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Session Law

2002

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Chapter 236 AN ACT PROVIDING FOR THE PRESERVATION AND IMPROVEMENT OF THE ENVIRONMENTAL ASSETS OF THE COMMONWEALTH.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to provide for preservation and improvement of the 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 program of improvement and preservation of the environmental assets of the commonwealth, the sums set forth in this act, for the several purposes and subject to the conditions specified in this act, are hereby made available from the General Capital Projects Fund, subject to the provisions of law regulating the disbursement of public funds.

SECTION 2.

SECRETARY OF STATE.

0526-2010 For a program of matching grants to units of municipal government and to private non-profit organizations for the preservation of historic properties, landscapes and sites; provided, that such funds shall be awarded in accordance with regulations promulgated by the state secretary in his capacity as the chairman of the Massachusetts Historical Commission...........................................................................................$4,000,000

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Office of the Secretary.

2000-2010 For the development and management of bioreserves, including, but not limited to, associated costs such as the planning, monitoring, maintenance, study and acquisition of interests in land by purchase or otherwise; provided, that all bioreserve projects shall be approved by the secretary of environmental affairs; provided further, that projects may be carried out in cooperation with other federal, state, or local governmental agencies and conservation organizations; provided further, that said secretary may develop guidelines for the management and utilization of any interest in land, located within a bioreserve, under the care and control of any department within the executive office of environmental affairs; and provided further, that said secretary may allocate funds from this item ....................................................................................................................................................................................$9,000,000

2000-2011 For development and implementation of a stewardship program on lands under care and control of the department of environmental management and the department of fisheries, wildlife and environmental law enforcement, including but not limited to, resource and land use monitoring, signage, boundary monitoring, stewardship planning, law enforcement, ecological monitoring, and enforcement of conservation restrictions.............................. $3,000,000

2000-2012 For the purpose of protecting the ecological integrity of the commonwealth's privately held and managed forestlands pursuant to the forest vision plan, so-called, including, but not limited to, acquisition of interests in land, research, planning, and monitoring; provided, that projects and funding shall be approved by the secretary of environmental affairs; provided further, that projects may by carried out in cooperation with other governmental agencies, private land owners, and conservation organizations according to management agreements approved by said secretary; provided further, that not less than $45,000 shall be expended for cooperative extension service at the University of Massachusetts at Amherst for forest research and watershed protection planning ........................................................................................................................................................................................................................$10,000,000

2000-2013 For the self-help program to provide assistance to cities and towns in the acquisition of land pursuant to the provisions of section 11 of chapter 132A of the General Laws and any regulations promulgated by the secretary of environmental affairs to effect the provisions of this act or said section 11; provided, that notwithstanding the provisions of any general or special law to the contrary, the title to any land acquired with the funds authorized herein which is no longer used pursuant to the provisions of said section 11 of said chapter 132A as open space shall revert to the commonwealth to be managed as open space; provided further, that not less than $200,000 shall be expended for the Winding River Land Conservancy, so-called, in the town of Westfield; provided further, that not less than $1,000,000 shall be expended as a matching grant to assist the town of Falmouth in acquiring a certain parcel of conservation land at the intersection of Route 28 and Route 151; provided further, that said town shall provide $3 for every dollar of state funding to meet said match; provided further, that $350,000 shall be expended for fields restoration in the city of Lawrence; provided further, that funds may be expended from this item to be deposited into the Open Space Acquisition Revolving Fund established in section 2DDD of chapter 29 of the General Laws to administer no-cost loans to cities and towns for the acquisition of open space under section 3E of chapter 21 of the General Laws; provided further that $250,000 shall be allocated to the town of Dedham for the purpose of construction and maintenance of passive recreation trails in the town-owned conservation land known formerly as the Striar property; provided further, that $2,200,000 shall be expended for restoration of fields in the town of Norwood pursuant to the redevelopment master plan completed by Gale Associates, Inc.; provided further, that no funds shall be expended from this item for said restoration of fields in the town of Norwood unless and until the town of Norwood enters into a written maintenance agreement for said fields with the Norwood school department, the terms of which clearly delineate who shall be fiscally and organizationally responsible for the maintenance of said fields on an annual basis; provided further, that funds may be expended from this item for the costs of services essential to such projects rendered by agency employees or by consultants; provided further, that $250,000 shall be expended to provide for adequate lighting along the Lake Innitou Recreational Area on Arlington road and Lake avenue in the city of Woburn; and provided further, that the amount expended from this item during any fiscal year for the costs of said employee or consultant services shall not exceed the level of expenditure for such costs of services for the fiscal year ending June 30, 2002.......................................................................................... $21,250,000

2000-2014 For the urban self-help program to provide assistance to cities and towns in the acquisition of land and construction and restoration of parks and recreation areas pursuant to the provisions of chapter 933 of the acts of 1977 and any regulations promulgated by the secretary of environmental affairs to effect the provisions of this act or said chapter 933; provided, that notwithstanding the provisions of any general or special law to the contrary, the title to any land acquired with the funds authorized herein which is no longer used pursuant to the provisions of said chapter 933 as open space shall revert to the commonwealth to be managed as open space; provided further, that not less than $250,000 shall be provided to the city of Haverhill for park and playground improvements; provided further, that not less than $800,000 shall be expended for a matching grant for the renovation of Holden pool, constructed by the Metropolitan District Commission pursuant to 644b of section 2 of chapter 384 of the acts of 1934 in the town of Holden; provided further, that the match for said $800,000 shall be $2 of town funds for every $1 of state funds; provided further, that not less than $50,000 shall be allocated to the town of Easthampton; provided further, that $150,000 shall be expended for improvements to Alfred H. Doherty Field in the town of Norwood; provided further, that not less than $100,000 shall be expended for renovations and improvements to John J. Lane Park on Speen street in the town of Natick; provided further, that not less than $100,000 shall be expended for terrace restoration in the LaBroad section of the city of Springfield; provided further, that not less than $50,000 shall be expended for improvements to Emily Bill Park in the city of Springfield; provided further, that not less than $350,000 shall be expended for acquisition and demolition of the Jones parcel, so-called, and the Craftsman's Corner parcel, so-called, and for land reclamation of the abutting cove in the city of Springfield; provided further, that upon acquisition and demolition of said land by the said city, said city shall convey said land to the Springfield parks department; provided further, that upon said conveyance, said parks department shall incorporate said land into the Five Mile Pond Park system, so-called; provided further, that $500,000 shall be expended for the establishment of a neighborhood park at the Pierce Mill site, so-called, at the former location of the Pierce Mill on Belleville avenue in the city of New Bedford to provide access to the Acushnet river; provided further, that $100,000 shall be expended to make the Main Street Plaza Park in the city of Woburn handicap accessible; provided further, that not less than $180,000 shall be expended for the Tercentennial park in the town of Framingham; provided further, that $500,000 shall be expended for improvements and restoration of Mary Jane Lee Park in the city of Salem; provided further, that not less than $200,000 shall be expended for upgrading, improvement, and restoration of Victory Park in the city of Medford; provided further, that not less than $1,500,000 shall be expended for improvements and restoration of parks and playgrounds in the city of Salem including Willows Water Front Park and boardwalk construction and site remediation on the South River Harborwalk and Riverfront Park; provided further, that $382,714 shall be expended for access improvements to Den Rock Park in the city of Lawrence; provided further, that funds may be expended from this item for the costs of services essential to such projects rendered by agency employees or by consultants; and provided further, that the amount expended from this item during any fiscal year for the costs of said employee or consultant services shall not exceed the level of expenditure for such costs of services for the fiscal year ending June 30, 2002 .........................................................................................................................................................................................................................$22,162,714

2000-2015 For the state urban recreation fund grant program to cities and towns and state agencies and commissions for studies and the preparation of plans, if necessary, and for the purchase of land if needed, for demolition, construction, reconstruction, and rehabilitation in urban areas throughout the commonwealth with high population density, as determined by the secretary of environmental affairs; provided, that $400,000, or fair market value, as determined by an independent appraisal, or the price negotiated by the secretary of environmental affairs, whichever is the least, shall be provided for a matching grant for the open space protection and preservation of the historic Hollis Street Fire Station area in the town of Framingham; provided further, that said match shall be $4 of town funds for every $1 of state funds; provided, that $350,000 shall be expended for the Ruth Elizabeth playground, park and community building; and provided further, that $1,050,000 shall be expended for a grant to the town of Shirley for the acquisition of 73 acres of land known as Longley Farm; provided further, that $700,000 shall be expended for the construction of the Holyoke canal walk; and provided further, that not more than $50,000 shall be expended for the Gus Canty recreational facility, so-called, for the implementation of a solar roof-top, so-called, in the town of Falmouth ...............................$3,900,000

2000-2016 For the conservation partnership grant program, so called, to assist not-for-profit corporations in acquiring interests in lands suitable for purposes of conservation or recreation; provided, that such a corporation shall be formed for 1 of the purposes described in section 4 of chapter 180 of the General Laws and said corporation is also considered an exempt organization within the meaning of 18 U.S.C. section 501(c)(3); provided further, that grant funds shall be expended to reimburse an eligible corporation for money expended by it in establishing a project approved by the secretary of environmental affairs under said program in such amount as the secretary shall determine to be equitable in consideration of anticipated benefits from such project, but in no event shall the amount of such reimbursement exceed 50 per cent of the cost of such project; provided further, that no reimbursement shall be made hereunder to a corporation unless a project application is filed by such corporation with the secretary setting forth such plans and information as the secretary may require and approved by the secretary, nor until such corporation shall have certified, in a manner approved by the secretary, its ability to provide an amount equal to the total cost of the project, nor until the project has been completed, to the satisfaction of the secretary, in accordance with said approved plans; provided further, that all projects must include the corporation granting an appropriate perpetual conservation restriction, within the meaning of sections 31 and 32 of chapter 184 of the General Laws, to either the city or town in which the project is located, to be managed by either its conservation or recreation commission, or a state agency, or both; provided further, that all projects must provide appropriate public access as determined by the secretary; and provided further, that the secretary may promulgate rules and regulations to carry out the provisions of this item ..........................................................................................$3,000,000

2000-2017 For the support of the commonwealth's watersheds, the Massachusetts watershed initiative, so called, biodiversity, ecosystems, and associated natural resources, including but not limited to, the restoration and preservation of land and water resources; monitoring, research, assessment, planning, environmental and recreational improvements; education, public awareness, participation and coordination of state action; for a program to manage and control aquatic invasive species through the coordination of federal, state and local aquatic invasive species management efforts; provided further, that $2,000,000 shall be expended for an aquatic nuisance control program to determine the extent of, manage and control aquatic invasive species in lakes, ponds, rivers and streams through the coordination of federal, state and local aquatic invasive species management efforts; for the prevention of new introductions of aquatic invasive species to the commonwealth's waters; the control and eradication of existing infestations; for the monitoring for the introduction of new invaders and the spread of established organisms; for the detection and eradication of pioneering aquatic invasive species posing high or unknown risk to aquatic ecosystems; for the control of the spread and distribution of aquatic invasive species in infested water bodies to reduce the risk of dispersal to uninfested waters; for educating the public regarding its role in preventing the introduction and transport of aquatic invasive species; for research to identify new measures for the prevention and control of aquatic invasive species; for evaluating the effectiveness of existing management measures; for the creation and maintenance of a database containing information about: (1) where infestation exists; (2) pre and post project survey information; and (3) the amount spent on each eradication project; provided further, that these funds shall be expended in a manner consistent with the Aquatic Invasive Species Management Plan, as approved by the secretary of environmental affairs; provided, that funds may be expended from this item on watershed-based analysis of the impact of the future buildout of each of the commonwealth's watersheds; and for the identification, planning, implementation, monitoring, and education relating to coastal and inland wetland restoration projects on public properties and non-public properties that contribute to any of the 8 interests specified in section 40 of chapter 131 of the General Laws and implemented under the Massachusetts wetlands restoration program, including those implemented under the corporate wetlands restoration partnership; provided further, that the secretary of environmental affairs may award grants to public and non-public entities to carry out the purposes of this item; provided further, that funds may be expended from this item for services essential to such projects rendered by agency employees or by consultants; provided further, that not less than $1,000,000 shall be expended for the environmental study of the New Tyngsborough Bridge crossing the Merrimack river in the town of Tyngsborough; provided further, that not less than $500,000 shall be expended for the repair of retaining walls on Ten Mile river in the town of North Attleboro and the city of Attleboro; provided further, that $350,000 shall be expended for Shawsheen river flood control; provided further, that $200,000 shall be expended for studies, plans and repairs to the river bank of the Falls river in the town of Bernardston; provided, that $4,358,300 be expended for the Webster Lake sediment control plan; provided further, that the secretary may allocate funds to the department of environmental management, the department of environmental protection, the department of fisheries, wildlife and environmental law enforcement, the metropolitan district commission, and the department of food and agriculture; provided further, that funds may be expended from this item for the costs of services rendered by agency employees or by consultants; and provided further, that the amount expended from this item during any fiscal year for the costs of said employee or consultant services shall not exceed the level of expenditure for such costs of services for the fiscal year ending June 30, 2002 ...................................................................$20,000,000

2000-2018 For a grant program to cities and towns for projects to construct, reconstruct, and otherwise improve boat pump out facilities and to improve storm water drainage facilities along roads, highways, and bridges within the watersheds of the Massachusetts coastal zone; provided, that said grants shall be used to alleviate inadequacies, deficiencies, and pollutants in coastal waters caused by marine sanitation device discharges and storm water runoff from paved sources; and provided further, that said grants shall be subject to rules and regulations established by the secretary of environmental affairs to govern the application process and disbursement of grant funds under the provision of this item ............................................................................................................$3,000,000

2000-2019 For the study, protection, preservation, public access, development, and enhancement activities for the commonwealth's coastal resources within coastal watersheds, including but not limited to infrastructure, research, and monitoring equipment, and harbor planning and coordination; provided, that $50,000 shall be expended as a matching grant to the Mattapoisett River Valley Authority; provided further, that grants may be awarded to cities and towns and non-public entities for projects funded herein; provided further, that the secretary of environmental affairs may allocate funds from this item to the department of environmental management, the department of environmental protection, the department of fisheries, wildlife and environmental law enforcement, the metropolitan district commission, and the department of food and agriculture ..........................................................................................$3,450,000

2000-2020 For the promotion and protection of the commonwealth's underwater archaeological resources which are nonrenewable resources of considerable recreational, economic, and historical value; provided, that such promotion and protection may include, but not be limited to, research, surveys, education, recoveries, curation, conservation and exhibit services, planning, grants, signs, buoys, moorings, equipment, vehicles, and vessels; and security, appraisal, and disposition costs pursuant to section 63 of chapter 91 of the General Laws; provided further, that funds may be expended from this item for the costs of services essential to such projects rendered by employees or by consultants; provided further, that the executive office of environmental affairs shall conduct an archeological study at the Sacarrappa Pond dam in the town of Oxford; provided further, that $90,000 shall be expended for aquifer protection at Morses Pond in the town of Natick; and provided further, that the amount expended from this item during any fiscal year for the costs of said employee or consultant services shall not exceed the level of expenditure for such costs of services for the fiscal year ending June 30, 2002 .............................................$1,000,000

2000-2021 For the development and support of local, regional, and state planning and land management capabilities in support of community preservation efforts, including but not limited to, the development of municipal open space and recreation plans and watershed-wide land conservation plans, and to facilitate coordination of the various land acquisition and development programs under the jurisdiction of the executive office of environmental affairs, and for outreach and education concerning principals of community preservation; provided, that funds may be expended on alternative futures analyses based on projected buildouts for commonwealth communities or watersheds; provided further, that the secretary of environmental affairs may provide grants to, including but not limited to, municipalities, regional planning agencies, and other public and non-public entities to implement said programs; provided further, that funds may be expended from this item for the costs of services rendered by agency employees or by consultants; and provided further, that the amount expended from this item during any fiscal year for the costs of said employee or consultant services shall not exceed the level of expenditure for such costs of services for the fiscal year ending June 30, 2002................................................................................................................................................................................. $9,000,000

2000-2022 For the programs and activities of the office of geographical and environmental information in support of community preservation and other programs; provided, that such funds may be allocated by the secretary of environmental affairs to the department of environmental management, the metropolitan district commission, the department of fisheries, wildlife and environmental law enforcement, the department of food and agriculture, and the department of environmental protection; provided further, that funds may be expended from this item for the costs of services essential to such projects rendered by employees or by consultants; provided further, that the amount expended from this item during any fiscal year for the costs of said employee or consultant services shall not exceed the level of expenditure for such costs of services for the fiscal year ending June 30, 2002; provided further, that the secretary may provide grants to, including but not limited to, municipalities, regional planning agencies, and other public and non-public entities to implement said programs; provided further, that funding may be expended for the creation of inventories of species and mapping of areas important for biological conservation and ecosystem protection; provided further, that priority shall be given to the development, from existing source materials where possible, of the following data bases: wetlands, soils, public water supply protection areas, land records, economic growth areas, transportation development, aquifer recharge areas, floodways, vernal pools, endangered and threatened species and species of special concern, public lands, recreation areas, zoning, hazardous and toxic waste sites, and historical and cultural resources; provided further, that not less than $800,000 shall be allocated to the Berkshire Regional Planning Commission for the purposes of the Berkshire GIS Education and Training Center, so-called; provided further, that funds may be expended from this item to complete the wetlands conservancy mapping program; and provided further, that such efforts shall be coordinated to the maximum extent feasible with federal, state, and local governments, regulated utilities and conservancy efforts .........................................................................................................................$10,800,000

2000-2023 For improvements and replacements to the infrastructure and holdings of the executive office of environmental affairs; provided, that such improvements or replacements may include, but not be limited to, buildings, equipment, vehicles and communication and technology equipment.....$1,500,000

2000-2024 For the restoration of the commonwealth's natural resources held in trust for the benefit of the public by the secretary of environmental affairs as trustee of said resources, such resources having been lost, destroyed, or injured by the discharge of oil or other releases of hazardous materials and substances; the definition of natural resources shall include land, fish, wildlife, biota, air, drinking water supplies, wetlands, and other resources generally belonging to, managed by, held in trust by, or otherwise controlled by the trustee; with funds so authorized, the secretary, as trustee of the commonwealth's natural resources, shall conduct the necessary injury and damage assessment studies to determine the extent of injury to the resources and the required compensation by responsible parties to restore, replace, or acquire the equivalent of said injured resources; provided, that the secretary may also allocate funds if necessary for the costs of personnel; provided further, that such activities shall be conducted pursuant to section 5 of chapter 21E of the General Laws, sections 23 to 27, inclusive, of chapter 130 of the General Laws, section 42 of chapter 131 of the General Laws, 42 U.S.C. section 9607 (f), 33 U.S.C. section 1321, 33 U.S.C. section 2706 or any other relevant and appropriate authority; and provided further, that the amount of funds allocated from this item in any fiscal year for the costs of personnel shall not exceed the level expended for such personnel during the fiscal year ending June 30, 2002............................................. $1,500,000

2000-2025 For the purpose of a grant program to cities and towns for climate change planning and implementation projects directed to reducing the impact of climate change in the commonwealth at the local level; provided, that funding shall be made available to cities and towns that have established a community emissions reduction target and have completed an emissions inventory as approved by the secretary of environmental affairs; and provided further, that project activities may include, but not be limited to, technical assistance to municipal staff and elected officials, support to community groups working on plan implementation, public education efforts in support of the municipal programs, and coordination among communities for the purposes of implementing greenhouse gas reduction measures .......................................................................................................................................................................$600,000

2000-2026 For a program of environmental education, outreach and collaboration with educational institutions and with cities and towns to ensure all environmental investments including, but not limited to, biodiversity days, community preservation, state park and reservation clean up and preservation, and the Massachusetts watershed initiative are carried out by the secretary of environmental affairs, the department of environmental management, the department of environmental protection, the department of fisheries, wildlife and environmental law enforcement, the metropolitan district commission and the department of food and agriculture to achieve the greatest long-term impact; provided, that grants may be awarded to public and nonpublic entities; and provided further, that the secretary may allocate funds for the purposes of this item ..........................................................................................................................$1,600,000

2000-2030 For the purposes of partially matching the federal funds committed by the army corps of engineers to undertake the emerald necklace muddy river restoration project, so-called, a project to provide flood protection to the Massachusetts Bay Transportation Authority and other parties, to provide environmental and historic preservation benefits to the commonwealth; provided, that prior to any expenditure of funds from this item, the city of Boston and the town of Brookline shall enter into a memorandum of understanding, so-called, with the executive office of environmental affairs and the executive office of administration and finance that details the local portion of the required non-federal matching funds and establishes a long-term maintenance and management program for said project ....................................................................................................................................................................................$24,000,000

Department of Environmental Management.

2100-0008 For the construction of bike paths; provided, that not less than $500,000 shall be expended for the design and construction of an extension of the Shining Sea Bikeway, so-called, from its present terminus to County road, so-called, in the town of North Falmouth; provided further, that $1,400,000 shall be expended for the acquisition, design and construction of the southern extension of the Ashuwillticook Trail in the city of Pittsfield; provided further, that not less than $550,000 shall be expended for the construction of a rail-to-trail program in the town of Dedham; provided further, that not less than $250,000 shall be provided to the city of Haverhill for the development of the Riverfront Bike and Recreation Trail, so-called; provided further, that the department is hereby authorized and directed to expend $240,000 for the construction of the Pitman Bicycle path in the town of Reading; provided further, that said town shall be required to contribute not less than 20 per cent of the total project cost for said path; provided further, that said contribution by said town may be in the form of monies or goods or services provided in kind; provided further, that the town of Reading shall be responsible for any local engineering costs associated with the Pitman Bicycle path project; provided further, that $100,000 shall be expended for safety lights on the Connecticut river bikeway walkway in the city of Springfield; provided further, that $1,000,000 shall be expended on the development of the Billerica Rail-to-Trail, so-called; and provided further, that $65,000 shall be expended for the completion of the Trail One bike path in the city of Salem ..........................................................................................$10,000,000

2100-0009 For improvements to state piers ....................................................................................................................................................$3,000,000

2100-2011 For the acquisition of land and interests therein by the department of environmental management, including planning, study, and associated costs; provided, that the purposes of this program are to protect and enhance the state's natural resources, outdoor recreational opportunities, heritage, and to promote biodiversity and forestry management by expanding and improving the state parks system, to promote land protection partnerships with public and non-public entities, to enhance boundary delineation and land records management, and access to coastal areas and other water resources, bikeways, trails and sites of exceptional ecological, historic, cultural, or recreational value; provided further, that funds may be expended from this item for the costs of services essential to such projects rendered by department employees or by consultants; provided further, that $300,000, or fair market value, as determined by an independent appraisal, or the price negotiated by the secretary of environmental affairs, whichever is the least, shall be provided for the acquisition of land and interests therein for conservation purposes of certain land in the town of Hampden and abutting the town of Wilbraham and further described as land located off Session drive in Hampden and between Mountainview drive in Hampden and the Hampden-Wilbraham town line; provided further, that $12,000,000, or fair market value, as determined by an independent appraisal, or the price negotiated by the secretary of environmental affairs, whichever is the least, shall be provided for the purchase of certain parcel of land known as Rattlesnake hill in the town of Sharon; provided further, that $3,000,000, or fair market value, as determined by an independent appraisal, or the price negotiated by the secretary of environmental affairs, whichever is the least, shall be provided for the acquisition for general recreation and conservation purposes certain property located in the city of Pittsfield and in the town of Lenox known as the Bousquet Ski area; provided further, that said department is further authorized, subsequent to the acquisition of said property, to enter into a lease for a period of up to 25 years, with the provision for renewal periods of an additional 20-year term or less, for the purposes of maintaining and continuing the existing ski area and related recreational operations at such property or to acquire said property to pre-existing leasehold agreements for such operations; provided further, that not more than $1,000,000 shall be expended towards the purchase of the property known as Yentile Farm in the town of Wilmington; provided further, that not less than $1,000,000, or fair market value, as determined by an independent appraisal, or the price negotiated by the secretary of environmental affairs, whichever is the least, shall be provided toward the purchase of land defined in the Greater Callahan Open Space and Greenway plan, so-called, located in the towns of Framingham, Sudbury and Southborough and in the city of Marlborough; provided further, that not less than $500,000, or fair market value, as determined by an independent appraisal, or the price negotiated by the secretary of environmental affairs, whichever is the least, shall be provided to the Lynn Water and Sewer Commission for the purchase of approximately 13 acres of land for the protection of its watershed; provided further, that the department shall have an appraisal performed on the certain parcel of land known as the Providence and Worcester Railroad Southbridge spur prior to September 1, 2002; provided further, that $3,000,000, or fair market value, as determined by an independent appraisal, or the price negotiated by the secretary of environmental affairs, whichever is the least, shall be expended for the purchase of a certain parcel of land known as Webb campgrounds in the town of Oak Bluffs; provided further, that not less than $1,000,000 shall be expended towards the purchase of the Rubicam, Pola, and Cook property, so-called, in the town of Sandwich; provided further, that $375,000, or fair market value, as determined by an independent appraisal, or the price negotiated by the secretary of environmental affairs, whichever is the least, shall be provided for the purchase of approximately 6.5 acres of land in between Hawes Brook and Eliot Field in the town of Norwood; provided further, that not less than $1,500,000 shall be expended for the purchase of open space in the city of New Bedford; provided further, that upon purchase of said land, the state will not be held liable or responsible for any remediation efforts pursuant to chapter 21E; provided that, not more than $1,150,000 shall be expended to preserve the parcel of land at Parcella Park drive, Martindale road and state highway route 128 in the town of Randolph; provided further, that $1,750,000 shall be expended for the acquisition of the Dunn property, so-called, in the town of West Newbury; and provided further, that the amount expended from this item during any fiscal year for the costs of said employee or consultant services shall not exceed the level of expenditure for such costs of services for the fiscal year ending June 30, 2002 ......................................................................................................................$46,425,000

2100-2012 For a program of capital improvements to the commonwealth's state forest and parks system, including the design, repair, associated costs, 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, for supporting information technology improvements and modernization, and development and implementation of an enhanced Massachusetts geographic information system and related activities; provided, that funds may be expended from this item for the costs of services essential to such projects rendered by department employees or by consultants; provided, that not less than $500,000 shall be provided to the Veteran's memorial skating rink in the city of Haverhill; provided further, that not less than $50,000 shall be expended for improvements to the septic system at Fountain Park in the town of Wilbraham; provided further, that not less than $1,000,000 shall be expended for the renovation and safety improvements to the Greenleaf Park in the city of Springfield; provided further, that $250,000 shall be expended for the restoration of the main access road in the Mount Tom State reservation in the city of Holyoke; provided further, that not less than $80,000 shall be expended for improvements to the Holyoke Heritage State park railroad in the city of Holyoke; provided further, that $1,000,000 shall be expended for the establishment of a Mystic Valley flood prevention fund; provided further, that not less that $2,000,000 shall be expended as a matching grant for the construction, renovation, equipment, rehabilitation, or handicap accessibility improvements of 2 ice-skating or recreational facilities in the city of Pittsfield; provided further, that said match shall be $3 of private funds for every $1 of state funds used for new construction, and $1 of private funds for every $1 of state funds used for renovation, equipment, or rehabilitation or handicap accessibility improvements; provided further, that not less than $700,000 shall be expended for renovations and improvements to the fields and clubhouse facilities and additional safety improvements for parks and playgrounds and for Marshal Roy Park in the city of Springfield; provided further, that not less than $100,000 shall be expended for the reconstruction and repair of the open air dancing pavilion at Nickerson State Park in the town of Brewster; provided further, that the department of environmental management shall recapture from tree overgrowth and maintain certain scenic vistas in the state forests in the 4 western Massachusetts counties; provided further, that not less $90,000 shall be expended for recreational fields in the town of Amherst; provided further, that $150,000 shall be expended to complete construction of a boardwalk in Ames Nowell State park in the town of Abington; provided further, that not less than $50,000 shall be expended for the Cooperative Extension Service at the University of Massachusetts at Amherst for the Greater Mill River Coalition for forest research and watershed planning; provided further, that $100,000 shall be expended for the repair and upgrade of Forefathers Monument Park in the town of Plymouth; provided further, that $1,200,000 shall be expended for capital repairs and improvements to the Vietnam Veterans Skating Rink in the town of North Adams; provided further, that said facilities shall permit residents of the commonwealth use of the ice-skating facilities at a reduced rate of admission; provided further, that funds may be expended from this item for handicapped accessibility and compliance with the Americans with Disabilities Act; provided further, that $35,000 shall be expended for Winthrop parks and recreation; provided further, that $100,000 shall be expended for equipment and repairs at Horseneck beach state reservation; provided further, that $220,000 shall be made available to the town of Reading for costs incurred from purchasing Marion Woods property along the Ipswich river; provided further, that $200,000 shall be provided for improvements at Fort Phoenix state reservation; provided further, that $650,000 shall be expended for improvements to the Van Horn park in the city of Springfield; provided further, that $890,000 shall be expended for Blunt park in the city of Springfield; provided further, that $500,000 shall be expended for Tree Top Park, so called, in the city of Springfield; provided further, that $200,000 shall be expended for the repair and installation of an irrigation system at Pilgrim state park along the Plymouth waterfront; and provided further, that $227,000 shall be expended for a brush breaker fire prevention apparatus for Myles Standish State Park; provided further, that not less than $325,000 shall be expended for repairs to the Manning pool in the city of Brockton; provided further, that $2,000,000 shall be expended for the repair and renovations of the Collins-Moylan Memorial Skating Rink in the town of Greenfield; provided further, that not less than $200,000 shall be expended for improvements for parks and playgrounds in the town of Dedham; provided further, that not more than $300,000 shall be expended for the repair and renovation of the ice rink in the west suburban arena in the town of Natick; provided further, that said town shall raise a $2 of private funds for every $1 of state funds; provided further, that $1,000,000 shall be expended for construction and renovation at Grey Court Park in Methuen; provided further, that $750,000 shall be expended for Forest Park in the city of Springfield; and provided further, that the amount expended from this item during any fiscal year for the costs of said employee or consultant services shall not exceed the level of expenditure for such costs of services for the fiscal year ending June 30, 2002 ........................................................................................................................................................................................................................$32,200,000

2100-2013 For the planning, implementation, and associated costs for forest management, including, but not limited to, a program of habitat improvements, bio-diverse forestry, and wildlife enhancement at properties owned by the department of environmental management, and for the restoration of a network of trails and roads for forestry management and fire prevention, including but not limited to the clearing of debris, creation of optimum defensive fire positions, road clearing and associated costs; and for fire suppression and safety training; provided, that funds appropriated herein may be expended for the costs of services essential to such projects rendered by department employees or by consultants ..........................................................................................$1,400,000

2100-2014 For a program of equipment purchase and replacement for programs and services of the department of environmental management, including but not limited to, rolling stock, so-called, and other specialized equipment for the department, beach sanitizers, farm and ground equipment, pick-up trucks and other vehicles, information technology equipment, including the enhancement of the department's telecommunication system; provided, that funds may also be expended for the rehabilitation of durable equipment; and provided further, that not less than $1,100,000 shall be expended for the energy efficiency initiative project, so-called, at Springfield Technical Community College .......................................................................................................................$5,000,000

2100-2015 For enhanced environmental compliance with laws and regulations, personnel training and planning for environmental stewardship, site assessment and remediation at state forests and parks and other properties throughout the state under the care, custody, and control of the department of environmental management, including any after-acquired properties and facilities; provided, that funds may be expended from this item for the costs of engineering and other services essential to such projects rendered by department employees or by consultants; provided further, that not less than $500,000 shall be expended in enhancing compliance with section 16 of chapter 270 of the General Laws, including but not limited to increasing patrolling of state parks, reservations, parks, rinks, pools, piers, and other facilities and properties under the jurisdiction of the department of environmental management by park rangers and state police and posting signage indicating the penalties applicable for violations of the section and the proper authorities to contact to report such violations; and provided further, that the amount expended from this item during any fiscal year for the costs of said engineering, employee or consultant services shall not exceed the level of expenditure for such costs of services for the fiscal year ending June 30, 2002 .........................................................................................$4,000,000

2100-2016 For a program of dam inspection and repair of department-owned and municipal-owned dams; provided, that funds may be used for ongoing studies, for the preparation of plans, if necessary, associated costs, and for the ongoing repair, construction, reconstruction, and improvement of dams and flood control projects of the department; provided further, that the department of environmental management shall give priority to dams and flood control projects which pose the greatest risk to public health, and for a program of planning, permitting and construction of fish ways and other aquatic habitat improvements, including the removal or breaching of selected dams and impoundments on land under the care, custody, and control of the department; provided further, that funds may be expended from this item for the costs of services essential to such projects rendered by department employees or by consultants; provided further, that not less than $350,000 shall be expended for renovations and improvements to White-hall dam in the town of Hopkinton; provided further, that $250,000 shall be provided for repairs to Lake Monomonac dam in the town of Winchendon; provided further, that $178,000 shall be expended to reimburse the town of Hadley for emergency repairs to the Connecticut river dike; provided further, that not less than $20,000 shall be expended for repair and restoration of the Box Mill Hill dam in the town of Upton; provided further, that not less than $250,000 shall be expended for repairs and restoration of Whitings Pond dam in the town of North Attleboro; provided further, that not less than $750,000 shall be expended for the repair and reconstruction of the West Pond dam in the city of Gloucester; provided further, that no funds shall be expended for said repair and reconstruction unless said city obtains control of said dam; provided further, that $85,000 shall be expended for the Perryville pond and Village dams in the town of Rehoboth; provided further, that $45,000 shall be provided for repairs to Kelliher dam in the town of Kingston; and provided further, that the amount expended from this item during any fiscal year for the costs of said employee or consultant services shall not exceed the level of expenditure for such costs of services for the fiscal year ending June 30, 2002 ...........................................................................................................................................................................................................................$9,057,000

2100-2017 For the support of the lakes and ponds and associated watersheds of the commonwealth, including but not limited to, environmental improvements, assessments, planning, research, monitoring, including volunteer monitoring, education, public awareness and participation, and coordination of state activities; provided, that matching grants may be awarded to public and non-public entities to carry out the purposes of this item; provided further, that $30,000 shall be expended for the dredging of Jordan pond in the town of Shrewsbury; provided further, that $35,000 shall be expended for the dredging of Nashawannuck pond in the town of Easthampton; provided further, that $124,000 shall be expended for the purposes of compliance with the Americans with Disabilities Act at Beaver pond in the town of Franklin; provided further, that $500,000 shall be expended for Operation Seawall Restoration in the town of Marshfield; provided further, that $500,000 shall be expended for restoration of the Milford pond; provided further, that $50,000 shall be expended for the renovation of Pine banks in the cities of Malden and Melrose; provided further, that $900,000 shall be expended for the dredging and clean-up of Hardy pond in the city of Waltham; provided further, that $100,000 shall be expended for 1 aquatic plant harvester to be shared by the towns in Barnstable county; and provided further, that $100,000 shall be expended for 1 aquatic plant harvester in the town of Plymouth; and provided further, that $100,000 shall be expended for the dredging of Ellisville Harbor in the town of Plymouth; provided further, that $37,500 shall be expended for the installation of an in-pond Forebay, so-called, for water quality improvements for Hammond Pond, known as phase II of the Hammond Pond rehabilitation project in the city of Newton; provided further, that not less than $200,000 shall be expended for the direct removal of debris and the restoration of the Mill River from Johnny Appleseed Park to the Connecticut River in the city of Springfield; provided further, that not less than $100,000 shall be expended for an assessment and study to determine improvement needs for Lake Massasoit in the city of Springfield; provided further, that $250,000 shall be expended for the restoration of Cedar swamp in Walpole; provided further, that $200,000 shall be expended for the dredging of Cobb, Memorial, Clarke, and Turner ponds in the town of Walpole; provided further, that $50,000 shall be expended for the development of a nature trail at Cobb's pond in the town of Walpole; provided, that $500,000 shall be expended for the direct removal of debris, obstructions, and siltation in the Aberjona river and Horn Pond located in the town of Winchester; provided further, that not less than $210,000 shall be expended for the clean up and restoration of riverbanks along the Blackstone River in the town of Sutton; provided further, that not less than $300,000 shall be expended for the dredging of the Fellsmere Pond in the city of Malden; provided further, that $250,000 shall be expended for the improvement and preservation of Craigville Pond and the Centerville River system known as the Red Lily Pond Restoration Project Association; provided further, that not less than $200,000 be expended for the restoration of Long Pond in the town of Brewster; provided further, that $250,000 shall be expended for a study of the dredging of Plymouth Harbor; provided further, that not more than $150,000 shall be expended for evaluating the potential spoils resulting from the dredging of the Ipswich River and the determination of their suitability for the nourishment of beaches, including, but not limited to, those located in the towns of Salisbury and Ipswich and the city of Gloucester and on Plum Island; provided further, that $300,000 shall be expended for the remediation of Martin's pond and Martin's brook in the town of North Reading; provided further, that not less than $250,000 shall be expended for the dredging of the channels of the Westport River outside of federal jurisdiction; and provided further, that the commissioner of environmental management may allocate funding provided herein ..........................................................................................................................................................................................................................$9,323,300

2100-2018 For the state match for a cooperative federal-state program with the Department of Interior and United States Geological Survey of continuous data collection and analysis for stream flow and groundwater resource management, including statewide stream gauging, statewide groundwater observation, well monitoring, aquifer assessments, watershed studies, and other hydrologic studies ..........................................................................................$2,000,000

2100-2019 For a program of natural resource protection matching grants and associated costs, including but not limited to, improvements to historic properties, greenway and trail protection and stewardship, areas of critical environmental concern, and coastal access; provided, that grants issued from this item may be made to public and non-public entities, provided further, that not less that $15,000 shall be allocated to the city of Newton for improvements to the Flowed Meadow Area; and provided further, that $1,200,000 shall be granted to the city known as the town of Agawam for the construction of the School street park ........................................................................................................................................................................................................................$7,185,000

2100-2020 For resource management planning services and associated costs for department-owned properties, including but not limited to, the analysis of resource data, assessment of public interests and trends, land stewardship zoning, and supporting information technology improvements and an enhanced Massachusetts geographic information system and related activities; provided, that funds may be expended from this item for the costs of services essential to such projects rendered by department employees or by consultants; and provided further, that the amount expended from this item during any fiscal year for the costs of said employee or consultant services shall not exceed the level of expenditure for such costs of services for the fiscal year ending June 30, 2002 ..........................................................................................................................................................................................................................$2,000,000

2100-2021 For the purposes of a resource management institute and associated costs to provide technical assistance to the public, other agencies and community professionals; provided, that the department of environmental management may investigate the future development of a parks college for the purpose of job training in the delivery of resource management and protection services and other services to the public, including but not limited to, recreation services and visitor services; provided further, that the department may use funds authorized in this act to carry out natural and cultural research and shall make the results available to the general public ...............................................................................................................................................................$500,000

Department of Environmental Protection.

2200-2011 For the purposes of water quality monitoring, assessment, and protection to meet commitments under the rivers protection act, the federal Clean Water Act and the watershed initiative, so called; provided, that said purposes may include but not be limited to, studies of water quality, the development of wetlands conservancy and tidelands geographic information systems maps, the implementation of water quality monitoring devices, the collection and analysis of water quality samples, the development of water quality analyses known as total maximum daily loads, research and demonstration projects related to non-point and point sources of water pollution, and the wetlands circuit rider program, so called; provided further, that not less than $1,600,000 shall be expended for the purpose of expanding the groundwater monitoring system in the city of Boston; provided further, that not less than $300,000 shall be allocated to the town of Clinton for water testing in relation to the building of a water treatment facility in said town; provided further, that $1,500,000 shall be expended for the clean up and restoration of Mount Hood wetlands in the city of Melrose; and provided further, that not less than $350,000 shall be expended for coastal pollution remediation for storm water discharge to improve the water quality of Buzzards Bay in the town of Dartmouth .............................................$12,500,000

2200-2012 For operation and maintenance of the department of environmental protection's statewide air monitoring network, including but not limited to, photochemical assessment monitoring stations, small particulate and air toxics monitoring; and for the upgrade of equipment to comply with federal requirements ..........................................................................................................................................................................................................................$3,500,000

2200-2013 For the purposes of discovery, assessment, containment, clean-up, and closure of existing or closed solid waste facilities causing or threatening to cause pollution as authorized by section 4 of chapter 21H of the General Laws; provided, that funds authorized herein may be used for the purposes of maintaining composting and recycling programs consistent with the statewide solid waste master plan authorized by section 21 of chapter 16 of the General Laws, including the costs of experts, engineers, and other personnel previously authorized under chapter 584 of the acts of 1987; provided further, that the costs of personnel charged to this item during any fiscal year shall not exceed the level expended for such personnel during the fiscal year ending June 30, 2002 .........................................................................................................................................................................................................................$6,000,000

2200-2014 For information systems development and information technology equipment at the department of environmental protection, including the costs of personnel authorized under chapter 584 of the acts of 1987 and chapter 277 of the acts of 1995; provided, that funds herein shall be used for the development and maintenance of a compliance and enforcement data management system ........................................................................................................$5,000,000

2200-2015 For the assessment, containment, clean-up, control, removal of, or response actions concerning oil or hazardous materials or for any other actions necessary to implement the provisions of chapter 21E of the General Laws, including the costs of personnel previously authorized under chapter 277 of the acts of 1995; provided, that not less than $10,000 shall be expended for testing of beaches in the city of Salem by the Salem-Beverly Water supply board for bacteria interocci; provided further, that $3,500,000 shall be expended for site remediation at Cannon street station; and provided further, that not more than $250,000 shall be expended for site remediation at the Old Fitchburg Depot site at the corners of Lincoln and Mechanic streets in the city of Marlborough; provided further, that not less that $1,500,000 shall be expended for the assessment, containment, clean-up, control, removal of or response actions concerning oil, hazardous material, contaminants for River's Edge housing development in Methuen; provided further, that $500,000 shall be expended in the town of Marshfield for soil and subsurface contamination cleanup and beautification of the former Gulf Station on Ocean street; provided further, that $100,000 shall be expended for well testing in the town of Mendon; provided further, that not less than $1,000,000 shall be made available for a one to one matching grant for site remediation at Witchcraft Heights School in the town of Salem; provided, that $410,000 shall be expended for site remediation at the site of Coes Pond Dam; provided further, that not less than $1,000,000 shall be expended for environmental remediation in the town of Heath as identified by the department of environmental protection; provided further, that no funds shall be expended for the preceding projects until the department has identified the party responsible for the contamination of the site and that the department is actively seeking to recover the full cost of the remediation or that the department has certified in writing to the secretary of administration and finance and the house and senate committees on ways and means that no funds can be recovered for site remediation and that the funding provided herein is the sole funding available; and provided further, that the costs of personnel charged to this item during any fiscal year shall not exceed the level expended for such personnel during the fiscal year ending June 30, 2002 .......................................................$34,480,000

2200-2016 For the modernization of facilities and infrastructure of the department of environmental protection, including but not limited to, repair and rehabilitation of buildings and grounds .................................................................................................................................................................$5,000,000

2200-2017 For grants to cities and towns and districts for the acquisition of lands and waters and easements by such cities, towns and districts to protect and conserve groundwater aquifers and recharge areas, surface water supplies and watershed areas, and surface or underground lands adjacent to those resources, for the protection of water that is determined by the department of environmental protection to be of potential use for water supply purposes; provided, that any such grants approved by the department and provided to cities, towns and districts from this item may be for up to 80 per cent of the eligible costs of such projects; and provided further, that not more than $6,000,000 shall be spent in an interagency service agreement, so-called, between the department of environmental protection and the University of Massachusetts at Dartmouth to support the Massachusetts Estuaries project, so-called................$20,500,000

Department of Fisheries, Wildlife and Environmental Law Enforcement.

2300-2010 For the planning, study, and acquisition of land and interests therein for the purpose of protecting the native flora and fauna communities of the commonwealth, and for associated costs, including the costs of experts, land agents and other personnel previously authorized under chapter 15 of the acts of 1996; provided, that the amount expended from this item during any fiscal year for the costs of experts, land agents and other personnel shall not exceed the level expended during the fiscal year ending June 30, 2002; provided further, that the commissioner of fisheries, wildlife and environmental law enforcement may develop and utilize scientifically based evaluation criteria to identify and select the most biologically significant areas throughout the commonwealth, including but not limited to specific parcels; provided further, that the department shall expend funds for the purchase of lands adjacent to or near coastal plain ponds; provided further, that not more than $20,000,000 may be expended on lands selected from this process and approved by the commissioner and the fisheries and wildlife board; provided further, that funds may be expended on lands acquired through the partners in preservation program whereby the department shall develop innovative means of promoting land conservation through donations, less-than-market sales and partnerships among land owners, businesses, non-profit organizations and government agencies; and provided further, that funds may be used to match at a ratio of $1 for every $1 collected pursuant to section 13A of chapter 131 of the General Laws ...........................................................................................................................................................$20,000,000

2300-2011 For the enhancements, improvements, and replacements to the infrastructure and holdings of the department of fisheries, wildlife and environmental law enforcement; provided, that said enhancements, improvements, and replacements may include, but not be limited to, buildings and other structures, equipment, vehicles, vessels, information systems, and site clearance, including the demolition of structures, and other holdings including remediation of environmental compliance matters throughout the commonwealth; and for the costs of studies, plans, engineering and other services essential to such activity rendered by department employees or by consultants; provided further, that not less than $3,675,000 shall be expended for the acquisition of patrol vehicles, vessel reconditioning, repair of marine equipment, and the construction of a marine repair and safety facility and an environmental regulation office in the town of Otis; provided further, that not less than $127,000 shall be expended to the Thornton W. Burgess Society for capital improvements to the Game Farm property in the town of Sandwich; provided further, that not less than $180,000 shall be expended to assist Massachusetts fishing ports in complying with the changes from new federal fisheries regulations; and provided further, that the amount expended from this item during any fiscal year for the costs of said employee or consultant services shall not exceed the level of expenditure for such costs of services for the fiscal year ending June 30, 2002 ...........................$12,000,000

2300-2012 For the planning, design, construction, and repair of existing and new district facilities including but not limited to, education centers, district headquarters, hatcheries, and shooting ranges; provided, that not less than $2,000,000 shall be expended from this item for the development of structures and equipment in New Bedford and elsewhere to promote the formation of the Marine Fisheries Management Institute with the partnering of the Massachusetts fishing industry, state and federal agencies, and academic institutions .................................................................................................................$7,000,000

2300-2013 For the purpose of restoration and management studies, the preparation of restoration and management plans, and the execution of ecological restoration and management projects on natural flora and fauna communities as identified by the division of fisheries and wildlife's natural heritage and endangered species program and approved by the director of said division and the commissioner of the department, and for associated costs; provided, that said associated costs may include, but not be limited to, research, restoration, management, monitoring services, and equipment purchases; provided further, that said projects may be carried out in cooperation with other not-for-profit organizations or governmental agencies; and provided further, that funds may be expended from this item for the further development of map products by said program to identify and target for protection, restoration and management of flora and fauna communities, including but not limited to, research, data collection, map production, and equipment .....................................................$4,000,000

2300-2014 For a program of upland habitat management that may include, but not be limited to, research, planning, and implementation of habitat management plans as established by the division of fisheries and wildlife and approved by the director of said division and the commissioner of the department; provided, that said management activities may be carried out in cooperation with other governmental agencies and conservation organizations ...............................$4,000,000

2300-2015 For the river restore grant program in the division of riverways within the department of fisheries, wildlife and environmental law enforcement; for dam removal feasibility studies and dam removal and habitat restoration along rivers throughout the commonwealth that will lead to improved flow, water quality, and fish passage and movement; and for the riverways protection and restoration grant program to restore wildlife and fisheries habitat through healthy stream flows that will lead to the protection of river ecosystems and watersheds; provided, that the commissioner or his designee may enter into cooperative agreements with state and federal government agencies and municipalities, may contract for engineering and planning services, and may award grants to public and non-public entities to carry out the purposes of this item; provided further, that $50,000 shall be expended for the restoration of the Assabet river at the Wood park site in the town of Hudson; provided further, that not less than $125,000 shall be expended for the planning, permitting, and construction of a fishway at the Willowdale dam, so-called, in the town of Ipswich; provided further, that not less than $100,000 shall be expended for restoration, renovation, and improvement of Herring run in the town of Weymouth; and provided further, that not less than $25,000 shall be expended as a matching grant in cooperation with the United States Fisheries and Wildlife Service to repair a culvert on Brook Hollow road on Mill River in the town of Hatfield to improve stream flow for migratory species and to reduce erosion...................................................................................................................................$3,625,000

2300-2016 For the planning, engineering, design, construction, construction inspection, and reconstruction of existing and new coastal and inland boat launching facilities, including but not limited to, ramps, docks, floats, and appurtenant facilities throughout the commonwealth; provided, that not less than $500,000 shall be expended for design and reconstruction of the public access boat ramp at the South Watuppa Pond in the city of Fall River; provided further, that $350,000 shall be expended for the city of Lawrence boat ramp at Pemberton park; and provided further, that $250,000 shall be expended for the Douglas State Forest boat ramp at Wallum lake ....................................................................................................................................................................................$3,500,000

2300-2017 For the acquisition and development of coastal and inland public access sites including but not limited to, shore fishing areas, sport fishing piers, canoe and car-top boat, and small boat launching facilities and county access sites; provided, that not less than $40,000 shall be expended for the purchase of land in the town of Sutton for construction of a canoe launch site $1,500,000 Metropolitan District Commission. 2420-2011 For the acquisition of development rights or other interests in land, in areas regulated by chapter 36 of the acts of 1992; provided, that said expenditures shall be consistent with procedures and priorities adopted by the commission relative to factors which may affect land in which such interests may be acquired, as outlined in said chapter 36, and for the costs associated with the acquisition and the development of property, including the cost of appraisals, design, engineering, planning, and legal services; and provided further, that a portion of this item, not to exceed 6 per cent, may be used for the costs associated with the defense of eminent domain takings $16,000,000

2420-2012 For a program of improvements or replacements to the infrastructure of the watershed management division; provided, that said improvements or replacements shall include but not be limited to, buildings, picnic areas, visitor centers and other structures, signs, roads, paths, bridges, dams, piers, flood control facilities, equipment, vehicles, and vessels used to support and maintain said infrastructure, water purification systems, and site clearance, including the demolition of structures, and the preparation, relocation, reclamation, and development of such sites; and provided further, that funds may be expended from this item for the purpose of providing greater access to watershed lands for public use and enjoyment ................................................................$4,000,000

2440-2013 For the acquisition of reservation land and interests therein, including bikeways, trails, and other recreational sites, including land in and around rivers, streams, ponds, and marshes within the jurisdiction of the metropolitan district commission; and for the costs associated with the acquisition and the development of property, including the cost of appraisals, design, engineering, planning, and legal services; provided, that a portion of this item, not to exceed 6 per cent, may be used for the costs associated with the defense of eminent domain takings; provided, that $7,500,000 shall be expended for the study, design, and construction of the Town Brook Flood Control project in the city of Quincy; and provided further, that a portion of these funds may be used for the payment of eminent domain settlements or judgments .......................................................................................................................................$20,000,000

2440-2014 For the study, design, preparation of plans, improvements, and replacements to the properties of the commission; provided, that funds may be expended for the costs of engineering and other services essential to such projects rendered by commission employees or by consultants; provided further, that the amount expended from this item during any fiscal year for the costs of said engineering and other employee or consultant services shall not exceed the level of expenditure for such costs of services for the fiscal year ending June 30, 2002; provided further, that $2,000,000 shall be expended on improvements to the Trailside Museum, so-called, in the Blue Hills Reservation; provided further, that not less than $5,000,000 shall be expended for the decontamination of Old Canton airfield in the town of Canton; provided further, that $725,000 shall be expended for Revere beach parking and sidewalk maintenance; provided further, that $250,000 shall be expended for the reconstruction of Dilboy Stadium in the city of Somerville; provided further, that $50,000 shall be expended for the maintenance and repair of Squantum Point park in the city of Quincy; provided further, that $50,000 shall be expended for the installation and maintenance of a memorial bust in honor of Congressman John Joseph Moakley at the intersection of Columbia road and East Seventh street in the South Boston section of the city of Boston; provided further, that $100,000 shall be expended for improvements to the land and the facilities of the Charles River Esplanade in the city of Boston; provided further, that $1,500,000 shall be used toward the reconstruction and design of Peabody circle; provided further, that $15,000 shall be expended to study the need for feasibility of a pumping station in the Donovan's Beach area of the town of Winthrop; provided further, that funds from this item shall be expended for signage and waste reduction along Revere Beach Boulevard in the town of Revere; provided further, that said commission shall conduct a drainage analysis study for a drainage system along said Revere Beach; provided further, that not less than $185,000 shall be expended for the reconstruction of metropolitan district commission landing in Watertown square, so-called; provided further, that $200,000 shall be expended for improvements to the Charles River Park in the town of Watertown; provided further, that $250,000 shall be expended for a bike signal crossing at the juncture of Route 9 and the Jamaicaway, so-called; provided further, that $1,000,000 shall be expended for the extension of the Minuteman bikeway, so-called, in the city of Somerville; provided further, that $500,000 shall be expended for the creation and maintenance of a linked trail system for local and state parks along the Back River in the towns of Weymouth and Hingham; provided further, that $100,000 shall be expended for improvements to Red Rock Park in the city of Lynn; provided further, that such improvements or replacements shall include but not be limited to, buildings, equipment, picnic areas, visitor centers, improvements to enhance the viability of an ecosystem, signs, paths, piers, vehicles and vessels, and site clearance, including demolition of structures; and provided further, that the commission shall consider the use of recycled products and materials in all projects funded by this item ...............................................................$26,101,500

2440-2015 For the restoration, renovation, and improvements of the Boston harbor beaches located in Boston, Quincy, and Winthrop, pursuant to the recommendations contained in a report of the joint commission on the future of Boston harbor beaches dated June 15, 1993; provided, that $8,000,000 shall be expended for the reconstruction and rehabilitation of Revere Beach; provided further, that $5,000,000 shall be expended for the reconstruction and rehabilitation of Winthrop Beach; and provided further, that the commission may transfer to the town of Winthrop a sum not less than 50 per cent of the net reserves collected within the Winthrop Beach Reservation, generated through parking violations and consistent with the rules and regulations of said commission $23,650,000

2440-2016 For the study, design, construction, reconstruction, renovation, repair, and improvement 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; provided, that $70,000 shall be expended for improvements to the Max Ulin rink in the town of Milton; provided further, that not more than $2,500,000 shall be expended for a matching grant for the development of a permanent ice rink in the town of Jamaica Plain; provided further, that said match shall be $2 of private funds for every $1 of state funds; provided further, that $200,000 shall be expended for renovation of the Connors pool in the city of Waltham; provided further, that $200,000 shall be expended for a park at Houghton's Pond in the town of Milton; provided further, that not less than $3,000,000 shall be expended for a matching grant for the renovation of Cass skating rink in the city of Boston; provided further, that said match shall be $2 of private funds for every $1 of state funds; provided further, that not less than $100,000 shall be expended as a matching grant for improvements and renovations to the Daly Ice rink in the town of Newton; provided further, that said match shall be $2 of private funds for every $1 of state funds; provided further, that not less than $8,000,000 shall be expended for the design, construction, and completion of Veterans Memorial skating rink in the city of Somerville; provided further, that $8,000,000 shall be expended for the study, design and construction, including furnishings and equipment, of the Staff Sergeant Paul W. Cronin Memorial Arena in the city of Revere; provided further, that funds may be expended from this item for handicapped accessibility and compliance with the Americans with Disabilities Act; provided further, that not more than $12,000,000 shall be expended for the renovation and reconstruction of the Leo J. Martin and Ponkapoag golf courses; provided further, that said commission shall develop and submit to the house and senate committees on ways and means a comprehensive plan for the regular and professional maintenance and operation of the Leo J. Martin and the Ponkapoag golf courses; provided further, that not less than $250,000 shall be expended for a hydrologic study to determine necessary repairs at Leo J. Martin golf course in Weston; and provided further, that no funds shall be expended from this item for the renovations or reconstruction of said golf courses until the house and senate committees on ways and means are in receipt of said plan ..........$46,370,000

2440-2017 For the study, design, general rehabilitation, and reconstruction of water quality and flood control facilities, including dams, locks and draws, fish ladders, seawalls, seawall-related appurtenances, and infrastructure within the park system of the metropolitan district commission; provided, that $50,000 shall be provided for the purpose of maintaining adequate flood control in the town of Winthrop; provided further, that $3,500,000 shall be expended for the study, design and repair of the Upper Mystic and Horn Pond Dams in the town of Winchester; provided further, that $300,000 shall be expended for studies, plans, and reconstruction of the Nielson road watershed improvement project to mitigate run-off into the Swift river in New Salem; and provided further, that not less than $80,000 shall be expended for the Pine Tree brook in the town of Milton to implement phase III, so-called, of a project for clearing and dredging $16,780,000 2440-2018 For the purchase of rolling stock, so called, and other specialized equipment for the metropolitan district commission, including but not limited to, beach sanitizers, farm and ground equipment, pick-up trucks and other vehicles, information technology equipment, including the enhancement of the commission's advanced telecommunication system; provided, that funds may also be expended for the rehabilitation of durable equipment........$4,500,000

2440-2019 For the preparation of plans, if necessary, and for repairs, renovations, general rehabilitation, and reconstruction to the commission's sanitary structures, and for the renovation and conversion of certain facilities to year-round use, including but not limited to, the purchase of equipment and related appurtenances ......................................................................................................................................................................................................$4,000,000

2440-2020 For planning for environmental stewardship and for costs related to environmental remediation and reuse of the commission's properties .........................................................................................................................................................................................................................$6,000,000

2440-2022 For the implementation of master plans, including the Charles river, Mystic river and Neponset river master plans, including but not limited to, environmental enhancements, park improvements and public recreation facilities; provided, that funds authorized herein shall not be used for recreational facilities unless said facilities are directly dependent on river use; provided further, that $200,000 shall be expended for developing and completing working drawings for the environmental enhancement of the Alewife Reservation, an urban wildlife in the city of Cambridge; provided further, that $150,000 shall be expended for a management plan for the parks in the Charles River basin area that are under the commission's jurisdiction; provided further, that the management plan shall be consistent with the master plan for the restoration of the parks in the Charles River basin; provided further, that the management plan shall be completed not later that the first Wednesday of January, 2003; provided further, that the commissioner conduct a public hearing not later that October 30, 2002 on park management issues as part of creating the management plan; provided further, that funds may be used for the preservation of historic properties, including but not limited to, landscapes, monuments, and sites, including a program of grants to municipalities and non-profit organizations for the preservation and enhancement of the commission's properties ..........................................................................................................................$15,000,000

2440-2023 For the commissioner of the metropolitan district commission to construct the Beaver Brook Flood Mitigation Project pursuant to section 31; provided, that not less than $50,000 shall be expended for purposes of improvements to the River Walk in the town of Waltham; and provided further, that said funds shall also be expended for enhancing responsible use and understanding of the role of the Charles River in the development of said town.......$8,550,000

2490-2023 For the design, construction, reconstruction, or rehabilitation of commission bridges, parkways, boulevards, and related appurtenances and equipment, including but not limited to, the costs of engineering and other services essential to such projects rendered by commission employees or by consultants; provided, that not less than $3,000,000 shall be expended for the construction of pedestrian overpasses for safe pedestrian access to Millennium Park and Pope John Paul II park in the city of Boston; provided further, that $600,000 shall be expended for traffic signals at the intersection of Riverside avenue and the Fellsway and at the intersection of Salem street and the Fellsway in the city of Medford; provided further, that the amount expended from this item during any fiscal year for the costs of said employee or consultant services shall not exceed the level of expenditure for such costs of services for the fiscal year ending June 30, 2002; and provided further, that funds may be expended for pedestrian and bicycle safety, traffic calming, landscape improvements, street lighting, and safety equipment ...........................................................................................................................................................................$17,000,000

2490-2040 For the costs of the Commonwealth Zoological Corporation for the operation of the Franklin Park Zoo in Boston and the Stone Zoo in Stoneham and for the operation of the Buttonwood Park Zoo in cooperation with the Buttonwood Park Zoological Society and the Forest Park Zoo; provided, that the amount of this item shall be allocated equally over a 3-year period; provided further, that any increase in the cost of personnel negotiated after the effective date of this act shall not be charged to this item and shall be the sole responsibility of said Corporation; provided, that $2,000,000 shall be expended for Buttonwood Park Zoo and $2,000,000 shall be expended for Forest Park Zoo ................................................................................................$16,000,000

Department of Food and Agriculture.

2500-2012 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 any programs of the department of food and agriculture as may be suggested by the commissioner of said department; provided further, that funds may be expended for the costs of planning, acquisition, and other services essential to such projects, rendered by department employees or by consultants; provided further, that the amount expended from this item during any fiscal year for the costs of said employee or consultant services shall not exceed the level of expenditure for such costs of services for the fiscal year ending June 30, 2002; provided further, that $180,000 shall be expended on the southeastern Massachusetts agricultural partnership program; and provided further, that not less than $14,500,000 shall be expended for the purpose 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 ...............................................................................................................................................$52,680,000

2500-2013 For a program on the development and transfer of agro-environmental technology; provided, that funds authorized herein may be allocated by the commissioner, with the approval of the board of agriculture, through competitive grants ..................................................................................$700,000

2500-2014 For the agricultural environmental enhancement program on the abatement of agricultural non-point source pollution as originally funded pursuant to section 8 of chapter 258 of the acts of 1996; provided, that funds may be allocated by the commissioner through competitive grants.....................$1,025,000

2500-2015 For a program to implement recommendations put forward by the Massachusetts aquaculture white paper and strategic plan as defined by the Massachusetts executive aquaculture white paper and strategic plan summary and the Massachusetts aquaculture strategic planning workshop of 1999, with specific recommendations for the commonwealth to implement in an effort to overcome existing constraints to the development of aquaculture as an industry that is environmentally responsible and economically important to the commonwealth; provided, that funds may be expended in cooperation with the division of marine fisheries within the department of fisheries, wildlife and environmental law enforcement; provided further, that funds may be expended for the costs of economic development, research, industry promotion, technology transfer, education and public infrastructure investments in aquaculture, technical and regulatory assistance by department employees or by consultants, and other services essential to such projects related to aquaculture; provided further, that any such funds expended from this item during any fiscal year for the costs of economic development, research, industry promotion, technology transfer, education and public infrastructure investments in aquaculture, technical and regulatory assistance by department employees or by consultants, and other services to such projects related to aquaculture shall not exceed the level of expenditure for such purposes during the fiscal year ending June 30, 2002; provided further, that $67,000 shall be expended for the development of the aquaculture program in the town of Westport; provided further, that funds shall be expended for the development of the Northeastern Massachusetts aquaculture center by Salem State College, the Southeastern Massachusetts aquaculture center by Barnstable county and the Western Massachusetts center for sustainable aquaculture by Hampshire College within the 5 college programs: Hampshire College, Amherst College, University of Massachusetts Amherst, Mount Holyoke College, and Smith College, each defined as a Massachusetts aquaculture center; provided further, that the Massachusetts aquaculture centers work in cooperation and in collaboration with the department of food and agriculture toward the provision of grant funding and services to the Massachusetts aquaculture industry; and provided further, that such funds may be allocated by the commissioner through competitive grants ................................................................................................................................................................................................$1,558,000

SECTION 3. To meet the expenditures necessary in carrying out section 2, 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 $707,372,514. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Preservation and Improvement of Environmental Assets Loan, Act of 2002, and shall be issued for such maximum terms of years, not exceeding 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, 2022. All interest and payments on account of principal of such obligations shall be payable from the General Fund unless otherwise specified. Bonds and interest thereon issued under the authority of this section, notwithstanding any other provision of this act, shall be general obligations of the commonwealth.

SECTION 4. To meet the expenditures necessary in carrying out the provisions of section 5, 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 $46,500,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Local Water Pollution Control and Grant Assistance, Act of 2002, 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, 2027. 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. The state treasurer shall transfer the sum of $46,500,000 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 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 6. Each agency acquiring land or an interest in land pursuant to the provisions of section 2 may expend an amount not to exceed 5 per cent of the amount appropriated to such agency in said section 2 for the purpose of reimbursing nonprofit land conservation organizations or land trusts for reasonable expenses directly associated with the acquisition of land or interests in land subsequently conveyed to the commonwealth. Reimbursements shall be made at the discretion of the agency, subject to the approval of the secretary of administration and finance. Said secretary shall determine by regulation what shall constitute reasonable expenses. In the event the commonwealth does not take title to the property through no fault of the nonprofit organization or the commonwealth, the commonwealth may reimburse the nonprofit organization for reasonable expenses associated with due diligence. An organization receiving a reimbursement pursuant to this section shall convey the land or interest in land to such agency for an amount not to exceed the actual purchase price paid by such organization for such land or interest in land in addition to any reimbursement received pursuant to this section.

SECTION 7. No amounts authorized in section 2 shall be used by a recipient municipality for the supplementing or supplanting of normal operating expenses of any function of the municipality.

SECTION 8. Chapter 21 of the General Laws is hereby amended by inserting after section 3D the following section:-

Section 3E. The department shall administer a program of zero interest loans to cities and towns for the acquisition of open space land utilizing monies in the Open Space Acquisition Revolving Fund established under section 2DDD of chapter 29. The department shall accept applications from cities and towns, in a form to be determined by the department, for loans to allow cities or towns to acquire open space land. The loans shall be repayable to the Open Space Acquisition Revolving Fund in 20 annual installments. The department shall set standards and adopt rules and regulations to carry out the purposes of this section.

SECTION 9. Chapter 29 of the General Laws is hereby amended by inserting after section 2CCC the following 2 sections:-

Section 2DDD. There shall be set up on the books of the commonwealth a separate fund to be known as the Open Space Acquisition Revolving Fund. There shall be credited to the fund all revenues or other financing sources directed to the fund by appropriation, any income derived from the investing of all amounts credited to the fund and the monies from the repayment of loans from the fund. Monies credited to the fund may be expended by the department of environmental management, without further appropriation, for loans to cities and towns for the acquisition of open space under section 3E of chapter 21.

Section 2EEE. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Agricultural Resolve and Security Fund, the funds of which shall be expended for the purpose of fostering agriculture in the commonwealth, as the term "agriculture" is defined pursuant to section 1A of chapter 128, and for furthering other purposes of the department of food and agriculture as set forth in any general or special law. These purposes may include, but shall not be limited to, agricultural education, support for sustainable agriculture and pollution prevention, agricultural integrated pest management programs, agricultural land preservation, control of animal diseases and emergency preparedness.

The Agricultural Resolve and Security Fund shall receive monies from: (1) gifts, grants and donations from the public or private sources; (2) federal reimbursements and grants-in-aid; and (3) any interest earned from the Agricultural Resolve and Security Fund. The state treasurer shall receive, deposit and invest funds held in such a manner as to ensure the highest interest rate available consistent with the safety of the fund.

The books and records of the Agricultural Resolve and Security Fund shall be subject to an annual audit by the state auditor.

The department may expend such funds, subject to appropriation. No expenditure from said fund shall cause said fund to be in deficiency at the close of a fiscal year.

The commissioner of food and agriculture shall report annually to the house and senate committees on ways and means and the joint committee on natural resources and agriculture on income received into the fund and the sources of said income, expenditures from the fund and their purposes, and fund balances.

NO SECTION 10.

SECTION 11. Chapter 92 of the General Laws is hereby amended by inserting after section 34B the following section:-

Section 34C. Notwithstanding any general or special law or administrative bulletin to the contrary and pursuant to section 34, there is hereby established and set up on the books of the commonwealth a separate fund, to be known as the Blue Hills Reservation Trust Fund, which shall be used for the purposes of advancing recreational, educational and conservation interests, including, but not limited to, the construction and maintenance of facilities and infrastructure improvements for the area within the reservation. The trust shall receive, hold and expend all fees generated by permits, licenses and all other agreements not currently being directed to the General Fund relating to the use of the reservation land as authorized by the commission. The department shall not make expenditures from this fund so as to cause the fund to be deficient.

SECTION 12. Chapter 128 of the General Laws is hereby amended by inserting after section 38B the following section:-

Section 38C. The commissioner may develop a program to assist in the preservation and rehabilitation of facilities and land resources of agricultural fairs in the commonwealth through short-term preservation covenants, grants, demonstration projects and other means. The commissioner may promulgate regulations relative thereto.

SECTION 13. Chapter 132A of the General Laws is hereby amended by inserting after section 11 the following section:-

Section 11. The secretary of environmental affairs shall establish a grant program to assist nonprofit corporations, formed for 1 of the purposes described in section 4 of chapter 180, and provided that the corporations are exempt organizations within the meaning of 18 U.S.C. section 501(c)(3), in acquiring interests in lands suitable for purposes of conservation or recreation. Said secretary may reimburse any such corporation for any money expended by it in establishing an approved project under the program in such amount as he shall determine to be equitable in consideration of anticipated benefits from the project. In no event shall the amount of such reimbursement exceed 50 per cent of the cost of the project. No reimbursement shall be made under this section to a corporation unless a project application is filed by the corporation with the secretary setting forth such plans and information as the secretary may require and the application is approved by him, nor until such corporation shall have certified, in a manner approved by the secretary, its ability to provide an amount equal to the total cost of the project nor until the project has been completed to the satisfaction of the secretary in accordance with the approved plans. All projects shall include the corporation granting an appropriate perpetual conservation restriction, within the meaning of sections 31 and 32 of chapter 184, to the city or town in which the project is located, to be managed by either its conservation or recreation commission, or a state agency, or both. All projects shall provide appropriate public access as determined by the secretary. The secretary may promulgate rules and regulations to carry out this section.

SECTION 14. Section 11A of said chapter 132A, as appearing in the 2000 Official Edition, is hereby amended by adding the following paragraph:-

Notwithstanding the provisions of any general or special law to the contrary, the department of food and agriculture, with the approval of the co-holder, if any, in its sole discretion, may grant to any owner of land subject to an agricultural preservation restriction held by the commonwealth a nonassignable special permit allowing nonagricultural activities to occur on the agricultural preservation restriction land, provided: (a) the land is being actively utilized for full-time commercial agriculture; (b) the permit is for a maximum of 5 years' duration, which may, at the discretion of said department, be renewed; and (c) the agricultural lands preservation committee finds that the grant of a special permit will not defeat or derogate from the intent and purposes of retaining the land for agricultural use and preserving the natural agricultural resources of the commonwealth and that the agricultural preservation restriction owner meets all requirements pertaining to special permits contained in the agricultural preservation restriction agreement form presently utilized by the commonwealth at the time of application for the special permit.

SECTION 15. Section 16 of chapter 270 of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Whoever places, throws, deposits or discharges or whoever causes to be placed, thrown, deposited or discharged, trash, bottles or cans, refuse, rubbish, garbage, debris, scrap, waste or other material of any kind on a public highway or within 20 yards of a public highway, or on any other public land, or in or upon coastal or inland waters, as defined in section 1 of chapter 131, or within 20 yards of such waters, or on property of another, or on lands dedicated for open space purposes, including lands subject to conservation restrictions and agricultural preservation restrictions as defined in chapter 184, shall be punished by a fine of not more than $5,500 for the first offense and a fine not to exceed $15,000 for each subsequent offense; provided, however, that 50 per cent of the fine imposed shall be deposited in the conservation trust established in section 1 of chapter 132A and the court may also require that the violator remove, at his own expense, the trash, refuse, rubbish, debris or materials. The permission of the owner of land to place, throw, deposit or discharge trash, refuse, rubbish, garbage, debris, scrap, waste or other material on the owner's land shall constitute a defense in any trial for such offense.

SECTION 16. The last paragraph of said section 16 of said chapter 270, as so appearing, is hereby amended by adding the following sentence:- The department of environmental management shall permanently post signs on all lands under its jurisdiction which identify: 1) the penalties applicable for the violations under this section; and 2) the proper authorities and contact information to report violations.

SECTION 17. The third paragraph of section 8 of chapter 349 of the acts of 1986, as appearing in section 135 of chapter 33 of the acts of 1991, is hereby amended by adding the following sentence:- The commissioner of the metropolitan district commission may expend an amount not to exceed $17,000,000 for the purposes of the Phase II Park. Said commissioner may enter into contracts with the authority as he deems appropriate to facilitate a coordinated design and construction of the park and related facilities. These funds shall be available for expenditure through June 30, 2005.

SECTION 18. The balance of item 2120-8882 of section 2 of chapter 564 of the acts of 1987 shall remain available for expenditure until June 30, 2003.

SECTION 19. Section 44 of chapter 85 of the acts of 1994, as amended by section 50 of chapter 15 of the acts of 1996, is hereby further amended by inserting after the word "forest", in line 31, the following words:- , Smith farmhouse, garage and barn in Borderland state park, Woodis house in Acushnet cedar swamp state reservation, Harlow house and barn in Ellisville state park, the farmhouseand barn in Carroll A. Holmes recreational area, formerly known as Lake Wyola state park, and coachman's house and barn in Maudslay state park.

SECTION 20. Section 5 of chapter 273 of the acts of 1994, is hereby further amended by striking out, in lines 4 and 5, the figure $580,202,254, inserted by section 16 of chapter 55 of the acts of 1999, and inserting in place thereof the following figure:- $579,202,254.

SECTION 21. Item 2495-8968 of section 2A of chapter 277 of the acts of 1995 is hereby amended by striking out, in lines 21 and 22, the words, " , including groundskeeping, of a certain boathouse on the Mystic River" and inserting in place thereof the following words:- of Veteran's Skating Rink.

SECTION 22. Item 1599-4994 of section 2F of chapter 55 of the acts of 1999 is hereby amended by striking out, in lines 11 to 21, inclusive, the words "provided further, that not less than $900,000 shall be expended for repair, replacement or enhancement of the sewerage lines in the Cambridge street neighborhood, so-called, in the city of Worcester in order to provide sufficient capacity to properly transport sewage from said project; provided further, that not less than $1,400,000 shall be expended for repair, replacement or enhancement of the sewerage lines in the Newton square neighborhood, so-called, in the city of Worcester, in order to provide sufficient capacity to properly transport sewage from said project" and inserting in place thereof the following words:- provided further, that not less than $2,300,000 shall be expended for repair, replacement or enhancement of the sewerage lines in the Cambridge street neighborhood and the Newton square neighborhood in the city of Worcester in order to provide sufficient capacity to properly transport sewage from the project.

SECTION 23. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws the division of capital asset management and maintenance shall transfer the following described parcels of land to the Town of Lenox.

A parcel of land identified as parcel SF-2 known as the "Prime Note Parcel", comprised of 26.68 acres more or less, acquired by the Massachusetts department of highways on December 21, 1995, pursuant to section 3 of chapter 15 of the acts of 1988 and chapter 79 of the General Laws, for the purpose of restoring, preserving, or enhancing areas of scenic beauty or special environmental value, said acquisition being recorded at book 1500, page 569, Berkshire county registry of deeds.

A parcel of land, identified as parcel SF-1 known as the "Maxymillian Parcel", comprised of 60.72 acres more or less, acquired by the Massachusetts department of highways on December 21, 1995, pursuant of section 3 of chapter 15 of the acts of 1988 and chapter 79 of the General Laws, for the purpose of restoring, preserving, or enhancing areas of scenic beauty or special environmental value, said acquisition being recorded at book 1500, page 574, Berkshire county registry of deeds.

SECTION 24. The transfer directed by section 23 shall be subject to the condition that the parcels shall be used by the town of Lenox for conservation purposes and for those purposes for which said property was acquired by the department of highways.

SECTION 25. Notwithstanding section 30 of chapter 29 of the General Laws, a portion of the funds authorized in section 2 may be used for the costs associated with title insurance.

SECTION 26. Notwithstanding any general or special law to the contrary, the executive office of environmental affairs through the department of environmental protection shall waive the Gardner municipal airports annual compliance assurance fee outstanding balance.[This section was vetoed by the Acting Governor - see Veto Message - Senate, No. 2466]

SECTION 27. Notwithstanding any general or special law to the contrary, the secretary of environmental affairs shall develop a statewide comprehensive coastal hazards management plan. Such plan shall be developed by a coastal hazards management steering committee which shall include 1 member of the house of representatives representing coastal communities; 1 member of the senate representing coastal communities; the secretary of administration and finance, or his designee; the secretary of environmental affairs, or his designee; the chairwoman of the seaport advisory council, or her designee; the commissioner of environmental management, or his designee; the commissioner of the metropolitan district commission, or his designee; the director of coastal zone management, or his designee; the director of the Massachusetts emergency management agency, or his designee and 3 representatives of coastal communities to be appointed by the Massachusetts Municipal Association. The coastal hazards management steering committee shall examine innovative solutions to coastal hazards, including existing seawall repair, removal or replacement with an alternative; beach nourishment, including the application of offshore sand mining for such purpose; private property acquisition; infrastructure relocation; best management practices for development in coastal flood or erosion prone areas; funding hazard mitigation plan development and implementation and potential insurance options. The coastal hazards management committee shall file a coastal hazards management plan, including legislative and funding recommendations, with the clerk of the house of representatives and the clerk of the senate within 180 days of the appointment of the committee.

SECTION 28. Notwithstanding the provisions of any general or special law to the contrary, the metropolitan district commission shall prepare an application to place the Metropolitan Park System on the National Register of Historic Sites.[This section was vetoed by the Acting Governor - see Veto Message - Senate, No. 2466]

SECTION 29. Notwithstanding any general or special law to the contrary, the metropolitan district commission may establish a trust fund as authorized pursuant to section 34 of chapter 92 of the General Laws dedicated to the receipt and use of a portion of the revenues generated by an interim parking facility located on a portion of that parcel of land on Ocean avenue known as the North Lot, which parcel was transferred by the commission to the city of Revere, in accordance with the terms and conditions set forth within an agreement by and between the commission and the city of Revere dated March 15, 2001, and pursuant to chapter 841 of the acts of 1975 and chapter 351 of the acts of 1996; provided however, that the commission may transfer to said city a sum not less than 50 per cent of the net revenues collected within the Revere Beach Reservation, generated through parking violations, consistent with the rules and regulations of said commission and consistent with the purposes set forth in the agreement dated March 15, 2001.

SECTION 30. Notwithstanding the provisions of any general or special law to the contrary, in or upon acquiring any fee interest in land for purposes within Article XCVII of the Amendments to the Constitution, all state agencies, commissions and boards expending or receiving state funds pursuant to this act shall obtain the approval of the secretary of environmental affairs before implementing or endorsing any prohibition of fishing, hunting, or trapping on such land and shall provide the secretary with written justification of said prohibition.

SECTION 31. Notwithstanding any general or special law to the contrary and for the purpose of alleviating regional flooding conditions in the towns of Arlington, Belmont and Lexington and the city of Waltham, the commissioner of the metropolitan district commission shall construct the Beaver Brook Flood Mitigation Project, including an extension of a culvert system across Beaver Brook, construction of a relief culvert and related work in the vicinity of Linden street and Waverly Oaks road in the city of Waltham, construction at Beaver Brook Flood Mitigation Project Reach II in the vicinity of Mill street and the reconstruction of the Duck Pond dam and Mill Pond dam and related work in the city of Waltham.

SECTION 32. Notwithstanding any special or general law to the contrary, the department of correction shall preserve the agricultural use of its agricultural properties in the towns of Concord and Acton. The department shall preserve any additional department property in the town of Acton not presently designated as agricultural or for other specified use, as open space for conservation purposes.[This section was vetoed by the Acting Governor - see Veto Message - Senate, No. 2466]

SECTION 33. Notwithstanding any general or special law to the contrary, the department of highways shall place an additional agricultural attraction sign at exit 27 on interstate highway route 495.[This section was vetoed by the Acting Governor - see Veto Message - Senate, No. 2466]

SECTION 34. Notwithstanding any general or special law to the contrary, the uncommitted balance of the bond funded authorizations which are listed herein, and any allocations thereof, shall cease to be available for expenditure as of 180 days after the effective date of the terms bill for this act:

2000-1961; 2000-6950; 2000-7967; 2000-8883; 2000-8884; 2000-8888; 2000-8961; 2000-8962; 2000-8966; 2000-9962; 2120-7880; 2120-7957; 2120-8881; 2120-8882; 2120-8883; 2120-8951; 2120-8962; 2120-8964; 2120-9117; 2120-9920; 2120-9122; 2121-8885; 2121-8888; 2121-9881; 2121-9885; 2130-8771; 2150-9952; 2150-9963; 2150-9965; 2190-9962; 2200-7883; 2200-7888; 2200-9959; 2250-8821; 2240-8824; 2240-8826; 2240-9102; 2250-7874; 2260-8840; 2260-9881; 2260-9882; 2260-9884; 2260-9885; 2260-9886; 2270-8772; 2300-0961; 2300-8840; 2300-8960; 2300-8961; 2300-8962; 2300-8970; 2310-7891; 2310-7892; 2310-8960; 2310-8961; 2320-8881; 2320-8960; 2410-7872; 2410-8802; 2420-7880; 2420-7881; 2420-7882; 2420-7961; 2420-8881; 2420-8936; 2420-8960; 2420-8961; 2421-9936; 2440-7875; 2440-7898; 2440-7957; 2440-8881; 2440-8884; 2440-8885; 2440-8886; 2440-8889; 2440-8952; 2440-8956; 2440-8958; 2440-8960; 2440-8961; 2440-8962; 2440-8963; 2440-8965; 2440-9101; 2440-9102; 2440-9107; 2440-9108; 2440-9109; 2495-8968; 2495-8969; 2511-8942; 2530-8958.

SECTION 34A. Notwithstanding any general or special law to the contrary, the Secretary of Environmental Affairs shall allocate not less than $2,000,000 from accounts 2000-2010, 2000-2022, or 2000-2021 in section 2 of this act for regional and local planning grants to high growth communities in Plymouth and Bristol counties.

SECTION 35. The secretary of environmental affairs shall develop a plan for the reduction of the contamination to watersheds, reservoirs and riverways resulting from the migration and overpopulation of Canadian geese populations. The secretary shall file said plan with the clerks of the house and senate within 9 months after the effective date of this act.

SECTION 36. There shall be a special commission to study the definition of "agricultural and horticultural lands", as said definition governs agricultural preservation restrictions pursuant to section 11A of chapter 132A of the General Laws and other relevant laws. The commission shall consist of the commissioner of food and agriculture, who shall serve as chairman; 3 members of the senate, 1 of whom shall be appointed by the minority leader; 3 members of the house of representatives, 1 of whom shall be appointed by the minority leader; the chair of the board of food and agriculture or his designee, a representative of the agricultural lands preservation committee selected by majority vote of that committee and 4 members appointed by the governor representing the following stakeholders: 1 representative from land trusts headquartered in the commonwealth, 1 representative of a general agricultural organization in the commonwealth, 1 representative from cities and towns in the commonwealth and 1 representative of a statewide organization servicing the horse industry. The members shall study the effects of the changes authorized herein, and shall report their recommendations to the joint committee on natural resources and agriculture by July 1, 2003, for consideration as part of future appropriation of bond funds for said program.

SECTION 37. A special commission is hereby established to investigate and study the feasibility of establishing a program to allow citizens to dispose of residential waste at disposal facilities on certain days for no charge. The investigation and study shall include, but not be limited to, examining the potential effect of the program in reducing the illegal dumping of waste in state parks and reservations and the cost of the program. The commission shall be appointed by the governor and shall consist of 10 members as follows: the house and senate chairmen of the joint committee on natural resources and agriculture, who shall serve as co-chairs of the commission, the house and senate chairmen of the committees on ways and means, or their designees, the secretary of environmental affairs, or his designee, the commissioner of environmental management, or his designee, the commissioner of environmental protection, or his designee, a representative of the Massachusetts Municipal Association, a representative of the National Solid Wastes Management Association and a representative of the Massachusetts Audubon Society. The commission shall report to the general court the results of its study, together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerk of the house of representatives on or before December 31, 2003.[This section was vetoed by the Acting Governor - see Veto Message - Senate, No. 2466]

SECTION 38. The office of coastal zone management within the executive office on environmental affairs shall study and produce a report regarding the potential ecological impacts on the Cape and Islands Ocean Sanctuary and the seabed or subsoil thereof from wind energy facilities located in waters within or outside the commonwealth's coastal zone. The office shall file said report with the clerks of the house and senate within 6 months after the effective date of this act.

Approved August 9, 2002.

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