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2 | 2 | | HOUSE DOCKET, NO. 1129 FILED ON: 1/18/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 744 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Bruce J. Ayers |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act establishing a revolving fund to supplement the funding of waterway projects and coastal |
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13 | 13 | | protection initiatives. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Bruce J. Ayers1st Norfolk1/18/2023 1 of 3 |
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17 | 17 | | HOUSE DOCKET, NO. 1129 FILED ON: 1/18/2023 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 744 |
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19 | 19 | | By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 744) of Bruce J. |
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20 | 20 | | Ayers relative to the funding of waterway projects and coastal protection initiatives. |
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21 | 21 | | Environment and Natural Resources. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE HOUSE, NO. 850 OF 2021-2022.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Third General Court |
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27 | 27 | | (2023-2024) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act establishing a revolving fund to supplement the funding of waterway projects and coastal |
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30 | 30 | | protection initiatives. |
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31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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32 | 32 | | of the same, as follows: |
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33 | 33 | | 1 SECTION 1. Chapter 91 of the General Laws is hereby amended by inserting the |
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34 | 34 | | 2following new section after section 10A1/2:—Section 10A3/4. There is hereby established a |
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35 | 35 | | 3fund to be known as the Coastal Protection and Harbor Maintenance Revolving Fund to which |
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36 | 36 | | 4shall be credited such sums as may from time to time be provided by appropriation. |
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37 | 37 | | 5Notwithstanding the provisions of any general or special law to the contrary, the department of |
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38 | 38 | | 6environmental management is hereby authorized and directed to utilize the appropriations |
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39 | 39 | | 7credited to this fund for providing financial assistance to local government units to meet debt |
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40 | 40 | | 8service obligations or bonds incurred by such local government units after January 1, 2021, to |
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41 | 41 | | 9finance costs of coastal protection and harbor maintenance projects, or portions thereof, which |
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42 | 42 | | 10have been approved by the department.As used in this section, the term “coastal protection and 2 of 3 |
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43 | 43 | | 11harbor maintenance project” shall mean the planning, including study, professional consultation, |
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44 | 44 | | 12engineering, evaluation, preliminary and final design and pre-construction activity, including |
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45 | 45 | | 13construction, supervision and purchase of equipment for post-construction maintenance for |
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46 | 46 | | 14projects approved by the department that increase or maintain harbor access and maintain or |
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47 | 47 | | 15augment structures that provide protection to the coastline and development along the same. The |
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48 | 48 | | 16department shall promulgate regulations to define typical projects that are approved for |
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49 | 49 | | 17assistance and shall therein provide a process for municipalities to submit additional proposals |
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50 | 50 | | 18for consideration should a municipality believe that a project meets the criteria for a coastal |
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51 | 51 | | 19protection or harbor maintenance project but is not specifically defined as such in the |
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52 | 52 | | 20regulations. Subject to appropriation, the department shall provide financial assistance for each |
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53 | 53 | | 21coastal protection and harbor maintenance project or portion thereof authorized by this section in |
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54 | 54 | | 22such manner and under such terms and conditions as defined under regulations to be |
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55 | 55 | | 23promulgated by the department, including zero or low-interest loans to the municipality, in an |
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56 | 56 | | 24aggregate amount equal to 50 percent percent of the approved costs of such project or portion |
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57 | 57 | | 25thereof approved by the department of environmental management. This assistance shall not be |
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58 | 58 | | 26construed as a replacement and shall not be used in lieu of any other form of grant or other |
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59 | 59 | | 27assistance available through the department, but shall assist municipalities in affording and |
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60 | 60 | | 28financing their portion of approved and necessary projects. |
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61 | 61 | | 29 The state treasurer shall enter into an agreement with the department to provide contract |
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62 | 62 | | 30assistance to the department in whatever maximum amount is appropriated by the |
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63 | 63 | | 31commonwealth per fiscal year. Subject to appropriation, the department is hereby authorized and |
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64 | 64 | | 32directed to report the total annual amount of assistance authorized in each current and subsequent |
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65 | 65 | | 33year to meet the provisions of this section and shall file the same with the house and senate 3 of 3 |
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66 | 66 | | 34committees on ways and means no later than February first of each year, such report shall also |
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67 | 67 | | 35detail the number and aggregate amount of requests for assistance the department has received |
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68 | 68 | | 36and is unable to provide from this account due to exhaustion of available appropriations. |
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69 | 69 | | 37 SECTION 2. This act shall take effect upon passage and the department of environmental |
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70 | 70 | | 38management is directed to promulgate the rules and regulations required under this act within 90 |
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71 | 71 | | 39days after the effective date of this act. |
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