Chapter 286

AN ACT PROVIDING FOR THE PRESERVATION AND IMPROVEMENT OF LAND, PARKS AND CLEAN ENERGY IN THE COMMONWEALTH

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide for the immediate 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 energy and 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, subject to the provisions of law regulating the disbursement of public funds, which sums shall be in addition to any other amounts previously appropriated for these purposes; provided, that the amounts specified for a particular project may be adjusted in order to facilitate projects authorized in this act.
     SECTION 2.

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Office of the Secretary.

Department of Environmental Protection.

Department of Fish and Game.

Department of Conservation and Recreation.

Department of Energy Resources.

SECTION 2A. 

OFFICE OF THE TREASURER AND RECEIVER GENERAL

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary.

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Office of the Secretary.

Department of Agricultural Resources.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

Office of the Secretary.

EXECUTIVE OFFICE OF EDUCATION

SECTION 2B.

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Office of the Secretary.

Department of Environmental Protection

Department of Fish and Game.

Department of Agricultural Resources.

Department of Conservation and Recreation.

     SECTION 2C.

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS

Department of Conservation and Recreation.

     SECTION 2D.

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS.

Department of Energy Resources.

      SECTION 2E.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

SECTION 2F.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Division of Capital Asset Management and Maintenance.

     SECTION 2G.

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS

Office of the Secretary.

     SECTION 3.  Section 24 of chapter 21 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words “The supervisors of a conservation district shall also:” and inserting in place thereof the following words:- A conservation district and its supervisors shall, in addition to any other powers granted under sections 21 to 25, inclusive,:
      SECTION 4.  Said section 24 of said chapter 21, as so appearing, is hereby further amended by inserting after paragraph (4) the following paragraph:-
      (4A)  To: (i) acquire by purchase, exchange, gift, grant, bequest or otherwise, any ownership interests and rights in real property located within the boundaries of the district and in personal property; (ii) hold such real and personal property interest in the name of the conservation district; (iii) subject to law and the nature of such interest, maintain, administer and improve any such property so acquired; (iv) receive income from such property and to expend any such income to carrying out the purposes and provisions of the conservation district as provided under sections 21 to 25, inclusive; and (v) sell, lease or dispose of such property or interests therein; provided, however, that interests in real property and personal property shall be acquired for conservation purposes and shall not be used or disposed of except in furtherance of such conservation purposes; provided further, that upon acquisition by a conservation district, such ownership interest and restricted purpose in real property shall be recorded in the name of the district in the registry of deeds or land court for the jurisdiction wherein the property is located; and provided further, that all such property, including any income realized from such property or upon sale thereof, shall be exempt from taxation for state, county and municipal purposes and from betterments and special assessments.
      SECTION 5.  Section 27 of said chapter 21, as so appearing, is hereby amended by striking out clause (1) and inserting in place thereof the following clause:-
      (1)  Encourage or require the adoption and execution by cities, towns, districts, commissions, authorities and other public agencies, and industries and other users of the waters of the commonwealth and by cooperative groups of municipalities and industries of plans for the prevention, control and abatement of water pollution.
      SECTION 6.  Said section 27 of said chapter 21, as so appearing, is hereby further amended by inserting after the word “basin”, in line 60, the following words:- , watershed-based.
      SECTION 7.   Section 28 of said chapter 21, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
      (b)  Within 90 days of receipt by a city or town council of a proposal by the division and approved by the commission or within 90 days of receipt by a municipality of an approval of an area-wide waste treatment management plan update under section 208 of the federal Clean Water Act that includes a proposed water pollution abatement district as the designated area-wide waste treatment management agency for that municipality or that a water pollution abatement district which includes that municipality shall be established, the city or town council shall consider the proposal and indicate its approval or disapproval by voting by yeas and nays upon a question in substantially the following form:
      “Shall there be established a water pollution abatement district as recommended by the division of water pollution control and approved by the water resources commission, to include the city (cities) of (herein name of city or cities so proposed for inclusion) and the town (towns) of (herein name of town or towns proposed for inclusion in part) and the construction, acquisition, extension, improvement, maintenance and operation of a system of water pollution abatement facilities by the the district in accordance with chapter 21 of the General Laws?”
      Within 90 days of receipt by the selectmen or the city or town council of a municipality of a proposal by the division and approved by the commission that a water pollution abatement district which includes that municipality or a part of a municipality shall be established or within 90 days of receipt by the selectmen or the city or town council of any municipality of an approval of an area-wide waste treatment management plan update under section 208 of the Federal Clean Water Act that includes a proposed water pollution abatement district as the designated area-wide waste treatment management agency for that municipality, the selectmen or the city or town council shall cause to be presented for determination by vote, with printed ballots at an annual or special town meeting or special election called for the purpose, the question of approving the proposal, which question shall be in substantially the form set forth above. If the proposed district includes any part of a city or town, the selectmen or the city or town council shall call a special meeting for the purpose of approving the proposal at which only registered voters resident in that part of the municipality proposed to be included in the district may vote. The warrant for such meeting shall be posted in not less than 2 public places in the part of the municipality affected at least 7 days before the day of the meeting and the moderator or city clerk shall preside at such meeting and the city or town clerk shall keep the records thereof. Whenever within that 90-day period each municipality or part thereof proposed for inclusion in the district shall have indicated its approval of the proposed district by vote in the affirmative on the question in the manner described in this subsection, the district shall be deemed to be established. In the event that the municipality or a part of the municipality proposed by the division for inclusion in a district fails to vote in the affirmative on the question within the 90-day period, the director shall conduct a public hearing. Upon completion of the hearing, the director may, upon finding that the creation of the district is necessary for the prompt and efficient abatement of water pollution and with the approval of the water resources commission, declare the mandatory formation of the district.
      SECTION 8.  Subsection (c) of said section 28 of said chapter 21, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
      If the enlargement or consolidation involves a district formed mandatorily as provided in subsection (b), the director shall conduct a public hearing. Upon completion of the hearing, the director may, upon finding that the formation of the district is necessary for the prompt and efficient abatement of water pollution and with the approval of the water resources commission, declare the enlargement or consolidation on the part of the district.
      SECTION 9.  Said chapter 21 is hereby further amended by striking out section 30, as so appearing, and inserting in place thereof the following section:-
      Section 30.  A district commission: (i) may act by a majority vote of the full commission; (ii) shall adopt by-laws and regulations for the conduct of its affairs; (iii) shall adopt a name and a corporate seal; (iv) may sue and be sued; (v) may enter into contracts, (vi) may incur expenses in order to carry out its purposes; (vii) may issue bonds and notes as hereinafter provided; (viii) may acquire, dispose of and encumber real and personal property for the purposes of the district; (ix) may manage, control and supervise abatement facilities; (x) may construct, acquire, improve and maintain and operate abatement facilities; (xi) may exercise the power of eminent domain under chapter 79; (xii) shall provide revenue to carry out the purposes of the district in accordance with sections 35 and 36; (xiii) may apply for, accept and receive financial assistance from the federal government and the commonwealth; and (xiv) shall apply for and hold permits issued by the department of environmental protection and any other federal or state regulatory agency required for those facilities and operations necessary to prevent, control or abate water pollution.
      A district commission may lay out, construct, maintain and operate a system of common sewers and main drains in public or private ways for a part or the whole of its territory as it adjudges necessary for the public health or convenience with such connections and other works as may be required for a system of sewerage and drainage, stormwater treatment and disposal and sewage treatment and disposal including, but not limited to, alternative wastewater treatment techniques approved or permitted by the department of environmental protection and proposed as part of an approved area-wide wastewater management plan adopted under Section 208 of the federal Clean Water Act.   Such works for sewage treatment and disposal may include: (i) any wastewater treatment facility for treating, neutralizing or stabilizing sewage, including treatment or disposal plants; (ii) the necessary intercepting, outfall and outlet sewers; (iii) pumping stations integral to such facilities; and (iv) equipment and appurtenances related to the foregoing and the facilities, structures or other measures for alternative wastewater management treatment techniques. The works for drainage may include a stormwater treatment facility or measure of treating, or removing sediment or contaminants from, stormwater discharges. For the purposes of this chapter , “sewage” shall mean water-carried human or animal wastes from homes, public buildings, commercial or industrial establishments or any combination thereof and shall include any surface or ground water that may be present therein. For the purposes of this chapter, ”stormwater” shall mean surface runoff from precipitation.
      A district commission may install and maintain, in any public or private way in the district where sanitary sewers are constructed, such connecting sewers within the limits of such way as may be necessary to connect any estate which abuts upon the way.
      No act shall be done except in the making of surveys, reports and other preliminary investigations until the plan for any such system of sewerage and sewage treatment and disposal has been approved by the department of environmental protection.
      A district commission may acquire, install, operate, maintain, remove, repair or replace any septic system located within its district.
      A district commission may take by eminent domain under chapter 79 or acquire by purchase or otherwise any lands, rights of way or easements, public or private, in the district which may be necessary for accomplishing any of the purposes of  this section and may construct such sewers or drains under or over any bridge, railroad, railway, or public way, or within the location of any railroad, and may enter upon and dig up any private land, public way or railroad location for the purpose of laying such sewers or drains and maintaining and repairing the same and may do any other thing proper or necessary for the purposes of this section; provided, however, the commission shall not take in fee any land of a railroad corporation and shall not enter upon or construct any sewer or drain within the location of any railroad corporation, except at such time and in such manner as it may agree upon with such any railroad corporation or, in case of failure to agree, as may be approved by the department of telecommunications and energy. Any person whose property is injured  by any such action may recover damages from the district under chapter 79.
      A district commission may make contracts with, or may go to aid any other city, town, commission or district with regard to the operation, repair and maintenance of the physical properties of its system of sewers and drains.  Members of such districts while in the performance of their duties under any such contracts or in extending such aid shall have the same immunities and privileges as if performing the same work in their respective cities, towns, commissions and districts.  Any city, town, commission or district aided under this section shall compensate the district rendering aid as aforesaid for such aid and for the whole or any part of any damage to its property sustained in the course of rendering such aid. Any contracts under this section may be for a period not exceeding 20 years.
      SECTION 10.  Section 42 of said chapter 21, as so appearing, is hereby amended by striking out, in line 4, the word “forty-three” and inserting in place thereof the following words:- 27 or 43.
      SECTION 11.  Section 43 of said chapter 21, as so appearing, is hereby amended by striking out subsections (7) and (8) and inserting in place thereof the following 2 subsections:-
      (7)  A permit shall specify effluent limitations, interim and final deadlines as appropriate for compliance, the term for which the permit is issued, which shall not be in excess of 20 years, as prescribed by the director by regulation for each category of permits and such requirements of proper operation and maintenance, monitoring, sampling, recording, reporting and inspection as the director may prescribe; provided, however, that the term for permits issued for wastewater discharges of 10,000 gallons per day or more to ground waters of the Commonwealth, and wastewater discharges to surface waters shall not be in excess of 5 years.  Permits may specify additional requirements as the director deems necessary to safeguard the quality of the receiving waters or to comply with pertinent provisions of the laws of the commonwealth or of federal law, including technical controls and other components of treatment works to be constructed or installed and provisions for insuring payments of user charges.
      (8)  A permit for a discharge to publicly owned treatment works shall require a user to comply with pretreatment standards and other safeguards which the director may require to prevent excessive or improper waste loadings. With the approval of the director, a municipality, individually or acting in concert with other municipalities, a district, commission, authority or other public agency operating treatment works may administer, in whole or in part, the system of permits that shall regulate discharges to those works.
      SECTION 12.  Chapter 23A of the General Laws is hereby amended by adding the following section:-
      Section 65.  (a) There shall be within the department a Massachusetts Food Trust Program. The purpose of this program shall be to establish a financing infrastructure that increases access to healthy food options and improves economic opportunities for nutritionally underserved communities in urban, rural and suburban localities.
      As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
      “Community development financial institution”, a person other than an individual that has a primary mission of promoting community development, that serves an investment area or targeted population, that provides development services and equity investments or loans through an affiliate or a community partnership, that maintains accountability to residents of its investment area or targeted population through representation on its governing board or otherwise and is not an agency or instrumentality of the United States, the commonwealth or any political subdivision of the commonwealth; provided, however, that a subsidiary of a community development financial institution shall only qualify as a community development financial institution if its parent company and the subsidiaries of the parent company on a consolidated basis also qualify as community development financial institutions.
      “Food opportunity area”, a community or sections of a community of low and moderate income, where the growth of food enterprises would create jobs, attract investment or provide greater access to foods produced in the commonwealth for local residents of low and moderate income.
      “Low-income area”, a census tract as reported in the most recently completed decennial census published by the United States Census Bureau that has a poverty rate of at least 20 per cent or in which the median family income does not exceed 80 per cent of the greater of the statewide or metropolitan median family income.
      “Moderate income area”, a census tract in which the median family income is between 81 and 95 per cent of the median family income for the area.
      “Underserved community”, a low-income and moderate income census tract determined to be an area with low supermarket access by the United States Department of Agriculture as identified in the United States Department of Agriculture’s Food Access Research Atlas, through a methodology that has been identified as having low access to a supermarket or grocery store or through a methodology that has been adopted for use by the department of food and agriculture, the department of economic development or another governmental or philanthropic healthy food initiative.
      (b)  A community development financial institution may develop and implement flexible financing programs, including loans, grants and technical assistance, and enter into external partnerships to raise matching funds, market the programs, evaluate applicants, make award decisions, underwrite loans and monitor compliance and impact.  Activities eligible for assistance shall include, but not be limited to (i) the development, renovation and expansion of supermarkets; (ii) farmers’ markets; (iii) community kitchens; (iv) food truck commissaries; (v) indoor and outdoor greenhouses; (vi) winter and year-round farmers’ markets; (vii) retail, restaurant and supporting food distribution hub options serving such food opportunity areas as approved by the department; provided, however, that applicants for such projects shall demonstrate a meaningful commitment to sell fresh, local products; (viii) infrastructure for urban and rural-based community-supported agriculture businesses; and (ix) working capital for such projects which shall include, but not be limited to, equipment and furnishings, workforce training, security and certain predevelopment costs.
      (c)  The community development financial institution shall work with existing state and federal agencies, including the small business capital access program, the United States Department of the Treasury, the United States Department of Health and Human Services and the United States Department of Agriculture, regarding financing.  To secure grants from private sources, the community development financial institution shall consult with organizations with expertise with food access to analyze market opportunities in underserved communities, conduct outreach and marketing to food retailers and determine the site eligibility of applicants.
      (d)  The community development financial institution shall work in conjunction with local community colleges and vocational education institutions to develop programs designed to train and educate food sellers respecting the designating and marketing of nutritious foods and to assist in the development of public education programs designed to make the buying public aware of the need for nutritious foods and the identity of nutritious foods.
      (e)  A community development financial institution that serves an underserved community shall cooperate with the Massachusetts food policy council to promote and develop farmers’ market programs within targeted communities where local growers shall be given the opportunity to market their produce and to educate residents as to the nutritional importance of their produce.
      (f)  In order to be eligible for financial assistance, a project shall demonstrate to a community development financial institution through impact statements that it is able to provide a positive economic and social impact to its local community.
      (g)  An impact statement shall be submitted to a community development financial institution upon application and not later than February 1 annually each successive year. An impact statement shall include: (i) the positive economic impact provided to the community through job training and employment practices; (ii) information on women and people of color; and (iii) information on veteran status of ownership and full-time employees. Failure of a recipient of financial assistance from a community development financial institution to show positive economic and social impact may be cause for the community development financial institution to discontinue financial assistance to the recipient.
      (h)  To the maximum extent practicable, a recipient of financial assistance from a community development financial institution shall provide healthy and nutritious food to its customer base and shall promote community development by working with other state and local programs.
      (i)  A community development financial institution that serves an underserved community shall forward the annual impact reports collected from supermarkets, farmers’ markets or food stores to the Massachusetts food policy council and shall include the following information: (1) the recipients of financial assistance from community development financial institutions; (2) the total amount of funds obtained by each recipient; and (3) the number of employees in each supermarket, farmers’ market and food store.
      (j)  A community development financial institution that serves an underserved community shall on a periodic basis consult with the Massachusetts grocery access task force to ensure the task force’s awareness of the efforts of the community development financial institution and to seek information and assistance when necessary.
      SECTION 13.  Chapter 29 of the General Laws is hereby amended by inserting after section 2MMMM the following section:-
      Section 2NNNN.  (a) There shall be established and set up on the books of the commonwealth a Climate Change Adaptation Infrastructure Investment Fund into which shall be deposited amounts credited or transferred to the fund by the general court or any other source including, without limitation, federal grants, loan repayments, investment earnings on monies in the fund and any other amounts required to be credited to the fund by law or by resolution or agreement entered into by the department of conservation and recreation, the office of coastal zone management or the department of fish and game. The fund shall be administered by the secretary of energy and environmental affairs. Monies deposited into the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
      (b)  Amounts credited to the fund may be used, without further appropriation, for the costs associated with the operations of the division of waterways and the office of dam safety within the department of conservation and recreation, the department of environmental protection, the department of fish and game and its divisions and the office of coastal zone management for the costs associated with operations but such expenditures shall be solely for the purposes stated in this section and no funds shall be transferred from the trust to any other fund.  The fund shall be used to provide grants or loans to agencies of the commonwealth and local governmental bodies to finance or refinance costs of inspection, repair and removal projects including, but not limited to, projects related to seawalls, jetties, revetments, retaining wall, and inland flood control; provided, however, that the secretary of energy and environmental affairs shall require a local match for any funds provided to a local governmental body. The amount expended from the fund during any fiscal year for the costs of employees shall not exceed 5 per cent of the funds expended from the fund in that fiscal year. As used in this section, a “local governmental body” shall include a municipality, district or regional governmental unit and a commission or board of a municipality and a district or regional governmental unit.
      (c)  Annually, not later than September 1, a local governmental body or public flood control infrastructure owner may apply to the secretary of energy and environmental affairs for assistance in financing the cost of an eligible infrastructure project. Priority shall be given to projects that are owned or operated by agencies of the commonwealth or local governmental bodies.
      SECTION 14.  Subsection (p) of section 6 of chapter 62 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 739, the figure "$50,000" and inserting in place thereof the following figure:- $75,000.
      SECTION 15.  Section 38AA of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 41, the words "fifty thousand dollars" and inserting in place thereof the following figure:- $75,000.
      SECTION 16.  Section 34A of chapter 164 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
      (f)  A state agency or state authority, as defined in section 1 of chapter 29, shall have the same rights as a city or town under this section, without the conditions set forth in the second sentence of the introductory paragraph of subsection (a).
      SECTION 17.  Item 2000-7013 of section 2A of said chapter 312 of the acts of 2008 is hereby amended by inserting after the word “provided”, in line 8, the following words:- , that any land protected with funds authorized in this item be open to the general public for appropriate passive recreation; provided further.
      SECTION 18.  Item 2000-7014 of said section 2A of said chapter 312 is hereby amended by striking out, in line 1, the word “park”  and inserting in place thereof the following word:- parkland.
      SECTION 19.  Item 2000-7016 of said section 2A of said chapter 312 is hereby amended by striking out the wording and inserting in place thereof the following wording:-
      For the conservation partnership grant program to assist not-for-profit corporations and soil conservation districts defined in sections 19 to 24, inclusive, of chapter 21 of the General Laws in acquiring interests in lands suitable for conservation or recreation; provided, that the corporation shall be formed for 1 of the purposes described in section 4 of chapter 180 of the General Laws and the corporation shall be considered an exempt organization within the meaning of section 501(c)(3) of the Internal Revenue Code; provided further, that grant funds shall be expended to reimburse an eligible corporation or soil conservation district for money expended by it in establishing a project approved by the secretary of energy and environmental affairs under this program in an amount that the secretary shall determine to be equitable in consideration of anticipated benefits from the project; provided further, that the amount of the reimbursement shall not exceed 50 per cent of the cost of the project; provided further, that no reimbursement shall be made under this item to a corporation or soil conservation district unless a project application is filed with the secretary by the corporation or soil conservation district setting forth the plans and information that the secretary may require and have been approved by the secretary; provided further, that no reimbursement shall be made under this item until the corporation or soil conservation district shall have certified, in a manner approved by the secretary, its ability to provide an amount equal to the total cost of the project or until the project has been completed, to the satisfaction of the secretary, in accordance with the approved plans; provided further, that all projects shall include the grant by the corporation or soil conservation district of an appropriate perpetual conservation restriction, within the meaning of sections 31 and 32 of chapter 184 of the General Laws, to the city or town in which the project is located, to be managed by either its conservation or its recreation commission or a federal or state agency or a combination thereof; provided further, that all projects shall provide appropriate public access as determined by the secretary; and provided further, that the secretary may adopt rules and regulations to carry out this item.
      SECTION 20.  Item 2200-7011 of said section 2A of said chapter 312 is hereby amended by striking out, in lines 1 to 21, inclusive, the words “For the purposes of water quality monitoring, assessment and protection as required to meet the legislative and regulatory requirements of the Rivers Protection Act, the federal and state Clean Water Acts and the Massachusetts Wetlands Protection Act and to provide for integrated energy and environmental projects to optimize and preserve environmental quality and public health and provide for appropriate protection, restoration, management, and best use of air, energy, water and land resources; provided, that this funding, may include, but not be limited to, studies of water quality, the development of wetlands conservancy and tidelands Geographic Information System (GIS) 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 (TMDL’s), and projects related to non-point and point sources of water pollution, and the wetlands circuit rider program; otherwise referred to as Area 10 in the town's CWRMP ” and inserting in place thereof the following words:- For investment in water and air quality protection as required to meet the legislative and regulatory requirements of the Rivers Protection Act, the federal and state Clean Water Acts and the Massachusetts Wetlands Protection Act and to provide for integrated energy and environmental projects to optimize and preserve environmental quality and public health and provide for appropriate protection, restoration, management and best use of air, energy, water and land resources, assets and infrastructure; provided, that this funding may include, but shall not be limited to, research, studies and the collection of data to support investment in environmental assets, which may include, but not be limited to, studies of water quality, the development of wetlands conservancy and tidelands Geographic Information System, or GIS, maps, the implementation of water quality monitoring initiatives, the collection and analysis of water quality samples and the development of water quality analyses known as Total Maximum Daily Loads, or TMDLs, projects related to nonpoint and point sources of water pollution and the wetlands circuit rider program; provided further, that funds may be expended for local grants and research for implementation of the commonwealth’s Sustainable Water Management Initiative, such grants and research to provide the data necessary for municipalities to invest in efficient and effective mitigation practices to restore and preserve the commonwealth’s water resources, assets and infrastructure; provided further, that funds authorized in this item may be used for the purposes of the department’s statewide air monitoring network which may include, but shall not be limited to, photochemical assessment monitoring stations, small particulate monitoring and air toxins monitoring; and provided further, that funds authorized in this item may include the upgrade of equipment to comply with federal requirements.
      SECTION 21.  Item 2200-7017 of said section 2A of said chapter 312 is hereby amended by striking out, in lines 7 to 9, inclusive, the words “department of environmental protection to be of potential use for water supply purposes; provided, that any grants approved by the department” and inserting in place thereof the following words:- executive office of energy and environmental affairs to be of potential use for water supply purposes; provided, that any land protected with funds authorized in this item shall be made open to the general public for passive public recreation where appropriate; provided further, that any grants approved.
      SECTION 22.  Item 2300-7010 of said section 2A of said chapter 312 is hereby amended by striking out, in line 12, the words “fisheries and wildlife” and inserting in place thereof the following words:- fish and game.
      SECTION 23.  Said item 2300-7010 of said section 2A of said chapter 312 is hereby further amended by inserting after the word “easement”, in line 17, the following words:- or conservation restrictions.
      SECTION 24.  Said item 2300-7010 of said section 2A of said chapter 312 is hereby further amended by inserting after the word “restrictions”, in line 22, the following words:- or conservation easements.
      SECTION 25.  Item 2300-7011 of said section 2A of said chapter 312 is hereby amended by inserting after the word “centers”, in line 8, the following word:- , dams.
      SECTION 26.  Item 2300-7013 of said section 2A of said chapter 312 is hereby amended by inserting after the word “recovery”, in line 6, the following words:- and rehabilitation.
      SECTION 27.  Said item 2300-7013 of said section 2A of said chapter 312 is hereby amended by inserting after the word “recovery”, in line 12, the following words:- and rehabilitation projects.
      SECTION 28.  Item 2300-7014 of said section 2A of said chapter 312 is hereby amended by striking out, in lines 16 to 20, inclusive, the words “provided, that the commissioner shall identify at all scales the natural and cultural resources at risk from invasive species and conduct baseline assessments of invasive species at those sites and to educate the public to help prevent and control invasive species”.
      SECTION 29.  Item 2300-7017 of section 2A of said chapter 312 is amended by inserting after the word “studies”, in line 36, the following words:- ; provided further, that funds may be expended from this item for a cooperative research program between the department of fish and game and the division of fisheries and wildlife, the University of Massachusetts cooperative research unit and the United States Geological Survey to study the status of the aquatic biological diversity in the flowing and impounded water of the commonwealth and the impacts of anthropogenic factors on aquatic resources and develop and implement capital mitigation projects for impacts to aquatic species and other factors; provided further, that research shall include, but not be limited to, the impacts of water withdrawal, impervious cover and water impoundments.
      SECTION 30.  Item 2500-7013 of said section 2A of said chapter 312 is hereby amended by inserting after the word “farms”, in line 9, the following words:- to promote urban agriculture.
      SECTION 31.  Item 6121-1317 of section 2A of chapter 79 of the acts of 2014 is hereby amended by striking out the words “; provided further, that $65,000,000 shall be expended on the dredging of Boston Harbor”.
      SECTION 32.  Said item 6121 of said chapter 79 is hereby further amended by striking out the words “$1,000,000 shall be expended for the planning, design, construction and any other associated costs for transportation improvements at the intersection of state highway route 9, Worcester street, and Kingsbury street in the town of Wellesley” and inserting in place thereof the following words:- not less than $1,000,000 shall be expended for the planning, design, construction and any other associated costs for traffic mitigation work along state highway route 9 and Weston road attributable to the development of 900 Worcester street in the town of Wellesley.
      SECTION 33.  To meet the expenditures necessary in carrying out items 2000-7029, 2800-7031, 9300-7030, 9300-7919 of section 2, items 2000-7070 and 7100-1135 of section 2A and items 2000-7051, 2000-7059, 2000-7061 and 2500-7023 of section 2B, 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, $121,945,000. All such bonds issued by the commonwealth shall be designated on their face, Preservation and Improvement of Environmental Assets Loan Act of 2014, and shall be issued for a maximum term of years, not exceeding 10 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2029. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.
      SECTION 34.  To meet the expenditures necessary in carrying out items 2000-7053, 2200-7021, 2300-7021, 2300-7027, 2300-7028, 2800-7035, 2800-7032, 2800-7107, 2800-7108 and 2840-7027 of section 2, items 0620-1001, 1100-2511, 1100-2530, 2000-7028, 2000-7031, 2000-7054, 2000-7063, 2000-7135, 2500-7024, 1100-2510, 7100-3000, 7100-3001, 7100-3002 and 7100-3003 in section 2A, and items 2000-7055, 2000-7057, 2000-7062, 2200-7023, 2200-7025, 2300-7023, 2300-7024, 2300-7025, 2300-7026, 2840-7024 and 2840-7026 of section 2B and section 2D, 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, $1,281,075,741. All such bonds issued by the commonwealth shall be designated on their face, Preservation and Improvement of Environmental Assets Loan Act of 2014, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2039. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.
      SECTION 35.  To meet the expenditures necessary in carrying out section 2C 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, $100,070,000. All such bonds issued by the commonwealth shall be designated on their face, Environmental Transportation Assets Loan Act of 2014, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2039. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.
      SECTION 36.  To meet the expenditures necessary in carrying out sections 2E to 2G, inclusive, 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, $432,000,000. All such bonds issued by the commonwealth shall be designated on their face, Accelerated Energy Program Improvement Act of 2014, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2039. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.
      SECTION 37.  To meet the expenditures necessary in carrying out item 2800-7027 and 6720-1336 of section 2, items 2000-7056, 2000-7058, 2000-7066, 2500-7011 and 6720-1335 of section 2A and items 2000-7052, 2000-7060, 2300-7020 of section 2B, 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, $292,810,000. All such bonds issued by the commonwealth shall be designated on their face, Preservation and Improvement of Environmental Assets Loan Act of 2014, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2049. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.
      SECTION 38.  Appropriations made pursuant to sections 2 to 2G, inclusive, shall be available for expenditure in the 4 fiscal years following June 30 of the calendar year in which the appropriation is made and any portion of such appropriation representing encumbrances outstanding on the records of the state comptroller’s office at the close of the fourth fiscal year may be applied to the payment thereof any time thereafter. The unencumbered balance shall revert to the commonwealth at the close of the fourth fiscal year.
      SECTION 39.  To provide for the continued availability of certain bond-funded spending authorizations which otherwise would expire, the unexpended balances of the following capital accounts are hereby extended through June 30, 2017, for the purposes of and subject to the conditions stated for these items in the original authorizations and any amendments to such authorizations: 6121-0847, 0526-2012, 0620-1000, 0620-2000, 1100-2500, 1102-5000, 1102-6000, 1102-7000, 2000-7013, 2000-7014, 2000-7015, 2000-7016, 2000-7018, 2000-7022, 2000-7023, 2000-7024, 2000-7025, 2200-7011, 2200-7012, 2200-7013, 2200-7014, 2200-7015, 2200-7017, 2200-7018, 2300-7010, 2300-7011, 2300-7013, 2300-7014, 2300-7015, 2300-7016, 2300-7017, 2300-7018, 2500-7012, 2500-7013, 2500-7014, 2800-7011, 2800-7012, 2800-7013, 2800-7015, 2800-7016, 2800-7017, 2800-7018, 2800-7019, 2800-7022, 2800-7097, 2800-7098, 2840-7014, 2840-7017, 6720-7010, 9300-7010, 9300-7909, 2890-7010, 2890-7011, 2820-1420, 2000-2011, 2000-2012, 2000-2013, 2000-2015, 2000-2017, 2000-2018, 2000-2019, 2000-2020, 2000-2021, 2000-2024, 2000-2025, 2000-2035, 2200-2011, 2200-2014, 2200-2015, 2200-2017, 2300-2011, 2300-2012, 2300-2014, 2300-2016, 2300-2017, 2800-0018, 2800-2011, 2800-2017, 2800-2019, 2800-2021, 2820-2011, 2820-2012, 2840-2013, 2840-2015, 2840-2016, 2840-7014, 2840-2019, 2840-2020, 2840-2022, 2840-2023, 2840-7014, 2890-2023, 2890-2040, 8000-9012, 6121-0800, 2850-9951, 2840-7875, 2200-8969, 2820-8861, 2850-6967, 6121-0816, 6121-0817, 2240-8820, 2250-8820, 2250-8822.
      SECTION 40.  The secretary of administration and finance shall submit a report on the progress of any projects funded through the authorizations in this act to the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means and the chairs of the senate and house committees on bonding, capital expenditures and state assets. The report shall include, but not be limited to, the previous year planned spending, previous year spending, current year planned spending, current year spending to date, original estimated total project cost, project description, location of the project, type of spending, type of asset and useful life of the project once completed.  The report shall be submitted on June 30 and December 31 of each year for a period of 8 years after the effective date of this act.
      SECTION 41.  Each agency acquiring land or an interest in land under section 2 to 2D, inclusive, and 2G may expend an amount not to exceed 5 per cent of the amount appropriated to that agency in said section 2, 2A, 2B, 2C, 2D and 2G 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. The secretary of energy and environmental affairs shall determine by regulation what shall constitute reasonable expenses. If 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 under this section shall convey the land or interest in land to the agency for an amount not to exceed the actual purchase price paid by the organization for the land or interest in land in addition to any reimbursement received under this section.
      SECTION 42.  No amounts authorized in section 2, 2A, 2B, 2C, 2D and 2G shall be used by a recipient municipality for the supplementing or supplanting of normal operating expenses of any function of the municipality.
      SECTION 43.  The department of conservation and recreation, in consultation with the secretary of energy and environmental affairs and the division of fisheries and wildlife, shall identify areas in which deer overpopulation is negatively impacting forestation, water resources or plant growth on department-owned land.  The department of conservation and recreation shall also consult with the department of public health regarding the prevalence of tick-borne illnesses as a result of deer overpopulation.  The division of fisheries and wildlife and the department of conservation and recreation shall use best efforts to develop and implement a harvest management plan for the identified areas by October 1, 2014.  The plan shall focus on areas with deer populations exceeding 50 deer per square mile and shall limit all harvesting activities to individuals holding a valid Massachusetts hunting license. The department of conservation and recreation and the division of fisheries and wildlife may promulgate regulations as necessary to effectuate this section. Any fees collected as part of this deer culling plan shall be used to fund this plan.
      The department of conservation and recreation shall consult with affected municipalities in establishing said plan.  This consultation shall include, but is not limited to, discussion of local ordinances restricting hunting, the safety of increased hunting, the prevalence of tick borne illnesses, and the effect of overpopulation on natural resources within the municipality.  The department of conservation and recreation and the division of fisheries and wildlife shall consider all concerns expressed by the municipality but may allow hunting notwithstanding local ordinances with no less than 30 days notice if reducing the deer population is in the public’s best interest.
      SECTION 44.  Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority, or the commonwealth acting by and through the Massachusetts Department of Transportation, shall transfer title of the Narrow Gauge Extension in the East Boston section of the city of Boston, running from the Wood Island Marsh overlook to Constitution beach, to the Massachusetts Port Authority for $1.  Upon receipt, the Massachusetts Port Authority shall grant an easement on the whole of the land to the city of Boston to construct a public park.  Upon completion of the project, the Massachusetts Port Authority shall retain the property and undertake the operation, maintenance and management of the extension.  The Massachusetts Port Authority shall enter into a contract with the East Boston Project Advisory Committee , Inc.,established pursuant to chapter 349 of the acts of 1986, to specify and detail the operational and maintenance requirements of the authority with respect to the park constructed on the Narrow Gauge extension land; provided, however, that because the land on which the Narrow Gauge Extension is intended for the purpose of creating a significant open space as a publically accessible park and open space area, the Narrow Gauge Extension shall be afforded the protections of Article 97 of the Amendments of the Constitution subject to any existing easements as of record or any easements created during the transfer of the Narrow Gauge Extension from the Massachusetts Bay Transportation Authority to the Massachusetts Port Authority.
      SECTION 45.  Notwithstanding section 30 of chapter 29 of the General Laws or section 65 of chapter 30 of the General Laws, a portion of the funds authorized in sections 2, 2A, 2B, 2C, 2D and 2G may be used for the costs associated with the purchase of title insurance and services for title examinations, reports and certifications; provided, that any executive department or state agency expending funds authorized in sections 2, 2A, 2B, 2C, 2D and 2G shall maximize efforts to utilize all available means to minimize use of capital funds for such purposes.
      SECTION 46.  Notwithstanding any general or special law to the contrary, any executive department or state agency expending funds authorized in sections 2, 2A, 2B, 2C, 2D and 2G shall maximize efforts to utilize all available means to minimize use of capital funds to pay for services rendered by agency employees or by consultants.
      SECTION 47.  Notwithstanding any general or special law to the contrary, upon acquiring any fee interest in land for purposes pursuant to Article XCVII of the Amendments to the Constitution, all state agencies, commissions and boards expending or receiving state funds under this act shall obtain the approval of the secretary of energy and environmental affairs before implementing or endorsing any prohibition of fishing, hunting or trapping on that land and shall provide the secretary with written justification of the prohibition.
      SECTION 48.  Notwithstanding any general or special law to the contrary, the state treasurer, in consultation with the secretary of administration and finance, shall annually issue guidance to state agencies describing the standards used to qualify certain general obligations of the commonwealth as green bonds.  Such standards shall be designed to enable investors to invest directly in environmentally beneficial projects and shall include, but not be limited to, the following categories of projects: (i) clean water and drinking water projects, including watershed enhancement projects; (ii) energy efficiency and conservation projects in state buildings; (iii) land acquisition, open space protection and environmental remediation projects; (iv) river revitalization and preservation and habitat restoration projects; (v) park and recreational facilities projects; and (vi) public transit projects to preserve public transit assets and to expand public transit capacity.
      Each state agency, as defined in section 1 of chapter 29 of the General Laws, receiving funds under this act shall report whether moneys borrowed and expended under this act may be classified as green bonds.  For the purposes of this section, “green bonds” shall mean bonds issued under this act that satisfy the standards promulgated by the state treasurer.  Such report shall be delivered not later than September 30 in any fiscal year in which the agency expends or intends to expend funds made available under this act.  The report shall be delivered to the state treasurer, the secretary of administration and finance, the chairs of the house and senate committees on ways and means, the chairs of the house and senate committees on bonding, capital expenditures and state assets and the clerks of the house of representatives and the senate.  An executive office may report on behalf of any agency contained within that executive office.
      SECTION 49.  Notwithstanding any general or special law to the contrary, all bonds issued pursuant to this act shall be issued for a term not to exceed 30 years. All such bonds shall be payable not later than June 30, 2049, as recommended by the governor in a message to the general court dated July 7, 2014 under section 3 of Article LXII of the Amendments to the Constitution.
      SECTION 50.  Notwithstanding any general or special law to the contrary, the secretary of public safety and security shall conduct an inventory and classify all existing quarries.  The inventory shall identify: (i) the current use of the quarry, whether active, inactive or abandoned; (ii) the owner or operator, whether public or private, responsible for each quarry; (iii) the degree of hazard related to each quarry, including the proximity to roads or other means of public access and the existence of any berms, natural or artificial barriers, fences or guardrails to limit, prohibit or discourage trespass; (iv) the age of each quarry and, if abandoned or inactive, its last date of operation; and (v) whether there have been incidents resulting in serious injury, bodily harm or death at the quarry as a result of a trespass.
      A report, including the inventory, shall be filed with the clerks of the senate and the house of representatives, the joint committee on public safety and homeland security and the joint committee on environment, natural resources and agriculture and shall be posted electronically on the website of the executive office of public safety and security not later than July 1, 2015.  The report shall include recommendations related to safeguarding abandoned and inactive quarries and shall include recognized methods to maintain, restore or reinstate the abandoned or inactive quarry and its surrounding land to an environmentally sound and safe condition.
      SECTION 51.  Notwithstanding any general or special law to the contrary, the department of environmental protection shall submit any final revisions to 310 C.M.R 36.00, together with any supporting documentation or summaries, to the clerks of the senate and the house of representatives, the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture not less than 30 days before their promulgation.
      SECTION 52.  Notwithstanding any general or special law to the contrary, the department of environmental protection shall conduct a comprehensive review of the impact of any revisions to 310 C.M.R 36.00 on municipalities and public water systems.  The review shall include: (i) an analysis of those municipalities and water systems affected by new permit conditions between the final promulgation date of the regulations and March 30, 2017; (ii) those municipalities and water systems required to develop minimization, cold water fishery or mitigation plans; and (iii) any rate increases experienced by ratepayers which water system operators attributed to minimization, cold water fishery or mitigation requirements. The department shall report the results of its review, together with any supporting documentation or analysis, to the clerks of the senate and the house of representatives, the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture and shall post the review electronically on the website of the department not later than July 1, 2017.
      SECTION 53.  Section 51 is hereby repealed.
      SECTION 54.  (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance shall convey 11 parcels of state-owned land in the town of Middleton to the Middleton conservation commission for the long-term protection and enjoyment of the residents of the town. The parcels are identified as: (i) ± 5.53 acres described in book 5659, page 699 and plan book 1970, plan 5 at the Essex southern district registry of deeds; (ii) ± 3.4 acres described in book 5659, page 700 and plan book 1970, plan 5 at the Essex southern district registry of deeds; (iii) ±2.62 acres described in book 6598, page 1 at the Essex southern district registry of deeds; (iv) ± 11.68 acres described in book 6614, page 610, no plan of record, at the Essex southern district registry of deeds; (v) ± 0.9 acres described in book 6487, page 717 at the Essex southern district registry of deeds; (vi) ±.25 acres described in book 5737, page 138 and plan book 1970, plan 522 at the Essex southern district registry of deeds; (vii) ± 12.9 acres described in book 5736, page 574 and plan book 118, plan 45 at the Essex southern district registry of deeds; (viii) ± 20.7 acres described in book 5659, page 701 and plan book 1155, plan 86 at the Essex southern district registry of deeds; (ix) ± 11.7 acres described in book 5718, page 52 and plan book 117, plan 77 at the Essex southern district registry of deeds; (x) ± 2.58 acres described in book 6363, page 385 and plan book 143, plan 87 at the Essex southern district registry of deeds; (xi) ± 6.89 acres described in book 6157, page 98 at the Essex southern district registry of deeds; (xii) ± 10.02 acres described in book 6066, page 445 and plan book 130, plan 3 at the Essex southern district registry of deeds; (xiii) ± 10.47 acres described in book 5935, page 65 and plan book 124, plan 83 at the Essex southern district registry of deeds; (xiv) ± 5.40 acres described in book 5824, page 166 and plan book 121, plan 16 at the Essex southern district registry of deeds; (xv) ± 3.68 acres described in book 7727, page 299 at the Essex southern district registry of deeds; and (xvi) ± 1.19 acres described in book 574, page 451 at the Essex southern district registry of deeds.  The use of the parcels to be conveyed to the town shall be restricted to use for conservation purposes in the town of Middleton. The parcels shall be conveyed by deed without warranties or representations by the commonwealth.
      (b)  The consideration for the parcels to be transferred pursuant to subsection (a) shall be nominal, as determined by the commissioner of capital asset management and maintenance, but shall not exceed the amount that the division of capital asset management and maintenance paid to acquire the parcel.
      (c)  Notwithstanding any general or special law to the contrary, the town of Middleton shall be responsible for all costs and expenses of the transaction authorized in this act as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation related to the conveyance of the parcel and all costs, liabilities and expenses of any nature and kind for its ownership. The town of Middleton shall acquire the property therein in its present condition.
      SECTION 55.  Notwithstanding chapter 518 of the acts of 1991 or any other general or special law to the contrary, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may extend the expiration date of all provisions of their existing lease with the Cape Cod Repertory Theatre under said chapter 518 to August 31, 2049 so that all provisions of the lease shall have the same expiration date. This authorization shall be in lieu of and not in addition to any existing options to extend the lease.
      SECTION 56.  Section 53 shall take effect on July 1, 2017.

Approved, August 13, 2014.