Budget Amendment ID: FY2014-S3-167

ENV 167

Grants for Fishing Port Recovery Plans

Messrs. Tarr and Montigny moved that the proposed new text be amended in section 2, in item 2300-0100, by inserting at the end thereof the following:-

; provided, that not less than $300,000 shall be expended for grants to fishing ports to develop recovery and revitalization plans in response to federal groundfish regulations that took effect on May 1, 2013; provided further, that the division shall issue requests for proposals from affected ports not later than 60 days following the passage of this act and shall award such grants in a timely fashion; provided further, that all affected ports may submit individual plans or multiple ports may submit a regional plan; provided further, that all plans so developed shall be submitted to the director of the division, the secretary of the executive office of energy and environmental affairs, the  secretary of the executive office of housing and economic development, and the clerks of the house of representatives and the senate not later than 180 days following the passage of this act


Budget Amendment ID: FY2014-S3-169-R2

2nd Redraft ENV 169

GLOUCESTER MARINE GENOME INITIATIVE

Messrs. Tarr and Montigny moved that the proposed new text be amended in section 2, in item 2330-0100, by inserting at the end thereof the following:-

 

"provided further, that no less than $200,000 shall be expended for the development and implementation of a cod species identification sequencing study to be conducted by the Gloucester Marine Genome Initiative through one or more Massachusetts non-profit organizations; and provided further, that the Gloucester Marine Genome Initiative shall report on the status of the project to the house and senate committees on ways and means on or before June 30, 2014"; and

 

further, in Section 2, in item 2300-0100, by inserting at the end thereof the following:-

 

; provided, that not less than $150,000 shall be expended for grants to fishing ports to develop recovery and revitalization plans in response to federal groundfish regulations that took effect on May 1, 2013; provided further, that the division shall issue requests for proposals from affected ports not later than 60 days following the passage of this act and shall award such grants in a timely fashion; provided further, that all affected ports may submit individual plans or multiple ports may submit a regional plan; provided further, that all plans so developed shall be submitted to the director of the division, the secretary of the executive office of energy and environmental affairs, the  secretary of the executive office of housing and economic development, and the clerks of the house of representatives and the senate not later than 180 days following the passage of this act


Budget Amendment ID: FY2014-S3-170-R1

Redraft ENV 170

Coastal Erosion Task Force

Messrs. Tarr, Hedlund and Rodrigues moved that the proposed new text be amended inserting after section___, the following new section:-

SECTION XX: Notwithstanding any general or special law to the contrary there is hereby established a special commission on coastal erosion defense, which shall investigate and document the levels and impacts of coastal erosion in the commonwealth, and develop a strategy and recommendations to reduce, minimize or eliminate the magnitude and frequency of coastal erosion and its adverse impacts on property, infrastructure, public safety and beaches and dunes.

In the performance of its mission, said commission shall make a reasonable assessment of coastal erosion, and a corresponding appraisal of the financial amount of damage to property, infrastructure and beach and dune resources which has been sustained from 1978 to the present, and a reasonable estimate of the value of damage likely to occur in the next ten years under current conditions, regulations and laws.

Based on such assessments, said commission shall evaluate all current rules, regulations and laws governing the materials, methodologies and means which may be used to guard against and reduce or eliminate the impacts of coastal erosion, and shall examine any possible changes, expansions, reductions and laws which would improve the ability of municipalities and private property owners to guard against or reduce or eliminate the impacts of coastal erosion without undue adverse environmental impacts. The commission shall focus particularly on increasing the availability of cost-effective measures to protect against coastal erosion.

The commission shall consist of the secretary of energy and environmental affairs or a designee, the director of the Massachusetts office of coastal zone management, the commissioner of the department of conservation and recreation, the commissioner of the department of environmental protection or a designee, three elected municipal officials from coastal communities appointed by the governor, two conservation agents from coastal communities appointed by the governor, a representative of a membership based environmental organization appointed by the governor, a representative of coastal property owners in the commonwealth appointed by the governor, a coastal geologist with relevant experience and knowledge pertaining to coastal erosion appointed by the governor, a civil engineer with relevant experience and knowledge pertaining to coastal erosion appointed by the governor, and a representative of the citizens of the commonwealth appointed by the governor.

The executive office of energy and environmental affairs and its subdivisions shall provide technical support to the commission.

The commission shall file its report, together with recommendations for changes to improve protection against coastal erosion with the clerks of the house and senate not later than eight months following the passage of this act.


Budget Amendment ID: FY2014-S3-171

ENV 171

Community preservation funds for seawall repairs

Messrs. Tarr and Hedlund and Ms. Lovely and Mr. Rodrigues moved that the proposed new text be amended by inserting, after section __, the following new sections:-

SECTION __. Section 6 of chapter 44B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 6, the word “and”.

 

SECTION ___. Section 6 of chapter 44B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “housing”, in line 7, the following words:-

"and in coastal communities that adopt the provisions of this act, not more than 20 per cent for the preservation of public infrastructure through beach nourishment, dune restoration, and seawall maintenance and reconstruction."


Budget Amendment ID: FY2014-S3-172

ENV 172

Blue Hills Observatory Lease

Mr. Joyce moved that the proposed new text be amended by inserting after Section __ the following new section:-

 

"SECTION __. Section 104 of chapter 182 of the acts of 2008 is hereby amended in the third paragraph of subsection (a) by striking the words "General Fund" and inserting in place thereof the following:- "Blue Hills Reservation Trust Fund in accordance with Section 34C of Chapter 92 of the General Laws.""


Budget Amendment ID: FY2014-S3-173

ENV 173

Blue Hills Observatory Operations

Mr. Joyce moved that the proposed new text be amended in section 2, in item 2810-0100, by inserting the following: “; provided further that $100,000 may be expended for the operations of the Blue Hills Observatory and Science Center”.


Budget Amendment ID: FY2014-S3-174

ENV 174

Borderland State Park Trust Fund

Mr. Joyce moved that the proposed new text be amended by inserting, after section __, the following new section:-

 

“SECTION __. (a) Chapter 92 of the General Laws, as appearing in the 2010 official edition, is hereby amended by inserting after section 34C the following section:-

 

Section 34D. Notwithstanding any general or special law or administrative bulletin to the contrary and pursuant to section 34, there is hereby established and set up on the books of the commonwealth a separate fund, to be known as the Borderland State Park Trust Fund, which shall be used for the purposes of advancing recreational, educational and conservation interests, including, but not limited to, the construction and maintenance of facilities and infrastructure improvements for the area within the reservation. The trust shall receive, hold and expend with the advice of the Borderland Advisory Council, all fees generated by parking, permits, licenses and all other agreements not currently being directed to the General Fund relating to the use of the park land as authorized by the commission. The department shall not make expenditures from this fund so as to cause the fund to be deficient.

 

(b) This law shall be commonly be referred to as "The William Hocking Law"

 

(c) This act shall take effect upon passage.”


Budget Amendment ID: FY2014-S3-175

ENV 175

EOEEA ENERGY PROGRAM REPORTING REQUIREMENT

Mr. Tarr moved that the proposed new text be amended by inserting, after section __, the following new section:-

 

“SECTION__. On or before December 31, 2013, and annually thereafter, the executive office of energy and environment affairs shall undertake, in consultation with the department of energy resources and the energy efficiency advisory council, using third party experts, a study examining the energy efficiency, demand response, and renewable energy programs in the commonwealth, including public and private funding sources. The study shall include an audit of all existing programs under the authority of the office during the previous calendar year, not limited to those established pursuant to chapter 169 of the acts of 2008, to identify (1) an inventory listing of each specific program and its goals and objectives, categorized by sector; (2) the total annual funding for each program , itemized by funding source such as ratepayers, taxpayers, and private sources; (3) the total annual expenditures for each program, itemized by major expense category, including administrative expenses and program grants, rebates, and incentives; (4) a specific list of qualitative and quantitative benefits of each program, including number of participants, energy savings, resource savings, and non-energy benefits; (5) and description of the metric(s) used to evaluate the performance of each specific program, including comparison to performance during previous years. The study shall be timely filed with the clerks of the house and senate and the joint committee of telecommunications, utilities, and energy.”


Budget Amendment ID: FY2014-S3-176

ENV 176

Blue Hills Ski Area Lease

Mr. Joyce moved that the proposed new text be amended by inserting, after section __, the following new section:-

 

“SECTION __. Section 105 of chapter 182 of the acts of 2008 is hereby amended in the third paragraph of subsection (a) by striking the words "General Fund" and inserting in place thereof the following:- "Blue Hills Reservation Trust Fund in accordance with section 34C of chapter 92 of the General Laws.”


Budget Amendment ID: FY2014-S3-177

ENV 177

Ponkapoag Golf Course Lease

Mr. Joyce moved that the proposed new text be amended by inserting, after section __, the following new section:-

 

“SECTION __. (a) Subsection (a) of section 103 of chapter 182 of the acts of 2008 is hereby amended by striking out the first paragraph and inserting in place thereof the following:-

Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the division of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation, using such competitive proposal process as the division considers necessary or appropriate, may lease and enter into other agreements, for terms not to exceed 25 years with 1 or more operators, for the Ponkapoag Golf Course in the town of Canton so as to provide for the continued use, operation, maintenance, repair and improvement of the golf courses, practice greens, driving range, restaurant and any other structure and associated lands which constitute the facilities of the Ponkapoag Golf Course.

(b) Subsection (b) of said section 103 of said chapter 182 is hereby amended by striking out the first paragraph and inserting in place thereof the following:-

If no lease agreement is reached under subsection (a) before April 1, 2014, the division of capital asset management and maintenance, in consultation with and on behalf of the department of conservation and recreation, shall solicit proposals through a request for proposals which shall include key contractual terms and conditions to be incorporated into the contract including, but not limited to: (1) a comprehensive list of all recreational facilities operated by the responsive bidder or offeror in the last 4 years; (2) other facilities management or experience of the responsive bidder or offeror; (3) a senior citizens’ and children’s discount program; (4) reservation policies; (5) proposed reasonable rates that ensure continued public access; (6) required financial audits; (7) policies to encourage use of the golf course by persons of all races and nationalities; (8) safety and security plans; (9) seasonal opening and closing dates; (10) hours of operation; (11) holiday recognition; (12) grievance processes; (13) clubhouse license; (14) a provision that the facility shall be maintained as a 36-hole public golf course; (15) a provision that the lessee shall not construct facilities on the grounds of the golf course or any property appurtenant thereto; provided, however, that the lessee may construct facilities with the written approval of the commissioner of conservation and recreation and the majority vote of the board of selectmen in the town of Canton; and (16) a host community agreement between the designated operator and the town of Canton. Any increase in fees, including fees for season passes and club memberships, and any increase in charges for greens’ fees or golf cart or club rentals shall be approved in writing by the commissioner of conservation and recreation; provided, however, that in considering any request for an increase in fees, the commissioner shall consider, without limitation: (i) any capital investment made by the contractor or lessee; (ii) the fees and charges at other public golf courses within reasonable proximity; and (iii) the length of time since the last fee increase.”

 

 


Budget Amendment ID: FY2014-S3-178-R1

Redraft ENV 178

Trailside Museum

Mr. Joyce moved that the proposed new text be amended in section 2, in item 2810-0100, by striking out the figures “$400,000” and inserting in place thereof the following figures:- “$750,000”; and by striking out the figures “$41,044,957” and inserting in place thereof the figures:- “$41,394,957”.


Budget Amendment ID: FY2014-S3-180

ENV 180

Water Testing

Mr. Keenan moved that the proposed new text be amended in section 2, in item 2200-0100, by adding the following: “; provided further that not less than $75,000 shall be expended for the testing of the Cochato River as a water source for the Tri Town water district”; and in said item by striking out the figures “27,872,460” and inserting in place thereof the figures “27,947,460”


Budget Amendment ID: FY2014-S3-182-R1

Redraft ENV 182

Non-development covenants

Mr. Rodrigues and Ms. O'Connor Ives moved that the proposed new text be amended by inserting after section 24 the following section:-

“SECTION 24A.  Section 22 of chapter 20 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following paragraph:-

Non-development covenants for terms of limited duration shall be exempt from any regulations that require an appraisal, an environmental site assessment and a survey.  The department may require other expedited requirements appropriate for the duration of the non-development covenant.”


Budget Amendment ID: FY2014-S3-183

ENV 183

Hazardous Waste Cleanup Program

Messrs. Donnelly and Brownsberger and Ms. Donoghue and Messrs. Eldridge and Barrett and Ms. Candaras and Messrs. Knapik and Welch and Ms. Clark moved that the proposed new text be amended in section 2, in item 2260-8870, by striking out the figure "$13,511,481" and inserting in place thereof the following figure:- “$14,199,453”.


Budget Amendment ID: FY2014-S3-184

ENV 184

Fishing and Boating Access

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 2320-0100, by striking the figure “500,556” and inserting in place thereof the following figure:- “520,556”


Budget Amendment ID: FY2014-S3-185

ENV 185

County Mosquito Control Projects

Mr. Pacheco moved that the proposed new text be amended in section 2, in item 2511-0100, by inserting at the end thereof the following new text:-   “provided further, that not less than $200,000 shall be available to supplement existing larvicide control projects in Plymouth and Bristol counties."


Budget Amendment ID: FY2014-S3-186

ENV 186

Salisbury Beach

Ms. O'Connor Ives and Mr. Tarr moved that the proposed new text be amended in section 2, in item 2810-0100, by inserting after the word "pools" the following: "provided further that not less than $300,000 shall be expended for sand harvesting or the purchase of sand to re-nourish Salisbury State Reservation;”


Budget Amendment ID: FY2014-S3-187

ENV 187

Rehabilitation and Refurbishment of Alumni Field, Lowell

Ms. Donoghue moved that the proposed new text be amended in section 2, in item 2810-0100, by adding, after the words “nonpublic entities from this item” the following words:- “; provided further that not less than $500,000 shall be expended for the rehabilitation and refurbishment of the Alumni Field in Lowell, Massachusetts;”


Budget Amendment ID: FY2014-S3-189

ENV 189

Department of Environmental Protection Administration

Messrs. Eldridge and Michael O. Moore moved that the proposed new text be amended in section 2, in item 2200-0100, by striking out the figure $27,872,469 and inserting in place thereof the following figure:- $28,104,269


Budget Amendment ID: FY2014-S3-190-R1

Redraft ENV 190

LARGE PELAGICS RESEARCH

Mr. Tarr moved that the proposed new text be amended in section 2, in item 7100-0200, by inserting after the word “campuses ” the following words:- “provided that funds shall be expended to include research performed at the Large Pelagics Research Center at Hodgkins Cove on giant Atlantic Bluefin Tuna and other species”


Budget Amendment ID: FY2014-S3-191

ENV 191

Marine Fisheries

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 2330-0100, by striking the figure “4,759,039” and inserting in place thereof the following figure:- “4,859,377”


Budget Amendment ID: FY2014-S3-192

ENV 192

Agricultural Resources

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 2511-0100, by striking the out figure “4,836,426” and inserting in place thereof the following figure:- “5,116,426”


Budget Amendment ID: FY2014-S3-194

ENV 194

Environmental Testing by Crystal Lake Conservancy

Ms. Creem moved that the proposed new text be amended in section 2, in item 2300-0101, by adding at the end thereof the following:-

; provided further that $30,000 shall be provided to the Crystal Lake Conservancy for the purpose of environmental sampling, testing, and monitoring of the waters of Crystal Lake in Newton


Budget Amendment ID: FY2014-S3-195

ENV 195

Marine Fisheries Advisory Commission

Mr. Timilty moved that the proposed new text be amended by adding at the end thereof the following new section:-

"Section X.  Section 1B of Chapter 130 of the MGL is hereby amended by striking the words 'qualified in the field of marine fisheries by training and experience' and inserting in place thereof the following: 'no more than a majority of whom shall be individuals holding a commercial license or whom have a economic interest in the harvesting or sale of fish.  And provided further that the remainder of the members of the advisory commission shall include individuals with backgrounds including, but not limited to, knowledge of marine science, marine conservation, recreational fishing, and the marine environment.'"


Budget Amendment ID: FY2014-S3-196-R1

Redraft ENV 196

FISHERIES RESEARCH

Messrs. Montigny and Tarr moved that the proposed new text be amended in section 2, in item 2330-0100, by inserting after the words “shellfish classification program” the following words:- 

provided further, that no less than $350,000 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 groundfish, including cod and yellowtail in the region managed by the New England Fishery Management Council


Budget Amendment ID: FY2014-S3-197

ENV 197

Buy Local Programs

Messrs. Downing, Rosenberg, Tarr and Knapik moved that the proposed new text be amended in section 2, in item 2511-0100, by striking out the words "and provided further, that funds may be expended to enhance the buy local effort in western, central, northeastern and southern Massachusetts" and inserting in place thereof the following words:- "and provided further, that no less than $200,000 shall be expended to enhance the buy local effort in western, central, northeastern and southern Massachusetts"


Budget Amendment ID: FY2014-S3-198

ENV 198

Invasive Species Control

Mr. Downing moved that the proposed new text be amended in section 2, in item 2810-0100, by inserting at the end thereof the following: "provided further, that not less than $34,500 be provided to the Laurel Lake preservation association, inc.  for zebra mussel control purposes at Laurel Lake in the towns of Lee and Lenox"


Budget Amendment ID: FY2014-S3-199

ENV 199

DCR State and Urban Parks

Messrs. Rush, Eldridge and McGee moved that the proposed new text be amended in section 2, in item 2810-0100, Mr. Rush moved that the bill be amended, in section 2, in item 2810-0100, striking the figure “$41,044,957” and inserting in place thereof the figure:- “$41,701,239”


Budget Amendment ID: FY2014-S3-200

ENV 200

Waterway Protection

Messrs. Petruccelli and DiDomenico and Ms. Jehlen and Mr. Brownsberger moved that the proposed new text be amended  by inserting, after section 145, the following new section:-

“Section XX.  Section 14 of chapter 91 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “lands in line 26, the following:

An ethanol storage or blending facility that stores or blends or is intended to store or blend more than an average of 5,000 gallons of ethanol per day and is located within one mile of a Census block that has a population density of greater than 4,000 people per square mile shall not be granted a license under this chapter.  For the purposes of this section, ethanol shall be defined as any mixture composed of not less than 30% ethanol."


Budget Amendment ID: FY2014-S3-201

ENV 201

Summer Programming

Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 2800-0501, by inserting the following:-

“and provided further that funds may be expended to the Harry McDonough Sailing Center, Inc. to provide summer sailing programming in the city of Boston.”; and in said item, by striking out the figures “12,651,578” and inserting in place thereof the figures “12,671,578”.


Budget Amendment ID: FY2014-S3-203

ENV 203

Puiblic Forest and Beach Fee Exemptions for Veterans

Messrs. Ross, Tarr, Hedlund and Knapik and Ms. Lovely moved that the proposed new text be amended in section 2, in item 2810-2041, by inserting after the words “expenditures made” the following words:-

 

“; provided further, that the department shall devise a plan to provide free or reduced admission to facilities under its control to veterans utilizing funds from this account; and provided further, that prior to implementing such plan, the department shall report to the house and senate committees on ways and means on the plan including, but not limited to, any cost implications of such a plan.  The plan shall be submitted no later than June 30, 2014.”


Budget Amendment ID: FY2014-S3-204

ENV 204

Back River Trail

Mr. Hedlund moved that the proposed new text be amended in section 2, in item 2810-0100, in line 8, by inserting after “development;” the following:-

 

Provided that not less than $500,000 shall be expended for the continued creation and maintenance of a linked trail system for local and state parks along the Back River in the towns of Weymouth and Hingham, to complete the project in chapter 149 of the acts of 2004.


Budget Amendment ID: FY2014-S3-205

ENV 205

Emergency Food Assistance Program

Ms. Creem and Ms. Chang-Diaz and Messrs. Eldridge, McGee and Wolf and Ms. Lovely moved that the proposed new text be amended in section 2, in item 2511-0105, by striking out the figure “$13,000,000” and inserting in place thereof the following figure:- “$14,000,000”


Budget Amendment ID: FY2014-S3-206

ENV 206

Cleaner Commonwealth Study

Mr. Hedlund moved that the proposed new text be amended by inserting after section ___, the following new section:-

 

SECTION ___. The secretary of environmental affairs shall conduct an analysis of instituting the bottle bill. The study shall include, but not be limited to: (i) financial benefit of the bottle bill, (ii) analysis of other states that have instituted the bottle bill, (iii) assessing current littering laws. A report on the result of the study shall be filed not later than October 1, 2014 with the governor, the clerks of the house of representatives and the senate, and the house and senate committees on ways and means.


Budget Amendment ID: FY2014-S3-207

ENV 207

Coastal and Shorefront Infastructure Fund

Messrs. Hedlund and Tarr and Ms. Clark moved that the proposed new text be amended by inserting after section ___, the following new section:-

 

SECTION ___. There shall be established and set upon the books of the commonwealth a fund to be known as the Coastal and Shorefront Infrastructure Fund (“CASIF”). This account shall initially be funded with a total of $10 million.

 

(a)The Coastal and Shorefront Infrastructure Fund.

 

(i)The Executive Office of Environmental Affairs shall apply monies in CASIF for the purpose of providing financial assistance to local governmental units and other eligible borrowers as provided herein, as beneficiaries of the fund, to finance or refinance costs of eligible coastal and shorefront infrastructure projects including but not limited to seawalls, revetments, “sea surge” control and other means of flood control.

 

(ii) The Executive Office of Environmental Affairs shall receive hold, administer and disburse without further appropriation or allotment by the Commonwealth in and from the Coastal and Shorefront Infrastructure Fund exclusively for the benefit of the beneficiaries thereof the following monies: (A) amounts appropriated by the Massachusetts Legislature for purposes of the fund; (B) proceeds allocated by the Federal Emergency Management Agency to the Commonwealth for coastal flood prevention, shorefront protection, disaster assistance, or purposes consistent with the CASIF; (C) proceeds allocated by the Water Pollution Abatement Trust consistent with its mission to protect drinking water supplies and with the purposes of the CASIF; (D) applicable proceeds from the Department of Conservation and Recreation consistent with the purposes of the CASIF; (E) applicable proceeds from the Seaport Council consistent with the purposed of the CASIF; (F) investment earnings on monies in the fund; and (G) any other amounts required to be credited to the fund by any law or by any resolution, loan agreement or trust agreement.

 

(iii) Without limiting the generality of the foregoing, the Executive Office of Environmental Affairs or its applicable designee within the Department of Conservation and Recreation (“Department”), may apply and disburse monies and revenues of the Coastal and Shorefront Infrastructure Fund: (A) to make, and enter into binding commitments to make, loans and other forms of financial assistance authorized by the Department to local governmental units and other eligible borrowers for the purpose of financing or refinancing costs of flood control and coastal protection projects or portions thereof which have been approved by the Department, including approval of the costs of such projects or portion thereof eligible to receive financial assistance as provided in this section, and completed, as determined by the Department, after the promulgation date of the Department’s regulations implementing its powers under this section and to provide for all or any part of the debt service costs on loans and other forms of financial assistance made during the construction of such projects and for such period thereafter as the Department shall determine; (B) to provide reserves for or otherwise secure bonds and to provide insurance and letters or lines of credit or other credit enhancement which it deems reasonable and appropriate for bonds; (C) to provide, and enter into binding commitments to provide, a subsidy for, or to otherwise assist local governmental units and other eligible borrowers in the payment of, debt service costs on loans and other forms of financial assistance made pursuant to this section and to provide any other subsidization authorized by the Department in addition to the subsidy or other assistance authorized by this section; (D) to provide reserves for, or to otherwise secure, amounts payable by local governmental units and other eligible borrowers on, loans and other forms of financial assistance made by the Department pursuant to this section; and (E) to provide payment from any available source for reasonable and necessary professional and financial services incident to the conduct of the programs of EOEA, including costs of issuance of its bonds.

 

(iv) The Coastal and Shorefront Infrastructure Fund shall initially be funded with five million dollars appropriated by the Legislature.

 

(v) The Department of Conservation and recreation shall establish standards, guidelines, criteria and other rules and regulations for the administration and implementation of their powers under this section including, without limitation, a priority system and priority list for the approval of projects, the determination of eligible borrowers and eligible costs of projects and the terms and conditions of loans and/or grants by the Department. As an aid in determining the priority list for the CASIF the Department shall utilize the Massachusetts Coastal Infrastructure Inventory and Assessment Report completed by the Commonwealth’s Department of Conservation and Recreation in October of 2009, and any update to said Report. Other factors which the Department shall consider when prioritizing loans and or grants through the CASIF include:

 

(A) affirmative steps taken by local communities to identify future infrastructure needs as sea level rises.

 

(B) applicable data from FEMA, or the National Flood Insurance Program demonstrating areas in the Commonwealth that are subject to repetitive property damage and are therefore a priority for coastal and shorefront infrastructure projects.

 

(C) demonstrated flood prevention efforts and financial contributions already made by the applicant.

 

(vi) Issuing contracts for the CASIF shall be issued through EOEA or through its designee, the Division of Waterways within the Department of Conservation and Recreation, which currently administers grants and loans under Ch. 91 with the Rivers and Harbors Program.

 

(vii) EOEA or the Department shall be permitted to loan monies for the CASIF for eligible projects at interest rates no greater than 2%.

 

(viii) EOEA or the Department are also expressly permitted to provide grants to communities from said Coastal and Shorefront Infrastructure Fund. Grants from said CASIF shall require matching funds from the applicant community. To demonstrate a local commitment for receiving a Coastal and Shorefront infrastructure improvement grant an applicant/community must appropriate matching funds equal to 50% of the CASIF grant. Matching funds under this section shall be defined to be expenditures from communities commencing in July of 2010 to present day for coastal and shorefront infrastructure projects.


Budget Amendment ID: FY2014-S3-208

ENV 208

Herring Run

Mr. Hedlund moved that the proposed new text be amended in section 2, in item 2330-0100, in line 9, by inserting after "fisheries;" the following:-

 

Provided further that $100,000 shall be expended for the protection and maintenance of the Herring Run, located in the town of Weymouth” and in said item by striking out the figures "4,759,039" and inserting in place thereof the figures "4,809,039”.


Budget Amendment ID: FY2014-S3-209

ENV 209

Whitman's Pond

Mr. Hedlund moved that the proposed new text be amended in section 2, in item 2300-0101, by inserting after the word “entities;” the following:-

 

Including Whitman’s Pond in Weymouth, to which $100,000 shall go towards creating a long term plan for the removal of hostile agriculture, with the remainder going towards operational costs, and pond maintenance”  and in said item by striking out the figure "494,488" and inserting in place thereof the figures "594,488”.


Budget Amendment ID: FY2014-S3-210-R1

Redraft ENV 210

Protection for Important Wildlife

Mr. Joyce moved that the proposed new text be amended by inserting after section 84 the following section:-

 

“SECTION 84A. Subsection (a) of section 5 of chapter 131A of the General Laws, as so appearing, is hereby amended by striking out clauses (v) and (vi) and inserting in place thereof the following 3 clauses:-

 

(v) the potential economic effects of the proposed project on the person and the community;

 

(vi) a statement from the conservation commission of a city or town that hosts any part of the significant habitat evaluating the effects of the proposed alteration on that habitat including, but not limited to, the effects of construction, chemicals, snow treatment and removal, increased traffic and recreation; and

 

(vii) any additional information the director may require.”


Budget Amendment ID: FY2014-S3-211

ENV 211

Carbon Tax Report

Messrs. Barrett and Pacheco moved that the proposed new text be amended by inserting, after section ___, the following new section: -

“SECTION ___.  The Commissioner of Revenue, in consultation with the Commissioner of Energy Resources, shall file a report, not later than December 1, 2013, regarding any statutory, regulatory and administrative changes, arrangements and calculations that may be required in the event the Commonwealth’s taxation of sales of gasoline is broadened to include taxation of sales of all carbon-based fuels.  The report shall be filed with the joint committee on revenue, the joint committee on environment, natural resources and agriculture, and the senate and house committees on ways and means.”


Budget Amendment ID: FY2014-S3-212

ENV 212

DCR Rinks

Mr. Joyce moved that the proposed new text be amended by inserting, after section __, the following new section:-

 

“SECTION __.  (a) Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the division of capital asset management and maintenance, using the competitive proposal process the division considers necessary or appropriate, in consultation with the department of conservation and recreation, may lease and enter into other agreements with 1 or more persons or entities, for terms not to exceed 25 years, for the continued use, operation, maintenance, repair and improvement of all skating rinks owned by the department not currently under a lease agreement, together with the land and appurtenances associated therewith.

 

(b) The failure of the city or town in which the rink is located to apply for prequalification under subsection (c) shall not prohibit that city or town from bidding under this section.

 

(c) Before the division, in consultation with the department, sends out a request for proposals under this section, the division shall hold open a prequalification period of 30 days for the city or town in which the rink is located and any nonprofit organization located within the city or town that desires to bid on the rink, or for a partnership of municipalities which share geographic boundaries as long as the subject rink is located within the geographic area of the municipalities comprising the partnership. The city or town, a nonprofit organization or a partnership of municipalities that desires to lease the rink under this section may submit materials for prequalification. The prequalification determination may consider, but shall not be limited to, the ability of the city or town, nonprofit organization or partnership to finance the capital improvements determined to be necessary at the rink by the division and to manage, operate and maintain the property. The division, in consultation with the department, shall determine whether the city or town, a nonprofit organization or a partnership is prequalified within 15 days of the expiration of the prequalification period. If the city, nonprofit organization or partnership is determined to be prequalified, then the city, nonprofit organization or partnership shall be awarded the lease for the skating rink under the terms and conditions set forth in this act; provided, however, that only 1 lease shall be awarded based on preference as described in subsection (d).

 

(d) (1) The city or town in which the rink is located shall be given a right of first refusal to lease the skating rink provided that the town meets the prequalification standards established by the department under subsection (c).

 

(2) If the city or town does not bid for the lease and a nonprofit organization and a partnership of municipalities are determined to be prequalified, the nonprofit organization shall be awarded the lease.

 

(3) If more than 1 nonprofit organization is determined to be prequalified, the department, in consultation with the city or town in which the rink is located, may choose to which nonprofit organization the lease for the rink shall be awarded.

 

(4) The city or town, a nonprofit organization or partnership awarded the lease under this act shall pay the sum of $1.00 as consideration for the lease, subject to the required capital improvements, performance specifications and other prequalification requirements and terms of the division and submitted proposal. The length of the lease shall be determined between the division and the city or nonprofit organization.

 

(e) The lease and other agreements shall be on terms acceptable to the commissioner of capital asset management and maintenance, after consultation with the commissioner of conservation and recreation and, notwithstanding any general or special law to the contrary, shall provide for the lessees to operate, manage, improve, repair and maintain the property and to undertake initial capital improvements that the commissioners determine are necessary due to the structural condition of the property. The leases or other agreements requiring improvements to be made on the property may include a description of the initially required improvements and performance specifications.

 

(f) Ice time at the rink shall be allocated to user groups in the following order of priority: general public skating; nonprofit youth groups; high school hockey, not for profit schools or colleges; for-profit youth groups and adult organizations or informal groups. Ice time may be allocated at the discretion of the operator, but general public skating shall be booked, in 2-hour contiguous blocks at a minimum of 12 hours per week, with a range of times and days which reasonably allow for public skaters of all ages to participate in some public skating sessions. Every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly-formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender.

 

(g) The leases and other agreements authorized in this section shall provide that any benefits to the community and the costs of improvements and repairs made to the property provided by the lessees or the recipients of the property shall be taken into account as part of the consideration for the lease or other agreements. Consideration received from the lease or other agreements for the rink shall be payable to the department of conservation and recreation for deposit into the General Fund. The lessees or the recipients of the property shall bear the costs considered necessary or appropriate by the commissioner of conservation and recreation for the transactions including, without limitation, costs for legal work, survey, title and the preparation of plans and specifications.

 

(h) The name of the skating rink shall not be altered or changed under any lease or other agreement entered into under this act.”


Budget Amendment ID: FY2014-S3-213

ENV 213

Fellsmere Pond in Malden

Ms. Clark moved that the proposed new text be amended in section 2, in item 2810-0100, by adding at the end thereof the following:-

 

"; provided further, that no less than $75,000 shall be expended for the maintenance and improvement of the Felllsmere Pond Reservoir in the City of Malden."


Budget Amendment ID: FY2014-S3-214

ENV 214

Shellfish propagation for Barnstable, Dukes, and Nantucket Counties

Mr. Wolf moved that the proposed new text be amended in section 2, in item 2330-0100, by adding the following: “; provided further, that $75,000 shall be expended for shellfish propagation in Barnstable, Dukes and Nantucket counties to be administered jointly by the Department of Marine Fisheries and the counties”


Budget Amendment ID: FY2014-S3-215

ENV 215

DEP Recycling and Solid Waste Management

Messrs. Barrett, Brownsberger and Eldridge moved that the proposed new text be amended in section 2, in item 2200-0107, by striking out the figure “$375,000” and inserting in place thereof the following figure:- “$1,459,987”.


Budget Amendment ID: FY2014-S3-216

ENV 216

Silent Spring

Mr. Wolf and Ms. Creem and Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 7100-0200, by adding the following: “and provided further, not less than $375,000 be allocated to Silent Spring Institute to protect healthy drinking water and any and all findings shall be reported to the Cape Cod Commission to inform the Barnstable County Regional Wastewater Management Plan and the county shall incorporate these findings in their Regional Wastewater Management Plan”


Budget Amendment ID: FY2014-S3-217-R1

Redraft ENV 217

Municipality Reimbursement

Mr. Rodrigues moved that the proposed new text be amended by inserting after section 139 the following section:

 

"SECTION 139A. Notwithstanding any general law or special law to the contrary, the department of energy resources shall expend an amount not to exceed $3,000,000 from the RGGI Auction Trust Fund established in section 35II of chapter 10 of the General Laws for a one-time reimbursement to a municipality that has been negatively impacted by a reduction in property tax receipts from a dual coal and oil fired electric generating station due to a reduction in capacity factor, occurring after July 1, 2012. The municipality shall be entitled to reimbursement under this section of an amount by which the tax receipts, including payments in lieu of taxes or other compensation, paid by the affected property owner of the electric generating station in tax year 2013 is less than the amount of the tax receipts paid by the electric generating station in 2012.  Prior to reimbursement to a municipality under this section, the municipality and the affected property owner of the electric generating station shall negotiate in good faith payments in lieu of taxes or other compensation for subsequent years; provided however, that if the municipality and the affected property owner of the electric generating station have not negotiated in good faith payments in lieu of taxes and other compensation, then the facility's tax obligation shall be determined by an independent third party assessor paid by the facility but selected jointly by the municipality and the affected property owner of the electric generating station or, if they are unable to arrive at a joint selection, by the department of revenue.”


Budget Amendment ID: FY2014-S3-218

ENV 218

Invasive Aquatic Plant Maintenance

Ms. Creem and Messrs. Barrett and Brownsberger and Ms. Spilka moved that the proposed new text be amended in section 2, in item 2810-0100, by adding at the end thereof the following:- “provided further, that not less than $350,000 shall be expended for the purposes of aquatic invasive species control” and in said item, by striking out the figures:- “$41,044,957” and inserting in place thereof the figures “$41,394,957”.


Budget Amendment ID: FY2014-S3-219

ENV 219

Coal Plant Reuse Study

Messrs. Knapik, Rodrigues, Michael O. Moore and Timilty moved that the proposed new text be amended by inserting, after section 144, the following new section:-

SECTION XX.   Notwithstanding any general or special law to the contrary, the Massachusetts clean energy center shall provide not less than $100,000 for communities to conduct site assessments of retiring coal-fired electric generation power plants located therein.  The study shall include, but not be limited to, examining the potential land use, redevelopment options and remediation of the site.


Budget Amendment ID: FY2014-S3-221-R2

2nd Redraft ENV 221

Park Betterment

Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 2810-0100, by adding at the end thereof the following: "provided further that not less than $50,000 shall be expended for the development of a facility for the enjoyment of the public in Sacramone Park in the city of Everett”; and by striking out the figure “$41,044,957” and inserting in place thereof the following figure:- “$41,094,957”


Budget Amendment ID: FY2014-S3-222-R1

Redraft ENV 222

Updating the Bottle Bill

Ms. Creem and Messrs. Rush, Keenan, Ross, Barrett, Brownsberger, Donnelly, Eldridge, Hedlund, Wolf, Pacheco and Joyce and Ms. Chang-Diaz and Ms. Lovely and Messrs. DiDomenico and McGee moved that the proposed new text be amended by inserting after section 71 the following 15 sections:-

“SECTION 71A. Section 321 of chapter 94 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the definition of “Beverage” and inserting in place thereof the following definition:-

“Beverage”, soda water or similar carbonated soft drinks; beer and other malt beverages; noncarbonated soft drinks, including, but not limited to mineral water, flavored and unflavored water, spring water, fruit drinks that contain less than 10 per cent juice, sports drinks and other water beverages, coffee and coffee-based drinks; and all other nonalcoholic carbonated and noncarbonated drinks in liquid form intended for human consumption, except milk and beverages that are primarily derived from dairy products, beverages containing a minimum of 10 per cent juice, infant formula and medicines approved by the United States Food and Drug Administration; but shall not include alcoholic beverages other than beer and malt beverages as defined in chapter 138 and wine.

SECTION 71B. The definition of “Beverage container” in said section 321 of said chapter 94, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- This definition shall not include containers made of paper-based biodegradable material and aseptic multi-material packaging.

SECTION 71C. Said section 321 of said chapter 94, as so appearing, is hereby further amended by inserting after the definition of “Plastic bottle” the following 2 definitions:-

“Redemption center”, a business the primary purpose of which is the redemption of beverage containers and which is not ancillary to any other business.

“Redemption facility” a person or business who engages in the refund of deposits for beverage containers as described in this section.

SECTION 71D. Said section 321 of said chapter 94, as so appearing, is hereby further amended by adding the following definition:-

“Small dealer”, a person or business, including an operator of a vending machine, who engages in the sale of beverages in beverage containers to consumers, with a contiguous retail space of 3,000 square feet or less, exclusive of office and stockroom space, and fewer than 4 locations under the same ownership within the commonwealth.

SECTION 71E. Section 322 of said chapter 94, as so appearing, is hereby amended by adding the following 2 sentences:-  The secretary of energy and environmental affairs shall review the refund value every 5 years and may increase that amount to reflect the consumer price index as reported by the United States Department of Labor, but the refund value shall not be less than $.05.  The secretary of energy and environmental affairs shall promulgate regulations which establish maximum acceptable container size.

SECTION 71F. Section 323 of said chapter 94, as so appearing, is hereby amended by striking out, in lines 11 and 12, and in line 19, the words “one cent” and inserting in place thereof, in each instance, the following words:- 3 and one half cents.

SECTION 71G.  Paragraph (c) of said section 323 of said chapter 94, as so appearing, is further amended by adding the following sentence:- The handling fee shall be reviewed and may be adjusted every 5 years by the secretary of energy and environmental affairs to reflect the consumer price index as reported by the United States Department of Labor and industry-specific increases or decreases in costs incurred by redemption facilities.

SECTION 71H.  Paragraph (d) of said section 323 of said chapter 94, as so appearing, is hereby further amended by adding the following sentence:-  The handling fee shall be reviewed and may be adjusted every 5 years by the secretary of energy and environmental affairs to reflect the consumer price index as reported by the United States Department of Labor and industry-specific increases or decreases in costs incurred by redemption facilities.

SECTION 71I. Paragraph (e) of section 323 of said chapter 94, as so appearing, is hereby amended by adding the following sentence:- The executive office of environmental affairs shall promulgate rules and regulations for the licensure of redemption centers and may set fees for such licensing.

SECTION 71J. Said section 323 of said chapter 94, as so appearing, is hereby further amended by inserting after the word “civil”, in line 73, the following words:- or administrative.

SECTION 71K.  Paragraph (i) of said section 323 of said chapter 94, as so appearing, is hereby amended by adding the following sentence:-  At each location where persons tender containers for redemption, dealers and redemption centers shall conspicuously display a sign in letters that are at least 1 inch in height with the following information: “WARNING: Any person who tenders to a dealer, distributor, redemption center or bottler more than 10 cases of 24 empty beverage containers each, which such person knows or has reason to know were not originally sold in the commonwealth as filled beverage containers, for the purpose of obtaining a refund value or handling fee shall be subject to a civil penalty of the greater of $100 for each container or $25,000 for each tender of containers, under Massachusetts General Laws, chapter 94”.

SECTION 71L.  Section 323D of said chapter 94, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “Clean Environment Fund, established pursuant to section three hundred and twenty-three F” and inserting in place thereof the following words:- General Fund.

SECTION 71M.  Said section 323D of said chapter 94, as so appearing, is hereby further amended by adding the following paragraph:-

Notwithstanding the first paragraph, amounts collected by the commissioner of revenue under this section that result from the sale of noncarbonated soft drinks including, but not limited to, flavored and unflavored water, spring water, fruit drinks that contain less than 10 per cent juice, sports drinks and other water beverages, coffee and coffee-based drinks, shall be deposited in the Massachusetts Community Preservation Trust Fund established in section 9 of chapter 44B of the General Laws.

SECTION 71N. Section 327 of said chapter 94, as so appearing, is hereby amended by inserting after the word “civil”, in line 14, the words “or administrative”.

SECTION 71O. Said section 327 of said chapter 94, as so appearing, is hereby further amended by inserting after the first paragraph the following 2 paragraphs:-

The department of environmental protection may enforce section 321, paragraphs (a) to (f), inclusive, of section 322, paragraph (i) of section 323, section 323A, section 323F and sections 324 and 325.  A bottler, distributor, redemption center or dealer who violates any of the foregoing provisions shall be subject to an administrative penalty for each violation of not more than $1,000.

The department of revenue may enforce paragraphs (g) and (h) of section 323 and sections 323B to 323E, inclusive.  A bottler, distributor, redemption center or dealer who violates any of the foregoing provisions shall be subject to an administrative penalty for each violation of not more than $1,000.”;

and by inserting after section 139 the following section:-

“SECTION 139A. Notwithstanding any general or special law to the contrary, the secretary of energy and environmental affairs shall, not later than January 1, 2014, promulgate regulations providing small dealers as defined in section 321 of chapter 94 of the General Laws with the right to seek exemptions from accepting empty deposit containers. The regulations shall consider at least the health and safety of the public, the convenience for the public, including standards governing distribution of centers by population or by distance or both, the size and storage capacity of the dealers to be served by the redemption center and the size and storage capacity of the redemption center. The order approving a local redemption center license shall state the dealers to be served and the kinds, sizes and brand names of empty beverage containers that the center accepts.”;

and by inserting after section 143 the following section:-

“SECTION 144A. Sections 71A to 71O, inclusive, shall take effect on April 22, 2014.”


Budget Amendment ID: FY2014-S3-223-R1

Redraft ENV 223

Mystic River Water Chestnut Removal

Ms. Jehlen and Ms. Creem and Messrs. Downing, Keenan and McGee moved that the proposed new text be amended in section 2, in item 2810-0100, by inserting after the words “bureau of forestry development” the following:-

“and (iv) for aquatic invasive species control;”.


Budget Amendment ID: FY2014-S3-224

ENV 224

Mystic River Master Plan Implementation

Ms. Jehlen moved that the proposed new text be amended in section 2, in item 2810-0100, by inserting at the end thereof the following:-

“; and provided further that not less than $500,000 shall be expended for the purpose of finalizing the designs and obtaining permits necessary for implementation of the Mystic River Master Plan”;

and in said item, by striking the figure “$41,044,957” and inserting in the place thereof the figure:-

“$41,544,957”.


Budget Amendment ID: FY2014-S3-225

ENV 225

Algae Removal

Mr. McGee moved that the proposed new text be amended in section 2, in item 2800-0501, Mr. McGee moved that the bill be amended in section 2, in item 2800-0501, by adding the following words:- “provided further, that no less than $50,000 shall be expended for the cleanup of Pilayella algae on the Nahant Beach Reservation and Long Beach in the town of Nahant, and on King’s Beach in the city of Lynn.”


Budget Amendment ID: FY2014-S3-225.1

Further ENV 225.1

Algae Removal

Mr. Keenan moved that the amendment be amended in section 2, in item 2800-0501, by inserting after the word "city of Lynn.” the following: - "provided further, that no less than $25,000 shall be expended for the cleanup of Pilayella algae on Quincy Bay."


Budget Amendment ID: FY2014-S3-226

ENV 226

Aquatic Nuisance Control

Mr. McGee moved that the proposed new text be amended in section 2, in item 2310-0200, Mr. McGee moved that the bill be amended, in section 2, in item 2310-0200, by adding at the following words:- “provided further, that $60,000 shall be expended for aquatic nuisance control in Sluice Pond, Flax Pond, and the Floating Bridge Pond in the city of Lynn.”


Budget Amendment ID: FY2014-S3-228

ENV 228

Lynn Brownfield Cleanup

Mr. McGee moved that the proposed new text be amended in section 2, in item 2260-8870, Mr. McGee moved that the bill be amended, in section 2, in item 2260-8870, by adding the following words:- “; provided further, that no less than $90,000 shall be provided for brownfield redevelopment in the City of Lynn”.


Budget Amendment ID: FY2014-S3-229

ENV 229

Wheelabrator

Mr. McGee moved that the proposed new text be amended in section 2, in item 2200-0100, Mr. McGee moved to amend the bill in section 2, in item 2200-0100, by adding the following: “Provided further, that no less than $92,000 shall be expended for environmental damage mitigation in the town of Marblehead and no less than $50,000 shall be expended for environmental damage mitigation in the town of Swampscott.”


Budget Amendment ID: FY2014-S3-230

ENV 230

Heritage Areas

Messrs. Richard T. Moore and McGee and Ms. Lovely moved that the proposed new text be amended in section 2, by inserting the following new item:-

xxxx-xxxx  For the continued support of the National Heritage Areas within the commonwealth, as identified in chapter 272 of the acts of 2010; provided that funds shall be distributed to each of the heritage areas and may be expended for operational purposes or serve as matching funds in pursuit or maintenance of federal grants.................$500,000


Budget Amendment ID: FY2014-S3-231-R1

Redraft ENV 231

DCR Park Operations

Messrs. Wolf, Brownsberger, Eldridge, Kennedy and Michael O. Moore moved that the proposed new text be amended in section 2, in item 2810-0100, by striking the number “$41,044,957” and inserting in place thereof the figure “$43,899,928;”

 

in item 2800-0501 by striking the number “$12,651,578” and inserting in place thereof the figure “$13,595,578;”

 

in item 2820-0101 by striking the number “$1,438,041” and inserting in place thereof the figure “$1,562,997;”

 

in item 2800-0100 by striking the number “$4,273,060” and inserting in place thereof the figure “$4,473,480”.


Budget Amendment ID: FY2014-S3-232-R1

Redraft ENV 232

Lake Chargoggagoggmanchaugga goggchaubunagungamaugg

Mr. Ricahrd T. Moore moved that the proposed new text be amended by inserting after section 84 the following 4 sections:-

“SECTION 84A.  Section 45 of chapter 131 General Laws, as so appearing, is hereby amended by inserting after the word “following:”, in line 14, the following words:- a limitation on the length of a vessel,.

SECTION 84B.  Said section 45 of said chapter 131, as so appearing, is hereby further amended by inserting after the word “uses”, in line 17, the first time that it appears, the following words:- , a ban on the operations of any commercial vessel.

SECTION 84C.  Said section 45 of said chapter 131, as so appearing, is hereby further amended by inserting after the word “uses”, in line 24, the following words:- a limitation on the length of a vessel, a ban on the operations of any commercial vessel.

SECTION 84D.  Said section 45 of said chapter 131, as so appearing, is hereby further amended by adding the following paragraph:-

Notwithstanding any other provision of this section, the director of the office of law enforcement shall formally respond, in writing, to any request for approval of a rule or regulation subject to approval by the office of law enforcement from a city or town in which the whole or any portion of any great pond is situated within 90 days; provided, however, that  the proposed regulation changes shall be the subject of a public hearing within the city or town making the request prior to the issuance of a formal response by the office of law enforcement.”.