Consolidated Amendment "C" to H4000
Energy and Environmental Affairs
Energy and Environmental Affairs
Fiscal Note: $5,865,720
Amendment 147 has been re-categorized from Transportation
Amendments 172 and 338 have been re-categorized from Constitutional Officers and State Administration
Amendment 1150 has been re-categorized to Labor and Economic Development
Amendments 64 and 1168 have been re-categorized to Legislation, Non-Budget
Amendments from Energy and Environmental Affairs: 20, 24, 30, 33, 38, 65, 66, 68, 70, 78, 81, 84, 93, 110, 132, 147, 165, 172, 187, 190, 199, 206, 208, 217, 222, 257, 276, 289, 302, 303, 306, 309, 338, 341, 353, 354, 369, 370, 371, 372, 384, 424, 469, 488, 494, 503, 512, 515, 522, 523, 527, 547, 556, 570, 580, 581, 597, 605, 608, 610, 614, 617, 624, 632, 633, 634, 635, 640, 648, 659, 666, 670, 671, 673, 682, 705, 711, 720, 723, 724, 731, 739, 778, 780, 784, 796, 799, 814, 817, 833, 864, 865, 897, 917, 918, 961, 974, 990, 994, 1031, 1046, 1047, 1061, 1083, 1121, 1125, 1132, 1134, 1136, 1140, 1143, 1147, 1149, 1155, 1156, 1159, 1164
Mr. Dempsey of Haverhill and others move to amend H.4000 in section 2 by inserting after item 2000-0100 the following item:-
2000-0101 For the executive office of energy and environmental affairs to coordinate and implement strategies for climate change adaptation and preparedness, including but not limited to: (a) the resiliency of the commonwealth's transportation, energy and public health infrastructures; (b) built environments; (c) municipal assistance; (d) improved data collection and analysis; and (e) enhanced planning; provided further, that the executive office may enter into interagency service agreements to facilitate and accomplish these efforts……$1,000,000;
And further move to amend said section 2, in item 2030-1000, by inserting after the words “item 2030-1004” the following words:- ; provided further, that not less than $12,000 shall be expended for a seasonal environmental police officer for the protection and enhancement of Wallum Lake; and move to further amend said item by striking out the figure “$9,829,010” and inserting in place thereof the following figure:- $9,841,010;
And further move to amend said section 2, in item 2200-0100, by inserting after the words “chapter 21A of the General Laws” the following words:- ; provided further, that not less than $50,000 shall be expended for environmental programs in the town of Belmont; and provided further, that not less than $90,000 shall be expended for Brownfield redevelopment in the city of Lynn; and further move to amend said item by striking out the figure “$28,498,668” and inserting in place thereof the following figure:- $28,638,668;
And further move to amend said section 2, in item 2200-0107, by striking out the figure “$375,000” and inserting in place thereof the following figure:- $500,000;
And further move to amend said section 2, in item 2210-0106, by inserting after the words “various implementation requirements of said chapter 21l” the following words:- ; provided further, that not less than $1,629,860 from this item shall be made available for the operation of the Toxics Use Reduction Institute program at the University of Massachusetts at Lowell; provided further, that the department shall enter into an interagency service agreement with the University of Massachusetts to make such funding available for this purpose; provided further, that not less than $644,096 from this item shall be made available for toxics use reduction technical assistance and technology in accordance with said chapter 21I;
And further move to amend said section 2, in item 2260-8870, by inserting after the words “General Laws” the following words:- ; provided, that notwithstanding any general or special law to the contrary, the department of environmental protection shall investigate and report on any state and federal resources available to the owners of the surrounding property on Bolton Street in Marlborough who have sustained damage due to the negligent release of petroleum from an underground storage tank leak during the month of April 2012; and provided further, that said report shall be presented to the house and senate committees on ways and means on or before January 15, 2015;
And further move to amend said section 2, in item 2300-0100, by inserting after the words “budgetary costs” the following words:- ; provided further, that not less than $83,400 shall be expended for a Great Marsh Green Crab trapping program; and further move to amend said item by striking out the figure “$802,180” and inserting in place thereof the following figure:- $885,580;
And further move to amend said section 2, in item 2330-0100, by inserting after the words “promote sustainable fisheries” the following words:- ; provided further, that not less than $50,000 shall be expended for programs at the Fishing Academy, Inc., for young people in greater Boston; provided further, that not less than $450,000 shall be expended for a program of collaborative research by the Division of Marine Fisheries through the Marine Fisheries Institute, in collaboration with the School for Marine Science and Technology at the University of Massachusetts Dartmouth, that applies innovative technology to assess the biomass of fish, in the region managed by the New England Fishery Management Council; provided further, that not less than $100,000 shall be expended for shellfish propagation in Barnstable, Dukes and Nantucket counties to be administered jointly by the director of marine fisheries and counties; and further move to amend said item by striking out the figure “$5,254,213” and inserting in place thereof the following figure:- $5,854,213;
And further move to amend said section 2, in item 2330-0300, by inserting after the words “acts of 2009” the following words:- ; provided further, that not less than $50,000 shall be expended for the design and engineering cost for a canoe ramp at the Squantum Point Park in the city of Quincy; and further move to amend said item by striking out the figure “$1,269,155” and inserting in place thereof the following figure:- $1,319,155;
And further move to amend said section 2, in item 2511-0100, by inserting after the words “chaired by the department” the following words:- ; provided further, that funds shall be expended for the statewide 4-H program; provided further, that not less than $80,000 shall be expended for the apiary inspection program; provided further, that not less than $200,000 shall be expended for the cost of any and all products, equipment, and labor associated with the eradication of the arbovirus, as well as the cost of any other type of pesticide or agent, in order to prevent the spread of eastern equine encephalitis and west nile virus in Bristol and Plymouth Counties; and provided further, that not less than $300,000 shall be expended to establish a buy local effort in central Massachusetts and to enhance the buy local effort in western, northeastern and southern Massachusetts; and further move to amend said item by striking out the figure “$4,826,193” and inserting in place thereof the following figure:- $5,576,193;
And further move to amend said section 2, in item 2511-0105, by inserting after the words “of the total herein;” the following words:- provided further, that not less than $50,000 shall be expended for Food for the Word Inc.; and further amend said item by striking out the figure “$15,000,000” and inserting in place thereof the following figure:- $15,050,000;
And further move to amend said section 2, in item 2800-0101, by inserting after the words “General Laws” the following words:- ; provided further, that not less than $40,000 shall be expended for the construction of drop inlet structures to reduce flooding in the Assonet neighborhood in the town of Freetown; provided further, that not less than $50,000 shall be expended for projects and upgrades made through the Blackstone River Watershed Association; provided further, that not less than $100,000 shall be expended for a one-time grant to the city of Dedham; provided further, that not less than $100,000 shall be expended for the restoration project at Milford Pond in Milford; and further move to amend said item by striking out the figure “$1,020,149” and inserting in place thereof the following figure:- $1,310,149;
And further move to amend said section 2, in item 2800-0501, by inserting after the words “fully maintained” the following words:- ; provided further, that no less than $200,000 shall be expended for the Metropolitan Beaches to be fully maintained and seasonally staffed as recommended by the Metropolitan Beaches Commission in coordination with the department of conservation and recreation; and further move to amend said item by striking out the figure “$13,365,377” and inserting in place thereof the following figure:- $13,780,812;
And further move to amend said section 2, in item 2800-0700, by inserting after the words “public safety” the following words:- ; provided further, that not less than $22,000 shall be expended for a hydraulic analysis of the dam in Choate Park in the town of Medway; provided further, that not less than $125,000 shall be expended for the preservation of a historic property in the town of Hadley; and further move to amend said item by striking out the figure “$378,543” and inserting in place thereof the following figure:- $582,428;
And further move to amend said section 2 by striking out item 2810-0100 and inserting in place thereof the following item:-
2810-0100 For the operation of the division of state parks and recreation; provided further, that funds appropriated in this item shall be used: (a) to operate all of the division’s parks, parkways, boulevards, roadways, bridges, and related appurtenances under the care, custody, and control of the division, flood control activities of the division, reservations, campgrounds, beaches, and pools; (b) for the oversight of rinks; (c) to protect and manage the division’s lands and natural resources, including the forest and parks conservation services and the bureau of forestry development; and (d) no less than $500,000 shall be used to maintain and operate the Metropolitan Beaches in Lynn, Nahant, Revere, Winthrop, East Boston, South Boston, Dorchester, Quincy and Hull; provided further, that the same properties shall be open in fiscal year 2015 as were open in fiscal year 2014; provided further, that the crossing guards located at department of conservation and recreation intersections shall continue to perform the duties where state police previously performed such duties; provided further, that no funds from this item shall be made available for payment to true seasonal employees; provided further, that the rinks under the control of the department shall remain open and staffed for the full rink season; provided further, that not less than $30,000 shall be expended for the maintenance of Red Rock Park in Lynn; provided further, that not less than $350,000 shall be expended for the purposes of aquatic invasive species control; provided further, that no less than $25,000 shall be expended for the development and maintenance of a community garden in proximity to the commuter rail and/or track running West to East in the city of Malden; provided further, that not less than $25,000 shall be expended for the maintenance and improvement of the Fellsmere Pond Reservoir in the city of Malden; provided further, that not less than $100,000 shall be expended for the maintenance and use of the trailside museum and the Chickatawbut Hill center; provided further, that not less than $50,000 shall be expended for the Central Plymouth County Water District Commission for the improvement and management of lakes and ponds in said district; provided further, that not less than $100,000 shall be expended for the maintenance of walking trails at Newton Hill and related improvements in Elm Park in the city of Worcester; provided further, that not less than $100,000 shall be expended for the operation of the Blue Hills Observatory and Science Center; provided further, that not less than $100,000 shall be expended for the restoration and repair of the Speaker John F. Thompson Center in the City of Boston; provided further, that not less than $25,000 shall be expended for the community playground at the Burr Elementary School in the city of Newton; provided further, that not less than $75,000 shall be expended for the Let’s Row Boston program administered by Community Rowing, Inc. of the city of Boston; provided further, that not less than $5,000 shall be expended for waterfowl nuisance management at Flax Pond in the city of Lynn; provided further, that funds shall be expended for the cleanup of Pilayella algae; provided further, that not less than $200,000 shall be expended for a park alongside the Merrimack River in the city of Lowell; provided further, that not less than $100,000 shall be expended for long term care and maintenance of Whitman’s Pond in Weymouth; provided further, that not less than $50,000 shall be expended for a study to be commissioned for the prospect of a recreational park along the Nashua River in the town of Clinton; provided further, that not less than $11,000 shall be expended for the maintenance and enhancement of Webster Lake; and provided further, that the department may issue grants to public and nonpublic entities from this item…….$42,992,881
And further move to amend said section 2 by striking out item 2810-2042 and inserting in place thereof the following item:-
2810-2042 For the department of conservation and recreation, which may expend not more than $14,141,673 from revenue collected by the department including, but not limited to, revenues collected from: (a) campsite reservation transactions from the automated campground reservation and registration program; (b) permits, leases, concessions, fees, rentals, and all other contracts; (c) telecommunications system user fees and other charges established by the commissioner of conservation and recreation and as received from the Massachusetts Water Resources Authority, the Massachusetts Convention Center Authority, the division of highways, the Central Artery/Ted Williams Tunnel Project, the department of state police, and quasi-public and private entities; (d) skating rink fees and rentals; (e) Ponkapoag golf course fees and rentals; (f) Leo J. Martin golf course fees and rentals; and (g) activities authorized pursuant to section 34B of chapter 92 of the General Laws; provided, that the department shall retain and deposit 80 per cent of the aforementioned fees; provided further, that if the department of conservation and recreation projects that total revenues from the fees identified in this item will exceed $17,677,091 the department shall notify the secretary of administration and finance and the house and senate committees on ways and means; provided further, that funds in this item shall be expended for the following purposes: (i) the operation and expenses of the department; (ii) expenses, upkeep, and improvements to the parks and recreation system; (iii) the operation and maintenance of the telecommunications system; (iv) the operation and maintenance of the department’s skating rinks at an amount not less than $1,000,000; (v) the operation and maintenance of the Ponkapoag golf course at an amount not less than $1,098,011; and (vi) the operation and maintenance of the Leo J. Martin golf course at an amount not less than $824,790; provided further, that nothing in this item shall impair or diminish the rights of access and utilization of all current users of the telecommunications system under agreements previously entered into; provided further, that this item may be reimbursed by political subdivisions of the commonwealth and private entities for direct and indirect costs expended by the department to maintain the telecommunications system; provided further, that the division may issue grants to public and nonpublic entities from this item and shall issue matching grants of not less than $190,000 to public and nonpublic entities from this item to support free public events and programs on the Metropolitan Beaches as recommended by the Metropolitan Beaches Commission; provided further, that for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that no expenditures made in advance of the receipts shall be permitted to exceed 75 per cent of the amount of revenues projected by the first quarterly statement required by section 1B; provided further, that the comptroller shall notify the house and senate committees on ways and means at the time subsequent quarterly statements are published of the variance between actual and projected receipts in each such quarter and the implications of that variance for expenditures made; and provided further, that the department shall continue to review revenue collection processes to maximize revenue generation under current laws and regulations…..$14,141,673
And further move to amend the bill by inserting after section 101A the following 2 sections:-
SECTION 101B. There is hereby established the Massachusetts Electric Vehicle Commission to study the economic and environmental benefits and costs of increased use of electric vehicles in the commonwealth. The commission shall consist of 23 members: 1 of whom shall be the secretary of energy and environmental affairs, or a designee, who shall serve as chair; 2 of whom shall be undersecretaries of the executive office of energy and environmental affairs, or their designees; 1 of whom shall be the secretary of transportation, or a designee; 1 of whom shall be the commissioner of the department of energy resources, or a designee; 1 of whom shall be the commissioner of the department of environmental protection, or a designee; 1 of whom shall be the director of the office of consumer affairs and business regulation, division of standards, or a designee; 1 of whom shall be appointed by the mayor of the city of Boston; 2 of whom shall be appointed by the Massachusetts Municipal Association; and 13 members to be appointed by the governor, 3 of whom shall be representatives of the environmental community, 2 of whom shall be representatives of the business community, 1 of whom shall be a representative of parking garage or lot owners or operators, 2 of whom shall be representatives of an electric distribution company, 1 of whom shall be a representative of a municipal light plant organization, 2 of whom shall be representatives of electric vehicle service equipment manufacturers, 2 of whom shall be representatives of electric vehicle manufacturers, and additional members with critical expertise as recommended by the secretary of energy and environmental affairs.
The study shall include, but not be limited to, recommended policies to: (i) further expand access to electric vehicle infrastructure in the commonwealth; (ii) encourage the purchase and lease of electric vehicles; (iii) reduce the up-front costs associated with electric vehicle purchases; and (iv) identify strategies for removing barriers to electric vehicle deployment. The commission shall file an action plan based on existing voluntary task force recommendations on or before September 30, 2014. A full report of the commission’s findings and recommendations, including any legislation, shall be filed with the clerks of the house and senate on or before April 15, 2015.
SECTION 101C. (a) Notwithstanding any general or special law to the contrary, there shall be established a protected area to be known as the special coastal resource sanctuary, hereinafter referred to as the “sanctuary”. The sanctuary shall be comprised of a certain tract of land under water and a water area forming a rectangle containing 1.99 acres, more or less, the description of which is as follows: beginning at a point at latitude 41̊ 35’10” and longitude 70̊ 27’15” thence running southerly a distance of two hundred fifty feet (250’) to a point at latitude 41̊ 35’08” and longitude 70̊ 27’17”; thence running westerly a distance of three hundred forty-five feet (345’) to a point at latitude 41̊ 35’10” and longitude 70̊ 27’21”; thence running northerly a distance of two hundred fifty feet (250’) to a point at latitude 41̊ 35’12” and longitude 70̊ 27’19”; thence running easterly a distance of three hundred forty-five feet (345’) to the point of beginning. Said sanctuary shall be protected in perpetuity for natural resource preservation and public water-dependent use purposes.
(b) For the purpose of this section the term “person” shall mean any individual, association, partnership, corporation, company, business, organization, trust, estate, municipality, the Commonwealth or any political subdivision thereof, any administrative agency, public or quasi-public corporation or body or any other legal entity or the legal representative, agents or assignees thereof. Notwithstanding any general or special law or regulation to the contrary, no person shall install, place, construct or affix, or cause to be installed, placed, constructed or affixed, any fill or any man-made structure or equipment including, without limitation, piles, rafts, floats, moorings, pipes, lines, cages, containers, gear or any other physical device either temporarily or permanently, on, in, under or over the land or water area comprising the sanctuary.
(c) Notwithstanding any general or special law to the contrary, the provisions of this section regarding the sanctuary shall apply to any activity that has not commenced before January 1, 2014.
(d) The attorney general shall take such action as may be necessary from time to time to enforce the provisions of this section regarding the sanctuary. Notwithstanding the foregoing, a person may also bring an action to enforce the provisions of this section. The superior court shall have jurisdiction in equity to enforce the provisions of this section.