Amendment ID: S3050-201
Amendment 201
Forest Protection Amendment
Mr. Mark, Ms. Comerford, Ms. Jehlen, Messrs. Rush, Keenan, Collins, Cronin and Moore and Ms. Lovely move that the proposed new draft be amended by striking out section 7 and inserting in place thereof the following section:-
“SECTION 7. Chapter 21 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 2G the following section:-
Section 2H. (a) The commissioner shall consider land under the care and control of the department for potential designation and long-term passive management as a forest reserve and shall recommend designation of land as a forest reserve provided that such designation shall: (i) contribute to carbon sequestration and storage as part of the Commonwealth’s climate mitigation strategy; (ii) provide an opportunity for unique older forest habitats to mature and develop over time without intended intervention in ecological processes as part of a holistic, statewide, biodiversity conservation strategy; (iii) enhance climate resilience through the maintenance of connected natural landscape blocks and species movement corridors that provide a variety of important ecosystem processes, functions and services; (iv) provide unique opportunities for compatible passive outdoor recreation and other public enjoyment to serve a diverse public with wide-ranging recreational values; and (v) facilitate ecological research, comparative studies of forest dynamics and long-term monitoring to evaluate reserves as compared to other land management approaches.
(b) The Commissioner shall identify, mark and inform the public regarding all existing designated Reserve areas under its care, custody and control as of the date of enactment of this law and make them permanent.
(c) Within 90 days after this law takes effect, the secretary of the Executive Office of Energy and Environmental Affairs shall designate a “reserves scientific and technical advisory committee” hereinafter referred to as the Committee, to oversee the designation and management of the Reserves, and to suggest additional acquisitions to enhance the ecological value of the Reserves program as a whole. The Committee shall consist of nine members, including: one member from the Harvard Forest or designee, who is an expert in forestry and forest management; one member from the Highstead Foundation or designee, who is an expert in forest ecology; one member from the Center for Biological Diversity or designee, who is an expert in nongame wildlife and endangered species; one member from the Native Plant Trust or designee, who is an expert in the field of plant ecology; one member from the Woodwell Climate Research Center or designee, who is an expert in climate; one member from the University of Massachusetts who has technical training and experience in the field of soil or watershed science; one member from Friends of the Middlesex Fells or designee; one member from Friends of the Mohawk Trail State Forest or designee, one member to represent the Indigenous community of Massachusetts.
The department shall hold a public hearing in accordance with the provisions of Chapter 30A, for any substantial management or other activities in designated Reserves
(d) Within one year after this law takes effect, the department shall designate a minimum of 80% of all state forest properties under its care, custody and control as permanent Reserves. Further designations shall be determined by the reserve science and technical advisory committee as additional lands are acquired in order to maintain the minimum of 80% at all times.
(e) The commissioner, with the approval of a simple majority of the stewardship council members present at a duly called meeting of the council, may designate additional land under the care and control of the department a forest reserve.
(f) Designation of additional land as a forest reserve shall constitute an administrative designation and shall not change the entity with respect to the care, custody and control of the land; constitute a change in the use of the land; otherwise dispose of land or an interest in land; or otherwise change the existing status of the land as a state forest, state park or other land management unit.
(g) The department shall passively manage the forest reserves to allow natural processes to determine changes in the structure and composition of the forest ecosystem to the greatest degree possible. Forest reserves shall not be managed for production of timber or forest products or intentionally manipulated, and active management shall be avoided, even when disturbances occur, to the extent feasible. After consultation with a reserve science and technical advisory committee to be administered by the secretary of energy and environmental affairs, the division may undertake actions if proven necessary to (i) sustain natural ecosystems, vital ecosystem services and native habitats; (ii) control problematic pests, pathogens and invasive species using low-impact practices; (iii) restore water and wetland resources; (iv) protect public health, safety, and welfare; or (v) address other circumstances as may be required by law.
The application of pesticides or herbicides shall not be permitted unless there is a clear threat to public health and safety, as determined by the Massachusetts Department of Public Health.
Other compatible activities may be allowed in Reserves, such as passive recreation, regulated hunting and trapping, maintenance or repair of existing forest roads, trails and administrative access points, preservation of historic and cultural resources, monitoring and research activities,and permitted indigenous cultural practices as determined with consultation with the Indigenous Peoples Partnership Coordinator.
(h) Chapter 92A1/2 Section 16 of the General Laws is hereby amended by adding the following-
Within one year after this law takes effect, the Department of Conservation and Recreation Division of Water Supply Protection shall designate a minimum of 90% of all watersheds and watershed lands under its care, custody and control as permanent Reserves. Further designations shall be determined by the reserves scientific and technical advisory committee, as additional lands are acquired in order to maintain the minimum of 90% at all times. All management, oversight and allowed activities in the reserves will be subject to Chapter 21 Section 2 H of the General Laws.
(i) Chapter 132 of the General Laws is hereby amended by replacing Section 34A with the following-
The commissioner may not approve or provide for the installation of new commercial solar arrays, wind electricity generating systems, gas pipelines, commercial communications sites, commercial transmissions lines, cellular communications towers, standalone battery energy storage facilities, or other such industrial infrastructure; provided that new solar installations will be allowed if they have the primary purpose of supplying electricity to an existing or approved public facility and the added environmental impacts would not be significant, and the installation of new communication hardware or replacement of existing communications hardware on existing fire towers or communications sites will be allowed if they would not have significant environmental impacts, inclusive of all properties with land under a Watershed Preservation Restriction.”;
and further amended by striking out section 48 and inserting in place thereof the following section:-
“SECTION 48. Chapter 131 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 6 the following section:-
Section 6A.(a) The director of the division of fisheries and wildlife shall consider land under the care and control of the division for potential designation and long-term passive management as a forest reserve and shall recommend designation of land as a forest reserve where such designation will: (i) contribute to carbon sequestration and storage as part of the commonwealth’s climate mitigation strategy; (ii) provide an opportunity for unique older forest habitats to mature and develop over time without intended intervention in ecological processes as part of a holistic, statewide, biodiversity conservation strategy; (iii) enhance climate resilience through the maintenance of connected natural landscape blocks and species movement corridors that provide a variety of important ecosystem processes, functions and services;(iv) provide unique opportunities for compatible passive outdoor recreation and other public enjoyment to serve a diverse public with wide-ranging recreational values; and (v) facilitate ecological research, comparative studies of forest dynamics, and long-term monitoring to evaluate reserves as compared to other land management approaches.
(b) The director shall identify, mark and inform the public regarding all existing designated Reserve areas on the lands referred to as Wildlife Management Areas under its care, custody and control as of the date of enactment of this law and make them permanent.
(c)Within 90 days after this law takes effect, the secretary of the Executive Office of Energy and Environmental Affairs shall designate a “reserves scientific and technical advisory committee” hereinafter referred to as the Committee, to oversee the designation and management of the Reserves, and to suggest additional acquisitions to enhance the ecological value of the Reserves program as a whole. The Committee shall consist of nine members, including: one member from the Harvard Forest or designee, who is an expert in forestry and forest management; one member from the Highstead Foundation or designee, who is an expert in forest ecology; one member from the Center for Biological Diversity or designee, who is an expert in nongame wildlife and endangered species; one member from the Native Plant Trust or designee, who is an expert in the field of plant ecology; one member from the Woodwell Climate Research Center or designee, who is an expert in climate; one member from the University of Massachusetts who has technical training and experience in the field of soil or watershed science; one member from Friends of the Middlesex Fells or designee; one member from Friends of the Mohawk Trail State Forest or designee, one member to represent the Indigenous community of Massachusetts.
The department shall hold a public hearing in accordance with the provisions of Chapter 30A, for any substantial management or other activities in designated Reserves.
(d) Within one year after this law takes effect, the department shall designate a minimum of 30% of all Wildlife Management Area lands under its care and control as permanent Reserves. Further designations shall be determined by the reserve science and technical advisory committee as additional lands are acquired in order to maintain the minimum of 30% at all times.
(e) The director, with approval of a simple majority of the fisheries and wildlife board present at a duly called meeting of the board, may designate additional land under the care and control of the division as a forest reserve.
(f) Designation of additional land as a forest reserve shall constitute an administrative designation and shall not change the entity with care, custody and control of the land; constitute a change in the use of the land; otherwise dispose of land or an interest in land; or otherwise change the existing status of the land as a wildlife management area or other land management unit.
(g) The department shall passively manage forest reserves to allow natural processes to determine changes in the structure and composition of the forest ecosystem to the greatest degree possible. Forest reserves shall not be managed for production of timber or forest products or intentionally manipulated, and active management shall be avoided, even when disturbances occur, to the extent feasible. After consultation with a reserve science and technical advisory committee to be administered by the secretary of energy and environmental affairs, the division may undertake actions if proven necessary to (i) sustain natural ecosystems, vital ecosystem services and native habitats; (ii) control problematic pests, pathogens and invasive species using low-impact practices; (iii) restore water and wetland resources; (iv) protect public health, safety, and welfare; or (v) address other circumstances as may be required by law.
The application of pesticides or herbicides shall not be permitted unless there is a clear threat to public health and safety, as determined by the Massachusetts Department of Public Health.
Other compatible activities may be allowed in Reserves, such as passive recreation, regulated hunting and trapping, maintenance or repair of existing forest roads, trails and administrative access points, preservation of historic and cultural resources, monitoring and research activities, and permitted indigenous cultural practices as determined with consultation with the Indigenous Peoples Partnership Coordinator.”