Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H894 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. 4009 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 894
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Lindsay N. Sabadosa and Aaron L. Saunders
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 relative to forest management and practices guidelines.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/20/2023Aaron L. Saunders7th Hampden1/23/2023Margaret R. Scarsdale1st Middlesex2/10/2023David Henry Argosky LeBoeuf17th Worcester2/23/2023Michelle L. Ciccolo15th Middlesex3/2/2023Michael P. Kushmerek3rd Worcester3/8/2023 1 of 4
16	16	HOUSE DOCKET, NO. 4009 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 894
18	18	By Representatives Sabadosa of Northampton and Saunders of Belchertown, a petition
19	19	(accompanied by bill, House, No. 894) of Lindsay N. Sabadosa, Aaron L. Saunders and others
20	20	relative to forest management and practices guidelines. Environment and 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 relative to forest management and practices guidelines.
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 51 of Chapter 132, as so appearing, is hereby amended by striking
30	30	2out subsection 2 and inserting in place thereof the following section-:
31	31	3 (2) promoting the development and increased use and affordability of renewable energy
32	32	4resources demonstrating the role of renewable energy sources and carbon sequestration in
33	33	5addressing the current concerns of air quality, greenhouse emissions, and forest management
34	34	6practices, establishing applied research and development activities that examine and promote
35	35	7best available control technology serving as a depository of information regarding renewable
36	36	8energy resources, providing consulting and technology transfer assistance to the public sector in
37	37	9an effort to help public institutions replicate best available practices in incorporating renewable
38	38	10energy strategies into existing and future construction and providing a forum for public
39	39	11education and training regarding renewable energy and related application; 2 of 4
40	40	12 SECTION 2. (a) Notwithstanding any general or special law to the contrary, the
41	41	13department of conservation and recreation shall conduct a formal review of its coordinated
42	42	14management guidelines for sustainable forestry practices created pursuant to section 2F of 15
43	43	15chapter 21 of the general laws, as appearing in the 2020 Official Edition, and the operations of
44	44	1616 the division of forest and parks, as described in chapter 132 of the general laws, as so
45	45	17appearing. The department will conduct the same review of the watershed lands under its care.
46	46	18The Division of Fisheries and Wildlife shall conduct the same review for lands and waters under
47	47	19the administration of the Division of Fisheries and Wildlife.
48	48	20 (b) The Committee on Environment, Natural Resources and Agriculture shall appoint a
49	49	21“Public Land Management Advisory Council” (hereinafter referred to as “Council”). The
50	50	22Council shall consist of nine members, including: the commissioner of the Department of
51	51	23Conservation and Recreation or a designee, the director of the Division of Fisheries and Wildlife
52	52	24or a designee, one expert in the field of plant ecology, one expert in the field of nongame wildlife
53	53	25and endangered species, one member from the Native Plant Trust or the Native Tree Society; one
54	54	26member from the Woodwell Climate Research Center; one member who has technical training
55	55	27and experience in the field of soil or watershed science; and two members of the public with
56	56	28experience in natural area conservation. The Council will coordinate and oversee the ongoing
57	57	29review process of both agencies.
58	58	30 (c) Said reviews shall occur every five years to (i) assess the efficacy of the department’s
59	59	31and division’s existing forest management practices to protect and preserve the commonwealth’s
60	60	32natural resources; (ii) review the department’s landscape designation process and make
61	61	33recommendations for operational improvements, increased transparency, and improved
62	62	34opportunities for public participation; (iii) conduct an equivalent review for the divisions’ 3 of 4
63	63	35properties; (iv) make recommendations for any statutory changes needed to improve the
64	64	36department’s and division’s management of public and private forest land; (v) assess
65	65	37opportunities to increase acreage of forest reserves, with particular consideration for old growth
66	66	38forests with the goals of designating a minimum of 30% of the department’s watershed lands and
67	67	3930% of the division’s publicly owned wildlife management areas as reserves by December 31,
68	68	402030; (vi) make recommendations for transparency and accountability improvements for the
69	69	41department and the division, including, but not limited to, proposed statutory changes to codify
70	70	42advisory committees and administrative bodies overseeing forest management; (vii) identify
71	71	43opportunities for nature-based solutions to maximize the utilization of forest land to meet the
72	72	44commonwealth’s emissions reduction goals; (viii) assess the department’s and division’s
73	73	45preparedness to manage and mitigate climate change impacts on public and private forest land;
74	74	46(ix) assess the commonwealth’s capacity for carbon sequestration on public forest land as a
75	75	47method to mitigate climate change; (x) conduct an ongoing science-based review and evaluation
76	76	48of the impacts of land management policies and practices on biodiversity, with a goal of
77	77	49protecting and restoring native species to their long-term historic ranges and population levels.
78	78	50 (d) The forests and parks of the commonwealth now under the care, custody and control
79	79	51of the commissioners and subject to the formal review shall not be leased, sold, or exchanged, or
80	80	52be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or
81	81	53destroyed, except as a response to a known forest management emergency, and no commercial
82	82	54activities except those essential to the quiet enjoyment of the facilities by the people shall be
83	83	55permitted on such lands until the department and the division have submitted their findings to the
84	84	56clerks of the house of representatives and the senate, the joint committee on ways and means and 4 of 4
85	85	57the joint committee on environment, natural resources and agriculture, pursuant to Section 4 of
86	86	58this act.
87	87	59 SECTION 3. The department and the division shall identify all existing reserve areas
88	88	60designated as of January 1, 2023 on lands under their authority, expand the reserves where
89	89	61appropriate going forward.
90	90	62 SECTION 4. The department and the division shall solicit public input on their forest
91	91	63management practices as part of the review process. Not later than March 1, 2025, the
92	92	64department and the division shall (i) hold no fewer than 4 public hearings in geographically-
93	93	65diverse regions to receive public testimony on forest management in the commonwealth and
94	94	66shall provide for remote participation; and (ii) solicit and accept written and electronic testimony
95	95	67submissions from the public. Not later than May 1, 2025, the department and the division shall
96	96	68release a draft report of their findings and solicit public comment for at least 30 days.
97	97	69 SECTION 5. The department and division shall submit their findings, along with any
98	98	70updated guidelines, draft regulations, recommendations for statutory changes, and written
99	99	71comments and summaries of oral testimony submitted during public comment periods to the
100	100	72clerks of the house of representatives and the senate, the joint committee on ways and means and
101	101	73the joint committee on environment, natural resources and agriculture not later than June 30,
102	102	742025.