Chapter 238

AN ACT PROVIDING FOR THE EMERGENCY MAINTENANCE OF ENVIRONMENTAL ASSETS OF THE COMMONWEALTH.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to provide for emergency maintenance of environmental assets of the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. To provide for a capital outlay program for the emergency maintenance of environmental assets of the commonwealth, the sums set forth in section 2, for the several purposes and subject to the conditions specified in said section 2, are hereby made available from the General Capital Projects Fund, subject to the provisions of law regulating the disbursement of public funds.

SECTION 2.

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Office of the Secretary.

2000-7991

For a reserve for the payment of claims resulting from court judgments and settlements, including legal fees, arising from eminent domain takings in connection with capital projects of departments within the executive office of environmental affairs ..................$28,000,000

2000-7992

For the support of the commonwealth's watersheds and associated natural resources including, but not limited to, restoration and preservation of land and water resources, research, assessment, planning, environmental and recreational improvements, education, public awareness and participation and coordination of state action; provided, that the secretary may allocate funds from this item and may award grants to public and nonpublic entities to carry out the purposes of this item ...............$6,000,000

2000-7993

For the acquisition of land, easements or other interests therein, including rights in development, and associated costs, for properties within watersheds as determined by the secretary of environmental affairs for the protection of water resources ..............$12,000,000

Department of Environmental Management.

2100-7991

For a program of capital improvements to the commonwealth's state forest and parks system, including the design, repair, construction and reconstruction of buildings and properties owned by the department of environmental management including, but not limited to, state forests, parks, reservations, beaches, trails and other properties and facilities ...............$23,040,000

2100-7992

For a program of repairs to swimming pools operated by the department including, but not limited to, study, design, repair, construction and reconstruction of buildings, properties, mechanical systems, and site work .................$2,400,000

2100-7993

For a program of repairs to skating rinks operated by the department including, but not limited to, study, design, repair, construction and reconstruction of buildings, properties, ice slabs, roofs, mechanical systems and site work ...............$2,400,000

2100-7994

For ongoing studies, for the preparation of plans, if necessary, and for the ongoing repair, construction, reconstruction and improvement of dams and flood control projects of the department; provided, that said department shall give priority to dams and flood control projects which pose the greatest risk to public health and safety ................. $4,800,000

Department of Environmental Protection.

2200-7991

For the modernization of the Senator William X. Wall experimental station in the city of Lawrence including, but not limited to, the repair and rehabilitation of the building and grounds .................... $2,000,000

Department of Fisheries, Wildlife and Environmental Law Enforcement.

2300-7991

For the costs of the planning, engineering, design and replacement of the heating, ventilation and air conditioning systems at the division of marine fisheries' Annisquam river marine fisheries station in the city of Gloucester and for other repairs, renovations and equipment necessary for the maintenance of the station ...........................$480,000

2300-7992

For the riverways protection and restoration program within the department of fisheries, wildlife and environmental law enforcement; provided, that funds shall be used for grants to municipalities and environmental organizations, natural resource surveys and river restoration projects that will lead to protection of river ecosystems and watersheds and provided further, that the director may award grants to public and nonpublic entities, to carry out the purposes of this item ............... $500,000

Metropolitan District Commission.

2440-7991

For a study, for the preparation of plans, if necessary, and for improvements or replacements to the facilities, holdings and infrastructure of the commission; provided, that such improvements or replacements shall include, but not be limited to, buildings, equipment, picnic areas, visitor centers and other interpretive structures, structures that improve or enhance the viability of an ecosystem, signs, roads, paths, bridges, piers, vehicles and vessels, water purification systems and site clearance, including demolition of structures, and preparation, relocation, reclamation and other developments; and provided further, that the commission shall use as many recycled products and materials as possible for all improvement projects funded by this item ................... $11,520,000

2440-7992

For the study, design, renovation, repair, improvement and construction of skating rinks, swimming pools, golf courses and other properties of the commission, including the costs of the acquisition of land and buildings or the demolition of buildings, where necessary ...................... $2,880,000

2440-7993

For the study, design, general rehabilitation and reconstruction of flood control facilities, including dams, locks and draws, seawalls and seawall-related appurtenances and infrastructure of the metropolitan district commission ........................$9,600,000

2440-7994

For costs related to environmental remediation projects of the commission pursuant to executive order 350, the governor's clean state initiative ........................$7,680,000

Department of Food and Agriculture.

2530-7991

For a program to acquire agricultural preservation restrictions pursuant to sections 11A to 11D, inclusive, of chapter 132A of the General Laws; provided, that any person or entity that receives funds from this item shall be encouraged to participate in programs of the department as may be suggested by the commissioner; provided further, that the programs may include, but shall not be limited to, integrated pest management, pesticide regulation and reduction, and agri-composting; provided further, that the agricultural lands preservation committee shall prioritize the allocation of funds awarded pursuant to this item for the acquisition of agricultural preservation restrictions on those lands deemed to be of significance to the protection and preservation of the commonwealth's agricultural base; provided further, that not less than $2,400,000 shall be expended for the purposes of developing and implementing farm viability plans to enhance the economic and environmental viability of farms, to provide for shorter term land covenants and for undertaking feasibility studies of markets for agricultural products to assist in agricultural business enhancement and transition ...............................$12,800,000

SECTION 3. The state treasurer shall transfer the sum of $19,000,000 to the water pollution abatement trust established in section 2 of chapter 29C of the General Laws for deposit in the Water Pollution Abatement Revolving Fund established pursuant to the provisions of section 2L of chapter 29 of the General Laws for application by the trust to the purposes specified in section 5 of said chapter 29C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under Title VI of the federal Clean Water Act.

SECTION 4. To meet the expenditures necessary in carrying out the provisions of section 3, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, the sum of $19,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Local Water Pollution Control and Grant Assistance, Act of 2000, and shall be issued for a maximum term of years, not to exceed 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2025. All interest and payments on account of principal of such obligation shall be payable from the Local Aid Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 5. To meet the expenditures necessary in carrying out the provisions of section 2, the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, not to exceed in the aggregate the sum of $126,100,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Emergency Maintenance of Environmental Assets, Act of 2000, and shall be issued for such maximum term, not to exceed 20 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2025. All interest and payments on account of principal of such obligations shall be payable from the general fund. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 6. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized by section 2, and may issue and renew from time to time notes of the commonwealth therefor, bearing interest payable at such times and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with section 3 of Article LXII of the Amendments to the Constitution, but the final maturities of such notes, whether original or renewal, shall not be later than June 30, 2005. All interest and payments on account of principal of such obligations shall be payable from the general fund. Notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 7. The third sentence of section 3 of chapter 584 of the acts of 1972 is hereby amended by striking out the words "June thirtieth, nineteen hundred and ninety-seven" and inserting in place thereof the following words:- June 30, 2020.

SECTION 8. The third sentence of the third paragraph of section 9 of chapter 765 of the acts of 1972 is hereby amended by striking out the words "June thirtieth, nineteen hundred and ninety-seven" and inserting in place thereof the following words:- June 30, 2020.

SECTION 9. The fourth sentence of section 8 of chapter 803 of the acts of 1972 is hereby amended by striking out the words "June thirtieth, nineteen hundred and ninety-seven" and inserting in place thereof the following words:- June 30, 2020.

SECTION 10. The second sentence of section 11 of chapter 723 of the acts of 1983, as amended by section 6 of chapter 132 of the acts of 1993, is hereby further amended by striking out the words "June thirtieth, nineteen hundred and ninety-eight" and inserting in place thereof the following words:- June 30, 2010.

SECTION 11. The second sentence of section 11L of said chapter 723 is hereby amended by striking out the words "June thirtieth, nineteen hundred and ninety-eight" and inserting in place thereof the following words:- June 30, 2010.

SECTION 12. The second sentence of section 14 of chapter 799 of the acts of 1985 is hereby amended by striking out the words "June thirtieth in the year two thousand" and inserting in place thereof the following words:- June 30, 2010.

SECTION 13. The second sentence of section 77 of chapter 206 of the acts of 1986 is hereby amended by striking out the words "June thirtieth, nineteen hundred and ninety-eight" and inserting in place thereof the following words:- June 30, 2007.

SECTION 14. Item 2129-8881 of section 2 of chapter 564 of the acts of 1987 is hereby amended by inserting after the words "calendar year nineteen hundred and eighty-eight" the following words:- ; provided further, that the department of environmental management may issue a grant of not more than $500,000 from the amount appropriated herein to Historic Massachusetts, Inc. for the purpose of addressing code compliance, public safety improvements, historic preservation and associated costs at the Baker Chocolate Factory Company Administration Building at Lower Mills in the city of Boston, under the historic curatorship program, so-called, established pursuant to section 44 of chapter 85 of the acts of 1994. The grant shall be counted as a fiscal year 2000 capital expenditure.

SECTION 15. Notwithstanding the provisions of any general or special law to the contrary, the unexpended balance of the bond-funded authorizations that are listed herein shall cease to be available for expenditure on the effective date of this act: 2120-7871; 2120-7875; 2120-8848; 2120-9843; 2121-8887; 2121-9883; 2121-9886; 2121-9887; 2122-8848; 2150-7873; 2150-7890; 2681-9029; 2120-7954; 2150-8831; 2250-1001; 2320-9880; 2420-7964; 2420-7884; 2440-7848; 2440-8802; 2440-9846; 2490-0018.

SECTION 16. Notwithstanding the provisions of any general or special law to the contrary, the unexpended balance of the bond-funded authorizations that are listed below which are in excess of the amount specified below for each such item shall cease to be available for expenditure on the effective date of this act. If an allocation account is specified below for an item, such reduction shall be reflected in the state accounting system in said allocation account.

Appropriation Item Allocation Account 2100-0950 $7,710,824 2100-0952 $2,787,458 2100-1961 $95,947 2120-8882 $6,647,919 2121-8884 $1,667,389 2121-8885 $990,000 2121-8888 $4,989,995 2121-9881 $1,015,212 2150-9952 $5,000,000 2000-9963 $1,492,310 2240-8860 $6,794,969 2300-8970 2240-8862 $21,787,500 2490-0017 $53,602,431 2420-8936 $41,077,856

SECTION 17. Notwithstanding the provisions of any general or special law to the contrary, the uncommitted balances as of the day after the effective date of this act of the following bond-funded allocation accounts shall be returned in the state accounting system to their original items of appropriation and each said appropriation is hereby reduced by an amount equal to the total balance so returned to it.

Appropriation Item Allocation Account 2490-0012 2120-8852 2121-8883 2122-8883 2121-8885 2122-8885 2121-8887 2122-8887 2121-9881 2122-9881 2121-9886 2122-9886 2130-8772 2130-8773 2120-9842 2120-9852 2122-8848 2122-8849 2121-9885 2122-9885 2681-9029 2681-9030 2150-8831 2150-8832 2250-8881 2000-9881

SECTION 18. This act shall take effect upon its passage.

Approved August 10, 2000.