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SENATE DOCKET, NO. 1214 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 452
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Cynthia Stone Creem
_________________
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 :Cynthia Stone CreemNorfolk and MiddlesexPatrick M. O'ConnorFirst Plymouth and Norfolk2/9/2023Steven Owens29th Middlesex1/25/2023Jack Patrick Lewis7th Middlesex2/6/2023Samantha Montaño15th Suffolk2/6/2023James K. Hawkins2nd Bristol2/8/2023Carmine Lawrence Gentile13th Middlesex2/9/2023Kay Khan11th Middlesex2/15/2023Brian W. Murray10th Worcester2/17/2023David Henry Argosky LeBoeuf17th Worcester2/23/2023Patricia D. JehlenSecond Middlesex3/2/2023 1 of 13
SENATE DOCKET, NO. 1214 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 452
By Ms. Creem, a petition (accompanied by bill, Senate, No. 452) of Cynthia Stone Creem,
Patrick M. O'Connor, Steven Owens, Jack Patrick Lewis and other members of the General
Court for legislation to establish the municipal reforestation program. Environment and Natural
Resources.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 504 OF 2021-2022.]
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, ecology, arboriculture, landscape architecture, green infrastructure,
7demand-side energy efficiency management, and climate change resilience and mitigation. Such
8members may include representatives from the following: (i) municipal arboriculture or tree
9warden associations; (ii) arboriculture or nursery industry associations; (iii) urban landscape 2 of 13
10architecture associations; (iv) demand-side energy efficiency management organizations; (v)
11green infrastructure and climate change resilience and mitigation organizations; (vi) nonprofit
12organizations with experience in planting trees; (vii) environmental organizations with expertise
13in energy conservation, energy efficiency, or green infrastructure building practices; (viii) local
14affordable housing or community development organizations; (ix) workforce development
15programs; (x) municipal departments of public works responsible for roads, water mains, sewers,
16and utility infrastructure; (xi) researchers with expertise in data collection related to natural
17resources, energy management, and climate change indicators; (xii) gas companies; (xiii) electric
18distribution companies; (xiv) nonprofit transportation organizations with expertise in clean
19transportation; (xv) nonprofit organizations with expertise in municipal finance; (xvi) the
20Metropolitan Area Planning Council, other regional planning agencies, and the Massachusetts
21Municipal Association; (xvii) small business associations; (xviii) organized labor associations;
22(ix) municipal tree committees; (xx) officials from the department of conservation and
23recreation, the department of environmental protection, and the department of transportation;
24(xxi) agricultural high schools; (xxii) federally recognized and state acknowledged tribes within
25the commonwealth; and (xxiii) the University of Massachusetts Amherst Center for Agriculture,
26Food, and the Environment. At least one member of the advisory council shall have a
27background in ecology and knowledge of native trees in urban settings.
28 (b) (1) The secretary shall convene the council to provide advice and technical assistance
29to participating municipalities, tree-planting organizations, municipal arborists, state foresters,
30gas and electric companies, and the department of transportation to ensure sufficient technical
31and ecological expertise and oversight in the implementation of the municipal reforestation
32program, pursuant to chapter 21P. The council shall use science-based guidelines to determine 3 of 13
33urban tree canopy cover, for siting trees and to determine optimum native tree species to ensure
34adequate root development and to achieve maximum reduction in consumer energy demand and
35removal of greenhouse gas emissions while causing minimal disruption to public infrastructure.
36The council shall develop guidelines to the secretary for approving plans submitted by
37municipalities pursuant to chapter 21P, and shall advise the secretary on the merits of such plans,
38including recommendations for improvement and approval. The council shall develop and
39disseminate model tree retention ordinances and by-laws and other model ordinances and by-
40laws that result in the preservation and expansion of tree canopy and make them available to
41public on the website of the executive office of energy and environmental affairs. The secretary
42shall provide such resources, expertise, and administrative support as necessary for the advisory
43council to carry out its duties and responsibilities.
44 (2) The technical advice provided by the advisory council shall include, but is not limited
45to: (i) approved tree lists, prioritizing the use of hardy, noninvasive and native tree species that
46can thrive in the urban environment and the changing climate, and native tree species and their
47cultivars that are most beneficial to local pollinator and bird species; (ii) specifications for
48planting, installation, and maintenance, including guidelines for planting trees, size and species
49of trees, soil volume and supplements, and minimum distances between newly planted trees and
50existing infrastructure, including utility infrastructure; (iii) instructions for sufficient watering
51and for long-term maintenance to be provided by recipients of trees to ensure survival of such
52trees; (iv) technical planning assistance to municipalities and tree-planting organizations; (v)
53procedures for inspection and quality control, including inspection for pests and diseases; (vi)
54procedures for monitoring and collecting data on tree health and survival; (vii) procedures for
55collecting data on energy conservation and climate mitigation benefits from the municipal 4 of 13
56reforestation program; (viii) recommendations for workforce development and job training
57programs on planting, maintenance, and preservation of urban forests, including collaboration
58with secondary and higher education vocational programs; and (ix) any other technical advice as
59required by the secretary, in consultation with the department of environmental protection, the
60department of conservation and recreation, the department of public utilities, and the department
61of transportation.
62 (c) The secretary and the urban forest advisory council, in consultation with the
63department of environmental protection shall develop quantitative and qualitative measures,
64using the best available scientific metrics and technology. for valuing the contribution that an
65urban tree canopy cover makes to: mitigating climate change, including carbon sequestration and
66other reductions of greenhouse gas emissions; energy conservation; reduction of the heat island
67effect; storm water management; drought mitigation; air quality improvement; benefits to human
68health; and ecological benefits to local pollinator and bird species. Such measures may be
69updated as necessary to reflect current scientific research.
70 SECTION 2. The General Laws are hereby amended by inserting after chapter 21O the
71following chapter:-
72 CHAPTER 21P
73 MUNICIPAL REFORESTATION PROGRAM
74 Section 1. (a) As used in this chapter, the following words, unless the context clearly
75requires otherwise, shall have the following meanings:- 5 of 13
76 “Participating municipality”, each municipality in the commonwealth except those with
77both a population of fewer than 10,000 residents and tree canopy cover of at least 60 percent;
78provided, that a municipality with both a population of fewer than 10,000 residents and tree
79canopy cover of at least 60 percent shall have the option to become a participating municipality
80by a majority vote of the city or town council, by a majority vote of the board of selectmen or by
81resolution of its legislative body, as may be appropriate; and provided further, that a federally
82recognized or state acknowledged tribe within the commonwealth shall have the option to be
83considered a participating municipality by a majority vote of its tribal council or by resolution of
84its legislative body, as may be appropriate.
85 “Plan”, the municipal reforestation plan.
86 “Program”, the municipal reforestation program.
87 “Secretary”, the secretary of energy and environmental affairs.
88 “Urban tree canopy cover”, the surface area of the land covered by the combined leaves,
89branches, and trunks of all standing trees in a given area when viewed from above.
90 (b) (1) The secretary, in consultation with the secretary of transportation, shall establish a
91municipal reforestation program to allow participating municipalities access to funding and
92technical assistance to plant and replace trees as well as maintain and preserve healthy trees
93within the borders of their communities.
94 (2) The purpose and goals of the program include, but are not limited to: (i) removing
95carbon dioxide emissions from the transportation sector within the municipalities of the
96commonwealth through carbon sequestration provided by trees; (ii) improving public health by 6 of 13
97mitigating harmful effects of excessive heat and cold; (iii) improving air quality by reducing
98levels of particulate pollution in neighborhoods with low urban tree canopy cover; (iv)
99strengthening climate resilience by strategically incorporating trees into urban green
100infrastructure projects; (v) promoting community, economic, and workforce development by
101incorporating green infrastructure into municipal transportation infrastructure and community
102planning; (vi) recognizing trees as a key state-wide investment in transportation infrastructure
103and workforce development in order to meet the mandates pursuant to chapter 21N; (vii)
104prioritizing the inclusion of green, sustainable infrastructure in the development of transportation
105infrastructure; (viii) prioritizing the expansion and preservation of the urban tree canopy cover in
106environmental justice neighborhoods, including expanding parks and open spaces; (ix) providing
107equitable access to funding for rural and urban neighborhoods for opportunities to develop green
108infrastructure; (x) maintaining the health of newly planted and existing trees in the urban
109environment by providing funding for maintenance and for inspection for invasive pests and
110diseases; (xi) reversing the local decline in biodiversity by planting native trees and their
111cultivars that are essential to the survival and maintenance of local pollinator and bird species
112(xii) prioritizing the expansion and preservation of the urban tree canopy cover in municipalities
113to achieve a tree canopy cover of at least 60 percent, where feasible.
114 Section 2. (a) The urban forest advisory council, pursuant to section 28 of chapter 21A, in
115consultation with the secretary of energy and environmental affairs, the secretary of
116transportation, and the secretary of administration and finance, shall establish a formula for the
117disbursement of funding for the program to each participating municipality in the
118commonwealth. Variables and weighted proportions of the formula shall include, but not be
119limited to: (i) the total number of road mileage within the participating municipality; (ii) the total 7 of 13
120population of the participating municipality; (iii) the total number of employed individuals
121within the borders of the participating municipality; (iv) the number of environmental justice
122criteria the participating municipality meets, as determined by the executive office of energy and
123environmental affairs’ environmental justice policy; and (v) the percentage of urban tree canopy
124cover with a greater weighted calculation provided for neighborhoods within a participating
125municipality having a tree canopy cover of 20 percent or less.
126 (b) All costs incurred by the secretary and the participating municipalities for the
127planning, implementation and maintenance of the program shall be covered by section 3 of this
128act. Funds shall be annually distributed to each municipality, pursuant to said section 3, no later
129than August 1st and shall take effect 3 years following enactment of this act.
130 (c) Each participating municipality shall report annually to the secretary on the status of
131the plan and the projects that were completed within the fiscal year and the plans for the
132following year.
133 Section 3. (a) (1) Each participating municipality shall develop a municipal reforestation
134plan within 3 years following enactment of this of act, appropriate to the size and needs of the
135municipality. In developing a plan, participating municipalities shall follow the guidelines
136developed by the urban forest advisory council established under section 28 of chapter 21A and
137any other guidelines as determined necessary by the secretary. Participating municipalities may
138solicit the technical advice and assistance from: the urban forest advisory council; the department
139of transportation; the department of conservation and recreation; the department of
140environmental protection; nonprofit tree-planting organizations; local environmental,
141sustainability, and pollinator pathway organizations with knowledge of native trees; and 8 of 13
142nonprofit transportation organizations; provided, however that such technical advice and
143assistance is consistent with the guidelines developed by the urban forest advisory council. The
144secretary shall make available other resources as needed by a participating municipality to
145facilitate the development of its plan at no additional cost to the participating municipality. The
146plan created by a participating municipality shall be broken down into projects to be completed
147by the participating municipality and shall follow the project completion prioritization
148requirements of this section.
149 (2) The plan shall include, but not be limited to: (i) an inventory of the participating
150municipality’s existing tree canopy cover, using established scientific protocols for determining
151tree canopy cover, such as geographical information systems; (ii) an analysis to determine the
152optimal sites for planting trees to achieve the goals the program, using established scientific
153protocols for site selection; (iii) the current condition of the tree canopy cover of the
154neighborhood where the projects will be located; (iv) how the tree species proposed to be planted
155are suitable for the specific sites taking into account local environmental conditions and the
156preference for native tree species and their cultivars; (v) the expected benefits from expansion of
157the tree canopy cover on energy consumption, the heat island effect, wind reduction, storm water
158runoff, drought mitigation, and other consequences related to climate change; (vi) the expected
159benefits from expansion of the tree canopy cover on public health; (vii) plans to maintain and
160provide follow-up care following the planting of trees; (viii) plans to engage community
161residents in the planting and maintenance of the trees, including workforce development
162programs; (viiii) the relationship of the project to any municipal vulnerability preparedness
163program; (x) plans to promote the preservation of existing tree canopy; (xi) a timeline for
164completion for each project within the plan while ensuring equitable project prioritization of 9 of 13
165projects for environmental justice neighborhoods when attainable; (xii) certification that tree pits
166are free of methane leaking from gas pipeline infrastructure; and (xiii) any other information as
167may be required by the secretary. Plans shall be submitted to the secretary to be certified
168ensuring the plans meet the required criteria of this section.
169 (3) Trees planted under a certified plan may be planted in public rights of way, public
170parks, and on private residential and commercial property, provided that priority for project
171completion shall be given to: (i) sites in neighborhoods with low tree canopy cover with first
172priority given to sites with less than 20 percent tree canopy cover; (ii) sites in neighborhoods
173with levels of particulate pollutants above the levels determined by the department of
174environmental protection and the department of public health to be hazardous to human health;
175(iii) sites in environmental justice neighborhoods; (iv) neighborhoods that are deemed to be heat
176islands; and (v) locations where passengers wait at public transit stations and bus stops and
177designated cool corridors for walking and bicycling. Second priority shall be given to sites with
178less than 40 percent tree canopy cover. Third priority shall be given to sites with less than 60
179percent tree canopy cover and to sites with any other criteria determined by the secretary, in
180consultation with the department of environmental protection, the department of conservation
181and recreation, and the department of transportation. To achieve optimal tree canopy cover, trees
182may be planted by a participating municipality on private residential and commercial property
183using funds allocated under sections 2 and 3 of this act, provided, however that the cost of
184maintenance for such trees shall be the responsibility of the owner of such property, through
185written agreement between the owner of the property and the participating municipality as a
186condition of such owner receiving the trees. 10 of 13
187 (4) Participating municipalities shall update their plans for recertification every 5 years.
188In order to revise a certified plan prior to the next recertification, a participating municipality
189shall submit the proposed revisions to the executive office of energy and environmental affairs
190for approval and recertification by the secretary. The secretary may seek technical advice for
191reviewing such proposed revisions from the secretary of transportation and the urban forest
192advisory council established under section 28 of chapter 21A.
193 Section 4. (a) Beginning 3 years following the enactment of this act, each participating
194municipality shall annually submit to the secretary for approval a summary of the projects to be
195completed from the participating municipality’s reforestation plan within the next fiscal year and
196a plan for the next 4 fiscal years.
197 (b) The total costs of the projects shall include: (i) the cost of purchasing trees
198appropriate for the selected sites, including trees purchased as part of a purchasing agreement
199pursuant to subsection (c) of this section; (ii) the cost of planting trees; (iii) the cost of preparing
200the sites where trees are to be planted; (iv) the cost of infrastructure to create adequate tree pits
201and planting conditions, including but not limited to, water collection and water retention
202technologies; (v) the cost of making reasonable modifications to adjoining infrastructure; (vi) the
203cost of labor; (vii) the cost of community outreach and recruitment of volunteers, including any
204stipends provided to volunteers who agree to care for public shade trees in their neighborhoods;
205(viii) the cost of necessary machinery used to plant trees; (ix) the cost of maintaining trees
206planted under the plan, including sufficient watering and monitoring of trees planted on public
207rights of way, public parks, and other public property; (x) the cost for subcontractors to perform
208work that the applicant demonstrates to be beyond its capacity to perform; (xi) reasonable
209administrative costs incurred by a participating municipality in planning and implementing the 11 of 13
210project and in follow-up maintenance of the trees; and (xii) other reasonable costs as determined
211by the secretary. Upon the request of a participating municipality and where cost effective, the
212department of conservation and recreation may provide oversight project management for a
213project.
214 (c) Certified projects intending to use funding allocated under subsection (b) of section 2
215of this chapter shall not exceed the participating municipality’s total funding allocation for the
216fiscal year.
217 (d) If a participating municipality submits projects for the fiscal year that exceed the
218participating municipality’s total funding allocation under subsection (b) of section 2 of this
219chapter, the secretary may certify such projects if the participating municipality submits the
220corresponding required financial forms, as determined by the secretary, indicating that the
221participating municipality has the difference of the costs of the projects acquired through cash or
222in-kind contributions from the participating municipality, individuals, nonprofit organizations,
223corporations, or other entities.
224 (e) Funding from public or private sources as authorized by section 9 of chapter 21A may
225be acquired by the secretary to finance projects to expand urban forests and the municipal
226reforestation program. The secretary shall seek any federal funding that is available to support
227urban forests and the municipal reforestation program and the urban forest advisory council shall
228assist municipalities, nonprofit organizations, regional planning agencies, and other eligible
229entities in identifying and applying for any federal funding that is available to support urban
230forests and the municipal reforestation program. 12 of 13
231 (f) Participating municipalities, when feasible, shall prioritize purchasing trees that are
232planted for projects financed under their municipal reforestation plans from nurseries located in
233the commonwealth. A participating municipality may enter into a purchasing agreement with
234another participating municipality, a regional group of participating municipalities, a regional
235planning agency, or with the department of conservation and recreation to purchase in bulk trees
236to be planted under their municipal reforestation plans and other tree planting programs under the
237authority of the department of conservation and recreation; provided, however, that the trees
238purchased through any agreement come at a reduced cost for all entities.
239 (g) A participating municipality may enter into an agreement with another participating
240municipality, a regional group of participating municipalities, or a regional planning agency to
241jointly develop and implement their municipal reforestation plans, including sharing personnel or
242equipment or jointly contracting with another entity to perform work that the participating
243municipalities demonstrate to be beyond their capacity to perform.
244 Section 5. The secretary shall report annually, no later than October 1, on the results
245achieved by the municipal reforestation program to the governor and to the clerks of the house of
246representatives and the senate, who shall forward such report to the president of the senate, the
247speaker of the house of representatives, and the chairs of the house and senate committees on
248ways and means.
249 Section 6. The secretary may promulgate such rules and regulations as are necessary to
250administer this chapter.
251 SECTION 3. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition,
252is hereby amended by inserting after section 2QQQQQ the following section:- 13 of 13
253 Section 2RRRRR. There shall be established and set up on the books of the
254commonwealth a separate fund, to be known as the Municipal Reforestation Trust Fund, to be
255expended, without further appropriation, by the secretary of energy and environmental affairs for
256the municipal reforestation program established in chapter 21P and the urban forest advisory
257council established in section 28 of chapter 21A. The trust fund shall be credited with: (i) any
258appropriations, bond proceeds or other monies authorized by the general court and specifically
259designated to be credited thereto; (ii) funds from public and private sources and other gifts,
260grants and donations; and (iii) any income derived from the investment of amounts credited to
261the trust fund. All amounts credited to the trust fund shall be held in trust and used solely for
262activities and expenditures consistent with the public purpose of the trust fund and the ordinary
263and necessary expenses of administration and operation associated with the trust fund. All
264available monies in the trust fund that are unexpended at the end of each fiscal year shall not
265revert to the General Fund, shall be available for expenditure in the subsequent fiscal year, and
266shall not be subject to section 5C.