Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2941 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 655 FILED ON: 1/16/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2941
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Aaron L. Saunders, (BY REQUEST)
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act for a new forestry deal for Massachusetts private and municipal forest landowners.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michael Leonard1/16/2023 1 of 7
16	16	HOUSE DOCKET, NO. 655 FILED ON: 1/16/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2941
18	18	By Representative Saunders of Belchertown (by request), a petition (accompanied by bill,
19	19	House, No. 2941) of Michael Leonard relative to the taxation and regulation of private and
20	20	municipal forest landowners. Revenue.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act for a new forestry deal for Massachusetts private and municipal forest landowners.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 I. Reforming the Chapter 61/61A Forest & Farm Land Tax Programs to Encourage
30	30	2Enrollment:
31	31	3 1.Repeal the “Right of First Refusal” when landowners withdraw from the programs
32	32	4which no other state in the country has and scares away many landowners from enrolling. In
33	33	5addition, eliminate the conveyance tax for early withdrawal and reduce the rollback tax to two
34	34	6years if landowners withdraw from the program.
35	35	7 2.Reduce the tax on all acreage that is enrolled in the program to zero. Residential
36	36	8development costs towns money because more town services are needed to support new
37	37	9development whereas enrolled forest land cost towns almost nothing.
38	38	10 3.Reduce the minimum forest acreage for the Chapter 61 Forest Land Tax Program to
39	39	11five acres as it is in the Chapter 61A Farm Land Tax Program. 2 of 7
40	40	12 4.Provide $2 million/year to the Working Forest Initiative for new Chapter 61/Forest
41	41	13Stewardship Plans.
42	42	14 5. Eliminate the pilot Climate Forestry Program. Henceforth, all forested acreage that is
43	43	15enrolled in the Chapter 61/61A will be considered good for the climate.
44	44	16 6. Eliminate the “Foresters for the Birds” Program. All forestry will be accepted as being
45	45	17good for birds and all other wildlife populations.
46	46	18 7. There will no need for DCR to launch a new Forest Resilience Program by the end of
47	47	192023. Encouraging more landowners to enroll in the Chapter 61/61A Programs will be far more
48	48	20efficient than starting another new program which will provide no significant benefits.
49	49	21 8. Provide Forest landowners an annual tax credit of $100/acre/year for all acreage that is
50	50	22enrolled in the Chapter 61/61A Forest & Farm Land Tax Programs which would provide some
51	51	23compensation to landowners for all the ecosystem benefits they provide to the Commonwealth
52	52	24such as clean air, clean water, wildlife habitat, and CO2 sequestration which is estimated to be
53	53	25$1,000/acre/year or more. Cities and towns will be provided a state grant of $100/acre/year for
54	54	26all municipal watersheds and all city and town conservation land that have a Forest Management
55	55	27Plan. These credits and grants would provide the support to better manage these forest lands.
56	56	28 9. Provide for an enhanced Chapter 61 to make it easy for landowners to permanently
57	57	29protect their forests in a Conservation Easement. Licensed Foresters would help landowners do
58	58	30this by using an easy one-page form which would be recorded at the Registry of Deeds. This
59	59	31would greatly reduce the very high costs associated with Land Trusts saving landowners millions
60	60	32of dollars in unnecessary costs and encourage more landowners to permanently protect their
61	61	33forest land. Landowners would be paid fair market value for their Conservation Easements with 3 of 7
62	62	34funds to support the program coming from the Environmental/Climate Bond Bill and any future
63	63	35Environmental/Climate Bond Bill.
64	64	36 10. Less than 20% of all private forest land in Massachusetts is enrolled in the Chapter 61
65	65	37Forest Land Tax Program in contrast to NH which has a 60% enrollment rate in their Current
66	66	38Use Program. The goal should be to get at least 50% of all private forest land enrolled in this
67	67	39critical program.
68	68	40 II. Reforming the Chapter 132 Forest Cutting Law to Improve Forest Productivity:
69	69	41 1. All Forest Cutting Plans will be for Long Term Forest Management. The “Short-term
70	70	42Harvest” (also known as destructive high-grade logging) will be eliminated. The method to
71	71	43determine if a Forest Cutting Plan is for Long-term Forest Management will be the same as it is
72	72	44in the Chapter 132 Guidance Document: “Appendix B: Procedure for Long-Term Management
73	73	45Determination/Short-Term Harvest Determination”.
74	74	46 2.All towns will adhere to a new state rule called “A Right to Practice Forestry” with an
75	75	47approved Forest Cutting Plan. This will supersede all local bylaws concerning forestry and will
76	76	48be identical to “Right to Farm” bylaws. This will mean that no local Zoning By-Law may
77	77	49prohibit, unreasonably regulate, or require a special permit for the use of forest land for the
78	78	50primary purpose of forestry. All local wetlands bylaws will be superseded with an approved
79	79	51Forest Cutting Plan because the practice of silviculture and forest management will be an
80	80	52allowed use.
81	81	53 3.All mitigation requirements mandated by the Natural Heritage Program will be
82	82	54eliminated with an approved Forest Cutting Plan. Instead, voluntary measures will be suggested
83	83	55with the approved Forest Cutting Plan as it is in other states. This will make it much easier for 4 of 7
84	84	56landowners to manage their forest land which has been arbitrarily designated as rare species
85	85	57habitat often without any evidence. Maintaining land as forest provides the best protection for
86	86	58wildlife habitats.
87	87	59 III. Reforming the Massachusetts Forester Licensing Law:
88	88	60 1.Forester Licensing will be moved out of DCR and put in the Division of Professional
89	89	61Licensure with all the other licensed professionals. This will allow Licensed Foresters to have
90	90	62the same protections as do other Licensed Professionals and it will also allow for greater
91	91	63consumer protection for landowners. This move will also eliminate DCR’s Forester Licensing
92	92	64Board.
93	93	65 2.A Massachusetts Forester’s License will be good for three years instead of one. The
94	94	66CFE (Continuing Forestry Education) credits needed for renewal will be reduced from 20
95	95	67credits/year down to 10 credits/year. This compares with MA Licensed Timber Harvesters who
96	96	68only need 3 credits/year to maintain their licenses.
97	97	69 3.Encourage the creation of a New England Forester’s License by accepting the licenses
98	98	70of foresters from other states if they accept ours.
99	99	71 IV. Improving DCR’s Forestry Operations for Massachusetts Landowners:
100	100	72 1. All Chapter 61 Forest Management Plans and Forest Stewardship Plans will
101	101	73automatically be approved and registered by a DCR Forestry Clerk upon receipt when filed by a
102	102	74Massachusetts Licensed Forester. Reviews of Forest Management/Forest Stewardship Plans by
103	103	75DCR Service Foresters will be eliminated. Forest Cutting Plans will continue to be reviewed by
104	104	76the DCR Service Foresters and all Forest Cutting Plans must fall within the Recommended 5 of 7
105	105	77Management Practices in the Forest Management/Forest Stewardship Plans unless the
106	106	78Management Plans are amended. Once Forester Licensing is moved to the Division of
107	107	79Professional Licensure, Licensed Foresters will stamp their Forest Management Plans and Forest
108	108	80Cutting Plans and the state will accept it like they do for engineers and surveyors.
109	109	81 2. All Forest Cutting Plans will be checked for complete information only and
110	110	82approved/disapproved by DCR Service Foresters within 10 working days as it is now. DCR
111	111	83Service Foresters will do everything they can to facilitate the approval of all Forest Cutting Plans
112	112	84by notifying the applicants for corrections before disapproving.
113	113	85 3. When private landowners call DCR inquiring about forestry services they will be
114	114	86referred to the MA Directory of Licensed Foresters.
115	115	87 V. Encourage the Development of Forest Industry in Massachusetts:
116	116	88 1. Encourage the use of locally produced renewable firewood and regionally produced
117	117	89wood pellets to reduce the use of imported heating oil. High-efficiency wood and pellet heating
118	118	90systems are a cost-effective way to heat homes and businesses. Provide a rebate payment of 50%
119	119	91of the system and installation cost, up to a maximum of $15,000, for Massachusetts residents
120	120	92who invest in high-efficiency (80% or greater), bulk-fuel fed, wood-pellet central heating boilers
121	121	93and furnaces. Provide rebates of up to $3,000 to Massachusetts residents for a new wood stove
122	122	94change-out program to help pay for replacement of uncertified wood stoves with cleaner, EPA-
123	123	95certified wood or pellet stoves. Provide a 50% cost share up to $50,000 for all Massachusetts
124	124	96schools and municipal buildings to install a wood heating system.
125	125	97 2 Encourage the use of a wood pellet manufacturing industry in Massachusetts by
126	126	98providing a 30% investment tax credit of a project’s cost. 6 of 7
127	127	99 3. Encourage the use of regionally produced Cross Laminated Timber (CLT) in new
128	128	100construction especially public buildings by providing a sales tax exemption for all CLT that is
129	129	101used in any new construction project.
130	130	102 4. Provide a Job Tax Credit of $5,000 for every new job created in forestry and forest
131	131	103products industries that are located in Massachusetts.
132	132	104 VI. Improve Forest Health and Forest Productivity:
133	133	105 1.Non-native insect infestations such as the spongy moth caterpillar, the hemlock wooly
134	134	106adelgid, the emerald ash borer, the Asian longhorned beetle, and other insect pests will be
135	135	107monitored and control measures encouraged. Aerial spraying of organic BT will be done for the
136	136	108control of the spongy moth caterpillar as needed.
137	137	109 2.Enact a comprehensive program to control non-native invasive plants which are a huge
138	138	110threat to our forest ecosystems. Require that all cities and towns develop an invasive plant
139	139	111control program that would include all town roads and town owned property including schools,
140	140	112recreation areas, parks, and conservation land. Contact all landowners to educate them on the
141	141	113need to control invasive plants and practice good forestry. Invasive Control Management Plans
142	142	114will be paid for by an increase in local aid and Plans for all cities and towns will be reviewed and
143	143	115approved by DCR’s Director of Forest Stewardship.
144	144	116 VII. The Regional Greenhouse Gas Initiative (RGGI) is a cooperative effort by Northeast
145	145	117and Mid-Atlantic States to reduce CO2 emissions from large fossil fuel power plants. MA
146	146	118receives about $50 million/year from RGGI Auctions. The proceeds from the auctions go to
147	147	119energy efficiency and other projects but nothing goes to forestry. The New Forestry Deal will
148	148	120require that 50% of all auction revenue go to forest landowners to help pay for the tax credits and 7 of 7
149	149	121grants. The RGGI has a “forestry protocol” but it has done nothing to help forestry in
150	150	122Massachusetts,
151	151	123 VIII. Mandate a no net loss of forest land from the construction of all solar farms. All
152	152	124new solar farms will be confined to landfills and other brownfields.
153	153	125 IX. Conclusion: Encouraging the protection and management of private forest land is
154	154	126critical to sustain our environment for future generations in Massachusetts and sequester up to
155	155	12720% of our greenhouse gas emissions making it easier to reach net zero by 2050. The goal of
156	156	128increasing the total amount of protected forest land in Massachusetts from one million acres to
157	157	1292.5 million acres which is an area equal to ½ of the state’s land area can only be achieved by
158	158	130passing “A New Forestry Deal for Massachusetts Landowners”.