Amendment 1

SENATE . . . . . . . . . . . . . . No. 2590

The Commonwealth of Massachusetts

_______________

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

_______________

SENATE, July 9, 2018

The committee on Bonding, Capital Expenditures and State Assets, to whom was referred the House Bill promoting climate change adaptation, environmental and natural resource protection, and investment in recreational assets and opportunity (House, No. 4613); reports, recommending that the same ought to pass with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2590.

[Bond authorization: $2,187,333,000]

For the committee,
John F. Keenan

SENATE . . . . . . . . . . . . . . No. 2590

The Commonwealth of Massachusetts

_______________

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

_______________

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

1100-3000For 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 of the General Laws, that retails gasoline and other petroleum products, for the purpose of replacing and modernizing 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, including but not limited to, 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

2000-7071For 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.....……….…………………………….………...$10,500,000

2000-7072For grant programs for land, soil, water and natural resource conservation; open space preservation; watershed remediation; coastal resource protection, including securing of access to protected coastal lands and lands to provide for the inland migration of coastal habitats; 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; provided further, that all projects shall provide appropriate public access as determined by the secretary...………………....…………………...$165,000,000

2000-7073For 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, beach nourishment, living shorelines and other nature-based solutions which are defined as strategies that conserve, restore and employ the natural resources of the Commonwealth to enhance climate adaptation, build resilience and support mitigation; 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; provided further that such funds may be used on lands held by municipal, county, state, or federal agencies or other governmental bodies, on lands held by nonprofit conservation organizations, or on private lands with the consent of the owner and subject to covenants that will assure the continued presence and effectiveness of such projects for the expected life of the projects; provided that the use of such funds by county and municipal governmental bodies on lands held by nonprofit conservation organizations, or on private lands shall require, in a county, a vote of the county commissioners, in a city having a Plan D or Plan E charter by the affirmative vote of a majority of all the members of the city council, in a city not having such a charter by vote of the city council, subject to the provisions of the charter of such a city, and in a town by a majority vote at a town meeting; 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......………………………………………..………………...$60,000,000

2000-7074For 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, beach nourishment and other nature-based solutions 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; 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; and provided further, that projects shall be considered in consultation with the municipality hosting the asset to be repaired and those municipalities impacted by the project...............................……$75,000,000

2000-7075For 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, acquisitions for open space, recreation, conservation, wildlife and endangered species protection, and forest land protection, 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 35HHH of chapter 10 of the General Laws; 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; 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; and provided further, that projects shall be considered in consultation with the municipality hosting the asset to be repaired and those municipalities impacted by the project.........................................................................$12,000,000

Department of Environmental Protection

2200-7022For 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 practices 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; ……………………………………...........................………………..$95,000,000

2200-7024For 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

2200-7016For 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………………………………………………………………………..…$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

2300-0421For the acquisition of land and interests in land by the department of fish and game and for associated costs, including planning, studies, due diligence, title and appraisal services, site restoration and stewardship; provided further, that such lands may be purchased after approval by the commissioner of fish and game; provided further, that funds may be expended on the development and implementation of a stewardship program on lands under the care and control of the department of fish and game and its divisions, either in rights in land or through conservation easements or conservation restrictions including, but not limited to, resource and land use monitoring, baseline documentation report creation, signage, boundary marking and monitoring, stewardship planning, stewardship personnel, stewardship database development, ecological monitoring and enforcement of conservation easements or conservation restrictions or detection and resolution of encroachments on land owned and rights in land and repair of damage related to illegal 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 nonnative species and other services essential to these reclamation efforts; and provided further, that projects under such program may be carried out with other governmental agencies and entities, nonprofit and conservation organizations and public and private land owners………………………………………………………..$30,000,000

2300-7019For 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; 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 ……………………………………………….…....……………….....$50,000,000

2300-7022For 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 ….......…………………………………....….……………………$55,000,000

Department of Agricultural Resources

2500-7021For 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 including hydroponics, 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 further, that $4,000,000 shall be expended on programs to promote urban agriculture and hydroponics, 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 short-term land covenants; provided further, 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, funds shall be available for 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, and programs to support aquaculture, dairy digesters and agricultural composters; 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....……………......……………………………………..$50,000,000

2511-0122For a program to acquire agricultural preservation restrictions under sections 23 to 26, inclusive, of chapter 20 of the General Laws; provided, that any person or entity that receives funds from this item shall be encouraged to participate in any programs of the department of agricultural resources that may be suggested by the commissioner of agricultural resources; provided further, that funds may be used to develop a statewide farmland plan; provided further, that funds may be used for the implementation of a stewardship program on agricultural preservation restriction lands including, but not limited to, resource and land use monitoring, boundary delineation and monitoring, stewardship planning, ecological monitoring and enforcement of agricultural preservation restrictions on existing and newly acquired agricultural preservation restriction properties and the creation of new opportunities that seek to enhance the sustainability and viability of such properties; and provided further, that funds may be used to develop a statewide farmland plan ………………....$20,000,000

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 Conservation and Recreation

2000-7079For 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 ………………….......………...……...$75,500,000

2800-1121For the acquisition of land and interests in land by the department of conservation and recreation and for associated costs, including planning, study, due diligence, title and appraisal services, site restoration and stewardship, including but not limited to, coastal land acquisition and securing of access to protected coastal lands, and lands to provide for the inland movement of coastal habitats; provided, that funds may be used for development and implementation of a stewardship program on lands under the care and control of the department 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 restrictions or detection and resolution of encroachments on land owned and rights in land and repair of damage to property related to illegal uses, including off-road vehicle trespass; and 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………………………………………………………………$40,000,000

2800-7020For 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

2800-7014For 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, and implementing nature-based solutions, 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 in the federal 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…………….....……………….....……..........…...$21,000,000

2800-7025For 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 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…………………………......………………....……………….…………….…..$105,000,000

2800-7031 For the protection and rehabilitation of the lakes, ponds, rivers and streams and associated watersheds including, but not limited to, assistance and grant programs under sections 37A to 37D, inclusive, of chapter 21 of the General Laws; provided, that such programs shall include, without limitation, technical assistance, studies, preservation, environmental improvements, including the removal of aquatic invasive plants and associated costs ………………………..…………………………………………………$10,000,000

2840-7025For 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 …………….....$420,000,000

2890-7034For 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; 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….…………$160,000,000

SECTION 2A.

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Office of the Secretary

2000-7080For 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.......……….…....$100,000,000

2000-7081For 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, repairs to address vulnerability and improve resiliency, and nature-based climate adaptation strategies which are defined as strategies that conserve, restore and employ the natural resources of the Commonwealth to enhance climate adaptation, build resilience and support mitigation; provided further that such funds may be used on lands held by municipal, state, or federal agencies or other governmental bodies, on lands held by nonprofit conservation organizations, or on private lands with the consent of the owner and subject to covenants that will assure the continued presence and effectiveness of such projects for the expected life of the projects; provided that the use of such funds by municipal governmental bodies on lands held by nonprofit conservation organizations or on private lands shall require, in a city having a Plan D or Plan E charter by the affirmative vote of a majority of all the members of the city council, in a city not having such a charter by vote of the city council, subject to the provisions of the charter of such a city, and in a town by a majority vote at a town meeting.……………..………....…….$75,000,000

2000-7084To capitalize the Global Warming Solutions Trust Fund established in section 35GGG of chapter 10 of the General Laws….....................................................$5,000,000

2000-7085For 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...….………………………………….……………....………..........……….$10,000,000

Department of Environmental Protection

2200-7019For 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 PUBLIC SAFETY AND SECURITY

Office of the Secretary

8000-2007For 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.….....…………………………..…………..$6,000,000

SECTION 2B.

OFFICE OF THE TREASURER AND RECEIVER GENERAL

0620-1002For the Massachusetts 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

2000-7061 For a tree planting greening program for projects throughout the commonwealth on publicly-owned land including, but not limited to, the evaluation and planning of tree greening projects, tree stock and planting and the care and protection of urban street trees; provided, that the secretary shall give priority to the planting of trees in cities or towns with a completed tree management plan ; provided further, that the secretary shall issue grants to cities and towns to achieve the purposes of this item…………………………………….$10,000,000

2000-7064For 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………………………......….…………………………………..….... $30,000,000

2000-7077For the acquisition, development, construction and improvement of parks in urban and suburban neighborhoods currently underserved with parks, 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….……………………………………………....……………………..$60,000,000

2000-7078For 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; 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

2800-7023For 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 shall 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

6121-1315For the complete streets program established pursuant to chapter 90I of the General Laws 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.....…………………………………………...……………….$55,000,000

SECTION 2E.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Highway Division

6121-1715 For projects on the interstate and non-interstate federal highway system; provided, that funds may be expended for the costs of these projects including, but not limited to the nonparticipating portions of these projects and the costs of engineering and other services essential to these projects; provided further, that notwithstanding this act or any other general or special law to the contrary, the department shall not enter into any obligations for projects which are eligible to receive federal funds under this act unless state matching funds exist which have been specifically authorized and are sufficient to fully fund the corresponding state portion of the federal commitment to fund these obligations; and provided, further, that the department shall only enter into obligations for projects under this act based upon a prior or anticipated future commitment of federal funds and the availability of corresponding state funding authorized and appropriated for this use by the general court for the class and category of project for which this

obligation applies........................................................................................................ $992,000,000

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, $1,538,500,000. 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, $205,000,000. 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, $150,000,000. 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, $55,000,000. All such bonds issued by the commonwealth shall be designated on their face, Highway and Streets Projects 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. To meet the expenditures necessary in carrying out section 2E, 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, $178,500,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Act of 2018, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor recommends in a message to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2053, pursuant to said Section 3 of Article LXII of the Amendments to the Constitution. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Notwithstanding any other general or special law to the contrary, bonds issued under this section and interest thereon shall be general obligations of the commonwealth.

SECTION 9. Chapter 10 of the General Laws is hereby amended by inserting after section 35FFF, inserted by section 1 of chapter 91 of the acts of 2018, the following 4 sections:-

Section 35GGG. (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: (i) any revenues or other financing sources directed to the fund by appropriation; (ii) bond revenues or other monies authorized by the general court and specifically designated to be credited to the fund; (iii) any income derived from the investment of amounts credited to the fund or repayment of loans from the fund; (iv) 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 (v) 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: (i) payment of costs associated with planning, monitoring, and managing carbon reduction measures; (ii) development and deployment of mitigation strategies and best practices to reduce carbon emissions; (iii) planning, monitoring and managing strategies to adapt to and prepare for the impacts of climate change; (iv) 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 (v) 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 35HHH. (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: (i) any revenues or other financing sources directed to the fund by appropriation; (ii) bond revenues or other monies authorized by the general court and specifically designated to be credited to the fund; (iii) any income derived from the investment of amounts credited to the fund or repayment of loans from the fund; (iv) 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 (v) 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 35III. (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 35JJJ. (a) 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 10. 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 section 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 section 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 section 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 section 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 11.Said chapter 21A is hereby further amended by adding the following new section:-

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 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 35HHH 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 to effectuate the purchase and sale of the transfer of 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, that, at a minimum—

(i) enables the acquisition, retention, and disposition of the transfer of 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: (1) 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; (2) procedures for documenting the recording or registration of the original restriction or restrictive covenant as required in clause (iii); and (3) 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 Revolving 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 12.Said chapter 21A is hereby further amended by adding the following new section:-

Section 28. 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 but not limited to 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.

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 13. Section 1 of chapter 21N of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting before the definition of “Allowance” 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 protocols to increase resiliency of built and natural structures, moderate potential damages, or benefit from opportunities associated with climate change.

SECTION 14. 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 15. 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, codified as 42 U.S.C. section 5121 et seq., and any subsequent revisions of the plan developed pursuant to this chapter.

SECTION 16. 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 17. 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 resiliency of communities, prepare for the impacts of climate change, and prepare for and mitigate damage from extreme weather events. The secretaries shall publish, every 5 years, a state plan that includes a statewide adaptation strategy incorporating: (1) 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; (2) risk analysis and vulnerability assessment of: key physical assets and functions of state government, municipalities, and local economies; natural resources; and the built environment; provided, this analysis and assessment shall include key findings from vulnerability assessments conducted pursuant to subsection (b); (3) an evaluation of the commonwealth’s capacity to respond and to adapt to climate change impacts and opportunities; (4) guidance and strategies for state agencies and authorities, municipalities and regional planning agencies to proactively address these impacts through adaptation and resiliency measures, including changes to plans, by-laws, regulations, and policies; (5) clear goals, expected outcomes, and a path to achieving results; (6) approaches for the commonwealth to increase the resiliency of state government operations; (7) 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 (8) strategies that conserve and sustainably employ the natural resources of the commonwealth.

(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 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 into the state plan; (3) 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, under the leadership of the executive office of energy and environmental affairs and the executive office of public safety: (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; (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; and (4) 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; (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.

(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 18.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:-

“Transfer of development rights zoning” or “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 process by which 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 19.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 20.Section 6F of chapter 62 of the General Laws, as so appearing, is hereby amended by inserting after the word “under,” in line 52, the following words:- subsections (a) or (c) of.

SECTION 21.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) to (6), inclusive.

(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 if the restriction (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).

(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 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 22.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 23.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 shall not exceed 4 miles.

SECTION 24.Chapter 129 of the General Laws is hereby amended by striking out section 18, as so appearing, 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 of appointment, and every 2 years thereafter. The director may require additional training for animal inspectors as needed.

SECTION 25. Said chapter 129 is hereby further amended by striking out section 25, as so appearing, 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 26.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 27.Section 13 of said chapter 130, as so appearing, is hereby amended by striking out the third paragraph.

SECTION 28.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 29.Section 19 of said chapter 130, as so appearing, is hereby amended by striking out the fifth paragraph.

SECTION 30.The sixth paragraph of said section 19 of said chapter 130, as so appearing, is hereby amended by striking out the third sentence.

SECTION 31.Section 21 of said chapter 130, as so appearing, is hereby amended by striking out the fifth paragraph.

SECTION 32.Said chapter 130 is hereby further 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 kill or destroy fish in such waters by the use of dynamite or other explosives, or take any such fish in such waters by such means; or explode dynamite or other explosive in such waters.

SECTION 33.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 34.Section 30 of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 35. 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, use, 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 36.Section 33 of said chapter 130, as so appearing, is hereby amended by striking out the sixth sentence.

SECTION 37.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 38.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 39.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 40.The fourth paragraph of section 37 of said chapter 130, as so appearing, is hereby amended by striking out the first sentence.

SECTION 41.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 42. Section 38A of said chapter 130, as so appearing, is hereby amended by striking out the third paragraph.

SECTION 43.Section 39 of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 44. Section 40 of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 45.Section 47 of said chapter 130, as so appearing, is hereby amended by striking out the third sentence.

SECTION 46.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 47.Section 51 of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 48.Section 51A of said chapter 130, as so appearing, is hereby amended by striking out the third sentence.

SECTION 49. 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 50.Said chapter 130 is hereby further 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 51.Said chapter 130 is hereby further 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, without the consent of the licensee or transferee.

SECTION 52.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 53.Section 70 of said chapter 130, as so appearing, is hereby amended by striking out the seventh sentence.

SECTION 54. Section 71 of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 55.Section 72 of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 56.The second paragraph of section 75 of said chapter 130, as so appearing, is hereby amended by striking out the first and second sentences 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 a house of correction for not more than 2 ½ years or 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 57.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 58.Section 81 of said chapter 130, as so appearing, is hereby amended by striking out, in lines 21 and 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 59. 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 60.Section 92 of said chapter 130, as so appearing, is hereby amended by striking out the first and second 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 delivery, 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 61.Said chapter 130 is hereby further 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.

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

SECTION 62.Section 99 of said chapter 130 is hereby repealed.

SECTION 63.Section 100A of said chapter 130, as appearing in the 2016 Official Edition, is hereby amended by striking out the second sentence.

SECTION 64.Section 100B of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 65.Section 100C of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.

SECTION 66.Section 100D of said chapter 130, as so appearing, is hereby amended by striking out the third paragraph.

SECTION 67.Said chapter 130 is hereby further 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 68.Section 103 of said chapter 130 is hereby repealed.

SECTION 69.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 70. 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 section of the city of Boston.

SECTION 71.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 72.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 73. 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 74. Notwithstanding any general or special law to the contrary, upon acquiring any fee interest in land for purposes pursuant to Article XCVII of the Amendments to the Constitution, all state agencies, commissions and boards expending or receiving state funds under this act shall obtain the approval of the secretary of energy and environmental affairs before implementing or endorsing any prohibition of fishing, hunting or trapping on that land and shall provide the secretary with written justification of the prohibition.

SECTION 75. The sums made available pursuant to sections 2 to 2E, 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 76. 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 77. 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, 6720-1350, 6720-1335, 7100-3022, 9300-3909, 9300-7010, 9300-7030, 9300-7031, 9300-7909, 9300-7918, 9300-7919.

SECTION 78. The rule making process required by section 12 of this act shall be completed by June 30, 2019.

SECTION 79. The first state plan required by section 17 of this act shall be completed by September 16, 2018.

SECTION 80. 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 22.

SECTION 81. Section 10 and sections 26 to 48, inclusive, and sections 50 to 68, inclusive shall take effect 90 days after the effective date of this act.

SECTION 82. 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 of representatives and the senate. The report shall include, but not be limited to, description of the project or projects, 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 83. 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.