Budget Amendment ID: FY2024-S3-63

ENV 63

Variance Process for School Building Projects

Mr. Finegold moved that the proposed new text be amended by inserting after section 53 the following section:-

“SECTION _____. Section 40 of chapter 131 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding after the nineteenth paragraph the following paragraph:-

Notwithstanding the provisions of this section, upon the receipt of a request for a variance, the commissioner or their designee may, by a written order issued within sixty days of receipt of such request and signed by the commissioner or their designee, waive the application of a regulation or condition issued by the department pursuant to this section if the proposed use is a school project as defined in section 2 of chapter 70B of the General Laws; provided, however, that: (i) the commissioner or their designee finds that there are no reasonable conditions or alternatives that would allow the project to proceed in compliance with the rules and regulations promulgated by the department pursuant to this section; and (ii) mitigating measures are proposed by the applicant that will allow the project to be conditioned so as to contribute to the protection of the interests identified in this section and its implementing regulations. A request for a variance shall be made in writing and shall include, at a minimum: (i) a description of alternative school projects explored that would allow the school project to proceed in compliance with the rules and regulations promulgated by the department pursuant to this section and an explanation of why each is infeasible; and (ii) a description of the mitigating measures to be used to contribute to the protection of the interests identified in this section and its implementing regulations. The request for a variance shall be sent to the department by certified mail or hand delivered and a copy thereof shall at the same time be sent by certified mail or hand delivered to the conservation commission and any other parties.”