Amendment #66 to H4912

Combatting Climate Change by Preserving Open Space

Representatives Balser of Newton, Pignatelli of Lenox, Peisch of Wellesley, Hawkins of Attleboro, Barber of Somerville, Lewis of Framingham, Nguyen of Andover, Livingstone of Boston, Gentile of Sudbury, Linsky of Natick, Scaccia of Boston, Ultrino of Malden, Sabadosa of Northampton and Khan of Newton move to amend the bill, as amended, by adding the following section:

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

CHAPTER 131B PUBLIC LANDS PRESERVATION ACT.

The commonwealth and its governmental entities, including but not limited to municipalities, in order to use for other purposes or otherwise dispose of land or easements taken or acquired pursuant to Article 97 of the Articles of Amendments to the Constitution or designated in perpetuity for the Article’s purposes shall (1) prior to the filing of legislation petitioning for such change in use or disposition, perform an alternatives analysis and notify the public and the secretary of energy and environment (“secretary’) and (2) provide replacement land, not already so taken, acquired or dedicated, of equal or greater acreage and natural resource value as determined by the secretary, which replacement land shall then be dedicated in perpetuity for the same natural resource purposes. The secretary upon request may waive the replacement land requirement, if the disposition involves only transfer of legal control between public entities.

SECTION 2. The secretary shall within one year of passage of this act promulgate regulations to implement SECTION 1.

Additional co-sponsor(s) added to Amendment #66 to H4912

Combatting Climate Change by Preserving Open Space