Budget Amendment ID: FY2015-S4-200-R1

Redraft ENV 200

Update the Bottle BIll

Ms. Creem, Mr. Eldridge, Ms. Chang-Diaz, Ms. Spilka, Messrs. Wolf and DiDomenico, Ms. Jehlen, Ms. Lovely, Messrs. Barrett, Donnelly and Hedlund moved that the proposed new text be amended moved that the bill be amended by inserting after section 56 the following 16 sections:-

“SECTION 56A. Section 321 of chapter 94 of the General Laws, as appearing in the 2012 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; provided, however, that “beverage” shall not include 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; and provided further, that “beverage” shall not include wine or alcoholic beverages other than beer and malt beverages as defined in section 1 of chapter 138.

SECTION 56B. 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:- “Beverage container” shall not include containers made of paper-based biodegradable material and aseptic multi-material packaging.

SECTION 56C. 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 56D. 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 56E. 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 5 cents. The secretary shall promulgate regulations which establish the maximum acceptable container size.

SECTION 56F. 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 1/2 cents.

SECTION 56G. Paragraph (c) of said section 323 of said chapter 94, as so appearing, is hereby 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 56H. Paragraph (d) of said section 323 of said chapter 94, as so appearing, is hereby 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 in costs incurred by redemption facilities.

SECTION 56I. Paragraph (e) of said section 323 of chapter 94, as so appearing, is hereby amended by adding the following sentence:- The executive office of energy and environmental affairs shall promulgate rules and regulations for the licensure of redemption centers and may set fees for such licensing.

SECTION 56J. 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 56K. 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 56L. 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 56M. Said section 323D of said chapter 94, as so appearing, is hereby further amended by adding the following paragraph:-

Notwithstanding the first paragraph, 100 per cent of amounts collected by the commissioner of revenue under this section that result from the sale of 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 shall be deposited as follows: (i) 50 per cent to the Massachusetts Community Preservation Trust Fund established in section 9 of chapter 44B and (ii) 50 per cent to the Brownfields Redevelopment Fund established in section 29A of chapter 23G.

SECTION 56N. Section 326 of said chapter 94, as so appearing, is hereby amended by striking out, in lines 2 to 5, inclusive, the words “three hundred and twenty-one, three hundred and twenty-two, paragraphs (a) to (f), inclusive, of section three hundred and twenty-three, three hundred and twenty-three F, three hundred and twenty-four and three hundred and twenty-five” and inserting in place thereof the following figures:- 321, 322, 324 and 325.

SECTION 56O. 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 56P. 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 323, section 323A, section 324 and section 325.  A bottler, distributer, redemption center or dealer who violates any of the foregoing sections 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 sections shall be subject to an administrative penalty for each violation of not more than $1,000.”; and

by inserting after section 123 the following section:-

“SECTION 123A. Notwithstanding any general or special law to the contrary, the secretary of energy and environmental affairs shall, not later than January 1, 2015, 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 131 the following section:-

SECTION 131A. Sections 56A to 56P, inclusive, shall take effect on April 22, 2015.

Budget Amendment ID: FY2015-S4-201-R1

Redraft ENV 201

City of Boston Economic Development

Mr. Rush moved that the proposed new text be amended by inserting, after section 122, the following section:-

"SECTION 122A. (a) Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance may, on behalf of and in coordination with the department of conservation and recreation, enter into negotiations to execute a lease agreement, with 1235-1237 VFW Parkway LLC, the owner of the property located at 1235-1237 VFW parkway in the West Roxbury section of the city of Boston. The property to be leased by the division consists of approximately 19,781 square feet, or 0.45 acres, and is currently used as a parking lot. The lease shall be on such terms and conditions as may be determined by the division, in consultation with the department and subject to the requirements of this section.

(b) The division, on behalf of the department, may lease the property from the lessor for an original term of not more than 5 years and may provide an option to extend the lease term for 1 consecutive term of 5 years.  No additional renewals shall be executed without the approval of the general court. Consideration for the lease shall be for not more than fair market value, as determined by an independent appraisal, and shall require that the property only be used as a parking lot, under the care and control of the department, to be used for public parking and increased access to Havey beach, Riverdale park, Rivermoor park, Millennium park or other nearby properties maintained by the department.

(c) At least 21 days prior to the execution of the lease by the division, the commissioner of capital asset management and maintenance shall file a copy of the lease with the inspector general and the clerks of the senate and house of representatives. The inspector general shall review the lease and file any comments and recommendations on the lease with the clerks of the house of representatives and the senate at least 10 days prior to the execution of the lease.

(d) The department shall have the right to renovate, repair or improve the property, subject to the this section. The lessor shall maintain any existing property or liability insurance in an amount and of a type sufficient to protect the commonwealth and its leasehold interest from any action arising from a claim against the property subject to the lease; provided, however, that the commissioner of capital asset management and maintenance, and the commissioner of conservation and recreation shall review and approve the terms of such insurance."

Budget Amendment ID: FY2015-S4-203-R1

Redraft ENV 203

Nutrient Regulations

Messrs. Rodrigues and Tarr moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended by inserting after section 85 the following section:-

"SECTION 85A. Section 10 of chapter 262 of the acts of 2012 is hereby amended by striking out the words “January 1, 2014”, as appearing in section 26 of chapter 118 of the acts of 2013, and inserting in place thereof the following words:- January 1, 2016; provided, however that regulations promulgated under section 7 to implement section 65A of chapter 128 of the General Laws shall be completed by January 1, 2015."

Budget Amendment ID: FY2015-S4-204

ENV 204

Net Metering Reform to Reduce the Cost of Electricity

Messrs. Tarr, Hedlund and Ross moved that the proposed new text be amended moved that the bill be amended By inserting, after section ___, the following new sections:-

SECTION XX. Section 138 of chapter 164 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the fourth paragraph and inserting, in the place thereof, the following paragraph:—

‘Class I net metering credit’, a credit equal to the excess kilowatt-hours by time of use billing period, if applicable, multiplied by the sum of the distribution company’s: (i) default service kilowatt-hour charge in the ISO-NE load zone where the customer is located; (ii) distribution kilowatt-hour charge; (iii) transmission kilowatt-hour charge; and (iv) transition kilowatt-hour charge; provided, however, that this shall not include the demand side management and renewable energy kilowatt-hour charges set forth in sections 19 and 20 of chapter 25; and provided further, a credit for a Class I net metering facility not using more than 50 percent of the facility’s on site generation, as compared to the three (3) year average use on the site, shall be equal to the excess kilowatt-hours by time of use billing period, if applicable, multiplied by the monthly basic service price for the applicable rate class; and provided further, a credit for a Class I net metering facility that is not an agricultural net metering facility or is not using solar, anaerobic digestion or wind as its energy source, shall be the average monthly clearing price at the ISO-NE.

SECTION XX. Section 138 of chapter 164 of the General Laws, as so appearing, is hereby amended by striking out the sixth paragraph and inserting, in the place thereof, the following paragraph:—

‘Class II net metering credit’, a credit equal to the excess kilowatt-hours by time of use billing period, if applicable, multiplied by the sum of the distribution company’s: (i) default service kilowatt-hour charge in the ISO-NE load zone where the customer is located; (ii) distribution kilowatt-hour charge; (iii) transmission kilowatt-hour charge; and (iv) transition kilowatt-hour charge; provided, however, that this shall not include the demand side management and renewable energy kilowatt-hour charges set forth in sections 19 and 20 of chapter 25; and provided, further, a credit for a Class II net metering facility not using more than 50 percent of the facility’s on site generation, as compared to the three (3) year average use on the site, shall be equal to the excess kilowatt-hours by time of use billing period, if applicable, multiplied by the monthly basic service price for the applicable rate class.

SECTION XX. Section 138 of chapter 164, as so appearing, is hereby amended by striking out the eighth paragraph and inserting, in the place thereof, the following paragraph:—

‘Class III net metering credit’, a credit equal to the excess kilowatt-hours by time of use billing period, if applicable, multiplied by the sum of the distribution company’s: (i) default service kilowatt-hour charge in the ISO-NE load zone where the customer is located; (ii) transmission kilowatt-hour charge; and (iii) transition kilowatt-hour charge; provided, however, that for a Class III net metering facility of a municipality or other governmental entity, the credit shall be equal to the excess kilowatt-hours multiplied by the sum of (i), (ii) and (iii) and the distribution kilowatt-hour charge; and provided further, that this shall not include the demand side management and renewable energy kilowatt-hour charges set forth in sections 19 and 20 of chapter 25; and provided, further, a credit for a Class III net metering facility not using more than 50 percent of the facility’s on site generation, as compared to the three (3) year average use on the site, shall be equal to the excess kilowatt-hours by time of use billing period, if applicable, multiplied by the monthly basic service price for the applicable rate class.

Budget Amendment ID: FY2015-S4-205

ENV 205

Flood Protection

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 2800-0101, moved that the bill be amended in section 2, in item 2800-0101, by inserting at the end thereof the following: "; provided further, that no more than $40,000 shall be expended from this item for the construction of drop inlet structures to reduce flooding in the Assonet neighborhood of the town of Freetown”; and in said item by striking out the figure “$1,020,149” and inserting in place thereof the following figure:- “$1,060,149”.

Budget Amendment ID: FY2015-S4-206

ENV 206

Choate Park Dam Analysis

Ms. Spilka moved that the proposed new text be amended in section 2, in item 2800-0700, moved that the bill be amended in section 2, in item 2800-0700 by adding at the end thereof the following:- "provided that $22,000 shall be expended for a hydraulic analysis of the dam in Choate Park in the town of Medway”; and in said item, striking out the figure “$372,865” and inserting in place thereof the figure "$394,865".

Budget Amendment ID: FY2015-S4-207

ENV 207

DAR Administration

Messrs. Pacheco and Eldridge moved that the proposed new text be amended in section 2, in item 2511-0100, moved that the bill be amended in section 2, in item 2511-0100, by striking out the figures "$5,001,426" and inserting in place thereof the following figures:-- "$5,507,000"

Budget Amendment ID: FY2015-S4-208

ENV 208

Hazardous Waste

Messrs. Pacheco and Eldridge moved that the proposed new text be amended in section 2, in item 2260-8870, moved that the bill be amended in section 2, in item 2260-8870, by striking the figures "13,873,654" and inserting in place thereof the following figures:-- "13,944,080

Budget Amendment ID: FY2015-S4-209

ENV 209

Blue Hills Observatory Lease

Mr. Joyce moved that the proposed new text be amended moved that the bill 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: FY2015-S4-210

ENV 210

Blue Hills Ski Area Lease

Mr. Joyce moved that the proposed new text be amended moved that the bill 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: FY2015-S4-211

ENV 211

Blue Hills Observatory Operations

Messrs. Joyce and Barrett moved that the proposed new text be amended in section 2, in item 2810-0100, moved that the bill 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: FY2015-S4-212

ENV 212

Borderland State Park Trust Fund

Mr. Joyce moved that the proposed new text be amended moved that the bill 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: FY2015-S4-213

ENV 213

Ponkapoag Golf Course Lease

Mr. Joyce moved that the proposed new text be amended moved that the bill 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: FY2015-S4-214-R3

3rd Redraft ENV 214

Trailside Museum

Mr. Joyce moved that the proposed new text be amended in section 2, in item 2810-0100, moved that the bill be amended, in section 2, in item 2810-0100, by adding the following words:- “provided further, that not less than $500,000 shall be expended for the Blue Hills Trailside Museum”; and

in section 2, in said item 2810-0100, by striking out the figure “$41,625,332” and inserting in place thereof the following figure:- “$42,125,332”.

Budget Amendment ID: FY2015-S4-215

ENV 215

DCR Skating Rinks

Mr. Joyce moved that the proposed new text be amended moved that the bill 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: FY2015-S4-216-R3

3rd Redraft ENV 216

Lowell Splash Pads

Ms. Donoghue moved that the proposed new text be amended in section 2, in item 2800-0501, moves that the bill be amended, in section 2, in item 2800-0501, by adding the following words:- “; and provided further, that $400,000 shall be expended to provide for the building and maintenance of splash pads in the city of Lowell”; and in said section 2, in said item 2800-0501, by striking out the figure “$14,080,812” and inserting in place thereof the following figure:- “$14,480,812”.

Budget Amendment ID: FY2015-S4-217

ENV 217

Flood Water Levels

Mr. Brownsberger moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, by inserting after item 7100-0207 the following item:

“For the Collaborative Institute for Oceans, Climate and Security at University of Massachusetts Boston to conduct hydrological and hydraulic modeling of flood water levels in sea level rise scenarios for the Charles River Basin and the Mystic River Basin to implement clause (iv) of subsection (b) of section 39 of chapter 52 of the acts of 2014………………………………………$350,000”

Budget Amendment ID: FY2015-S4-218-R1

Redraft ENV 218

Municipality Reimbursement

Mr. Rodrigues moved that the proposed new text be amended moved that the bill be amended SECTION XXXX. (a) 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 1-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; provided that ISO-NE has given approval for a non-price retirement for the generating station. 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 2014 is less than the amount of the tax receipts paid by the electric generating station in 2013. Before 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; but 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: FY2015-S4-219-R1

Redraft ENV 219

Water Treatment Plant

Mr. Joyce moved that the proposed new text be amended in section 2, in item 2250-2000, <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended in section 2, in item 2250-2000, by inserting the following:- “; provided further, that the Commonwealth shall match, on a 1:1 basis, the construction costs of a Department of Environmental Protection-mandated water treatment plant for the towns of Randolph, Braintree, and Holbrook”.

Budget Amendment ID: FY2015-S4-220

ENV 220

DEP Hazardous Waste Cleanup

Messrs. Downing, Lewis and Pacheco, Ms. O'Connor Ives, Ms. Donoghue, Messrs. Joyce and Barrett moved that the proposed new text be amended in section 2, in item 2260-8870, moved that the bill be amended in section 2, in item 2260-8870, by striking out the figure “$13,873,654” and inserting in place thereof the following figure:- “$16,526,000”

Budget Amendment ID: FY2015-S4-221-R1

Redraft ENV 221

Buy Local

Messrs. Downing and Humason moved that the proposed new text be amended in section 2, in item 2511-0100, moved that the bill be amended, in section 2, in item 2511-0100, by striking out the words “funds may be expended to enhance the buy local effort in western, central, northeastern” and inserting in place thereof the following words:- “not less than $200,000 shall be expended to establish a buy local effort in central Massachusetts and to enhance the buy local effort in western, northeastern”.

Budget Amendment ID: FY2015-S4-222

ENV 222

DCR Seasonal Employees

Messrs. Timilty, Wolf, DiDomenico, Michael O. Moore, Pacheco and Barrett and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 2800-0501, moved that the bill be amended in section 2, in item 2800-0501 by striking out the figure "$14,080,812" and inserting in place thereof the following figure:- "$14,651,600".

Budget Amendment ID: FY2015-S4-223

ENV 223

Quincy/Squantum Point Park Canoe Ramp

Mr. Keenan moved that the proposed new text be amended in section 2, in item 2330-0300, moved that the bill be amended in section 2, in item 2330-0300, by adding at the end thereof the following:-

“provided further that $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 in said item, by striking out the figure “$1,290,766” and inserting in place thereof the figure “$1,340,766”

Budget Amendment ID: FY2015-S4-224-R2

2nd Redraft ENV 224

Provincetown Center for Coastal Studies/ Coalition for Buzzards Bay

Messrs. Wolf and Montigny moved that the proposed new text be amended in section 2, in item 2200-0100, moves to amend the bill, in section 2, in item 2200-0100, by adding the following words:- “; and provided further, that $300,000 shall be expended for the Buzzards Bay Coalition and Provincetown Center for Coastal Studies, in conjunction with the Marine Biological Laboratory and the University of Massachusetts at Boston, for a coastal water quality monitoring program in Buzzards Bay, Vineyard Sound, Nantucket Sound and Cape Cod Bay”; and

in said section 2, in said item 2200-0100, by striking out the figure “28,498,667” and inserting in place thereof the following figure:- “28,798,667”.

Budget Amendment ID: FY2015-S4-225

ENV 225

MassGIS

Messrs. Michael O. Moore, Joyce and Pacheco moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2  by inserting after item 1599-6152 the following item:

"1599-xxxx For the Information Technology Division of the Executive Office of Administration and Finance, providing for MassGIS to purchase data sets, further develop data and expand its operations to provide government and communities technical assistance for modeling, planning and adapting for climate change…....$350,000"

Budget Amendment ID: FY2015-S4-226

ENV 226

Pigeon Cove

Mr. Tarr moved that the proposed new text be amended in section 2, in item 2320-0100, moved that the bill be amended in section 2, in item 2320-0100, by inserting after the word “areas” the following:- “; provided, that not more than $100,000 shall be expended for the planning, design and construction of a system of increased floats in Pigeon Cove in the town of Rockport, for the purpose of supporting commercial fishing vessels and increased public access in said cove”; and in said item by striking out the figure “$537,143” and inserting in place thereof the figure “$637,143”

Budget Amendment ID: FY2015-S4-227-R2

2nd Redraft ENV 227

Supporting the Gloucester Fishing Industry

Messrs. Tarr and Hedlund moved that the proposed new text be amended in section 2, in item 2330-0100, moved that the bill be amended in section 2, in item 2330-0100, by inserting after the word “action;” the following:- “provided further, that not less than $133,000 shall be expended for a Great Marsh Green Crab trapping program;” and in said item by striking out the figure “$5,214,213” and inserting in place thereof the figure “$5,347,213”

Budget Amendment ID: FY2015-S4-228-R2

2nd Redraft ENV 228

Shellfish Propagation

Mr. Wolf moved that the proposed new text be amended in section 2, in item 2330-0100, moves to amend the bill, in section 2, in item 2330-0100, by inserting after the words “to promote sustainable fisheries” the following words:- “; 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 counties and the director of marine fisheries”; and

in said section 2, in said item 2330-0100, by striking out the figure “5,214,213” and inserting in place thereof the following figure:- “5,314,213”.

Budget Amendment ID: FY2015-S4-229

ENV 229

DCR 10 Year Permit Authority

Messrs. Wolf, Lewis and Pacheco moved that the proposed new text be amended moved that the bill be amended by inserting, after section 56, the following new section:-

“SECTION __.  Section 33 of chapter 92 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 28, the number “5” and inserting in place thereof the following number:- 10.”

Budget Amendment ID: FY2015-S4-230-R2

2nd Redraft ENV 230

Weymouth Herring Run

Mr. Hedlund moved that the proposed new text be amended in section 2, in item 2330-0100, moved that the bill be amended in section 2, in item 2330-0100, by inserting after "fisheries;" the following: provided further that $50,000 shall be expended for the protection and maintenance of the Herring Run, located in the Town of Weymouth;" and in said item 2330-0100 by striking out the figures "5,214,213" and inserting in the place thereof the figures "5,264,213" .

Budget Amendment ID: FY2015-S4-231

ENV 231

Whitman's Pond

Mr. Hedlund moved that the proposed new text be amended in section 2, in item 2810-0100, moved that the bill be amended in section 2, in item 2810-0100, by inserting after the word “development;” the following: "provided further, that not less than $100,000 shall be expended for long term care and maintenance of Whitman’s Pond in Weymouth;" and in said item by striking out the figures "41,625,332" and inserting in place thereof the figures "41,725,332”.

Budget Amendment ID: FY2015-S4-233

ENV 233

Massachusetts Farm To School Project

Mr. Kennedy moved that the proposed new text be amended in section 2, in item 2511-0100, moved that the bill be amended in section 2, in item 2511-0100, “provided further, that not less than $120,000 shall be expended to support the Massachusetts Farm To School Project

and in said item by striking out the figure “$5,001,426” and inserting in place thereof the figure:- “$5,121.426”

Budget Amendment ID: FY2015-S4-234-R1

Redraft ENV 234

Green Crab Mitigation

Mr. Tarr, Ms. O'Connor Ives and Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 2330-0100, moved that the bill be amended in section 2, in item 2330-0100, by inserting after the word “action;” the following:- “provided further, that not less than $133,000 shall be expended for a Great Marsh Green Crab trapping program;” and in said item by striking out the figure “$5,214,213” and inserting in place thereof the figure “$5,347,213”

Budget Amendment ID: FY2015-S4-235

ENV 235

Elementary School Playgrounds

Ms. Creem moved that the proposed new text be amended in section 2, in item 2810-0100, moved that the bill be amended in section 2, in item 2810-0100, by inserting after ʺfrom this item” the following words:- ʺ; provided further, that no less than $125,000 shall be expended for community playgrounds at elementary schools in the City of Newtonʺ, and in said item by striking out the figures ʺ$40,846,881ʺ and inserting in place thereof the figures ʺ$40,971,881ʺ.

Budget Amendment ID: FY2015-S4-236

ENV 236

Charles River Pathway

Ms. Creem moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, by inserting after item 2810-2042 the following item:-

“xxxx-xxxx For the department of conservation and recreation; provided, however, that $250,000 shall be expended for the design and construction of a pedestrian, bicycle and multi-use pathway along the Charles river between Routes 9 and Routes 16 and the improvement of such path to make it an official connector trail between Hemlock Gorge and Leo J. Martin golf course . . . . . . . . .$250,000”

Budget Amendment ID: FY2015-S4-237

ENV 237

Phragmites Mitigation

Mr. Tarr and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 2300-0101, moved that the bill be amended in section 2, in item 2300-0101, by inserting after the word “entities” the following:- “; provided, that $50,000 shall be expended to continue a phragmites mitigation plan in marshes between the city of Gloucester and the town of Salisbury, including high-resolution salinity mapping”; and in said item by striking out the figure “$507,405” and inserting in place thereof the figure “$557,405”

Budget Amendment ID: FY2015-S4-238

ENV 238

Crystal Lake

Ms. Creem moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, by inserting after item 2810-0100 the following item:-

“xxxx-xxxx For the department of conservation and recreation, provided that $150,000 shall be provided to the City of Newton to improve, manage and protect the water quality in Crystal Lake to include, without limitation, the testing for water pollutants, and improvements to reduce pollution and erosion from water run-off near the lake. . . . . . . . . . $150,000”

Budget Amendment ID: FY2015-S4-240-R1

Redraft ENV 240

Aquatic Invasive Species

Ms. Creem and Mr. Barrett moved that the proposed new text be amended in section 2, in item 2810-0100, moved that the bill be amended in section 2, in item 2810-0100, by inserting after the words "Pilayella algae" the following words:- ʺ; provided further, that not less than $150,000 shall be expended for the purposes of aquatic invasive species control", and in said item by striking out the figures "$41,625,332" and inserting in place thereof the figures ʺ$41,775,332ʺ

Budget Amendment ID: FY2015-S4-241-R2

2nd Redraft ENV 241

Central Plymouth County Water District Commission

Mr. Kennedy moved that the proposed new text be amended in section 2, in item 2810-0100, moved that the bill be amended in section 2, in item 2810-0100, by adding the following words:- “; and provided further, that not less than $50,000 shall be allocated for the Central Plymouth County Water District Commission for the improvement and management of lakes and ponds in the Central Plymouth County Water District”; and

in said section 2, in said item 2810-0100, by striking out the figure “41,625,332” and inserting in place thereof the following figure:- “41,675,322”.

Budget Amendment ID: FY2015-S4-242

ENV 242

Hammond Pond

Ms. Creem moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, by inserting after item 2800-0401 the following item:-

“xxxx-xxxx For the department of conservation and recreation to protect and preserve the water quality in Hammond Pond in the city of Newton to include, without limitation, the stabilization of pond banks by drainage modifications and improvements, vegetation enhancements, macrophytic weed removal and enhancing existing gardens and natural buffers . . . $100,000"

Budget Amendment ID: FY2015-S4-243

ENV 243

MA Emergency Food Assistance Program

Messrs. DiDomenico, Eldridge, Lewis, Wolf, Downing, Donnelly, Welch and Michael O. Moore, Ms. Spilka, Ms. Creem, Messrs. Joyce and Kennedy, Ms. O'Connor Ives, Mr. Petruccelli, Ms. Chang-Diaz and Mr. Montigny moved that the proposed new text be amended in section 2, in item 2511-0105, moved that the bill be amended in section 2, in item 2511-0105 y striking the figure "$14,000,000" and inserting in its place thereof "$15,000,000"

Budget Amendment ID: FY2015-S4-244

ENV 244

Blackstone River Watershed Association

Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item 2810-0100, moved that the bill 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 projects and upgrades made through the Blackstone River Watershed Association"

Budget Amendment ID: FY2015-S4-245-R3

3rd Redraft ENV 245

Mahar Dam

Mr. Rosenberg moved that the proposed new text be amended in section 2, in item 2800-0700, Mr. Rosenberg moved that the bill be amended in section 2, in item 2800-0700, by adding the following words:- “; provided further, that not less than $100,000 shall be expended for the repair and maintenance of the dam at the Ralph C. Mahar Regional School, known as the Mahar Dam, in the town of Orange; provided further, that not less than $302,000 shall be expended for construction, engineering, oversight and tipping fees for the Plymco Dam removal project in the town of Plymouth, which shall be used as matching funds for federal grants; and provided further, that not less than $125,000 shall be expended for the preservation of a historic property in the town of Hadley;”; and

in said section 2, in said item 2800-0700, by striking out the figure “372,865” and inserting in place thereof the following figure:- “899,865”.

Budget Amendment ID: FY2015-S4-247

ENV 247

Increased Sewer Rate Relief

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

“SECTION__.  Section 2Z of Chapter 29 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding after the word “Project” in line 21 the following:-

and any project in which construction has been initiated and for which completion has been scheduled in Fiscal Year 2005 or thereafter in which the total cost is greater than $8,000 per capita on a per resident basis as determined by the most recent United States census or any sewer system that experiences extraordinary rate increases or extraordinary costs of construction due to a mandate pursuant to federal or state environmental laws and regulations.”

Budget Amendment ID: FY2015-S4-248-R1

Redraft ENV 248

Soil Reuse Management and Approval

Mr. Rush moved that the proposed new text be amended moved that the bill be amended by inserting, after section 125, the following section:-

“SECTION 125A.  (a) Notwithstanding any general or special law to the contrary, local approval shall be required for the delivery to a single location of a cumulative volume of more than 100,000 cubic yards of soil that is removed from any source other than permitted sand and gravel pit or quarry.  In a city, the approval shall be by a majority vote of the city council with approval from the mayor.  In a town, the approval shall be a majority vote of the board of selectmen. Approval shall not be required for soil delivered to a site assigned landfill facility which has otherwise received approval for use of the soil from the department of environmental protection.

(b) Said vote shall commence after of an extensive review of a soil management plan prepared by a licensed professional engineer and filed for comment and approval with the local governmental unit that shall include, but shall not be not limited to, a detailed plan which addresses: (i) on site third party inspection working under the direction of a qualified environmental professional during importation and placement of all soils; (ii) third party review and approval of all soil analytical for suitability and reuse at the site; (iii) truck route, hours of operation and maximum number of trucks per day; (iv) erosion, noise, dust and odor control plans; and (v) host community mitigation fee of .50 cents per ton or an agreeable alternative amount.

(c) Not later than June 30, 2015, the department of environmental protection shall establish regulations, standards or procedures for determining the suitability of soil used as fill material including, but not limited to, the reclamation of quarries and sand and gravel pits. The regulations, standards or procedures shall ensure the importation and reuse of soil pose no significant risk of harm to health, safety, public welfare or the environment considering the transport, filling operations and the foreseeable future use of the filled land. The regulations, standards or procedures shall also include a detailed summary of the different grades of soil used for fill and the appropriate zoning subdistrict use where the placement of soil shall be acceptable. The department may adopt and amend or repeal regulations establishing: (1) classes or categories of fill or reclamation activities requiring prior issuance of a permit issued by the department; and (2) classes or categories of fill or reclamation activities that may be carried out without prior issuance of a permit issued by the department.

(d) The department of environmental protection may establish permit application fees for all persons filing applications pursuant to this section and procedures for adjudicatory hearings on department approvals or denials of such permit applications pursuant to chapter 30A of the General Laws. The department may also enforce this section and any regulations promulgated pursuant thereto through the issuance of administrative orders or issuance of administrative penalties pursuant to section 16 of chapter 21A of the General Laws. The superior court shall have jurisdiction in equity to enforce this section upon position of the department or the attorney general."

Budget Amendment ID: FY2015-S4-249

ENV 249

DCR Watershed Management

Messrs. Brownsberger, Joyce, Pacheco and DiDomenico moved that the proposed new text be amended in section 2, in item 2800-0101, moved that the bill be amended in section 2, in item 2800-0101 by striking out the figures “$1,020,149” and inserting in place thereof the figures “1,455,310”.

Budget Amendment ID: FY2015-S4-250-R3

3rd Redraft ENV 250

Community Boating

Mr. Montigny moved that the proposed new text be amended in section 2, in item 2810-0100, moved that the bill be amended in section 2, in item 2810-0100, by adding the following words:- “provided further, that not less than $50,000 shall be expended for the Community Boating, Inc of New Bedford for operational expenses and programming for financially disadvantaged children”; and in said section 2, in said item 2810-0100, by striking out the figures “41,625,332” and inserting in place thereof the following figures:- “41,675,332”.

Budget Amendment ID: FY2015-S4-251-R2

2nd Redraft ENV 251

Conservation Purchase of Land Affiliated with Aquaculture Production

Mr. Wolf moved that the proposed new text be amended in section 2, moved that the bill be amended, in section 2, by inserting after item 2000-1700 the following item:

“xxxx-xxxx  For the Executive Office of Energy & Environmental Affairs, which shall apply $750,000 toward the acquisition in fee or restriction of a 30-acre property, more or less, in the town of Dennis, bounded by Chapin Beach Road and Chase Garden Creek; provided that said property is currently comprised of 40 acres, more or less, and utilized by Aquaculture Research Corporation, and that a 10-acre parcel, more or less, will be subdivided and remain in use for active aquaculture; provided also that the 30-acre property, more or less, may be acquired by grant to a state agency, non-profit or municipality for conservation purposes, to be protected under Article 97 of the Amendments to the Constitution……………………………$750,000”.

Budget Amendment ID: FY2015-S4-252-R2

2nd Redraft ENV 252

Ventura Park Children’s Playground and Baseball Field

Ms. Forry moved that the proposed new text be amended in section 2, in item 2810-0100, moves that the bill be amended, in Section 2, in item 2810-0100, by adding the following words:- “; and provided further, that $250,000 shall be expended for the planning, design and reconstruction of the children’s playground and baseball field at Ventura Park in the Dorchester section of the city of Boston”; and

in said section 2, in said item 2810-0100, by striking out the figure “$41,625,332” and inserting in place thereof the following figure:- “$41,875,332”.

Budget Amendment ID: FY2015-S4-253-R1

Redraft ENV 253

Study to Sustain Fishing Industry In Massachusetts

Messrs. Montigny and Tarr moved that the proposed new text be amended in section 2, in item 2330-0100, moved that the bill be amended in section 2, in item 2330-0100, by adding the following words:- “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.”

Budget Amendment ID: FY2015-S4-254-R1

Redraft ENV 254

Fishing Academy

Messrs. Brownsberger and DiDomenico moved that the proposed new text be amended in section 2, in item 4590-1507, moved that the bill be amended in section 2, in item 4590-1507 by adding the following language after “serving at-risk youth” in the final line:- “; provided further, that not less than $50,000 shall be expended for programs at the Fishing Academy, Inc., for young people in greater Boston.”

Budget Amendment ID: FY2015-S4-255

ENV 255

Watershed Permitting Approach

Mr. Wolf moved that the proposed new text be amended in section 2, in item 2200-0100, moved that the bill be amended in section 2, in item 2200-0100 by adding at the end thereof the following:  “provided further, that the department shall develop a watershed permitting approach, to address and optimize nitrogen management measures intended to restore water quality to meet applicable water quality standards, in watersheds included in an approved area wide nitrogen management plan developed pursuant to section 208 of the federal Clean Water Act  and shall report to the joint committee on environment, natural resources and agriculture by March 1, 2015 on any statutory changes it deems necessary to fully implement said watershed permitting approach”.

Budget Amendment ID: FY2015-S4-256-R1

Redraft ENV 256

Locally-Based Wastewater Management Strategy

Mr. Wolf moved that the proposed new text be amended moved that the bill be amended by inserting, after section 34, the following new section:-

“SECTION __.

(A) M.G.L Chapter 29C Section 6 (ii)(3) is hereby deleted and replaced by:

(3) the applicant has a Comprehensive Wastewater Management Plan approved by the Department of Environmental Protection or the Department of Environmental Protection determines that the project is consistent with an areawide waste management plan approved under section 208 of the Federal Clean Water Act;

(B) M.G.L. Chapter 21 Section 27 (1) is hereby deleted and replaced by:

(1) Encourage or require the adoption and execution by cities and 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.

(C) M.G.L. Chapter 21 Section 27 (6) is hereby deleted and replaced by:

(6) Prescribe effluent limitations, permit programs and procedures applicable to the management and disposal of pollutants, including, where appropriate, prohibition of discharges. The director may adopt watershed-based permit programs and procedures for nitrogen sensitive areas designated by the director and for other nutrient impaired watersheds that are the subject of an area-wide management plan or plan update or a total maximum daily load that has been approved by the United States Environmental Protection Agency pursuant to the Federal Clean Water Act.

(D) M.G.L Chapter 21 Section 27(10) is hereby amended by adding the words “, watershed based” after the words “river basin”

(E) M.G.L Chapter 21 Section 42 is hereby amended by adding the words “twenty-seven or “ after the words “issued under this section”

(F) M.G.L Chapter 21 Section 43 (7) and (8)are hereby deleted and replaced by:

(7) Every permit shall specify effluent limitations, interim and final deadlines where appropriate for compliance, the term for which the permit is issued, which may not be in excess of twenty 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, including technical controls and other components of treatment works to be constructed or installed, and provisions for insuring payments of user charges, which 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.

(8) A permit for a discharge to publicly owned treatment works shall require any 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.

(G) M.G.L Chapter 21 Section 28 (b) is hereby deleted and replaced by:

(b) Within ninety days of receipt by any city council or town council of a proposal by the division, approved by the commission, or within ninety days of receipt by the municipality of an approval of an area-wide waste treatment management plan update under section 208 of the Federal Clean Water Act that includes one or more proposed water pollution abatement districts as the designated area-wide waste treatment management agency or agencies for such town or towns that a water pollution abatement district which includes such city be established, said city or town council shall consider said 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 said district in accordance with the provisions of chapter twenty-one of the General Laws?” Within ninety days of receipt by the selectmen of any town of a proposal by the division, approved by the commission, that a water pollution abatement district which includes such town or a part of such town be established, or within ninety days of receipt by the selectmen of any town of an approval of an area-wide waste treatment management plan update under section 208 of the Federal Clean Water Act that includes one or more proposed water pollution abatement districts as the designated area-wide waste treatment management agency or agencies for such town or towns, said selectmen shall cause to be presented for determination by vote, with printed ballots at an annual town meeting or a special town meeting called for the purpose, the question of approving said proposal, which question shall be in substantially the form set forth above. If the proposed district includes a part or parts of a town, the said selectmen or town council shall call a special meeting or for the purpose of approving the proposal at which only registered voters resident in that part or parts of the town proposed to be included in the district may vote. The warrant for such meeting posted in not less than two public places in said part or parts of the town at least seven days before the day of the meeting and the moderator of the town shall preside at such meeting and the town clerk shall keep the records thereof. Whenever within said ninety days each city and town or part thereof proposed for inclusion in said district shall have indicated its approval of the proposed district by vote in the affirmative on said question in the manner described in this subsection, the district shall be deemed to be established.

In the event that the city or town or designated parts thereof proposed by the division for inclusion in a district fails to vote in the affirmative on said question within the ninety day period, the director shall conduct a public hearing. Upon completion of said hearing, the director may, upon finding that the creation of said 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.

(H) M.G.L Chapter 21 Section 28 (c) is hereby amended by deleting paragraph 2 and replacing it with:

In the event that 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 said 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 such district.

(I)M.G.L Chapter 21 section 30 is hereby deleted and replaced by:

Section 30. A district commission (1) may act by a majority vote of the full commission, (2) shall adopt by-laws and regulations for the conduct of its affairs, (3) shall adopt a name and a corporate seal, (4) may sue and be sued, (5) may enter into contracts, (6) may incur expenses in order to carry out its purposes, (7) may issue bonds and notes as hereinafter provided, (8) may acquire, dispose of and encumber real and personal property for the purposes of the district, (9) may manage, control and supervise abatement facilities, (10) may construct, acquire, improve and maintain and operate abatement facilities, (11) may exercise the power of eminent domain under chapter seventy-nine, (12) shall provide revenue to carry out the purposes of the district, in accordance with sections thirty-five and thirty-six, (13) may apply for, accept and receive financial assistance from the federal government and from the commonwealth, and (14) 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 or systems of common sewers and main drains in public or private ways for a part or the whole of its territory as they adjudge necessary for the public convenience or the public health with such connections and other works as may be required for a system or systems of sewerage and drainage, stormwater treatment and disposal, and sewage treatment and disposal, including but not limited to the so-called 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 any wastewater treatment facility for treating, neutralizing or stabilizing sewage including treatment or disposal plants; the necessary intercepting, outfall and outlet sewers; pumping stations integral to such facilities; and equipment and appurtenances related to the foregoing, as well as the facilities or 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 the word “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, the word ‘stormwater’ shall mean surface runoff from precipitation.

A district commission may install and maintain, in any public or private way therein 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 said system or systems 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 seventy-nine, or acquire by purchase or otherwise, any lands, rights of way or easements, public or private, in said district, necessary for accomplishing any purpose mentioned in 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 of maintaining and repairing the same, and may do any other thing proper or necessary for the purpose of this section; provided that they shall not take in fee any land of a railroad corporation, and that they 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 they may agree upon with such corporation, or, in case of failure to agree, as may be approved by the department of telecommunications and energy. Any person injured in his property by such action may recover damages from such district under chapter seventy-nine.

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 or systems of sewers and drains. Members of such districts while in the performance of their duties under 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 any 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 twenty years.”

(J)  Section 13(b) of Chapter 716 of the Acts of 1989 is hereby amended by inserting at the end of said subsection the following:

“provided, however, that for any plan or project proposed by a public or quasi-public entity for managing wastewater, watersheds, water resources, or water quality, the commission may conduct the public hearing referred to in subsection (a) and issue the  decision referred to in subsection (e) jointly and/or prior to or concurrent with the issuance of a certificate by the secretary of energy and environmental affairs or a successor agency certifying compliance with said sections sixty-one to sixty-two H, inclusive, of chapter thirty of the General Laws, and provided further that, notwithstanding subsection (e), the commission may specify in its decision the period for which the development of regional impact is valid and effective and municipal development permits may be issued pursuant thereto, which period may be different than seven years.”

(K)  Section 13 of Chapter 716 of the Acts of 1989 is hereby amended by inserting at the end thereof the following new subsection:

“Section 13(l).  The commission and any public agency may enter into agreements to expedite permitting for nutrient remediation and other water quality improvement plans and projects. Notwithstanding the provisions of 12 and 13 of this act, the commission shall review developments of regional impact for managing wastewater, watersheds, water resources, or water quality for consistency with any approved area wide water quality management plan created at the direction of the governor of the commonwealth of Massachusetts pursuant to the U.S. Clean Water Act.”

Budget Amendment ID: FY2015-S4-257

ENV 257

Environmental Programs in Belmont

Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 2200-0100, moved that the bill be amended in section 2, in item 2200-0100 by inserting in the final line after the words “the General Laws” the following:- "; provided further, that not less than $50,000 shall be expended for environmental programs in the town of Belmont"

Budget Amendment ID: FY2015-S4-258

ENV 258

DCR Parks and Recreation

Messrs. Rush, Lewis, Donnelly, Downing, Eldridge and Michael O. Moore, Ms. Spilka, Ms. Forry, Mr. DiDomenico, Ms. O'Connor Ives, Ms. Chang-Diaz, Mr. Brownsberger, Ms. Creem, Messrs. Joyce and Ross moved that the proposed new text be amended in section 2, in item 2810-0100, moved that the bill be amended in section 2, in item 2810-0100, by striking out the figure “$41,625,332” and inserting in place thereof the following figure:- “$45,600,000”

Budget Amendment ID: FY2015-S4-259-R1

Redraft ENV 259

Fall River Heritage State Park

Mr. Rodrigues moved that the proposed new text be amended moved that the bill be amended by inserting, after section 83, the following section:-

“SECTION 83A. Chapter 530 of the acts of 1991 is hereby amended by striking out section 2 and inserting in place thereof the following section:-

SECTION 2. Said lease or leases shall be subject to such conditions and restrictions as may be deemed necessary and appropriate, and consistent with this act, by the commissioner of the division of capital asset management and maintenance in consultation with the department of conservation and recreation, and shall provide for fair and reasonable compensation from the city of Fall River.”

Budget Amendment ID: FY2015-S4-260

ENV 260

Algae Removal

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

Budget Amendment ID: FY2015-S4-261

ENV 261

Aquatic Nuisance Control

Mr. McGee moved that the proposed new text be amended in section 2, in item 2310-0200, moved that the bill be amended in section 2, in item 2310-0200, by adding at the end thereof the following:- “provided further, that no less than $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: FY2015-S4-262-R1

Redraft ENV 262

Agricultural Preservation Restriction Program

Messrs. Pacheco and Eldridge and Ms. O'Connor Ives moved that the proposed new text be amended moved that the bill be amended by striking out section 20 and inserting in place thereof the following section:-

“SECTION 20. Chapter 20 of the General Laws  is hereby amended by striking out sections 23 and 24, as so appearing, and inserting in place thereof the following 2 sections:-

Section 23. (a) The secretary of environmental affairs shall establish a program to assist the commonwealth in the acquisition of agricultural preservation restrictions as defined in section 31 of chapter 184, for land actively devoted to agricultural or horticultural uses pursuant to sections 1 to 5, inclusive, of chapter 61A. The commissioner of agricultural resources may, from funds appropriated to carry out this section or received from other sources, pay any agricultural land owner for a project submitted by a city or town and approved by the agricultural lands preservation committee established in section 24 such amount as is determined by the  committee to be equitable in consideration of anticipated benefits from such project but not to exceed the difference between the fair market value of the land and the fair market value of the land restricted for agricultural purposes pursuant to this section. Title to agricultural preservation restrictions shall be held in the name of the commonwealth; provided, however, that a city or town in which such land is located which provides assistance satisfactory to the committee including, but not limited to, providing funds or portions thereof toward the purchase of such restriction, providing legal services and the enforcement of the preservation restriction shall hold title to such land jointly with the commonwealth. Projects shall be administered by conservation commissions in cities and towns in which such commissions have been established or, in a city, by the city council or its delegated agency subject to the city charter, or, in a town, by the board of selectmen or its delegated agency. The commissioner, subject to the approval of the secretary, shall establish procedures for management of the program.

(b) Notwithstanding any general or special law to the contrary, the department of agricultural resources, with the approval of the co-holder, if any, in its sole discretion, may grant to any owner of land subject to an agricultural preservation restriction held by the commonwealth a nonassignable special permit allowing nonagricultural activities to occur on the agricultural preservation restriction land if: (i) the land is being actively utilized for full-time commercial agriculture; (ii) the permit is for a maximum of 5 years duration which may, at the discretion of the department, be renewed; and (iii) the grant of a special permit will not defeat or derogate from the intent and purposes of retaining the land for agricultural use and preserving the natural agricultural resources of the commonwealth and that the agricultural preservation restriction owner meets all requirements pertaining to special permits contained in the agricultural preservation restriction agreement form utilized by the commonwealth at the time of application for the special permit. In making the determination, the department shall consider the long-term productivity of the agricultural resource and the sustainability of the farm enterprise.

(c) Any applicant aggrieved by a decision of the department denying a request for a certificate of approval for agricultural activities or structures or a special permit authorized in subsection (b), may request an adjudicatory hearing under chapter 30A before the agricultural lands preservation committee. The determination of the department shall contain a notice of a right to request a hearing and may specify a time limit, not to exceed 21 days, within which the applicant may request a hearing before the committee under said chapter 30A. If a timely request is received, the committee shall, within a reasonable time, hold a hearing in compliance with said chapter 30A. The committee shall designate a hearing officer to preside over the hearing, to assemble an official record of the hearing and to render a written decision which shall be submitted to the committee. The committee shall make the final decision.

Section 24. (a) There shall be an agricultural lands preservation committee in the department of agricultural resources. The committee shall consist of the commissioner of agricultural resources, who shall be chairperson, the secretary of environmental affairs, the director of housing and community development, an appointee from the University of Massachusetts at Amherst Center for Agriculture, Food and the Environment, the chair of the board of agricultural resources or their respective designees, and 4 persons to be appointed by the governor, 2 of whom shall be owners and operators of farms within the commonwealth. Members appointed by the governor shall receive $50 for each day or portion of a day spent in the discharge of their official duties not to exceed $600 annually and shall be reimbursed for the necessary expenses incurred. The state conservationist of the United States Department of Agriculture Natural Resources Conservation Service shall serve as a nonvoting member.

(b) The committee shall evaluate and accept or reject projects submitted by municipalities. In so evaluating, the committee shall consider at a minimum the following:

(i) the suitability of land as to soil classification and other criteria for agricultural use;

(ii) the fair market value of the land and the fair market value of the land when used for agricultural purposes as determined by independent appraisals; and

(3) the degree to which the acquisition would serve to preserve the agricultural potential of the commonwealth.

(c) The commissioner of agricultural resources, subject to the approval of the committee, may establish such rules and regulations as may be deemed necessary to carry out this section. The committee may also provide advice to the commissioner on department policies.

(d) Each member of the committee appointed by the governor shall be appointed for a term of 4 years, and shall serve until the member’s successor is appointed and qualified.  A person appointed to fill a vacancy shall serve for the unexpired term of the member creating the vacancy. Members may be eligible for reappointment.”

Budget Amendment ID: FY2015-S4-263

ENV 263

Division of Ecological Restoration

Mr. Wolf, Ms. O'Connor Ives, Messrs. Eldridge, Pacheco and Joyce, Ms. Creem and Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 2300-0101, moved that the bill be amended in section 2, in item 2300-0101 by striking out the figure “$507,405” and inserting in place thereof the figure “$650,000”.

Budget Amendment ID: FY2015-S4-264

ENV 264

Lynn Brownfield Cleanup

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

Budget Amendment ID: FY2015-S4-265

ENV 265

Red Rock Park

Mr. McGee moved that the proposed new text be amended in section 2, in item 2810-0100, moved that the bill be amended in section 2, in item 2810-0100, by adding at the end thereof the following: “provided that no less than $30,000 shall be expended for the maintenance of Red Rock Park on Lynn Shore Drive, in the city of Lynn.”

Budget Amendment ID: FY2015-S4-266

ENV 266

Waterfowl Nuisance Management

Mr. McGee moved that the proposed new text be amended in section 2, in item 2310-0317, moved that the bill be amended in section 2, in item 2310-0317, by adding at the end thereof the following:- “provided further that no less than $5,000 shall be expended on waterfowl nuisance management for Flax Pond in the city of Lynn” and replacing at the end thereof the figure “$70,000”.

Budget Amendment ID: FY2015-S4-267

ENV 267

Parkway Lighting

Mr. McGee, Ms. Jehlen, Messrs. Pacheco and DiDomenico moved that the proposed new text be amended in section 2, in item 2820-2000, moved that the bill be amended in section 2, in item 2820-2000, by striking out the figure “$3,105,000” and inserting in place thereof the following figure “$3,150,000”.

Budget Amendment ID: FY2015-S4-268

ENV 268

Mass Environmental Trust

Messrs. McGee and Petruccelli, Ms. Forry and Mr. Keenan moved that the proposed new text be amended moved that the bill be amended by inserting, after section ____, the following new section:-

"Section XXX. Notwithstanding any special or general law to the contrary, not less than 33% of the funds awarded by the Mass Environmental Trust shall be appropriated to support public or non-public entities that provide free public events, youth environmental education programs, increased public education and community outreach about or new or ongoing scientific studies, analysis and reports on water quality on the metropolitan regions public beaches in Lynn, Nahant, Revere, Winthrop, East Boston, South Boston, Dorchester, Quincy and Hull, as well as free or low cost public access for youth and families to the beaches in the Boston Harbor Islands National Park".

Budget Amendment ID: FY2015-S4-269

ENV 269

WATER QUALITY MONITORING

Messrs. Barrett and Eldridge and Ms. Spilka moved that the proposed new text be amended in section 2, in item 2200-0100, moved that the bill be amended in section 2, in item 2200-0100, by inserting at the end thereof the following words:- "provided that $25,000 shall be expended for the purpose of entering into agreement with a not for profit organization to operate a water quality monitoring program in the Sudbury, Assabet and Concord Rivers"; and in said item, by striking out the figure "$28,498,667" and inserting in the place thereof the following figure:- "$28,523,667"

Budget Amendment ID: FY2015-S4-270-R1

Redraft ENV 270

Metropolitan Beaches Commission

Mr. McGee, Ms. Forry, Messrs. Petruccelli and Keenan moved that the proposed new text be amended move that the bill be amended by inserting after section 4 the following section:-

“SECTION 4A. Said chapter 3 is hereby further amended by adding the following section:-

Section 70.  There shall be a permanent commission on the future of the metropolitan beaches to consist of 3 members of the senate, 1 of whom shall serve as co-chair of the commission and 1 of whom shall be the minority leader or the minority leader’s designee; 3 members of the house of representatives, 1 of whom shall serve as co-chair of the commission and 1 of shall be the minority leader or the minority leader’s designee; 1 member to be appointed by the secretary of  environmental affairs or the secretary's designee; 1 member to be appointed by the commissioner of conservation and recreation or the commissioner's designee; 2 members to be appointed by the mayor of the city of Boston who shall be from the East Boston section of the city of Boston, the Dorchester section of the city of Boston or the South Boston section of the city of Boston; 6 members to be appointed by the chief executives or board of selectmen from the cities and towns of Hull, Nahant, Quincy, Revere, Lynn and Winthrop; 1 member to be appointed by the Boston Foundation; 1 member to appointed by the Greater Boston Chamber of Commerce; and 1 member to be appointed by the Boston University School of Public Management. The commission shall be under the jurisdiction of the department of conservation and recreation. The commission shall conduct an annual review of the state of metropolitan beaches which shall include a comprehensive study examining the existing maintenance, operational and infrastructure needs for those beaches including, but not limited to, any security and capital-intensive repairs necessary to ensure future recreational use of those beaches. The commission shall also examine best management practices and funding alternatives for each beach, including, but not limited to, public-private partnerships, non-profit entities or other financial means that shall ensure access, quality recreational activities, programming, and improved water quality and beautification efforts at any of those beaches. Said commission shall also analyze and make recommendations on alternatives and methods to improve access from metropolitan beaches to the Boston harbor islands.

For the purposes of this section, the beaches shall include, but not be limited to: Malibu beach, Constitution beach, Carson beach, City Point beach, M Street beach, Pleasure Bay, Savin Hill beach and Tenean beach in the city of Boston; Nantasket beach in the town of Hull; Nahant beach in the town of Nahant; Winthrop beach in the town of Winthrop; Wollaston beach, Pleasure Bay and Squantum Point park in the city of Quincy; Revere beach and Short beach in the city of Revere; and Red Rock park and Lynn beach in the city of Lynn.

The commission shall hold annual hearings within close proximity to Boston harbor beaches to solicit testimony from interested stakeholders including but not limited to: the executive office of environmental affairs, the department of conservation and recreation, the Massachusetts Water Resources Authority, the Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the Boston Harbor Association, the Boston Harbor Island Alliance, Save The Harbor,Save The Bay, local municipalities, non-profit organizations, friends' groups and business and community leaders.

The commission shall submit a report containing its recommendations by filing the same with the clerks of the senate and house of representatives and the chairs of the joint committee on the environment, natural resources and agriculture annually, on or before June 1."

Budget Amendment ID: FY2015-S4-271

ENV 271

Metropolitan Beaches Matching Grants

Mr. McGee, Ms. Forry, Messrs. Petruccelli and Keenan moved that the proposed new text be amended in section 2, in item 2810-2041, moved that the bill be amended in section 2, in item 2810-2041, in line 24, by inserting after the word "into" the following:- "and (g) 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.”

Budget Amendment ID: FY2015-S4-272-R1

Redraft ENV 272

Ventless Lobster Trap

Messrs. Tarr, Hedlund and Rodrigues moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2 by inserting after item 2330-0150 the following item:

"2330-xxxx For conducting surveys to monitor and forecast an abundance of commercially-important invertebrate species in commonwealth waters, including a ventless lobster trap employing the services of contracted commercial lobster fishing vessels in the commonwealth; provided, that the division of marine fisheries may expend not more than $250,000 from revenue collected from fees generated by the sale of lobster permits;  provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division 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 … $250,000"; and

by inserting after section 122 the following section:-

"SECTION 122A. The division of marine fisheries shall implement a new fee schedule in fiscal year 2015 for invertebrate species to fund the ventless lobster trap survey program."

Budget Amendment ID: FY2015-S4-273

ENV 273

Metropolitan Beaches Operations

Mr. McGee, Ms. Forry, Messrs. Petruccelli and Keenan moved that the proposed new text be amended in section 2, in item 2810-0100, moved that the bill be amended in section 2, in item 2810-0100, in line 8, by inserting after "2014" the following:- "and (iv) to maintain and operate the Metropolitan Beaches in Lynn, Nahant, Revere, Winthrop, East Boston, South Boston, Dorchester, Quincy and Hull”; and in said item by striking out the figure "$41,625,332" and inserting in place thereof the figure "$44,525,332".

Budget Amendment ID: FY2015-S4-274

ENV 274

Cochituate Headhouse

Mr. Ross moved that the proposed new text be amended moved that the bill be amended by inserting at the end thereof the following new section:-

“SECTION XX. Section 44 of chapter 85 of the acts of 1994, as amended by section 50 of chapter 15 of the acts of 1996, as amended by section 19 of chapter 236 of the acts of 2002, as amended by section 76 of chapter 182 of the acts of 2008, as amended by section 22 of chapter 302 of the acts of 2008, as amended by section 14 of chapter 312 of the acts of 2008, as amended by sections 1 and 2 of chapter 164 of the acts of 2009, and as amended by sections 1 and 2 of chapter 67 of the acts of 2011, is hereby further amended by inserting after the words “Stress House 1 at Neponset River Reservation” the following words:- Cochituate Headhouse at Lake Cochituate in Wayland.”

Budget Amendment ID: FY2015-S4-275

ENV 275

Metropolitan Beaches Staffing

Mr. McGee, Ms. Forry and Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 2800-0501, moved that the bill be amended in section 2, in item 2800-0501, in line 6, by inserting after the word "maintained" the following:- "provided further that the Metropolitan Beaches shall be fully maintained and seasonally staffed as recommended by the Metropolitan Beaches Commission in coordination with DCR"; and in said item, by striking out the figure "$14,080,812" and inserting in place thereof the figure:- "$14,680,812".

Budget Amendment ID: FY2015-S4-277

ENV 277

Recycling and solid waste master plan

Ms. Creem, Messrs. Lewis, Pacheco, Barrett, Brownsberger and Rush moved that the proposed new text be amended in section 2, in item 2200-0107, moved that the bill be amended in section 2, in item 2200-0107, by adding at the end thereof the following new words:-  "provided, that funds may be expended for a recycling industries reimbursement program pursuant to section 241 of chapter 43 of the acts of 1997"; and in said item, by striking out the figures "$375,000" and inserting in place thereof the figures "$1,459,987"

Budget Amendment ID: FY2015-S4-278

ENV 278

Mystic River Master Plan

Ms. Jehlen, Messrs. Lewis, Brownsberger, Donnelly and DiDomenico moved that the proposed new text be amended in section 2, in item 2810-0100, moved that the bill be amended in section 2, in item 2810-0100, by inserting at the end thereof the following:-

“and provided further, that not less than $250,000 shall be expended for the purpose of finalizing the designs and obtaining permits necessary for implementation of the Mystic River Master Plan”;

and by striking the figure “$41,625,332” and inserting in the place thereof the figure:-

“$41,875,332”.

Budget Amendment ID: FY2015-S4-279

ENV 279

DCR Parks Operation

Ms. Jehlen, Messrs. Pacheco, DiDomenico and Joyce moved that the proposed new text be amended in section 2, in item 2810-0100, moved that the bill be amended in section 2, in item 2810-0100, by striking out the figure “$41,625,332” and inserting in place thereof the following figure:-

“$41,773,966”.

Budget Amendment ID: FY2015-S4-280-R1

Redraft ENV 280

Mystic River Aquatic Invasive Species Control

Ms. Jehlen moved that the proposed new text be amended in section 2, in item 2810-0100, moved that the bill be amended in section 2, in item 2810-0100, by adding the following words:- “; provided further, that not less than $150,000 shall be expended to Plymouth county for the management and cleanup of pond algae and invasive vegetation; provided further, that not less than $50,000 shall be expended to the town of Pembroke for the management and cleanup of invasive pond vegetation; and provided further, that not less than $250,000 shall be expended to finalize the designs and obtain the permits necessary for implementation of the Mystic River Master plan, including aquatic invasive species control on the Mystic River”; and

in said section 2, in said item 2810-0100, by striking out the figure “41,625,332” and inserting in the place thereof the following figure:- “42,075,332”.

Budget Amendment ID: FY2015-S4-281-R1

Redraft ENV 281

DCR Stormwater Management

Messrs. Eldridge, Joyce and Pacheco moved that the proposed new text be amended in section 2, in item 2800-0401, moved that the bill be amended in section 2, in item 2800-0401 by striking out the figures "$409,385" and inserting in place thereof the figures "$509,385.”

Budget Amendment ID: FY2015-S4-282

ENV 282

Department of Environmental Protection Administration

Messrs. Eldridge, Wolf, Lewis, Michael O. Moore, Joyce, Pacheco and Barrett and Ms. Creem moved that the proposed new text be amended in section 2, in item 2200-0100, moved that the bill be amended in section 2, in item 2200-0100 by striking out the figures “28,498,667” and inserting in place thereof the figures "33,696,000".

Budget Amendment ID: FY2015-S4-283-R1

Redraft ENV 283

Wilmington Childhood Cancer Study

Mr. Tarr moved that the proposed new text be amended in section 2, in item 4510-0600, <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended in section 2, in item 4510-0600, by inserting at the end thereof the following:- “and provided further, that the department shall use funds to respond in a timely manner to external peer review comments on their comprehensive study of the exposure routes and patterns of contaminants in the Maple Meadowbrook Aquifer migrating to and affecting the Wilmington drinking water supply and any connection with the incidence of childhood cancer in the town of Wilmington.”

Budget Amendment ID: FY2015-S4-284

ENV 284

Flood Insurance Discounts

Messrs. Hedlund, Lewis, Michael O. Moore, Keenan and Wolf, Ms. Donoghue, Messrs. Tarr, Ross and Humason moved that the proposed new text be amended in section 2, in item XXXX-XXXX, moved that the bill be amended in section 2, For the implementation or expansion of a grant program to provide financial assistance to municipalities for costs associated with participation in the Community Rating System (CRS) program for the National Flood Insurance Program (NFIP); provided that funding secured through this grant be limited to those floodplain management activities recognized by the Federal Emergency Management Agency (FEMA) as measures resulting in credit points toward premium discounts for policy holders, including but not limited to public information, mapping and regulations, flood damage reduction and flood preparedness………$150,000

Budget Amendment ID: FY2015-S4-285

ENV 285

State Climatologist

Mr. Joyce moved that the proposed new text be amended moved that the bill be amended Mr. Joyce moves to amend the bill, in section 22, by inserting after the word “Interior”, in line 381, the following:- and with the Blue Hills Observatory located in the town of Milton.

Budget Amendment ID: FY2015-S4-286

ENV 286

Restricted Use Pesticides

Mr. Kennedy moved that the proposed new text be amended moved that the bill be amended by inserting at the end thereof the following new section :-

"SECTION__.  The fifth paragraph of Section 7 of Chapter 132B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding at the end thereof the following new sentence:-

Said subcommittee shall classify restricted use pesticides in a manner that is consistent with the federal classification unless evidence is shown to prove the pesticide will cause unreasonable adverse affects on the environment."

Budget Amendment ID: FY2015-S4-288

ENV 288

State Climatologist

Messrs. Eldridge and Rosenberg moved that the proposed new text be amended in section 2, in item 2000-1207, moved that the bill be amended in section 2, in item 2000-1207 by striking out item 2000-1207 and inserting in place thereof the following item:-

“2000-1207 For the office of the state climatologist; provided, that not later than September 30, 2014, the office shall report to the executive office of energy and environmental affairs, the chancellor at the University of Massachusetts, the executive office for administration and finance and the house and senate committees on ways and means detailing the planned activities of the office in fiscal year 2015……………..$200,000

; and by striking out section 22 and inserting in place thereof the following section:-

“SECTION 22. Said chapter 21A is hereby further amended by adding the following section:-

Section 24. There shall be within the executive office of energy and environmental affairs an office of the state climatologist, which shall be under the supervision and control of a state climatologist to be appointed by the secretary of energy and environmental affairs and the chancellor of the University of Massachusetts at Amherst.  The office of the state climatologist shall be housed at the University of Massachusetts Amherst and shall: (i) gather and archive data on climate conditions in the commonwealth; (ii) conduct and foster research concerning the climate in the commonwealth and look for opportunities for sponsored research concerning climate issues in the commonwealth; (iii) coordinate with the Northeast Regional Climate Science Center housed at the University of Massachusetts at Amherst by the United States Department of the Interior; and (iv) educate and inform citizens on matters related to climate.  The office of the state climatologist shall advise all other branches of state and local government concerning the climate in the commonwealth and its implications for both economic and scientific needs in conjunction with existing and future environmental factors relating to the climate in the commonwealth.  The office of the state climatologist shall maintain a liaison with federal and other state and academic institutions and join federal and international climate interest groups.  The state climatologist shall serve for a term of 5 years, but may be reappointed.  The office of the state climatologist shall be funded by the executive office.”

Budget Amendment ID: FY2015-S4-289-R1

Redraft ENV 289

WIC programs

Messrs. Wolf and McGee moved that the proposed new text be amended in section 2, in item 2511-0100, moved that the bill be amended in section 2, in item 2511-0100, by striking the figure “$5,001,426” and inserting in place thereof the following figure:- “$5,249,322”

Budget Amendment ID: FY2015-S4-290

ENV 290

Patrol of DCR Beaches & Pools

Ms. Forry moved that the proposed new text be amended in section 2, in item 8100-1001, moved that the bill be amended in section 2, in item 8100-1001 in line 12, by inserting after “properties and parkways” the following: “provided that $200,000 shall be expended for dedicated patrols at the Department of Conservation and Recreation beaches and pools”; and in said item by striking out the figures “$264,039,069” and inserting in place thereof the figures “$264,239,069”.

Budget Amendment ID: FY2015-S4-292-R1

Redraft ENV 292

Wallum Lake

Mr. Richard T. Moore moved that the proposed new text be amended in section 2, in item 2810-0100, moved that the bill be amended in section 2, in item 2810-0100, by adding the following words:- "; and provided further, that not less than $22,500 shall be expended for additional police patrols at Wallum Lake in the town of Douglas"; and in said section 2, in said item 2810-0100, by striking out the figure “$41,625,332” and inserting in place thereof the following figure:- “$41,647,832”.

Budget Amendment ID: FY2015-S4-293

ENV 293

Pesticide Classification and Assessment

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

“SECTION__. Notwithstanding any general or special law to the contrary, neither the department of agricultural resources, the Pesticide Board, nor subcommittee thereof shall classify any category of pesticide or pesticide use pattern as  restricted use without  conducting and publishing a  report which  investigates all rationale for the proposed restrictions  which shall include but not be limited to  assessment of actions by the EPA, other states,  and detailed assessment of related violations of the Massachusetts Pesticide Control Act and the regulations 333 CMR 10.00 and will publish a report of all allegations and a ruling on each incidence and whether the perpetrator was licensed or unlicensed no later than the third Wednesday in January annually.  The department shall not promulgate any regulations relative to 333 CMR 10.00 prior to the completion of said investigation. Further, assessments shall be conducted every 5 years for those categories of pesticides use which have been restricted to account for changes in products and practices. Those categories of pesticides and use patterns currently restricted shall be reassessed no later than January 1, 2015.”

Budget Amendment ID: FY2015-S4-294

ENV 294

Lake Chargoggagoggmanchauggagoggchaubunagungamaugg

Mr. Richard T. Moore moved that the proposed new text be amended in section 2, in item 2200-0100, moved that the bill be amended in section 2, in item 2200-0100, by adding at the end thereof the following:- "; provided further, that not less than $40,000 shall be expended for a matching grant for sediment control and other enhancements to Lake Chargoggagoggmanchauggagoggchaubunagungamaugg in the town of Webster; provided further, that said matching grant may be provided through the municipality by local appropriation or through donations from nonprofit organizations or individual, corporate or foundation gifts;"; and in said item by striking the figures "$28,498,667" and inserting in place thereof the figures "$28,538,667".

Budget Amendment ID: FY2015-S4-295-R3

3rd Redraft ENV 295

MWRA Entrance Fees

Mr. Joyce moved that the proposed new text be amended moved that the bill be amended by inserting at the end thereof the following:-

SECTION __. Chapter 21 of the General Laws is hereby amended by inserting after section 31 the following section:-

Section 31A. The department of environmental protection shall administer a matching grant program for communities who desire to join the Massachusetts Water Resources Authority system for drinking water. Each grant shall match, on a 1:1 basis, money committed by a local government unit or a regional local governmental unit, as defined in section 1 of chapter 29C, to pay the entry fee established by the Massachusetts Water Resources Authority under section 8 of chapter 372 of the acts of 1984. The department shall award grants only to a local governmental unit or regional local governmental unit that satisfies the department that it has committed funds to join said Authority. Should the local governmental unit or regional local governmental unit fail to join said Authority after receiving a grant under this section, the local governmental unit or regional local governmental unit shall return money granted under this section to the department.

SECTION __. The department of environmental protection shall promulgate regulations for additional financial assistance including, but not limited to, principal forgiveness, for the cost to connect to the Massachusetts Water Resources Authority system for drinking water.

SECTION __. The Massachusetts Water Resources Authority shall accept a 25 year interest free payment of the entry fee established by the Massachusetts Water Resources Authority under section 8 of chapter 372 of the acts of 1984 for any local governmental unit or regional local governmental unit that joins the Massachusetts Water Resources Authority system for drinking water prior to January 1, 2020.