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HOUSE DOCKET, NO. 970 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 869
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Steven Owens and Jennifer Balinsky Armini
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act establishing the municipal reforestation program.
_______________
PETITION OF:
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
HOUSE DOCKET, NO. 970 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 869
By Representatives Owens of Watertown and Armini of Marblehead, a petition (accompanied by
bill, House, No. 869) of Steven Owens, Jennifer Balinsky Armini and others for legislation to
establish a municipal reforestation program within the Executive Office of Energy and
Environmental Affairs. Environment and Natural Resources.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act establishing the municipal reforestation program.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 21A of the General Laws, as appearing in the 2020 Official
2Edition, is hereby amended by adding the following section:-
3 Section 28. (a) There shall be established an advisory council under the executive office
4of energy and environmental affairs, known as the urban forest advisory council. Members shall
5be appointed by the secretary from public, private, and nongovernmental organizations with
6expertise in urban forestry, arboriculture, landscape architecture, green infrastructure, demand-
7side energy efficiency management, and climate change resilience and mitigation. Such members
8may include representatives from the following: (i) municipal arboriculture or tree warden
9association; (ii) arboriculture or nursery industry association; (iii) urban landscape architecture
10association; (iv) demand-side energy efficiency management; (v) green infrastructure and
11climate change resilience and mitigation; (vi) nonprofit organization with experience in planting
12trees; (vii) environmental organization with expertise in energy conservation, energy efficiency, 2 of 13
13or green infrastructure building practices; (viii) local affordable housing or community
14development organizations; (ix) workforce development programs; (x) municipal departments of
15public works responsible for roads, water mains, sewers, and utility infrastructure; (xi)
16researchers with expertise in data collection related to natural resources, energy management,
17and climate change indicators; (xii) gas company infrastructure; (xiii) electric company
18infrastructure; (xiv) nonprofit transportation organizations with expertise in clean transportation;
19(xv) nonprofit organizations with expertise in municipal finance; (xvi) the Metropolitan Area
20Planning Council, other regional planning agencies, and the Massachusetts Municipal
21Association; (xvii) small business associations; (xviii) organized labor associations; (ix)
22municipal tree committees; (xx) officials from the department of conservation and recreation, the
23department of environmental protection, and the department of transportation; (xxi) agricultural
24high schools; (xxii) federally recognized and state acknowledged tribes within the
25commonwealth; and (xxiii) the University of Massachusetts Amherst Center for Agriculture,
26Food, and the Environment.
27 (b) (1) The secretary shall convene the council to provide advice and technical assistance
28to participating municipalities, tree-planting organizations, municipal arborists, state foresters,
29gas and electric companies, and the department of transportation to ensure sufficient technical
30expertise and oversight in the implementation of the municipal reforestation program, pursuant
31to chapter 21P. The council shall use science-based guidelines to determine urban tree canopy
32cover, for siting trees and to determine optimum native tree species to ensure adequate root
33development and to achieve maximum reduction in consumer energy demand and removal of
34greenhouse gas emissions while causing minimal disruption to public infrastructure. The council
35shall develop guidelines to the secretary for approving plans submitted by municipalities 3 of 13
36pursuant to chapter 21P, and shall advise the secretary on the merits of such plans, including
37recommendations for improvement and approval. The council shall develop and disseminate
38model tree retention ordinances and by-laws and other model ordinances and by-laws that result
39in the preservation and expansion of tree canopy and make them available to public on the
40website of the executive office of energy and environmental affairs. The secretary shall provide
41such resources, expertise, and administrative support as necessary for the advisory council to
42carry out its duties and responsibilities.
43 (2) The technical advice provided by the advisory council shall include, but is not limited
44to: (i) approved tree lists, emphasizing the use of hardy, noninvasive and native tree species that
45can thrive in the urban environment and the changing climate, and tree species that are favored
46by pollinators and birds; (ii) specifications for planting, installation, and maintenance, including
47guidelines for planting trees, size and species of trees, soil volume and supplements, and
48minimum distances between newly planted trees and existing infrastructure, including utility
49infrastructure; (iii) instructions for sufficient watering and for long-term maintenance to be
50provided by recipients of trees to ensure survival of such trees; (iv) technical planning assistance
51to municipalities and tree-planting organizations; (v) procedures for inspection and quality
52control, including inspection for pests and diseases; (vi) procedures for monitoring and collecting
53data on tree health and survival; (vii) procedures for collecting data on energy conservation and
54climate mitigation benefits from the municipal reforestation program; (viii) recommendations for
55workforce development and job training programs on planting, maintenance, and preservation of
56urban forests, including collaboration with secondary and higher education vocational programs;
57and (ix) any other technical advice as required by the secretary, in consultation with the 4 of 13
58department of environmental protection, the department of conservation and recreation, the
59department of public utilities, and the department of transportation.
60 (c) The secretary and the urban forest advisory council, in consultation with the
61department of environmental protection shall develop quantitative and qualitative measures for
62valuing the contribution that an urban tree canopy cover makes to mitigate the effects of climate
63change, including removal of greenhouse gas emissions, energy conservation, reduction of heat
64island effect, storm water management, drought mitigation, air quality improvement, carbon
65sequestration, and benefits to human health, using the best available scientific metrics and
66technology. Such measures may be updated as necessary to reflect current scientific research.
67 SECTION 2. The General Laws are hereby amended by inserting after chapter 21O the
68following chapter:-
69 CHAPTER 21P
70 MUNICIPAL REFORESTATION PROGRAM
71 Section 1. (a) As used in this chapter, the following words, unless the context clearly
72requires otherwise, shall have the following meanings:-
73 “Participating municipality”, each municipality in the commonwealth except those with
74both a population of fewer than 10,000 residents and tree canopy cover of at least 60 percent;
75provided, that a municipality with both a population of fewer than 10,000 residents and tree
76canopy cover of at least 60 percent shall have the option to become a participating municipality
77by a majority vote of the city or town council, by a majority vote of the board of selectmen or by
78resolution of its legislative body, as may be appropriate; and provided further, that a federally 5 of 13
79recognized or state acknowledged tribe within the commonwealth shall have the option to be
80considered a participating municipality by a majority vote of its tribal council or by resolution of
81its legislative body, as may be appropriate.
82 “Plan”, the municipal reforestation plan.
83 “Program”, the municipal reforestation program.
84 “Secretary”, the secretary of energy and environmental affairs.
85 “Urban tree canopy cover”, the surface area of the land covered by the combined leaves,
86branches, and trunks of all standing trees in a given area when viewed from above.
87 (b) (1) The secretary, in consultation with the secretary of transportation, shall establish a
88municipal reforestation program to allow participating municipalities access to funding and
89technical assistance to plant and replace trees as well as maintain and preserve healthy trees
90within the borders of their communities.
91 (2) The purpose and goals of the program include, but are not limited to: (i) removing
92carbon dioxide emissions from the transportation sector within the municipalities of the
93commonwealth through carbon sequestration provided by trees; (ii) improving public health by
94mitigating harmful effects of excessive heat and cold; (iii) improving air quality by reducing
95levels of particulate pollution in neighborhoods with low urban tree canopy cover; (iv)
96strengthening climate resilience by strategically incorporating trees into urban green
97infrastructure projects; (v) promoting community, economic, and workforce development by
98incorporating green infrastructure into municipal transportation infrastructure and community
99planning; (vi) recognizing trees as a key state-wide investment in transportation infrastructure 6 of 13
100and workforce development in order to meet the mandates pursuant to chapter 21N; (vii)
101prioritizing the inclusion of green, sustainable infrastructure in the development of transportation
102infrastructure; (viii) prioritizing the expansion and preservation of the urban tree canopy cover in
103environmental justice neighborhoods, including expanding parks and open spaces; (ix) providing
104equitable access to funding for rural and urban neighborhoods for opportunities to develop green
105infrastructure; (x) maintaining the health of newly planted and existing trees in the urban
106environment by providing funding for maintenance and for inspection for pests and diseases; (xi)
107prioritizing the expansion and preservation of the urban tree canopy cover in municipalities to
108achieve a tree canopy cover of at least 60 percent, where feasible.
109 Section 2. (a) The urban forest advisory council, pursuant to section 28 of chapter 21A, in
110consultation with the secretary of energy and environmental affairs, the secretary of
111transportation, and the secretary of administration and finance, shall establish a formula for the
112disbursement of funding for the program to each participating municipality in the
113commonwealth. Variables and weighted proportions of the formula shall include, but not be
114limited to: (i) the total number of road mileage within the participating municipality; (ii) the total
115population of the participating municipality; (iii) the total number of employed individuals
116within the borders of the participating municipality; (iv) the number of environmental justice
117criteria the participating municipality meets, as determined by the executive office of energy and
118environmental affairs’ environmental justice policy; and (v) the percentage of urban tree canopy
119cover with a greater weighted calculation provided for neighborhoods within a participating
120municipality having a tree canopy cover of 20 percent or less.
121 (b) All costs incurred by the secretary and the participating municipalities for the
122planning, implementation and maintenance of the program shall be covered by section 3 of this 7 of 13
123act. Funds shall be annually distributed to each municipality, pursuant to said section 3, no later
124than August 1st and shall take effect 3 years following enactment of this act.
125 (c) Each participating municipality shall report annually to the secretary on the status of
126the plan and the projects that were completed within the fiscal year and the plans for the
127following year.
128 Section 3. (a) (1) Each participating municipality shall develop a municipal reforestation
129plan within 3 years following enactment of this of act, appropriate to the size and needs of the
130municipality. In developing a plan, participating municipalities shall follow the guidelines
131developed by the urban forest advisory council established under section 28 of chapter 21A and
132any other guidelines as determined necessary by the secretary. Participating municipalities may
133solicit the technical advice and assistance from the urban forest advisory council, the department
134of transportation, the department of conservation and recreation, the department of
135environmental protection, nonprofit tree-planting organizations, nonprofit transportation
136organizations; provided, however that such technical advice and assistance is consistent with the
137guidelines developed by the urban forest advisory council. The secretary shall make available
138other resources as needed by a participating municipality to facilitate the development of its plan
139at no additional cost to the participating municipality. The plan created by a participating
140municipality shall be broken down into projects to be completed by the participating
141municipality and shall follow the project completion prioritization requirements of this section.
142 (2) The plan shall include, but not be limited to: (i) an inventory of the participating
143municipality’s existing tree canopy cover, using established scientific protocols for determining
144tree canopy cover, such as geographical information systems; (ii) an analysis to determine the 8 of 13
145optimal sites for planting trees to achieve the goals the program, using established scientific
146protocols for site selection; (iii) the current condition of the tree canopy cover of the
147neighborhood where the projects will be located; (iv) how the tree species proposed to be planted
148are suitable for the specific sites taking into account local environmental conditions; (v) the
149expected benefits from expansion of the tree canopy cover on energy consumption, heat island
150effect, wind reduction, storm water runoff, drought mitigation, and other consequences related to
151climate change; (vi) the expected benefits from expansion of the tree canopy cover on public
152health; (vii) plans to maintain and provide follow-up care following the planting of trees; (viii)
153plans to engage community residents in the planting and maintenance of the trees, including
154workforce development programs; (viiii) the relationship of the project to any municipal
155vulnerability preparedness program; (x) plans to promote the preservation of existing tree
156canopy; (xi) a timeline for completion for each project within the plan while ensuring equitable
157project prioritization of projects for environmental justice neighborhoods when attainable; (xii)
158certification that tree pits are free of methane leaking from gas pipeline infrastructure; and (xiii)
159any other information as may be required by the secretary. Plans shall be submitted to the
160secretary to be certified ensuring the plans meet the required criteria of this section.
161 (3) Trees planted under a certified plan may be planted in public rights of way, public
162parks, and on private residential and commercial property, provided that priority for project
163completion shall be given to: (i) sites in neighborhoods with low tree canopy cover with first
164priority given to sites with less than 20 percent tree canopy cover; (ii) sites in neighborhoods
165with levels of particulate pollutants above the levels determined by the department of
166environmental protection and the department of public health to be hazardous to human health;
167(iii) sites in environmental justice neighborhoods; (iv) neighborhoods that are deemed to be heat 9 of 13
168islands; and (v) locations where passengers wait at public transit stations and bus stops and
169designated cool corridors for walking and bicycling. Second priority shall be given to sites with
170less than 40 percent tree canopy cover. Third priority shall be given to sites with less than 60
171percent tree canopy cover and to sites with any other criteria determined by the secretary, in
172consultation with the department of environmental protection, the department of conservation
173and recreation, and the department of transportation. To achieve optimal tree canopy cover, trees
174may be planted by a participating municipality on private residential and commercial property
175using funds allocated under sections 2 and 3 of this act, provided, however that the cost of
176maintenance for such trees shall be the responsibility of the owner of such property, through
177written agreement between the owner of the property and the participating municipality as a
178condition of such owner receiving the trees.
179 (4) Participating municipalities shall update their plans for recertification every 5 years.
180In order to revise a certified plan prior to the next recertification, a participating municipality
181shall submit the proposed revisions to the executive office of energy and environmental affairs
182for approval and recertification by the secretary. The secretary may seek technical advice for
183reviewing such proposed revisions from the secretary of transportation and the urban forest
184advisory council established under section 28 of chapter 21A.
185 Section 4. (a) Beginning 3 years following the enactment of this act, each participating
186municipality shall annually submit to the secretary for approval a summary of the projects to be
187completed from the participating municipality’s reforestation plan within the next fiscal year and
188a plan for the next 4 fiscal years. 10 of 13
189 (b) The total costs of the projects shall include: (i) the cost of purchasing trees
190appropriate for the selected sites, including trees purchased as part of a purchasing agreement
191pursuant to subsection (c) of this section; (ii) the cost of planting trees; (iii) the cost of preparing
192the sites where trees are to be planted; (iv) the cost of infrastructure to create adequate tree pits
193and planting conditions, including but not limited to, water collection and water retention
194technologies; (v) the cost of making reasonable modifications to adjoining infrastructure; (vi) the
195cost of labor; (vii) the cost of community outreach and recruitment of volunteers, including any
196stipends provided to volunteers who agree to care for public shade trees in their neighborhoods;
197(viii) the cost of necessary machinery used to plant trees; (ix) the cost of maintaining trees
198planted under the plan, including sufficient watering and monitoring of trees planted on public
199rights of way, public parks, and other public property; (x) the cost for subcontractors to perform
200work that the applicant demonstrates to be beyond its capacity to perform; (xi) reasonable
201administrative costs incurred by a participating municipality in planning and implementing the
202project and in follow-up maintenance of the trees; and (xii) other reasonable costs as determined
203by the secretary. Upon the request of a participating municipality and where cost effective, the
204department of conservation and recreation may provide oversight project management for a
205project.
206 (c) Certified projects intending to use funding allocated under subsection (b) of section 2
207of this chapter shall not exceed the participating municipality’s total funding allocation for the
208fiscal year.
209 (d) If a participating municipality submits projects for the fiscal year that exceed the
210participating municipality’s total funding allocation under subsection (b) of section 2 of this
211chapter, the secretary may certify such projects if the participating municipality submits the 11 of 13
212corresponding required financial forms, as determined by the secretary, indicating that the
213participating municipality has the difference of the costs of the projects acquired through cash or
214in-kind contributions from the participating municipality, individuals, nonprofit organizations,
215corporations, or other entities.
216 (e) Funding from public or private sources as authorized by section 9 of chapter 21A may
217be acquired by the secretary to finance projects to expand urban forests and the municipal
218reforestation program. The secretary shall seek any federal funding that is available to support
219urban forests and the municipal reforestation program and the urban forest advisory council shall
220assist municipalities, nonprofit organizations, regional planning agencies, and other eligible
221entities in identifying and applying for any federal funding that is available to support urban
222forests and the municipal reforestation program.
223 (f) Participating municipalities, when feasible, shall prioritize purchasing trees that are
224planted for projects financed under their municipal reforestation plans from nurseries located in
225the commonwealth. A participating municipality may enter into a purchasing agreement with
226another participating municipality, a regional group of participating municipalities, a regional
227planning agency, or with the department of conservation and recreation to purchase in bulk trees
228to be planted under their municipal reforestation plans and other tree planting programs under the
229authority of the department of conservation and recreation; provided, however, that the trees
230purchased through any agreement come at a reduced cost for all entities.
231 (g) A participating municipality may enter into an agreement with another participating
232municipality, a regional group of participating municipalities, or a regional planning agency to
233jointly develop and implement their municipal reforestation plans, including sharing personnel or 12 of 13
234equipment or jointly contracting with another entity to perform work that the participating
235municipalities demonstrate to be beyond their capacity to perform.
236 Section 5. The secretary shall report annually, no later than October 1, on the results
237achieved by the municipal reforestation program to the governor and to the clerks of the house of
238representatives and the senate, who shall forward such report to the president of the senate, the
239speaker of the house of representatives, and the chairs of the house and senate committees on
240ways and means.
241 Section 6. The secretary may promulgate such rules and regulations as are necessary to
242administer this chapter.
243 SECTION 3. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition,
244is hereby amended by inserting after section 2QQQQQ the following section:-
245 Section 2RRRRR. There shall be established and set up on the books of the
246commonwealth a separate fund, to be known as the Municipal Reforestation Trust Fund, to be
247expended, without further appropriation, by the secretary of energy and environmental affairs for
248the municipal reforestation program established in chapter 21P and the urban forest advisory
249council established in section 28 of chapter 21A. The trust fund shall be credited with: (i) any
250appropriations, bond proceeds or other monies authorized by the general court and specifically
251designated to be credited thereto; (ii) funds from public and private sources and other gifts,
252grants and donations; and (iii) any income derived from the investment of amounts credited to
253the trust fund. All amounts credited to the trust fund shall be held in trust and used solely for
254activities and expenditures consistent with the public purpose of the trust fund and the ordinary
255and necessary expenses of administration and operation associated with the trust fund. All 13 of 13
256available monies in the trust fund that are unexpended at the end of each fiscal year shall not
257revert to the General Fund, shall be available for expenditure in the subsequent fiscal year, and
258shall not be subject to section 5C.