SENATE . . . . . . . . . . . . . . No. 2591
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The Commonwealth of Massachusetts
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the One Hundred and Ninetieth General Court
(2017-2018)
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SENATE, Monday, July 9, 2018
The committee on Ways and Means, 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) (the committee on Bonding, Capital Expenditures and State Assets having recommended that the bill be amended by substituting a new text (Senate, No. 2590); 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 2591.
[Bond authorization: $2,192,333,000]
For the committee,
Karen E. Spilka
SENATE . . . . . . . . . . . . . . No. 2591
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The Commonwealth of Massachusetts
_______________
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 laws 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 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 underground storage tank and leak inspection equipment funded under the program shall comply with applicable laws and regulations of the commonwealth and the federal government; provided further, that program grants and loans shall be made available only to small-business owners or operators of eligible dispensing facilities not located on land owned by the commonwealth; provided further, that priority for grants and loans under the program shall be given to eligible dispensing facilities that are 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, not later than January 31, 2019, adopt standards to implement the program, including general guidelines and requirements for owners and operators to apply for grants and loans and the criteria used to evaluate applications for 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 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; provided further, that not less than $6,000,000 shall be expended for the dredging and conservation of Salisbury Pond at Institute Park in the city of Worcester; and provider further, that not less than $1,500,000 be expended for the design and construction of a public safety boat house on Lake Quinsigamond in the city of Worcester...………………....………..……………...$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, 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 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 assure the continued presence and effectiveness of such projects for the expected life of the projects; provided further, 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 charter of that 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 related facilities and equipment, including, but not limited to, seawalls, jetties, revetments, 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; 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; and provided further, that not less than $1,000,000 shall be expended for the costs associated with the replacement of the Factory Pond dam in the town of Holliston...............................……$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, forest land protection and 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 those 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.........................................................................$32,000,000
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 and 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, and 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, and 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, and to provide for sustainable water management initiative related research and implementation projects conducted by the department of fish and game and its divisions, and 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, and 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, 33 U.S.C. section 1288, and to fund pilot projects that test innovative and green wastewater management technologies and approaches, and 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, and to provide grants and technical assistance to public water suppliers for energy efficiency improvements for drinking water systems, and 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, and to support the preparation and implementation of geographic response plans for the commonwealth’s inland waterways, and to provide grants to municipalities to support compliance with the federal municipal separate storm sewer system permit; provided, that the secretary of energy and environmental affairs may provide guidance for planning, prioritization, selection and implementation of projects in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan; provided further, that not less than $1,000,000 shall be expended to increase the sewer main capacity in the town of Hopkinton; and provided further, that not less than $1,000,000 shall be expended for the replacement of equipment at the Springvale water treatment facility in the town of Natick……………………………………...........................………………..$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; provided, that not less than $1,000,000 shall be expended for the costs associated with the expansion of the Beaver street recycling center in the city known as the town of Franklin...........………$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 action necessary to implement chapter 21E of the General Laws and the Massachusetts Contingency Plan……………$40,000,000
Department of Fish and Game
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, 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; 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………………………………………………………….…....……………….....$50,000,000
2300-7022For river and wetland restoration programs in the division of ecological restoration, the riverways program and the office of the commissioner of fish and game; provided, that funds authorized by 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, 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, provided, 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, that 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 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 may be expended for the agricultural environmental enhancement program on the abatement of all forms of pollution generated from agricultural activities; and provided further, that funds 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 programs of the department of agricultural resources that may be suggested by the commissioner; 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 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
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; provided, that not less than $6,000,000 shall be expended for environmental justice projects in the city of Framingham ………………….......………...……...$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 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, prioritizing, selecting and implementing 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 United States Department of the Interior, for continuous data collection and analysis regarding water resources; provided further, that the secretary of energy and environmental affairs may provide guidance for planning, prioritizing, selecting and implementing projects in furtherance of the goals of climate change mitigation and adaptation and consistent with the integrated state hazard mitigation and climate change adaptation plan; provided further, that not less than $1,500,000 shall be expended for the design and construction of a forebay on Indian Lake in Worcester…………….....……………….....……..........…...$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 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 further, 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, prioritizing, selecting and implementing 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 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, prioritizing, selecting and implementing 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 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; provided further, that not less than $2,000,000 shall be expended for the planning, design and construction of a trail and any related structures and infrastructure in dedication to former Representative Chris Walsh in the city of Framingham; and provided further, that not less than $2,000,000 shall be expended for the Upper Charles bike trail in the town of Ashland….…………$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 that 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 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 shall assure the continued presence and effectiveness of such projects for the expected life of the projects; provided further, that the use of such funds by municipal governmental bodies on lands held by nonprofit conservation organizations or on private lands shall require the affirmative vote of a majority of all the members of the city council in a city having a Plan D or Plan E charter, the vote of the city council in a city not having such a charter, subject to the charter of such a city, and the majority vote at a town meeting in a town.……………..………....…….$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 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 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
2000-7061For 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; provided, that the 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 the 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 further, 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 that 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 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 further, 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 and 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
6121-1715For 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 that are eligible to receive federal funds under this act unless state matching funds exist that 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, $1,543,500,000. 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 said Article LXII. 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 2 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.
(c) Annually, not later than December 1, the secretary shall report on the activities of the fund to the clerks of the senate and house of representatives and to the senate and house committees on ways and means. The report shall include an accounting of expenditures made from the fund with a description of the authorized purpose of each expenditure, an accounting of amounts credited to the fund and any unexpended balance remaining in the fund.
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.
(c) Annually, not later than December 1, the secretary shall report on the activities of the fund to the clerks of the senate and house of representatives and to the senate and house committees on ways and means. The report shall include an accounting of expenditures made from the fund with a description of the authorized purpose of each expenditure, an accounting of amounts credited to the fund and any unexpended balance remaining in the fund.
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 a 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 a 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 said 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 a violation of section 23, 25, 67, 68, 75, 95 or 100D of said 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 a 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 fine specified in this section, a supplemental fine of $10 per fish; provided, however, that for the purposes of this paragraph, the term “fish” shall have the meaning provided in section 1 of chapter 130, but shall not include bi-valve shellfish.
SECTION 11.Said chapter 21A is hereby further amended by adding the following new section:-
Section 27. (a)(1) There shall be established within the executive office of energy and environmental affairs a program to facilitate, through municipal ordinances or bylaws, the transfer of development rights to protect conservation values and encourage development through market incentives. For purposes of this section, “secretary” shall mean the secretary of energy and environmental affairs and “transfer of development rights” shall have the same meaning as provided in section 1A of chapter 40A.
(2) 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: (i) establish a municipal transfer of development rights revolving fund under section 53E½ of chapter 44 for the purchase and sale of the transfer of development rights; and (ii) 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: (A) enables the acquisition, retention and disposition of the transfer of development rights; (B) 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 this section; (C) requires that the land from which development rights will be extinguished shall be subject to a permanent conservation, watershed preservation, agricultural preservation or preservation restriction pursuant to sections 31 to 33, inclusive, of chapter 184; (D) requires that the restriction described in clause (C) 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; provided, however, that if the land is submitted for approval by the appropriate state official but does not qualify or is not approved for such a restriction the land shall be subject to a restrictive covenant extended in perpetuity pursuant to sections 26 to 30, inclusive, of said chapter 184, and such a covenant shall be: (1) approved by the planning board and the city council or board of selectmen, as appropriate; (2) held by the municipality or a non-profit organization permitted to hold restrictions pursuant to section 32 of said chapter 184; and (3) duly recorded or registered, as applicable; (E) provides reasonable assurance that an area designated for receipt of transferred development rights is properly sized based on the potential increase in growth that may result from transfers to the area, and that the area is appropriate for additional growth based on its location, the availability of infrastructure or planned infrastructure development and access to municipal services; and (F) 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 (C); and (3) procedures, including any limitations, 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 shall: (i) follow the provisions of chapter 30B when acquiring or disposing of transferable development rights; (ii) 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; (iii) keep permanent records of all restrictions recorded and transferable development rights created, acquired, held, sold, disposed or exercised, and report on these activities to the secretary in a manner directed by the secretary; and (iv) 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 a municipality shall fail to pay to the Transfer of Development Rights Revolving Fund any principal, interest or other charges payable under a loan or loan agreement, when due and after demand, the secretary may certify to the state treasurer the amount owed by the municipality to the Transfer of Development Rights Revolving Fund 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 owed over a 10 year period. The state treasurer shall promptly pay over to the secretary for deposit in the Transfer of Development Rights Revolving Fund, without further appropriation, local aid distributions in the amounts requested by the secretary and otherwise certified to the state treasurer as payable to the municipality.
SECTION 12. Section 1 of chapter 21N of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the definition of “Allowance” and inserting in place thereof the following 2 definitions:-
“Allowance”, an authorization to emit, during a specified year, up to 1 ton of carbon dioxide equivalent.
“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 13. 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 14. Said section 1 of said chapter 21N, as so appearing, is hereby further amended by inserting after the definition of “Secretary” the following definition:-
“State plan”, the integrated state climate adaptation and hazard mitigation plan which shall include the state hazard mitigation plan, required by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, 42 U.S.C. section 5121, et seq., and any subsequent revisions of the plan developed pursuant to this chapter.
SECTION 15. 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 16. 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, every 5 years, publish a state plan that includes a statewide adaptation strategy incorporating: (i) 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; (ii) risk analysis and vulnerability assessment of: (A) key physical assets and functions of state government, municipalities and local economies; (B) natural resources; and (C) the built environment; provided, however, that the analysis and assessment shall include key findings from vulnerability assessments conducted pursuant to subsection (b); (iii) an evaluation of the commonwealth’s capacity to respond and adapt to climate change impacts and opportunities; (iv) 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; (v) clear goals, expected outcomes and a path to achieving results; (vi) approaches for the commonwealth to increase the resiliency of state government operations; (vii) 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 (viii) 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: (i) 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; (ii) establish and maintain a framework for each municipality in the commonwealth that chooses to complete a vulnerability assessment to incorporate the assessment, if the municipality so chooses, into the state plan; (iii) implement the state plan; and (iv) 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: (i) serve as such office’s principal liaison regarding climate change mitigation, adaptation and resiliency efforts; (ii) assist in the development and implementation of the state plan; (iii) 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 (iv) 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: (i) 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; (ii) technical planning guidance; (iii) a statewide catalogue of municipal climate vulnerabilities and impacts identified through the assessment process that may be incorporated into the state plan; and (iv) 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 17.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 18.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 19.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 20.Section 5 of chapter 65C, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following 2 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 not less than 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 that 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 under 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 record or by affidavit 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 in section 31 of chapter 184,that is 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 specified in this clause.
The assessment shall be equal to 100 per cent of the savings if such date is not more than 1 year of the applicable date; 90 per cent of the savings if such date is more than 1 year but not more than 2 years of the applicable date; 80 per cent of the savings if such date is more than 2 years but not more than 3 years of the applicable date; 70 per cent of the savings if such date is more than 3 years but not more than 4 years of the applicable date; 60 per cent of the savings if such date is more than 4 years but not more than 5 years of the applicable date; 50 per cent of the savings if such date is more than 5 years but not more than 6 years of the applicable date; 40 per cent of the savings if such date is more than 6 years but not more than 7 years of the applicable date; 30 per cent of the savings if such date is more than 7 years but not more than 8 years of the applicable date; 20 per cent of the savings if such date is more than 8 years but not more than 9 years of the applicable date; 10 per cent of the savings if such date is more than 9 years but not more than 10 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 not more than 1 year of the applicable date; and 15 per cent of the savings if such date occurs more than 1 year but not more than 2 years of the applicable date.
(ii) If an election has been made with respect to: (A) qualifying non-committed land which, on the applicable date, fails to meet the definition of forest land under chapter 61; (B) land actively devoted to agricultural, horticultural or agricultural and horticultural uses under chapter 61A; or (C) 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 not more than 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 involved, 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 not more than 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 not more than 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 only be imposed under this subsection on 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 that 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 21.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 22.The fourth paragraph of said section 25 of said chapter 90B, as amended by section 21, is hereby further amended by adding the following 2 sentences:- 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 23.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 as directed 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 not more than 90 days after appointment, and every 2 years thereafter. The director may require additional training for animal inspectors as needed.
(c) An inspector who refuses or neglects to comply with this section shall be punished by a fine of not more than $500.
SECTION 24. 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 manner, electronic format or medium necessary to implement this section, including any forms or records to be utilized and kept by inspectors; provided, however, that such forms and records shall be retained for at least 10 years in an electronic database implemented and maintained by the director.
SECTION 25.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 this chapter shall , unless otherwise provided, be: (i) punished by a fine of not less than $400 but not more than $10,000 or by imprisonment in the house of correction for not more than 2 ½ years or by both such fine and imprisonment; or (ii) liable for a civil penalty not to exceed $10,000 for each violation. The civil penalty may be assessed in an action brought on behalf of the commonwealth in the superior or district court.
SECTION 26.Section 13 of said chapter 130, as so appearing, is hereby amended by striking out the third paragraph.
SECTION 27.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 the propagation or protection of fish or, contrary to regulations, fish in waters so set apart and used after the director has caused printed notice 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. No person shall injure or deface any such building or other structure or any notice so posted and no person shall injure or deface any property used in any such experiment or investigation or for such purposes, or otherwise interfere with any property used in any such experiment or investigation or for such purposes.
SECTION 28.Section 19 of said chapter 130, as so appearing, is hereby amended by striking out the fifth paragraph.
SECTION 29.The sixth paragraph of said section 19 of said chapter 130, as so appearing, is hereby amended by striking out the third sentence.
SECTION 30.Section 21 of said chapter 130, as so appearing, is hereby amended by striking out the fifth paragraph.
SECTION 31.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: (i) put, throw, discharge or suffer or permit to be discharged or permit the escape of any oil, poisonous or other injurious substance into any coastal waters; provided, however, that such substances shall include, 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 injures fish, fish spawn or seed therein; (ii) take any such fish by any such means; (iii) kill or destroy fish in any such waters by the use of dynamite or other explosives; (iv) take any such fish in such waters by such means; or (v) explode dynamite or other explosive in such waters.
SECTION 32.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 fish trap in the tidewater unless in accordance with this section.
SECTION 33.Section 30 of said chapter 130, as so appearing, is hereby amended by striking out the second sentence.
SECTION 34. Said chapter 130 is hereby further 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 a weir, pound net, fish trap, seine, set net or lobster or crab pot or other fishing gear or a 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.
SECTION 35.Section 33 of said chapter 130, as so appearing, is hereby amended by striking out the last sentence.
SECTION 36.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 June 15, inclusive, 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 37.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, however, that such smelt so taken shall be immediately liberated alive in the waters from which it was taken.
SECTION 38.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 molest or disturb smelt or their spawn within such closed areas.
SECTION 39.The fourth paragraph of section 37 of said chapter 130, as so appearing, is hereby amended by striking out the first sentence.
SECTION 40.Section 38 of said chapter 130, as so appearing, is hereby amended by striking out, in lines 82 to 84, inclusive, 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 41. Section 38A of said chapter 130, as so appearing, is hereby amended by striking out the last paragraph.
SECTION 42.Section 39 of said chapter 130, as so appearing, is hereby amended by striking out the last sentence.
SECTION 43. Section 40 of said chapter 130, as so appearing, is hereby amended by striking out the last sentence.
SECTION 44.Section 47 of said chapter 130, as so appearing, is hereby amended by striking out the last sentence.
SECTION 45.Said chapter 130 is hereby further 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 46.Section 51 of said chapter 130, as so appearing, is hereby amended by striking out the last sentence.
SECTION 47.Section 51A of said chapter 130, as so appearing, is hereby amended by striking out the last sentence.
SECTION 48. Section 52 of said chapter 130, as so appearing, is hereby amended by inserting after the word “therefor”, 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 49.Said chapter 130 is hereby further amended by striking out sections 66 and 67, as so appearing, and inserting in place thereof the following 2 sections:-
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 the violation.
Section 67. No person shall, without the consent of the licensee or transferee, as the case may be: (i) work a dredge, oyster tongs, rake or 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 any corresponding provision of earlier law; (ii) in any way, disturb the growth of the shellfish thereon; (iii) discharge any substance which may directly or indirectly injure the shellfish upon any such grounds or beds; or (iv) 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.
SECTION 50.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 a license granted under section 57 or any corresponding provision of earlier law, during the continuance of the license or of a renewal thereof.
SECTION 51.Section 70 of said chapter 130, as so appearing, is hereby amended by striking out the last sentence.
SECTION 52. Section 71 of said chapter 130, as so appearing, is hereby amended by striking out the last sentence.
SECTION 53.Section 72 of said chapter 130, as so appearing, is hereby amended by striking out the last sentence.
SECTION 54.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 such permit, digs or takes shellfish for any purpose from any area determined under section 74 or section 74A or under any corresponding provision of earlier law to be contaminated, while such determination is in force, and whoever 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 jail or house of correction for not more than 2 ½ years or by imprisonment in the state prison for not more than 3 years, by a fine of not less than $500 and not more than $10,000 or by both such fine and imprisonment.
SECTION 55.Section 80 of said chapter 130, as so appearing, is hereby amended by striking out, in lines 73 and 74, the words “ten dollars nor more than ten thousand dollars” and inserting in place thereof the following words:- $400 and not more than $10,000.
SECTION 56.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 and not more than $10,000.
SECTION 57. Section 82 of said chapter 130, as so appearing, is hereby amended by striking out, in lines 18 and 19, the words “one hundred nor more than ten thousand dollars” and inserting in place thereof the following words:- $400 and not more than $10,000.
SECTION 58.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 and no person shall 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 59.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 the permission thereof or that of its lessees, in a fishery legally established 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 offense.
SECTION 60.Section 99 of said chapter 130 is hereby repealed.
SECTION 61.Section 100A of said chapter 130, as appearing in the 2016 Official Edition, is hereby amended by striking out the last sentence.
SECTION 62.Section 100B of said chapter 130, as so appearing, is hereby amended by striking out the last sentence.
SECTION 63.Section 100C of said chapter 130, as so appearing, is hereby amended by striking out the last sentence.
SECTION 64.Section 100D of said chapter 130, as so appearing, is hereby amended by striking out the last paragraph.
SECTION 65.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 66.Section 103 of said chapter 130 is hereby repealed.
SECTION 67.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 68. The fourth paragraph of section 44 of chapter 85 of the acts of 1994 is hereby amended by inserting after the word “Canton”, as appearing in section 127 of chapter 46 of the acts of 2015, the following words:- , Randolph Avenue Stables 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 69.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 70.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, however, 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 71. 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 consultants.
SECTION 72. 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 73. The sums made available in 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 74. 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 75.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 76. The first state plan required by section 10 of chapter 21N of the General Laws shall be completed on or before September 16, 2018.
SECTION 77. Any person serving as an inspector of animals on the effective date of this act shall, within 1 year after such effective date, complete all state-funded training that the director of animal health determines is required for newly-appointed inspectors of animals under section 18 of chapter 129 of the General Laws, as appearing in section 23.
SECTION 78. 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, a description of any 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 not later than December 30, 2018 and subsequent reports shall be submitted not later than June 30 of each year thereafter for 10 years after the effective date of this act.
SECTION 79. Notwithstanding any general or special law to the contrary, the director of marine fisheries, in consultation with the commissioner 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 interjurisdictional fisheries management and a review and analysis of the potential biological and population dynamics of the Homarus Aericanus species as a result of such changes.
SECTION 80. The secretary of energy and environmental affairs may, by regulation, modify the loan terms of subsection (d) of section 27 of chapter 21A of the General Laws; provided, however, that no modifications shall be made before January 1, 2022.
SECTION 81. Not later than January 6, 2020, the director of animal health shall file a report with the department of agricultural resources outlining the process, timeline and steps for designing and implementing the database pursuant to section 25 of chapter 129 of the General Laws.
SECTION 82. Section 10, sections 25 to 47, inclusive, and sections 49 to 67, inclusive shall take effect 90 days after the effective date of this act.