction of a park and canoe launch located at the aforementioned property; and provided further, that the department of environmental protection shall vigorously continue its investigation to identify the responsible parties for the pollution and shall collaborate with the attorney general to recover these funds from the responsible parties …………………………………………$57,550,000

              2840-7027  For the design, construction, reconstruction, repair, improvement or rehabilitation of flood control facilities and water resource protection related facilities of the department of conservation and recreation, including its various pump stations and structures..........................................................................................................$15,000,000

              2800-7031 For the protection and rehabilitation of the lakes, ponds, rivers and streams and associated watersheds including, but not limited to, assistance and grant programs under sections 37A to 37D, inclusive, of chapter 21 of the General Laws; provided, that such programs shall include, without limitation, technical assistance, studies, preservation, environmental improvements, including the removal of aquatic invasive plants and associated costs; and provided further, that $5,000,000 shall be expended for the preservation of and improvements to the Birch road well field in the town of Framingham; and provided further, that $110,000 shall be expended for the eradication of invasive aquatic weed at Agawam Mill pond in the town of Wareham...............................................................................................$10,110,000

              6720-1336  For purposes of protection of the ecological integrity of buffer zones along the highway mitigating the negative impacts of sound, air pollution, storm water drainage and flooding; provided that not less than $110,000 shall be expended by the Massachusetts Department of Transportation to purchase certain parcels of land in the town of Needham adjacent to the Route 128 Highway on Greendale avenue between Brookline street and Broad Meadow road..........................................................................................$110,000.

              Department of Energy Resources.

              9300-7030  For the Leading by Example Program, to reduce greenhouse gas emissions and other environmental impacts at state agencies and authorities and public colleges and universities, to stimulate increased public and private sector investment in clean energy and related enterprises, institutions and projects, including providing economic assistance for the development of these enterprises and nonfinancial assistance.......................................$5,000,000

              9300-7919  For the energy conservation improvement program established in section 11 of chapter 25A of the General Laws; provided, that funds in this item shall be allocated from time to time by the commissioner of energy resources for the purposes of: (i) the energy audit program; (ii) the energy conservation improvement program; (iii) the alternative energy property program; and (iv) for other programs that increase energy efficiency; provided further, that when expending these funds, the commissioner shall take into consideration, among other relevant factors, the amount of available state and federal financial resources, the needs of each program with respect to public buildings and facilities, the volume of requests or expected requests from other entities for assistance under each program, the expected costs and public benefits of each program and, after information has become available from the energy audit program, the priorities and needs indicated by such information; provided further, that funds shall be expended on the buildings and facilities owned by public entities; and provided further, that grants may be issued for the purposes of this item...............................................................................$10,000,000

              SECTION 2A. 

              OFFICE OF THE TREASURER AND RECEIVER GENERAL

              0620-1001  For the water pollution abatement trust established in section 2 of chapter 29C of the General Laws for deposit in the Water Pollution Abatement Revolving Fund established in section 2L of said chapter 29 of the General Laws for application by the trust to the purposes specified in section 5 of said chapter 29C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under Title VI of the federal Clean Water Act or for deposit in the Drinking Water Revolving Fund established in section 2QQ of said chapter 29 for application by the trust to the purposes specified in section 18 of said chapter 29C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under the federal Safe Drinking Water Act; provided, that funds may be used to assist homeowners in complying with the revised Title 5 of the state environmental code for subsurface disposal of sanitary waste …..……$57,000,000

              EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

              Office of the Secretary.

              1100-2511 For a matching grant program for the repair, construction and modernization of equipment and capital improvements of marine industrial infrastructure located in designated port areas or maritime industrial zones; provided, that the secretary of administration and finance shall make available the funds under this item to the Massachusetts Development Finance Agency to administer the grant program; and provided further, that each grant shall require a private funding match in an amount not to exceed 25 per cent of the cost of the project……………………………………………………………..…………………$7,000,000

              1100-2530 For capitalizing a Massachusetts Water Technology Innovation Trust Fund, which shall be administered by the Massachusetts clean energy technology center to promote water innovation; provided, that not less than $8,000,000 shall be expended to establish and operate testing and piloting facilities for the advancement of water technology at the University of Massachusetts at Amherst……………………………………….……$10,000,000

              EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

              Office of the Secretary.

              2000-7028 For the design, construction, reconstruction, rehabilitation, repair or removal of municipally-owned dams, other publicly-owned dams and other dams for which emergency action is required and for inland-flood control projects on publicly-owned  land and any related facilities and equipment; provided, that the secretary of energy and environmental affairs shall give priority to dams and flood control projects which  pose the greatest risk to public health or safety, the environment or is included in this item, subject to applicable laws and regulation; provided further, that funds shall be available for a program of planning, permitting and construction of fish ways and other aquatic habitat improvements, including the removal or breaching of selected dams and impoundments on publicly-owned land and waterways; provided further, that $375,000 shall be expended for engineering, improvements and repairs to the McTaggarts Pond Dam in the city of Fitchburg; provided further, that $75,000 shall be expended for investigation, engineering and repairs, to prevent seepage and improve dam safety to the Mirror Lake Dam at Coggshall park in the city of Fitchburg; provided further, that $100,000 shall be expended for improvements and repairs to the Studley Pond Dam in the town of Rockland; provided further, that $7,200,000 shall be expended for the rehabilitation and improvements to the Mill Pond Dam in the town of Wareham; provided further, that $4,400,000 shall be expended for engineering and construction costs for the rehabilitation and improvements to the Whitney pond dam in the town of Winchendon; provided further, that not less than $2,000,000 shall be expended for repairing and improving the Stiles dam on Stiles reservoir in the towns of Spencer and Leicester to comply with regulations by the office of dam safety; provided further, that $250,000 shall be expended for maintenance and improvements at Bearhole Reservoir in the city known as the town of West Springfield; provided further, that $4,125,000 shall be expended on dams in the city of Springfield; provided further, that $75,000 shall be expended for the design and construction of safety improvements to the Ashby Compensating Reservoir dam in the city of Fitchburg; provided further, that $1,700,000 shall be expended for improvements to the Lower Van Horn dam in the city of Springfield; provided further, that not less than $700,000 shall be expended for the repair of the town-owned dam on the Norton reservoir in the town of Norton; provided further, that $150,000 shall be expended for the repair and renovation of the Louisa Lake dam in the town of Milford; and provided further, that not less than $500,000 shall be expended for the repair and reconstruction of the Centennial Dam and Bridge located in the town of Dedham ………………………..............$28,650,000

              2000-7031 To capitalize the Climate Change Adaptation Infrastructure Investment Fund established in section 2LLLL of chapter 29 of the General Laws………$10,000,000

              2000-7054   For the parkland acquisition and renovation for communities grant program, formerly the urban self-help program, to provide assistance to cities and towns in the acquisition of land, assessment and remediation of brownfield and greyfield sites and demolition on project sites and construction and restoration of parks and recreation areas pursuant to Article 97 of the Amendments to the Constitution and any regulations adopted by the secretary of energy and environmental affairs; provided, that notwithstanding any general or special law to the contrary, the title to any land acquired with the funds authorized in this item which is no longer used as open space shall revert to the commonwealth to be managed as open space…………$30,000,000

              2000-7056   For the conservation partnership grant program to assist not-for-profit corporations and conservation districts defined in sections 19 to 24, inclusive, of chapter 21 of the General Laws, in acquiring interests in lands suitable for purposes of conservation or recreation; provided, that the corporation shall be formed for 1 of the purposes described in section 4 of chapter 180 of the General Laws and the corporation shall be considered an exempt organization within the meaning of section 501(c)(3) of the Internal Revenue Code; provided further, that grant funds shall be expended to reimburse an eligible corporation or conservation district for money expended by it in establishing a project approved by the secretary of energy and environmental affairs under this program in an amount that the secretary shall determine to be equitable in consideration of anticipated benefits from the project, but in no event shall the amount of the reimbursement exceed 50 per cent of the cost of the project; provided, however, that no reimbursement shall be made under this item to a corporation or conservation district unless a project application is filed by the corporation with the secretary setting forth the plans and information that the secretary may require and approved by the secretary, nor until the corporation or conservation district shall have certified, in a manner approved by the secretary, its ability to provide an amount equal to the total cost of the project, nor until the project has been completed, to the satisfaction of the secretary, in accordance with the approved plans; provided further, that all projects shall include the grant by the corporation or conservation district of an appropriate perpetual conservation restriction, within the meaning of sections 31 and 32 of chapter 184 of the General Laws, to the city or town in which the project is located, to be managed by either its conservation or its recreation commission, or a federal or state agency, or a not-for-profit corporation, or combination of these entities; provided further, that all projects shall provide appropriate public access as determined by the secretary; and provided further, that the secretary may adopt rules and regulations to carry out this item….………..…$8,000,000

              2000-7058   For the landscape partnership grant program to assist not-for-profit corporations and cities and towns acting through their conservation commissions or water departments, in cooperation with the departments of conservation and recreation, fish and game and agricultural resources, to acquire interests in land to permanently conserve and steward large, landscape-scale land conservation projects, and to assist cities and towns in local zoning and planning efforts; to further conservation and connectivity of working farms, forests and open space and prevent low-density sprawl development; provided, that the not-for-profit corporation shall be formed for 1 of the purposes described in section 4 of chapter 180 of the General Laws and the corporation shall be considered an exempt organization within the meaning of section 501(c)(3) of the Internal Revenue Code; provided further, that the grants shall be expended in the completion of an approved project by an eligible corporation, city or town in the approved acquisition of land and interests in land for permanent conservation purposes pursuant to Article 97 of the Amendments to the Constitution or sections 31 and 32 of chapter 184 of the General Laws and for associated costs, including planning, study, due diligence, title, environmental site assessment, appraisal services, interest on loans, provided that the rate does not exceed the current average market rate, site restoration and for stewardship, including baseline documentation report creation and long-term stewardship monitoring agreements and for technical assistance in the development of city and town by-laws for natural resource protection zoning purposes and related city and town conservation purposes and for study, inventory and related work in preparation for and assessment of marketable ecosystem services provided by the project lands; provided further, that grant funds shall be expended in the completion of an approved project by an eligible corporation, city or town for a project previously approved by the secretary of energy and environmental affairs under this program in an amount that the secretary shall determine to be equitable in consideration of anticipated benefits from the cost of the project; provided, however, that in no event shall the amount exceed 50 per cent of the total cost of the project as approved by the secretary;  provided further, that all projects shall provide appropriate public access as determined by the secretary; provided further, that $50,000 shall be expended to allow the town of Arlington to purchase electric landscaping tools; provided further, that $1,000,000 shall be expended for landscape and aesthetic improvements along the Neponset River Greenway; provided further, that $1,500,000 shall be expended for the acquisition of or conservation restriction on property in the town of Dennis, bounded by Chapin Beach road and Chase Garden creek; provided further, that $1,200,000 shall be expended as a grant for the purchase of approximately 49 acres of land by the Harwich Conservation Trust in the town of Harwich; provided further, that $800,000 shall be expended to the Oyster Pond Environmental Trust for the  purchase of 22 acres of land located in the Quissett area of the Oyster Pond watershed in the town of Falmouth from the Woods Hole Oceanographic Institute to continue efforts to conserve and protect the natural environment and ecological systems of Oyster Pond; and provided further, that $600,000 shall be expended to support the construction of walking paths, native buffer area plantings and community landscape gardens and rain gardens at the new community recreational facility in the town of Wilmington …………………..$15,000,000

              2000-7063 For the development of a statewide climate center by the secretary of energy and environmental affairs in conjunction with the president of the University of Massachusetts; provided, that not more than $5,000,000 shall be expended for the development of a Strategic Framework for Climate Resilience, or SFCR, program by public and private institutions to study, develop and promote cross-sectoral resilience planning for the commonwealth relating to climate change, including, but not limited to: (i) the development of information products for municipalities and the private sector; (ii) a capacity needs assessment for effective involvement of municipalities in SFCR; (iii) approaches for incentivizing and monetizing climate change resilience; (iv) integration strategies for building resilience through support of new private sector efforts; (v) a strategic program for climate resilience design in priority sectors and regions; (vi) sensitivity vulnerability and adaptation assessments of initial key sectors and municipalities; (vii) a cross-sectoral guideline and best practice manual to integrate climate change factors into organizational planning; and (viii) a strategic-level set of consistent, reliable and justifiable scientific scenarios of key projected climate change impacts and capacity-building within and across sectors …………..………………………………………………….…..$20,000,000

              2000-7066  For the local acquisition for natural diversity grant program, formerly the self-help program, to provide assistance to cities and towns in the acquisition of conservation land pursuant to section 11 of chapter 132A of the General Laws, Article 97 of the Amendments to the Constitution and any regulations adopted by the secretary of energy and environmental affairs to effectuate this item or said section 11 of said chapter 132A; provided, that notwithstanding any general or special law to the contrary, the title to any land acquired with funds authorized in this item which is no longer used under said section 11 of said chapter 132A as open space shall revert to the commonwealth to be managed as open space ………$8,000,000

              2000-7070    For the development and support of a regional comprehensive climate change adaptation management plan grant program consisting of financial assistance to regional planning agencies to develop and implement comprehensive adaptation management plans at the regional level of government; provided, that such plans shall include, but not be limited to: (i) technical planning guidance for adaptive municipalities through a step-by-step process for regional climate vulnerability assessment and adaptation strategy development; (ii) development of definition of regional impacts by supporting municipalities conducting climate vulnerability assessments; and (iii) development of understanding regional characteristics, including regional environmental and socioeconomic characteristics; provided further, that such grants shall advance statewide, regional and local efforts to adapt land-use, zoning, infrastructure, policies, and programs to reduce the vulnerability of the built and natural environment to changing environmental conditions as a result of climate change; and provided further, that the secretary of energy and environmental affairs may issue grants to regional planning agencies to implement such programs; provided further, that funds may be expended from this item for the costs of services rendered by regional planning agency employees or by consultants; and provided further, that funds shall be expended from this item for the development, drafting and adoption of a comprehensive adaptation management plan, which shall include, but not be limited to: (a) a mission statement; (ii) a commitment to sound management practices; (iii) the latest data on climate change impacts in the commonwealth; (iv) a statement on the readiness and vulnerabilities of the state’s emergency response systems and energy, transportation, communications and health infrastructure; and (v) identifying the most effective and state-specific measures to combat climate change and dynamically react to the safety, health and economic threats that arise ……………………………$10,000,000

              2000-7135To assist the city of Everett in land acquisition and environmental remediation at the former Monsanto Chemical Company site if that property is not purchased by June 1, 2015 and developed by a private entity; provided, that any disposition of the property shall be subject to the review and approval of the inspector general; provided further, that the department of environmental protection shall use its best efforts to investigate and identify the responsible parties for the pollution and shall collaborate with the attorney general on cost recovery pursuant to chapter 21E of the General Laws ……………………………………..……$50,000,000

              Department of Agricultural Resources.

              2500-7011   For a program to acquire agricultural preservation restrictions under sections 23 to 26, inclusive, of chapter 20 of the General Laws; provided, that any person or entity that receives funds from this item shall be encouraged to participate in any programs of the department of agricultural resources that may be suggested by the commissioner of agricultural resources; provided further, that funds may be used for the implementation of a stewardship program on agricultural preservation restriction lands including, but not limited to, resource and land use monitoring, boundary delineation and monitoring, stewardship planning, ecological monitoring and enforcement of agricultural preservation restrictions on existing and newly acquired agricultural preservation restriction properties and the creation of new opportunities that seek to enhance the sustainability and viability of such properties……………….$10,000,000

              2500-7024   For the agricultural environmental enhancement program on the abatement of all forms of pollution generated from agricultural activities originally funded pursuant to section 8 of chapter 258 of the acts of 1996; provided, that funds may be allocated by the commissioner of agricultural resources through competitive grants awarded to public and nonpublic entities to carry out this item; and provided further,  that $120,000 shall be expended for costs related to pesticide cleanup on South Street in the town of Wrentham...........$1,500,000

              MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

              Office of the Secretary.

              1100-2510   For improvements to coastal facilities in designated and nondesignated port areas, including those defined in chapter 21F of the General Laws, section 63 of chapter 91 of the General Laws, 301 CMR 25 and 312 CMR 2.00; provided, that such improvements shall be administered by the seaport advisory council through the continuation of a grant program; provided further, that such improvements may include, but shall not be limited to, construction, reconstruction, rehabilitation, expanding, replacing and improving public facilities, piers, wharves, boardwalks, berths, bulkheads and other harbor and waterfront facilities; and provided further, that funds shall be expended on capital improvements to the state pier facility in the city of Fall River including, but not limited to, the construction of the south basin of the state pier facility, the rehabilitation and replacement of all marine structures for Battleship Cove in the port of Fall River, commercial fishing improvements, commercial marine transportation improvements and other capital improvements related to economic development within the port of Fall River; and provided further, that $4,000,000 shall be expended for the design, permitting and construction, including pertinent dredging, for the reintroduction of an ocean pier at the Revere Beach Reservation  ………………………………………..…….$129,000,000

              6720-1335   For the mitigation or contribution towards any costs associated with or arising out of the federal improvement dredging of Boston Harbor; provided, that $35,000,000shall be expended to mitigate or contribute towards any costs associated with or arising out of the federal navigational and berth dredging in New Bedford Harbor; and provided further, that funds may be expended to dredge the Neponset river in the Dorchester section of the city of Boston and in the town of Milton from Squantum point to Milton landing ………………………………………………………………………..$100,000,000

              EXECUTIVE OFFICE OF EDUCATION

              7100-1135  For establishing an office and programming under the direction of the president of the University of Massachusetts, in consultation with the secretary of energy and environmental affairs, to work with municipalities, regional governments and the private sector to assess, plan, coordinate and support the implementation of resiliency measures; provided, that work may include, but not be limited to: (i) public education and engagement; (ii) technical assistance, training, research, and formulation of metrics, and (iii) preparing and disseminating guidelines, manuals and other products to assist in the in the preparation, planning design, and implementation of resiliency measures…………………………………….….$5,000,000

              7100-3000 For the design, rehabilitation or construction of a research and extension building of approximately 20,000 square feet at the University of Massachusetts Center for Urban Sustainability in the city of Waltham to conduct research and advance urban sustainable agriculture through public-private partnerships, to include, without limitation, urban agricultural issues related to food security, safety and access, environmental stewardship and workforce development; provided, that best efforts shall be made to construct a zero-net energy building; and provided further, that not less than $5,000,000 shall be expended for the creation and development of an eastern regional center for urban sustainability at Bristol county agricultural high school in the town of Dighton................................................................$25,000,000

              7100-3001 For technology and space upgrades at the Stockbridge School of Agriculture at the University of Massachusetts at Amherst in the town of Amherst; provided, that funds shall be available for the coordination among agricultural schools and institutes of learning to educate and promote sustainable agriculture and related agricultural issues ……..….$5,000,000

              7100-3002   For the purposes of the UMASS Cranberry Station at East Wareham section of the town of Wareham for the design, construction, retrofitting and outfitting of enhanced laboratory space, including associated equipment and support to improve research performed by the station dealing with concerns including, but not limited to: (i) water quality and quantity; (ii) integrated pest management; and (iii) pollinator health and minimization of nutrient and pesticide use with the goal to reduce environmental impacts and at the same time enhance the sustainability of cranberry production in the commonwealth; provided, that $500,000 shall be expended for a matching grant for health-related research through the Cranberry Health Research Center; provided further, that such funds may be carried over from year to year with subsequent appropriations and matching funds; and provided further, that use of such funds shall be done with the advice and consent of the Cranberry Health Research Center advisory board ……………………………………………………….……………….$5,500,000

              7100-3003 For the University of Massachusetts at Amherst for costs associated with a timber frame demonstration project including, but not limited to, planning, design, consulting and construction costs ………………………………………….…….$3,000,000

              SECTION 2B.

              EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

              Office of the Secretary.

              2000-7051    For the development and support of local, regional and state land use planning and management capabilities in support of smart growth efforts including, but not limited to: (i) convening the public to enhance awareness of and participation in planning, regulatory and permitting decisions; (ii) research; (iii) land use data acquisition and analysis; (iv) site specific brownfields, feasibility, reuse and other assessments; (v) plans for water, sewer, road, transit and other infrastructure investments; (vi) site specific land use plans, including construction documents and architectural blueprints; (vii) the development of municipal open space and recreation plans, municipal master plans under section 81D of chapter 41 of the General Laws, regional policy plans under chapter 40B of the General Laws and state plans for land conservation and development; (viii) subdivision, zoning and other local, regional or state land use bylaws, ordinances, policies, guidelines and regulations; and (ix) outreach, communications, education and planning to advance environmental equity, smart growth and the commonwealth’s sustainable development principles; provided, that the secretary of energy and environmental affairs may issue grants to organizations including, but not limited to, municipalities, regional planning agencies, nonprofit organizations and other public and nonpublic entities to implement the programs; provided further, that $1,000,000 shall be expended for the improvement and preservation of the parcel of land located at 900 Worcester street in the town of Wellesley,  known as Saint James the Great Church, to maximize recreational use while preserving open space; provided further, that $500,000 shall be expended for urban renewal in the city of Gardner; and provided further, that $50,000 shall be expended for costs related to environmental testing at 35 Industrial road in the town of Wrentham …………………………………………………………………………$10,050,000

              2000-7052   For the purpose of protecting the ecological integrity of the commonwealth's privately held and managed forestlands under the forest vision plan including, but not limited to, acquisition of interests in land, research, planning and monitoring; provided, that projects and funding shall be approved by the secretary of environmental affairs; and provided further, that projects may be carried out in cooperation with other governmental agencies, private land owners and conservation organizations according to management agreements approved by the secretary..........................................................................................$5,000,000

              2000-7055   For integrated energy and environmental projects to provide for appropriate conservation, protection, restoration, management and best use of air, energy, water and land resources; provided, that funds shall be available to provide for the propagation, protection, control and management of fish, other aquatic life, wildlife and endangered species, to optimize and preserve environmental quality and public health, to encourage environmental equity; to provide for the assessment, prevention and abatement of water, land, air, noise and other pollution or environmental degradation, to provide for assessment and mitigation and adaptation to climate change and regional flooding, to provide geographic information systems and data including, but not limited to, conservation and development plans, provided through the office of geographic and environmental information, to collect, store and provide geographic, energy and environmental and other information, to provide environmental, land use, water budgets and other trends and conditions; and to study and develop district energy systems, including municipal district energy projects, micro-grids and combined heat and power systems; provided further, that the secretary may allocate funds for the purposes of this item; provided further, that grants may be awarded to public or nonpublic entities to carry out this item; provided further, that $2,000,000 shall be expended for the redevelopment and modernization of Hopewell park, Memorial park,Weir field and Whittenton field in the city of Taunton and not less than $250,000 shall be expended for such improvement projects at each park or field; provided further, that $4,750,000 shall be expended for a flood management study of the Assawompsett Pond Complex which is part of the Taunton river watershed and includes the towns of Freetown, Lakeville, Middleborough and Rochester and the cities of New Bedford and Taunton including, but not limited to, an analysis of existing conditions and recommendations for flood management and mitigation, ecological sustainability and river flow improvements and as relating to the water flows of the Nemasket river into the Taunton river and related water storage and flooding issues of Assawompsett pond and Long Pond; provided further, that any unexpended funds of the study shall be made available for implementation of recommended flood management and mitigation measures; provided further, that not less than $250,000 shall be expended for the continued operation of the shellfish propagation program in the town of Westport; and provided further, that not less than $2,500,000 shall be expended for the flood mitigation projects in the Aberjona river watershed in the town of Winchester............................................$22,500,000

              2000-7057   For the acquisition, development, construction and improvement of parks in urban and suburban neighborhoods currently underserved with parks consistent with attainment of environmental equity, including planning related to these parks; provided, that funds shall be available for the completion of urban forestry and tree planting projects, assessment and remediation of brownfield and greyfield sites intended for reuse as parks, drafting of architectural renderings, construction documents and other technical documents necessary for parks construction, acquisition of land or interests in land for the creation of parks pursuant to Article 97 of the Amendments to the Constitution and for the construction, rehabilitation and improvement of parks including, but not limited to, all related facilities, landscaping, monuments and features, parking areas and roadways; provided, that the secretary of energy and environmental affairs may issue grants to public and nonpublic entities to implement these projects; provided further, that $3,000,000 shall be expended to build or upgrade Camp STAR Angelina’s administration lodge, Forest park comfort shelter and drop-in center, improve Forest park roadways, repair and upgrade Forest park erosion and Blunt park roadway improvements in the city of Springfield; provided further, that $50,000 shall be expended for the development of a master plan for Harambee park in the city of Boston; provided further, that $1,000,000 shall be expended for the renovation of Parkman plaza on Boston Common in the city of Boston; provided further, that $100,000 shall be expended for the design and construction of a veterans war memorial in Isaac Prouty park in the town of Spencer; provided further, that not less than $100,000 shall be expended on building improvements to the Millers River Environmental Center in the town of Athol; provided further, that not more than $600,000 shall be expended in the town of Groveland for the acquisition of necessary property rights and the planning, design and construction of Veterans' Memorial park, as an extension of Elm park, to provide open space, public access to the Merrimack river and parking in support thereof; provided further, that funds shall be expended for environmental remediation and construction of the Worcester Blackstone gateway visitor center and park in the city of Worcester; provided further, that $4,000,000 shall be expended for the planning, acquisition, design and construction of multi-use recreational trails in the town of Ashland; provided further, that $3,000,000 shall be expended for a study to assess the feasibility, economic benefits, traffic and community impacts and project costs and to create design plans and construction documents for the proposal to reopen and reestablish a section of the historic Blackstone canal as a park in the city of Worcester including, but not limited to, related costs for engineering and an assessment and plan to reconfigure the city’s sewer system affected by the project; provided further, that $100,000 shall be expended for repairs to park pathways and entrances at Franklin park in the city of Boston; provided further, that $5,000,000 shall be expended to make improvements to the Boyden Park/Conservation Land Acquisition parcel as identified in the 2002 Boyden Park/Conservation Land Master Plan in the city of Taunton; provided further, that funds may be expended to construct a signature park located at the John L. Kelly field in the town of Milton; and provided further that not less than $500,000 shall be expended roadway safety improvements to state owned land located at the intersection of Walter street and Center street in the Roslindale section of the city of Boston......................................................................$96,350,000

              2000-7059  For a program to be administered by the secretary of energy and environmental affairs to provide grants to cities, towns, regional planning agencies and the Massachusetts Water Resources Authority for the planning, design, technical assistance, construction and improvement of aqueduct recreational trails on the Cochituate, Weston, Sudbury and Wachusett aqueducts of the Massachusetts Water Resources Authority and related road crossing locations on municipally-owned land right-of ways, which shall include, but not be limited to, trail crossing safety improvements, access for people with disabilities and directional signage; provided, that not more than $225,000 shall be granted to the metropolitan area planning council for design and technical assistance related to the Cochituate, Weston and Sudbury aqueduct trails; provided further, that not more than $75,000 shall be granted to the Central Massachusetts Regional Planning Commission for design and technical assistance related to Wachusett aqueduct trails; and provided further, that the secretary of energy and environmental affairs shall award not more than $1,700,000 in grants to cities and towns and other public entities for the construction of aqueduct trails and physical improvements on the Weston, Wachusett, Sudbury and Cochituate aqueducts;.................................................$2,000,000

              2000-7060   For the acquisition of land for the purposes of open space, recreation and conservation, to be protected pursuant to Article 97 of the Amendments to the Constitution, which lands are located near or adjacent to the mean high water mark of coastal areas, on coastal barrier beaches or in coastal high risk flooding zones and which lands or structures thereon suffer repeated damage by flooding or are otherwise impacted catastrophically by severe weather events and pose a high risk to public health, safety or the environment; provided, that funds shall be available to purchase adjoining coastal parcels next to such acquired land which is necessary to protect the environment; and provided further, that funds from this item shall not be used to compensate land owners for lands taken by eminent domain……………$20,000,000

              2000-7061  For a forestry and tree planting greening program for projects throughout the commonwealth on publicly-owned land which including, but not be limited to, the evaluation and planning of forestry and tree greening projects, tree stock and planting and the care and protection of trees and forests; provided, that the secretary shall give priority to the planting of trees in areas devastated by catastrophic weather events or widespread insect infestation or in area locations of aquifers, recharge areas, wells, reservoirs and other water bodies that will improve water quality as part of a natural ecosystem; provided further, that the secretary shall issue grants to cities and towns to achieve the purposes of this item; provided further, that $300,000 shall be expended for the 2011 tornado-related tree replanting in the town of Monson; provided further, that executive office of environmental affairs shall obtain tree stock from within the commonwealth where feasible and where the cost does not exceed 10 per cent more than tree stock obtained from outside the state; and provided further, that $875,000 shall be expended for the 2011 tornado-related tree replanting in the city of Springfield …………………………………………$50,875,000

              2000-7062  For the improvement of recreational opportunities, protection of the ecological integrity and limiting eutrophication in lakes and ponds including, but not limited to, restoration of water depths, enhancement of fisheries’ habitat, control of nutrients, control of aquatic vegetation and associated water quality problems; provided, that funds may be expended from this item for the costs of planning, feasibility analysis, engineering, design, permitting, construction and construction inspection and performance of dredging projects, including material management; provided further, that priority funding shall be available for the construction of designed and permitted dredge projects and for any dredging projects authorized specifically under this item; provided further, that the secretary of energy and environmental affairs may award grants to public and nonpublic entities, including municipalities, nonprofit organizations and lake and pond associations, to carry out this item; provided further, that $100,000 shall be expended to protect and preserve the water quality in Hammond pond in the city of Newton including, but not limited to, the stabilization of pond banks by drainage modifications and improvements, vegetation enhancements, macrobphtic weed removal and enhancing existing gardens and natural buffers; provided further, that $1,100,000 shall be expended as a grant to the city of Pittsfield to improve drainage and redirect runoff to vernal pools and wetlands as part of the completion of the multi-purpose turf facility at Pittsfield campus of Berkshire Community College; provided further, that $125,000 shall be expended for the final phase restoration of Baker’s pond at Kennedy park in the town of Lenox; provided further, that $80,000 shall be expended to improve, manage and protect the water quality in Thompson pond in the town of Spencer; provided further, that $50,000 shall be expended to improve, manage and protect the water quality in Small pond, also known as Little Stiles pond or Lower Stiles Pond, in the towns of Spencer and Leicester; provided further, that $5,000,000 shall be expended for a dredging project and to improve, manage and protect the water quality, in Lake Wickaboag in the town of West Brookfield; provided further, that $3,000,000 shall be expended for improvements to the Veterans road, Lewis lake watershed system in the town of Winthrop; provided further, that $5,200,000 shall be expended for dredging the North and South rivers and relocating the dredged material to the Fourth Cliff Family Recreation Area operated by the Hanscom Air Force Base in the towns of Marshfield and Scituate to provide critical habitat for endangered bird species, improved coastal resiliency and beach nourishment; and provided further, that $150,000 shall be expended to improve, manage and protect the water quality in Crystal lake in the city of Newton including, without limitation, the testing for water pollutants and improvements to reduce pollution and erosion from water runoff near the pond ……………………………………………………………………..……$30,350,000

              Department of Environmental Protection

              2200-7023   For discovery, assessment, containment, cleanup and closure of existing or closed solid waste facilities causing or threatening to cause pollution as authorized by section 4 of chapter 21H of the General Laws; funds authorized in this item may also be used for capital expenditure associated with composting and recycling program consistent with the comprehensive statewide solid waste master plan authorized by section 21 of chapter 16 of the General Laws; provided further, that $1,700,000 shall be expended for the cleanup of the transfer station in the city of Salem;and provided further, that not less than $2,700,000 shall be expended for a landfill fund for the city of Newburyport for maintaining, monitoring and response to the Crow lane landfill to ensure public safety...............................................................$6,000,000

              2200-7025   For the assessment, containment, cleanup, control, removal of or response actions concerning oil or hazardous materials or for any other actions necessary to implement chapter 21E of the General Laws and the Massachusetts Contingency Plan.................$3,000,000

              Department of Fish and Game.

              2300-7020   For the acquisition of land and interests in land by the department of fish and game and for associated costs, including planning, studies, due diligence, title and appraisal services, site restoration and stewardship to protect the native flora and fauna communities and for associated costs; provided, that the commissioner of fish and game may develop and utilize scientifically-based evaluation criteria to identify and select the most biologically significant areas throughout the commonwealth including, but not limited to, specific parcels; provided further, that such lands may be purchased after being selected by this process and approved by the commissioner of fish and game; provided further, that funds may be expended on the development and implementation of a stewardship program on lands under the care and control of the department of fish and game and its divisions, either in fee simple or through conservation easements or conservation restrictions including, but not limited to, resource and land use monitoring, baseline documentation report creation, signage, boundary marking and monitoring, stewardship planning, stewardship personnel, stewardship database development, ecological monitoring and enforcement of conservation easements or conservation restrictions or detection and resolution of encroachments on land owned in fee simple and repair of damage related to illegal off-road vehicle trespass; provided further, that funds may be used for inventory, restoration and reclamation of recently acquired land, including demolition of structures, removal of debris, eradication of nonnative species and other services essential to these reclamation efforts; provided further, that the department of fish and game shall establish a program for the restoration and habitat protection of cranberry bogs and associated wetland systems and for the acquisition of land or interests in land by the department of fish and game of environmentally-significant wetland habitats to preserve open space and to improve and protect natural water resources and quality that is essential to cranberry agriculture and plant habitat; and provided further, that projects under such program may be carried out with other governmental agencies and entities, nonprofit and conservation organizations and public and private land owners.……………………………………………...$20,000,000

              2300-7023   For the purposes of conserving and recovering rare and endangered plant and animal species listed pursuant to chapter 131A of the General Laws and protecting other elements of the commonwealth’s threatened natural heritage, through conservation, preparation of endangered species recovery plans, implementation of recovery and rehabilitation projects and the execution of habitat and ecological restoration and management, as identified by the division of fisheries and wildlife's natural heritage and endangered species program and approved by the director of the division and the commissioner of the department; provided, that the associated costs may include, but shall not be limited to, species recovery and rehabilitation projects, habitat restoration and management, monitoring services and equipment purchases; and provided further, that such work may be carried out in cooperation with local municipalities, private conservation organizations, private landowners, universities and governmental agencies………................................................................................$1,000,000

              2300-7024   For a program of upland habitat management of forestlands, shrub lands and grasslands to provide habitat for native wildlife species experiencing long-term population declines, to control invasive, exotic species that degrade natural habitats and to maintain independent, third party certification of sustainable resource management on state wildlife lands through the forest stewardship council or the sustainable forestry initiative; provided, that activities shall include, but not be limited to, implementation of habitat management plans established by the division of fisheries and wildlife and approved by the director of the division and the commissioner of fish and game; provided, that funds shall be available to establish and support an integrated, early detection and rapid response system for invasive species and complete a strategic management plan for invasive species to prevent, control, eradicate and restore natural management areas; provided further, that funds shall be available for a landowner incentive grant program to restore declining species and their habitats identified in the comprehensive wildlife conservation strategy on private lands which may include, but shall not be limited to, technical and financial assistance, implementation and monitoring established by the division of fisheries and wildlife and approved by the director of fisheries and wildlife and the commissioner of fish and game and for associated costs; provided further, that the associated costs may include, but shall not be limited to, restoration, management, monitoring services and equipment purchases; provided further, that the projects may be carried out in cooperation with cities, towns, not-for-profit organizations, private landowners, conservation organizations, sportsmen’s clubs and governmental agencies; provided further, that grants may be awarded to public and nonpublic entities to carry out this item; provided further, that the department may award grants to public and nonpublic entities to carry out this item; provided further, that  $300,000 shall be expended to establish a pilot program in the town of Groton to formulate and support a detection and response system for invasive plant species along public roadways and to implement a strategic management plan to prevent, control and eradicate invasive plant species along public roadways; provided further, that $1,200,000 shall be expended for flooding control, dredging and eradication of nonnative plat species at Canal brook, an outlet of Lake Congamond; provided further, that $400,000 shall be expended for the costs of hydraulic dredging, construction of containment and flocculation basins and other technologies for sediment removal, disposal and aquatic invasive species control in Crystal lake and Elginwood pond in the city of Peabody; and provided further, that not less than $500,000 shall be expended to control nonnative invasive plant species on the Norton reservoir, Lake Winnecunnet, Barrowsville pond and Chartley pond in the town of Norton.......................................$3,400,000

              2300-7025    For river and wetland restoration programs in the division of ecological restoration, riverways program and the commissioner’s office within the department of fish and game; provided, that funds authorized in this item may be utilized for river, wetland and river corridor revitalization, ecological restoration and protection of aquatic ecosystems and functions throughout the commonwealth including, but not limited to, dam and barrier removal, instream improvements, flow, water quality, riverine habitat, protection of high quality riparian and wetland habitat, assessment and mitigation of threats from climate change and improving recreational opportunities; provided further, that these costs may include, but shall not be limited to, equipment to implement these programs; and provided further, that the commissioner or a designee may enter into cooperative agreements with state and federal government agencies and municipalities, may contract for services related to this item including, but not limited to, engineering and monitoring, and may award grants to public and nonpublic entities to foster and carry out this item.....................................................................$20,000,000

              2300-7026   For the planning, engineering, design, construction, construction inspection, acquisition, development and reconstruction of existing and new coastal and inland access sites including, but not limited to, boat launching facilities, fishermen boat access facilities, car-top boat launching facilities, canoe and kayak access facilities, sport fishing piers and shore fishing areas including, but not limited to, ramps, docks, floats and appurtenant facilities throughout the commonwealth including, but not limited to, construction of signage and informational kiosks and the implementation of coastal projects developed jointly with the Marine Recreational Fisheries Development Fund; provided further, that $2,780,000shall be expended for study, design, permitting and construction of the north terminal bulkhead extension in the city of New Bedford; provided further, that $400,000 shall be expended to reconstruct the Lake Sabbatia boat ramp and rebuild the boat ramp parking area in the city of Taunton; provided further, that $8,000,000 shall be expended for a water transportation hub to be developed at the John T. Fallon pier, managed by the University of Massachusetts at Boston to create water transportation service from Columbia Point in the city of Boston and the city of Quincy; provided further, that $575,000 be expended to the town of Falmouth  for the construction of Whites Landing roadway and boat ramp construction consisting  of 700 feet of roadway and a boat launch ramp consisting of: (i) dewatering techniques and drainage structures; (ii) 2 outfalls; (iii) a new boat ramp; (iv) 5-foot wide sidewalks; (v) retaining wall section; (vi) new asphalt roadway pavement; and (vii) and side slope grading; provided further, that $100,000 shall be expended for handicap access improvements at the Dick and Paula Woodward fishermen’s access area and public dock at South Pond in the town of Brookfield; provided further, that $2,000,000 shall be expended to the Massachusetts Maritime Academy for the completion of the Waterfront Pier Project, including the completion of the pier structure to permit the testing of marine hydrokinetic turbine operations and research; provided further, that the dock system at Fallon pier shall be compliant with the Americans with Disabilities Act; and provided further, that $2,220,000 shall be expended for reconstruction of and improvements to Pope's Island marina in the city of New Bedford harbor.……..……………………………………………….. $22,175,000

              Department of Agricultural Resources.

              2500-7023    For the purpose of developing and implementing programs designed to address agricultural economic and environmental sustainability, research, industry promotion, technology transfer and education and to facilitate improvements to agricultural infrastructure, energy conservation and efficiency, including the development and implementation of farm viability plans and other technical and engineering assistance to enhance the economic and environmental viability of farms; provided, that funds shall be available to promote urban agriculture, to provide for shorter-term land covenants and for the undertaking of markets for agricultural products to assist in agricultural business enhancement and transition; provided further, that a grant program shall be established to provide grants to public and nonpublic entities for the development and implementation of new procedures for energy conservation and efficiency and for renewable and alternative energy sources to assist the agricultural community to grow and develop; provided further, that there shall be established a program to assist in the preservation and rehabilitation of facilities and land resources of agricultural fairs through short-term preservation covenants, grants, demonstration projects and other means under section 38C of chapter 128 of the General Laws; provided further, that funds in this item may be allocated by the commissioner through competitive grants; provided further, that the commissioner may adopt regulations relative to these grants; provided further, that not more than $35,000 shall be expended as a grant for increasing the head start capacity and greater separation of animals as part of the bio-security protocol of the Natural Resources Management Program at the Bristol County Agricultural High School in the town of Dighton; provided further, that $2,000,000 shall be expended to support food ventures primarily in communities of low or moderate income including, but not limited to community kitchens, food truck commissaries, greenhouses, farmers markets, infrastructure for community supported agriculture businesses; and provided further, that $3,000,000 shall be expended on programs to promote urban agriculture including, but not limited to, grants to municipalities and nonprofit organizations to acquire land for urban agriculture and for related infrastructure, equipment and technical assistance, subject to the requirement that such expenditures benefit recipient communities by promoting community access to locally grown food, job creation, small business development, agricultural training and youth development....................................................................................$14,000,000

              Department of Conservation and Recreation.

              2840-7024    For the design, construction, reconstruction, removal, improvement or rehabilitation of department reservations, forests, parks, harbor islands, skating rinks, swimming pools, golf courses, tennis courts, basketball courts, playgrounds, other recreational facilities, beaches and related facilities, storage buildings, office buildings and other parks’ buildings and equipment and for the planning, design, construction, repair, reconstruction, rehabilitation or improvement of department bike paths, greenways, recreational trails and related facilities and equipment; provided, that $2,000,000 shall be expended for the design and construction of a visitor center at the Walden Pond State Reservation; provided further, that $2,000,000 shall be expended for the design and construction of Phase II of the Watertown greenway multi-use path from Arlington street in the city known as the town of Watertown to Fresh Pond reservation in the city of Cambridge; provided further, that $7,000,000 shall be expended for the design, improvement and reconstruction of the Brighton Allston Swimming Pool located at 360 North Beacon street in the Brighton section of the city of Boston; provided further, that $200,000 shall be expended for improvements to the Worcester Vietnam Veterans memorial including, but not limited to, electrical repairs, masonry repairs and new signage; provided further, that $5,000,000 shall be expended for the purpose of making improvements to Goodale park in the town of West Boylston; provided further, that $1,200,000 shall be expended for environmental remediation improvements to Pine Banks park in the cities of Melrose and Malden; provided further, that not less than $250,000 shall be expended for the cleanup and replanting of the Fellsmere pond area in the city of Malden; provided further, that funds shall be expended for the design and construction of capital projects and equipment identified by the special commission on the future of metropolitan beaches in the communities of Nahant, Lynn, Revere, Winthrop, East Boston, South Boston, Dorchester, Quincy and Hull in consultation with the department of conservation and recreation; provided further, that funds shall be expended for the development and support of local efforts to improve water quality on the metropolitan region’s public beaches owned by the commonwealth under the care, custody and control of the department of conservation and recreation including, but not limited to, convening the public to enhance awareness of and participation in planning, regulatory and permitting decisions, site specific research and analysis, feasibility and other assessments, plans for water, sewer, stormwater and other infrastructure investments, site specific plans including, construction documents and architectural blueprints, the development of municipal stormwater management plans, the design, construction, restoration, enhancement, reconstruction, rehabilitation or replacement of stormwater and sewage system infrastructure and for outreach, communications, education and planning to improve water quality in communities that include, but shall not limited to, Nahant, Lynn, Revere, Winthrop, East Boston, South Boston, Dorchester, Quincy and Hull; provided further, that  $1,400,000 shall be expended and made available to the town of Salisbury for a bathhouse and lifeguard station at Salisbury beach in conjunction with the department of conservation and recreation; provided further, that $600,000 shall be expended for synthetic turf at Nicholson stadium at Methuen High School in the city known as the town of Methuen; provided further, that $1,500,000 shall be expended for improvements and related construction to recreation fields located at St. Mary's way and Griswold street in the city of Revere; provided further, that $1,500,000 shall be expended for surface flooding reduction and for other improvements as may be required at the recreation fields located on Winthrop avenue in the city of Revere; provided further, that funds shall be expended for capital improvements to the Horseneck beach state reservation in the town of Westport, subject to the restriction that the department shall not relocate any of the existing 32 waterfront campsites at the Horseneck beach campgrounds as a result of such improvements; provided further, that funds shall be expended for the design and reconstruction of the Commissioners landing, Darmouth street landing and Gloucester street landing in the Charles river reservation in the city of Boston; provided further, that $2,500,000 shall be expended for the preservation and restoration of the Blue Hills observatory in the town of Milton; provided further, that $2,500,000 shall be expended for improvements, repairs and energy efficiency upgrades at the Trailside Museum in the town of Canton; provided further, that $1,250,000 shall be expended for the improvement, rehabilitation and expansion of facilities at the Blue Hills ski area in the town of Canton; provided further, that $1,880,000 shall be expended for improvements at Brookline reservoir park in the town of Brookline; provided further, that $2,500,000 shall be expended for improvements to Swan dtreet park in the city of Everett; provided further, that $750,000 shall be expended for the improvement and redesign of municipal land on Hobart street with the relocated historic train depot in the town of Danvers; provided further, that not less than $5,000,000 shall be expended for repairs and improvements to the Mayor Antonio J. “Tony” Marino Boardwalk at Lynn Heritage State Park; provided further, that $500,000 shall be expended for the planning and construction of a pavilion and amphitheater at the River Bend farm and visitors center at the Blackstone river and canal heritage park; provided further, that $250,000 shall be expended for the for the maintenance and restoration of Hopedale pond in the town of Hopedale; provided further, that $75,000 shall be expended to the town of Millis for athletic field improvements; provided further, that $3,000,000 shall be expended for upgrades and improvements at Zoo New England; provided further, that $890,000 shall be expended to the town of Falmouth for the Shining Sea bikeway improvements consisting of widening an existing 10-foot wide bikeway to 12 feet in width and installing a 1 1/2" ashphalt overlay of approximately 16,900 feet, or 3.2 miles, of shared-use way, signage and safety improvements, interconnection improvements in the downtown district, grading and loam seeding, engineering plans, erosion control and wetlands permitting; provided further, that $24,000,000 shall be expended for the acquisition of 1,483 acres of land in south Plymouth to be maintained as conservation land; provided further, that $250,000 shall be expended  for maintenance and improvements at Mittineague Park in the city known as the town of West Springfield; provided further, that $250,000 shall be expended for improvements to Dean park in the town of Shrewsbury; provided further, that $2,750,000 shall be expended to the city of Medford for maintenance and improvements to the Condon Shell and surrounding park on the Mystic Valley parkway and pedestrian improvements on the Mystic Valley parkway; provided further, that $5,000,000 shall be expended for the construction of the Greylock Glen Outdoor Recreation and Environmental Education Center in the town of Adams; provided further, that funds shall be expended for the improvement and expansion of historic Wahconah park in the city of Pittsfield; provided further, that not less than $100,000 shall be expended for the expansion of and certain improvements to the town forest in the town of Warwick; provided further, that $300,000 shall be expended for improvements to the municipal golf course in the town of Braintree; provided further, that $128,000 shall be expended for trail restoration, aesthetic improvements and additional signage at Green’s Hill Reservation in the city of Beverly; provided further, that $4,700,000 shall be expended for the restoration and redevelopment of an airplane hangar on Winter Island park in the city of Salem; provided further, that $1,500,000 shall be expended for the design and construction of improvements to the Southern New England Trunkline trail where it crosses Prospect street in the city known as the town of Franklin; provided further, that $1,500,000 shall be expended for design, improvements and repairs to Crocker field in the city of Fitchburg  provided further, that not less than $625,000 shall be expended for the development and maintenance of a community garden along the current Massachusetts Bay Transportation Authority commuter rail or tracks running west to east in the city of Malden; provided further, that $2,000,000 shall be expended for improvements to Pleasure Bay at Castle Island in the South Boston section of the city of Boston, including not less than $500,000 for renovations of the bathrooms along Castle Island and not less than $1,500,000 for upgrades to the Harry McDonough Sailing Center in Pleasure Bay in the South Boston section of the city of Boston; provided further, that $350,000 shall be expended to improve drainage and safe access to recreation fields located on Putnam Hill road in the town of Sutton; provided further, that $3,000,000 shall be expended for improvements to Tenean and Savin Hill beaches in the Dorchester section of the city of Boston, including not less than $500,000 for construction of a bathhouse at Savin Hill beach and not less than $2,500,000 for Tenean beach for flood mitigation, expansion of the beach and dune and relocation of the playground at Tenean beach; provided further, that not less than $1,000,000 shall be expended for the downtown corridor phase of the Columbia Greenway project in the city of Westfield;    ; provided further, that $4,000,000 shall be expended for public amenities on the Charles River Esplanade in the city of Boston including, without limitation, design, repair, renovations or replacement of the Dartmouth street comfort station; provided further, that $1,000,000 shall be expended for improvements to Winnekenni Castle park in the city of Haverhill; provided further, that not less than $150,000 shall be expended to improve water quality and lake restoration at Lake Attitash in the city known as the town of Amesbury; provided further, that not less than $150,000 shall be expended to improve water quality and lake restoration at Forest lake in the city known as the town of Methuen; and provided further, that $1,000,000 shall be expended for the design, permitting, remediation and reconstruction of the bulkhead wall along the Powwow and Back rivers at Heritage park in the city known as the town of Amesbury; and provided further, that $3,500,000 shall be expended for the development of a regional indoor ice skating rink and recreation center in the town of Norwood.…………………………….. $160,000,000

              2840-7026  For recreational trails matching grants to assist cities, towns and nonprofit organizations to construct, repair and protect recreational trails, including water trails, trails that access rivers, lakes and ponds and trails for the use of recreational vehicles and snow vehicles  under section 20 of chapter 90B of the General Laws; provided, that grant funds shall be expended to reimburse a city, town or nonprofit organization in an amount that the commissioner of conservation and recreation shall determine to be appropriate relative to the anticipated benefits of a project; provided further, that a city, town or nonprofit organization shall contribute at least 50 per cent of the project costs which may include in-kind expenses; and provided further, the funds expended from this item for the cost of employees shall not exceed 5 per cent of the funds expended from this item in a fiscal year………………………..$5,000,000

              SECTION 2C.

              EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS

              Department of Conservation and Recreation.

              2890-7035   For the design, construction, reconstruction, repair, improvement or rehabilitation of department of conservation and recreation parkways, boulevards, multi-use trails, internal state park roads and recreational trails, pedestrian bridges and related appurtenances and equipment including, but not limited to, the costs of engineering and other services for those projects rendered by department of conservation and recreation employees or by consultants; provided, that funds may be expended for pedestrian and bicycle safety, traffic calming, landscape improvements, street lighting and safety equipment; provided further, that all work funded by this item shall be carried out according to standards developed by the department of conservation and recreation pursuant to historic parkways preservation treatment guidelines to protect the scenic and historic integrity of the bridges and parkways under its control; provided further, that $7,000,000 shall be expended for the design and construction of 3 pedestrian underpasses adjacent to the Boston side of the Charles river at the River street and Western avenue bridges and the Larz Anderson bridge; provided further, that the pathway leading to these underpasses shall not extend laterally toward the center of the Charles river further than the new underpass finished tunnel bores; provided further, that the pathway leading to these underpasses shall not extend over the watersheet of the Charles river any further than the minimum distance required to achieve the required slope and grade specifications for the pathways to comply with the American with Disabilities Act; provided further, that the pathway structures and tunnels shall not alter the existing arches of the River street  or Western avenue bridges or hinder or impede any navigable waterway through the existing arches of those bridges; provided further, that $1,000,000 shall be expended for bicycle and pedestrian safety, signal improvements and traffic calming measures on Alewife Brook parkway and Fresh Pond parkway between Rindge avenue and the Eliot bridge in the city of Cambridge; provided further, that  $1,500,000 shall be expended to complete the Concord river greenway in the city of Lowell to connect it to the statewide Bay Circuit trail and greenway; provided further, that $300,000 shall be expended to install monitors at combined sewer overflow locations in the Mystic River Watershed; provided further, that $250,000 shall be expended for purpose of creating and maintaining a public website that compiles all information about pollution on rivers in the Commonwealth and notifies the public of any combined sewer overflows and the effect that the combined sewer overflow shall have on water quality in the affected river; provided further, that not more than $2,000,000 shall be expended for the construction of a recreational trail around Watson pond and for connecting access trails in Watson Pond state park in the city of Taunton; provided further, that $5,000,000 shall be expended for upgrades and improvements to the VFW Parkway in the West Roxbury section of the city of Boston; provided further, that $1,200,000 shall be expended for the planning, acquisition, design and construction of an extension of the Upper Charles trail in the town of Holliston; provided further, that $1,500,000 shall be expended for the planning, acquisition, design and construction of an extension of the Upper Charles trail from the town of Milford into the town of Hopkinton; provided further, that $10,000,000 shall be expended on design, signalization, safety improvements, sidewalks and aesthetic improvements on Brush Hill road and Truman parkway in the town of Milton; provided further, that the department of conservation and recreation shall ensure all signage on Truman parkway properly refers to the road as “Truman Parkway”; provided further, that not less than $1,000,000 shall be expended for aesthetic, pedestrian and vehicular traffic improvements at the intersection of Neponset Valley parkway and Brush Hill road in the town of Milton; and provided further, that $70,000 shall be expended for the completion of phase 5 of the North Central pathway in the city of Gardner and the town of Winchendon; provided further, that $1,000,000 shall be expended to acquire and increase public access to open space in the town of Medway including, but not limited to, the construction of improvements and facilities that increase the accessibility of walking trails and outdoor programming for children with special needs; provided further, that $500,000 shall be expended to realign Wills Work road in South Cape Beach state park in the town of Mashpee; provided further, that $250,000 shall be expended for the design and construction of a pedestrian, bicycle and multi-use pathway along the Charles river between state highway route 9 and state highway route 16 in the city of Newton and the improvement of that path to make it an official connector trail between Hemlock Gorge and the Leo J. Martin Golf Course; and provided further, that $1,000,000 shall be expended to improve accessibility for persons with disabilities on the Charles River Esplanade in the city of Boston and on the department of conservation and recreation Emerald Necklace parkways, including Fenway, Park drive, Riverway, Jamaicaway, Agassiz road, Willow Pond road, Perkins Street, Francis Parkman drive and Arborway in the city of Boston and the town of Brookline..........................$78,000,000

              SECTION 2D.

              EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS.

              Department of Energy Resources.

              9300-7031   For the leading by example program  to reduce greenhouse gas emissions and other environmental impacts at state agencies, authorities and public colleges and universities, to stimulate increased public and private sector investment in clean energy and related enterprises, institutions and projects, including providing economic assistance for the development of these enterprises and nonfinancial assistance; provided, that costs payable from this item shall include, but not be limited to, the costs of engineering and other services essential to these projects rendered by department of environmental protection and maintenance employees or by consultants; provided further, that for projects which the secretary of administration and finance certifies to the comptroller directly or indirectly generate new state revenue or budgetary savings, the comptroller shall transfer those budgetary savings or revenue to the state treasurer for payment of debt service related to those projects.................$5,000,000

              9300-7918   For the energy conservation improvement program under section 11 of chapter 25A of the General Laws; provided, that costs payable from this item shall include, but not be limited to, the costs of engineering and other services essential to these projects rendered by department of environmental protection and maintenance employees or by consultants; provided further, that funds in this item shall be allocated from time to time by the commissioner of energy resources for the purposes of the energy audit program, the energy conservation improvement program, the alternative energy property program and for other programs that increase energy efficiency and the deployment of renewable resources at public facilities; provided further, that when expending these funds, the commissioner shall take into consideration, among other relevant factors, the amount of available state and federal financial resources, the needs of each program with respect to public buildings and facilities, the volume of requests or expected requests from other entities for assistance under each program, the expected costs and public benefits of each program and, after information has become available from the energy audit program, the priorities and needs indicated by that information; provided further, that funds shall be expended on the buildings and facilities owned by public entities; provided further, that for projects which the secretary of administration and finance certifies to the comptroller directly or indirectly generate new state revenue or budgetary savings, the comptroller shall transfer those budgetary savings or revenue to the state treasurer for payment of debt service related to those projects; provided further, that grants may be issued to  municipalities, regional planning agencies, nonprofit organizations and other public and nonpublic entities for the purposes of this item; provided further, that funds shall be expended on energy efficiency and environmental improvements to Union station in the city of Springfield; provided further, that $200,000 shall be expended for heating and air conditioning system upgrades to the town of Auburn town hall; and provided further, that $3,300,000 shall be expended for the installation of energy conservation measures in the city of Springfield, including boiler replacement, vending misers, skim traps and motors......................... $10,000,000

              SECTION 2E.

              EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

              Division of Capital Asset Management and Maintenance.

              1102-2015   For the accelerated energy program to improve the energy efficiency of state-owned facilities, including costs associated with planning and studies, prepayment of lease for a term that exceeds the useful life of the facility, gifts or other transfers or by eminent domain under chapter 79 of the General Laws, for the preparation of plans and specifications, repairs, construction, renovations, improvements, asset management and demolition, disposition and remediation of state-owned and former county facilities and grounds and repair and maintenance of buildings and building systems and equipment at various state-owned facilities; provided, that all maintenance and repair work funded in this item shall be listed in the capital asset management information system administered by the division of capital asset management and maintenance; provided further, that the commissioner of capital asset management and maintenance may, if appropriate, transfer funds in accordance with the delegation of project control and supervision process under section 5 of chapter 7C of the General Laws; provided further, that costs payable from this item shall include, but not be limited to, the costs of engineering and other services essential to these projects rendered by division of capital asset management and maintenance employees or by consultants; provided further, that amounts expended for division employees may include the salary and salary-related expenses of such employees to the extent that they work on or in support of these projects; provided, however, that the division shall not expend more than 5 per cent of the funds authorized in this item for such costs; and provided further, that the commissioner of capital asset management and maintenance shall maximize efforts to utilize all available means to minimize use of capital funds to pay for salaries of division employees……………………………………………$62,000,000

              SECTION 2F.

              EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

              Division of Capital Asset Management and Maintenance.

              1102-2016   For the accelerated energy program to improve the energy efficiency of state-owned facilities, including costs associated with planning and studies, prepayment of a lease for a term that exceeds the useful life of the facility, gifts or other transfers or by eminent domain under chapter 79 of the General Laws, for the preparation of plans and specifications, repairs, construction, renovations, improvements, asset management and demolition, disposition and remediation of state-owned and former county facilities and grounds and repair and maintenance of buildings and building systems and equipment at various state-owned facilities; provided, that all maintenance and repair work funded in this item shall be listed in the capital asset management information system administered by the division of capital asset management and maintenance; provided further, that the commissioner of capital asset management and maintenance may, where appropriate, transfer funds in accordance with the delegation of project control and supervision process under section 5 of chapter 7C of the General Laws; provided further, that for projects which the secretary of administration and finance certifies to the comptroller directly or indirectly generate new state revenue or budgetary savings, the comptroller shall transfer those budgetary savings or revenue to the state treasurer for payment of debt service related to those projects; provided further, that costs payable from this item shall include, but not be limited to, the costs of engineering and other services essential to these projects rendered by division of capital asset management and maintenance employees or by consultants; provided further, that amounts expended for division employees may include the salary and salary-related expenses of such employees to the extent that they work on or in support of these projects; provided, however, that the division shall not expend more than 5 per cent of the funds authorized in this item for such costs; and provided further, that the commissioner of capital asset management and maintenance shall maximize efforts to utilize all available means to minimize use of capital funds to pay for salaries of division employees…………………………………$250,000,000

              SECTION 2G.

              EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS

              Office of the Secretary.

              2000-7026   For the design, construction, reconstruction, rehabilitation or removal of coastal infrastructure including, but not limited to, seawalls, jetties, revetments and retaining walls; provided, that costs payable from this item may include, but shall not be limited to, the costs of engineering and other technical assistance services essential to these projects rendered by the office of coastal zone management in the executive office of energy and environmental affairs, the office of waterways in the department of conservation and recreation and maintenance employees or consultants; provided further, that  loans may be made to local government units to carry out this item; provided further, that grants may be awarded to public entities to carry out this item; provided further, that $7,200,000 shall be expended for the reconstruction of the state-owned Point Allerton avenue seawall in the town of Hull; provided further, that $3,000,000 shall be expended for the maintenance, repairs and reconstruction of seawalls in the city of Quincy; and provided further, that funds shall be expanded for design, repair and reconstruction for the Long Beach seawall in the town of Rockport……$120,000,000

              SECTION 3. Section 24 of chapter 21 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words “The supervisors of a conservation district shall also:” and inserting in place thereof the following words:- A conservation district and its supervisors shall, in addition to any other powers granted under sections 21 to 25, inclusive,:

              SECTION 4. Said section 24 of said chapter 21, as so appearing, is hereby further amended by inserting after paragraph (4) the following paragraph:-

              (4A) To: (i) acquire by purchase, exchange, gift, grant, bequest or otherwise, any ownership interests and rights in real property located within the boundaries of the district and in personal property; (ii) hold such real and personal property interest in the name of the conservation district; (iii) subject to law and the nature of such interest, maintain, administer and improve any such property so acquired; (iv) receive income from such property and to expend any such income to carrying out the purposes and provisions of the conservation district as provided under sections 21 to 25, inclusive; and (v) sell, lease or dispose of such property or interests therein; provided, however, that interests in real property and personal property shall be acquired for conservation purposes and shall not be used or disposed of except in furtherance of such conservation purposes; provided further, that upon acquisition by a conservation district, such ownership interest and restricted purpose in real property shall be recorded in the name of the district in the registry of deeds or land court for the jurisdiction wherein the property is located; and provided further, thatll such property, including any income realized from such property or upon sale thereof, shall be exempt from taxation for state, county and municipal purposes and from betterments and special assessments.

              SECTION 5.  Section 27 of said chapter 21, as so appearing, is hereby amended by striking out clause (1) and inserting in place thereof the following clause:-

              (1) Encourage or require the adoption and execution by cities, towns, districts, commissions, authorities and other public agencies, and industries and other users of the waters of the commonwealth and by cooperative groups of municipalities and industries of plans for the prevention, control and abatement of water pollution.

              SECTION 6. Said section 27 of said chapter 21, as so appearing, is hereby further amended by inserting after the word “basin”, in line 60, the following words:- , watershed-based.

              SECTION 7.  Section 28 of said chapter 21, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

              (b) Within 90 days of receipt by a city or town council of a proposal by the division and approved by the commission or within 90 days of receipt by a municipality of an approval of an area-wide waste treatment management plan update under section 208 of the Federal Clean Water Act that includes a proposed water pollution abatement district as the designated area-wide waste treatment management agency for that municipality or that a water pollution abatement district which includes that municipality shall be established, the city or town council shall consider the proposal and indicate its approval or disapproval by voting by yeas and nays upon a question in substantially the following form:

              “Shall there be established a water pollution abatement district as recommended by the division of water pollution control and approved by the water resources commission, to include the city (cities) of (herein name of city or cities so proposed for inclusion) and the town (towns) of (herein name of town or towns proposed for inclusion in part) and the construction, acquisition, extension, improvement, maintenance and operation of a system of water pollution abatement facilities by the the district in accordance with chapter 21 of the General Laws?”

              Within 90 days of receipt by the selectmen or the city or town council of a municipality of a proposal by the division and approved by the commission that a water pollution abatement district which includes that municipality or a part of a municipality shall be established or within 90 days of receipt by the selectmen or the city or town council of any municipality of an approval of an area-wide waste treatment management plan update under section 208 of the Federal Clean Water Act that includes a proposed water pollution abatement district as the designated area-wide waste treatment management agency for that municipality, the selectmen or the city or town council shall cause to be presented for determination by vote, with printed ballots at an annual or special town meeting or special election called for the purpose, the question of approving the proposal, which question shall be in substantially the form set forth above. If the proposed district includes any part of a city or town, the selectmen or the city or town council shall call a special meeting for the purpose of approving the proposal at which only registered voters resident in that part of the municipality proposed to be included in the district may vote. The warrant for such meeting shall be posted in not less than 2 public places in the part of the municipality affected at least 7 days before the day of the meeting and the moderator or city clerk shall preside at such meeting and the city or town clerk shall keep the records thereof. Whenever within that 90-day period each municipality or part thereof proposed for inclusion in the district shall have indicated its approval of the proposed district by vote in the affirmative on the question in the manner described in this subsection, the district shall be deemed to be established. In the event that the municipality or a part of the municipality proposed by the division for inclusion in a district fails to vote in the affirmative on the question within the 90-day period, the director shall conduct a public hearing. Upon completion of the hearing, the director may, upon finding that the creation of the district is necessary for the prompt and efficient abatement of water pollution and with the approval of the water resources commission, declare the mandatory formation of the district.

              SECTION 8.  Subsection (c) of said section 28 of said chapter 21, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

              If the enlargement or consolidation involves a district formed mandatorily as provided in subsection (b), the director shall conduct a public hearing. Upon completion of the hearing, the director may, upon finding that the formation of the district is necessary for the prompt and efficient abatement of water pollution and with the approval of the water resources commission, declare the enlargement or consolidation on the part of the district.

              SECTION 9.  Said chapter 21 is hereby further amended by striking out section 30, as so appearing, and inserting in place thereof the following section:-

              Section 30. A district commission: (i) may act by a majority vote of the full commission; (ii) shall adopt by-laws and regulations for the conduct of its affairs; (iii) shall adopt a name and a corporate seal; (iv) may sue and be sued; (v) may enter into contracts, (vi) may incur expenses in order to carry out its purposes; (vii) may issue bonds and notes as hereinafter provided; (viii) may acquire, dispose of and encumber real and personal property for the purposes of the district; (ix) may manage, control and supervise abatement facilities; (x) may construct, acquire, improve and maintain and operate abatement facilities; (xi) may exercise the power of eminent domain under chapter 79; (xii) shall provide revenue to carry out the purposes of the district in accordance with sections 35 and 36; (xiii) may apply for, accept and receive financial assistance from the federal government and the commonwealth; and (xiv) shall apply for and hold permits issued by the department of environmental protection and any other federal or state regulatory agency required for those facilities and operations necessary to prevent, control or abate water pollution.

              A district commission may lay out, construct, maintain and operate a system of common sewers and main drains in public or private ways for a part or the whole of its territory as it adjudges necessary for the public health or convenience with such connections and other works as may be required for a system of sewerage and drainage, stormwater treatment and disposal and sewage treatment and disposal including, but not limited to, alternative wastewater treatment techniques approved or permitted by the department of environmental protection and proposed as part of an approved area-wide wastewater management plan adopted under Section 208 of the federal Clean Water Act.   Such works for sewage treatment and disposal may include: (i) any wastewater treatment facility for treating, neutralizing or stabilizing sewage, including treatment or disposal plants; (ii) the necessary intercepting, outfall and outlet sewers; (iii) pumping stations integral to such facilities; and (iv) equipment and appurtenances related to the foregoing and the facilities, structures or other measures for alternative wastewater management treatment techniques. The works for drainage may include a stormwater treatment facility or measure of treating, or removing sediment or contaminants from, stormwater discharges. For the purposes of this chapter , “sewage” shall mean wastewater from homes, public buildings, commercial or industrial establishments or any combination thereof and shall include any surface or ground water that may be present therein. For the purposes of this chapter, ”stormwater” shall mean surface runoff from precipitation.

              A district commission may install and maintain, in any public or private way in the district where sanitary sewers are constructed, such connecting sewers within the limits of such way as may be necessary to connect any estate which abuts upon the way.

              No act shall be done except in the making of surveys, reports and other preliminary investigations until the plan for any such system of sewerage and sewage treatment and disposal has been approved by the department of environmental protection.

              A district commission may acquire, install, operate, maintain, remove, repair or replace any septic system located within its district.

              A district commission may take by eminent domain under chapter 79 or acquire by purchase or otherwise any lands, rights of way or easements, public or private, in the district which may be necessary for accomplishing any of the purposes of  this section and may construct such sewers or drains under or over any bridge, railroad, railway, or public way, or within the location of any railroad, and may enter upon and dig up any private land, public way or railroad location for the purpose of laying such sewers or drains and maintaining and repairing the same and may do any other thing proper or necessary for the purposes of this section; provided, however, the commission shall not take in fee any land of a railroad corporation and shall not enter upon or construct any sewer or drain within the location of any railroad corporation, except at such time and in such manner as it may agree upon with such any railroad corporation or, in case of failure to agree, as may be approved by the department of telecommunications and energy. Any person whose property is injured  by any such action may recover damages from the district under chapter 79.

              A district commission may make contracts with, or may go to aid any other city, town, commission or district with regard to the operation, repair and maintenance of the physical properties of its system of sewers and drains.  Members of such districts while in the performance of their duties under any such contracts or in extending such aid shall have the same immunities and privileges as if performing the same work in their respective cities, towns, commissions and districts.  Any city, town, commission or district aided under this section shall compensate the district rendering aid as aforesaid for such aid and for the whole or any part of any damage to its property sustained in the course of rendering such aid. Any contracts under this section may be for a period not exceeding 20 years.

              SECTION 10. Section 42 of said chapter 21, as so appearing, is hereby amended by striking out, in line 4, the word “forty-three” and inserting in place thereof the following words:-_27 or 43.

              SECTION 11.  Section 43 of said chapter 21, as so appearing, is hereby amended by striking out subsections (7) and (8) and inserting in place thereof the following 2 subsections:-

              (7) A permit shall specify effluent limitations, interim and final deadlines as appropriate for compliance, the term for which the permit is issued, which shall not be in excess of 20 years, as prescribed by the director by regulation for each category of permits and such requirements of proper operation and maintenance, monitoring, sampling, recording, reporting and inspection as the director may prescribe. Permits may specify additional requirements as the director deems necessary to safeguard the quality of the receiving waters or to comply with pertinent provisions of the laws of the commonwealth or of federal law, including technical controls and other components of treatment works to be constructed or installed and provisions for insuring payments of user charges,.

              (8) A permit for a discharge to publicly owned treatment works shall require a user to comply with pretreatment standards and other safeguards which the director may require to prevent excessive or improper waste loadings. With the approval of the director, a municipality, individually or acting in concert with other municipalities, a district, commission, authority or other public agency operating treatment works may administer, in whole or in part, the system of permits that shall regulate discharges to those works.

              SECTION 12. Chapter 23A of the General Laws is hereby amended by adding the following section:-

              Section 65. (a) There shall be within the department a Massachusetts Food Trust Program. The purpose of this program shall be to establish a financing infrastructure that increases access to healthy food options and improves economic opportunities for nutritionally underserved communities in urban, rural and suburban localities.

              As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

              “Community development financial institution”, a person other than an individual that has a primary mission of promoting community development, that serves an investment area or targeted population, that provides development services and equity investments or loans through an affiliate or a community partnership, that maintains accountability to residents of its investment area or targeted population through representation on its governing board or otherwise and is not an agency or instrumentality of the United States, the commonwealth or any political subdivision of the commonwealth; provided, however, that a subsidiary of a community development financial institution shall only qualify as a community development financial institution if its parent company and the subsidiaries of the parent company on a consolidated basis also qualify as community development financial institutions.

              “Food opportunity area”, a community or sections of a community of low and moderate income, where the growth of food enterprises would create jobs, attract investment or provide greater access to foods produced in the commonwealth for local residents of low and moderate income.

              “Low-income area”, a census tract as reported in the most recently completed decennial census published by the United States Census Bureau that has a poverty rate of at least 20 per cent or in which the median family income does not exceed 80 per cent of the greater of the statewide or metropolitan median family income.

              “Moderate income area”, a census tract in which the median family income is between 81 and 95 per cent of the median family income for the area.

              “Underserved community”, a low-income and moderate income census tract determined to be an area with low supermarket access by the United States Department of Agriculture as identified in the United States Department of Agriculture’s Food Access Research Atlas, through a methodology that has been identified as having low access to a supermarket or grocery store or through a methodology that has been adopted for use by the department of food and agriculture, the department of economic development or another governmental or philanthropic healthy food initiative.

              (b) A community development financial institution may develop and implement flexible financing programs, including loans, grants and technical assistance, and enter into external partnerships to raise matching funds, market the programs, evaluate applicants, make award decisions, underwrite loans and monitor compliance and impact.  Activities eligible for assistance shall include, but not be limited to (i) the development, renovation and expansion of supermarkets; (ii) farmers’ markets; (iii) community kitchens; (iv) food truck commissaries; (v) indoor and outdoor greenhouses; (vi) winter and year-round farmers’ markets; (vii) retail, restaurant and supporting food distribution hub options serving such food opportunity areas as approved by the department; provided, however, that applicants for such projects shall demonstrate a meaningful commitment to sell fresh, local products; (viii) infrastructure for urban and rural-based community-supported agriculture businesses; and (ix) working capital for such projects which shall include, but not be limited to, equipment and furnishings, workforce training, security and certain predevelopment costs.

              (c) The community development financial institution shall work with existing state and federal agencies, including the small business capital access program, the United States Department of the Treasury, the United States Department of Health and Human Services and the United States Department of Agriculture, regarding financing.  To secure grants from private sources, the community development financial institution shall consult with organizations with expertise with food access to analyze market opportunities in underserved communities, conduct outreach and marketing to food retailers and determine the site eligibility of applicants.

              (d) The community development financial institution shall work in conjunction with local community colleges and vocational education institutions to develop programs designed to train and educate food sellers respecting the designating and marketing of nutritious foods and to assist in the development of public education programs designed to make the buying public aware of the need for nutritious foods and the identity of nutritious foods.

              (e) A community development financial institution that serves an underserved community shall cooperate with the Massachusetts food policy council to promote and develop farmers’ market programs within targeted communities where local growers shall be given the opportunity to market their produce and to educate residents as to the nutritional importance of their produce.

              (f) In order to be eligible for financial assistance, a project shall demonstrate to a community development financial institution through impact statements that it is able to provide a positive economic and social impact to its local community.

              (g) An impact statement shall be submitted to a community development financial institution upon application and not later than February 1 annually each successive year. An impact statement shall include: (i) the positive economic impact provided to the community through job training and employment practices; (ii) information on women and people of color; and (iii) information on veteran status of ownership and full-time employees. Failure of a recipient of financial assistance from a community development financial institution to show positive economic and social impact may be cause for the community development financial institution to discontinue financial assistance to the recipient.

              (h) To the maximum extent practicable, a recipient of financial assistance from a community development financial institution shall provide healthy and nutritious food to its customer base and shall promote community development by working with other state and local programs.

              (i) A community development financial institution that serves an underserved community shall forward the annual impact reports collected from supermarkets, farmers’ markets or food stores to the Massachusetts food policy council and shall include the following information: (1) the recipients of financial assistance from community development financial institutions; (2) the total amount of funds obtained by each recipient; and (3) the number of employees in each supermarket, farmers’ market and food store.

              (j) A community development financial institution that serves an underserved community shall on a periodic basis consult with the Massachusetts grocery access task force to ensure the task force’s awareness of the efforts of the community development financial institution and to seek information and assistance when necessary.

              SECTION 13. Subsection (a) of section 3 of said chapter 23J of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out clauses (30) and (31) and inserting in place thereof the following 3 clauses:-

              (30) to establish, if the center so chooses, an entrepreneurial fellowship program, which shall award grants to entrepreneurs from business sectors other than clean energy sectors to enroll in programs to foster knowledge and expertise of clean energy technology; provided, however, that the clean energy technology programs shall be based upon intensive technology, market and policy curriculum; and provided further, that the center shall establish public-private partnerships and enter into contribution agreements with commonwealth-based companies and venture capitalists to support programs designed to mentor and train entrepreneurs from other business sectors in the areas of clean energy technology and development to increase investment in the commonwealth’s clean energy sector;

              (31) to administer the trust fund in accordance with section 9; and

              (32) to borrow and repay money by issuing bonds or notes, to apply the proceeds of such bonds or notes to the furtherance of the centers purpose under this chapter and to pledge or assign or create security interests in any revenues, receipts or other assets or funds of the center to secure bonds or notes including, without limitation, amounts received or held in the Massachusetts Renewable Energy Trust Fund established in section 9; provided, however, that bonds and notes issued under this clause shall not be deemed to constitute a debt of the commonwealth or any political subdivision thereof and such bonds and notes shall be payable solely from the amounts received or held in such Massachusetts Renewable Energy Trust Fund; and

              SECTION 14. Section 9 of said chapter 23J, as so appearing, is hereby amended by adding the following subsection:-

              (h) The center may, at any time and from time to time to, issue its debt obligations in 1 or more series and in such principal amounts as in the opinion of the center shall be necessary for achieving its corporate purposes. The bonds or notes issued pursuant to the security provided by this subsection shall not be deemed to constitute a debt of the commonwealth or any political subdivision thereof or a pledge of the credit of the commonwealth or any political subdivision and such bonds and notes shall be payable solely from the amounts received or held in the Massachusetts Renewable Energy Trust Fund.

              The power to determine any of the details of the debt obligations of the center including, but not limited to, their date of issue, their maturity, their interest rates, the dates of payment of interest, their denominations, their form, their execution, their terms of redemption, and the power to award such debt obligations to purchasers may be delegated by the board to any member thereof or to any agent of the center.

              In the discretion of the center, debt obligations issued under this section may be secured by trust agreements. Any such trust agreement may pledge, grant a security interest in or otherwise assign as security for debt obligations which secures it all or any part of the revenues, funds or assets of the center; provided, however, that bonds or notes issued under this subsection shall be payable solely from the amounts received or held in the Massachusetts Renewable Energy Trust Fund. The center may create and establish debt service reserve funds and may pay into such reserve funds: (i) any money appropriated or made available by the commonwealth for such funds; (ii) any proceeds of sale of debt obligations to the extent provided in the resolution of the center authorizing the issuance thereof or a trust agreement securing the same; and (iii) any other money which may be available to the center for such purposes. The money held in or credited to any debt service reserve fund established pursuant to this subsection shall be used solely for the payment of the principal of debt obligations of the center secured by such reserve fund as the same mature, the purchase of such debt obligations of the center, the payment of interest on such debt obligations of the center or the payment of any redemption premiums required to be paid when such debt obligations are redeemed prior to maturity; provided, however, that money in any such fund shall not be withdrawn therefrom at any time in such amounts as would reduce the amount of such fund to less than the minimum fund balance with respect thereto as designated in a resolution adopted by the board or as set forth in a trust agreement which secures such debt obligations and any such designation shall be subject to amendment only as to the extent provided in such resolution or instrument.

              In implementing this subsection, the commonwealth shall not be under any legal or moral obligation to make any appropriation or provision to the center of any additional funds beyond those collected pursuant to section 20 of chapter 25 in order to ensure the maintenance of the minimum fund balance of any such debt service reserve fund established by the center.  Any debt obligation issued by the center shall contain on its face a statement to the effect that neither the faith and credit nor the general taxing power of the commonwealth or any of its political subdivisions nor the moral obligation to make available to the center any funds beyond those collected pursuant to said section 20 of said chapter 25 is pledged to the payment of the principal of or premium, if any, or interest on such debt obligation.

              All bond or notes of the center executed under this subsection shall have all of the qualities and incidents of negotiable instruments under chapter 106. Debt obligations issued by the center under this subsection shall be made securities in which all public officers and public bodies of the commonwealth and its political subdivisions, all insurance companies, trust companies, savings banks, co-operative banks, banking associations, investments companies, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds may properly and legally invest, including capital in their control or belonging to them. Such debt obligations shall be securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the commonwealth and for any purpose for which the deposit of bonds or other obligations of the commonwealth may now or hereafter be authorized by law.

              SECTION 15.  Chapter 29 of the General Laws is hereby amended by inserting after section 2KKKK the following section:-

              Section 2LLLL. (a) There shall be established and set up on the books of the commonwealth a Climate Change Adaptation Infrastructure Investment Fund into which shall be deposited amounts credited or transferred to the fund by the general court or any other source including, without limitation, federal grants, loan repayments, investment earnings on monies in the fund and any other amounts required to be credited to the fund by law or by resolution or agreement entered into by the department of conservation and recreation, the office of coastal zone management or the department of fish and game. The fund shall be administered by the secretary of energy and environmental affairs. Monies deposited into the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.

              (b) Amounts credited to the fund may be used, without further appropriation, for the costs associated with the operations of the division of waterways and the office of dam safety within the department of conservation and recreation, the department of environmental protection, the department of fish and game and its divisions and the office of coastal zone management for the costs associated with operations but such expenditures shall be solely for the purposes stated in this section and no funds shall be transferred from the trust to any other fund.  The fund shall be used to provide grants or loans to agencies of the commonwealth and local governmental bodies to finance or refinance costs of inspection, repair and removal projects including, but not limited to, projects related to seawalls, jetties, revetments, retaining wall, and inland flood control; provided, however, that the secretary of energy and environmental affairs shall require a local match for any funds provided to a local governmental body. The amount expended from the fund during any fiscal year for the costs of employees shall not exceed 5 per cent of the funds expended from the fund in that fiscal year. As used in this section, a “local governmental body” shall include a municipality, district or regional governmental unit and a commission or board of a municipality and a district or regional governmental unit.

              (c) Annually, not later than September 1, a local governmental body or public flood control infrastructure owner may apply to the secretary of energy and environmental affairs for assistance in financing the cost of an eligible infrastructure project. Priority shall be given to projects that are owned or operated by agencies of the commonwealth or local governmental bodies.

              SECTION 16. Subsection (p) of section 6 of chapter 62 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 739, the figure "$50,000" and inserting in place thereof the following figure :-$75,000.

              SECTION 17. Section 38AA of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 41, the words "fifty thousand dollars" and inserting in place thereof the following figure:- $75,000.

              SECTION 18. Section 34A of chapter 164 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

              (f) A state agency or state authority, as defined in section 1 of chapter 29, shall have the same rights as a city or town under this section, without the conditions set forth in the second sentence of the introductory paragraph of subsection (a).

              SECTION 19. Section 142 of said chapter 164, as so appearing, is hereby amended by adding the following paragraph:-

              A distribution company shall not exercise its franchise rights in a way that would affect the distribution and sale of low-emissions electricity by facilities to end use customers; provided, however, that the department may grant a waiver of this prohibition upon a finding that the waiver is in the public interest and that failure to grant the waiver would result in irreparable harm to the distribution company. Any party aggrieved by a decision of the department under this section may seek judicial review under chapter 30A.

              SECTION 20. Item 2000-7013 of section 2A of said chapter 312 of the acts of 2008 is hereby amended by inserting after the word “provided”, in line 8, the following words:-  , that any land protected with funds authorized in this item be open to the general public for appropriate passive recreation; provided further.

              SECTION 21. Item 2000-7014 of said section 2A of said chapter 312 is hereby amended by striking out, in line 1, the word “park”  and inserting in place thereof the following word:- parkland.

              SECTION 22. Item 2000-7016 of said section 2A of said chapter 312 is hereby amended by striking out the wording and inserting in place thereof the following wording:-

              For the conservation partnership grant program to assist not-for-profit corporations and soil conservation districts defined in sections 19 to 24, inclusive, of chapter 21 of the General Laws in acquiring interests in lands suitable for conservation or recreation; provided, that the corporation shall be formed for 1 of the purposes described in section 4 of chapter 180 of the General Laws and the corporation shall be considered an exempt organization within the meaning of section 501(c)(3) of the Internal Revenue Code; provided further, that grant funds shall be expended to reimburse an eligible corporation or soil conservation district for money expended by it in establishing a project approved by the secretary of energy and environmental affairs under this program in an amount that the secretary shall determine to be equitable in consideration of anticipated benefits from the project; provided further, thatthe amount of the reimbursement shall not exceed 50 per cent of the cost of the project; provided further, that no reimbursement shall be made under this item to a corporation or soil conservation district unless a project application is filed with the secretary by the corporation or soil conservation district setting forth the plans and information that the secretary may require and have been approved by the secretary; provided further, that no reimbursement shall be made under this item until the corporation or soil conservation district shall have certified, in a manner approved by the secretary, its ability to provide an amount equal to the total cost of the project or until the project has been completed, to the satisfaction of the secretary, in accordance with the approved plans; provided further, that all projects shall include the grant by the corporation or soil conservation district of an appropriate perpetual conservation restriction, within the meaning of sections 31 and 32 of chapter 184 of the General Laws, to the city or town in which the project is located, to be managed by either its conservation or its recreation commission or a federal or state agency or a combination thereof; provided further, that all projects shall provide appropriate public access as determined by the secretary; and provided further, that the secretary may adopt rules and regulations to carry out this item.

              SECTION 23. Item 2200-7011 of said section 2A of said chapter 312 is hereby amended by striking out, in lines 1 to 21, inclusive, the words “For the purposes of water quality monitoring, assessment and protection as required to meet the legislative and regulatory requirements of the Rivers Protection Act, the federal and state Clean Water Acts and the Massachusetts Wetlands Protection Act and to provide for integrated energy and environmental projects to optimize and preserve environmental quality and public health and provide for appropriate protection, restoration, management, and best use of air, energy, water and land resources; provided, that this funding, may include, but not be limited to, studies of water quality, the development of wetlands conservancy and tidelands Geographic Information System (GIS) maps, the implementation of water quality monitoring devices, the collection and analysis of water quality samples, the development of water quality analyses known as Total Maximum Daily Loads (TMDL’s), and projects related to non-point and point sources of water pollution, and the wetlands circuit rider program; otherwise referred to as Area 10 in the town's CWRMP ” and inserting in place thereof the following words:-  For investment in water and air quality protection as required to meet the legislative and regulatory requirements of the Rivers Protection Act, the federal and state Clean Water Acts and the Massachusetts Wetlands Protection Act and to provide for integrated energy and environmental projects to optimize and preserve environmental quality and public health and provide for appropriate protection, restoration, management and best use of air, energy, water and land resources, assets and infrastructure; provided, that this funding may include, but shall not be limited to, research, studies and the collection of data to support investment in environmental assets, which may include, but not be limited to, studies of water quality, the development of wetlands conservancy and tidelands Geographic Information System, or GIS, maps, the implementation of water quality monitoring initiatives, the collection and analysis of water quality samples and the development of water quality analyses known as Total Maximum Daily Loads, or TMDLs, projects related to nonpoint and point sources of water pollution and the wetlands circuit rider program; provided further, that funds may be expended for local grants and research for implementation of the commonwealth’s Sustainable Water Management Initiative, such grants and research to provide the data necessary for municipalities to invest in efficient and effective mitigation practices to restore and preserve the commonwealth’s water resources, assets and infrastructure; provided further, that funds authorized in this item may be used for the purposes of the department’s statewide air monitoring network which may include, but shall not be limited to, photochemical assessment monitoring stations, small particulate monitoring and air toxins monitoring; and provided further, that funds authorized in this item may include the upgrade of equipment to comply with federal requirements.

              SECTION 24. Item 2200-7017 of said section 2A of said chapter 312 is hereby amended by striking out, in lines 7 to 9, inclusive, the words “department of environmental protection to be of potential use for water supply purposes; provided, that any grants approved by the department” and inserting in place thereof the following words:- executive office of energy and environmental affairs to be of potential use for water supply purposes; provided, that any land protected with funds authorized in this item shall be made open to the general public for passive public recreation where appropriate; provided further, that any grants approved.

              SECTION 25. Item 2300-7010 of said section 2A of said chapter 312 is hereby amended by striking out, in line 12, the words “fisheries and wildlife” and inserting in place thereof the following words:- fish and game.

              SECTION 26. Said item 2300-7010 of said section 2A of said chapter 312 is hereby further amended by inserting after the word “easement”, in line 17, the following words:- or conservation restrictions.

              SECTION 27. Said item 2300-7010 of said section 2A of said chapter 312 is hereby further amended by inserting after the word “restrictions”, in line 22, the following words:- or conservation easements.

              SECTION 28. Item 2300-7011 of said section 2A of said chapter 312 is hereby amended by inserting after the word “centers”, in line 8, the following word:- , dams.

              SECTION 29. Item 2300-7013 of said section 2A of said chapter 312 is hereby amended by inserting after the word “recovery”, in line 6, the following words:- and rehabilitation.

              SECTION 30. Said item 2300-7013 of said section 2A of said chapter 312 is hereby amended by inserting after the word “recovery”, in line 12, the following words:- and rehabilitation projects.

              SECTION 31. Item 2300-7014 of said section 2A of said chapter 312 is hereby amended by striking out, in lines 16 to 20, inclusive, the words “provided, that the commissioner shall identify at all scales the natural and cultural resources at risk from invasive species and conduct baseline assessments of invasive species at those sites and to educate the public to help prevent and control invasive species”.

              SECTION 32. Item 2300-7017 of section 2A of said chapter 312 is amended by inserting after the word “studies”, in line 36, the following words:- ; provided further, that funds may be expended from this item for a cooperative research program between the department of fish and game and the division of fisheries and wildlife, the University of Massachusetts cooperative research unit and the United States Geological Survey to study the status of the aquatic biological diversity in the flowing and impounded water of the commonwealth and the impacts of anthropogenic factors on aquatic resources and develop and implement capital mitigation projects for impacts to aquatic species and other factors; provided further, that research shall include, but not be limited to, the impacts of water withdrawal, impervious cover and water impoundments.

              SECTION 33. Item 2500-7013 of said section 2A of said chapter 312 is hereby amended by inserting after the word “farms”, in line 9, the following words:- to promote urban agriculture.

              SECTION 34. Item 6121-1317 of section 2A of chapter 79 of the acts of 2014 is hereby amended by striking out the words “; provided further, that $65,000,000 shall be expended on the dredging of Boston Harbor”.

              SECTION 35.  Said item 6121 of said chapter 79 is hereby further amended by striking out the words “$1,000,000 shall be expended for the planning, design, construction and any other associated costs for transportation improvements at the intersection of state highway route 9, Worcester street, and Kingsbury street in the town of Wellesley” and inserting in place thereof the following words:- not less than $1,000,000 shall be expended for the planning, design, construction and any other associated costs for traffic mitigation work along state highway route 9 and Weston road attributable to the development of 900 Worcester street in the town of Wellesley.

              SECTION 36. To meet the expenditures necessary in carrying out items 2800-7029, 2800-7031, 9300-7030, 9300-7919 of section 2, items 2000-7070 and 7100-1135 of section 2A and items 2000-7051, 2000-7059, 2000-7061 and 2500-7023 of section 2B, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $118,695,000. All such bonds issued by the commonwealth shall be designated on their face, Accelerated Energy Program Improvement Act of 2014, and shall be issued for a maximum term of years, not exceeding 10 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2029. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

              SECTION 37. To meet the expenditures necessary in carrying out items 2000-7053, 2200-7021, 2300-7021, 2300-7027, 2300-7028, 2000-7035, 2800-7032, 2800-7107, 2800-7108 and 2840-7027 of section 2, items 0620-1001, 1100-2511, 1100-2530, 2000-7028, 2000-7031, 2000-7054, 2000-7063, 2800-7135, 2500-7024, 1100-2510, 7100-3000, 7100-3001, 7100-3002 and 7100-3003 in section 2A, and items 2000-7055, 2000-7057, 2000-7062, 2200-7023, 2200-7025, 2300-7023, 2300-7024, 2300-7025, 2300-7026, 2840-7024 and 2840-7026 of section 2B and sections 2C to 2G, inclusive, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $1,535,525,000. All such bonds issued by the commonwealth shall be designated on their face, Accelerated Energy Program Improvement Act of 2014, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2039. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

              SECTION 38. To meet the expenditures necessary in carrying out item 2800-7027 and 6720-1336 of section 2, items 2000-7056, 2000-7058, 2000-7066, 2500-7011 and 6720-1335 of section 2A and items 2000-7052, 2000-7060, 2300-7020 of section 2B, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $278,660,000. All such bonds issued by the commonwealth shall be designated on their face, Accelerated Energy Program Improvement Act of 2014, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2049. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

              SECTION 39. Appropriations made pursuant to sections 2 to 2G, inclusive, shall be available for expenditure in the 4 fiscal years following June 30 of the calendar year in which the appropriation is made and any portion of such appropriation representing encumbrances outstanding on the records of the state comptroller’s office at the close of the fourth fiscal year may be applied to the payment thereof any time thereafter. The unencumbered balance shall revert to the commonwealth at the close of the fourth fiscal year.

              SECTION 40. To provide for the continued availability of certain bond-funded spending authorizations which otherwise would expire, the unexpended balances of the following capital accounts are hereby extended through June 30, 2017, for the purposes of and subject to the conditions stated for these items in the original authorizations and any amendments to such authorizations: 6121-0847, 0526-2012, 0620-1000, 0620-2000, 1100-2500, 1102-5000, 1102-6000, 1102-7000, 2000-7013, 2000-7014, 2000-7015, 2000-7016, 2000-7018, 2000-7022, 2000-7023, 2000-7024, 2000-7025, 2200-7011, 2200-7012, 2200-7013, 2200-7014, 2200-7015, 2200-7017, 2200-7018, 2300-7010, 2300-7011, 2300-7013, 2300-7014, 2300-7015, 2300-7016, 2300-7017, 2300-7018, 2500-7012, 2500-7013, 2500-7014, 2800-7011, 2800-7012, 2800-7013, 2800-7015, 2800-7016, 2800-7017, 2800-7018, 2800-7019, 2800-7022, 2800-7097, 2800-7098, 2840-7014, 2840-7017, 6720-7010, 9300-7010, 9300-7909, 2890-7010, 2890-7011, 2820-1420, 2000-2011, 2000-2012, 2000-2013, 2000-2015, 2000-2017, 2000-2018, 2000-2019, 2000-2020, 2000-2021, 2000-2024, 2000-2025, 2000-2035, 2200-2011, 2200-2014, 2200-2015, 2200-2017, 2300-2011, 2300-2012, 2300-2014, 2300-2016, 2300-2017, 2800-0018, 2800-2011, 2800-2017, 2800-2019, 2800-2021, 2800-7015, 2820-2011, 2820-2012, 2840-2013, 2840-2015, 2840-2016, 2840-7014, 2840-2019, 2840-2020, 2840-2022, 2840-2023, 2890-2023, 2890-2040, 8000-9012, 6121-0800, 2850-9951, 2840-7875, 2200-8969, 2820-8861, 2850-6967, 6121-0816, 6121-0817, 2240-8820, 2250-8820, 2250-8822.

              SECTION 41. The secretary of administration and finance shall submit a report on the progress of any projects funded through the authorizations in this act to the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means and the chairs of the senate and house committees on bonding, capital expenditures and state assets. The report shall include, but not be limited to, the previous year planned spending, previous year spending, current year planned spending, current year spending to date, original estimated total project cost, project description, location of the project, type of spending, type of asset and useful life of the project once completed.  The report shall be submitted on June 30 and December 31 of each year for a period of 8 years after the effective date of this act.

              SECTION 42. Each agency acquiring land or an interest in land under section 2, 2A, 2B, 2C, 2D and 2G may expend an amount not to exceed 5 per cent of the amount appropriated to that agency in said section 2, 2A, 2B, 2C, 2D and 2G for the purpose of reimbursing nonprofit land conservation organizations or land trusts for reasonable expenses directly associated with the acquisition of land or interests in land subsequently conveyed to the commonwealth. Reimbursements shall be made at the discretion of the agency. The secretary of energy and environmental affairs shall determine by regulation what shall constitute reasonable expenses. If the commonwealth does not take title to the property through no fault of the nonprofit organization or the commonwealth, the commonwealth may reimburse the nonprofit organization for reasonable expenses associated with due diligence. An organization receiving a reimbursement under this section shall convey the land or interest in land to the agency for an amount not to exceed the actual purchase price paid by the organization for the land or interest in land in addition to any reimbursement received under this section.

              SECTION 43. No amounts authorized in section 2, 2A, 2B, 2C, 2D and 2G shall be used by a recipient municipality for the supplementing or supplanting of normal operating expenses of any function of the municipality.

              SECTION 44.  The department of conservation and recreation, in consultation with the secretary of energy and environmental affairs and the division of fisheries and wildlife, shall identify areas in which deer overpopulation is negatively impacting forestation, water resources or plant growth on department-owned land.  The department of conservation and recreation shall also consult with the department of public health regarding the prevalence of tick-borne illnesses as a result of deer overpopulation.  The department of conservation and recreation shall use best efforts to develop a plan to appropriately cull deer herds in these areas by October 1, 2014 with a focus on areas where the deer population exceeds 50 deer per square mile. The department of conservation and recreation and the division of fisheries and wildlife may promulgate regulations as necessary to effectuate this section.

              The department of conservation and recreation shall consult with affected municipalities in establishing the plan.  This consultation shall include, but shall not be limited to, the prevalence of tick-borne illnesses and the effect of overpopulation on natural resources within the municipality. 

              SECTION 45.  Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority, or the commonwealth acting by and through the Massachusetts Department of Transportation, shall transfer title of the Narrow Gauge Extension in the East Boston section of the city of Boston, running from the Wood Island Marsh overlook to Constitution beach, to the Massachusetts Port Authority for $1.  Upon receipt, the Massachusetts Port Authority shall grant an easement on the whole of the land to the city of Boston to construct a public park.  Upon completion of the project, the Massachusetts Port Authority shall retain the property and undertake the operation, maintenance and management of the extension.  The Massachusetts Port Authority shall enter into a contract with the East Boston Project Advisory Committee , Inc.,established pursuant to chapter 349 of the acts of 1986, to specify and detail the operational and maintenance requirements of the authority with respect to the park constructed on the Narrow Gauge extension land; provided, however, that because the land on which the Narrow Gauge Extension is intended for the purpose of creating a significant open space as a publically accessible park and open space area, the Narrow Gauge Extension shall be afforded the protections of Article 97 of the Amendments of the Constitution subject to any existing easements as of record or any easements created during the transfer of the Narrow Gauge Extension from the Massachusetts Bay Transportation Authority to the Massachusetts Port Authority.

              SECTION 46. Notwithstanding section 30 of chapter 29 of the General Laws or section 65 of chapter 30 of the General Laws, not more than 5 per cent of the funds authorized in sections 2, 2A, 2B, 2C, 2D and 2G may be used for the costs associated with the purchase of title insurance and services for title examinations, reports and certifications.

              SECTION 47. Notwithstanding any general or special law to the contrary, any executive department or state agency expending funds authorized in sections 2, 2A, 2B, 2C, 2D and 2G shall maximize efforts to utilize all available means to minimize use of capital funds to pay for services rendered by agency employees or by consultants.

              SECTION 48. Notwithstanding any general or special law to the contrary, upon acquiring any fee interest in land for purposes pursuant to Article XCVII of the Amendments to the Constitution, all state agencies, commissions and boards expending or receiving state funds under this act shall obtain the approval of the secretary of energy and environmental affairs before implementing or endorsing any prohibition of fishing, hunting or trapping on that land and shall provide the secretary with written justification of the prohibition.

              SECTION 49. Notwithstanding any general or special law to the contrary, the state treasurer, in consultation with the secretary of administration and finance, shall annually issue guidance to state agencies describing the standards used to qualify certain general obligations of the commonwealth as green bonds.  Such standards shall be designed to enable investors to invest directly in environmentally beneficial projects and shall include, but not be limited to, the following categories of projects: (i) clean water and drinking water projects, including watershed enhancement projects; (ii) energy efficiency and conservation projects in state buildings; (iii) land acquisition, open space protection and environmental remediation projects; (iv) river revitalization and preservation and habitat restoration projects; (v) park and recreational facilities projects; and (vi) public transit projects to preserve public transit assets and to expand public transit capacity.

              Each state agency, as defined in section 1 of chapter 29 of the General Laws, receiving funds under this act shall report whether moneys borrowed and expended under this act may be classified as green bonds.  For the purposes of this section, “green bonds” shall mean bonds issued under this act that satisfy the standards promulgated by the state treasurer.  Such report shall be delivered not later than September 30 in any fiscal year in which the agency expends or intends to expend funds made available under this act.  The report shall be delivered to the state treasurer, the secretary of administration and finance, the chairs of the house and senate committees on ways and means, the chairs of the house and senate committees on bonding, capital expenditures and state assets and the clerks of the house of representatives and the senate.  An executive office may report on behalf of any agency contained within that executive office.

              SECTION 50. Notwithstanding any general or special law to the contrary, the bonds that the state treasurer may issue pursuant to this act shall be issued for a term not to exceed 30 years. All such bonds shall be payable not later than June 30, 2049, as recommended by the governor in a message to the general court dated July 7, 2014 under section 3 of Article LXII of the Amendments to the Constitution.

              SECTION 51.  Notwithstanding any general or special law to the contrary, the secretary of public safety and security shall conduct an inventory and classify all existing quarries.  The inventory shall identify: (i) the current use of the quarry, whether active, inactive or abandoned; (ii) the owner or operator, whether public or private, responsible for each quarry; (iii) the degree of hazard related to each quarry, including the proximity to roads or other means of public access and the existence of any berms, natural or artificial barriers, fences or guardrails to limit, prohibit or discourage trespass; (iv) the age of each quarry and, if abandoned or inactive, its last date of operation; and (v) whether there have been incidents resulting in serious injury, bodily harm or death at the quarry as a result of a trespass.

              A report, including the inventory, shall be filed with the clerks of the senate and the house of representatives, the joint committee on public safety and homeland security and the joint committee on environment, natural resources and agriculture and shall be posted electronically on the website of the executive office of public safety and security not later than July 1, 2015.  The report shall include recommendations related to safeguarding abandoned and inactive quarries and shall include recognized methods to maintain, restore or reinstate the abandoned or inactive quarry and its surrounding land to an environmentally sound and safe condition.

              SECTION 52.  Notwithstanding any general or special law to the contrary, the department of environmental protection shall submit any final revisions to 310 CMR 36.00, together with any supporting documentation or summaries, to the clerks of the senate and the house of representatives, the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture not less than 30 days before their promulgation.

              SECTION 53.  Notwithstanding any general or special law to the contrary, the department of environmental protection shall conduct a comprehensive review of the impact of any revisions to 310 CMR 36.00 on municipalities and public water systems.  The review shall include: (i) an analysis of those municipalities and water systems affected by new permit conditions between the final promulgation date of the regulations and March 30, 2017; (ii) those municipalities and water systems required to develop minimization, cold water fishery or mitigation plans; and (iii) any rate increases experienced by ratepayers which water system operators attributed to minimization, cold water fishery or mitigation requirements. The department shall report the results of its review, together with any supporting documentation or analysis, to the clerks of the senate and the house of representatives, the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture and shall post the review electronically on the website of the department not later than July 1, 2017.

              SECTION 54.  Section 52 is hereby repealed.

              SECTION 55.  (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance shall convey 11 parcels of state-owned land in the town of Middleton to the Middleton conservation commission for the long-term protection and enjoyment of the residents of the town. The parcels are identified as: (i) ± 5.53 acres described in book 5659, page 699 and plan book 1970, plan 5 at the Essex southern district registry of deeds; (ii) ± 3.4 acres described in book 5659, page 700 and plan book 1970, plan 5 at the Essex southern district registry of deeds; (iii) ±2.62 acres described in book 6598, page 1 at the Essex southern district registry of deeds; (iv) ± 11.68 acres described in book 6614, page 610, no plan of record, at the Essex southern district registry of deeds; (v) ± 0.9 acres described in book 6487, page 717 at the Essex southern district registry of deeds; (vi) ±.25 acres described in book 5737, page 138 and plan book 1970, plan 522 at the Essex southern district registry of deeds; (vii) ± 12.9 acres described on book 5736, page 574 and plan book 118, plan 45 at the Essex southern district registry of deeds; (viii) ± 20.7 acres described in book 5659, page 701 and plan book 1155, plan 86 at the Essex southern district registry of deeds; (ix) ± 11.7 acres described in book 5718, page 52 and plan book 117, plan 77 at the Essex southern district registry of deeds; (x) ± 2.58 acres described in book 6363, page 385 and plan book 143, plan 87 at the Essex southern district registry of deeds; (xi) ± 6.89 acres described in book 6157, page 98 at the Essex southern district registry of deeds; (xii) ± 10.02 acres described in book 6066, page 445 and plan book 130, plan 3 at the Essex southern district registry of deeds; (xiii) ± 10.47 acres described in book 5935, page 65 and plan book 124, plan 83 at the Essex southern district registry of deeds; (xiv) ± 5.40 acres described on book 5824, page 166 and plan book 121, plan 16 at the Essex southern district registry of deeds; (xv) ± 3.68 acres described in book 7727, page 299 at the Essex southern district registry of deeds; and (xvi) ± 1.19 acres described in book 574, page 451 at the Essex southern district registry of deeds.  The use of the parcels to be conveyed to the town shall be restricted to use for conservation purposes in the town of Middleton. The parcels shall be conveyed by deed without warranties or representations by the commonwealth.

              (b) The consideration for the parcels to be transferred pursuant to subsection (a) shall be nominal, as determined by the commissioner of capital asset management and maintenance, but shall not exceed the amount that the division of capital asset management and maintenance paid to acquire the parcel.

              (c) Notwithstanding any general or special law to the contrary, the town of Middleton shall be responsible for all costs and expenses of the transaction authorized in this act as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation related to the conveyance of the parcel and all costs, liabilities and expenses of any nature and kind for its ownership. The town of Middleton shall acquire the property therein in its present condition.

              SECTION 56.  Notwithstanding chapter 518 of the acts of 1992 or any other general or special law to the contrary, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may extend the expiration date of all provisions of their existing lease with the Cape Code Repertory Theatre under said chapter 518 to August 31, 2049 so that all provisions of the lease shall have the same expiration date. This authorization shall be in lieu of and not in addition to any existing options to extend the lease.

              SECTION 57. (a) Notwithstanding sections 32 to 43, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may, in consultation with the commissioner of conservation and recreation, grant permanent and temporary easements to New Hampshire Transmission, LLC, a Delaware limited liability company, and to its successors and assigns.  The easements shall be used solely for the purposes of laying, constructing, operating, maintaining, accessing, replacing, repairing, modifying, abandoning and removing underground electricity cables and appurtenant facilities under and through certain parcels of land currently held by the commonwealth for recreation and conservation purposes, subject to the requirements of subsections (b) to (f), inclusive, and to such additional terms and conditions consistent with this section as the commissioner of capital asset management and maintenance may prescribe in consultation with the commissioner of conservation and recreation.  The easements will cross Salisbury Beach State Reservation, Lynn Shore Reservation, the Carroll parkway, the Lynnway and Revere Beach parkway or such locations identified as the appropriate alternative locations pursuant to a review conducted in accordance with the Massachusetts Environmental Policy Act and subject to the approval of the commissioner of conservation and recreation and the commissioner of capital asset management and maintenance.  The easements shall conform to the requirements of the Federal Energy Regulatory Commission, the department of public utilities, and the energy facilities siting board.  The exact boundaries of any property interests to be conveyed by the commonwealth shall be  determined by the commissioner of capital asset management and maintenance, in consultation with  the department of conservation and recreation after completion of a survey, before any conveyance to carry out  this section.  The easements shall be subject to such reasonable additional terms and conditions consistent with this section as the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may prescribe.

              (b)  In consideration of the conveyance of the easements, New Hampshire Transmission, LLC shall compensate the commonwealth: (i) through the transfer of land, development rights or interests in land to the department of conservation and recreation in an amount greater than or equal to the full and fair market value of the property described in subsection (a) or its value in use as proposed, whichever is greater, as determined by independent appraisals; (ii) in a sum equal to the full and fair market value of the property or its value in use as proposed, whichever is greater, as determined by independent appraisal; or (iii) through some combination of clauses (i) and (ii).   New Hampshire Transmission, LLC shall assume all costs associated with any engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to execute the conveyances authorized by this section.

              (c)  To ensure a no-net-loss of lands protected for conservation and recreation purposes and as a condition of the easement authorized in this section, New Hampshire Transmission, LLC shall compensate the commonwealth through the payment of funds or the transfer of  land or a conservation restriction upon land to the department of conservation and recreation, which shall be equal to or greater than the full and fair market value or value in use, whichever is greater, of its interest hereunder as determined by independent appraisal.   Any land or interest in land, including any conservation restriction, shall be acceptable to the department of conservation and recreation.  Any sums due under this section shall be paid by New Hampshire Transmission, LLC to the department of conservation and recreation for deposit into the Conservation Trust established in section 1 of chapter 132A of the General Laws to be used for conservation and recreation purposes.

              (d)  Notwithstanding any special or general law to the contrary, there shall be an independent appraisal of the property described in subsection (a) and the value of any property interests received by the commonwealth, which shall be prepared in accordance with the usual and customary professional appraisal practice by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation.    To expedite the conveyance authorized by this section the commissioner of capital asset management and maintenance may, in establishing value, take into consideration any prior appraisals of the property described in said subsection (a) which the commissioner determines are timely and relevant.

              The commissioner of capital asset management and maintenance shall submit any appraisals and any reports thereon to the inspector general for review and comment. The inspector general shall review and approve any appraisals and the review shall include an examination of the methodology used for the ppraisals. The inspector general shall, within 45 days after receipt of any appraisal and the report thereon, prepare a report of such review and file the report with the commissioner of capital asset management and maintenance, who shall provide a copy thereof to the commissioner of conservation and recreation. The commissioner of capital asset management and maintenance shall submit copies of any appraisals and reports and the inspector general’s review and approval and comments, if any, to the house and senate committees on ways and means and the senate and house chairs of the joint committee on bonding, capital expenditures and state assets before the execution of the conveyances.

              (e)  Notwithstanding any general or special law to the contrary, if the appraised value of the property interests or the payment of funds described in subsection (c) shall be determined to be greater than the appraised value of the property described in subsection (a) then the commonwealth shall not be obligated to pay the difference as additional consideration to New Hampshire Transmission, LLC.  If there is a disparity in the appraised values, as determined in subsection (d), in favor of New Hampshire Transmission, LLC, New Hampshire Transmission, LLC shall pay a sum equal to the difference to the department of conservation.

              (f)  No easement instruments conveying by or on behalf of the commonwealth the easements described in subection (a), shall be valid unless such instruments provide that if the easements permanently cease to be used by New Hampshire Transmission, LLC or its successors or assigns for the purposes described in said subsection (a) at any time, the easements shall revert to the commonwealth under the control and use of the department of conservation and recreation, upon such terms and conditions as the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, may reasonably prescribe.

              SECTION 58.  Section 54 shall take effect on July 1, 2017.

of

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Error