Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Section 40 of chapter 131 of the General Laws, as amended by section 44 of chapter 231 of the acts of 1985, is hereby further amended by striking out the twelfth and thirteenth paragraphs and inserting in place thereof the following two paragraphs:-
If after said hearing the conservation commission, selectmen or mayor, as the case may be, determine that the area on which the proposed work is to be done is significant to public or private water supply, to the groundwater supply, to flood control, to storm damage prevention, to prevention of pollution, to protection of land containing shellfish, to the protection of wildlife habitat or to the protection of fisheries, such conservation commission, board of selectmen or mayor shall by written order within twenty-one days of such hearing impose such conditions as will contribute to the protection of the interests described herein, and all work shall be done in accordance therewith. If the conservation commission, selectmen or mayor, as the case may be, make a determination that the proposed activity does not require the imposition of such conditions, the applicant shall be notified of such determination within twenty-one days after said hearing. Such order or notification shall be signed by the mayor or a majority of the conservation commission or board of selectmen, as the case may be, and a copy thereof shall be sent forthwith to the applicant and to the department.
If a conservation commission has failed to hold a hearing within the twenty-one day period as required, or if a commission, after holding such a hearing has failed within twenty-one days therefrom to issue an order, or if a commission, upon a written request by any person to determine whether this section is applicable to any work, fails within twenty-one days to make said determination, or where an order does issue from said commission, the applicant, any person aggrieved by said commission's order or failure to act, or any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which said land is located, may, by certified mail and within ten days from said commission's order or failure to act, request the department of environmental quality engineering to determine whether the area on which the proposed work is to be done is significant to public or private water supply, to the groundwater supply, to flood control, to storm damage prevention, to prevention of pollution, to protection of land containing shellfish, to the protection of wildlife habitat or to the protection of fisheries. The commissioner of environmental quality engineering or his designee also may request such a determination within said ten days. The party making any such request shall at the same time send a copy thereof by certified mail to the conservation commission, board of selectmen or mayor which conducted the hearing hereunder. If such party is other than the applicant, a copy of such request shall also be sent at the same time by certified mail to the applicant. Upon receipt of such request the department shall make the determination requested and shall by written order issued within seventy days of receipt of such request and signed by the commissioner or his designee, impose such conditions as will contribute to the protection of the interests described herein; provided, however, that said department shall notify the applicant within thirty days of the receipt of such request if his application or request is not in proper form or is lacking information or documentation necessary to make the determination. Such order shall supersede the prior order of the conservation commission, board of selectmen or mayor, and all work shall be done in accordance therewith, but in no event shall any work commence until ten days have elapsed following the issuance of said order. At any time prior to a final order of determination by the department, any party requesting a determination may in writing withdraw the request, and such withdrawal shall be effective upon receipt by the department. Notwithstanding the withdrawal, the commissioner or his designee may continue the determination if he notifies all parties within ten days of receipt of the withdrawal. A copy of such order shall be sent to the applicant, to the conservation commission, board of selectmen or mayor which conducted the hearing hereunder. As used in this section the words "wildlife habitat" shall mean those areas subject to this section which, due to their plant community composition and structure, hydrologic regime or other characteristics, provide important food, shelter, migratory or overwintering areas, or breeding areas for wildlife.
SECTION 2. The department of environmental quality engineering shall, prior to July first, nineteen hundred and eighty-seven, and in accordance with the procedures set forth in chapter thirty A of the General Laws adopt any regulations needed to implement the provisions of this act. Said regulations shall be promulgated with the advice and assistance of a technical advisory committee to consist of eleven persons to be appointed by the commissioner of the department of environmental quality engineering two of whom shall be faculty members of colleges or universities, one with expertise in the field of wildlife biology and one with expertise in the field of wetlands science, one of whom shall be a member of the staff of the department of fisheries, wildlife and environmental law enforcement with expertise in the field of wildlife biology, one of whom shall be a member of the staff of the office of coastal zone management with expertise in the field of coastal biology, one of whom shall be a member of the staff of the department of public works, one of whom shall be a member of the Massachusetts Homebuilders Association, one of whom shall be a member of the Massachusetts Association of Conservation Commissions, one of whom shall be a member of the Massachusetts Audubon Society, one of whom shall be a member of the National Association of Industrial Office Parks, Boston Chapter and one of whom shall be a member with expertise as a general contractor. The commissioner may appoint such nonvoting associate members as he deems appropriate. Said commissioner of the department of environmental quality engineering shall be chairman.
The department of environmental quality engineering shall, sixty days prior to filing such regulations under the provisions of section five of chapter thirty A of the General Laws, file such regulations with the clerk of the house of representatives who shall forward such regulations to the joint committee on natural resources and agriculture for its review within sixty days prior to the effective date of said regulations.
SECTION 3. Section one of this act shall take effect on November first, nineteen hundred and eighty-seven and shall apply to all notices of intent filed on or after said date. Section two of this act shall become effective as of the date of enactment. The provisions of section one and section two of this act shall not apply to any project of the department of public works, which prior to the effective date of this act was (i) exempt from preparation of an environmental notification form in accordance with the provisions of section sixty-two E of chapter thirty of the General Laws and for which a notice of intent pursuant to section forty of chapter one hundred and thirty-one of the General Laws is filed no later than November first, nineteen hundred and eighty-seven or (ii) determined by the secretary of environmental affairs after submission of an environmental notification form not to require an environmental impact report pursuant to section sixty-two A of said chapter thirty or (iii) the subject of a final environmental impact report which was determined by said secretary to comply with the provisions of sections sixty-two to sixty-two H, inclusive, of said chapter thirty provided that said secretary has not, prior to the date of issuance of the final order of conditions, further required preparation of a supplemental environmental impact report the scope of which includes environmental impacts of the project on wetlands.