Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H798 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1435 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 798
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Ann-Margaret Ferrante
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 to facilitate climate resiliency.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Ann-Margaret Ferrante5th Essex1/18/2023 1 of 2
16	16	HOUSE DOCKET, NO. 1435 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 798
18	18	By Representative Ferrante of Gloucester, a petition (accompanied by bill, House, No. 798) of
19	19	Ann-Margaret Ferrante relative to climate resiliency protection projects. Environment and
20	20	Natural Resources.
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 to facilitate climate resiliency.
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 SECTION 1. Section 18C(a) of Chapter 91 of the General Laws, as appearing in the 2020
30	30	2Official Edition, is hereby amended by striking out the word “section” and replacing it with the
31	31	3word “subsection”.
32	32	4 SECTION 2. Said section is hereby further amended by inserting after subsection (k) the
33	33	5following section: “(l) Notwithstanding any general or special law to the contrary, the
34	34	6department shall issue a general license authorizing any publicly beneficial climate resiliency
35	35	7project that is designated by a conservation commission, selectmen or mayor under MGL c.131
36	36	8S. 40.”
37	37	9 SECTION 3. Section 40 of Chapter 131 of the General Laws, as appearing in the 2020
38	38	10Official Edition, is hereby amended by adding in the first paragraph, prior to the word “electric”,
39	39	11the words “climate resiliency protection”. 2 of 2
40	40	12 SECTION 4. Said section, as so appearing, is hereby further amended in line 231 by
41	41	13inserting after the words “coastal engineering structures,” the following words:- “climate
42	42	14resiliency protection projects,”
43	43	15 SECTION 5. Said section is hereby further amended in line 270 by inserting the
44	44	16following after the word “therewithin”:- “In the case of a publicly beneficial climate resiliency
45	45	17project in support of flood control and storm damage prevention, where temporary or permanent
46	46	18loss of a resource area and/or the conversion of one resource area to another is necessary to the
47	47	19achievement of the project’s resiliency goals, such conditions shall not include a requirement to
48	48	20minimize or mitigate through replication the loss of resource areas. Projects designated by the
49	49	21conservation commission, selectmen, or mayor as publicly beneficial climate resiliency projects
50	50	22shall be eligible for a general permit under a procedure to be established by the Department
51	51	23paralleling that available for ecological restoration projects.”