Massachusetts Senate Bill S2938

Massachusetts 2023-2024 Regular Session

• Introduced: 8/12/24

Caption

Governor's amendment -- disposition of certain property in the town of Upton

Impact

The bill mandates the Division of Capital Asset Management and Maintenance (DCAMM), in consultation with the DCR, to oversee this transfer of land, which includes ensuring that the replacement land is free from contamination. The bill also requires the landfill operator to pay $25,000 in mitigation to the Conservation Trust as compensation for the past environmental damage caused to the state land. This financial component, however, has raised questions regarding whether the amount adequately reflects the scope of the contamination previously inflicted upon the state forest.

Summary

Senate Bill S2938 proposes amendments to Chapter 156 of the Acts of 2005, specifically addressing the disposition of certain properties in the town of Upton, Massachusetts. The bill aims to facilitate the conveyance of land currently managed by the Department of Conservation and Recreation (DCR) to a landfill operator that has previously encroached upon the Upton State Forest. This forest, a protected area under Article 97 of the Massachusetts Constitution, comprises 2,660 acres and is crucial for conservation. The conveyance would be contingent upon the acceptance of replacement land that is deemed suitable for similar conservation purposes.

Contention

Key points of contention surrounding S2938 include the assumption that the replacement land is suitable for conservation without conducting thorough due diligence on its current status. Critics argue that this assumption might jeopardize the original intent of protecting state lands under Article 97. Additionally, the environmental implications of transferring potentially contaminated land raise concerns among environmentalists and local residents. There are calls for more robust safeguards to ensure that the conveyance process is secure and that the state is compensated adequately for the land being transferred.