Consolidated Amendment "A" to S3064
Consolidated Amendment A
Fiscal Note: $0
Amendments: 3, 10, 17, 18, 22, 24, 25, 28, 33, 37, 47, 49, 51, 60, 62, 68, 74, 80, 81, 86, 88, 92, 95, 99, 104, 105, 112, 122, 124, 125, 149, 171, 172, 174, 176, 177, 181, 182, 185, 186, 187, 188, 190, 191, 208, 213, 214, 224, 236, 238, 249, 251, 253, 260, 268, 269, 276, 280, 281, 292, 293, 294, 304, 305, 309, 310, 311, 320, 321, 335, 338, 348, 350, 351, 352, 353, 357, 364, 365, 367, 369, 376, 383, 388, 391, 393, 394, 400, 401, 405, 406, 428, 436, 441, 447, 448, 453, 454, 467, 468, 469, 471, 475, 480, 490, 495, 502, 503, 506, 517, 519, 524, 526, 534, 540, 544, 548, 558, 571, 575
Mr. Michlewitz and others move to amend H.5510 by inserting after section 8 the following 3 sections:-
SECTION 8A. Section 43A of said chapter 21, as appearing in the 2024 Official Edition, is hereby amended by inserting after the word “section”, in line 1, the following words:- and section 43B.
SECTION 8B. Subsection (g) of said section 43A of said chapter 21, as so appearing, is hereby further amended by striking out, in lines 77 to 96, the first 2 paragraphs and inserting in place thereof the following paragraph:-
(g) The department shall: (i) require permittees to report the volume of discharge from its outfall; (ii) assist permittees with installing accurate metering equipment to measure discharge from its outfall; and (iii) issue public advisories within timeframes established pursuant to subsections (c) and (d).
SECTION 8C. Said chapter 21, as so appearing, is hereby further amended by inserting after section 43A the following section:-
Section 43B. (a) The department, in consultation with the department of public health, shall establish quality assurance project plan standards for the testing of water bodies and waterways for bacteria or other pollutants following a discharge from a permittee’s combined sewage overflow outfall.
(b) Subject to appropriation, testing shall be conducted by the department, or its designee, using the department’s quality assurance project plan, within a reasonable amount of time after a combined sewage overflow notification as determined by the department based on the time elapsed since the combined sewage overflow and the flow rate of the river. Testing shall be conducted at multiple locations downstream from each combined sewage overflow outfall. Testing may be suspended December through March based on weather conditions as determined by the department.
(c) Annually, not later than November 1, the department shall compile the data from testing for each combined sewage overflow and produce a report. The department, in consultation with the department of public health, shall use the data to create a predictive model for post-combined sewage overflow water quality.
(d) The department shall use the data pursuant to subsection (c) to determine areas with high bacteria content and shall require any permittee with bacteria content over 235 colony forming units per 100 milliliters to develop a combined sewage overflow mitigation plan, which the department shall approve. Permittees developing an approved mitigation plan shall be prioritized in state storm water funding.
And further amend the bill by inserting after section 10 the following 4 sections:-
SECTION 10A. Section 8 of chapter 21A of the General Laws, as so appearing, is hereby amended by striking out, in line 55, the words “public access board” and inserting in place thereof the following words:- division of fishing and boating access, division of ecological restoration.
SECTION 10B. Said section 8 of said chapter 21A, as so appearing, is hereby further amended by striking out, in line 69, the words “to such rivers, streams and riparian lands” and inserting in place thereof the following words:- as recommended by the division of fishing and boating access.
SECTION 10C. Said chapter 21A is hereby further amended by striking out section 11B, as so appearing, and inserting in place thereof the following section:-
Section 11B. (a) There shall be in the department of fish and game a division of fishing and boating access. The division shall be under the administrative supervision of a director of fishing and boating access. The director shall be appointed and may be removed by the commissioner of the department of fish and game. The director, or a designee, shall serve as the chief engineer of the division of fishing and boating access and the department.
(b)(1) The division may site, design, construct, operate, repair and maintain public access facilities, including, but not limited to, boat launching ramps, car-top boat access areas, sportfishing piers, shorefishing areas and parking areas, which shall provide public access to great ponds and other waters within the commonwealth for recreational fishing and boating. The public access facilities may be located on lands owned by or in which a federal, state, regional or municipal entity has a property interest with the consent of said entity or on lands owned by or in which the department has a property interest. For public access facilities located on lands under the ownership or control of a public entity other than the department, the division may enter into a land management agreement with the public entity in which the public entity shall assume responsibility for the operation and maintenance of the public access facility and for any other activity agreed to by the division and the public entity. The division may provide safety, rescue, patrol and maintenance equipment to public entities that have responsibilities for law enforcement or management of public lands.
(2) The division may provide engineering, construction and technical services to the division of fisheries and wildlife, the division of marine fisheries, and the division of ecological restoration within the department of fish and game.
(c) The division may promulgate regulations governing the use of public access facilities pursuant to this section and the related land and water resources, violation of which may be punished by a fine of not more than $100 and which may be enforced by any employee of the commonwealth, or of a city or town, having police powers.
SECTION 10D. Said chapter 21A is hereby further amended by inserting after section 11B the following section:-
Section 11B 1/2. There shall be a division of ecological restoration in the department of fish and game. The division shall be under the administrative supervision of a director of the division of ecological restoration. The director shall be appointed and may be removed by the commissioner of the department of fish and game. The division shall work with public and non-public entities, including, but not limited to, tribal entities, to protect and restore rivers, wetlands and watersheds for the benefit of people and the environment, including to foster adaptation to climate change. The division may: (i) provide technical assistance and training; (ii) manage river and wetland restoration projects, including, but not limited to, dam removal, culvert upgrades and wetland and salt marsh restoration; (iii) receive grants; (iv) award grants to public and nonpublic entities; (v) contract for services; (vi) enter into agreements with public and non-public entities; and (vii) lead other activities as needed to carry out the purposes of the division.
And further amend the bill in section 11 by striking out, in line 594, the words “Chapter 21A of the General Laws is hereby amended” and inserting in place thereof the following words:- Said chapter 21A is hereby further amended.
And further amend the bill by inserting after section 11 the following 6 sections:-
SECTION 11A. Chapter 21A of the General Laws is hereby amended by adding the following section:-
Section 32. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Brand”, a name, symbol, word or mark that attributes a mattress as the producer of the mattress.
“Consumer”, a person, which shall include, but shall not be limited to, individuals, families and business entities, who purchases a mattress for use in the commonwealth.
“Department”, the department of environmental protection.
“Discarded mattress”, a mattress that has been used and abandoned or discarded within the commonwealth; provided, that “discarded mattress” shall not include a mattress transported from outside the commonwealth to be discarded within the commonwealth.
“Environmentally sound management”, includes, but shall not be limited to, the following management practices, implemented in a manner that are designed to protect public health and safety and the environment: (i) keeping detailed documentation of the methods used to: (A) recycle, reuse or renovate discarded mattresses to the extent feasible, cost-effective and environmentally efficient; and (B) track and document the fate of program mattresses from collection through final disposition; (ii) keeping adequate records; (iii) conducting performance audits and inspections as determined by a stewardship organization; (iv) complying with worker health and safety requirements; and (v) maintaining adequate liability insurance for a stewardship organization and contractors working for the stewardship organization.
“Final disposition”, the point beyond which no further processing takes place and a discarded mattress and its components have been recycled, renovated or disposed of.
“Foundation”, a ticking-covered structure that is used to support a mattress or sleep surface and that may be constructed of frames, foam, box springs or other materials, used alone or in combination.
“Mattress”, a resilient material or combination of materials that is enclosed by a ticking, is used alone or in combination with other products and is intended for sleeping upon or a foundation. “Mattress” shall include, but shall not be limited to, a foundation and a renovated mattress or renovated foundation.
“Mattress” shall not include: (i) an unattached mattress pad or unattached mattress topper, including items with resilient filling, with or without ticking, intended to be used with or on top of a mattress; (ii) a sleeping bag or pillow; (iii) a car bed, crib or bassinet mattress; (iv) juvenile products, including, but not limited to, a carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad or crib bumper and the pads for those juvenile products; (v) a product containing liquid- and gaseous-filled ticking, including a waterbed and air mattress that does not contain upholstery material between the ticking and the mattress core; and (vi) upholstered furniture that does not otherwise contain a detachable mattress or that is a fold out sofa bed or futon.
“Person”, the United States, the state, a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or other legal entity.
“Premium service”, a service such as at-home pickup service, including curbside pickup service.
“Producer”, any person, irrespective of the selling technique used, including that of remote sale, that: (i) manufactures a mattress that is sold, offered for sale or distributed within the commonwealth; or (ii) is the owner of a trademark or brand under which a mattress is sold, offered for sale or distributed within the commonwealth, whether or not such trademark or brand is registered within the commonwealth; and (iii) unless covered by (i) or (ii), imports a mattress into the United States that is sold or offered for sale within the commonwealth.
“Program mattress”, a discarded mattress that a stewardship organization shall provide environmentally sound management for under a mattress stewardship program; provided, that “program mattress” shall not include a mattress transported from outside the commonwealth to be discarded within the commonwealth or a mattress rendered unrecyclable by solid waste collection methods.
“Recycler”, a person that recycles discarded mattresses.
“Recycling”, any process in which discarded mattresses and components may lose their original identity or form as they are dismantled and their materials transformed into new, usable or marketable materials.
“Renovate”, to alter a discarded mattress for resale through adding to or replacing the ticking or filling, adding additional filling or replacing components; provided, that “renovate” shall not include: (i) stripping a discarded mattress of the ticking or filling without adding new material; (ii) the sanitization or sterilization of a discarded mattress without other alteration to the discarded mattress; (iii) recycling; or (iv) refurbishing that disqualifies a mattress for a red wholesale renovator tag to be affixed to the mattress, in accordance with the regulations adopted by the department.
“Retailer”, a person that offers new, used or renovated mattresses for retail sale.
“Sale” or “sell”, any transfer of title for consideration, including remote sales conducted through sales outlets, catalogues or the internet or any other similar electronic means; provided, that “sale” or “sell” shall not include a donation.
“Stewardship assessment”, the per unit amount added to the purchase price of a mattress sold to a consumer to cover the costs of a mattress stewardship program.
“Stewardship organization”, a nonprofit organization designated by a producer or group of producers to implement a mattress stewardship program.
“Ticking”, the outermost layer of fabric or related material of a mattress; provided, that “ticking” shall not include any layer of fabric or material quilted together with, or otherwise attached to, the outermost layer of fabric or material of a mattress.
(b)(1) Except as provided in paragraph (3), a producer, renovator or retailer shall not sell or offer for sale any mattress to any person in in the commonwealth unless the producer, renovator or retailer is registered with a stewardship organization with a plan approved by the department pursuant to subsection (d).
(2) On and after the date that a mattress stewardship program is implemented, a retailer shall: (i) purchase a mattress only from a producer or renovator that is registered with a stewardship organization as of the date of purchase as evidenced by information made available by a stewardship organization pursuant to paragraph (4); (ii) collect, at the point of sale, the mattress stewardship assessment established pursuant to a plan approved by the department and remit the mattress stewardship assessment to the stewardship organization that implements the mattress stewardship program; and (iii) provide to consumers, at the point of sale, information on available collection opportunities for discarded mattresses through the mattress stewardship program.
(3) A retailer shall be deemed to be in compliance with this subsection if, on the date the mattress was ordered from the producer or its agent, the producer of the mattress brand is listed on the department’s website as implementing or participating in an approved mattress stewardship program.
(4) A stewardship organization shall make available on the stewardship organization’s website and on request: (i) information on registered brands provided to the stewardship organization by the producers and renovators registered with the stewardship organization; (ii) information on available collection opportunities; and (iii) any other information necessary for retailers to comply with paragraph (2).
(5) A retailer or renovator shall identify the mattress stewardship assessment as a separate line item on the receipt for a mattress provided to a consumer at the point of sale.
(6) A stewardship organization shall use a mattress stewardship assessment collected in the commonwealth to pay the costs to plan, implement, administer and operate a mattress stewardship program in the commonwealth, including a financial reserve to prudently prepare for unexpected costs.
(7) Nothing in this subsection shall prevent a stewardship organization from, with notice to the department, coordinating efforts for carrying out a mattress stewardship program in the commonwealth with programs for the collection and environmentally sound management of discarded mattresses in other states.
(c)(1) A stewardship organization shall submit to the department a plan for the development and implementation of a mattress stewardship program. The plan shall: (i) describe how the stewardship organization will manage and administer a mattress stewardship program; (ii) identify each producer, renovator and retailer that is registered with the stewardship organization as of 30 days before the plan is submitted to the department; and (iii) include a description of how the stewardship organization will provide for the environmentally sound management of program mattresses, regardless of the producer; (iv) establish performance goals for: (A) the collection target and recycling rates of program mattresses; and (B) public awareness of the mattress stewardship program; (v) include an anticipated annual operating budget, as described in paragraph (3), for the mattress stewardship program for 2 years of operation of the program, beginning with the year in which the plan is submitted to the department; (vi) include a proposed method for collecting the mattress stewardship assessment from retailers and a method for ensuring the assessment is remitted to the stewardship organization; provided, that the mattress stewardship assessment shall be sufficient to recover, but not exceed, the costs of establishing and administering the mattress stewardship program; (vii) provide for public education and awareness of discarded mattress collection opportunities statewide and on a regular basis; (viii) address procedures for identifying substantial or material changes to the system for collecting discarded mattresses for which a plan amendment shall be required under subsection (f); and (ix) describe the criteria for determining whether a mattress should be rejected as unacceptable for recycling because it is contaminated, wet, crushed, or would otherwise pose a health or safety risk to personnel or equipment, and how the solid waste sector would dispose of such mattresses. The description pursuant to clause (iii) shall include, but shall not be limited to: (A) identification of the proposed recyclers that the stewardship organization will contract with to process program mattresses and the recycling methods that the recyclers will use; (B) how the stewardship organization will implement the mattress stewardship program to engage in environmentally sound management practices; and (C) describe how non-program mattresses will be handled.
(2) There shall be no charge at the point of collection of discarded program mattresses; provided, however, that the stewardship organization may allow for a person that provides a premium service under the mattress stewardship program to charge for the additional cost of that premium service for program mattresses.
(3) The anticipated annual operating budget for a mattress stewardship program shall include, but shall not be limited to, budget line items relating to the: (i) collection, transportation and processing of program mattresses; (ii) anticipated amount of moneys that the stewardship organization will hold in unallocated reserve funds for the mattress stewardship program; and (iii) annual fee to be paid to the department pursuant to paragraph (3) of subsection (g).
(4) In operating a mattress stewardship program, a stewardship organization shall: (i) meet the requirements of the plan submitted under this subsection, as approved by the department pursuant to subsection (e); and (ii) meet or exceed the service requirements pursuant to subsection (d).
(d)(1) A plan submitted pursuant to subsection (c) shall provide for convenient consumer access to the program, including permanent mattress dropoff locations throughout the commonwealth, collection events in underserved areas of the commonwealth and a convenient way for the public to access a list of mattress collection opportunities.
(2) A plan may provide for methods for providing convenient service that are alternative methods to those provided for in paragraph (1) if, based on a geographic information systems analysis or additional information, the alternative methods shall result in providing service to residents throughout this state at an equivalent level of convenient service compared with the methods provided for under paragraph (1).
(3) A stewardship organization may: (i) establish and maintain collection sites at permitted solid waste facilities or other suitable sites for the collection of discarded mattresses; provided, that such sites shall not impose a fee for making space available for storage containers that the stewardship organization shall provide at no charge; (ii) provide for bulk pickup service at no cost to collect a minimum of 100 properly sourced separated program mattresses at 1 time from persons including: (A) retailers; (B) health care, educational or military facilities; and (C) hotels, motels, inns and other establishments that provide transient lodging; (iii) offer organizations that recycle or renovate discarded mattresses the opportunity to participate as collection sites; and (iv) notify retailers that sell or offer for sale mattresses made or sold by producers or renovators registered with the stewardship organization about the mattress stewardship program and provide retailers with information necessary to comply with this subsection.
(e)(1) The department shall approve, reject or request additional information for a plan submitted under subsection (c) or an amendment to a plan submitted under subsection (g) not later than 60 days after the department receives the plan or plan amendment from the stewardship organization. The department shall post a plan or plan amendment on its website and provide for a public comment period of not less than 15 days before approving, rejecting or requesting additional information on the plan or plan amendment.
(2) If the department rejects, or requests additional information pertaining to subsection (c) for, the plan or plan amendment, the department shall provide the stewardship organization with the reasons, in writing, that the plan or plan amendment does not meet the plan requirements of subsection (c). The stewardship organization shall have 30 days from the date that the rejection or request for additional information is received to submit to the department any additional information necessary for the approval of the plan or plan amendment. The department shall review and approve or disapprove the revised plan or plan amendment not later than 30 days after the department receives the revised plan or plan amendment.
(3) The department’s rejection of, or request for additional information for, a plan amendment does not relieve a stewardship organization from continuing to implement a mattress stewardship program in compliance with a previously approved plan pending a final action by the department on the plan amendment.
(4) Not later than 1 year after a plan or amended plan is approved under this section, a stewardship organization shall implement a mattress stewardship program as described in the plan or amended plan.
(f)(1) Each stewardship organization shall submit to the department for approval an amendment to a plan that has been approved by the department under subsection (e) if, at any time: (i) there is a substantial or material change, pursuant to paragraph 1 of subsection (c), to the system for collecting discarded mattresses; or (ii) the department requests an amendment to the plan in order to address a specific finding by the department that the program plan is outdated as described in the program plan.
(2) The department shall review the program plan every 5 years after initial plan approval. If the department determines that the requirements of paragraph (1) have been met, it may require the stewardship organization to submit to the department, an amended plan for its review and approval or rejection.
(3) The department shall not request an amendment pursuant to paragraph (1) until 2 years after the implementation of a mattress stewardship program by the stewardship organization.
(4) Within 30 days of the following, the stewardship organization shall provide written notice to the department: (i) a change in the location or the number of permanent collection sites identified in the plan; (ii) a change in the producers or renovators that are registered with the stewardship organization; or (iii) a change in the recyclers or renovators and transporters that manage the discarded mattresses collected by the stewardship organization under the program.
(5) The stewardship organization may change the amount of such assessment after 1 year from the date when the collection of the stewardship assessment commences; provided, however, that the organization shall not change the amount of such assessment more frequently than annually unless the organization provides good cause to change the assessment earlier and shall provide not less than 90 days notice to the public before the change in the amount of such assessment takes place.
(6) The stewardship organization may conduct a financial review of the fees of those parties required to remit the stewardship assessment to the mattress recycling organization to verify that the assessments paid are proper and accurate and to confirm that all parties required by this article to pay or collect the assessment are paying or collecting the proper amount. The financial review shall be carried out in accordance with generally accepted auditing practices and shall be limited in scope to confirm whether the stewardship assessment has been properly collected on all sales of mattresses to consumers in the commonwealth. The stewardship organization shall hire independent third-party auditors to conduct the financial review. The organization shall provide to the department a copy of such financial review reports.
(7) A proposed change to the mattress stewardship assessment shall not be grounds to require a program plan amendment.
(g)(1) Each stewardship organization that implements a mattress stewardship program pursuant to a plan approved by the department pursuant to section 5 shall, not later than July 1 of each year, submit for review and approval to the department: (i) the annual report pursuant to subsection (b) for the preceding calendar year; and (ii) an updated budget for the upcoming calendar year that follows the budget requirements pursuant to subsection (c);
(2) The annual report submitted by a stewardship organization pursuant to paragraph (1) shall include, but shall not be limited to, with respect to mattresses collected in the commonwealth:
(i) the total sales of mattresses sold to consumers in the commonwealth in the previous calendar year by producers, renovators and retailers registered with the stewardship organization;
(ii) the mattress stewardship program’s costs and revenues for the previous calendar year;
(iii) information on the number and tonnage of discarded mattresses collected pursuant to the mattress stewardship program for recycling during the previous calendar year;
(iv) the weight of mattress materials recycled and the final disposition of mattress materials, by weight and by material, sold as commodities in secondary markets;
(v) the weight of program mattress materials sent for disposal at each of the following: (A) waste-to-energy facilities; (B) landfills; and (C) any other facilities;
(vi) an evaluation of why the mattress materials sent for disposal were not recycled and a description of program efforts to increase the recycling rate of mattress materials under the mattress stewardship program;
(vii) the strategies of the stewardship organization will take to address discarded mattresses that are not program mattresses and discarded mattresses that are illegally dumped;
(viii) a summary of the public education offered in the previous calendar year that supports the mattress stewardship program and examples of public education materials;
(ix) an evaluation of the effectiveness of methods and processes used to achieve the approved program plan goals of the mattress stewardship program, information on progress made toward achieving the goals, an explanation of why any goals were not met during the previous calendar year and any options for improving progress toward meeting the goals in the future, if applicable;
(x) a report by an independent certified public accountant, retained by the stewardship organization at the stewardship organization’s expense, on the accountant’s audit of the stewardship organization’s financial statements;
(xii) a report on the outcome of financial review of entities the stewardship organization contracts with, as provided in subsection (f); and
(xiii) recommendations for changes to the mattress stewardship program, including continuous improvement.
(3) The department shall establish an annual fee to be paid by the stewardship organization that is reasonably calculated to cover the actual costs to the department to administer, implement and enforce this section. The department shall provide notice to a stewardship organization not later than April 1 of each year of the annual fee for the upcoming calendar year. Fees collected by the department under this section shall be credited to the Mattress Stewardship Fund established under section 2PPPPPP of chapter 29.
(h)(1) The department may enter upon and inspect, at any reasonable time, any public or private property, premises or place for the purpose of investigating either an actual or suspected violation of this section.
(2) A stewardship organization shall retain all records related to implementation of a mattress stewardship program for not less than 3 years and make the records available for inspection by the department upon request.
(3) The department shall maintain on its website a list of all producers, renovators and retailers that are in compliance with this section.
(4) Upon a written finding that a manufacturer, renovator, distributor, recycler or retailer has not met a material requirement of this section, in addition to any other penalties authorized under this section, the department may take any of the following actions after affording the manufacturer, organization, renovator, distributor, recycler or retailer a reasonable opportunity to respond to or rebut the finding, to ensure compliance with the requirements of this section:
(i) require additional reporting requirements relating to compliance with the material requirement identified by the department;
(ii) remove the manufacturer, renovator or distributor from the department’s internet website and list of compliant manufacturers, renovators, and distributors, as specified in subsection (b); and
(iii) levy civil penalties as described in subsection (k).
(i)(1) The establishment, administration, setting, collection and disbursement of the stewardship assessment shall be exempt from federal and state antitrust laws.
(2) This section shall not authorize any person to engage in activities or to conspire to engage in activities that constitute per se violations of state or federal antitrust laws that are not authorized under this section.
(3) This subsection shall not apply to any activities related to: (i) pricing agreements for mattresses unrelated to the mattress stewardship assessment; (ii) agreements regarding the output or production of mattresses; or (iii) restrictions on the geographic area in which, or the consumers to whom, mattresses will be sold.
(4) The department shall actively supervise the conduct of a stewardship organization in establishing, administering, collecting and disbursing the mattress stewardship assessment.
(j) The department may adopt rules and regulations as necessary to implement this section.
(k)(1) A retailer that violates this section shall be subject to a civil penalty not greater than $100 per day for each day of the violation. A producer, renovator or representative organization that violates this section shall be subject to a civil penalty not greater than $1,000 per day for each day of the violation.
(2) Any penalty collected under this subsection shall be placed in the mattress stewardship fund to be used by the department to ensure the implementation of approved mattress stewardship programs.
(3) In evaluating whether to impose a civil penalty, and in determining the amount of such civil penalty, the department shall take into account the materiality of the violation, whether the violation is wholly or partially the result of factors beyond the control of the producer or mattress recycling organization, whether the producer or mattress recycling organization has made a good faith effort to comply with this section and whether the violation can be addressed through means other than a civil penalty.
SECTION 11B. Section 2 of chapter 21G of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after the word “volume.”, in line 32, the following words:- The permit program is intended to assist the department in the comprehensive management of the commonwealth’s water resources within its river basins in a manner that ensures an appropriate balance among competing water withdrawals and uses, as well as preservation of the water resource itself.
SECTION 11C. Said section 2 of said chapter 21G, as so appearing, is hereby further amended by inserting after the word “thereunder.”, in line 49, the following words:- The registration statement is intended to enable the department to document baseline water use in the commonwealth.
SECTION 11D. Section 5 of said chapter 21G, as so appearing, is hereby amended by adding the following paragraph:-
All properly filed renewal registration statements shall entitle the registrants to their registered water use volumes without conditions, including through department regulations; provided, however, that the department regulations may establish water volume measurements; provided further, that the department may require proper metering or other means to accurately measure the volume of water withdrawn under a renewal registration statement.
SECTION 11E. Chapter 21N of the General Laws is hereby amended by inserting after section 3B the following section:-
Section 3C. The secretary shall, in consultation with the department and the coastal zone management office established in section 4A of chapter 21A, develop a quantified net positive statewide carbon sequestration and storage goal for natural and working lands. In consideration of the commonwealth’s substantial coastline, the secretary shall study the sequestration capacity of the commonwealth’s salt marshes, seagrasses and waterways in developing the commonwealth’s carbon sequestration goal. The sequestration goal shall be determined in agreement with the statewide greenhouse gas emission reductions goals as established by the secretary.
SECTION 11F. Chapter 25A of the General Laws is hereby amended by adding the following section:-
Section 22. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Correlated color temperature”, the apparent hue of the light emitted by a fixture, expressed in kelvin (K).
“Façade lighting”, illumination of exterior surfaces of buildings for the enhancement of their nighttime appearance, achieved by shining light onto building surfaces, or by internal or external illumination of translucent building surfaces, or with fixtures solely for decorative function.
“Fixture”, a complete lighting unit, including a light source together with the parts designed to distribute the light, to position and protect the light source and connect the light source to the power supply.
“Fully shielded fixture”, a fixture that in its mounted position has an uplight value of U0 as defined by the Illuminating Engineering Society’s IES TM-15-11, Luminaire Classification System for Outdoor Luminaires or successor publication, or that allows no direct light from the fixture above a horizontal plane through the fixture's lowest light-emitting part, in its mounted position.
“Glare”, light emitted by a fixture that causes visual discomfort or reduced visibility.
“Illuminance”, the luminous power incident per unit area of a surface.
“Light trespass”, light that falls beyond the property it is intended to illuminate.
“Lumen”, a standard unit of measurement of the quantity of light emitted from a source of light.
“Municipal funds”, bond revenues or money appropriated or allocated by the governing body of a town or city within the commonwealth.
“Ornamental lighting”, a lighting fixture that has a historical or decorative appearance and that serves a decorative function in addition to serving to light a roadway, parking lot, walkway, plaza, landscaping or other area.
“Parking-lot lighting”, a permanent outdoor fixture specifically intended to illuminate an uncovered vehicle parking area.
“Permanent outdoor fixture”, a fixture for use in an exterior environment installed with mounting not intended for relocation; provided, however, that “permanent outdoor fixture” shall not include: (i) a fixture used temporarily for emergency, repair, construction or similar activities; (ii) the replacement of a previously installed permanent outdoor fixture that is destroyed, damaged or inoperative, has experienced electrical failure due to failed components, or requires standard maintenance; or (iii) festoon lighting; as defined in the National Fire Protection Association Inc.’s NFPA 70 National Electrical Code.;
“Roadway lighting”, a permanent outdoor fixture specifically intended to illuminate a public roadway.
“Sky glow”, scattered light in the atmosphere that is caused by light directed upward or sideways from fixtures, reducing an individual’s ability to view the natural night sky.
“State funds”, bond revenues or money appropriated or allocated by the general court.
“Uplight”, direct light emitted above a horizontal plane through the fixture’s lowest light-emitting part in its mounted position.
(b) The department, in consultation with the Massachusetts Department of Transportation and the executive office of public safety and security, shall promulgate regulations governing the use of state or municipal funds to install, to cause to be installed, or to operate new permanent outdoor fixtures, with the intent of reducing energy waste and minimizing light pollution. Such regulations shall ensure that state and municipal funds are not used for new permanent outdoor fixtures unless the following conditions are met:
(i) fixtures used for roadway lighting or parking-lot lighting, whether mounted to poles, buildings or other structures, shall be fully shielded unless they are ornamental lighting fixtures, or are fixtures used to light tunnels or roadway underpasses;
(ii) ornamental lighting fixtures shall comply with a limit on lumens of uplight established in the regulations;
(iii) fixtures used for roadway lighting shall not be more numerous than is necessary for adequate vehicular and pedestrian safety, as determined by the regulations and given due consideration to the Federal Highway Administration Lighting Handbook and to the recommendations in the Illuminating Engineering Society’s ANSI/IES RP-8;
(iv) building-mounted fixtures shall be fully shielded unless they are façade lighting fixtures;
(v) façade lighting fixtures shall be selected and installed to direct the light onto the intended target, and shall be shielded, so that glare, sky glow and light trespass are minimized;
(vi) fixtures used to light historic structures, flags, monuments, statuary and works of art shall be selected and installed to direct the light onto the intended target, and shall be shielded, so that glare, sky glow and light trespass are minimized;
(vii) fixtures used to light athletic playing areas shall be selected and installed so as to minimize glare, light trespass and sky glow outside the athletic playing area;
(viii) fixtures installed for any purpose shall have a correlated color temperature that is not greater than a limit established in the regulations; provided, that the limit shall not exceed 3000 K; and provided further, that said regulations shall include exemptions from the limit where: (A) a public safety need is demonstrated; (B) the fixtures are used exclusively for the decorative illumination through color of certain building façade or landscape features; or (C) the fixtures are used to illuminate athletic playing areas; and
(ix) lighting installed for any purpose shall provide maintained illuminance at levels that are no greater than those required for the intended purpose, as established in the regulations and given due consideration to lighting industry standards and practices, unless a demonstrated and verified need exists for higher levels to ensure safety or security; provided, that if a municipal ordinance or regulation specifies lower illuminance levels, the illuminance level required for the intended purpose by the municipal ordinance or regulation shall be used.
(c) This section shall not apply: (i) if it is preempted by federal law; (ii) to navigational and other lighting systems necessary for aviation and nautical safety; (iii) if a compelling and bona fide safety or security need exists that cannot be reasonably addressed through a fixture, fixture placement, or illuminance level that complies with subsection (b), or through non-lighting safety measures; or (iv) to fixtures installed under any specific exemptions as codified in the regulations established under subsection (b).
And further amend the bill in section 12 by striking out, in line 656, the word “section” and inserting in place thereof the following words:- 2 sections.
And further amend the bill in said section 12 by adding after the word “system.”, in line 682, the following words:-
Section 2PPPPPP. (a) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Mattress Stewardship Fund, which shall be administered by the commissioner of environmental protection to pay the costs of administering, implementing and enforcing section 32 of chapter 21A. (b) The fund shall be credited with: (i) fees collected pursuant to subsection (g) of section 32 of chapter 21A; (ii) money transferred to the fund by the general court and specifically designated to be credited to the fund; (iii) funds from public and private sources, including, but not limited to, gifts, grants and donations; and (iv) interest earned on money in the fund.
(c) Amounts credited to the fund shall be expended without further appropriation, by the commissioner of environmental protection. The unexpended balance in the fund at the end of a fiscal year shall remain available for expenditure in subsequent fiscal years.
And further amend the bill by inserting after section 22 the following 6 sections:-
SECTION 22A. Section 1 of chapter 64H of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after the definition of “Retail establishment” the following definition:-
“Rolling stock”, trucks, tractors and trailers, used by common carriers to transport goods in interstate commerce.
SECTION 22B. Section 6 of said chapter 64H, as so appearing, is hereby amended by adding the following subsection:-
(aaa) Sales of rolling stock.
SECTION 22C. Section 1 of chapter 64I of the General Laws, as so appearing, is hereby amended by inserting after the words “‘retail establishment’”, in line 7, the following words:- , “rolling stock”.
SECTION 22D. Section 7 of said chapter 64I, as so appearing, is hereby amended by adding the following subsection:-
(f) Storage, use or other consumption of rolling stock.
SECTION 22E. Section 9 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- A tractor, trailer, truck or all-terrain vehicle may be operated without such registration upon any way for a distance not exceeding one-half mile, if said tractor, trailer, truck or all-terrain vehicle is used exclusively for agricultural purposes consistent with section 1A of chapter 128, or between one-half mile and 10 miles if said tractor, trailer, truck or all-terrain vehicle is used exclusively for such agricultural purposes and the owner thereof maintains in full force a policy of liability insurance which conforms to section 113A of chapter 175, or for a distance not exceeding 300 yards, if such tractor, trailer, truck or all-terrain vehicle is used for industrial purposes other than agricultural purposes, for the purpose of going from property owned or occupied by the owner of such tractor, trailer, truck or all-terrain vehicle to other property so owned or occupied.
SECTION 22F. Said section 9 of said chapter 90, as so appearing, is hereby further amended by adding the following 3 paragraphs:-
For the purposes of this section, an all-terrain vehicle shall include those vehicles known as a quad, quad bike, 3-wheeler, 4-wheeler or quadricycle as defined by the American National Standards Institute. Persons utilizing all-terrain vehicles pursuant to this section shall annually notify the police department in the municipalities in which they are to operate of the public way and sections of public way on which they operate in the course of agricultural purposes. Failure to provide such notification may result in penalties pursuant to section 20.
All-terrain vehicles operating pursuant to this section shall be equipped with a safety flag of not less than 36 square inches in area which shall be elevated to no less than 6 feet from the ground and shall be equipped with a flashing red light mounted to the rear of the vehicle. If designed to travel at 25 miles per hour or less, the all-terrain vehicle shall display a “slow moving vehicle” emblem pursuant to section 7.
Vehicles traveling on a public way subject to this section shall be operated by a licensed driver. No all-terrain vehicle shall operate on a public way between sunset and sunrise. No all-terrain vehicle shall be operated on a public way for recreational or other purposes except as authorized in this section and section 25 of chapter 90B, regarding crossing road at designated points.
And further amend the bill in section 36 by inserting after the word “bridges”, in line 1366, the following words:- and culverts that are crossed by freshwater, saltwater or brackish water.
And further amend the bill by inserting after section 47 the following section:-
SECTION 47A. Said chapter 128 is hereby further amended by inserting after section 2E the following section:-
Section 2F. All rodeos held in the commonwealth shall comply with all official rodeo rules as appearing in the most recently published edition of the Professional Rodeo Cowboy Association Rule Book. For the purposes of this section, the word “rodeo” shall mean a competition or exhibition in which individuals compete by or showcase skills associated with traditional cowboy activities, including, but not limited to, bull riding, bronc riding, bareback bronc riding, steer wrestling, calf roping and team roping and shall include the use of animals, including, but not limited to, bulls, steers, calves, broncs and horses.
And further amend the bill by inserting after section 50 the following 2 sections:-
SECTION 50A. Section 98 of chapter 130 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 5 to 7, inclusive, the words “the shellfish wardens training course at the Massachusetts Maritime Academy as certified by said academy,” and inserting in please thereof the following words:- a shellfish wardens training course as certified by the division.
SECTION 50B. Section 1 of chapter 131 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after the definition of “Angling” the following definition:-
“Archery equipment”, any bow, arrow, bolt or crossbow.
And further amend the bill by inserting after section 55 the following 9 sections:-
SECTION 55A. Section 57 of said chapter 131 is hereby repealed.
SECTION 55B. Section 58 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “release any arrow” and inserting in place thereof the following words:- hunt by any means.
SECTION 55C. Said section 58 of said chapter 131, as so appearing, is hereby further amended by adding the following 2 sentences:- Notwithstanding the previous sentence, no person shall: (i) discharge archery equipment upon or across a state highway or hard surfaced highway, or within 150 feet, of any such highway; or (ii) hunt with archery equipment on the land of another within 250 feet of a dwelling in use, except as authorized by the owner or occupant thereof. Nothing in this section shall apply to falconry.
SECTION 55D. Section 60 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 1 and 5 and 6, the words “bow and arrow” and inserting in place thereof, in each instance, the following words:- archery equipment.
SECTION 55E. Section 61 of said chapter 131, as so appearing, is hereby amended by striking out, in line 1, the words “bow and arrow” and inserting in place thereof the following words:- archery equipment.
SECTION 55F. Section 62 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “bow and arrow” and inserting in place thereof the following words:- archery equipment.
SECTION 55G. Section 64 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “or any crossbow, except as provided in section 69,”.
SECTION 55H. Section 65A of said chapter 131, as so appearing, is hereby amended by striking out, in line 5, the words “bow and arrow” and inserting in place thereof the words:- archery equipment.
SECTION 55I. Said chapter 131 is hereby further amended by striking out section 69, as so appearing, and inserting in place thereof the following section:-
Section 69. A person shall not carry or use archery equipment while hunting except in compliance with regulations promulgated by the division. The director shall promulgate regulations to implement this section. Such regulations shall prescribe general design and weight of pull and type of archery equipment and shall conform to standards generally accepted for hunting purposes.
And further amend the bill by inserting after section 65 the following section:-
SECTION 65A. Said chapter 175 is hereby further amended by adding the following section:-
Section 231. A company shall not require the removal of a tree from the property of a holder of a homeowners insurance policy if a certified arborist has determined the tree is not a hazard to the property.
And further amend the bill in section 66 by striking out, in line 2076 and 2077, the words “and (iii) details about any flood insurance or elevation certificates for the property” and inserting in place thereof the following words:- (iii) details about any flood insurance or elevation certificates for the property (iv) information regarding future coastal flood risk using the best available data pursuant to state standards; (v) historic and present erosion rates; and (vi) details about prior retreat, relocation and demolition of structures and associated utilities on the property and abutting properties due to erosion.
And further amend the bill by inserting after section 69 the following section:-
SECTION 69A. The fifth paragraph of section 44 of chapter 85 of the acts of 1994 is hereby amended by inserting after the words “Mount Greylock state reservation”, the following words:- A.T. Stearns Counting House.
And further amend the bill by inserting after section 70 the following 5 sections:-
SECTION 70A. Section 1 of chapter 65 of the acts of 2010 is hereby amended by inserting after the word “Boston”, the third time it appears, the following words:- , which shall include the Deerfield street dock in the city of Boston.
SECTION 70B. Item 1599-2031 in section 2 of chapter 102 of the acts of 2021 is hereby by striking out the words “shall be expended for urban” and inserting in place thereof the following words:- shall be expended to MassDOT or DCR for urban.
SECTION 70C. Item 1100-2516 of section 2 of chapter 140 of the acts of 2022, as amended by section 170 of chapter 140 of the acts of 2024, is hereby further amended by striking out the words “construction of a playground at Amvet Boulevard elementary school in the town of North Attleborough” and inserting in place thereof the following words:- project of dredging the Ten Mile river.
SECTION 70D. Item 1100-2516 of Section 2 of chapter 140 of the acts of 2022, as amended by section 170 of chapter 140 of the acts of 2024, is hereby further amended by striking out the words “for ADA compliant accessibility upgrades to the Mason Field House in the town of North Attleborough” and inserting in place thereof the following words:- for the project of dredging the Ten Mile river.
SECTION 70E. Item 6720-2261 of section 2F of chapter 176 of the acts of 2022 is hereby amended by striking the words “for roadway and intersection improvements near the intersection of Route 152 and Route 106 in North Attleborough and Plainville” and inserting in place thereof the following words:- for the project of dredging the Ten Mile river.
And further amend the bill by inserting after section 73 the following section:-
SECTION 73A. Notwithstanding any general or special law to the contrary, not later than June 30 in fiscal years 2027 and 2028, the Massachusetts water resources authority shall annually make a payment of $200,000 to each of the towns of Clinton, Boylston, West Boylston and Sterling to support the role of these communities in hosting the Wachusett reservoir. Such payments shall be made independent of, and shall not be reduced or offset by, any recommendation, formula or methodology developed by the commission on Payments in Lieu of Taxes for state-owned land, or any successor commission or advisory body.
And further amend the bill by inserting after section 74 the following 3 sections:-
SECTION 74A. (a) The area of Douglas state forest in the town of Douglas that includes the facilities located at 120 Wallum Lake road shall be designated and known as the Governor Argeo Paul Cellucci Recreation Area. The Governor Argeo Paul Cellucci Recreation Area shall include, but shall not be limited to, the boat launch, beach, picnic areas, parking areas, access roads, trailheads, park space and associated improvements and appurtenant facilities located at or providing access to 120 Wallum Lake road in the town of Douglas.
(b)(1) The boat launch facility within the Governor Argeo Paul Cellucci Recreation Area designated pursuant to subsection (a), currently known as the Wallum Lake state boat launch, shall be designated and known as the Governor Argeo Paul Cellucci Boat Launch.
(2) The access road within the Governor Argeo Paul Cellucci Recreation Area, designated pursuant to subsection (a), currently known as Wallum Lake Park road, shall be designated and known as Governor Argeo Paul Cellucci Park road.
(3) The network of hiking and recreational trails within the Governor Argeo Paul Cellucci Recreation Area designated pursuant to subsection (a) shall be designated and known as the Governor Argeo Paul Cellucci Trail Network.
(c) The department of conservation and recreation shall erect and maintain suitable markers bearing the designations made in this section in accordance with the standards of the department.
SECTION 74B. The department of conservation and recreation shall erect and maintain 2 suitable markers in memory of 2 individuals. The markers shall be similar in form to plaques, shall be placed within Landry park in the city of Waltham and shall each include the names of former state representative Richard Landry for whom the park is named and Frederick “Fred” William Faugno, also known as “The Mayor of the Mill” because of his dedicated advocacy on behalf of his fellow residents in the adjacent Francil Cabot Lowell Mill apartment community and who was instrumental in getting the railing installed on the footbridge and the walkway at Landry park, to be placed as follows:
(i) at the entrance of the Landry park entrance in the city of Waltham, noting “In Memory of Former State Representative Richard Landry of Waltham, MA, for whom this park is named”; and
(ii) at the Landry park entrance in the city of Waltham, noting “In Memory of Frederick “Fred” William Faugno, also known as “The Mayor of the Mill” because of his dedicated advocacy on behalf of his fellow residents in the Francis Cabot Lowell Mill”.
SECTION 74C. (a) There shall be a special commission on commonwealth port development to recommend an integrated statewide strategic vision for ports in the commonwealth, including the designated port areas of: Gloucester Inner Harbor, Salem Harbor, the city of Lynn, Mystic river, Chelsea creek, the East Boston section of the city of Boston, the South Boston section of the city of Boston, Weymouth Fore river, New Bedford-Fairhaven, Fall River and Mount Hope bay. The commission shall identify industry-specific opportunities and needs, assess existing infrastructure with capacity and resources, evaluate environmental justice impacts and needs of host communities and develop recommendations to achieve stated priorities and goals.
(b) The commission shall prepare a report proposing an integrated statewide vision for the commonwealth’s ports and recommendations to implement that vision. The report shall include an assessment for relevant industry sectors, which shall include but not be limited to: (i) commercial and recreational fishing; (ii) energy; (iii) shipping, bulk cargo and goods; (iv) transportation and tourism; (v) ocean technology and emerging markets; (vi) the cruise industry; and (vii) the seafood processing industry. For each industry sector, the report shall assess: (A) existing conditions; (B) industry needs; and (C) opportunities for growth, taking into account infrastructure, costs, limiting geographic constraints and workforce development needs. The commission shall also consider, for each industry sector, the existing conditions and potential for development in each designated port area to achieve the vision for growth. The commission shall identify and assess the cumulative social, economic and public health impacts of permissible land uses and water uses in designated port areas on host communities, including, but not limited to, restrictions on affordable housing opportunities and the development of open space. The commission shall consider the status of host communities as environmental justice communities and the environmental and economic impacts of adherence to designated port area regulations on host communities.
(c) The commission shall consist of: the secretary of economic development or their designee and the secretary of energy and environmental affairs or their designee, who shall serve as co-chairs; the chief executive officer of the Massachusetts Port Authority or their designee; and 19 members who shall be appointed by the governor, 11 of whom shall be representatives of each of the 11 designated port areas, 5 of whom shall be representatives of each water-dependent industry sector, including offshore wind supply chain operations and maintenance, and 3 of whom shall be representatives of community groups representing the north shore, Boston harbor and south coast regions; and 1 representative who shall represent organized labor and be a member of the international longshoreman’s association.
(d) The commission shall consult with: the division of marine fisheries; the office of coastal zone management; the department of environmental protection; the Massachusetts clean energy center; the Massachusetts Bay Transportation Authority; the Massachusetts Development Finance Agency; the seaport economic council; the commercial fisheries commission; any municipality that is host to a designated port area but does not otherwise have a representative on the commission; and other entities representing stakeholder perspectives as determined by the commission.
(e) Not later than January 1, 2028, the commission shall file its report with the clerks of the house of representatives and the senate, the chairs of the joint committee on economic development and emerging technologies and the chairs of the house and senate committees on ways and means.
And further amend the bill by inserting after section 75 the following section:-
SECTION 75A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Composting sanitation facility”, a composting toilet system or waterless waste management system, including any system manufactured by or substantially equivalent in design and function to those composting toilet systems certified under NSF/ANSI Standard 41, that processes human waste through aerobic biological decomposition without the use of water or connection to a municipal sewer system.
“Environmentally appropriate location”, a site at which installation of a composting sanitation facility is technically feasible and ecologically beneficial, including but not limited to, locations: (i) adjacent to or within sensitive watersheds, wetlands, or vernal pool buffer zones; (ii) where septic system installation is constrained by soil percolation rates, depth to groundwater, or lot size limitations; (iii) in designated Areas of Critical Environmental Concern; (iv) where water table contamination risk from conventional sanitation is elevated; or (v) where water conservation goals of the commonwealth would be advanced by waterless waste management.
(b) The department of conservation and recreation shall prioritize the installation of composting sanitation facilities at public restrooms and comfort stations located within lands and facilities under the department's care, custody, and control, where such installation is determined to be environmentally appropriate pursuant to subsection (c).
(c)(1) Not later than January 1, 2028, the department shall conduct a comprehensive assessment of all public restroom and comfort station facilities under its jurisdiction and shall identify locations that qualify as environmentally appropriate for the installation of clivus sanitation facilities.
(2) The assessment shall consider:
(i) the proximity of the facility to sensitive environmental resources, including surface waters, wetlands, and public drinking water supplies;
(ii) the existing sanitation infrastructure and its adequacy, age, and environmental performance;
(iii) the feasibility and cost-effectiveness of clivus sanitation installation relative to conventional alternatives over a 20-year lifecycle;
(iv) the volume of public use and seasonal visitation patterns;
(v) consistency with any applicable master plan, watershed protection plan, or resource management plan; and
(vi) input from the department of environmental protection and the division of ecological restoration.
(d) The department shall, in prioritizing installations under this section:
(i) give first priority to facilities in areas of critical environmental concern, as designated by the secretary of energy and environmental affairs;
(ii) give second priority to facilities in drinking water supply watersheds and aquifer recharge areas;
(iii) give third priority to facilities in coastal and inland wetland buffer zones; and
(iv) thereafter prioritize facilities where the existing sanitation infrastructure has reached the end of its useful life or where conventional replacement would require significant capital expenditure.
(e) The department shall develop and implement a maintenance and operations protocol for all composting sanitation facilities under its jurisdiction, which shall include:
(i) a schedule for routine inspection and maintenance;
(ii) training standards for department staff responsible for the operation of such facilities;
(iii) performance metrics to assess the environmental effectiveness and public health compliance of each facility; and
(iv) procedures for the lawful removal and beneficial use or disposal of composted end-product material in accordance with regulations promulgated by the department of environmental protection.
(f) Not later than July 1, 2028, the department shall file a report with the clerks of the senate and house of representatives, the joint committee on environment, natural resources and agriculture and the secretary of energy and environmental affairs, detailing:
(i) the number and location of composting sanitation facilities installed during the preceding fiscal year;
(ii) the number of facilities identified as candidates for future installation;
(iii) maintenance activities performed and any compliance findings;
(iv) estimated water savings attributable to facilities installed pursuant to this section; and
(v) any recommendations for statutory or regulatory changes to advance the purposes of this section.
And further amend the bill by inserting after section 76 the following 5 sections:-
SECTION 76A. (a) The executive office of energy and environmental affairs shall establish and administer a pilot program for research activities and demonstration projects for nature-based solutions, as defined in section 1 of chapter 21N of the General Laws. The program shall: (i) define categories of nature-based solutions and develop standards for their use; (ii) coordinate, streamline and expedite the permitting and review process for activities and projects; and (iii) prioritize activities and projects that advance scientific knowledge, provide conservation benefits and minimize impacts to existing wetlands. The secretary of energy and environmental affairs and the commissioners or directors of permitting agencies may modify specific performance standards for nature-based solutions.
(b) The pilot program shall operate for 5 years beginning on the effective date of this act. Not later than 1 year from the effective date of this act, and annually thereafter, the secretary of energy and environmental affairs shall file a report with the clerks of the house of representatives and the senate and the joint committee on environment and natural resources that shall: (i) detail the categories of nature-based solutions; (ii) analyze the approval time for all permits required for each approved research activity or demonstration project; (iii) specify any specific performance standards modified for each approved research activity or project; and (iv) provide data about the effectiveness of each approved research activity or project.
SECTION 76B. (a) There shall be a special commission to study water conservation and reuse. The commission shall examine how implementing water reuse requirements in the commonwealth would affect construction costs, consumer savings, water conservation and public health.
(b) The commission shall consist of: the commissioner of conservation and recreation, or a designee, who shall serve as co-chair; the commissioner of environmental protection, or a designee, who shall serve as co-chair; 6 members who shall be appointed by the governor, 2 of whom shall be municipal or local utility members; 2 members appointed by the commissioner of public health of whom shall be representatives from the department of public health; 2 members appointed by Home Builders and Remodelers Association of Massachusetts, Inc.; 2 members appointed by Associated General Contractors of Massachusetts, Inc.; 2 members appointed by the Boston chapter of the American Society of Plumbing Engineers; 2 members appointed by Boston Society of Civil Engineers Section of the American Society of Civil Engineers; 2 members of representatives of labor associated with the Massachusetts plumbing industry; 2 members appointed by Plumbing-Heating-Cooling Contractors of Massachusetts, Inc.; 2 members appointed by Greater Boston Plumbing Contractors Association, Inc.; 1 member of the board of state examiners of plumbers and gas fitters; 1 member of the International Association of Plumbing and Mechanical Officials; and the executive director of the Massachusetts Rivers Alliance, Inc., or a designee.
(c) The commission shall research the potential benefits of expanding water reuse and conservation efforts in both residential and nonresidential construction applications which shall include, but shall not be limited to, greywater, rainwater and stormwater collection and reuse opportunities.
(d) Not later than July 1, 2027, the commission shall file a report, including any plans and recommendations for consideration, to the clerks of the house of representatives and senate.
SECTION 76C. (a) The executive office of energy and environmental affairs shall, in consultation with the executive office for administration and finance, issue a report and make recommendations on financial solutions for climate and clean energy innovations in the public, private and non-profit sectors throughout the commonwealth and in line with achieving the commonwealth’s greenhouse gas emissions limits and sub-limits pursuant to chapter 21N.
(b) The report shall include, but shall not be limited to: (i) an evaluation of a climate bank to provide financial products including loan refinancing, loan guarantees, credit enhancements, debt securitization, insurance, portfolio insurance and other forms of financial support, technical assistance or risk management to qualified climate and clean energy innovations; (ii) financial strategies to reduce adverse economic effects from transitioning to clean energy; (iii) job creation possibilities through the construction and operation of climate and clean energy innovations; (iv) methods to foster the development and consistent application of transparent underwriting standards, standard contractual terms and measurement and verification protocols for qualified climate and clean energy innovations; (v) methods to facilitate climate resilience in disadvantaged and low-income communities; and (vi) methods to promote climate resilience in rural and coastal communities.
(c) Not later than January 1, 2027, the executive office of energy and environmental affairs shall submit a report of its findings and any recommendations for legislation to the clerks of the house of representatives and the senate, the joint committee on financial services and the house and senate committees on ways and means.
SECTION 76D. (a) There shall be established a task force to conduct a comprehensive study on the most effective and efficient means of implementing a cistern program across the commonwealth. The task force shall study: (i) the costs of a cistern program; (ii) alternatives for developing water storage cisterns for areas of the commonwealth with insufficient water supplies for fire suppression; and (iii) prioritization of cistern locations at the urban-wildland interface and in rural communities where water resources for use by the fire service to combat fires are limited.
(b) The task force shall consist of the following 9 members: the state fire marshal or a designee, who shall serve as chair; the director of the Massachusetts emergency management agency or a designee; the commissioner of the department of environmental protection or a designee; 1 member of the board of Building standards and regulations; the chief fire warden of the department of conservation and recreation; a representative from the Fire Chiefs Association of Massachusetts; 1 rural firefighter from a community lacking adequate water supply to be appointed by the Massachusetts Call/Volunteer Firefighters Association; and 2 non-voting advisory members, 1 of whom shall be appointed by the speaker of the house of representatives and 1 of whom shall be appointed by the president of the senate.
(c) The study shall include, but shall not be limited to: (i) input and recommendations from the appropriate municipal representatives from communities with documented water access challenges for fire suppression; (ii) an evaluation of the optimal placement of cisterns based on fire risk and water access; (iii) ensuring that any cistern deployment strategy shall be based on data-driven decision-making and informed by industry best practices and codes and standards set for in NFPA 1141 and NFPA 1142; (iv) opportunities for cistern alternatives, including dry hydrants and related infrastructure; and (v) the cost for the construction, installation and maintenance of 10 water storage cisterns, dry hydrants and related water infrastructure per year, at the wildland-urban interface and rural and urban communities throughout the commonwealth.
(d) The task force shall report on its activities and on any findings and recommendations for a statewide firefighting cistern program, including, but not limited to: (i) identification of priority areas for installation; (ii) potential costs and funding sources; and (iii) regulatory or legislative changes necessary to facilitate implementation. Not later than December 31, 2027, the task force shall submit its report to the secretary of the executive office of public safety and security; joint committee on public safety and homeland security; and the clerks of the house of representatives and the senate.
SECTION 76E. The Massachusetts Department of Transportation shall review and issue a report on existing roadway lighting and lighting operational costs. The report shall include a review of standards and other criteria for roadway lighting and an analysis of lighting operational costs; a review of roadway lighting’s impact on human health, human safety, and environmental impact; actions taken by the department to comply with current standards; procedures and accepted best practices relative to roadway lighting; and recommendations for reducing lighting operational costs through the replacement of existing high-wattage, unshielded fixtures with lower-wattage, fully shielded fixtures and the replacement of unnecessary roadway lighting with the installation of passive safety measures. The Massachusetts Department of Transportation shall issue its report to the department of energy resources and the clerks of senate and the house of representatives not later than January 1, 2027.
And move to amend the bill by inserting after section 85 the following 3 sections:-
SECTION 85A. Not later than January 1, 2027, the department of public utilities shall, subject to its ratemaking authority, develop a rate for unmetered roadway or parking-lot lighting fixtures that utilize less than 25 watts of electricity that is reflective of the actual cost of service for fixtures of that wattage.
SECTION 85B. Not later than August 1, 2027, the department, in consultation with the Massachusetts Department of Transportation and the executive office of public safety and security, shall promulgate regulations governing the use of state or municipal funds.
SECTION 85C. (a) Initial plans for mattress stewardship programs under subsection (c) of section 32 of chapter 21A of the General Laws, inserted by section 11A, shall be submitted to the department of environmental protection not later than 1 year after the effective date of this act.
(b) A stewardship organization shall implement a mattress stewardship program as described in an initial plan submitted pursuant to subsection (c) of said section 32 of said chapter 21A not later than 1 year after the date that the initial plan is approved by the department of environmental protection.
And move to amend the bill by inserting after section 88 the following section:-
SECTION 88A. Sections 22A, 22B, 22C and 22D shall take effect for tax years beginning on or after January 1, 2027.