Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H894 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 4009       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 894
The Commonwealth of Massachusetts
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PRESENTED BY:
Lindsay N. Sabadosa and Aaron L. Saunders
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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 relative to forest management and practices guidelines.
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PETITION OF:
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
HOUSE DOCKET, NO. 4009       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 894
By Representatives Sabadosa of Northampton and Saunders of Belchertown, a petition 
(accompanied by bill, House, No. 894) of Lindsay N. Sabadosa, Aaron L. Saunders and others 
relative to forest management and practices guidelines. Environment and Natural Resources.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to forest management and practices guidelines.
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. Section 51 of Chapter 132, as so appearing, is hereby amended by striking 
2out subsection 2 and inserting in place thereof the following section-:
3 (2) promoting the development and increased use and affordability of renewable energy 
4resources demonstrating the role of renewable energy sources and carbon sequestration in 
5addressing the current concerns of air quality, greenhouse emissions, and forest management 
6practices, establishing applied research and development activities that examine and promote 
7best available control technology serving as a depository of information regarding renewable 
8energy resources, providing consulting and technology transfer assistance to the public sector in 
9an effort to help public institutions replicate best available practices in incorporating renewable 
10energy strategies into existing and future construction and providing a forum for public 
11education and training regarding renewable energy and related application;  2 of 4
12 SECTION 2. (a) Notwithstanding any general or special law to the contrary, the 
13department of conservation and recreation shall conduct a formal review of its coordinated 
14management guidelines for sustainable forestry practices created pursuant to section 2F of 15 
15chapter 21 of the general laws, as appearing in the 2020 Official Edition, and the operations of 
1616 the division of forest and parks, as described in chapter 132 of the general laws, as so 
17appearing. The department will conduct the same review of the watershed lands under its care. 
18The Division of Fisheries and Wildlife shall conduct the same review for lands and waters under 
19the administration of the Division of Fisheries and Wildlife.
20 (b) The Committee on Environment, Natural Resources and Agriculture shall appoint a 
21“Public Land Management Advisory Council” (hereinafter referred to as “Council”). The 
22Council shall consist of nine members, including: the 	commissioner of the Department of 
23Conservation and Recreation or a designee, the director of the Division of Fisheries and Wildlife 
24or a designee, one expert in the field of plant ecology, one expert in the field of nongame wildlife 
25and endangered species, one member from the Native Plant Trust or the Native Tree Society; one 
26member from the Woodwell Climate Research Center; one member who has technical training 
27and experience in the field of soil or watershed science; and two members of the public with 
28experience in natural area conservation. The Council will coordinate and oversee the ongoing 
29review process of both agencies. 
30 (c) Said reviews shall occur every five years to (i) assess the efficacy of the department’s 
31and division’s existing forest management practices to protect and preserve the commonwealth’s 
32natural resources; (ii) review the department’s landscape designation process and make 
33recommendations for operational improvements, increased transparency, and improved 
34opportunities for public participation; (iii) conduct an equivalent review for the divisions’  3 of 4
35properties; (iv) make recommendations for any statutory changes needed to improve the 
36department’s and division’s management of public and private forest land; (v) assess 
37opportunities to increase acreage of forest reserves, with particular consideration for old growth 
38forests with the goals of designating a minimum of 30% of the department’s watershed lands and 
3930% of the division’s publicly owned wildlife management areas as reserves by December 31, 
402030; (vi) make recommendations for transparency and accountability improvements for the 
41department and the division, including, but not limited to, proposed statutory changes to codify 
42advisory committees and administrative bodies overseeing forest management; (vii) identify 
43opportunities for nature-based solutions to maximize the utilization of forest land to meet the 
44commonwealth’s emissions reduction goals; (viii) assess the department’s and division’s 
45preparedness to manage and mitigate climate change impacts on public and private forest land; 
46(ix) assess the commonwealth’s capacity for carbon sequestration on public forest land as a 
47method to mitigate climate change; (x) conduct an ongoing science-based review and evaluation 
48of the impacts of land management policies and practices on biodiversity, with a goal of 
49protecting and restoring native species to their long-term historic ranges and population levels.
50 (d) The forests and parks of the commonwealth now under the care, custody and control 
51of the commissioners and subject to the formal review shall not be leased, sold, or exchanged, or 
52be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or 
53destroyed, except as a response to a known forest management emergency, and no commercial 
54activities except those essential to the quiet enjoyment of the facilities by the people shall be 
55permitted on such lands until the department and the division have submitted their findings to the 
56clerks of the house of representatives and the senate, the joint committee on ways and means and  4 of 4
57the joint committee on environment, natural resources and agriculture, pursuant to Section 4 of 
58this act. 
59 SECTION 3. The department and the division shall identify all existing reserve areas 
60designated as of January 1, 2023 on lands under their authority, expand the reserves where 
61appropriate going forward.
62 SECTION 4. The department and the division shall solicit public input on their forest 
63management practices as part of the review process. Not later than March 1, 2025, the 
64department and the division shall (i) hold no fewer than 4 public hearings in geographically-
65diverse regions to receive public testimony on forest management in the commonwealth and 
66shall provide for remote participation; and (ii) solicit and accept written and electronic testimony 
67submissions from the public. Not later than May 1, 2025, the department and the division shall 
68release a draft report of their findings and solicit public comment for at least 30 days. 
69 SECTION 5. The department and division shall submit their findings, along with any 
70updated guidelines, draft regulations, recommendations for statutory changes, and written 
71comments and summaries of oral testimony submitted during public comment periods to the 
72clerks of the house of representatives and the senate, the joint committee on ways and means and 
73the joint committee on environment, natural resources and agriculture not later than June 30, 
742025.