Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H744 Compare Versions

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22 HOUSE DOCKET, NO. 1129 FILED ON: 1/18/2023
33 HOUSE . . . . . . . . . . . . . . . No. 744
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Bruce J. Ayers
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act establishing a revolving fund to supplement the funding of waterway projects and coastal
1313 protection initiatives.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:Bruce J. Ayers1st Norfolk1/18/2023 1 of 3
1717 HOUSE DOCKET, NO. 1129 FILED ON: 1/18/2023
1818 HOUSE . . . . . . . . . . . . . . . No. 744
1919 By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 744) of Bruce J.
2020 Ayers relative to the funding of waterway projects and coastal protection initiatives.
2121 Environment and Natural Resources.
2222 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2323 SEE HOUSE, NO. 850 OF 2021-2022.]
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Third General Court
2727 (2023-2024)
2828 _______________
2929 An Act establishing a revolving fund to supplement the funding of waterway projects and coastal
3030 protection initiatives.
3131 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3232 of the same, as follows:
3333 1 SECTION 1. Chapter 91 of the General Laws is hereby amended by inserting the
3434 2following new section after section 10A1/2:—Section 10A3/4. There is hereby established a
3535 3fund to be known as the Coastal Protection and Harbor Maintenance Revolving Fund to which
3636 4shall be credited such sums as may from time to time be provided by appropriation.
3737 5Notwithstanding the provisions of any general or special law to the contrary, the department of
3838 6environmental management is hereby authorized and directed to utilize the appropriations
3939 7credited to this fund for providing financial assistance to local government units to meet debt
4040 8service obligations or bonds incurred by such local government units after January 1, 2021, to
4141 9finance costs of coastal protection and harbor maintenance projects, or portions thereof, which
4242 10have been approved by the department.As used in this section, the term “coastal protection and 2 of 3
4343 11harbor maintenance project” shall mean the planning, including study, professional consultation,
4444 12engineering, evaluation, preliminary and final design and pre-construction activity, including
4545 13construction, supervision and purchase of equipment for post-construction maintenance for
4646 14projects approved by the department that increase or maintain harbor access and maintain or
4747 15augment structures that provide protection to the coastline and development along the same. The
4848 16department shall promulgate regulations to define typical projects that are approved for
4949 17assistance and shall therein provide a process for municipalities to submit additional proposals
5050 18for consideration should a municipality believe that a project meets the criteria for a coastal
5151 19protection or harbor maintenance project but is not specifically defined as such in the
5252 20regulations. Subject to appropriation, the department shall provide financial assistance for each
5353 21coastal protection and harbor maintenance project or portion thereof authorized by this section in
5454 22such manner and under such terms and conditions as defined under regulations to be
5555 23promulgated by the department, including zero or low-interest loans to the municipality, in an
5656 24aggregate amount equal to 50 percent percent of the approved costs of such project or portion
5757 25thereof approved by the department of environmental management. This assistance shall not be
5858 26construed as a replacement and shall not be used in lieu of any other form of grant or other
5959 27assistance available through the department, but shall assist municipalities in affording and
6060 28financing their portion of approved and necessary projects.
6161 29 The state treasurer shall enter into an agreement with the department to provide contract
6262 30assistance to the department in whatever maximum amount is appropriated by the
6363 31commonwealth per fiscal year. Subject to appropriation, the department is hereby authorized and
6464 32directed to report the total annual amount of assistance authorized in each current and subsequent
6565 33year to meet the provisions of this section and shall file the same with the house and senate 3 of 3
6666 34committees on ways and means no later than February first of each year, such report shall also
6767 35detail the number and aggregate amount of requests for assistance the department has received
6868 36and is unable to provide from this account due to exhaustion of available appropriations.
6969 37 SECTION 2. This act shall take effect upon passage and the department of environmental
7070 38management is directed to promulgate the rules and regulations required under this act within 90
7171 39days after the effective date of this act.