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Massachusetts House Bill H869

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H869 Compare Versions

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22 HOUSE DOCKET, NO. 970 FILED ON: 1/17/2023
33 HOUSE . . . . . . . . . . . . . . . No. 869
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Steven Owens and Jennifer Balinsky Armini
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 the municipal reforestation program.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Owens29th Middlesex1/11/2023Jennifer Balinsky Armini8th Essex1/19/2023Joan Meschino3rd Plymouth1/19/2023Michelle L. Ciccolo15th Middlesex1/25/2023James K. Hawkins2nd Bristol1/27/2023Lindsay N. Sabadosa1st Hampshire2/1/2023Patricia A. Duffy5th Hampden2/2/2023David M. Rogers24th Middlesex2/3/2023Carol A. Doherty3rd Bristol2/6/2023Rodney M. Elliott16th Middlesex2/7/2023James C. Arena-DeRosa8th Middlesex2/8/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/9/2023Paul McMurtry11th Norfolk2/15/2023Brian W. Murray10th Worcester2/17/2023 1 of 13
1616 HOUSE DOCKET, NO. 970 FILED ON: 1/17/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 869
1818 By Representatives Owens of Watertown and Armini of Marblehead, a petition (accompanied by
1919 bill, House, No. 869) of Steven Owens, Jennifer Balinsky Armini and others for legislation to
2020 establish a municipal reforestation program within the Executive Office of Energy and
2121 Environmental Affairs. Environment and Natural Resources.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Third General Court
2525 (2023-2024)
2626 _______________
2727 An Act establishing the municipal reforestation program.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Chapter 21A of the General Laws, as appearing in the 2020 Official
3131 2Edition, is hereby amended by adding the following section:-
3232 3 Section 28. (a) There shall be established an advisory council under the executive office
3333 4of energy and environmental affairs, known as the urban forest advisory council. Members shall
3434 5be appointed by the secretary from public, private, and nongovernmental organizations with
3535 6expertise in urban forestry, arboriculture, landscape architecture, green infrastructure, demand-
3636 7side energy efficiency management, and climate change resilience and mitigation. Such members
3737 8may include representatives from the following: (i) municipal arboriculture or tree warden
3838 9association; (ii) arboriculture or nursery industry association; (iii) urban landscape architecture
3939 10association; (iv) demand-side energy efficiency management; (v) green infrastructure and
4040 11climate change resilience and mitigation; (vi) nonprofit organization with experience in planting
4141 12trees; (vii) environmental organization with expertise in energy conservation, energy efficiency, 2 of 13
4242 13or green infrastructure building practices; (viii) local affordable housing or community
4343 14development organizations; (ix) workforce development programs; (x) municipal departments of
4444 15public works responsible for roads, water mains, sewers, and utility infrastructure; (xi)
4545 16researchers with expertise in data collection related to natural resources, energy management,
4646 17and climate change indicators; (xii) gas company infrastructure; (xiii) electric company
4747 18infrastructure; (xiv) nonprofit transportation organizations with expertise in clean transportation;
4848 19(xv) nonprofit organizations with expertise in municipal finance; (xvi) the Metropolitan Area
4949 20Planning Council, other regional planning agencies, and the Massachusetts Municipal
5050 21Association; (xvii) small business associations; (xviii) organized labor associations; (ix)
5151 22municipal tree committees; (xx) officials from the department of conservation and recreation, the
5252 23department of environmental protection, and the department of transportation; (xxi) agricultural
5353 24high schools; (xxii) federally recognized and state acknowledged tribes within the
5454 25commonwealth; and (xxiii) the University of Massachusetts Amherst Center for Agriculture,
5555 26Food, and the Environment.
5656 27 (b) (1) The secretary shall convene the council to provide advice and technical assistance
5757 28to participating municipalities, tree-planting organizations, municipal arborists, state foresters,
5858 29gas and electric companies, and the department of transportation to ensure sufficient technical
5959 30expertise and oversight in the implementation of the municipal reforestation program, pursuant
6060 31to chapter 21P. The council shall use science-based guidelines to determine urban tree canopy
6161 32cover, for siting trees and to determine optimum native tree species to ensure adequate root
6262 33development and to achieve maximum reduction in consumer energy demand and removal of
6363 34greenhouse gas emissions while causing minimal disruption to public infrastructure. The council
6464 35shall develop guidelines to the secretary for approving plans submitted by municipalities 3 of 13
6565 36pursuant to chapter 21P, and shall advise the secretary on the merits of such plans, including
6666 37recommendations for improvement and approval. The council shall develop and disseminate
6767 38model tree retention ordinances and by-laws and other model ordinances and by-laws that result
6868 39in the preservation and expansion of tree canopy and make them available to public on the
6969 40website of the executive office of energy and environmental affairs. The secretary shall provide
7070 41such resources, expertise, and administrative support as necessary for the advisory council to
7171 42carry out its duties and responsibilities.
7272 43 (2) The technical advice provided by the advisory council shall include, but is not limited
7373 44to: (i) approved tree lists, emphasizing the use of hardy, noninvasive and native tree species that
7474 45can thrive in the urban environment and the changing climate, and tree species that are favored
7575 46by pollinators and birds; (ii) specifications for planting, installation, and maintenance, including
7676 47guidelines for planting trees, size and species of trees, soil volume and supplements, and
7777 48minimum distances between newly planted trees and existing infrastructure, including utility
7878 49infrastructure; (iii) instructions for sufficient watering and for long-term maintenance to be
7979 50provided by recipients of trees to ensure survival of such trees; (iv) technical planning assistance
8080 51to municipalities and tree-planting organizations; (v) procedures for inspection and quality
8181 52control, including inspection for pests and diseases; (vi) procedures for monitoring and collecting
8282 53data on tree health and survival; (vii) procedures for collecting data on energy conservation and
8383 54climate mitigation benefits from the municipal reforestation program; (viii) recommendations for
8484 55workforce development and job training programs on planting, maintenance, and preservation of
8585 56urban forests, including collaboration with secondary and higher education vocational programs;
8686 57and (ix) any other technical advice as required by the secretary, in consultation with the 4 of 13
8787 58department of environmental protection, the department of conservation and recreation, the
8888 59department of public utilities, and the department of transportation.
8989 60 (c) The secretary and the urban forest advisory council, in consultation with the
9090 61department of environmental protection shall develop quantitative and qualitative measures for
9191 62valuing the contribution that an urban tree canopy cover makes to mitigate the effects of climate
9292 63change, including removal of greenhouse gas emissions, energy conservation, reduction of heat
9393 64island effect, storm water management, drought mitigation, air quality improvement, carbon
9494 65sequestration, and benefits to human health, using the best available scientific metrics and
9595 66technology. Such measures may be updated as necessary to reflect current scientific research.
9696 67 SECTION 2. The General Laws are hereby amended by inserting after chapter 21O the
9797 68following chapter:-
9898 69 CHAPTER 21P
9999 70 MUNICIPAL REFORESTATION PROGRAM
100100 71 Section 1. (a) As used in this chapter, the following words, unless the context clearly
101101 72requires otherwise, shall have the following meanings:-
102102 73 “Participating municipality”, each municipality in the commonwealth except those with
103103 74both a population of fewer than 10,000 residents and tree canopy cover of at least 60 percent;
104104 75provided, that a municipality with both a population of fewer than 10,000 residents and tree
105105 76canopy cover of at least 60 percent shall have the option to become a participating municipality
106106 77by a majority vote of the city or town council, by a majority vote of the board of selectmen or by
107107 78resolution of its legislative body, as may be appropriate; and provided further, that a federally 5 of 13
108108 79recognized or state acknowledged tribe within the commonwealth shall have the option to be
109109 80considered a participating municipality by a majority vote of its tribal council or by resolution of
110110 81its legislative body, as may be appropriate.
111111 82 “Plan”, the municipal reforestation plan.
112112 83 “Program”, the municipal reforestation program.
113113 84 “Secretary”, the secretary of energy and environmental affairs.
114114 85 “Urban tree canopy cover”, the surface area of the land covered by the combined leaves,
115115 86branches, and trunks of all standing trees in a given area when viewed from above.
116116 87 (b) (1) The secretary, in consultation with the secretary of transportation, shall establish a
117117 88municipal reforestation program to allow participating municipalities access to funding and
118118 89technical assistance to plant and replace trees as well as maintain and preserve healthy trees
119119 90within the borders of their communities.
120120 91 (2) The purpose and goals of the program include, but are not limited to: (i) removing
121121 92carbon dioxide emissions from the transportation sector within the municipalities of the
122122 93commonwealth through carbon sequestration provided by trees; (ii) improving public health by
123123 94mitigating harmful effects of excessive heat and cold; (iii) improving air quality by reducing
124124 95levels of particulate pollution in neighborhoods with low urban tree canopy cover; (iv)
125125 96strengthening climate resilience by strategically incorporating trees into urban green
126126 97infrastructure projects; (v) promoting community, economic, and workforce development by
127127 98incorporating green infrastructure into municipal transportation infrastructure and community
128128 99planning; (vi) recognizing trees as a key state-wide investment in transportation infrastructure 6 of 13
129129 100and workforce development in order to meet the mandates pursuant to chapter 21N; (vii)
130130 101prioritizing the inclusion of green, sustainable infrastructure in the development of transportation
131131 102infrastructure; (viii) prioritizing the expansion and preservation of the urban tree canopy cover in
132132 103environmental justice neighborhoods, including expanding parks and open spaces; (ix) providing
133133 104equitable access to funding for rural and urban neighborhoods for opportunities to develop green
134134 105infrastructure; (x) maintaining the health of newly planted and existing trees in the urban
135135 106environment by providing funding for maintenance and for inspection for pests and diseases; (xi)
136136 107prioritizing the expansion and preservation of the urban tree canopy cover in municipalities to
137137 108achieve a tree canopy cover of at least 60 percent, where feasible.
138138 109 Section 2. (a) The urban forest advisory council, pursuant to section 28 of chapter 21A, in
139139 110consultation with the secretary of energy and environmental affairs, the secretary of
140140 111transportation, and the secretary of administration and finance, shall establish a formula for the
141141 112disbursement of funding for the program to each participating municipality in the
142142 113commonwealth. Variables and weighted proportions of the formula shall include, but not be
143143 114limited to: (i) the total number of road mileage within the participating municipality; (ii) the total
144144 115population of the participating municipality; (iii) the total number of employed individuals
145145 116within the borders of the participating municipality; (iv) the number of environmental justice
146146 117criteria the participating municipality meets, as determined by the executive office of energy and
147147 118environmental affairs’ environmental justice policy; and (v) the percentage of urban tree canopy
148148 119cover with a greater weighted calculation provided for neighborhoods within a participating
149149 120municipality having a tree canopy cover of 20 percent or less.
150150 121 (b) All costs incurred by the secretary and the participating municipalities for the
151151 122planning, implementation and maintenance of the program shall be covered by section 3 of this 7 of 13
152152 123act. Funds shall be annually distributed to each municipality, pursuant to said section 3, no later
153153 124than August 1st and shall take effect 3 years following enactment of this act.
154154 125 (c) Each participating municipality shall report annually to the secretary on the status of
155155 126the plan and the projects that were completed within the fiscal year and the plans for the
156156 127following year.
157157 128 Section 3. (a) (1) Each participating municipality shall develop a municipal reforestation
158158 129plan within 3 years following enactment of this of act, appropriate to the size and needs of the
159159 130municipality. In developing a plan, participating municipalities shall follow the guidelines
160160 131developed by the urban forest advisory council established under section 28 of chapter 21A and
161161 132any other guidelines as determined necessary by the secretary. Participating municipalities may
162162 133solicit the technical advice and assistance from the urban forest advisory council, the department
163163 134of transportation, the department of conservation and recreation, the department of
164164 135environmental protection, nonprofit tree-planting organizations, nonprofit transportation
165165 136organizations; provided, however that such technical advice and assistance is consistent with the
166166 137guidelines developed by the urban forest advisory council. The secretary shall make available
167167 138other resources as needed by a participating municipality to facilitate the development of its plan
168168 139at no additional cost to the participating municipality. The plan created by a participating
169169 140municipality shall be broken down into projects to be completed by the participating
170170 141municipality and shall follow the project completion prioritization requirements of this section.
171171 142 (2) The plan shall include, but not be limited to: (i) an inventory of the participating
172172 143municipality’s existing tree canopy cover, using established scientific protocols for determining
173173 144tree canopy cover, such as geographical information systems; (ii) an analysis to determine the 8 of 13
174174 145optimal sites for planting trees to achieve the goals the program, using established scientific
175175 146protocols for site selection; (iii) the current condition of the tree canopy cover of the
176176 147neighborhood where the projects will be located; (iv) how the tree species proposed to be planted
177177 148are suitable for the specific sites taking into account local environmental conditions; (v) the
178178 149expected benefits from expansion of the tree canopy cover on energy consumption, heat island
179179 150effect, wind reduction, storm water runoff, drought mitigation, and other consequences related to
180180 151climate change; (vi) the expected benefits from expansion of the tree canopy cover on public
181181 152health; (vii) plans to maintain and provide follow-up care following the planting of trees; (viii)
182182 153plans to engage community residents in the planting and maintenance of the trees, including
183183 154workforce development programs; (viiii) the relationship of the project to any municipal
184184 155vulnerability preparedness program; (x) plans to promote the preservation of existing tree
185185 156canopy; (xi) a timeline for completion for each project within the plan while ensuring equitable
186186 157project prioritization of projects for environmental justice neighborhoods when attainable; (xii)
187187 158certification that tree pits are free of methane leaking from gas pipeline infrastructure; and (xiii)
188188 159any other information as may be required by the secretary. Plans shall be submitted to the
189189 160secretary to be certified ensuring the plans meet the required criteria of this section.
190190 161 (3) Trees planted under a certified plan may be planted in public rights of way, public
191191 162parks, and on private residential and commercial property, provided that priority for project
192192 163completion shall be given to: (i) sites in neighborhoods with low tree canopy cover with first
193193 164priority given to sites with less than 20 percent tree canopy cover; (ii) sites in neighborhoods
194194 165with levels of particulate pollutants above the levels determined by the department of
195195 166environmental protection and the department of public health to be hazardous to human health;
196196 167(iii) sites in environmental justice neighborhoods; (iv) neighborhoods that are deemed to be heat 9 of 13
197197 168islands; and (v) locations where passengers wait at public transit stations and bus stops and
198198 169designated cool corridors for walking and bicycling. Second priority shall be given to sites with
199199 170less than 40 percent tree canopy cover. Third priority shall be given to sites with less than 60
200200 171percent tree canopy cover and to sites with any other criteria determined by the secretary, in
201201 172consultation with the department of environmental protection, the department of conservation
202202 173and recreation, and the department of transportation. To achieve optimal tree canopy cover, trees
203203 174may be planted by a participating municipality on private residential and commercial property
204204 175using funds allocated under sections 2 and 3 of this act, provided, however that the cost of
205205 176maintenance for such trees shall be the responsibility of the owner of such property, through
206206 177written agreement between the owner of the property and the participating municipality as a
207207 178condition of such owner receiving the trees.
208208 179 (4) Participating municipalities shall update their plans for recertification every 5 years.
209209 180In order to revise a certified plan prior to the next recertification, a participating municipality
210210 181shall submit the proposed revisions to the executive office of energy and environmental affairs
211211 182for approval and recertification by the secretary. The secretary may seek technical advice for
212212 183reviewing such proposed revisions from the secretary of transportation and the urban forest
213213 184advisory council established under section 28 of chapter 21A.
214214 185 Section 4. (a) Beginning 3 years following the enactment of this act, each participating
215215 186municipality shall annually submit to the secretary for approval a summary of the projects to be
216216 187completed from the participating municipality’s reforestation plan within the next fiscal year and
217217 188a plan for the next 4 fiscal years. 10 of 13
218218 189 (b) The total costs of the projects shall include: (i) the cost of purchasing trees
219219 190appropriate for the selected sites, including trees purchased as part of a purchasing agreement
220220 191pursuant to subsection (c) of this section; (ii) the cost of planting trees; (iii) the cost of preparing
221221 192the sites where trees are to be planted; (iv) the cost of infrastructure to create adequate tree pits
222222 193and planting conditions, including but not limited to, water collection and water retention
223223 194technologies; (v) the cost of making reasonable modifications to adjoining infrastructure; (vi) the
224224 195cost of labor; (vii) the cost of community outreach and recruitment of volunteers, including any
225225 196stipends provided to volunteers who agree to care for public shade trees in their neighborhoods;
226226 197(viii) the cost of necessary machinery used to plant trees; (ix) the cost of maintaining trees
227227 198planted under the plan, including sufficient watering and monitoring of trees planted on public
228228 199rights of way, public parks, and other public property; (x) the cost for subcontractors to perform
229229 200work that the applicant demonstrates to be beyond its capacity to perform; (xi) reasonable
230230 201administrative costs incurred by a participating municipality in planning and implementing the
231231 202project and in follow-up maintenance of the trees; and (xii) other reasonable costs as determined
232232 203by the secretary. Upon the request of a participating municipality and where cost effective, the
233233 204department of conservation and recreation may provide oversight project management for a
234234 205project.
235235 206 (c) Certified projects intending to use funding allocated under subsection (b) of section 2
236236 207of this chapter shall not exceed the participating municipality’s total funding allocation for the
237237 208fiscal year.
238238 209 (d) If a participating municipality submits projects for the fiscal year that exceed the
239239 210participating municipality’s total funding allocation under subsection (b) of section 2 of this
240240 211chapter, the secretary may certify such projects if the participating municipality submits the 11 of 13
241241 212corresponding required financial forms, as determined by the secretary, indicating that the
242242 213participating municipality has the difference of the costs of the projects acquired through cash or
243243 214in-kind contributions from the participating municipality, individuals, nonprofit organizations,
244244 215corporations, or other entities.
245245 216 (e) Funding from public or private sources as authorized by section 9 of chapter 21A may
246246 217be acquired by the secretary to finance projects to expand urban forests and the municipal
247247 218reforestation program. The secretary shall seek any federal funding that is available to support
248248 219urban forests and the municipal reforestation program and the urban forest advisory council shall
249249 220assist municipalities, nonprofit organizations, regional planning agencies, and other eligible
250250 221entities in identifying and applying for any federal funding that is available to support urban
251251 222forests and the municipal reforestation program.
252252 223 (f) Participating municipalities, when feasible, shall prioritize purchasing trees that are
253253 224planted for projects financed under their municipal reforestation plans from nurseries located in
254254 225the commonwealth. A participating municipality may enter into a purchasing agreement with
255255 226another participating municipality, a regional group of participating municipalities, a regional
256256 227planning agency, or with the department of conservation and recreation to purchase in bulk trees
257257 228to be planted under their municipal reforestation plans and other tree planting programs under the
258258 229authority of the department of conservation and recreation; provided, however, that the trees
259259 230purchased through any agreement come at a reduced cost for all entities.
260260 231 (g) A participating municipality may enter into an agreement with another participating
261261 232municipality, a regional group of participating municipalities, or a regional planning agency to
262262 233jointly develop and implement their municipal reforestation plans, including sharing personnel or 12 of 13
263263 234equipment or jointly contracting with another entity to perform work that the participating
264264 235municipalities demonstrate to be beyond their capacity to perform.
265265 236 Section 5. The secretary shall report annually, no later than October 1, on the results
266266 237achieved by the municipal reforestation program to the governor and to the clerks of the house of
267267 238representatives and the senate, who shall forward such report to the president of the senate, the
268268 239speaker of the house of representatives, and the chairs of the house and senate committees on
269269 240ways and means.
270270 241 Section 6. The secretary may promulgate such rules and regulations as are necessary to
271271 242administer this chapter.
272272 243 SECTION 3. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition,
273273 244is hereby amended by inserting after section 2QQQQQ the following section:-
274274 245 Section 2RRRRR. There shall be established and set up on the books of the
275275 246commonwealth a separate fund, to be known as the Municipal Reforestation Trust Fund, to be
276276 247expended, without further appropriation, by the secretary of energy and environmental affairs for
277277 248the municipal reforestation program established in chapter 21P and the urban forest advisory
278278 249council established in section 28 of chapter 21A. The trust fund shall be credited with: (i) any
279279 250appropriations, bond proceeds or other monies authorized by the general court and specifically
280280 251designated to be credited thereto; (ii) funds from public and private sources and other gifts,
281281 252grants and donations; and (iii) any income derived from the investment of amounts credited to
282282 253the trust fund. All amounts credited to the trust fund shall be held in trust and used solely for
283283 254activities and expenditures consistent with the public purpose of the trust fund and the ordinary
284284 255and necessary expenses of administration and operation associated with the trust fund. All 13 of 13
285285 256available monies in the trust fund that are unexpended at the end of each fiscal year shall not
286286 257revert to the General Fund, shall be available for expenditure in the subsequent fiscal year, and
287287 258shall not be subject to section 5C.