Amendment #1 to H.4438

FILED ON: 6/1/2018

HOUSE . . . . . . . . . . . . . . . No. 4558

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

An Act promoting climate change adaptation, environmental and natural resource protection, and investment in recreational assets and opportunity.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide for climate change adaptation and the immediate preservation and improvement of the environmental and energy assets of the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. To provide for a program of climate change adaptation, and the preservation and improvement of the environmental and energy assets of the commonwealth, the sums set forth in this act, for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the provisions of law regulating the disbursement of public funds, which sums shall be in addition to any other amounts previously made available for these purposes; provided, that the amounts specified for a particular project may be adjusted in order to facilitate projects authorized in this act.

SECTION 2.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary.

1100-3000.For a program to provide grants and low interest loans to owners or operators of a dispensing facility, as defined in section 1 of chapter 21J, that retails gasoline and other petroleum products, for the purpose to replace and modernize existing single walled underground petroleum storage tank equipment and related leak detection equipment, and to reduce the risk of pollution from potential leakage; provided that program grants and loans shall be made available for costs, to include without limitation, engineering, tank removal, construction and infrastructure replacement, to install double walled underground petroleum storage tank equipment and related leak detection equipment; provided further, that the installation of such underground storage tank and leak inspection equipment funded under the program, shall comply with any applicable law and regulation of the commonwealth, and the federal government; provided further, that such program grants and loans shall be made available only to small business owners or operators of any eligible dispensing facility not located on land owned by the commonwealth; provided further, that priority for providing grants and loans under the program shall be for any eligible dispensing facility that is located in a rural area; provided further, that the secretary of administration and finance shall make available the funds under this item to the Massachusetts Development Finance Agency to administer the grant and loan program; and provided further, that the Massachusetts Development Finance Agency in consultation with the department of environmental protection shall, no later than January 31, 2019, adopt standards to implement the program, including general guidelines and requirements for owners and operators to make application for such grants and loans, and the criteria used to evaluate applications to provide grants and loans under the program.....…………….$2,000,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Office of the Secretary

2000-7071.For improvements and replacements to the infrastructure and holdings of the executive office of energy and environmental affairs and its departments and divisions; provided, that these improvements and replacements may include, but shall not be limited to, buildings, equipment, vehicles and communication and technology equipment; provided further, that the secretary of energy and environmental affairs may provide guidance for planning, prioritization, selection and implementation of projects in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan; and provided further, that any expenditures for communication and technology equipment under this item shall be considered in consultation with the secretary of technology services and security; provided further, that $500,000 shall be expended to the town of Saugus for the purposes of purchasing a Vactor for the purposes of cleaning drains and culverts in the town of Saugus....………………………………………….………...$10,500,000

2000-7072.For grant programs for land, soil, water and natural resource conservation; open space preservation; watershed remediation; coastal resource protection; recreation; environmental equity and wildlife and endangered species protection, including, but not limited to, the local acquisition for natural diversity grant program, the parkland acquisition and renovation for communities grant program, conservation partnership grant programs including programs to support landscape-scale land conservation projects, the drinking water supply protection grant program, grant programs to assist and provide funding to conservation districts, and grants to support local, regional and state land use planning and management capabilities to advance smart growth efforts, all pursuant to rules or regulations adopted by the secretary of energy and environmental affairs to effectuate this item; provided, that the secretary of energy and environmental affairs may provide guidance for planning, prioritization, selection and implementation of projects in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan; and provided further, that all projects shall provide appropriate public access as determined by the secretary; provided further, that $925,000 shall be expended to the town of Falmouth to design, engineer, and permit upgraded drainage systems for the region of Woods Hole surrounded by Millfield St, Gardiner Road, and school street; provided further, that $5,000,000 shall be expended on construction and restoration of East Chop Drive in Oak Bluffs, including, but not limited to, stone revetment, coastal bank restoration, improving the public access walkway, landscaping with native species, and restoring the roadway to two-way traffic; provided further, that no less than $4,750,000 shall be expended for a flood management study of the Assawompset Pond Complex that is a part of the Taunton River Watershed, comprising the towns of Freetown, Lakeville, Middleborough, Rochester, and the cities of New Bedford including, but not limited to, an analysis of existing conditions and recommendations for flood management and mitigation, ecological sustainability and river flow improvements, and relating to the water flows of the Nemasket River into the Taunton River and related water storage and flooding issues of Assawompset and Long Pond; provided further, that $5,000,000 shall be expended for improvements to Fredericks Park in the city of Revere; provided further, that no less than $300,000 shall be expended to Bay Coast Rowing Center for the refurbishment and upgrade of an existing boat house building to house a community boating program in the city of Fall River; provided further, that $1,500,000 shall be expended for the installation of a high efficiency irrigation system and the planting of native trees, shrubs, groundcover, and restoration of the historic hedge row to promote water conservation, manage stormwater, and reduce runoff at Tanglewood in the town of Lenox; provided further, that $300,000 shall be expended for bog bridging and trail construction, rehabilitation, and accessibility in Kennedy Park in the town of Lenox; provided further, that $400,000 shall be expended to the Great Barrington Land Conservancy for improvements, and upkeep of the W.E.B. DuBois River Garden Park and for improvements, upkeep, and extension of the Housatonic River Walk; provided further, that $8,000,000 shall be expended for a dredging project and to improve, manage and protect the water quality, in Lake Wickaboag in the town of West Brookfield; provided further, that $10,000 shall be expended for improvements to Powder Mill Park in the town of Spencer; provided further, that $5,000 shall be expended for improvements to Luther Hill Park in the town of Spencer; provided further, that $25,000 shall be expended for improvements to Turkey Hill Pond in the town of Rutland; provided further, that $25,000 shall be expended for improvements to Demond Hill Pond in the town of Rutland; provided further, that $600,000 shall be expended for improvements to O'Gara Park in the town of Spencer, including but not limited to the construction of a fieldhouse and improvements to the grandstand; provided further, that not less than $2,000,000 shall be expended for the maintenance and improvements, including the design and construction of recreational fields, pedestrian and bike paths, and landscape and aesthetic improvements to the M. Joseph Manning Community Park in the town of Milton; provided further $200,000 shall be expended for improvements around the Cook Pond in the city of Fall River; provided further, that $4,000,000 shall be expended for the purposes of evaluating the efficacy of adaptive management measures to reduce nitrogen pollution of coastal waterways undertaken pursuant to an approved area-wide water quality plan adopted pursuant to the federal Clean Water Act, to fund the Center for Coastal Studies to monitor and report on the water quality of areas subject to said study, and to support further assessment and water quality modeling to further refine said study; provided further, that $1,400,000 shall be expended to the Sporting, Safety, Conservation, and Education Fund of Falmouth, Incorporated for the design, permitting, and restoration of the Child’s River and Farley Bog in the towns of Falmouth and Mashpee; provided further, that $131,000 shall be expended for a feasibility study of a salt marsh restoration project at 0,69, 73, and 77 Mashnee Road and 88 88 Rocky Point Road in the town of Bourne;and provided further, that not less than $500,000 shall be expended for the design, engineering, and construction of Phase II of the Municipal Riverwalk at Ludlow Mills in the town of Ludlow, the design and engineering plans of which shall be subject to the approval of Westmass Area Development Corporation and the town of Ludlow; provided, however, that Phase II shall be incorporated into the right of way of the proposed Riverside Drive, a public subdivision road, consistent with agreements between Westmass Area Development Corporation and the town of Ludlow, the existing public use easement and the approved Ludlow Mills Master Plan....………………………....…………………………....………..……………...$ 160,071,000

2000-7073.For the design, construction, reconstruction, rehabilitation, retrofitting, repair or removal of coastal infrastructure and resiliency measures, including, but not limited to, seawalls, jetties, revetments, and retaining walls, with equal considerations given to beach nourishment, living shorelines, and other nature-based solutions, as defined in section 1 of chapter 21N of the General Laws; provided, that costs payable from this item may include, but shall not be limited to, the costs of engineering and other technical assistance and planning services essential to these projects rendered by the office of coastal zone management in the executive office of energy and environmental affairs, the office of waterways in the department of conservation and recreation and other commonwealth employees or consultants; provided further, that grants and loans may be made to local government units to carry out this item; and provided further, that the secretary of energy and environmental affairs may provide guidance for planning, prioritization, selection and implementation of projects in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan; provided further, that $525,000 shall be expended for the town of Falmouth Division of Marine and Environmental Services to design and construct a replacement fresh water culvert under Surf Drive; provided further, that not less than $2,000,000 shall be expended to the town of Duxbury for costs associated with coastal infrastructure improvements; provided further, that no less than $15,100,000 shall be expended to the city of Quincy to repair and restore damaged seawalls; provided further, that $4,000,000 shall be expended to repair and replace the failing seawall along Winthrop Parkway in the city of Revere; provided further, that $350,000 shall be expended for the repair of tide gates in the town of Saugus; provided further, that $1,000,000 shall be allocated to the Marine Biological Laboratory to be used for the restoration of the seawall located at Waterfront Park in the town of Falmouth; provided further, that $2,500,000 shall be expended for shoreline and park restoration at Blessing of the Bay park in the city of Somerville; provided further, that not less than $660,000 shall be expended per year for the Massachusetts Bays National Estuary Program, as match for federal cooperative grants received under section 320 of the federal Clean Water Act, for the purposes of implementing a comprehensive plan for coastal habitat protection and restoration related to coastal resilience; and provided further, that not less than $3,000,000 shall be expended for seawall and revetment work at Plymouth Long Beach; and provided further, that not less than $1,000,000 shall be expended for cobble nourishment at Plymouth Long Beach ....…………………………………………………………………..………………...$57,775,000

2000-7074.For the design, construction, reconstruction, rehabilitation, retrofitting, repair or removal of municipally-owned dams, publicly-owned dams and other dams for which emergency action or statewide hazard mitigation is required and for inland flood control projects and projects for any related facilities and equipment, including, but not limited to, seawalls, jetties, revetments, and retaining walls, with equal consideration given to beach nourishment and other nature-based solutions, as defined in section 1 of chapter 21N of the General Laws, on publicly-owned land or related to state or municipal climate change adaptation and preparedness or for which emergency action or statewide hazard mitigation is required; provided, that the secretary of energy and environmental affairs shall give priority to dams and flood control projects that pose the greatest risk to public health or safety, or to the environment; provided further, that funds shall be available for a program of planning, permitting and construction of fish ways and other aquatic habitat improvements, including the removal or breaching of selected dams and impoundments on state-owned land and waterways; and provided further, that the secretary may provide guidance for planning, prioritization, selection and implementation of projects in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan; provided, further that projects shall be considered in consultation with the municipality hosting asset to be repaired and those municipalities impacted by the project; provided further, that $600,000 shall be expended for engineering, improvements and repairs to the Hamilton Reservoir dam in the town of Holland; provided further, that $4,400,000 shall be expended for engineering and construction costs for the rehabilitation and improvements to the Whitney Pond dam in the town of Winchendon; provided further, that $350,000 shall be expended for improvements to the Queen Lake Dam in the town of Phillipston; and provided further, that not less than $500,000 shall be expended for repairs to Jenny Grist Mill Dam in the town of Plymouth....…....……$70,850,000

2000-7075.For the acquisition of land and interests in land by the executive office of energy and environmental affairs and its departments and divisions and for associated costs, including planning, study, due diligence, title and appraisal services, site restoration, monitoring and stewardship, including, but not limited to, agricultural preservation restrictions under sections 23 to 26, inclusive, of chapter 20 of the General Laws, and acquisitions for open space, recreation, conservation, wildlife and endangered species protection, and forest land protection, including coastal land acquisition and securing of access to protected coastal lands, and lands to provide for the inland movement of coastal habitats; for related costs and activities in support of conservation goals, including, but not limited to, capitalization of the Transfer of Development Rights Revolving Fund established under section 35GGG of chapter 10; provided, that funds under this item may be used to develop and implement a stewardship program on lands under the care and control of the executive office or its departments and divisions or subject to conservation restrictions or other related interests in land purchased through this item, including, but not limited to, resource and land use monitoring, signage, boundary delineation and monitoring, preparation of baseline documentation, stewardship planning, ecological monitoring and enforcement of conservation or other related restrictions or detection and resolution of encroachments on land and rights in land, and repair of damage to property related to illegal uses, including off-road vehicle trespass; provided further, that funds may be used for inventory, restoration and reclamation of acquired land, including demolition of structures, removal of debris, eradication of non-native species and other services essential to these reclamation efforts; and provided further, that the secretary of energy and environmental affairs may provide guidance for preservation, maintenance, and acquisition of land and interests in land in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan and may expend funds under this item for such purposes; provided further, that projects shall be considered in consultation with the municipality hosting asset to be repaired and those municipalities impacted by the project; and provided further, that $2,000,000 be expended for the acquisition of an old rail bed for the extension of the Bruce Freeman Trail into Framingham........................12,000,000

2000-7079.For natural resource restoration and protection and in compliance with laws and regulations, and for purposes of improvements and costs associated with site assessment, containment, cleanup, control, disposal, removal or exchange of or response actions concerning hazardous materials or substances; provided further, that $15,500,000 shall be expended on environmental justice projects in South Framingham....………...……...$75,500,000

2511-2000. For grants administered through the agricultural innovation fund established under section 3 of this act; provided further, that not more than $5,000,000 per fiscal year shall be made available for grants under this item........………………………....….………..$5,000,000

Department of Environmental Protection

2200-7022.For investment in water and air quality protection, including but not limited to investments necessary to meet the legislative and regulatory requirements of the Rivers Protection Act, the federal and state Clean Water Acts and the Massachusetts Wetlands Protection Act; to provide for integrated energy and environmental projects to optimize and preserve environmental quality and public health and provide for appropriate protection, restoration, management and best use of air, energy, water and land resources, assets and infrastructure, including upgrades to laboratory equipment; to provide for research, studies and the collection of data to support investment in environmental assets, including sampling and analysis of water and air quality, monitoring cumulative environmental impacts in environmental justice communities, the development of Geographic Information System maps for wetlands conservancy and tidelands, stormwater infrastructure and public water supplies, the development of water quality analyses known as Total Maximum Daily Loads, the assessment of water quality health and impaired use of waterways, and projects related to nonpoint and point sources of water pollution and the wetlands circuit rider program; to provide for local grants and research for implementation of the commonwealth’s sustainable water management initiative, including grants and research to provide the data necessary for municipalities to invest in efficient and effective mitigation practice to restore and preserve the commonwealth’s water resources, assets and infrastructure; to provide for sustainable water management initiative related research and implementation projects conducted by the department of fish and game and its divisions; to provide for the department’s statewide air monitoring network, upgrades of air monitoring equipment to comply with federal requirements, implementation of a water quality monitoring network and eelgrass mapping to track water quality improvements; to provide for investments in water quality restoration of degraded estuarine habitat for projects deemed consistent with a current area-wide water resources management plan adopted under section 208 of the federal Clean Water Act; to fund pilot projects that test innovative and green wastewater management technologies and approaches; for sustainable technologies at wastewater treatment facilities; for long-term monitoring and stewardship of restoration projects developed under the oversight of natural resources damages trustees; to provide grants and technical assistance to public water suppliers for energy efficiency improvements for drinking water systems; to provide for municipal grants for water and air quality protection, including to support training and workforce development for drinking water and wastewater treatment facilities; to support the preparation and implementation of geographic response plans for the commonwealth’s inland waterways; and to provide grants to municipalities to support compliance with the federal Municipal Separate Storm Sewer System permit; provided, that the secretary of energy and environmental affairs may provide guidance for planning, prioritization, selection and implementation of projects in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan; provided further, that no less than $250,000 shall be expended for the Nash Road Water Quality Improvement project in the city of New Bedford for the weed eradication, mitigation of storm water impacts, and refurbishment of Nash Road Pond Frontage; provided further, that no less than $550,000 shall be expended for the Lake Street Ponds Water Quality Improvement project located in the town of Acushnet, part of the New Bedford Reservoir System, for area specific evaluation, nitrogen mitigation, evaluation of storm water impacts, and weed eradication; provided further, that no less than $1,000,000 shall be expended for the Long Pond Water Quality and Invasive Weed Management project, located in the towns of Freetown and Lakeville, for support of an integrated, early detection and rapid response system for invasive species and completion of a strategic management plan for invasive species to prevent, control, eradicate and restore natural management areas; provided further, that $10,000,000 shall be expended for the purpose of municipal grants for all non-federally covered costs to remove the combined sewer outflows which discharge effluent and storm water into the Connecticut River from the cities of Springfield, Chicopee and Holyoke and the town of Ludlow, to comply with administrative mandates from the United States Environmental Protection Agency and to remediate river pollution from such outflows, and to make any necessary modifications and improvements to sewer system infrastructure in those municipalities directly resulting from such removal and subject to the requirement that the expenditure of funds shall comply with the federal mandates and shall be expended to the Connecticut River Clean-up Committee of the Pioneer Valley planning commission for those municipalities; provided further, that no less than $3,500,000 shall be expended to the Springfield water and sewer commission for the design and construction of improvements to potable water storage tanks to protect potable water quality, improve water system resiliency, and support regulatory compliance for the regional water supply; provided further, that $5,000,000 shall be expended for repairs and other related improvements to culverts along Route 57 in the towns of Sandisfield, Monterey, and New Marlborough; provided further, that $2,000,000 shall be expended for improvements to the Wheelwright Wastewater Treatment Plant in the town of Hardwick; provided further, that $12,000,000 shall be expended for construction of a sewer line in the town of Hardwick; provided further, that $4,460,000 shall be expended for water and sewer improvements in the town of Palmer including but not limited to the replacement of a sewer siphon, a generator, and expansion of the Palmer sewer system, installation of a centrifuge at the Palmer Wastewater Treatment Plant, replacement of a scum concentrator, and the replacement of grinder pumps on Lake Thompson; provided further, that $10,000,000 shall be expended for shall be expended for extensions to the public water line in the town of Sturbridge; provided further, that $15,000 shall be expended for the construction of a new well to provide drinking water for the Phillipston Town Hall ....…………………………………………………...........................………………..$93,775,000

2200-7024.For discovery, assessment, containment, monitoring, cleanup and closure of existing or closed solid waste facilities causing or threatening to cause pollution as authorized by section 4 of chapter 21H of the General Laws; and for capital expenditure associated with composting and recycling programs consistent with the comprehensive statewide solid waste master plan authorized by section 21 of chapter 16 of the General Laws........………$7,500,000

2200-7016.For the assessment, containment, monitoring, cleanup, control, removal of or response actions concerning oil or hazardous materials or for any other actions necessary to implement chapter 21E of the General Laws and the Massachusetts Contingency Plan; provided further, that $1,500,000 shall be expended for the demolition of the former Microfab building in the city of Amesbury; provided further, that not less than $1,500,000 shall be expended for the removal of hazardous materials and drainage improvements to the old Dalton High School site in the town of Dalton; provided further, that no less than $1,000,000 shall be expended for the remediation, restoration and removal of hazardous materials at the old New England Log Homes site in the town of Great Barrington...........…………....……………………………....40,000,000

Department of Fish and Game

2300-0100. For grants administered through the fishing innovation fund established under section 2 of this act; provided further, that not more than $10,000,000 per fiscal year shall be made available for grants under this item.......………....…………………….…….$10,000,000

2300-7019.For planning, design, engineering, construction, reconstruction, renovation, repair, demolition, acquisition, enhancements, improvements, removal and replacement of the infrastructure, facilities and equipment under the care and control of the department of fish and game and its divisions, including, but not limited to buildings and other structures, education centers, district headquarters, hatchery facilities, offices, storage buildings, shooting ranges, archery facilities, dams, laboratories, equipment, vehicles, vessels, and site clearance; provided, that any such facilities supported by this item may incorporate energy efficiency and renewable technologies to decrease energy use and greenhouse gas emissions, such as solar, wind and geothermal power; provided further, that funds shall also be available for investments for protection, remediation and restoration of aquatic and marine fisheries, wildlife species, land and marine plants, and the habitats that support them; and provided further, that the secretary of energy and environmental affairs may provide guidance for planning, prioritization, selection and implementation of projects in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan; provided further, that $1,500,000 shall be expended, in consultation with the department of agricultural resources and division of marine fisheries, for the Southeastern Massachusetts Aquaculture Center at Barnstable County Cooperative Extension, the Northeastern Massachusetts Aquaculture Center at Salem State College, and the Western Massachusetts Center for Sustainable Aquaculture at the University of Massachusetts at Amherst, dairy digesters and agricultural composters; provided further, that $100,000 shall be expended for handicap access improvements at the Dick and Paula Woodward Fisherman's Access Area and public dock, at South Pond in the town of Brookfield; provided further, that $25,000 shall be expended to conduct a feasibility study on the eradication of zebra mussels at Laurel Lake in the town of Lee; provided further, $800,000 shall be expended for the reconstruction, improvements, and accessibility to the boat ramp, parking lot, and shorefishing facility at Laurel Lake in the town of Lee. ..….…………………....……………….....$47,425,000

2300-7022.For river and wetland restoration programs in the division of ecological restoration, riverways program and the commissioner’s office within the department of fish and game; provided, that funds authorized in this item may be utilized for river, wetland and river corridor revitalization, ecological restoration and protection of aquatic ecosystems and functions throughout the commonwealth including, but not limited to, dam and barrier removal, instream improvements, flow, water quality, riverine habitat, protection of high quality riparian and wetland habitat, assessment and mitigation of threats from climate change, flooding and improving recreational opportunities; provided further, that these costs may include, but shall not be limited to, equipment to implement these programs; provided further, that the commissioner or a designee may enter into cooperative agreements with state and federal government agencies and municipalities, may contract for services related to this item including, but not limited to, engineering and monitoring, and may award grants to public and nonpublic entities to foster and carry out this item; provided further that no less than $9,100,000 shall be expended for the design and construction of Phase 1 of the Hoosac River Restoration Project in the city of North Adams.......…………………………………………………....….……………………$54,000,000

Department of Agricultural Resources

2500-7021.For the purpose of developing and implementing programs designed to address agricultural economic and environmental sustainability, including the development and implementation of farm viability plans and other technical and engineering assistance, urban agriculture, research, industry promotion, technology transfer and education and to facilitate improvements to agricultural infrastructure, energy conservation and efficiency, and climate change adaptation and resiliency; provided, that $4,000,000 shall be expended on programs for the purpose to promote urban agriculture, including, grants to municipalities and nonprofit organizations to acquire land for urban agriculture and for related infrastructure, equipment and technical assistance, subject to the requirement that such expenditures benefit recipient communities by promoting community, access to locally grown food, job creation, small business development, agricultural training and youth development; provided further, that funds shall be available to provide for shorter-term land covenants; provided, that a grant program shall be established to provide grants to public and nonpublic entities for the development and implementation of new procedures for energy conservation and efficiency and for renewable and alternative energy sources to assist the agricultural community to grow and develop; provided further, that there shall be established a program to assist in the preservation and rehabilitation of facilities and land resources of agricultural fairs through short-term preservation covenants, grants, demonstration projects and other means; provided further, that funds in this item may be expended for infrastructure and equipment upgrades to prevent or reduce food safety risk, programs to control invasive species and provide pesticide disposal; provided further, that funds in this item may be expended for the agricultural environmental enhancement program on the abatement of all forms of pollution generated from agricultural activities; provided further, that funds in this item may be allocated by the commissioner through competitive grants pursuant to rules or regulations adopted by the commissioner to implement this item; provided further, that no less than $20,000,000 shall be expended for the agricultural preservation restriction program; provided further, that $5,000,000 be expended for the purposes of the University of Massachusetts Cranberry Station at East Wareham section of the town of Wareham for the design, construction, retrofitting and outfitting of enhanced laboratory space, including associated equipment and support to improve research performed by the station dealing with concerns including, but not limited to (i) water quality and quantity; (ii) integrated pest management; and (iii) pollinator health and minimization of nutrient and pesticide use with the goal to reduce environmental impacts and at the same time enhance the sustainability of cranberry production in the commonwealth; provided further, that such funds may be carried over from year to year with subsequent appropriations; and provided further, that use of such funds shall be done with the advice and consent of the Cranberry Health Research Center advisory board.…....…....…....……………......……………………………………..$49,000,000

Department of Conservation and Recreation

2800-7020.For natural resource restoration and protection, including protection and rehabilitation of lakes, ponds, rivers and streams and associated watersheds, and for improvements and costs associated with site assessment, containment, cleanup, control, removal of or response actions concerning hazardous materials or substances at forests, parks, reservations, waterbodies and other properties of the department of conservation and recreation; provided, that the secretary of energy and environmental affairs may provide guidance for planning, prioritization, selection and implementation of projects in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan.…………......………………………$20,000,000

2800-7014. For the design, construction, reconstruction, improvement or rehabilitation of department or navigable coastal and inland waterways projects including, but not limited to, design, permitting, operation, maintenance of waterways, operation and maintenance of state piers, coastal protection, dredging, river and stream cleaning, coastal structure maintenance, piers, dune stabilization, culvert repair, renourishment, erosion control, implementing nature-based solutions, as defined in section 1 of chapter 21N of the General Laws, waterfront access and transportation improvements and improvements to related facilities and equipment; provided, that funds from this item may be expended to support state coordination with a cooperative federal-state program with the United States Geological Survey, Department of Interior, for continuous data collection and analysis regarding water resources; and provided further, that the secretary of energy and environmental affairs may provide guidance for planning, prioritization, selection and implementation of projects in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan; provided further that no less than $2,000,000 shall be expended for the dredging of Squantum and Wollaston Yacht Club emergency boat access in Wollaston Beach in the city of Quincy; provided further that $2,500,000 shall be expended for repairs to the Sales Creek culvert and related improvements in the city of Revere; provided further that $1,500,000 shall be expended for the repair and replacement of the Howard and Spring Streets culverts in the town of Saugus...……………….....……..........…...$21,000,000

2800-7025.For the design, construction, reconstruction, rehabilitation, retrofitting, repair or removal of state-owned dams for which emergency action or statewide hazard mitigation is required and for inland flood control projects and projects for any related facilities and equipment, including, but not limited to, seawalls, jetties, revetments, and retaining walls, with equal consideration given to beach nourishment and nature-based solutions, as defined in section 1 of chapter 21N of the General Laws, on state-owned land or related to state climate change adaptation and preparedness or for which emergency action or statewide hazard mitigation is required; provided, that the department of conservation and recreation shall give priority to dams and flood control projects that pose the greatest risk to public health or safety, or to the environment; provided further, that funds shall be available for a program of planning, permitting and construction of fish ways and other aquatic habitat improvements, including the removal or breaching of selected dams and impoundments on state-owned land and waterways; provided, that such projects shall include those which maintain or improve coastal access; and provided further, that the secretary of energy and environmental affairs may provide guidance for planning, prioritization, selection and implementation of projects in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan; provided further, that $600,000 shall be expended for repairs at Spring Pond Dam and Griswold Dam in the town of Saugus; and provided further, that $20,000,000 shall be expended to purchase and install a fourth pump at the Amelia Earhart Dam in the city of Somerville......………………....……………….…………….…..$100,600,000

2840-7025.For the planning, design, construction, reconstruction, repair, removal, demolition, improvement, furnishing, equipping or rehabilitation of department reservations, forests, parks, campgrounds, comfort stations, harbor islands, skating rinks, skate parks, swimming and wading pools, spray parks, golf courses, tennis courts, basketball courts, ball fields, playgrounds, exercise and fitness paths, tracks, other recreational facilities, historic sites, beaches and related facilities, storage buildings, office buildings, visitor centers, fire towers, maintenance facilities and other park buildings and structures, and equipment, including upgrades to information technology equipment to be considered in consultation with the secretary of technology services and security, and for the planning, design, acquisition, construction, reconstruction, repair, removal, improvement or rehabilitation of department bike paths, greenways, recreational trails and related facilities and equipment; provided, that the secretary of energy and environmental affairs may provide guidance for planning, prioritization, selection and implementation of projects in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan; provided further, that the department of conservation and recreation may expend funds in this item for technical assistance and grants to cities and towns in accordance with rules or regulations adopted by the department to implement this item; and provided further, that in the expenditure of funds under this item, the commissioner will prioritize public health and safety and capital maintenance needs of commonwealth facilities; provided further, the land in the northern section of Riverbend Park in the town of Medford, bounded by the Mystic River, Riverside Yacht Club and the northern-most paved path in Riverbend Park be transferred to the department of conservation and recreation; provided further, that no less than $500,000 shall be expended for the design and construction of a visitors and education center for the Freetown State Forest, located in the town of Freetown; provided further, that $7,500,000 shall be expended for repairs and improvements to the Revere Beach Reservation, including, but not limited to re-nourishment of Revere Beach, repairs to any failing seawalls, and restorations to pavilions and period lighting structures; provided further, that $6,000,000 shall be expended for improvements to Ocean Avenue and Eliot Circle in the Revere Beach Reservation; provided further, that $6,000,000 shall be expended to reimburse the city of Revere for costs associated with construction of a new Department of Conservation and Recreation maintenance facility in the Revere Beach Reservation; provided further, that $15,000,000 shall be expended for the design and construction of a combined public safety facility within the Revere Beach Reservation for the purpose of housing the state police contingent at Revere Beach; provided further, that $300,000 shall be expended for a study to determine solutions to flooding issues in the Riverside, Point of Pines, and Beachmont neighborhoods in the city of Revere, and $500,000 shall be expended for the implementation of such findings; provided further, that $2,750,000 shall be expended for maintenance and improvements to the Condon Shell and surrounding park on the Mystic Valley parkway in the city of Medford and for pedestrian improvements on the Mystic Valley parkway; provided further, that $2,000,000 shall be expended for repairs and improvements to Foss Park in the city of Somerville; provided further, that no more than $1,500,000 shall be expended for the design and construction of the Southeastern Massachusetts Bioreserve Discovery Center in the 15,000 acre Bioreserve; provided further, that $6,700,000 shall be expended for the construction of new recreational fields in the town of Sturbridge; provided further, that $100,000 shall be expended for improvements to Howe State Park in the town of Spencer; provided, further, that $100,000 shall be expended for improvements to Moore State Park in the town of Paxton; provided further, that not less than $1,000,000 shall be expended for improvements, including dredging, landscaping, waterway access, public docks and ramps, parking areas, and restrooms, to the Milton Landing Waterfront in the town of Milton; provided further, that not less than $1,000,000 shall be expended for improvements, repairs, and energy efficiency upgrades at the Blue Hills Trailside Museum and the Norman Smith Nature Center building and grounds in the town of Milton; provided further, that $1,300,000 shall be expended for the feasibility, design, and permitting of the Bourne Rail Trail Shared-Use Path along the Massachusetts Department of Transportation Rail Line Right-of-Way from the existing Shining Sea Bike Path in North Falmouth to the Cape Cod Canal in the town of Bourne; and provided further, that not less than $15,000,000 shall be expended for the construction of the outdoor center, campgrounds, recreational trail system and event parking area at the Greylock Glen in the town of Adams, of which not less than $2,300,000 shall be expended for necessary infrastructure improvements in the town of Adams to support the Glen project ……………………………………….……………………....…………………….....$417,250,000

2890-7034.For the planning, design, construction, reconstruction, repair, improvement or rehabilitation of department of conservation and recreation parkways, boulevards, multi-use trails, internal state park roads and recreational trails, pedestrian bridges and related appurtenances and equipment including, but not limited to, the costs of planning, design and engineering and other services for those projects rendered by commonwealth employees or by consultants; provided, that funds may be expended for pedestrian and bicycle safety, traffic calming, landscape improvements, street lighting, safety equipment, and accessibility; provided further, that all work funded by this item shall be carried out according to standards developed by the department pursuant to historic parkways preservation treatment guidelines to protect the scenic and historic integrity of the bridges and parkways under its control; and provided further, that the secretary of energy and environmental affairs may provide guidance for planning, prioritization, selection and implementation of projects in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan; provided further, that not less than $1,000,000 shall be expended for flood and drainage improvements surrounding the Skyline Trail in the town of Hinsdale; provided further, that no more than $2,000,000 shall be expended for phase 4 of the Quequechan River Rail Trail to connect the urban river trail to Father Travassos Park in the city of Fall River; provided further, that $4,000,000 shall be expended on the Upper Charles bike trail in the town of Ashland; and provided further, that not less than $600,000 shall be expended for improvements to pedestrian and vehicle access, including safety improvements, to the Burma Trail in the town of Milton.......…………….…………$157,600,000

SECTION 2A.

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Office of the Secretary

2000-7080.For implementation of the integrated state hazard mitigation and climate change adaptation plan; provided, that the secretary of energy and environmental affairs shall give priority to critical actions and strategies identified in the plan.......……..….…....$60,000,000

2000-7081.For the municipal vulnerability preparedness grant program to support and provide technical assistance for cities and towns to complete climate-related vulnerability assessments, develop action-oriented resiliency plans, and complete integrated climate change adaptation plans and local hazard mitigation plans; and to implement local and regional adaptation solutions identified through such plans, including changes to policies, bylaws, and plans, municipal infrastructure improvements, nature-based climate adaptation strategies, as defined in section 1 of chapter 21N of the General Laws, and repairs to address vulnerability and improve resiliency; provided, that not less than 33 per cent of the grants awarded shall be issued to cities and towns with a median household income below the average of the commonwealth …………………………………………………………………….......………....…….$50,000,000

2000-7084.To capitalize the Global Warming Solutions Trust Fund established in section 35EEE of chapter 10 of the General Laws.… ....................................................$3,000,000

2000-7085.For the climate change science and data program to support the development and maintenance of data including statewide, basin scale, and other relevant climate change projections and data, the establishment of datasets to track and monitor ongoing impacts from climate change, and the maintenance and expansion of the climate change clearinghouse data and tools available to cities and towns and the regional planning agencies that support them; provided, that any expenditures for communication and technology equipment under this item shall be considered in consultation with the secretary of technology services and security...….…………………………….……….……………....………..........……….$5,000,000

Department of Environmental Protection

2200-7019.For the Massachusetts Electric Vehicle Incentive Program to provide grants to public entities to acquire passenger plug-in vehicles for fleets, install charging stations for public electric vehicles, and promote the establishment of vehicle charging stations; provided further, that $5,000,000 shall be expended for the Massachusetts Electric Vehicle Incentive Program to provide matching grants to employers to install electric vehicle charging stations at workplaces…………………………………………………….............………………..$9,000,000

EXECUTIVE OFFICE OF EDUCATION

Office of the Secretary

7009-2007.To close workforce skills gaps across a range of occupations where climate change impacts such as extreme weather are likely to require adaptation to reduce risks and vulnerability from the impacts of climate change, including, but not limited to, developing, implementing and maintaining nature-based solution, as defined in section 1 of chapter 21N of the General Laws, by providing skills capital and workforce training grants to support education and training providers, in consultation with the workforce skills cabinet and the secretary of energy and environmental affairs; provided further, that $20,000,000 shall be expended for the design, rehabilitation or construction of a research and extension building of approximately 20,000 square feet at the University of Massachusetts Center for Urban Sustainability in the city of Waltham to conduct research and advance urban sustainable agriculture through public-private partnerships, to include, without limitation urban agricultural issues related to food security, safety and access, environmental stewardship and workforce development; provided further that best efforts shall be made to construct a zero-net energy building; provided further, that no less than $6,000,000 shall be expended for the construction, equipment and maintenance of the Commonwealth Energy Storage Testing Facility.……………........….……...$28,000,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Office of the Secretary

8000-2007.For the development and support of climate oriented emergency response and natural hazard preparedness programs and climate change coordination with the executive office of energy and environmental affairs; provided further, that $500,000 shall be allocated to fund a regional hazard mitigation initiative for the towns of Cohasset, Hingham, Hull, and Scituate, which shall include, but not be limited to, coordinating a prioritized regional hazard mitigation plan to improve collective hazard planning, increasing public safety, and streamlining emergency response.….....…………………………………………….…....…………..$6,500,000

SECTION 2B.

OFFICE OF THE TREASURER AND RECEIVER GENERAL

0620-1002.For the Clean Water Trust established in section 2 of chapter 29C of the General Laws for deposit in the Water Pollution Abatement Revolving Fund established in section 2L of chapter 29 of the General Laws for application by the trust to the purposes specified in section 5 of said chapter 29C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under Title VI of the federal Clean Water Act or for deposit in the Drinking Water Revolving Fund established in section 2QQ of said chapter 29 for application by the trust to the purposes specified in section 18 of said chapter 29C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under the federal Safe Drinking Water Act....……….………………………………………….…………………………….$60,333,000

SECTION 2C.

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Office of the Secretary

2000-7064.For a program to be administered by the secretary of energy and environmental affairs to acquire land for the purposes of open space, recreation and conservation, to be protected pursuant to Article 97 of the Amendments to the Constitution, which lands are located near or adjacent to the mean high water mark of coastal areas, on coastal barrier beaches, or in coastal high risk flooding zones and which lands or structures thereon have suffered or are projected to be subject to repeated damage from flooding, storm surges, wave action, or erosion caused by ocean waves or waters, or are otherwise impacted or projected to be impacted catastrophically by extreme weather events, astronomical high tides or elevated sea levels related to climate change, and cause a substantial risk to public health, public safety or the environment; provided that funds may be used to purchase adjoining coastal parcels next to such acquired land or any other Article 97 coastal land to achieve the purposes of this item; provided further, that grants may be made to cities and towns to acquire such coastal lands for the purposes of this item, and may as a condition of any grant require the municipality to hold title to the acquired land jointly with the commonwealth under the terms of the grant; and provided further, that funds from this item shall not be used to compensate land owners for lands taken by eminent domain………………………......….…………………………………..….... $20,000,000

2000-7077.For the acquisition, development, construction and improvement of parks in urban and suburban neighborhoods currently underserved with parks that are accessible and within a 10-minute walk, and which are consistent with attainment of environmental equity, including community engagement and planning related to these parks; provided, that funds shall be available for the completion of urban forestry and tree planting projects, assessment and remediation of brownfield and grayfield sites intended for reuse as parks, drafting of architectural renderings, construction documents and other technical documents necessary for parks construction, acquisition of land or interests in land, including rail-banked corridors, for the creation of parks pursuant to Article 97 of the Amendments to the Constitution of the Commonwealth and for the construction, rehabilitation and improvement of parks including, but not limited to, all related facilities, landscaping, monuments and features, parking areas and roadways; provided, that the secretary of energy and environmental affairs may issue grants to public and nonpublic entities to implement these projects; and provided further, that the secretary may provide guidance for planning, prioritization, selection of parks to promote environmental equity and in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan; provided, that $3,750,000 shall be expended for improvements to pedestrian and vehicle access, including safety improvements, to Forest Park and Blunt Park, and repairs to Forest Park due to erosion in the city of Springfield; provided further, that $2,500,000 shall be expended for improvements to pedestrian and vehicle access, including safety improvements, to the access road in Blunt Park between Roosevelt Avenue and Tapley Street in the city of Springfield; and provided further that $4,500,000 shall be expended for improvements to Camp STAR Angelina Administration Lodge, Forest Park Comfort Shelter, and the Horticultural Training Center in Forest Park in the city of Springfield……………………………………………....……………………..$57,750,000

2000-7078.For investment in trails to include planning, engineering, design, permitting, construction, repair, technical assistance and improvement of trails and the acquisition of property interests for trail purposes; provided, that funds may be granted at the discretion of the secretary of energy and environmental affairs to public and non-public entities including municipalities, regional planning agencies, and non-profit organizations, or expended directly by the executive office of energy and environmental affairs and its departments and division; provided further, that trails are to be broadly defined to include water, recreational, multi-use, and motorized for use by recreational and snow vehicles, and may be paved, improved, natural surface, or on-road for limited distances when necessary to make key connections; provided further that any project funded under this item is to be open to the public; provided further that wherever practicable property interests acquired are to be permanently conserved such that the trail thereon is permanently accessible to the public, but may be long-term leases where necessary to advance trail projects; provided further, that a match from the funding recipient, which may include in-kind match, may be required at the discretion of the secretary of energy and environmental affairs; provided further, that these funds shall supplement, and not replace, the funds available through the federal Recreational Trails Program; and provided further, that funds expended from this item for the cost of employees shall not exceed 5 per cent of funds expended from this item in any fiscal year.....……………$25,000,000

Department of Conservation and Recreation

2800-7023.For a forestry and tree planting program for projects throughout the commonwealth, including, but not limited to, the evaluation and planning of forestry and tree planting projects, tree stock and planting and the care and protection of trees and forests; provided, that the secretary of energy and environmental affairs shall give priority to the planting of trees in areas experiencing heat island effects, underserved with tree cover, affected by severe weather events or insect infestation, in areas where aquifers, recharge areas, wells, reservoirs and other water bodies are located that will improve and protect water quality as part of a natural ecosystem, and in furtherance of environmental equity, climate change mitigation, adaptation and resiliency strategies; provided, that the secretary may provide guidance for coordination between municipal and utility stakeholders on incorporating utility gas leaks data into planning for street tree planting projects and for testing street tree pits for methane before planting; provided further, that funds from this item may be expended to provide technical assistance and support to landowners to engage in sustainable forest management and long-term conservation practices and to undertake projects and activities to protect the ecological integrity of the commonwealth’s forestlands under the forest vision plan........……………………….$25,000,000

SECTION 2D.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

6121-1315.For the complete streets program established pursuant to chapter 90I of the General Laws, as amended, for complete streets grants to municipalities; provided, that not less than 33 per cent of the grants awarded shall be issued to cities and towns with a median household income below the average of the commonwealth; provided further, that $100,000 shall be expended for drainage pipe improvements on Stoddard Place in the town of North Brookfield; provided further, that no more than $200,000 shall be expended for the repair and construction to eliminate the excessive drainage where the Route 24 Northbound Exit 8a abuts the Fall River Industrial Park in the city of Fall River; provided further, that not less than $50,000 shall be expended to improve pedestrian safety and access to local businesses along State Route 38/Mystic Avenue in the city of Medford; and provided further, that not less than $100,000 shall be expended to improve pedestrian safety and access to public transportation along State Route 38/Mystic Avenue in the city of Somerville.....……………………………………….$50,450,000

SECTION 3.To meet the expenditures necessary in carrying out section 2, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $1,411,846,000. All such bonds issued by the commonwealth shall be designated on their face, Environmental Loan Act of 2018, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2043. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 4.To meet the expenditures necessary in carrying out section 2A, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $161,500,000. All such bonds issued by the commonwealth shall be designated on their face, Climate Change Preparedness Loan Act of 2018, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2043. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 5.To meet the expenditures necessary in carrying out section 2B, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $60,333,000. All such bonds issued by the commonwealth shall be designated on their face, Clean Water Loan Act of 2018, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2043. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 6.To meet the expenditures necessary in carrying out section 2C, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $127,750,000. All such bonds issued by the commonwealth shall be designated on their face, Commonwealth 21st Century Parks and Trails Act of 2018, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2043. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 7.To meet the expenditures necessary in carrying out section 2D, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $50,450,000. All such bonds issued by the commonwealth shall be designated on their face, Complete Streets Grants Act of 2018, and shall be issued for a maximum term of years, not exceeding 10 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2033. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 8.Chapter 10 of the General Laws is hereby amended by inserting, after Section 35DDD, the following 5 sections:-

“Section 35EEE. (a) There shall be established upon the books of the commonwealth a separate fund to be known as the Global Warming Solutions Trust Fund into which shall be deposited any revenues or other financing sources directed to the fund by appropriation; bond revenues or other monies authorized by the general court and specifically designated to be credited to the fund; any income derived from the investment of amounts credited to the fund or repayment of loans from the fund; funds from public or private sources, including, but not limited to, gifts, federal or private grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund; and all other amounts credited or transferred into the fund from any other source. The fund shall be administered by the secretary of energy and environmental affairs.

(b) Amounts credited to the fund may be used, without further appropriation, to provide grants or loans to governmental, quasi-governmental or non-profit entities for costs incurred in relation to implementation of the Global Warming Solutions Act, chapter 298 of the acts of 2008, as subsequently amended; the Clean Energy and Climate Plan published by the executive office of energy and environmental affairs, as subsequently amended; and other state and local strategies for climate change mitigation and adaptation. Such expenditures may include, but are not limited to, payment of costs associated with planning, monitoring, and managing carbon reduction measures; development and deployment of mitigation strategies and best practices to reduce carbon emissions; planning, monitoring and managing strategies to adapt to and prepare for the impacts of climate change; priority adaptation projects with potential co-benefits for climate change mitigation, environmental protection, public health, or other factors, as determined by the secretary of energy and environmental affairs; and pilot projects for new technologies or strategies to support carbon emission reductions. The amounts expended from the fund during any fiscal year for the costs of employees shall not exceed 5 per cent of total funds expended from the fund in that fiscal year. Monies deposited into the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.

Section 35FFF. (a) There shall be established upon the books of the commonwealth a separate fund to be known as the Boston Harbor Mitigation Trust Fund into which shall be deposited mitigation funds received pursuant to licenses issued under chapter 91 which require payment of such funds to enhance public access to the Boston Harbor waterfront or expand water transportation to, from, or within Boston Harbor in order to mitigate for unavoidable interference with certain water-related public rights caused by the licensed activities. The fund may also accept private contributions, publicly or privately-funded grants or other funds appropriated by the state or federal government, and funds paid to the commonwealth from any other source to enhance public access to the Boston Harbor waterfront. The fund shall be administered by the commissioner of environmental protection.

(b) Amounts credited to the fund may be used, without further appropriation, to reimburse or pay any governmental, quasi-governmental or non-profit entity for costs incurred in relation to activities or purposes set forth in any license issued under chapter 91 from which the mitigation funds originated, or otherwise to support enhanced public access to the Boston Harbor waterfront or expand water transportation to, from, or within Boston Harbor. Monies deposited in the Fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.

Section 35GGG. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Transfer of Development Rights Revolving Fund into which shall be deposited any revenues or other financing sources directed to the fund by appropriation; bond revenues or other monies authorized by the general court and specifically designated to be credited to the fund; any income derived from the investment of amounts credited to the fund or repayment of loans from the fund; funds from public or private sources, including, but not limited to, gifts, federal or private grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund; and all other amounts credited or transferred into the fund from any other source. The fund shall be administered by the secretary of energy and environmental affairs.

(b) Amounts credited to the fund may be used, without further appropriation, to provide loans to municipalities for the acquisition of transferable development rights as provided in section 27 of chapter 21A. Monies deposited into the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.

Section 35HHH. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Fishing Innovation Fund, whose purpose shall be to finance grants for permit banks, the design, construction and modification of commercial fishing vessels; including but not limited to research, development and construction of innovative fishing vessels with attributes including but not limited to increased fuel efficiency, reduced carbon emissions, improved stability, and the capability of supporting sustainable fishing practices through harvesting and on-board storage and processing methods, research, development, acquisition and deployment of advanced or innovative technologies including but not limited to sonar, radar, radio communications, satellite and global position and other locating and tracking devices; the research and development, acquisition and deployment of safety equipment and technologies provided, that any such grants may be conditioned on a vessel or guarantor or other reasonable condition remaining active in commercial fishing in the commonwealth, landing or processing fish in the commonwealth, or maintaining permits or licenses to do so without regard or preference to any particular geographic location or region of the commonwealth; provided that grants shall be distributed in a manner developed by the advisory committee established under clause (b) of this section.

Amounts shall be credited to the fund pursuant to line item 2300-0100, provided that the fund may be supplemented through appropriation from the general fund or other available sources including but not limited to any interest earned on monies in the fund; any funds from private sources including, but not limited to, gifts, grants and donations received by the commonwealth that are specifically designated to be credited to the fund, provided further that the department of fish and game shall also seek to the fullest extent any federal monies, any federal monies, matching funds, and grants.

The state treasurer shall deposit the moneys in the fund in accordance with section 34 of chapter 29 in a manner that will secure the highest interest available consistent with the safety of the fund and with the requirement that all amounts on deposit shall be available for immediate withdrawal at all times. The fund shall be expended at the direction of the Commissioner of the Department of Fish and Game in consultation with the advisory committee established in clause (b) of this section, subject to approval by the secretary of administration and finance only for the purposes stated in this section and any unexpended balances in the fund at the end of the fiscal year shall not revert and shall be available for expenditures in the subsequent fiscal year.

(b) There shall be an advisory committee to be appointed by the governor consisting of 13 members including the director of the division of marine fisheries who shall serve as chair; 2 of whom with academic or research experience in fishing and the marine economy and 10 members from geographically diverse regions of the commonwealth, with at least 1 from each of these gear types: mobile gear such as trawls, hooks, gillnets, or traps.

The advisory committee shall file a report detailing the amount, types, and nature of grants made and impacts of such grants, said report shall be submitted to the clerks of the house and senate no later than September 30 of each calendar year.

The advisory committee shall annually hold at least 1 public hearing to receive public testimony to inform its efforts in developing and deploying grant programs.

Section 35III.There shall be established and set up on the books of the commonwealth a separate fund to be known as the Agricultural Innovation Fund, whose purpose shall be to finance grants for the commonwealth’s agricultural and cranberry producers through the Agricultural Innovation Center that may add value to the producers products and services; provided further that the Agricultural Innovation Center shall develop an outreach program to identify and foster new, innovative ideas and approaches to adding value to the commonwealth’s agricultural and cranberry economy; and provided further that the Agricultural Innovation Center may solicit requests from the commonwealth’s agricultural and cranberry industry for funding and technical assistance in reclamation and revitalization of cranberry bogs; training, marketing, distribution, applied research, agri-tourism, aquaculture, forestry, processing, fiber and agricultural resource management research, development, poultry and red meat processing and construction of energy efficient agricultural buildings and structures; research, development and construction of energy efficient agricultural equipment; provided further that grants shall be administered in a manner developed by the advisory committee established under clause (b) of this section.

Amounts shall be credited to the fund pursuant to line item 2511-2000, provided that the fund may be supplemented through appropriation from the general fund or other available sources including but not limited to any interest earned on monies in the fund; any funds from private sources including, but not limited to, gifts, grants and donations received by the commonwealth that are specifically designated to be credited to the fund, provided further that the department of fish and game shall also seek to the fullest extent any federal monies, matching funds, and grants.

The state treasurer shall deposit the moneys in the fund in accordance with section 34 of chapter 29 in a manner that will secure the highest interest available consistent with the safety of the fund and with the requirement that all amounts on deposit shall be available for immediate withdrawal at all times. The fund shall be expended at the direction of the commissioner of the department of agricultural resources in consultation with the secretary of energy and environmental affairs and the advisory committee established under clause (b) in this section, subject to approval by the secretary of administration and finance only for the purposes stated in this section and any unexpended balances in the fund at the end of the fiscal year shall not revert and shall be available for expenditures in the subsequent fiscal year.

(b) There shall be an advisory committee to be appointed by the governor consisting of 13 members including the commissioner of the department of agricultural resources who shall serve as chair; 2 of whom with academic or research experience in the agriculture and cranberry economy and 10 members of geographically diverse regions of the commonwealth, with at least 1 from the following sectors: horticulture, cranberry growing, dairy farming, raising livestock, or raising crops. The Agricultural Innovation Center shall consult with the advisory committee in matters related to the fund and in the implementation of this section.

The advisory committee shall annually hold at least 1 public hearing to receive public testimony to inform its efforts in developing and deploying grant programs.”.

SECTION 9. Section 6C of chapter 20 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking, in line 3, the figure “17” and inserting in place thereof the following figure:- “18”.

SECTION 10. Said section 6C of said chapter 20, as so appearing, is further amended by inserting in line 16 after the word “designee” the following words: -; “1 of whom shall be an expert in regenerative agriculture under chapter 128 appointed by the secretary of energy and environmental affairs.”.

SECTION 11. Said section 6C of said chapter 20, as so appearing, is hereby further amended by inserting after the word “foods” in line 35 the following words: -“; especially those produced using regenerative agriculture under chapter 128.”.

SECTION 12. Said section 6C of said chapter 20, as so appearing, is hereby further amended by inserting after the word “resources” in line 42 the following words: -“particularly through regenerative agriculture under chapter 128.”.

SECTION 13.Section 10H of chapter 21A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the sixth, seventh and eighth paragraphs, and inserting in place thereof the following 4 paragraphs:-

“A person notified to appear before the clerk of a district court, as provided in said section 10G, for any violation of sections 17A, 18, 19, 30, 31, 33, 34, 35, 36, 51, 51A, 66, 69, 70, 71, 72, 100C or 102 of chapter 130 may so appear within the time specified and pay a fine of $100.

A person notified to appear before the clerk of a district court, as provided in said section 10G, for any violation of sections 13, 17, 21, 29, 37, 38, 38A, 39, 40, 41, 41A, 44, 44A, 44B, 47, 49, 80, 81, 82, 92, 100A, 100B or 106 of chapter 130 may so appear within the time specified and pay a fine of $200.

A person notified to appear before the clerk of a district court, as provided in said section 10G, for any violation of sections 23, 25, 67, 68, 75, 95 or 100D of chapter 130 may so appear within the time specified and pay a fine of $400.

A person notified to appear before the clerk of a district court, as provided in said section 10G, for any violation of sections 17, 17A, 34, 35, 37, 40, 41, 41A, 44, 44A, 44B, 95, 100A, 100B or 100C of chapter 130 may so appear within the time specified and pay, in addition to the applicable base fine specified in this section for a violation of any of the sections listed above, a supplemental fine of $10 per fish for a violation of each said section. For the purpose of this paragraph, the term “fish” shall be defined as provided in section 1 of chapter 130, except that it shall not include bi-valve shellfish.”.

SECTION 14.Said chapter 21A of the General Laws is hereby amended by adding the following 2 sections:-

“Section 27. (a) There shall be established within the executive office of energy and environmental affairs a program to facilitate the transfer of development rights, as defined in section 1A of chapter 40A, through municipal ordinances or bylaws as a way to protect conservation values and encourage development through market incentives. The secretary, in consultation with the secretary of housing and economic development and other agencies or offices as appropriate, shall manage and oversee the program, including the administration of the Transfer of Development Rights Revolving Fund established in section 35GGG of chapter 10. The secretary may promulgate regulations to carry out the provisions of this section.

(b) To be eligible for a loan from the Transfer of Development Rights Revolving Fund, a municipality shall—

(1) establish a municipal transfer of development rights revolving fund under section 53E½ of chapter 44 to be used in connection with the purchase and sale of transferable development rights, as defined in section 1A of chapter 40A; and

(2) enact a transfer of development rights zoning bylaw or ordinance approved by the secretary, in consultation with the secretary of housing and economic development and other agencies or offices as appropriate, that, at a minimum—

(i) enables the acquisition, retention, and disposition of transferable development rights;

(ii) provides reasonable assurance that areas designated for preservation through the transfer of development rights have ample natural resource, agricultural, recreational, historic, or other conservation value such that their protection will be of sufficient public benefit to meet the standards for approval of a conservation, agricultural preservation, watershed protection, preservation, or other use restriction as provided in the following paragraphs;

(iii) requires that the land from which development rights will be extinguished be subject to a permanent conservation, watershed preservation, agricultural preservation, or preservation restriction in accordance with sections 31 to 33, inclusive, of chapter 184, which shall be recorded with the registry of deeds or registered in the registry district of the land court for the county or district wherein the land lies; or, if the land is submitted for approval by the appropriate state official but does not qualify, or is otherwise not approved, for a restriction under these sections, shall be subject to a restrictive covenant extended in perpetuity in accordance with sections 26 to 30, inclusive, of said chapter 184, which shall be approved by the planning board and the city council or board of selectmen, as appropriate, held by the municipality or a non-profit organization permitted to hold restrictions pursuant to section 32 of said chapter 184, and as applicable duly recorded or registered;

(iv) provides reasonable assurance that areas designated for receipt of transferred development rights are properly sized based on the potential increase in growth that may result from the transfers to them, and that they are appropriate for additional growth based on their location, availability of infrastructure or planned infrastructure development, and access to municipal services; and

(v) establishes a procedure for the planning board to issue development rights certificates, in a form specified by the secretary, indicating ownership of transferable development rights, and to provide for and document the creation, acquisition, disposition, exercise and redemption of transferable development rights, including procedures for the filing of development rights certificates with the municipal clerk and recording with the registry of deeds or registration in the registry district, as applicable, for both the land from which development rights are extinguished and the land to which such rights are transferred; procedures for documenting the recording or registration of the original restriction or restrictive covenant as required in clause (iii); and procedures, including limitations if any, for the exercise of transferable development rights in the event of subsequent amendments to zoning ordinances and bylaws affecting the development authorized by the transferable development right.

(c) To apply for a loan from the Transfer of Development Rights Revolving Fund, an eligible municipality shall submit an application that certifies, at a minimum, that the municipality will—

(1) follow the provisions of chapter 30B when acquiring or disposing of transferable development rights;

(2) commit, through approval of the local legislative body, to repay any loan from the Transfer of Development Rights Revolving Fund under the terms then specified;

(3) keep permanent records of all restrictions recorded and transferable development rights created, acquired, held, sold or disposed, and exercised, and report on these activities to the secretary in a manner directed by the secretary; and

(4) keep permanent records of all financial transactions involving the municipal transfer of development rights revolving fund and report on these transactions and fund balances to the secretary in a manner directed by the secretary.

(d) Loans from the Transfer of Development Rights Revolving Fund shall carry 0 per cent interest for the first 5 years from the date of origination, and the prime rate plus 1 per cent from the sixth to the tenth year from the date of origination. A municipality that has not repaid its loan within 10 years of the origination date shall be considered in default. In addition to other remedies specified under any loan agreement, if any municipality shall fail to pay to the Transferable Development Rights Revolving Fund when due and after demand any principal, interest or other charges payable under a loan or loan agreement, the secretary may certify to the state treasurer the amount owing to the Transferable Development Rights Revolving Fund by said municipality, and may request that the state treasurer reduce annual local aid to the recipient by the amount necessary to repay the principal, interest or other charges in arrears over 10 years. The state treasurer shall promptly pay over to the secretary for deposit in the Transferable Development Rights Fund without further appropriation any local aid distributions in the amounts requested by the secretary and otherwise certified to the state treasurer as payable to the municipality. The loan terms set forth in this subsection may be modified by regulations promulgated by the secretary; provided, however, that no such modification shall be made before January 1, 2022.

Section 28. The Environmental Justice Act.

(a) As used in this section, the following words shall, unless the context clearly indicates otherwise, have the following meanings:-

‘Department’, the department of environmental protection.

‘Environmental justice’, the right to be protected from environmental pollution and to live in and enjoy a clean and healthful environment regardless of race, income, national origin, or English language proficiency. Environmental justice shall include the equal protection and meaningful involvement of all people with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies and the equitable distribution of environmental benefits.

‘Environmental benefits’, access to funding, open space, enforcement, technical assistance, training, or other beneficial resources disbursed by the executive secretariats and their agencies and offices.

‘Environmental justice population’, (1) a neighborhood in which (i) the annual median household income is equal to or less than 65 per cent of the statewide median; (ii) minorities comprise 25 per cent or more of the population; or (iii) 25 per cent or more of households lack English language proficiency; or (2) may be defined by the executive office of energy and environmental affairs, or its subordinate agencies in an environmental justice strategy issued pursuant to this act; provided that any the definition shall meet at least 1 of the requirements of clauses (i) through (iii) of paragraph (1) of this definition.

‘Equal protection’, that no group of people, because of race, ethnicity, class, gender, or handicap bears an unfair share of environmental pollution from industrial, commercial, state and municipal operations or have limited access to natural resources, including waterfronts, parks and open space, and water resources.

‘Lacking English language proficiency’, refers to households that, according to federal census forms, do not have an adult proficient in English.

‘MEPA’, the Massachusetts Environmental Policy Act, sections 61 through 62H of chapter 30 of the General Laws.

‘Neighborhood’, a census block group as defined by the United States Census Bureau but not including people who live in college dormitories or people under formally authorized, supervised care or custody such as federal or state prisons.

‘Secretariats’, the executive offices of the commonwealth and their secretaries, including the executive offices and secretaries of energy and environmental affairs, health and human services, and department of transportation.

‘Supplemental environmental project’ or ‘SEP’, environmentally beneficial projects, the implementation of which primarily benefits public health, safety and welfare, and the environment.

‘Toxics Release Inventory’ or ‘TRI’, the Toxics Release Inventory and Toxics Release Inventory Program of the United States Environmental Protection Agency.

‘TRI Facility’, any industrial or commercial facility subject to the regulations, policies, or reporting requirements of the Toxics Release Inventory Program of the United States Environmental Protection Agency or comparable laws or regulations of the commonwealth for the management and control of pollutants or toxins that pose a significant risk to public health or the environment.

(b) There shall be an environmental justice advisory council (in this section referred to as the ‘advisory council’). The advisory council shall provide independent advice and recommendations to the governor, the secretary, and other secretariats about issues related to environmental justice and on policies and practices and specific actions that the commonwealth should implement to ensure that the objectives of this act are accomplished.

The advisory council shall consist of at least 9, but not more than 15 members, including a chair designated by the council members and approved by the governor. No less than 2 members shall be appointed by the senate president and no less than 2 members by the speaker of the house of representatives. The governor shall appoint the remaining members.

The advisory council members shall be environmental justice stakeholders, including scientific, or other, experts in environmental or public health matters holding academic position in colleges, universities or other research institutions and who work regularly in, or conduct substantial research regarding environmental justice concerns; representatives of the environmental nonprofit sector; representatives of conservation commissions or boards of health; and residents or elected officials of environmental justice population neighborhoods. No fewer than 4 of the members appointed to the advisory council shall be residents of environmental justice population neighborhoods within the commonwealth.

A majority of the serving members of the advisory council shall be deemed a quorum. The advisory council shall establish such rules for conducting its activities and may amend such rules as it deems reasonable, subject to the governor’s approval and consistent with the provisions and purposes of this act.

The advisory council shall meet at such times and places as determined by the advisory council and its chair and shall submit an initial report to the governor within 6 months following the appointment of the advisory council’s members. Thereafter the advisory council shall meet at least semi-annually and submit to the governor no less than 1 supplemental report that provides advice and recommendations per year.

The advisory council may hold public meetings, at its discretion or at the request of the governor or the secretary, for the purpose of fact-finding, receiving public comments, or conducting inquiries concerning environmental justice. The advisory council shall prepare for public review and include in its reports a summary of the comments and recommendations made at the public meetings.

The governor shall provide the advisory council with staffing and administrative support sufficient to accomplish the goals set out in this section.

(c) The department shall develop and implement a strategy prioritizing enforcement in neighborhoods with environmental justice populations. At the end of each calendar year, the department shall compile a report detailing the number and types of enforcement actions in neighborhoods with environmental justice populations.

The strategy shall also address ensuring equal compliance and enforcement for facilities subject to environmental regulatory programs or permitting requirements and located in or near environmental justice population neighborhoods; establishing a process for reviewing which MEPA thresholds apply for enhanced public participation and substantive review; ensuring brownfield remediation in or near environmental justice population neighborhoods; and creating an online environmental justice repository of information about the commonwealth’s environmental justice initiatives, available to the general public upon request.

(d) The department shall establish and maintain a Supplemental Environmental Project bank. Such bank shall maintain an inventory of environmentally beneficial projects in communities with environmental justice populations that may be funded by violators in lieu of paying penalties associated with the settlement of enforcement actions. SEPs shall conform to the department’s policy on Supplemental Environmental Projects, ENF-07.001, as amended. The department shall establish and maintain a website portal where the public and potential SEP recipients may submit potential SEP projects to be considered for future settlements.

(e) The secretary shall, in consultation with the other secretariats and no less often than every 5 years, publish a progress report on environmental justice, incorporating the recommendations of the advisory council as appropriate, incorporating enforcement and SEP activities undertaken, reporting metrics on reduction of pollution in neighborhoods with environmental justice populations, and outlining further policy actions. The report shall be filed with the clerk of the house or representatives, the clerk of the senate, the chairs of the joint committee on environment, natural resources and agriculture, the chairs of the joint committee on public health, and the chairs of the joint committee of telecommunications, utilities, and energy.

(f) The department shall work with the department of public health, and using the best available science, establish health risk assessment guidelines and develop a mapping tool, accessible by the public that helps identify communities most affected by sources of pollution. The tool should employ environmental, health, and socioeconomic information to produce scores for every census tract in the commonwealth. The department of public health shall prioritize the census tracts with the highest scores for health studies and developing strategies for reducing public health threats.

(g) The secretary shall direct each department, board, or other agency or program with jurisdiction over the permitting of any TRI facility to issue recommendations for ways to substantially decrease the further siting or expansion of TRI facilities within environmental justice population neighborhoods.

By no later than 180 days after the effective date of this act, the secretary shall initiate a rule-making process that shall establish a cap on the total number of TRI facilities that may be sited or expanded within any environmental justice population neighborhood. That rule-making process shall prioritize and give substantial weight to achieving a substantial reduction of the risk of the exposure of residents of the neighborhood to toxins listed in the TRI Inventory and shall prioritize and give substantial weight to providing and preserving the access of the residents of the neighborhood to a clean and healthful environment regardless of race, income, national origin or English language proficiency.

(h) The secretary shall appoint a director of environmental justice for the secretariats. The director of environmental justice shall have such duties and authority as the secretary deems reasonable to ensure that the purposes of this act are carried out. The director shall liaise with the advisory council and other secretariats and may have any other duties that the secretary deems necessary to secure environmental justice. The secretary shall not permit the position of director of environmental justice to be vacant for more than 60 days.

All secretariats shall designate an environmental justice coordinator. The environmental justice coordinator shall be the main point of contact regarding environmental justice matters within that secretariat, shall liaise with the director of environmental justice, and shall be responsible for developing and implementing the environmental justice policy or strategy of that Secretariat, as created pursuant to this Act or any other law, regulation, or order.

(i) Except as otherwise provided for in this section, each secretariat shall develop a policy or strategy to promote environmental justice that are tailored to the specific authority, mission, and programs under their jurisdiction. Secretariat strategies shall include— (1) the identification of permitting or other regulatory authority governing development projects, brownfield remediation, industrial operations, and commercial facilities, which may impact environmental justice populations; and the description of protections for environmental justice populations in the review process; (2) the identification of economic development opportunities, environmental benefits, and other discretionary funding programs that do, or appropriately should, consider the needs of an environmental justice population in the award process; and (3) an enhanced public participation plan for environmental justice populations potentially affected by development projects, brownfield remediation, industrial operations, and commercial facilities that focuses secretariat resources on outreach activities that enhance public participation opportunities in environmental justice populations, including a plan for communicating in multiple languages and scheduling public meetings at locations and times convenient for neighborhood stakeholders. In determining whether a program protects or considers the needs of an environmental justice population, the policy or strategy may use an existing definition of ‘protected population’ or ‘priority population’ that varies from the definition under this section; provided that the intent of this section is substantially met by such definition. Secretariat policies or strategies shall be reviewed every 5 years, and updated as needed.

(j) There shall be an interagency environmental justice working group that shall maximize state resources, research, and technical assistance to further the purposes of this section and of environmental justice in the commonwealth. Said working group shall consist of environmental justice coordinators, which serve as representatives of their respective secretariats to the interagency environmental justice working group.

The director of environmental justice of the executive office of energy and environmental affairs shall convene meetings of the interagency environmental justice working group and serve as chair. Said working group shall hold at least 1 meeting per year.”.

SECTION 15.Section 1 of chapter 21N of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the first paragraph the following definition:-

“‘Adaptation’, adjustments in natural or human systems in response to actual or expected climatic stimuli and associated impacts, including but not limited to changes in processes, practices, and built and natural structures to increase resiliency, moderate potential damages, or benefit from opportunities associated with climate change.”.

SECTION 16.Said section 1 of said chapter 21N, as so appearing, is hereby further amended by inserting after the definition of “Greenhouse gas emissions source” the following definition:-

“‘Hazard mitigation’, actions that reduce or eliminate long-term risks caused by natural or man-made disasters.”.

SECTION 17. Said section 1 of said chapter 21N, as so appearing, is hereby further amended by inserting after the definition of “Market-based compliance mechanism” the following definition:-

“‘Nature-Based Solutions’, strategies that conserve, create, restore and employ natural resources to enhance climate adaptation, resilience, and mitigation. Nature-based solutions mimic natural processes or work in tandem with man-made engineering approaches to address natural hazards like flooding, erosion, drought, and heat islands. Nature-based solutions can also maintain healthy natural cycles to sequester and maintain carbon and other greenhouse gases.”.

SECTION 18.Said section 1 of said chapter 21N, as so appearing, is hereby further amended by inserting after the definition of “Secretary” the following definition:-

“‘State plan’, the integrated state climate adaptation and hazard mitigation plan which shall include the state hazard mitigation plan, required by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288; 42 U.S.C. § 5121 et seq., and any subsequent revisions of the plan developed pursuant to this chapter.”.

SECTION 19.Said section 1 of said chapter 21N, as so appearing, is hereby further amended by adding the following definition:-

“‘Vulnerability assessment’, an evaluation of degree of susceptibility to, or ability to cope with, adverse effects of climate change, such as climate variability and extremes, including an evaluation of adaptive capacity and subsequent adaptation strategies and options for the asset, system, institution or other subject being assessed.”.

SECTION 20.Said chapter 21N is hereby amended by adding the following 2 sections:-

“Section 10. (a) The secretary and the secretary of the executive office of public safety and security shall coordinate efforts across the commonwealth to strengthen the resilience of our communities, prepare for the impacts of climate change, and prepare for and mitigate damage from extreme weather events. In order to facilitate this coordination, the secretaries shall publish, every 5 years, a state plan that includes a statewide adaptation strategy incorporating (1) a vulnerability assessment of populations subject to environmental justice protections, as described in section 28 of chapter 21A of the General Laws. Such assessment shall evaluate the risk to those populations of the impacts of climate change including excessive heat, stronger storms and associated flooding, and accelerated sea-level rise; (2) observed and projected climate trends based on the best available data, including but not limited to, extreme weather events, drought, coastal and inland flooding, sea level rise and increased storm surge, wildfire, and extreme temperatures; (3) risk analysis and vulnerability assessment of key physical assets and functions of state government, natural resources, local economies, municipalities, and the built environment, to identify impacts and opportunities from climate change; provided, however this analysis and assessment shall include key findings from vulnerability assessments conducted pursuant to subsection (b); (4) an evaluation of the commonwealth’s adaptive capacity to respond and make adjustments to adapt to climate change impacts and opportunities; (5) guidance and strategies for state agencies and authorities, municipalities and regional planning agencies to proactively address these impacts through adaptation and resiliency measures, including guidance regarding changes to plans, by-laws, regulations, and policies; (6 clear goals, expected outcomes, and a path to achieving results; (7) approaches for the commonwealth to lead by example to increase the resiliency of state government operations; (8) policies and strategies for ensuring that adaptation and resiliency efforts complement and do not conflict with efforts to reduce greenhouse gas emissions and contribute to meeting statewide emission limits, established pursuant to this chapter; and (9) strategies that conserve and sustainably employ the natural resources of the commonwealth to enhance climate adaptation, build resilience and mitigate climate change.

(b) The secretary and the secretary of the executive office of public safety and security shall further (1) establish and maintain a framework for each executive office, established under section 2 of chapter 6A, to complete a vulnerability assessment for such office and each agency under the jurisdiction of such office to be incorporated continuously into the state plan; (2) establish and maintain a framework enabling each municipality in the commonwealth that so chooses to complete a vulnerability assessment that can be incorporated continuously into the state plan; (3) continuously implement the state plan; and (4) incorporate information learned from implementing the state plan in plan updates, including the experiences of executive offices, agencies, and municipalities in assessing and responding to climate change vulnerability.

(c) The secretary of each executive office established under section 2 of chapter 6A shall designate an employee to serve as the climate change coordinator of such office. Each climate change coordinator shall (1) serve as such office’s principal liaison regarding climate change mitigation, adaptation, and resiliency efforts; (2) assist in the development and implementation of the state plan under the leadership of personnel from the executive office of energy and environmental affairs and the executive office of public safety and security; (3) work with agencies under the jurisdiction of such office to complete vulnerability assessments for each agency and assist in incorporating these assessments into the state plan, on a schedule determined by the executive office of energy and environmental affairs and the executive office of public safety and security; (4) complete vulnerability assessments for such office, informed by the vulnerability assessments of each agency under the jurisdiction of such office and assist in incorporating these assessments into the state plan, on a schedule determined by the executive office of energy and environmental affairs and the executive office of public safety and security; and (5) continuously implement priority strategies and recommendations from the vulnerability assessment, to moderate risk from climate change.

Section 11. (a) The secretary shall develop and support a municipal vulnerability preparedness grant program. The program shall consist of (1) financial assistance to municipalities to complete a community-led resilience building process and vulnerability assessment that enables climate change information and adaptation actions to be directly incorporated into existing municipal plans, policies, and spending programs; (2) technical planning guidance to increase resilience in municipalities through climate vulnerability assessments; (3) a statewide catalogue of municipal climate vulnerabilities and impacts identified through the assessment process that may be incorporated into the state plan; and (4) support for implementation projects to address vulnerabilities identified through the planning process; and (5) provide technical assistance to help communities identify, prioritize, and optimize solutions, including, but not limited to, nature-based solutions.

(b) A grant of financial assistance issued under this section shall be used to advance efforts to adapt land use, zoning, infrastructure, financial decision-making, policies and programs to reduce the vulnerability of the built and natural environment to changing environmental conditions that are a result of climate change.

(c) The secretary shall develop and implement an outreach and education program about climate change and its effects for low-income, environmental justice and urban communities to increase participation in the grant program established in this section.”.

SECTION 21.Section 21 of chapter 25 of the General Laws, as so appearing, is hereby amended by striking out in lines 4, 14, 19, 24, and 101, the word “reduction,” and inserting in place thereof, in each instance, the following word:- “management”.

SECTION 22.Subsection (b)(1) of said section 21 of said chapter 25, as so appearing, is hereby further amended by—

(a) striking out, in line 11, the word “electric” and inserting in place thereof the following word:- “energy”; and

(b) adding the following sentence:- “Notwithstanding any other provision in this section, an electric distribution company or municipal aggregator may not provide natural gas efficiency services.”.

SECTION 23.Said section 21 of said chapter 25, as so appearing, is hereby further amended by inserting after the words “management programs,” in line 34, the following words:- “including energy storage and other active demand management technologies, and strategic electrification, such as measures that are designed to result in cost-effective reductions in greenhouse gas emissions through the use of expanded electricity consumption while minimizing ratepayer costs;”.

SECTION 24.Said section 21 of said chapter 25, as so appearing, is hereby further amended by striking out, in line 51, the word “and”.

SECTION 25.Said section 21 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “management,” in line 52, the following words:- “; and (J) programs that result in customers switching to renewable energy sources.”.

SECTION 26. Chapter 29 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out section 2III and inserting in place thereof the following section:-

“Section 2III. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Agricultural Resolve and Security Fund, the funds of which shall be expended to foster agriculture, as defined in section 1A of chapter 128, in the commonwealth including, but not limited to, agricultural education, support for sustainable agriculture and pollution prevention, agricultural integrated pest management programs, agricultural land preservation, control of animal diseases, emergency preparedness, agricultural innovation, the agricultural food safety improvement program, the farm viability enhancement program and the urban agriculture program.

The Agricultural Resolve and Security Fund may receive monies from (1) gifts, grants and donations from public or private sources; (2) federal reimbursements and grants-in-aid; (3) revenues retained equal to 10 per cent, but not exceeding $400,000, of annual pesticide product registration fees collected pursuant to section 7 of chapter 132B; and (4) any interest earned from the fund. The state treasurer shall receive, deposit and invest funds held in such a manner as to ensure the highest interest rate available consistent with the safety of the fund. The books and records of the fund shall be subject to an annual audit by the state auditor. The department may expend such funds and no expenditure from the fund shall cause it to be in deficiency at the close of a fiscal year. The commissioner of the department of agricultural resources shall report annually to the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture on income received into the fund and sources of that income, any expenditure from the fund and their purposes and fund balances. Monies deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.”.

SECTION 27. Chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after section 2VVVV the following section:-

“Section 2WWWW. (a) There shall be a fund to be known as the Massachusetts Healthy Soils Program Fund. The fund shall be administered by the department of agricultural resources. Notwithstanding any general or special law to the contrary, there shall be credited to the fund any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund and any gifts, grants, private contributions or investment income earned by the fund’s assets and all other sources. No expenditure from the fund shall cause the fund to be in deficiency at the close of the fiscal year. Money in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.

(b) Funds shall be expended to enhance the education, training, employment, income, productivity and retention of those working or aspiring to work in the field of regenerative agriculture, and in providing incentives for regenerative agriculture in the commonwealth. The department of agricultural resources, in consultation with the department of environmental protection and the commission for conservation of soil, water and related resources, shall establish, develop and implement the Massachusetts Healthy Soils Program in furtherance of this purpose. Amounts credited to the fund shall be used, without further appropriation, for the costs associated with administering and implementing the program and may also be used to provide grants or loans on a competitive basis to public, private and charitable entities to finance projects in furtherance of the Massachusetts Healthy Soils Program. Expenditures from the fund for this purpose shall complement and not replace existing local, state, private or federal funding for related training and educational programs.”.

SECTION 28. Section 62B of chapter 30 of the General Laws is hereby amended by striking the first sentence of the third paragraph and inserting, in place thereof, the following sentence:-

“An environmental impact report shall contain statements describing the nature and extent of the proposed project; potential environmental impacts and public health impacts resulting from the construction and operation of the proposed project; proposed studies or program of studies designed to evaluate potential environmental impacts and public health consequences that cannot be avoided should the project be undertaken; and reasonable alternatives to the proposed project and their environmental consequences and public health consequences that cannot be avoided should the project be undertaken; and reasonable alternatives to the proposed project and their environmental consequences and public health consequences.”.

SECTION 29. Section 62C of chapter 30 of the General Laws is hereby amended by inserting, after the second paragraph, the following paragraph:-

“To enable the public to participate in decisions that affect their health and safety and the environment, the executive office shall maximize opportunities for public involvement. Such opportunities shall encourage consultation with the public early in the application processes to foster a robust analysis and the active involvement of the interested or affected persons. In cases where the proposed project has the potential to impact a neighborhood with an environmental justice population lacking English language proficiency, said environmental impact report shall be in English and in any other language spoken by the environmental justice population, describing the proposed facility and its location, the range of potential environmental and health impacts of each pollutant, the application and review process, and a contact person, with phone number and address, from whom information will be available as the application proceeds.”.

SECTION 30. Section 62E of chapter 30 of the General Laws is hereby amended by inserting, after the first paragraph, the following paragraph:-

“However, no agency shall exempt any project located in an environmental justice population neighborhood and reasonably likely to cause damage to the environment as described in section 61, from the provisions of sections 62 to 62H inclusive. This paragraph shall not apply to emergency actions essential to avoid or eliminate a threat to public health or safety, or a threat to any natural resources, undertaken in compliance with section 62F.”.

SECTION 31.Section 1A of chapter 40A of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Special permit granting authority” the following 2 definitions:-

“‘TDR zoning’, zoning that authorizes transfer of development rights by permitting landowners in specific preservation areas identified as sending areas to sell their development rights to landowners in specific development districts identified as receiving areas.

‘Transfer of development rights’, the regulatory procedure whereby the owner of a parcel may convey development rights, extinguishing those rights on the first parcel, and where the owner of another parcel may obtain and exercise those rights in addition to the development rights already existing on that second parcel.”.

SECTION 32.Section 9 of said chapter 40A, as so appearing, is hereby amended by inserting after the word “interests,” in line 34, the following words:- “; provided however, that nothing herein shall prohibit a zoning ordinance or by-law from allowing transfer of development rights to be permitted as of right, without the need for a special permit or other discretionary zoning approval.”.

SECTION 33.Section 6F of chapter 62 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “under,” in line 52, the following words:- “subsections (a) or (c) of”.

SECTION 34.Section 5 of chapter 65C, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsections:-

“(c) If the gross estate of a decedent, dying on or before December 31, 2018, includes real property devoted to use as a farm for farming purposes, the estate may elect to value such property in accordance with section 2032A of the Code, in effect on January 1, 1985. If a federal return is required to be filed, such election shall be consistent with the election made for federal estate tax purposes. All the substantive and procedural provisions of said section 2032A shall, insofar as pertinent and consistent, apply to such election. The commissioner shall promulgate regulations to carry out the provisions of this subsection.

(d)(1) As used in this subsection, the following words shall have the following meanings:-

‘Applicable date’, the date upon which the 10 year period that the estate shall be liable for assessment under paragraph (4) of this subsection begins. For qualifying agricultural land and associated land, the applicable date shall be the date of death of the decedent. For qualifying non- committed land, the applicable date shall be 2 years from the date of death of the decedent.

‘Associated land’, land under the same ownership as and contiguous to qualifying agricultural land and which, as of the date of death of the decedent, is not committed to residential, industrial or commercial use. Land shall be deemed contiguous if it is separated from other land under the same ownership only by a public or private way or waterway. Land under the same ownership shall be deemed contiguous if it is connected to other land under the same ownership by an easement for water supply. Any such land in excess of 100 per cent of the acreage of qualifying agricultural land shall be deemed qualifying non-committed land.

‘Closely held agricultural land’, qualifying agricultural land, associated land and qualifying non-committed land for which an election is made under this subsection.

‘Qualifying agricultural land’, land which meets the definition of forest land under chapter 61, land actively devoted to agricultural, horticultural or agricultural and horticultural uses under chapter 61A or recreational land under chapter 61B that is also used for farming or agriculture, as defined in section 1A of chapter 128, and has been devoted to such use or uses for at least 2 of the tax years immediately preceding the death of the decedent; provided, however, that the land need not be classified by municipal assessors as forest land under chapter 61, land actively devoted to agricultural, horticultural or agricultural and horticultural uses under chapter 61A or recreational land under chapter 61B to qualify for valuation as closely held agricultural land under this subsection.

‘Qualifying non-committed land’, land which is not qualifying agricultural land and is not committed to residential, industrial or commercial use, including associated land in excess of 100 per cent of the acreage of qualifying agricultural land.

‘Savings’, the difference between the estate taxes paid as a result of an election made under this subsection and the estate taxes that would have otherwise been paid had the election not been made.

(2) If the gross estate of a decedent, dying on or after January 1, 2019, includes real property that is qualifying agricultural land, associated land or qualifying non-committed land, the estate may elect to value such property, or any portion thereof, as closely held agricultural land pursuant to the valuation set by the farmland valuation advisory commission established pursuant to section 11 of chapter 61A for the fiscal year of the most recent growing season. The value of closely held agricultural land as determined pursuant to such election shall only be for the purposes of computing the tax due under this chapter. Such election shall be subject to the provisions of paragraphs (3) through (6), inclusive, of this subsection.

(3) Unless the property is restricted by a non-development covenant that (i) is approved by the commissioner of agriculture, (ii) is for the purposes of maintaining the land in agricultural use, (iii) precludes non-agricultural development of the land, (iv) is recorded at the registry of deeds in the counties or districts in which the property is located and (v) does not expire within 10 years of the applicable date, the commissioner shall forthwith cause to be recorded in the registry of deeds of the counties or districts in which the property is situated a statement which shall constitute a lien upon the land covered by election under this subsection. The statement shall include the owner or owners of record, the savings as a result of such election, the fair market value of the property and a description of the land adequate for identification. Unless such a statement is recorded the lien shall not be effective with respect to a bona fide purchaser or other transferee without actual knowledge of such lien. Upon application by any record owner, such liens shall be released by the commissioner with respect to any property upon the facts being established by their records or by affidavits or otherwise that all assessments have been paid, or it being more than 10 years past the applicable date, no assessment being due. All recording fees paid under this subsection whether for statements of liens, certificates, releases, or otherwise shall be borne by the owner of record of the land.

Property restricted by an agricultural preservation restriction as defined by section 31 of chapter 184 and signed by the commissioner of agriculture shall be deemed to be restricted by a non-development covenant that (i) is approved by the commissioner of agriculture, (ii) is for the purposes of maintaining the land in agricultural use, (iii) precludes non-agricultural development of the land, (iv) is recorded at the registry of deeds in the counties or districts in which the property is located and (v) does not expire within 10 years of the applicable date.

(4)(i) When land valued as closely held agricultural land under this subsection, within a period of 10 years from the applicable date, is sold for other use or no longer qualifies as closely held agricultural land, the owner or owners shall immediately notify the commissioner of such sale or change of use and an assessment shall be due the commonwealth. Such assessment shall be calculated with interest based on the date of sale for other use or based on the last date of use as closely held agricultural land as follows:

The assessment shall be equal to 100 per cent of the savings if such date is within 1 year of the applicable date; 90 per cent of the savings if such date is within 2 years, but more than 1 year, of the applicable date; 80 per cent of the savings if such date is within 3 years, but more than 2 years, of the applicable date; 70 per cent of the savings if such date is within 4 years, but more than 3 years, of the applicable date; 60 per cent of the savings if such date is within 5 years, but more than 4 years, of the applicable date; 50 per cent of the savings if such date is within 6 years, but more than 5 years, of the applicable date; 40 per cent of the savings if such date is within 7 years, but more than 6 years, of the applicable date; 30 per cent of the savings if such date is within 8 years, but more than 7 years, of the applicable date; 20 per cent of the savings if such date is within 9 years, but more than 8 years, of the applicable date; 10 per cent of the savings if such date is within 10 years, but more than 9 years, of the applicable date; and no assessment shall be due if such date is more than 10 years from the applicable date.

Such assessment shall also include interest calculated at a simple interest rate of 5 per cent per annum on the savings from the applicable date.

There shall be an additional assessment equal to 30 per cent of the savings if the date of sale for other use or the last date of use while qualified as closely held agricultural land occurs within 1 year of the applicable date; and 15 per cent of the savings if such date occurs within 2 years, but more than 1 year, of the applicable date.

(ii) If an election has been made with respect to qualifying non-committed land which, on the applicable date, fails to meet the definition of forest land under chapter 61, land actively devoted to agricultural, horticultural or agricultural and horticultural uses under chapter 61A or recreational land under chapter 61B that is also used for farming or agriculture, as defined in section 1A of chapter 128, an assessment shall be due the commonwealth and payable by the owner or owners within 30 days of the applicable date; provided, however, that the land need not be classified by municipal assessors as forest land under chapter 61, land actively devoted to agricultural, horticultural or agricultural and horticultural uses under chapter 61A or recreational land under chapter 61B. Such assessment shall be equal to the sum of (A) 100 per cent of the savings; (B) interest calculated at a simple interest rate of 5 per cent per annum on the savings from the date of death of the decedent; and (C) an additional assessment equal to 30 per cent of the savings.

(iii) Notwithstanding this paragraph, there shall be no assessment if the land involved, or a lesser interest in the land, is acquired for a natural resource by the commonwealth or by a nonprofit conservation organization; provided, however, that if any portion of the land is sold or converted to commercial, residential or industrial use within 10 years after the applicable date by a nonprofit conservation organization, an assessment shall be imposed against the nonprofit conservation organization in the amount that would have been imposed at the time of acquisition of the subject parcel by the nonprofit conservation organization had the transaction been subject to an assessment or, in the case of qualifying non-committed land acquired by a nonprofit conservation organization before the applicable date, the amount that would have been imposed on the applicable date under clause (ii) of this paragraph.

(iv) In the case of sale for other use of closely held agricultural land, other than qualifying non-committed land sold for other use before the applicable date, assessments imposed by this subsection shall be due and payable by the grantor at the time of transfer of the property by deed or other instrument of conveyance. In the case of qualifying non-committed land sold for other use before the applicable date, assessments imposed by this subsection shall be due and payable by the grantor on the applicable date. In the case of change to a non-qualifying use, assessments imposed by this subsection shall be due and payable by the owner or owners within 30 days of the of the last date of use as closely held agricultural land, regardless of the date on which the commissioner was notified by said owner or owners of such change of use.

(v) An assessment shall be imposed on only that portion of land on which the use has changed. If, by conveyance or other action of the owner thereof, a portion of land which is valued as closely held agricultural land under this subsection is separated for other use, the land so separated shall be subject to liability for assessment, interest and additional assessment under this paragraph based on the proportion which the acreage of the land so separated bears to the total acreage of land valued as closely held agricultural land under this subsection.

(5) All buildings located on land which is valued as closely held agricultural land under this subsection and all land occupied by a dwelling or regularly used for family living shall not be valued as provided under this subsection.

(6) The commissioner shall promulgate regulations as necessary to carry out the provisions of this subsection.”.

SECTION 35. Chapter 75 of the General Laws, as so appearing, is hereby amended by inserting after section 47 the following new section:-

“Section 48. (a) An ‘Energy Storage System’ (1) shall be defined as a technology that is capable of absorbing energy, storing it for a period of time and thereafter dispatching the energy; provided, however, that an energy storage system shall (i) reduce the emission of greenhouse gases; (ii) reduce demand for peak electrical generation; (iii) defer or substitute for an investment in generation, transmission or distribution assets; or (iv) improve the reliable operation of the electrical transmission or distribution grid; and (2) provided further, shall (i) use mechanical, chemical or thermal processes to store energy that was generated for use at a later time; (ii) store thermal energy for direct heating or cooling use at a later time in a manner that avoids the need to use electricity at that later time; (iii) use mechanical, chemical or thermal processes to store energy generated from renewable resources for use at a later time; or (iv) use mechanical, chemical or thermal processes to capture or harness waste electricity and to store the waste electricity generated from mechanical processes for delivery at a later time.

(b) There shall be established a Commonwealth Energy Storage Testing Facility that shall serve as a resource for companies developing energy storage systems.

(c) The Commonwealth Energy Storage Testing Facility shall be located upon a campus within the University of Massachusetts, as defined by section 1 of chapter 75 of the General Laws, that meets the following criteria—(1) is located within a gateway city; (2) is located near the Emerging Technologies and Innovation Center; and (3) has access to academic resources necessary for civil, environmental, and nuclear engineering.

(d) The purposes and responsibilities of the Commonwealth Energy Storage Testing Facility shall be to:

(1) Provide research and development, testing and product certification equipment, for the creation of energy storage systems.

(2) Conduct research, development, and certification for new or modified technologies for energy storage systems that can be utilized by business, industry, and government.

(3) Provide a clearinghouse for the dissemination of information and data on existing and new energy storage technologies for the commonwealth and other companies and governmental entities.

(4) Provide expertise and assistance to public officials responsible for establishing government policy and regulations overseeing energy storage systems in an effort to meet statewide energy storage deployment goals.

(e) The Commonwealth Energy Storage Testing Facility shall be allowed to charge a fee for its services.”.

SECTION 36.Section 25 of chapter 90B of the General Laws, as so appearing, is hereby amended by inserting after the word “way,” in line 44, the following words:- “, or upon but to the extreme right of such travelled portion,”.

SECTION 37.The fourth paragraph of said section 25 of said chapter 90B, as so appearing, is hereby amended by adding the following sentence:- “This paragraph shall also apply to any portion of a public way designated by the governmental entity with jurisdiction over such public way, with approval of the chief of police of the municipality in which such portion lies, to permit travel by a recreational vehicle from 1 authorized operating area to another, or permit access by a recreational vehicle to essential services such as fuel, food, and lodging from an authorized operating area. The designated portion shall be the minimum distance necessary to permit such travel or access, but in no event shall exceed 4 miles.”.

SECTION 38. Chapter 94 of the General Laws is hereby amended by inserting after section 13 the following section:-

“Section 13 A½. (a) The department of agricultural resources and the department of public health, acting jointly, shall adopt and promulgate reasonable rules and regulations governing the handling, packaging, storage, testing, and transportation of raw milk; and the licensing of raw milk farmers; provided that non-mechanical refrigeration shall be permitted.

(b) A licensed raw milk farmer may deliver raw milk directly to a consumer, off-site from a farm, provided that a licensed raw milk farmer has a direct, contractual relationship with the consumer. A licensed raw milk farmer may contract with a third-party for delivery, provided that a licensed raw milk farmer shall maintain the contractual relationship with the consumer.

A licensed raw milk farmer may deliver raw milk through a community supported agriculture delivery system (in this section referred to as ‘CSA delivery’) provided that a licensed raw milk farmer shall maintain a contractual relationship with the consumer. Delivery may be made directly to a consumer’s residence or to a pre-established receiving site. Except in the instance of CSA delivery, wherein raw milk shall be kept separate from retail items and may not be accessible to the general public, delivery may not be made to a retail setting.

(c) Subject to section 3 of chapter 40A of the General Laws, a licensed raw milk farmer may sell raw milk from a farm stand even if not contiguous to raw milk dairy.”.

SECTION 39. Section 7A of chapter 128 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Garden” the following definition:-

“‘Regenerative agriculture’, agriculture that improves the health of soils, including but not limited to consideration of depth of topsoil horizons, water infiltration rate, organic carbon content, bulk density, biological activity, biological diversity, and bare ground, and as achieved through practices such as conservation tillage or no-till, cover-cropping, planned grazing, integrated crop-livestock systems, synthetic chemicals reduction, and other methodologies, and in consultation with the commission for conservation of soil, water, and related resources established by chapter 21 section 19.”.

SECTION 40.Chapter 129 of the General Laws is hereby amended by striking out section 18, as appearing in the 2016 Official Edition, and inserting in place thereof the following section:-

“Section 18. (a) Each inspector shall comply with and enforce all orders and regulations directed to them by the director.

(b) The director shall establish mandatory training programs for all municipal animal inspectors. Such training shall be designed to ensure that inspections are conducted on a consistent basis and that inspectors are educated on matters including, but not limited, to animal health and welfare. Every municipal animal inspector shall complete such training within 90 days upon appointment, and every 2 years thereafter. The director may require additional training for animal inspectors as needed.

(c) An inspector who refuses or neglects to comply with this section shall be punished by a fine of not more than $500.”.

SECTION 41. Said chapter 129 of the General Laws is hereby amended by striking out section 25, as appearing in the 2016 Official Edition, and inserting in place thereof the following section:-

“Section 25. Each inspector shall keep a record of all inspections made of animals pursuant to this chapter. The director shall provide forms in any such manner, electronic format or medium necessary to implement this section, including any forms or records to be utilized and kept by inspectors, which shall be retained for no more than 10 years in an electronic database implemented and maintained by the director. The director shall file a report with the department of agricultural resources outlining the process, timeline, and steps for designing and implementing the database by January 6, 2020.”.

SECTION 42.Section 2 of chapter 130 of the General Laws, as so appearing, is hereby amended by striking out the fourth and fifth paragraphs and inserting in place thereof the following paragraph:-

“Whoever violates any provision of this chapter or regulation made under the authority of this chapter, unless otherwise provided, shall be (a) punished by a fine of not less than $400 or more than $10,000, or by imprisonment in the house of correction for not more than 2 ½ years, or both; or (b) liable for a civil penalty not to exceed $10,000 for each such violation. Such civil penalty may be assessed in an action brought on behalf of the commonwealth in the superior or district court.”.

SECTION 43.Section 13 of said chapter 130, as so appearing, is hereby amended by striking out the third paragraph.

SECTION 44.Said chapter 130 is hereby further amended by striking out section 18, as so appearing, and inserting in place thereof the following section:-

“Section 18. No person shall, without right, enter in or upon any building or other structure or any area of land, flats or water, set apart and used by or under authority of the director for conducting scientific experiments or investigations or for propagation or protection of fish, or contrary to regulations fish in waters so set apart and used after the director has caused printed notices of such occupation and use and the purposes thereof to be placed in a conspicuous position upon any such building or other structure or adjacent to any such area of land, flats or water, or injure or deface any such building or other structure or any notice posted as aforesaid, or injure or deface any property used in such experiments or investigations or for such purposes, or otherwise interfere therewith.”.

SECTION 45.Section 19 of said chapter 130, as so appearing, is hereby amended by striking out the fifth paragraph.

SECTION 46.Said section 19 of said chapter 130, as so appearing, is hereby further amended by striking out the third sentence of the sixth paragraph.

SECTION 47.Section 21 of said chapter 130, as so appearing, is hereby amended by striking out the fifth paragraph.

SECTION 48.Said chapter 130 is hereby amended by striking out section 23, as so appearing, and inserting in place thereof the following section:-

“Section 23. Except in the case of emergency imperiling life or property or an unavoidable accident or except in accordance with the terms of a permit issued pursuant to state or federal water pollution control laws, no person shall, from any source, put, throw, discharge or suffer or permit to be discharged or escape into any coastal waters any oil, poisonous or other injurious substance, including but not limited to, sawdust, shavings, garbage, ashes, acids, sewage and dye-stuffs, whether simple, mixed or compound, or heated effluent, which directly or indirectly materially injure fish, fishspawn or seed therein, or takes any such fish by such means, or whoever kills or destroys fish in such waters by the use of dynamite or other explosives, or takes any such fish in such waters by such means, or explodes dynamite or other explosive in such waters.”.

SECTION 49.Section 29 of said chapter 130, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

“No person shall construct or maintain a weir, pound net or a fish trap in the tide water except in accordance with the requirements of this section.”.

SECTION 50.Section 30 of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 51. Said chapter 130 is hereby amended by striking out section 31, as so appearing, and inserting in place thereof the following section:-

“Section 31. No person shall, without the consent of the owner, take or use or destroy, injure or molest any weir, pound net, fish trap, seine, set net or lobster or crab pot or other fishing gear, or any fish car or other contrivance used for the purpose of storing fish, including any such fishing gear which is swept ashore by storm or tide or other natural causes and deposited upon the shore, beaches or flats, whether public or private, or take fish therefrom without the consent of the owner.”.

SECTION 52.Section 33 of said chapter 130, as so appearing, is hereby amended by striking out the sixth sentence.

SECTION 53.Section 34 of said chapter 130, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- “Between March 15 and the following June 15 of any year, no person shall catch or take any smelt from the waters of the commonwealth, or buy, receive, sell or offer or expose for sale, transport or possess a smelt so taken.”.

SECTION 54.Section 35 of said chapter 130, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

“No person shall take or attempt to take a smelt in any other manner than by angling. This section shall not apply to smelt inadvertently taken in a seine or net during the time and in the manner in which fishing is allowed for perch, herring or alewives; provided, that such smelt so taken shall be immediately liberated alive in the waters from which taken.”.

SECTION 55.Section 36 of said chapter 130, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- “No person shall violate the provisions of this section or molest or disturb smelt or their spawn within such closed areas.”.

SECTION 56.Section 37 of said chapter 130, as so appearing, is hereby amended by striking out the first sentence of the fourth paragraph.

SECTION 57.Section 38 of said chapter 130, as so appearing, is hereby amended by striking out, in lines 82 to 84, the words “, and upon failure to do so shall be punished by a fine of not less than twenty-five nor more than one hundred dollars or imprisonment for one month or both”.

SECTION 58. Section 38A of said chapter 130, as so appearing, is hereby amended by striking out the third paragraph.

SECTION 59.Section 39 of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 60. Section 40 of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 61.Section 47 of said chapter 130, as so appearing, is hereby amended by striking out the third sentence.

SECTION 62.Said chapter 130 is hereby amended by striking out section 49, as so appearing, and inserting in place thereof the following section:-

“Section 49. No carrier shall knowingly receive or carry from place to place any lobster or lobster meat in barrels, boxes or other containers not marked as provided in section 47.”.

SECTION 63.Section 51 of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 64.Section 51A of said chapter 130, as so appearing, is hereby amended by striking out the third sentence.

SECTION 65. Section 52 of said chapter 130, as so appearing, is hereby amended by inserting after the word “therefore”, in line 61, the following words:-

“; provided, however, that such city or town shall not charge a veteran, as defined in clause Forty-third of section 7 of chapter 4, who is a resident of the commonwealth, a fee greater than the fee charged to a resident of such city or town.”.

SECTION 66.Said chapter 130 is hereby amended by striking out section 66, as so appearing, and inserting in place thereof the following section:-

“Section 66. No person shall willfully injure, deface, destroy or remove any mark or bound used to define the extent of any shellfish license or grant, or place any unauthorized mark thereon, or tie or fasten any boat or vessel thereto. Any person who violates this section shall be liable in tort for double damages and costs to the licensee or transferee injured by such act.”.

SECTION 67.Said chapter 130 is hereby amended by striking out section 67, as so appearing, and inserting in place thereof the following section:-

“Section 67. No person shall work a dredge, oyster tongs or rakes, or any other implement for the taking of shellfish of any description upon any shellfish grounds or beds covered by a license granted under section 57 or corresponding provisions of earlier laws, or in any way disturb the growth of the shellfish thereon, or discharge any substance which may directly or indirectly injure the shellfish upon any such grounds or beds, without the consent of the licensee or transferee, as the case may be, or, while upon or sailing over any such grounds or beds, cast, haul, or have overboard any such dredge, tongs, rake or other implement for the taking of shellfish of any description, under any pretense or for any purpose whatever, without the consent of the licensee or transferee, as the case may be.”.

SECTION 68.Section 68 of said chapter 130, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

“No person shall, without the consent of the licensee or transferee, dig or take any shellfish or shells from any waters, flats or creeks described in any license granted under section 57, or corresponding provisions of earlier laws, during the continuance of such license or of any renewal thereof.”.

SECTION 69.Section 70 of said chapter 130, as so appearing, is hereby amended by striking out the seventh sentence.

SECTION 70. Section 71 of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 71.Section 72 of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 72.Section 75 of said chapter 130, as so appearing, is hereby amended by striking out the first and second sentences of the second paragraph and inserting in place thereof the following sentence:-

“Whoever, without a permit as provided in this section or contrary to the provisions of such permit, digs or takes shellfish for any purpose from any area determined under section 74 or section 74A or under corresponding provisions of earlier laws to be contaminated, while such determination is in force, or knowingly transports or causes to be transported or has in their possession or offers for sale shellfish so dug or taken, shall be punished by imprisonment in the house of correction for not more than 2 ½ years, by imprisonment in the state prison for not more than 3 years, a fine of not less than $500 and not more than $10,000, or by both such fine and imprisonment.”.

SECTION 73.Section 80 of said chapter 130, as so appearing, is hereby amended by striking out, in line 73, the words “ten dollars” and inserting in place thereof the following figure:- “$400”.

SECTION 74.Section 81 of said chapter 130, as so appearing, is hereby amended by striking out, in lines 21 to 22, the words “one hundred nor more than ten thousand dollars” and inserting in place thereof the following words:- “$400 nor more than $10,000”.

SECTION 75. Section 82 of said chapter 130, as so appearing, is hereby amended by striking out, in line 18, the words “one hundred” and inserting in place thereof the following figure:- “$400”.

SECTION 76.Section 92 of said chapter 130, as so appearing, is hereby amended by striking out the first two paragraphs and inserting in place thereof the following paragraph:-

“No person shall sell, exchange, transport or deliver, or offer or expose for sale, exchange or deliver, or have in their custody or possession with intent to sell, exchange, transport or deliver, any scallops or sea scallops which have been soaked and shall tag such scallops in accordance with regulations promulgated by the director.”.

SECTION 77.Said chapter 130 is hereby amended by striking out section 95, as so appearing, and inserting in place thereof the following section:-

“Section 95. No person shall take, kill, haul onshore, disturb, injure, hinder, or obstruct the passage of any herring, alewives, or other swimming marine food fish in a fishery created by a city or town, without permission thereof, or that of its lessees; in a fishery legally created by a corporation, without the permission of such corporation; or in a public fishery regulated and controlled by a city or town, contrary to its regulations.

Prosecutions under this section shall be commenced within 30 days after the commission of the offence.”.

SECTION 78.Section 99 of said chapter 130 is hereby repealed.

SECTION 79.Section 100A of said chapter 130, as appearing in the 2016 Official Edition, is hereby amended by striking out the second sentence.

SECTION 80.Section 100B of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 81.Section 100C of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 82.Section 100D of said chapter 130, as so appearing, is hereby amended by striking out the third paragraph.

SECTION 83.Said chapter 130 is hereby amended by striking out section 102, as so appearing, and inserting in place thereof the following section:-

“Section 102. No person shall harvest for sale or engage in the aquaculture of marine plants except in accordance with any regulations adopted by the director and subject to a permit or written approval issued by the director.”.

SECTION 84.Section 103 of said chapter 130 is hereby repealed.

SECTION 85.Subdivision (2) of section 2D of chapter 132A of the General Laws, as so appearing, is hereby amended by adding the following sentence:-

“The commissioner may also offer discounts or waive charges or fees for parking passes for veterans, as defined in section 6A of chapter 115.”.

SECTION 86. Section 14A of chapter 132B of the General Laws, as so appearing, is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-

“(a) Notwithstanding any other section in this chapter, the department may assess a civil administrative penalty, not to exceed $1,000 per violation, on any person who violates any provision of this chapter or any regulations promulgated under this chapter. Provided however, that such assessment shall not occur within a 1 year period until after such person has received 1 warning for the same violation from the department. Each day a violation continues shall constitute a separate violation. Penalties collected under this subsection will be directed to the General Fund.

(b) The remedies provided in this section are available in addition to, and without limiting, any other penalties or remedies provided by law or equity. The department may adopt and promulgate such regulations as may be necessary to effectuate the purposes of this section.”.

SECTION 87.Subsection (c) of said section 14A of said chapter 132B, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

“This penalty shall be assessed in addition to any other civil penalty otherwise provided for by law. Notice of assessment of a penalty pursuant to this section shall be made by service in hand, or by certified mail, return receipt requested, and shall state the amount of the administrative penalty, the date the penalty shall be due, a statement of the violator's right to an adjudicatory hearing pursuant to chapter 30A regarding the assessment, a statement of the actions the person may take in order to avoid assessment of additional penalties or to avoid waiving the right to a hearing relative to the penalty, and the manner of acceptable payment if an election to waive a hearing is made.”.

SECTION 88. The General Laws are hereby amended by inserting after chapter 131A, the following chapter:-

“CHAPTER 131B

PUBLIC LANDS PRESERVATION ACT.

Section 1. Definitions. As used in this chapter, the following words, unless the context clearly requires otherwise, shall have the following meanings:

‘Acquire’ or ‘acquired’, land or an interest in land, obtained by a public owner whether by purchase, exchange, devise, grant, lease, eminent domain, or otherwise.

‘Article 97’, article XCVII of the amendments to the constitution of the commonwealth.

‘Article 97 land’, land, or any interest in land, that is subject to protection under Article 97.

‘Article 97 natural resource purposes’, the Article 97 purposes that are the conservation, development, and utilization of the agricultural, mineral, forest, water, air and other natural resources.

‘Change in use’, (a) a conversion of Article 97 land of a public owner from a dedicated use to a different inconsistent use, excepting any allowed nonconforming reserved use of the Article 97 land.

(b) A valid nonconforming reserved use, including, but not limited to, any building or structure, shall be an allowed use of Article 97 land if (1) declared in a written instrument when land or an interest in land is taken by eminent domain, acquired, or otherwise dedicated as Article 97 land; (2) the use, when not declared by written instrument, is pre-existing and continuing when the Article 97 land is dedicated, provided the use is legally permissible; or (3) allowed by a special law approved by a 2/3rds vote of both branches of the general court.

‘Disposition’, (a) any transfer, conveyance or release of a public owner’s real property interest whether by deed, covenant, or other instrument, or lawful means or process.

(b) A transfer or release of the public owner’s right of legal control in land shall be a disposition under this definition.

(c) ‘disposition’ shall not mean (1) the termination of a lease for the use of land; and (2) a revocable permit or license that authorizes another to use Article 97 land of a public owner, when— (i) the use is consistent with dedicated or allowed uses of the Article 97 land, to include, if a forest, harvesting conducted pursuant to an approved cutting plan; and (ii) the permit or license does not transfer or release a real property interest in the Article 97 land.

‘Executive office of environmental affairs’, the executive office of energy and environmental affairs established under section 1 of chapter 21A.

‘Land’, land that is without or with water, including, without limitation, estuaries, creeks, streams, rivers, ponds, lakes, marshes, floodplains, wetlands and coastal tidelands; but, excluding ocean land lying seaward of the mean low water mark of coastal areas that are within the marine boundaries of the commonwealth.

‘Public owner’, the commonwealth, its agencies, executive offices, departments, boards, bureaus, divisions, authorities, and political subdivisions, including, without limitation, municipalities, counties, districts, and other governmental bodies and instrumentalities of the commonwealth that hold Article 97 land.

‘Real property interest’ or ‘interest in land’, any ownership, or other legal interest, or right in land, including, without limitation, fee simple interest, easement, partial interest, remainder, future interest, right of legal control, lease; and conservation restriction, agricultural preservation restriction, watershed preservation restriction and historical preservation restriction as defined under section 31 of chapter 184, and non-development covenant or other covenant or restriction that protects natural resources.

‘Replacement land’, (a) land or an interest in land, (1) required under this chapter to be provided by a public owner to replace the loss of Article 97 land as a result of a disposition or change in use; and (2) to be taken by eminent domain, acquired or otherwise dedicated, by the public owner as Article 97 land.

(b) ‘replacement land’ shall not include existing Article 97 land, unless when taken by eminent domain, acquired, or otherwise dedicated by the public owner as Article 97 land, it was to substitute for other Article 97 land proposed for disposition or change in use.

‘Secretary’ or ‘secretary of environmental affairs’, the secretary of the executive office of energy and environmental affairs or the secretary’s authorized representative.

‘state agency’, (a) a legal entity of state government established by the general court as an agency, board, bureau, commission, department, office or division of the commonwealth with a specific mission, which may either report to cabinet-level units of government, known as executive offices or secretariats, or be independent divisions or departments.

(b) ‘state agency’ shall not include the counties listed under the definition of ‘counties’ under section 1 of chapter 7C.

Section 2. (a) To protect the natural resources of the commonwealth and to prevent a net loss of Article 97 land, a public owner making a disposition or change in use of Article 97 land shall acquire or otherwise provide replacement land. Replacement land for a disposition or change in use of Article 97 land shall be—(1) equal or greater in area; (2) comparable or better in natural resource value; (3) located within the same municipal boundaries if feasible; and (4) not less than the equivalent kind of the real property interest being replaced.

(b) A public owner when acquiring or providing replacement land, shall execute a written declaratory instrument to confirm that such land or interest in land is subject to protection under Article 97, and record the instrument in the appropriate registry of deeds or land court department of the trial court for the county or district where the land is situated. The instrument when executed shall include the dedication date of the Article 97 land and a specific description of the Article 97 land with the restricted and allowed uses of the land. Such instrument shall not preempt or limit a public owner’s use of any other lawful method to dedicate Article 97 land. The failure of the public owner to execute or record a declaratory instrument shall not invalidate any existing Article 97 protection of the replacement land.

Section 3. (a) A public owner of Article 97 land shall notify the secretary when the public owner proposes making a disposition or change in use of the Article 97 land. Such notification shall be in writing and made in the manner, as the secretary by regulation shall prescribe, to include the information and documentation as required under subsections (c) and (d).

The secretary shall adopt regulations requiring notification by a public owner be made as early as practicable, and prior to the filing of a petition with the general court to authorize the proposed Article 97 land disposition or change in use, to allow the secretary adequate time to review the proposal. The review shall include any plan of the public owner to provide replacement land. Unless otherwise provided under this section, the notification to the secretary shall be required at least 20 days before the public owner makes a decision to adopt a proposal for a disposition or change in use of its Article 97 land.

For Article 97 land held by a municipality, such notification to the secretary shall be required not less than 30 days before a vote of town meeting or city council, whichever is the case, on the municipality’s proposed disposition or change in use of the Article 97 land. If the Article 97 land is located outside the municipality’s boundaries then, in addition, the municipality shall make like notification to the local conservation commission where the land is sited.

For Article 97 land held by a state agency, notification to the secretary shall be required in the time and manner provided under subsection (a) of section 8.

The secretary shall post notification information received on Article 97 land proposals and replacement plans, on the public website of the executive office of environmental affairs.

(b) In the event Article 97 land is to be taken by eminent domain, the authorized board acting for the public owner or other entity shall within 10 days after adopting a lawful order of intention to take the land, notify the secretary of the proposed taking. Such notification shall be in writing, and made in the manner with any necessary information relevant to the taking of the land, as the secretary by regulation shall prescribe.

(c) Regulations adopted by the secretary under subsection (a) shall require— (1) that the notification by a public owner of a proposed disposition or change in use of Article 97 land provide sufficient information about the proposal, and its advantages and disadvantages to the public and the environment. Such regulations shall require current information about the Article 97 land proposed for disposition or change in use, including, without limitation— (i) a description of the land including its location, natural resource uses and benefits, approximate size and boundaries, devoted and allowed uses, and buildings and structures thereon; (ii) the property’s fair market value based on the municipal assessment; (iii) whether the land or any part is designated as a wetland, flood zone, public water supply, public water supply protection area, or priority habitat for state-listed species that are endangered, threatened or of special concern; or subject to the rivers protection act under chapter 258 of the acts of 1996 or non-development covenant; (iv) a general description of abutting parcels; (v) owners that hold a real property interest and description of each respective interest; (vi) copies of any deeds, easements, covenants, restrictions, declarations and other instruments that are public records and show (A) each owner’s real property interest; and (B) the land’s intended use for a specific natural resource purpose; (vii) a description of the proposed disposition or change in use and the reasons for the proposal, including anticipated changes to the land, and the intended grantees of any proposed transfer of a real property interest; and (viii) whether the public owner’s acquisition of the land was obtained with funds, grants or loans from any federal, state or local source, or from a donation or bequest conditioned that the gift be used for natural resource purposes; and

(2) that the public owner to certify in writing to the secretary, that the public owner has considered alternatives to the proposed disposition or change in use of the Article 97 land, and has determined no other feasible or practicable alternative exists, and information about any alternative considered and the reason such alternative was not selected.

(d) The regulations adopted by the secretary under subsection (a) shall require current information about any plan of the public owner to acquire or provide replacement land, including, without limitation, the following:

(1) The same kind of information listed in clauses (1) through (4), inclusive, of subsection (c), however, specific to the replacement land.

(2) The condition of the land, and the relevant current and prior uses of the land.

(3) Owners that will hold a real property interest in the replacement land, and a description of each respective interest.

(4) A description of the intended source of the replacement land to be acquired or provided, and information about any funds, grants, loans or other consideration to purchase or obtain such replacement land.

(e) A public owner shall supplement the information in subsections (c) and (d), about an Article 97 land proposal and replacement land plan, as the secretary shall prescribe by regulation.

(f) The secretary after receipt of a public owner’s notification that contains sufficient information shall, if requested by the public owner, provide to the public owner a provisional or final opinion on whether the proposed replacement land plan meets the no net loss requirements under subsection (a) of section 2.

Section 4. (a) A public owner may request from the secretary a waiver to provide replacement land for a disposition or change in use of the public owner’s Article 97 land, notwithstanding the requirements under subsection (a) of section 2.

Upon a public owner’s written request, the secretary may grant a full or partial waiver releasing the public owner from any requirement to provide replacement land, subject to the provisions of this subsection. Such waiver requests shall be made in the manner and include any related information as the secretary shall prescribe. In granting a waiver, the secretary may impose conditions, if necessary, to accomplish the intended purpose of the disposition or change in use of the Article 97 land. A decision by the secretary to grant or deny a waiver with any conditions shall be in writing and state the reasons for the decision. Such waivers shall be limited to those circumstances as described in the paragraphs of this subsection.

The secretary may grant a full or partial waiver when the disposition or change in use of Article 97 land will—(1) transfer only a right of legal control in the land between state agencies to be held for the same Article 97 natural resource purposes and, if applicable, with the same reserved uses; (2) transfer only a right of legal control in the land between any department, division, board or agency of the same municipality to be held for Article 97 natural resource purposes and, if applicable, with the same reserved uses; (3) transfer a lease interest for a natural resource purpose or use for a term not exceeding 5 years; (4) serve to largely protect, preserve or promote the existing natural resource purposes and uses of the Article 97 land; (5) grant an easement to grade and alter land elevations to prevent erosion or provide lateral support to adjacent land; (6) grant an easement to allow for the temporary use of the Article 97 land for a different purpose for a period not exceeding 5 years, upon the condition that the land be reasonably restored before the easement period ends; (7) grant an easement or lease for subterranean use of the land for green energy projects that will not affect adversely the dedicated natural resource purposes of the Article 97 land; (8) affect a land area not exceeding 2,500 square feet that is insignificant for the dedicated natural resource purposes of the Article 97 land, provided if part of a larger parcel, no other disposition or change in use of that parcel has occurred within 5 years before making a waiver request to the secretary; or (9) transfer a real property interest of a public owner to another public owner, provided upon transfer such interest is protected under Article 97, and is used for the same natural resource purposes and allowed uses.

If after a complete review of a public owner’s waiver request and replacement land information, the secretary determines there are other extraordinary circumstances in providing suitable replacement land within particular municipality boundaries or nearby, the secretary may issue a partial waiver to allow for modified replacement land, provided however, the overall intent of no net loss of Article 97 land will be attained to the maximum extent practicable, and the replacement land allowed is comparable or better in natural resource value to the Article 97 land being replaced.

(b) The secretary as a condition in granting to the public owner a full or partial waiver to provide replacement land under clause (6) of subsection (a) for the temporary use of land, may require a performance bond of satisfactory amount for any uncompleted restoration of the land be provided under the terms as specified by the secretary.

(c) The secretary when determining whether the square footage of required replacement land is sufficient, shall not include any aboveground area for an allowed use that is exclusively for other than natural resources purposes, related to the replacement land or subject Article 97 protected land.

(d) The secretary when determining whether proposed replacement land is comparable or better in natural resource value under clause (ii) of subsection (a) of section 2, shall in addition to other factors, consider the land’s location and condition, intended and allowed uses and overall natural resource benefits.

(e) If a public owner receives or will receive monetary compensation for a disposition or change in use of its Article 97 land by easement, lease or license comprising less than 22,000 square feet of land area, that is insufficient to acquire suitable replacement land, upon the public owner’s request the secretary may approve such monies received be held in trust to be expended only to obtain Article 97 land. The secretary’s approval to hold monies in trust for said limited purpose may be conditioned on any additional terms, as the secretary shall prescribe. Such monies held in accordance with the provisions of this section, including any conditions established by the secretary, shall be in place of the public owner meeting the replacement land requirements under subsection (a) of section 2, for that disposition or change in use of Article 97 land. The secretary’s authorization concerning such compensation monies shall be subject to any special law related to the disposition or change in use of the Article 97 land from which the compensation originated.

(f) This chapter and any regulations adopted under the authority of this chapter shall not be subject to the provisions of section 27C of chapter 29.

Section 5. The secretary shall provide to public owners, information and education on the policies, requirements and best practices to protect Article 97 land. To assist a public owner, the secretary shall offer advice, guidance and technical assistance with the development of preliminary and proposed plans for the disposition or change in use of Article 97 land and replacement land alternatives. Such assistance shall include an assessment of the anticipated effect of regional climate change in the development of a proposed plan and any alternative options. Upon request of a public owner, the secretary shall review and make written evaluation of whether the public owner’s preliminary or proposed plan, or any revision of the plan, complies with Article 97 no net loss requirements under subsection (a) of section 2, and related regulations. A copy of the written evaluation shall be provided to the public owner.

Section 6. (a) The secretary shall provide to the general court a written recommendation to approve or disapprove each legislative petition that proposes a disposition or change in use of Article 97 land. If possible, the secretary shall make the recommendation before the first public hearing of the petition by a joint legislative committee of the general court. The recommendation shall identify the petition and include the secretary’s opinion as to whether (1) the disposition or change in use, including any required replacement land complies with the Article 97 no net loss requirements under subsection (a) of section 2, and related regulations; (2) the disposition or change in use will benefit the public; and (3) the required replacement land will provide equal or greater public environmental benefits.

Additionally, the secretary’s recommendation shall include whether the legislation adequately identifies the subject Article 97 land and required replacement land and contains the necessary terms and conditions. The secretary’s statement shall detail the reasons for the secretary’s recommendation on the legislative petition, and identify all alternatives to the proposed disposition or change in use of the Article 97 land that were considered and reported by the public owner, including information reported about any alternative that the public owner did not select. If insufficient information about a proposed disposition or change in use of Article 97 land or replacement land precludes the secretary from giving a full opinion, the secretary shall make known this circumstance and reason in the secretary’s recommendation.

The secretary shall adopt regulations establishing standards for providing recommendations to the general court on Article 97 land legislation. The regulations shall allow a recommendation of approval of such legislation, if the secretary’s opinion agrees with the statements contained in clauses (1) through (3), inclusive of the first paragraph, and if otherwise, the secretary shall recommend such legislation not be approved. Notwithstanding, the regulations shall allow the secretary to recommend approval of the legislation, if the secretary determines there are extraordinary circumstances for a proposed disposition or change in use of Article 97 land or plan for replacement land, provided (i) no practicable or feasible alternative exists for the proposed legislation, (ii) the proposed disposition or change in use of Article 97 land is for a necessary public purpose, (iii) the overall intent of no net loss of Article 97 land will be attained to the maximum extent practicable, and (iv) the recommendation provides the reasons for the secretary’s determination.

In circumstances when Article 97 land is to be taken by eminent domain from a public owner, and no replacement land has been proposed, the regulations shall allow the secretary to make a qualified recommendation about the legislation. The secretary as part of the recommendation shall provide information about the proposed legislation, its advantages and disadvantages to the public and the environment, and whether there are any known feasible alternatives to the proposed disposition. In addition, the secretary shall provide an opinion whether the nature of the disposition proposed by the legislation would qualify for a full or partial replacement land waiver. The regulations shall require the secretary to detail reasons for the secretary’s qualified recommendation.

(b) A legislative committee of the general court referred a petition related to Article 97 land, may solicit written recommendation on the legislation from the secretary. The secretary shall respond to the request expeditiously, and in the manner, and using the standards and criteria set forth in the prior subsection.

(c) The secretary shall supplement this recommendation when Article 97 legislation is pending, if the secretary determines there is a subsequent change or event that materially affects the secretary’s prior response.

(d) The secretary shall post recommendations on legislation, on the public website of the executive office of environmental affairs.

Section 7. (a) A municipality in making a determination for a disposition or change in use of Article 97 land, to include a detailed plan to provide any required replacement land, shall first obtain the approval of its conservation commission. Approval by the commission shall require a 2/3rds vote in support of the proposed disposition or change in use, at an open public meeting of the commission. No vote shall be held, unless the commission has conducted a public hearing on the proposed disposition or change in use. The commission shall give public notice of such hearing, not less than 30 days before the scheduled hearing date; and, in addition shall provide written notice to the local regional planning agency.

Except, in the event the disposition or change in use of Article 97 land relates to parkland under the legal control of its municipal park commission, or agricultural land under the legal control of its municipal agricultural commission, then approval shall be by vote of the respective commission under the same procedures and requirements in this subsection for conservation commissions.

(b) A municipality in making a determination for a disposition or change in use of Article 97 land and after any approval required in subsection (a), shall obtain the approval of the city council or town meeting. If replacement land is required, a detailed plan to provide such land or land interest, shall be included as part of the approval determination by the city council or town meeting. Such approval shall require a 2/3rds vote by the city council or a 2/3rds vote by an annual or special town meeting, whichever is the case, in support of the disposition or change in use, including any replacement land plan. Said vote shall be held at an open public meeting.

(c) When a municipality holds Article 97 land sited within the boundaries of another municipality, the conservation commission of the other municipality may make a recommendation to the secretary on any proposed disposition or change in use of the Article 97 land. Before making a recommendation, the commission shall hold a public hearing on the proposal in the municipality, and provide reasonable notice. A commission’s recommendation to approve or disapprove the proposed disposition or change in use shall be in writing and include a statement on the proposal’s local environmental impacts with the reasons for its determination. Approval of a recommendation shall require a majority vote of the commissioners in support at an open meeting of the commission. Any such recommendation to the secretary shall be made no later than 45 days after receiving notification from the municipal owner of the Article 97 land.

Section 8. (a) When the public owner is a state agency that holds or controls Article 97 land, the executive head of such agency or the secretary of the executive office in which such agency is located, shall make the initial proposal for any disposition or change in use of the agency’s Article 97 land. The proposal shall include a plan for replacement land, or information that the proposed disposition or change in use, is eligible for a replacement land waiver under subsection (a) of section 4. Such proposal shall be made in writing to the commissioner of capital asset management and maintenance and, if not making the proposal, to the secretary of environmental affairs.

The commissioner prior to making a determination on the proposal shall not less than 60 days after receipt of the proposal, conduct a public hearing with the secretary to consider the proposed Article 97 land disposition or change in use, and any replacement land to be provided by the commonwealth. The public hearing shall be in the municipality where the Article 97 protected land is located. The commissioner with approval of the secretary may waive the public hearing when the proposed disposition or change in use of the Article 97 land— (i) affects a land area not exceeding 11,000 square feet, provided the area is not located in a public park, (ii) affects a land area of a public park not exceeding 11,000 square feet, provided the area does not exceed 20 per cent of the total square footage of the park parcel, (iii) transfers the land with any existing reserved uses to another state agency to be held for the same or similar Article 97 natural resource purposes, (iv) establishes a temporary easement related to construction or natural resource project, (v) establishes an easement to alter land grades affecting small portions of the parcel, or (vi) allows reserved uses pertaining to small buildings or structures with a combined total area not exceeding 2,500 square feet.

The commissioner shall provide public notice of such hearing at least 30 days prior to the scheduled hearing date. Such notice shall be posted in the central register and on the public website of the executive office of environmental affairs, and additionally, shall be placed at least once each week for 4 consecutive weeks prior to the hearing, in newspapers with sufficient circulation to inform the people in the locality where the Article 97 land is situated.

In the event the hearing is waived or not required, the commissioner and secretary of environmental affairs shall accept written comments for a period of 30 days. Public notice of the comment period shall be posted in the central register and on the executive office of environmental affairs’ public website.

Within 30 days after any required hearing or comment period, the secretary shall make a determination whether the proposed disposition or change in use of the Article 97 land and any replacement land plan, complies with the Article 97 no net loss requirements under subsection (a) of section 2, or substitute method under subsection (e) of section 4. Alternatively, the secretary shall determine whether such proposed disposition or change in use qualifies for a replacement land waiver. Such determination shall be in writing and give the reasons for the decision with any recommendations and comments about the proposal. The secretary shall provide a copy of the determination to the commissioner, secretary of administration and finance and state agencies affected by the proposal; and shall post the determination on the executive office of environmental affairs’ public website. The secretary’s determination shall be submitted with any request of the commissioner to the general court to authorize the disposition or change in use of such proposed Article 97 land.

(b) The provisions of section 4 of chapter 7B and sections 33 and 34 of chapter 7C shall not limit or modify the requirements under this chapter, applicable to the disposition or change in use of Article 97 land, held or controlled by a state agency.

(c) In the event of an emergency affecting public health and safety that necessitates a temporary and significant change in use of Article 97 land of the commonwealth, the commissioner of capital asset management and maintenance upon written certification of such emergency and with the approval of the secretary, may waive or reduce the time period for any public notice, hearing or comment period required under subsection (a) regarding such land use. The certification shall identify the current and proposed change in use of such land, and the commissioner’s reasons for the proposed action.

Section 9. (a) When the public owner is a regional conservation district that holds Article 97 land that it has proposed for disposition or change in use, the supervisors of the conservation district shall approve such disposition or change in use, and any plan to provide replacement land. Such approval shall require a 2/3rds vote by the supervisors in support of the disposition or change in use, and any replacement land plan, held at an open meeting. No vote shall be held, unless, the supervisors first conduct a public hearing on the proposed disposition or change in use and replacement land plan. Such public hearing shall be conducted in the municipality where the land protected under Article 97 is located. The chairperson of the district supervisors shall provide public notice of the hearing not less than 30 days before the scheduled hearing date.

(b) When the public owner is a county government not abolished by chapter 34 or other law, which holds Article 97 land that it proposes for disposition or change in use, the county commissioners shall approve such disposition or change in use, and any plan to provide replacement land. Such approval shall require a 2/3rds vote by the commissioners in support of the disposition or change in use, and any replacement land plan, held at an open meeting. No vote shall be held unless the commissioners conduct a public hearing on the proposed disposition or change in use and replacement land plan. The commissioners shall give public notice of the hearing not less than 30 days before the scheduled hearing date.

(c) When a public owner, other than a municipality, state agency, conservation district, or unabolished county government, holds Article 97 land it proposes for disposition or change in use, the public owner shall conduct a public hearing not less than 30 days prior to its final determination on the proposal and any plan to provide replacement land. A final determination to authorize the proposed disposition or change in use of Article 97 land shall be by a vote of an authorized board, commission or other body of the public owner, and if no such board, commission or body exists, then by a written decision of the public owner’s executive officer. The hearing shall be conducted in the municipality where the Article 97 land is situated. The public owner shall give public notice of the hearing not less than 30 days before the scheduled hearing date.

Section 10. For public notice required under sections 8 and 9, separate written notice shall also be provided to, for each city or town in which the Article 97 land is located, the city manager in the case of a city under Plan E form of government, the mayor and city council in the case of all other cities, the chairman of the board of selectmen in the case of a town; and the regional planning agency; and the representative members of the general court.

Section 11. Notwithstanding the provisions of subsection (a) of section 2 to the contrary, when a special law allows a disposition or change in use of specific Article 97 land, which requires or references any substitute land or interest in land, the public owner’s obligation to acquire or provide replacement land shall be governed exclusively by such special law.

Section 12. A public owner having made a disposition or change in use of Article 97 land shall notify the secretary, when related to such disposition or change: (i) the public owner acquires or provides any required replacement land, (ii) a temporary easement in the Article 97 land terminates, (iii) an event or act completes the Article 97 land disposition or change in use, or (iv) upon any other event or act as the secretary shall establish by regulation. Such notification shall be made in the manner, and include any necessary information as the secretary shall prescribe.

Section 13. The secretary shall prepare annually a comprehensive report describing the work of the executive office of environmental affairs relative to the protection of Article 97 land in the commonwealth for the preceding calendar year. The report shall provide information about the disposition and change in use of Article 97 land and replacement land, including, without limitation, the total number of notifications received, reviews conducted and opinions provided; total acreage and description of replacement land required to prevent a no net loss of Article 97 land; and total acreage of Article 97 land that lost protection. The annual report shall be filed with the clerks of the house of representatives and senate, and the chairs of the joint committee on environment, natural resources and agriculture, and shall be posted on the public website of the executive office of environmental affairs, on or before the first Monday of April the following year.

Section 14. (a) When a public owner’s Article 97 land is taken by eminent domain, the public owner upon receiving the entire damage award for such taking shall acquire or provide suitable replacement land. The replacement land shall meet the no net loss criteria under clauses (1) through (4), inclusive, of subsection (a) of section 2; except, the replacement land required shall be limited by the total value of the award for damages sustained by the public owner resulting from such land taking. The value of any land and additional funds conveyed or transferred to the public owner to replace the loss of Article 97 land, and that may be, partially or entirely, in lieu of damages, shall be considered an award for damages for the purpose of determining the total value limitation under this subsection.

Before acquiring or providing any replacement land, the public owner shall consult with the secretary to review the planned replacement land. In the review, the secretary shall determine whether the replacement land complies with said no net loss criteria; subject to, and, after taking into consideration the total value limitations on replacement land. The secretary shall provide the public owner with an opinion as to whether the planned replacement land is suitable.

The secretary may grant a full or partial waiver to a public owner to acquire or provide replacement land under subsection (a) of section 4, when the public owner’s Article 97 land is taken by eminent domain from the public owner. Notwithstanding, if the monetary portion of a damage award and any other compensation received by public owner are not sufficient to acquire or provide suitable replacement land, upon the public owner’s request, the secretary may approve using the monies for other public natural resource purposes.

A public owner shall provide to the secretary relevant information about planned replacement land under this section, as the secretary shall prescribe by regulation.

(b) Notwithstanding any other general law to the contrary, the secretary shall first approve any interest in land conveyed or transferred to a public owner under section 7M of chapter 81, if the conveyance or transfer is to replace Article 97 land taken by eminent domain from such public owner.

Section 15. (a) The secretary shall establish a self-subscribing email notification delivery system to send informational emails to the public and government organizations about proposed dispositions of Article 97 land and recommendations of the secretary on related legislation.

(b) Information required under this chapter to be posted on the executive office of environmental affairs’ public website, shall, in addition be posted in the environmental monitor.

(c) The secretary may not charge any fee for informational emails under subsection (a), or to access information posted on the executive office of environmental affairs’ public website as required under this chapter.”.

SECTION 89. The secretary of the executive office of energy and environmental affairs shall, not later than 1 year after this section takes effect, promulgate regulations for the requirements, administration, and enforcement for the chapter established under section 88 of this act.

SECTION 90. The fourth paragraph of section 44 of chapter 85 of the acts of 1994, as most recently amended by section 127 of chapter 46 of the acts of 2015, is hereby further amended by inserting after the words “in the city of Canton” the following words:-

“Randolph Avenue Stables, so called, at 1333 Randolph Avenue in the Blue Hills State Reservation in the town of Milton, 7 Brainard Street, in the Stonybrook State Reservation in the Hyde Park neighborhood of the city of Boston.”.

SECTION 91.Notwithstanding any general or special law to the contrary, the commissioner of conservation and recreation may expend, without further appropriation, sums collected and held in accordance with chapter 673 of the acts of 1950 on repairs, replacements and improvements to the facilities and buildings on the Dilboy Stadium property in the city of Somerville.

SECTION 92.Notwithstanding any general or special law to the contrary, the director of the division of marine fisheries, in consultation with the commissioner of the department of fish and game, shall, by June 14, 2019, conduct and publish a study of the current lobster fishery and provide a recommendation as to the advisability of enacting statutory and regulatory changes to allow the processing of lobster parts, other than lobster tails weighing 3 ounces or more, for sale in the commonwealth. The study shall include an economic and market analysis of potential impacts and benefits, assessment of potential state and federal law enforcement issues associated with a change in legislation or regulations, an assessment on the impacts of such changes on inter-jurisdictional fisheries management and a review and analysis of the potential biological and population dynamics of the species known as Homarus americanus as a result of such changes.

SECTION 93.Notwithstanding section 30 of chapter 29 of the General Laws or section 65 of chapter 30 of the General Laws, a portion of the funds authorized under this act may be used for the costs associated with the purchase of title insurance and services for title examinations, reports and certifications; provided, that any executive department or state agency expending such funds shall maximize efforts and utilize all available means to minimize use of capital funds for such purposes.

SECTION 94. Notwithstanding any general or special law to the contrary, any executive department or state agency expending funds authorized in this act shall maximize efforts and utilize all available means to minimize use of capital funds to pay for services rendered by agency employees or by consultants.

SECTION 95. Subject to any general law, special law, or municipal bylaw, upon acquiring any fee interest in land for purposes pursuant to Article XCVII of the Amendments to the Constitution, any state agency, commission, or board expending or receiving state funds under this act may only implement or endorse fishing, hunting, or trapping on said land by (a) obtaining the approval of (1) the secretary of energy and environmental affairs; and (2) the mayor and city council under Plan A, B, C or F; or the city manager and the city council under Plan D or E; and the conservation commission of the municipality, within which the land lies; and (b) providing the secretary and the municipal officials with written justification 45 days before seeking to obtain the approval described in subsection (a).

SECTION 96. (a) Section 40 of chapter 82 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting the following terms therein:-

“‘Marking standards’, the methods by which a company designates its facilities in accordance with standards established by the Common Ground Alliance (CGA) and the American Public Works Association.

‘Non-mechanical means’, shall mean excavation using any device or tool manipulated by human power, including air vacuum, air blowing, or similar methods of excavation designed to minimize direct contact with utilities.”.

(b) Said section 40 of said chapter 82, as so appearing, is hereby amended by inserting in line 5, after the words “company, and”, the following words:- “municipal traffic signal departments”.

(c) Said section 40 of said chapter 82, as so appearing, is hereby amended by inserting the following terms therein: "Professional Land Surveyor", shall have the same definition as set forth in section 81D of chapter 112 of the General Laws.

(d) Section 40A of said chapter 82, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

“Any Professional Land Surveyor working on a preliminary design for a new facility or renovation where excavation shall be necessary shall premark the proposed excavation and give initial notice to the system.”.

(e) Section 40B of said chapter 82, as so appearing, is hereby amended by inserting after the words “the excavator”, in line 3 the following words:- “or Professional Land Surveyor”.

(f) Said section 40B of said chapter 82, as so appearing, is hereby amended by adding the following sentences:-

“At a minimum, all markings shall indicate, where practicable, the width, if it is greater than 2 inches; the material of the underground facility; the existence of multiple ducts; any change in direction; and any terminus points of the facility. In circumstances where the total number of lines buried in the same trench may not be readily known, a corridor marker may be used.

A company shall conduct periodic audits to ensure the accuracy of the locating and marking of facilities as well as its adherence to marking standards.”.

(g) Section 40E of said chapter 82, as so appearing, is hereby amended by adding the following sentence:-

“The department of public utilities may require any person or company who does not comply with the provisions of sections 40A to 40E to complete a ‘Dig Safe’ training program in lieu of a fine for a first offense.”.

SECTION 97. Notwithstanding any general or specific law to the contrary, the city of Boston shall not construct any structures or provide any services on Long Island other than drug and substance abuse recovery and homeless housing and housing assistance.

SECTION 98. The sums made available pursuant to sections 2 to 2D, inclusive, shall be available for expenditure in the 5 fiscal years following June 30 of the calendar year in which the appropriation is made and any portion of such appropriation representing encumbrances outstanding on the records of the state comptroller’s office at the close of the fifth fiscal year may be applied to the payment thereof any time thereafter.

SECTION 99. Each agency acquiring land or an interest in land under this act may expend an amount not to exceed 5 per cent of the amount appropriated to that agency for the purpose of reimbursing nonprofit land conservation organizations or land trusts for reasonable expenses directly associated with the acquisition of land or interests in land subsequently conveyed to the commonwealth. Reimbursements shall be made at the discretion of the agency. The secretary of energy and environmental affairs shall determine by regulation what shall constitute reasonable expenses. If the commonwealth does not take title to the property through no fault of the nonprofit organization or the commonwealth, the commonwealth may reimburse the nonprofit organization for reasonable expenses associated with due diligence. An organization receiving a reimbursement under this section shall convey the land or interest in land to the agency for an amount not to exceed the actual purchase price paid by the organization for the land or interest in land in addition to any reimbursement received under this section.

SECTION 100. Section 35 of chapter 91 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following paragraphs:-

“Where sea level rise, storms, or other natural processes have caused the landward or lateral movement of a barrier beach into an area which was previously occupied by the bottom of any great pond, the portion of the barrier beach relocated into the former bottom of the great pond shall be and remain in public ownership.

In accordance with article 10 of the Massachusetts declaration of rights and the fourteenth amendment to the constitution of the United States, the preceding sentence may not be construed to convert ownership of any private property to public ownership; and, to the extent that application of the foregoing sentence to any private property would have such an effect, the foregoing sentence shall not apply to such private property.

For the purposes of this section, the term, ‘barrier beach’ shall have the same meaning as defined in section 10.29 of title 310 of the code of Massachusetts regulations, or successor regulations.

Upon petition of 10 citizens of the commonwealth that a dispute exists with respect to the location of the former bed of any great pond or other facts relevant to this section, the department and the attorney general or a representative designated by the attorney general shall hold a public hearing and receive such evidence thereon as may be presented to them and otherwise proceed in a manner consistent with the procedures set forth in section 18A of this chapter.”.

SECTION 101. To provide for the continued availability of certain bond-funded spending authorizations which otherwise would expire, the unexpended balances of the following capital accounts are hereby extended through June 30, 2023, for the purposes of and subject to the conditions stated for these items in the original authorizations and any amendments to such authorizations: 2000-2010, 2000-2011, 2000-2012, 2000-2013, 2000-2014, 2000-2015, 2000-2016, 2000-2017, 2000-2018, 2000-2019, 2000-2020, 2000-2021, 2000-2022, 2000-2023, 2000-2024, 2000-2025, 2000-2026, 2000-2028, 2000-2029, 2000-2035, 2000-6966, 2000-6967, 2000-6969, 2000-7013, 2000-7014, 2000-7015, 2000-7016, 2000-7018, 2000-7022, 2000-7023, 2000-7024, 2000-7025, 2000-7026, 2000-7028, 2000-7029, 2000-7031, 2000-7051, 2000-7052, 2000-7053, 2000-7054, 2000-7055, 2000-7056, 2000-7057, 2000-7058, 2000-7059, 2000-7060, 2000-7061, 2000-7062, 2000-7063, 2000-7066, 2000-7070, 2200-2011, 2200-2014, 2200-2015, 2200-2017, 2200-2019, 2200-7011, 2200-7012, 2200-7013, 2200-7014, 2200-7015, 2200-7017, 2200-7018, 2200-7021, 2200-7023, 2200-7025, 2200-7991, 2240-8820, 2250-8820, 2250-8822, 2300-2010, 2300-2011, 2300-2012, 2300-2014, 2300-2017, 2300-7010, 2300-7011, 2300-7013, 2300-7014, 2300-7016, 2300-7017, 2300-7018, 2300-7020, 2300-7021, 2300-7023, 2300-7024, 2300-7025, 2300-7026, 2300-7027, 2300-7028, 2500-7011, 2500-7012, 2500-7013, 2500-7014, 2500-7023, 2500-7024, 2800-0103, 2800-0109, 2800-0611, 2800-2019, 2800-7011, 2800-7012, 2800-7013, 2800-7015, 2800-7016, 2800-7017, 2800-7018, 2800-7019, 2800-7022, 2800-7027, 2800-7031, 2800-7032, 2800-7035, 2800-7097, 2800-7098, 2800-7107, 2800-7108, 2800-7109, 2810-3302, 2810-7872, 2810-8802, 2820-1420, 2820-2011, 2820-2012, 2820-8861, 2840-2013, 2840-2014, 2840-2019, 2840-2023, 2840-7017, 2840-7024, 2840-7026, 2840-7027, 2840-7993, 2850-6967, 2850-9951, 2890-2023, 2890-2040, 2890-7010, 2890-7011, 2890-7020, 2890-7035, 6720-1335, 9300-3909, 9300-7010, 9300-7030, 9300-7031, 9300-7909, 9300-7918, 9300-7919.

SECTION 102. The first state plan required by section 20 of this act shall be completed by September 16, 2018.

SECTION 103. Any person serving as an inspector of animals on the date of enactment shall, within 1 year of enactment, complete all state-funded training that the director of animal health determines is required for newly appointed inspectors of animals under the authority of section 44.

SECTION 104. Sections 13, 42 to 77, inclusive, 79 to 83, inclusive, and 86 and 87 shall take effect 90 days after enactment.

SECTION 105. The executive office of energy and environmental affairs shall submit an annual report detailing the progress of any projects funded through the authorizations of this act to the chairs of the joint committee on environment, natural resources and agriculture; the chairs of the senate and house committees on bonding; and the clerks of the house and senate. The report shall include, but not be limited to, description of project, previous year planned spending, previous year spending, current year planned spending, current year spending to date, original estimated project cost, total project cost to date, type of spending, type of asset, and predicted useful life of the project once completed. The initial report shall be submitted no later than December 30, 2018, and subsequent reports shall be submitted no later than June 30 of every year thereafter for a period of 10 years after the effective date of this act.

SECTION 106. Section 88 shall take effect 1 year after the effective date of this act.

SECTION 107. Except as otherwise specified, this bill shall become effective upon enactment.