Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H792 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. 3054 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 792
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Dylan A. Fernandes and Julian Cyr
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 Blue Communities Program.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Dylan A. FernandesBarnstable, Dukes and Nantucket1/17/2023Julian CyrCape and Islands1/27/2023Angelo J. Puppolo, Jr.12th Hampden1/27/2023Lindsay N. Sabadosa1st Hampshire1/27/2023Marc R. PachecoThird Bristol and Plymouth2/3/2023Josh S. Cutler6th Plymouth2/3/2023Michael O. MooreSecond Worcester2/3/2023Jon Santiago9th Suffolk2/6/2023Paul McMurtry11th Norfolk2/8/2023Mathew J. Muratore1st Plymouth2/16/2023James B. EldridgeMiddlesex and Worcester3/4/2023 1 of 6
16	16	HOUSE DOCKET, NO. 3054 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 792
18	18	By Representative Fernandes of Falmouth and Senator Cyr, a joint petition (accompanied by bill,
19	19	House, No. 792) of Dylan A. Fernandes, Julian Cyr and others for legislation to establish a blue
20	20	communities program to incentivize local action to reduce nutrient pollution and ocean
21	21	acidification. Environment and Natural Resources.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 4102 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act establishing the Blue Communities Program.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Section 6 of chapter 64H of the General Laws, as appearing in the 2020
33	33	2Official Edition, is hereby amended by striking out subsection (p) and inserting in place thereof
34	34	3the following subsection:-
35	35	4 (p) (1) Sales of livestock and poultry of a kind which ordinarily constitute food for
36	36	5human consumption; (2) sales of feed, including the bags in which the feed is customarily
37	37	6contained, for livestock and poultry of a kind which ordinarily constitute food for human
38	38	7consumption or are to be sold in the regular course of business or for animals produced for
39	39	8research, testing, or other purposes relating to the promotion or maintenance of the health, safety
40	40	9or well being of human beings or animals or for fur-bearing animals, the pelts of which are sold 2 of 6
41	41	10in the regular course of business; and (3) sales of plants, including parts of plants, suitable for
42	42	11planting to produce food for human consumption or when such plants, including parts thereof or
43	43	12the produce thereof, are to be sold in the regular course of business, including such items as seed
44	44	13potatoes, onion sets, asparagus roots, berry plants or bushes, and fruit trees.
45	45	14 SECTION 2.
46	46	15 (a) Section 1 of chapter 21N of the General Laws, as appearing in the 2020 Official
47	47	16Edition, is hereby amended by inserting after the definition of “Carbon dioxide equivalent” the
48	48	17following definition:-
49	49	18 “Coastal waters”, any waters and associated submerged lands of the ocean, including the
50	50	19seabed and subsoil, lying between the coast and the seaward boundary of the commonwealth, as
51	51	20defined in 43 U.S.C. § 1312
52	52	21 (b) Said section 1 of chapter 21N of the General Laws, as so appearing, is hereby further
53	53	22amended by inserting after the definition of “Entity” the following definition:-
54	54	23 “Eutrophication”, a condition of coastal or freshwaters of having elevated nutrient
55	55	24concentrations
56	56	25 (c) Said section 1 of chapter 21N of the General Laws, as so appearing, is hereby further
57	57	26amended by inserting after the definition of “Nature-based solutions” the following three
58	58	27definitions:-
59	59	28 “Nutrient dense”, the label which the executive office shall give to fertilizers and liquids
60	60	29that have levels of Nitrogen and Phosphorous the executive office deems too great to be
61	61	30advisable 3 of 6
62	62	31 “Nutrient pollution”, excess amounts of nutrients which can lead to eutrophication
63	63	32 “Ocean acidification”, the decrease of pH levels in the ocean driven by an increase in
64	64	33carbon dioxide dissolved in the water
65	65	34 (d) Said section 1 of chapter 21N of the General Laws, as so appearing, is hereby further
66	66	35amended by inserting after the definition of “Vulnerability assessment” the following definition:-
67	67	36 “Watershed”, any defined land area drained by a river or stream, karst system, or system
68	68	37of connecting rivers or streams such that all surface water within the area flows through a single
69	69	38outlet
70	70	39 SECTION 3. Chapter 21N of the General Laws, as appearing in the 2020 Official
71	71	40Edition, is hereby amended by adding, after section 11, the following section:-
72	72	41 Section 12: The establishment of a blue communities program
73	73	42 (a)The executive office shall establish a blue communities program to incentivize
74	74	43local action to reduce nutrient pollution and ocean acidification in the ocean, coastal waters,
75	75	44fresh waters, and watersheds. The program shall provide technical and financial assistance, in the
76	76	45form of grants and loans, to municipalities and other local governmental bodies that qualify as
77	77	46blue communities under this section.
78	78	47 (b)The executive office may delegate certain initiatives within the blue communities
79	79	48program to certain executive departments, divisions, or offices, including but not limited to, the
80	80	49department of environmental protection, the division of ecological restoration, the division of
81	81	50marine fisheries, and the office of coastal zone management. The executive office may also
82	82	51integrate certain initiatives within the blue communities program with already existing programs, 4 of 6
83	83	52including but not limited to, the green communities division, the municipal vulnerability
84	84	53preparedness grant program, and municipal recycling programs.
85	85	54 (c)To qualify as a blue community, a municipality or other local governmental body
86	86	55shall:
87	87	56 (1)file an application in a form and manner to be prescribed by the executive office;
88	88	57 (2)adopt five of the following nine initiatives:
89	89	58 (i)a liquid hazardous waste program which advertises detergents, cleaning products,
90	90	59and other hazardous or nutrient-dense liquids that cannot safely be thrown away, flushed, or
91	91	60poured down drains and annually collects and properly disposes of such liquids;
92	92	61 (ii)the model groundwater protection regulation proposed by the department of
93	93	62environmental protection or a similar impervious surface zoning bylaw that limits the total area
94	94	63of land covered by impervious surfaces to reduce runoff, particularly in areas closest to coastal
95	95	64waters;
96	96	65 (iii)a rain barrel program which incentivizes and coordinates the implementation of
97	97	66residential rain barrels to collect rainwater and prevent excess runoff;
98	98	67 (iv)a shell collection system for local businesses to return carbonate-containing shells
99	99	68to the ocean;
100	100	69 (v)a shellfish or seaweed regenerative ocean farming operation or shellfish or
101	101	70seaweed restoration project approved by the executive office; 5 of 6
102	102	71 (vi)a water quality monitoring system that must include, but is not limited to,
103	103	72monitoring levels of pH, phosphorus, and nitrogen;
104	104	73 (vii)a plan to eliminate municipal owned sanitary sewer or combined sewer overflows;
105	105	74 (viii)a fertilizer bylaw and lawns program that restricts fertilizer use on grass, educates
106	106	75the public and business-owners on proper lawn care to minimize adverse impacts to coastal
107	107	76waters, and provides contact information for certified professionals to assist in the
108	108	77implementation of these goals; and
109	109	78 (ix)a stormwater utility program to fund upgrades to stormwater infrastructure.
110	110	79 (3)develop a blue community plan that (a) prioritizes implementation in
111	111	80environmental justice communities and (b) outlines specific metrics for each implemented
112	112	81initiative, to be determined by the executive office; and
113	113	82 (4)report the expenditures and results of their blue community plan to the executive
114	114	83office and to the joint committee on environment, natural resources, and agriculture every two
115	115	84years from the date the application is approved by the executive office.
116	116	85 (d)The executive office shall establish a fund to be known as the Blue Communities
117	117	86Fund, which shall be used to finance this program and all or a portion of the costs of studying,
118	118	87designing, constructing, and implementing ocean acidification mitigation programs. The
119	119	88executive office may integrate this fund with the Global Warming Solutions Trust Fund
120	120	89established in section 3 of chapter 209 of the acts of 2018. Funds shall be appropriated annually
121	121	90by the state and include, among other sources, monies obtained from:
122	122	91 (1)offshore wind contributions; 6 of 6
123	123	92 (2)cap-and-invest programs within the commonwealth;
124	124	93 (3)sales tax on fertilizers; and
125	125	94 (4)other sources of revenue related to carbon reduction, the fishing industry,
126	126	95environmental protection and mitigation and ocean acidification.
127	127	96 (e)The executive office shall be responsible for the administration and oversight of
128	128	97the blue communities program, including by:
129	129	98 (1)adopting rules, regulations and guidelines for the administration and enforcement
130	130	99of this section, including, but not limited to, establishing applicant criteria, detailing operations
131	131	100and requirements of the programs in section (b), funding priority, and application forms and
132	132	101procedures;
133	133	102 (2)adopting a structure for communities to receive funding that gives greater
134	134	103amounts of funding to communities that adopt a greater number of initiatives; and
135	135	104 (3)submitting an annual report by September 1 to the clerks of the senate and the
136	136	105house of representatives detailing expenditures and results relative to the blue communities
137	137	106program.