Consolidated Amendment "C" to H4200

Energy and Environmental Affairs

Fiscal Note: $5,468,000

 

Amendments from Energy and Environmental Affairs:  8, 19, 32, 40, 41, 43, 76, 78, 93, 94, 111, 115, 133, 154, 156, 172, 174, 175, 178, 179, 184, 188, 194, 206, 215, 221, 231, 243, 244, 282, 312, 341, 347, 349, 367, 369, 371, 380, 420, 425, 426, 434, 447, 464, 468, 475, 480, 483, 511, 512, 544, 554, 564, 570, 574, 577, 583, 587, 590, 593, 624, 635, 641, 681, 694, 701, 706, 708, 709, 720, 726, 737, 738, 746, 763, 770, 774, 797, 826, 852, 862, 863, 872, 874, 882, 897, 905, 908, 916, 932, 935, 952, 953, 973, 988, 997, 1009, 1019, 1025, 1038, 1040, 1060, 1066, 1070, 1084, 1086, 1088, 1092, 1093, 1095, 1105, 1110, 1111, 1121, 1122, 1131, 1133, 1135, 1136, 1140, 1147, 1160, 1174, 1211, 1220, 1242, 1255, 1257, 1259, 1264, 1289, 1300

 

Mr. Dempsey of Haverhill and others move to amend H.4200 in section 2, in item 2000-0100, by inserting after the words “General Laws” the following words:- ; provided, that not less than $100,000 shall be expended for the Swansea Beach revitalization project; provided further, that not less than $50,000 shall be expended for energy conservation projects for school and town buildings in Belmont;

 

And further amend said item by striking out the figure “$7,768,750” and inserting in place thereof the following figure:- $7,918,750;

 

And further to amend the bill in section 2, by inserting after item 2000-0100 the following item:

“2000-0101  For the executive office of energy and environmental affairs to coordinate and implement strategies for climate adaptation and preparedness, including but not limited to the resiliency of the commonwealth’s transportation, energy, and public health infrastructures; built environments; municipal assistance; improved data collection and analysis and enhanced planning: provided, that the executive office enter into interagency service agreements to facilitate and accomplish these efforts….$150,000”.

 

And further amend said section 2, in item 2200-0100, by inserting at the end thereof the following words:- ; and, provided further, that $125,000 shall be expended for the Buzzards Bay Coalition for coastal water quality monitoring in Buzzards Bay and Vineyard Sound;

 

And further amend said item by striking out the figure “$25,052,967” and inserting in place thereof the following figure:- $25,177,967;

 

And further amend said section 2, in item 2210-0106, by inserting after the words “requirements of said chapter 21l” the following words:- ; provided further, that not less than $1,629,860 from this item shall be made available for the operation of the toxics use reduction institute program at the University of Massachusetts at Lowell; provided further, that the department shall enter into an interagency service agreement with the University of Massachusetts to make such funding available for this purpose; provided further, that not less than $644,096 from this item shall be made available for toxics use reduction technical assistance and technology in accordance with said chapter 21I; provided further, that the department shall enter into an interagency service agreement with the executive office for energy and environmental affairs to make such funding available for this purpose;

 

And further amend said section 2, in item 2250-2010, by inserting after the words “safe drinking water” the following words:- ; provided, that not less than $35,000 shall be expended for the pipe cleaning program in Webster

 

And further amend said section 2, in item 2250-2010, by striking out the figure “$500,000” and inserting in place thereof the following figure:- $535,000;

 

And further amend said section 2, in item 2300-0101, by inserting at the end thereof the following words:- ; provided further, that not less than $50,000 shall be expended to restore the Aberjona Riverbank in Winchester; and provided, that not less than $25,000 shall be expended to develop a recreation management plan for the Franklin, Medway, and Bellingham Army Corps of Engineers flood plain and wildlife habitat;

 

And further amend said section 2, in item 2300-0101, by striking out the figure “$503,889” and inserting in place thereof the following figure:- $578,889;

 

And further amend said section 2, in item 2310-0300, by inserting after the words “species program” the following words:- ; provided, that not less than $100,000 shall be expended for the purpose of implementing the statewide habitat conservation plan to increase recreational opportunities and shorebird conservation on the Commonwealth’s beaches;

 

And further amend said section 2, in item 2310-0300, by striking out the figure “$150,000” and inserting in place thereof the following figure:- $250,000;

 

And further amend said section 2, in item 2330-0100, by inserting after the words “sustainable fisheries” the following words:- ; provided further, that not less than $50,000 shall be expended for programs at the Fishing Academy, Inc., for young people in greater Boston; provided further, that not less than $450,000 shall be expended for a program of collaborative research by the Division of Marine Fisheries through the Marine Fisheries Institute, in collaboration with the School for Marine Science and Technology at the University of Massachusetts Dartmouth, that applies innovative technology to assess the biomass of fish, in the region managed by the New England Fishery Management Council; provided further, that not less than $175,000 shall be expended for shellfish propagation in Barnstable, Dukes and Nantucket counties to be administered jointly by the director of marine fisheries and counties; provided further, not less than $25,000 shall be expended for a sediment aeration pilot project in the town of Falmouth; provided further,  that not less than $50,000 shall be provided for a Great Marsh green crab trapping program;

 

And further amend said item by striking out the figure “$5,601,004” and inserting in place thereof the following figure: - $6,326,004;

 

And further amend said section 2, in item 2511-0100, by inserting at the end thereof the following words:- ; provided, that not less than $50,000 shall be expended for the establishment and administration of a City Fruit Initiative within the New Bedford region to help tree owners grow healthy fruit, provide assistance in harvesting and preserving fruit, promote the sharing of extra fruit and work to protect urban fruit trees; provided further, that not less than $300,000 shall be expended to enhance the buy local effort in western, central, northeastern and southern Massachusetts; and provided further, that not less than $90,000 shall be expended for the apiary inspection program; and provided further, that not less than $200,000 shall be expended for the cost of all products, equipment, and labor associated with the eradication of the arbovirus, as well as the cost of any other type of pesticide or agent, in order to prevent the spread of eastern equine encephalitis and west nile virus in Bristol and Plymouth counties;

 

And further amend said item by striking out the figure “$5,089,746” and inserting in place thereof the following figure:- $5,729,746;

 

And further amend said section 2, in item 2511-0105, by inserting after the words “appropriation in this item” the following words:- ; provided, that not less than $25,000 shall be expended for Food for the World Inc.; provided further, that not less than $110,000 shall be expended for the operation of the city of Cambridge’s Weekend Backpack Project for Food Assistance;  and provided further, that not less than $30,000 shall be expended to the Spanish American Center in the city of Leominster for the purpose of purchasing a delivery truck to transport hot and cold meals;

 

And further amend said item by striking out the figure “$17,000,000” and inserting in place thereof the following figure: - $17,665,000;

 

And further amend said section 2, in item 2800-0401, by inserting after the words “state regulatory requirements;” the following words:- provided further, that not less than $50,000 shall be expended for the purpose of sampling and testing of storm water systems in Belmont;

 

And further amend said item by striking out the figure “$415,854” and inserting in place thereof the following figure:- $465,854;

 

And further amend said section 2, in item 2800-0500, by inserting at the end thereof the following words:- ; provided, that not less than $900,000 shall be expended for the Metropolitan Beaches in Lynn, Nahant, Revere, Winthrop, East Boston, South Boston, Dorchester, Quincy and Hull to be fully maintained and seasonally staffed as recommended by the Metropolitan Beaches Commission in coordination with the Department of Conservation and Recreation; provided further that not less than $50,000 shall be expended for Save the Harbor/Save the Bay’s staff time, consultants and direct expenses to support the ongoing work of the Metropolitan Beaches Commission; provided further that not less than $50,000 shall be expended to address the cleanup of Pilayella algae in Lynn, Nahant and Revere, and provide further that not less than $250,000 shall be expended for matching grants to public and nonpublic entities to support free public events and programs on the metropolitan beaches as part of Save the Harbor/Save the Bay’s Better Beaches Grants Program as recommended by the Metropolitan Beaches Commission;

 

And further amend said item by striking out the figure “$1,000,000” and inserting in place thereof the following figure:- $1,550,000;

 

And further amend said section 2, in item 2800-0501, by inserting after the words “not later than April 30;” the following words:- provided further,  that that less than $50,000 be expended for the continued maintenance of chemical treatments, dredging, and water chestnut removal at Coes Pond and Representative John J. Binienda Memorial Beach in Worcester;

 

And further amend said item by striking out the figure “$15,261,436” and inserting in place thereof the following figure:-$15,311,436;

 

And further amend said section 2, in item 2800-0700, by inserting after the words “public safety” the following words:- ; provided further, that not less than $25,000 shall be expended for dam inspections and repairs at Breed and Walden ponds in Lynn;

 

And further amend said item by striking out the figure “$423,295” and inserting in place thereof the following figure:- $448,295;

 

And further amend said section 2, in item 2810-0100, by inserting after the words “entities from this item” the following:-; provided further, that not less than $40,000 shall be expended for sediment core testing for contamination in the Ellis pond in Norwood; provided further, that not less than $25,000 shall be expended for a water treatment study in Peabody; provided further, that not less than $10,000 shall be expended for the management and cleanup of invasive pond vegetation at floating bridge pond in Lynn; provided further, that not less than $100,000 shall be expended on the replacement of the cast iron fence on the median of the Carroll Parkway in Lynn; provided further, that not less than $20,000 shall be expended on funding playground repairs and upgrades at Shields Park located in Milton; provided further, that not less than $20,000 shall be allocated for water testing and management for Wampatuck Pond in Hanson;  provided further, that $35,000 shall be expended for the development, improvement and landscaping of the Veterans Road Playground in Dedham; provided further, that not less than $50,000 shall be expended for the installation of a transient dockage at the Fall River boathouse at Heritage State Park for recreational boating; provided further,  that not less than $250,000 shall be expended for a new veterans park in the city of Lowell; provided further, that not less than $75,000 shall be expended for the maintenance and restoration of Cutler Park Reservation in Needham; provided further, that not less than $100,000 shall be expended for the long term care and maintenance of Whitman’s Pond in Weymouth; provided further, that not less than $50,000 shall be expended for the cleanup of Pilayella algae on Kings Beach and Long Beach in Lynn; provided further, that not less than $55,000 shall be expended for the maintenance of Red Rock Park in Lynn; provided further, that not less than $50,000 shall be expended for the construction and improvement of the Hancock Playground in the city of Brockton; provided further, that not less than $20,000 shall be expended for the construction and improvement of the Ali Hamilton Memorial Park in Easton; provided further, that not less than $75,000 shall be expended for an air study at the Concord playing field between Route 126 and Crosby's Corner in Concord; provided further, that not less than $50,000 shall be expended to the town of Concord for erosion mitigation for White Pond; provided further, that not less than $50,000 shall be expended for park improvements in Natick; provided further, that not less than $100,000 shall be expended for repairs to the carriage house at Lynch Park in Beverly; provided further, that not less than $35,000 shall be granted to the city of Brockton's Parks Commission to renovate McKinley Playground; provided further, that not less than $25,000 shall be expended for a feasibility study for the construction of a youth center in the city of Leominster; provided further, that no less than $43,000 shall be provided to the town of Lancaster for handicap accessibility under the Americans with Disabilities Act regulations at the Town Beach; provided further, that not less than $50,000 shall be provided for an accessible trail system including connecting to the DCR's Rail Trail System as well as handicap nature trails in Berlin; provided further, that not less than $350,000 shall be expended for the purposes of aquatic invasive species control; provided further, that not less than $10,000 shall be expended on the Methuen School District’s rowing program; provided further, that no less than $175,000 shall be expended for the purpose of tree re-planting in Worcester; provided further, that not less than $75,000 shall be expended for the Let's Row Boston program administered by Community Rowing, Inc. in Boston; provided further, that not less than $45,000 shall be expended for the treatment and preservation of Indian lake in Worcester; provided further that no less than $50,000 shall be expended for design and construction improvements to Monument Park honoring veterans in the Arlington;  provided further,  that not less than $50,000 shall be expended for improvements to the Head Town Landing in Westport; provided further, that not less than $20,000 shall be expended for the purposes of aquatic invasive species control in lake Attitash in the town of Merrimac and the city of Amesbury; provided further, that not less than $25,000 shall be expended for the maintenance of lake Singletary in Sutton and Millbury;

 

And further amend said item by striking out the figure “$37,408,430” and inserting in place thereof the following figure:- $39,536,430;

 

And move to further amend the bill by inserting after section 32 the following section:-

 

SECTION 32A. (a) There shall be a farmland protection and farm viability advisory commission. The commission shall consist of the following members or their designees: the commissioner of the department of agricultural resources, who shall serve as chair, the house and senate chairs of the joint committee on environment, natural resources and agriculture; 1 member appointed by the minority leader of the senate; 1 member appointed by the minority leader of the house of representatives; and 8 members appointed by the Governor, 1 of whom shall be a member of the board of food and agriculture, 1 of whom shall be a representative of the University of Massachusetts Agricultural Extension Program; 1 of whom shall be representative of the Massachusetts Farm Bureau Federation; 1 of whom shall be a representative of The Trustees of Reservations; 1 of whom shall be a representative of American Farmland Trust; 1 of whom shall be a farmer, 1 of whom shall be a representative of a urban agriculture organization, and 1 of whom shall be a representative of a farmland access organization.

(b) The secretary of energy and environmental affairs, in consultation with the farmland protection and farm viability advisory commission, shall develop a farmland action plan that sets forth the commonwealth’s goals, priorities, and actions for farmland protection and access. The plan shall include: (i) an inventory of state-owned land in active agricultural production or potentially suitable for farming; (ii) a review of state agency policies related to the use or lease of land for farming and recommendations related to state policies around the use and lease of state-owned land for farming; (iii) recommended statutory, regulatory, or policy revisions to the Agricultural Preservation Restriction (APR) program to support the long-term economic viability of protected farms, address housing needs, and ensure the program is managed in a transparent and consistent manner and that its policies keep pace with changes in agriculture and associated markets; (iv) an analysis of recent trends and potential threats related to farmland loss and conversion; (v) an analysis of farmland enrolled in chapter 61A of the General Laws and recommendations for improving enrollment of farmland in the program; (vi) measurable statewide goals and benchmarks related to farmland conversion, farmland protection, and farmland access, and recommendations for state policy changes and program funding levels to meet these goals and benchmarks as well as recommendations to improve state data collection around farmland trends and to establish a system for tracking acres of farmland in production over time.

(c) The commission shall meet at least quarterly and shall advise and make recommendations to the secretary of energy and environmental affairs for the proper management and development of the plan.  The executive office of energy and environmental affairs and the department of agricultural resources shall provide technical support to the commission.  Upon completion, the farmland action plan shall be filed with the clerks of the house of representatives and senate.

SECTION 32B. There shall be a task force to examine and make recommendations relative to water supply shortages and the use of water withdrawal permits pursuant to chapter 21G of the General Laws. The task force shall review existing permits, permit conditions imposed, status of affected bodies of water, population changes of impacted areas, and any other factor deemed relevant. The task force shall consider and make recommendations for ways to mitigate adverse consequences on above ground bodies of fresh water.

Said task force shall consist of the following 7 members or their designees: the commissioner of environmental protection, who shall serve as chair; the secretary of energy and environmental affairs; 2 members of the house of representatives, 1 of whom shall be appointed by the speaker and one of whom shall be appointed by house minority leader; 2 members of the senate, 1 of whom shall be appointed by the senate president and one of whom shall be appointed by the senate minority leader; and the executive director of the Massachusetts municipal association, or their designee. The task force shall: (i) meet with affected stakeholders; (ii) consult and collaborate with nongovernmental organizations that have expertise that may benefit the task force; and (iii) conduct at least 1 public hearing.

The task force shall annually submit on or before March 1, their findings along with any recommendations to the governor, the clerks of the house and senate, and the joint committee on environment, natural resources and agriculture.