Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H736 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2689 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 736
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David Henry Argosky LeBoeuf
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 establishing the climate resilient capital task force.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David Henry Argosky LeBoeuf17th Worcester1/19/2023 1 of 7
16	16	HOUSE DOCKET, NO. 2689 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 736
18	18	By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 736) of
19	19	David Henry Argosky LeBoeuf for legislation to establish a climate resilient capital task force to
20	20	recommend options for the uninterrupted continuity of Commonwealth civil government under
21	21	worst-case climate scenarios. Emergency Preparedness and Management.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act establishing the climate resilient capital task force.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 21N of the General Laws, as appearing in the 2020 Official
31	31	2Edition, is hereby amended by adding the following section:-
32	32	3 Section 12. (1) There is hereby established a Climate Resilient Capital Task Force for the
33	33	4purpose of identifying, considering, and recommending options for the uninterrupted continuity
34	34	5of Commonwealth civil government under worst-case climate scenarios either by the defense of
35	35	6the existing state capital and neighborhoods or the relocation and distribution of state offices and
36	36	7neighborhoods to more naturally advantageous sites.
37	37	8 (2)(a) All members of the Task Force shall be appointed on or before August 15, 2023,
38	38	9and the Task Force shall hold its first meeting on or before September 15, 2023. The Task Force
39	39	10shall be composed of 17 members as follows:
40	40	11 1. One member appointed by the Governor. 2 of 7
41	41	12 2. One member appointed by the Lieutenant Governor.
42	42	13 3. One member appointed by the Secretary of the Commonwealth.
43	43	14 4. One member appointed by the President of the Senate.
44	44	15 5. One member appointed by the Minority Leader of the Senate.
45	45	16 6. One member appointed by the Speaker of the House of Representatives.
46	46	17 7. One member appointed by the Minority Leader of the House of Representatives.
47	47	18 8. Two members appointed by the Massachusetts Emergency Management Agency.
48	48	19 9. One member appointed by the Massachusetts AFL-CIO.
49	49	20 10. One member appointed by Associated Industries of Massachusetts.
50	50	21 11. One member appointed by the Massachusetts Municipal Association.
51	51	22 12. One member appointed by the Metropolitan Area Planning Council.
52	52	23 13. One member appointed by the University of Massachusetts.
53	53	24 14. One member appointed by the Massachusetts Institute of Technology.
54	54	25 15. One member appointed by the Teamsters Local Unions 3, 25, 42, 59, 122, 127, 170,
55	55	26404 and 653 in agreement.
56	56	27 16. One member appointed by the Massachusetts Office of Coastal Zone Management.
57	57	28 (b) Members of the Task Force may participate in meetings by telephone or by other
58	58	29electronic means of communication. 3 of 7
59	59	30 (c) That the members of the Task Force should devote their full professional capacity to
60	60	31the effort, and that the appointers under Section 2 should be free to choose appointees from
61	61	32among the full diversity of the commonwealth’s residents, members of the Task Force shall
62	62	33serve with compensation while performing their duties as described below and furthermore are
63	63	34entitled to reimbursement for per diem and travel expenses in accordance applicable General
64	64	35Laws and regulations.
65	65	36 The Task Force may receive and expend such funds to carry out its mission as may be
66	66	37authorized and appropriated or donated from time to time.
67	67	38 (d) Members of the Task Force shall, as first order of business, familiarize themselves
68	68	39with the skills and ambitions of their colleagues and, by ranked choice ballots, choose a
69	69	40presiding member to set meeting agendas, a secretary to take minutes and comply with public
70	70	41records requests, and a treasurer to manage funds sent per paragraph (c) of this section, if any.
71	71	42The Secretary of the Commonwealth shall conduct the vote.
72	72	43 (e) A majority of the Task Force may at any time call another vote to choose a new
73	73	44presiding member, secretary or treasurer as in paragraph (d) of this section.
74	74	45 (f) Upon the death or resignation of any member, the office of their original appointer, or
75	75	46the organization(s) named in Section 2 as appointer, shall re-appoint the successor member.
76	76	47 (g) The Task Force may by three-quarters of the members in approval adopt such other
77	77	48internal rule or by-law as they deem fit provided such rule or by-law is in accordance with this
78	78	49Act.
79	79	50 (3)(a) In conducting the study, the Task Force shall consider, without limitation: 4 of 7
80	80	51 1. The maintenance and defense of the current capital in Boston, as follows:
81	81	52 a. For the purpose of creating a microcosm on which decisions about the larger city may
82	82	53be made, the Task Force shall estimate the probability-weighted cost of catastrophic storm
83	83	54damage to the State House, the offices of the agencies, and the offices of the Supreme Judicial
84	84	55Court as currently situated, as well as at least one high-risk coastal or riparian residential
85	85	56neighborhood within 15 miles of the State House as the crow flies (e.g., Nahant, Hull, Back Bay,
86	86	57etc.). This cost shall be calculated assuming the low-likelihood, high impact scenario of 1.75
87	87	58meters of sea level rise by 2100 as published by the Intergovernmental Panel on Climate Change
88	88	59(IPCC) 2021 Physical Science Basis Summary for Policymakers, or the most recent IPCC report
89	89	60published as of the appointment of this Task Force, as well as the low-likelihood, high impact
90	90	61estimates for storm intensity and other factors over and above that sea level rise. This cost shall
91	91	62include the economic losses and cost to residents of interruption to the Commonwealth’s
92	92	63governing institutions.
93	93	64 b. The Task Force shall define the high-confidence climate resilience defense against this
94	94	65low-likelihood, high impact scenario in the form of upgrades to the region and surroundings of
95	95	66the State House, to the offices of the agencies, and to the offices of the Supreme Judicial Court,
96	96	67and the chosen neighborhood(s), each as presently situated. This resilience plan shall describe
97	97	68the required road, rail, airport, seaport, and communications infrastructure essential to preserve
98	98	69the functions of these offices and the security of these residences. This resilience plan shall
99	99	70include ecotone water levees, seawalls, or other measures of defense against sea level rise in
100	100	71Boston and co-flooding low-lying communities. The resilience plan shall be designed such that,
101	101	72if put into practice, it will in every way possible result in net zero additional emissions. 5 of 7
102	102	73 c. The Task Force shall estimate the material and labor cost of the resilience plan; the
103	103	74additional cost of Massachusetts workforce training and apprenticeship needed to effect the
104	104	75resilience plan with local hands; the cost of the purchase without taking of any land or property
105	105	76required; the cost of removing and recultivating any ecology or natural habitat so displaced; and
106	106	77the time needed for the resilience plan to be effected.
107	107	78 d. In every estimate of the above, uncertainty shall be a given, such that estimates should
108	108	79be rendered no more precisely than is warranted, at a minimum with ranges around the correct
109	109	80order of magnitude of the cost in dollars or the time in months.
110	110	81 2. The relocation and distribution of capital offices throughout the Commonwealth, as
111	111	82follows:
112	112	83 a. For the purpose of creating a microcosm on which decisions about the larger city may
113	113	84be made, the Task Force shall define the relocation plan, either for a new capital and new
114	114	85neighborhoods near the geographic center of the Commonwealth or for separate capital districts
115	115	86and neighborhoods distributed throughout the Commonwealth. In the interests of long-term
116	116	87stability, the relocation plan shall not place any new office, neighborhood or district below the
117	117	88estimated inundation elevation, calculated under the assumption of the melting of all ice across
118	118	89the globe, as most recently published by the United States Geological Survey. The relocation
119	119	90plan shall relocate the executive branch offices; the offices of the agencies, the halls, chambers
120	120	91and offices of the General Court; the Supreme Judicial Court, and the chosen neighborhood(s).
121	121	92The relocation plan shall account for the likelihood of rain and river flood, fire, and damaging
122	122	93winds in any prospective site. The relocation plan shall be designed such that, if put into practice,
123	123	94it will in every way possible result in net zero additional emissions. 6 of 7
124	124	95 b. The Task Force shall estimate the material and labor cost of the relocation plan; the
125	125	96additional cost of Massachusetts workforce training and apprenticeship needed to effect the
126	126	97relocation with local hands; the cost of the purchase without taking of any land or property
127	127	98required; the cost of removing and recultivating any ecology or natural habitat so displaced; and
128	128	99the time needed for the relocation plan to be effected.
129	129	100 c. The Task Force shall estimate the economic impact of relocation on Boston and
130	130	101surrounding communities; the economic impact on the new location or locations and surrounding
131	131	102communities; the impact on housing costs in Boston and on the new location or locations; the
132	132	103required density changes; the impact on democratic participation of residents of the furthest
133	133	104Berkshire, Dukes, Barnstable, and Nantucket counties; the climate justice implications of such a
134	134	105relocation; and any other considerations the Task Force may deem necessary and proper to
135	135	106estimate.
136	136	107 d. In every estimate of the above, uncertainty shall be a given, such that estimates should
137	137	108be rendered no more precisely than is warranted, at a minimum with ranges around the correct
138	138	109order of magnitude of the cost in dollars or the time in months.
139	139	110 (b) The Task Force may request data, information, and assistance from any state agency,
140	140	111local government, or any political subdivision thereof, which to the extent permitted by law shall
141	141	112provide the Task Force with all relevant information and assistance on any matter within their
142	142	113knowledge or control as promptly as is reasonably practicable. The Task Force may: (i) use such
143	143	114voluntary and uncompensated services of private individuals, agencies and organizations as may
144	144	115from time to time be offered and needed; and (ii) hold regular, public meetings and fact-finding
145	145	116hearings and other public forums as it may consider necessary. The Task Force shall be subject 7 of 7
146	146	117to the provisions of Chapter 30A, Section 11B. The Task Force shall be subject to the
147	147	118requirements of Chapter 66. The secretary of the Task Force shall be responsible for compliance
148	148	119under Chapter 66 Section 10.
149	149	120 (4) No later than 18 months after the first meeting of the Task Force, the Task Force shall
150	150	121submit a report of the resilience plan, including findings and recommendations, to each appointer
151	151	122under Section 2, including but not limited to the Governor, the President of the Senate, and the
152	152	123Speaker of the House of Representatives, and also to the Chief Justice of the Supreme Judicial
153	153	124Court, and shall publish electronically the same for public review. No later than 18 months after
154	154	125the report of the resilience plan, the Task Force shall submit a report of the relocation plan,
155	155	126including findings and recommendations, to the same, and shall likewise publish it. The Task
156	156	127Force shall be dissolved upon submission and publication of the relocation plan, except if at the
157	157	128request of the Governor the Task Force shall continue for the purpose of advising on the
158	158	129implementation of its recommendations.
159	159	130 (5) If any appointer under section 2 should fail to appoint their member or members of
160	160	131the Task Force, or if any member should fail to participate meaningfully in the work of the Task
161	161	132Force, or if the Task Force should fail to produce either or both plans, or if any state agency,
162	162	133local government or political subdivision thereof should fail to provide the assistance or
163	163	134information required under this Act, then the supreme judicial or superior court may, upon
164	164	135petition of not less than ten taxable inhabitants of the commonwealth, compel the participation of
165	165	136said delinquent or delinquents, levy fines against compensation already paid up to and including
166	166	137the amount of compensation awarded here, or both.