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Massachusetts Senate Bill S452

Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S452 Compare Versions

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22 SENATE DOCKET, NO. 1214 FILED ON: 1/19/2023
33 SENATE . . . . . . . . . . . . . . No. 452
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Cynthia Stone Creem
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act establishing the Municipal Reforestation Program.
1313 _______________
1414 PETITION OF:
1515 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
1616 SENATE DOCKET, NO. 1214 FILED ON: 1/19/2023
1717 SENATE . . . . . . . . . . . . . . No. 452
1818 By Ms. Creem, a petition (accompanied by bill, Senate, No. 452) of Cynthia Stone Creem,
1919 Patrick M. O'Connor, Steven Owens, Jack Patrick Lewis and other members of the General
2020 Court for legislation to establish the municipal reforestation program. Environment and Natural
2121 Resources.
2222 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2323 SEE SENATE, NO. 504 OF 2021-2022.]
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Third General Court
2727 (2023-2024)
2828 _______________
2929 An Act establishing the Municipal Reforestation Program.
3030 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3131 of the same, as follows:
3232 1 SECTION 1. Chapter 21A of the General Laws, as appearing in the 2020 Official
3333 2Edition, is hereby amended by adding the following section:-
3434 3 Section 28. (a) There shall be established an advisory council under the executive office
3535 4of energy and environmental affairs, known as the urban forest advisory council. Members shall
3636 5be appointed by the secretary from public, private, and nongovernmental organizations with
3737 6expertise in urban forestry, ecology, arboriculture, landscape architecture, green infrastructure,
3838 7demand-side energy efficiency management, and climate change resilience and mitigation. Such
3939 8members may include representatives from the following: (i) municipal arboriculture or tree
4040 9warden associations; (ii) arboriculture or nursery industry associations; (iii) urban landscape 2 of 13
4141 10architecture associations; (iv) demand-side energy efficiency management organizations; (v)
4242 11green infrastructure and climate change resilience and mitigation organizations; (vi) nonprofit
4343 12organizations with experience in planting trees; (vii) environmental organizations with expertise
4444 13in energy conservation, energy efficiency, or green infrastructure building practices; (viii) local
4545 14affordable housing or community development organizations; (ix) workforce development
4646 15programs; (x) municipal departments of public works responsible for roads, water mains, sewers,
4747 16and utility infrastructure; (xi) researchers with expertise in data collection related to natural
4848 17resources, energy management, and climate change indicators; (xii) gas companies; (xiii) electric
4949 18distribution companies; (xiv) nonprofit transportation organizations with expertise in clean
5050 19transportation; (xv) nonprofit organizations with expertise in municipal finance; (xvi) the
5151 20Metropolitan Area Planning Council, other regional planning agencies, and the Massachusetts
5252 21Municipal Association; (xvii) small business associations; (xviii) organized labor associations;
5353 22(ix) municipal tree committees; (xx) officials from the department of conservation and
5454 23recreation, the department of environmental protection, and the department of transportation;
5555 24(xxi) agricultural high schools; (xxii) federally recognized and state acknowledged tribes within
5656 25the commonwealth; and (xxiii) the University of Massachusetts Amherst Center for Agriculture,
5757 26Food, and the Environment. At least one member of the advisory council shall have a
5858 27background in ecology and knowledge of native trees in urban settings.
5959 28 (b) (1) The secretary shall convene the council to provide advice and technical assistance
6060 29to participating municipalities, tree-planting organizations, municipal arborists, state foresters,
6161 30gas and electric companies, and the department of transportation to ensure sufficient technical
6262 31and ecological expertise and oversight in the implementation of the municipal reforestation
6363 32program, pursuant to chapter 21P. The council shall use science-based guidelines to determine 3 of 13
6464 33urban tree canopy cover, for siting trees and to determine optimum native tree species to ensure
6565 34adequate root development and to achieve maximum reduction in consumer energy demand and
6666 35removal of greenhouse gas emissions while causing minimal disruption to public infrastructure.
6767 36The council shall develop guidelines to the secretary for approving plans submitted by
6868 37municipalities pursuant to chapter 21P, and shall advise the secretary on the merits of such plans,
6969 38including recommendations for improvement and approval. The council shall develop and
7070 39disseminate model tree retention ordinances and by-laws and other model ordinances and by-
7171 40laws that result in the preservation and expansion of tree canopy and make them available to
7272 41public on the website of the executive office of energy and environmental affairs. The secretary
7373 42shall provide such resources, expertise, and administrative support as necessary for the advisory
7474 43council to carry out its duties and responsibilities.
7575 44 (2) The technical advice provided by the advisory council shall include, but is not limited
7676 45to: (i) approved tree lists, prioritizing the use of hardy, noninvasive and native tree species that
7777 46can thrive in the urban environment and the changing climate, and native tree species and their
7878 47cultivars that are most beneficial to local pollinator and bird species; (ii) specifications for
7979 48planting, installation, and maintenance, including guidelines for planting trees, size and species
8080 49of trees, soil volume and supplements, and minimum distances between newly planted trees and
8181 50existing infrastructure, including utility infrastructure; (iii) instructions for sufficient watering
8282 51and for long-term maintenance to be provided by recipients of trees to ensure survival of such
8383 52trees; (iv) technical planning assistance to municipalities and tree-planting organizations; (v)
8484 53procedures for inspection and quality control, including inspection for pests and diseases; (vi)
8585 54procedures for monitoring and collecting data on tree health and survival; (vii) procedures for
8686 55collecting data on energy conservation and climate mitigation benefits from the municipal 4 of 13
8787 56reforestation program; (viii) recommendations for workforce development and job training
8888 57programs on planting, maintenance, and preservation of urban forests, including collaboration
8989 58with secondary and higher education vocational programs; and (ix) any other technical advice as
9090 59required by the secretary, in consultation with the department of environmental protection, the
9191 60department of conservation and recreation, the department of public utilities, and the department
9292 61of transportation.
9393 62 (c) The secretary and the urban forest advisory council, in consultation with the
9494 63department of environmental protection shall develop quantitative and qualitative measures,
9595 64using the best available scientific metrics and technology. for valuing the contribution that an
9696 65urban tree canopy cover makes to: mitigating climate change, including carbon sequestration and
9797 66other reductions of greenhouse gas emissions; energy conservation; reduction of the heat island
9898 67effect; storm water management; drought mitigation; air quality improvement; benefits to human
9999 68health; and ecological benefits to local pollinator and bird species. Such measures may be
100100 69updated as necessary to reflect current scientific research.
101101 70 SECTION 2. The General Laws are hereby amended by inserting after chapter 21O the
102102 71following chapter:-
103103 72 CHAPTER 21P
104104 73 MUNICIPAL REFORESTATION PROGRAM
105105 74 Section 1. (a) As used in this chapter, the following words, unless the context clearly
106106 75requires otherwise, shall have the following meanings:- 5 of 13
107107 76 “Participating municipality”, each municipality in the commonwealth except those with
108108 77both a population of fewer than 10,000 residents and tree canopy cover of at least 60 percent;
109109 78provided, that a municipality with both a population of fewer than 10,000 residents and tree
110110 79canopy cover of at least 60 percent shall have the option to become a participating municipality
111111 80by a majority vote of the city or town council, by a majority vote of the board of selectmen or by
112112 81resolution of its legislative body, as may be appropriate; and provided further, that a federally
113113 82recognized or state acknowledged tribe within the commonwealth shall have the option to be
114114 83considered a participating municipality by a majority vote of its tribal council or by resolution of
115115 84its legislative body, as may be appropriate.
116116 85 “Plan”, the municipal reforestation plan.
117117 86 “Program”, the municipal reforestation program.
118118 87 “Secretary”, the secretary of energy and environmental affairs.
119119 88 “Urban tree canopy cover”, the surface area of the land covered by the combined leaves,
120120 89branches, and trunks of all standing trees in a given area when viewed from above.
121121 90 (b) (1) The secretary, in consultation with the secretary of transportation, shall establish a
122122 91municipal reforestation program to allow participating municipalities access to funding and
123123 92technical assistance to plant and replace trees as well as maintain and preserve healthy trees
124124 93within the borders of their communities.
125125 94 (2) The purpose and goals of the program include, but are not limited to: (i) removing
126126 95carbon dioxide emissions from the transportation sector within the municipalities of the
127127 96commonwealth through carbon sequestration provided by trees; (ii) improving public health by 6 of 13
128128 97mitigating harmful effects of excessive heat and cold; (iii) improving air quality by reducing
129129 98levels of particulate pollution in neighborhoods with low urban tree canopy cover; (iv)
130130 99strengthening climate resilience by strategically incorporating trees into urban green
131131 100infrastructure projects; (v) promoting community, economic, and workforce development by
132132 101incorporating green infrastructure into municipal transportation infrastructure and community
133133 102planning; (vi) recognizing trees as a key state-wide investment in transportation infrastructure
134134 103and workforce development in order to meet the mandates pursuant to chapter 21N; (vii)
135135 104prioritizing the inclusion of green, sustainable infrastructure in the development of transportation
136136 105infrastructure; (viii) prioritizing the expansion and preservation of the urban tree canopy cover in
137137 106environmental justice neighborhoods, including expanding parks and open spaces; (ix) providing
138138 107equitable access to funding for rural and urban neighborhoods for opportunities to develop green
139139 108infrastructure; (x) maintaining the health of newly planted and existing trees in the urban
140140 109environment by providing funding for maintenance and for inspection for invasive pests and
141141 110diseases; (xi) reversing the local decline in biodiversity by planting native trees and their
142142 111cultivars that are essential to the survival and maintenance of local pollinator and bird species
143143 112(xii) prioritizing the expansion and preservation of the urban tree canopy cover in municipalities
144144 113to achieve a tree canopy cover of at least 60 percent, where feasible.
145145 114 Section 2. (a) The urban forest advisory council, pursuant to section 28 of chapter 21A, in
146146 115consultation with the secretary of energy and environmental affairs, the secretary of
147147 116transportation, and the secretary of administration and finance, shall establish a formula for the
148148 117disbursement of funding for the program to each participating municipality in the
149149 118commonwealth. Variables and weighted proportions of the formula shall include, but not be
150150 119limited to: (i) the total number of road mileage within the participating municipality; (ii) the total 7 of 13
151151 120population of the participating municipality; (iii) the total number of employed individuals
152152 121within the borders of the participating municipality; (iv) the number of environmental justice
153153 122criteria the participating municipality meets, as determined by the executive office of energy and
154154 123environmental affairs’ environmental justice policy; and (v) the percentage of urban tree canopy
155155 124cover with a greater weighted calculation provided for neighborhoods within a participating
156156 125municipality having a tree canopy cover of 20 percent or less.
157157 126 (b) All costs incurred by the secretary and the participating municipalities for the
158158 127planning, implementation and maintenance of the program shall be covered by section 3 of this
159159 128act. Funds shall be annually distributed to each municipality, pursuant to said section 3, no later
160160 129than August 1st and shall take effect 3 years following enactment of this act.
161161 130 (c) Each participating municipality shall report annually to the secretary on the status of
162162 131the plan and the projects that were completed within the fiscal year and the plans for the
163163 132following year.
164164 133 Section 3. (a) (1) Each participating municipality shall develop a municipal reforestation
165165 134plan within 3 years following enactment of this of act, appropriate to the size and needs of the
166166 135municipality. In developing a plan, participating municipalities shall follow the guidelines
167167 136developed by the urban forest advisory council established under section 28 of chapter 21A and
168168 137any other guidelines as determined necessary by the secretary. Participating municipalities may
169169 138solicit the technical advice and assistance from: the urban forest advisory council; the department
170170 139of transportation; the department of conservation and recreation; the department of
171171 140environmental protection; nonprofit tree-planting organizations; local environmental,
172172 141sustainability, and pollinator pathway organizations with knowledge of native trees; and 8 of 13
173173 142nonprofit transportation organizations; provided, however that such technical advice and
174174 143assistance is consistent with the guidelines developed by the urban forest advisory council. The
175175 144secretary shall make available other resources as needed by a participating municipality to
176176 145facilitate the development of its plan at no additional cost to the participating municipality. The
177177 146plan created by a participating municipality shall be broken down into projects to be completed
178178 147by the participating municipality and shall follow the project completion prioritization
179179 148requirements of this section.
180180 149 (2) The plan shall include, but not be limited to: (i) an inventory of the participating
181181 150municipality’s existing tree canopy cover, using established scientific protocols for determining
182182 151tree canopy cover, such as geographical information systems; (ii) an analysis to determine the
183183 152optimal sites for planting trees to achieve the goals the program, using established scientific
184184 153protocols for site selection; (iii) the current condition of the tree canopy cover of the
185185 154neighborhood where the projects will be located; (iv) how the tree species proposed to be planted
186186 155are suitable for the specific sites taking into account local environmental conditions and the
187187 156preference for native tree species and their cultivars; (v) the expected benefits from expansion of
188188 157the tree canopy cover on energy consumption, the heat island effect, wind reduction, storm water
189189 158runoff, drought mitigation, and other consequences related to climate change; (vi) the expected
190190 159benefits from expansion of the tree canopy cover on public health; (vii) plans to maintain and
191191 160provide follow-up care following the planting of trees; (viii) plans to engage community
192192 161residents in the planting and maintenance of the trees, including workforce development
193193 162programs; (viiii) the relationship of the project to any municipal vulnerability preparedness
194194 163program; (x) plans to promote the preservation of existing tree canopy; (xi) a timeline for
195195 164completion for each project within the plan while ensuring equitable project prioritization of 9 of 13
196196 165projects for environmental justice neighborhoods when attainable; (xii) certification that tree pits
197197 166are free of methane leaking from gas pipeline infrastructure; and (xiii) any other information as
198198 167may be required by the secretary. Plans shall be submitted to the secretary to be certified
199199 168ensuring the plans meet the required criteria of this section.
200200 169 (3) Trees planted under a certified plan may be planted in public rights of way, public
201201 170parks, and on private residential and commercial property, provided that priority for project
202202 171completion shall be given to: (i) sites in neighborhoods with low tree canopy cover with first
203203 172priority given to sites with less than 20 percent tree canopy cover; (ii) sites in neighborhoods
204204 173with levels of particulate pollutants above the levels determined by the department of
205205 174environmental protection and the department of public health to be hazardous to human health;
206206 175(iii) sites in environmental justice neighborhoods; (iv) neighborhoods that are deemed to be heat
207207 176islands; and (v) locations where passengers wait at public transit stations and bus stops and
208208 177designated cool corridors for walking and bicycling. Second priority shall be given to sites with
209209 178less than 40 percent tree canopy cover. Third priority shall be given to sites with less than 60
210210 179percent tree canopy cover and to sites with any other criteria determined by the secretary, in
211211 180consultation with the department of environmental protection, the department of conservation
212212 181and recreation, and the department of transportation. To achieve optimal tree canopy cover, trees
213213 182may be planted by a participating municipality on private residential and commercial property
214214 183using funds allocated under sections 2 and 3 of this act, provided, however that the cost of
215215 184maintenance for such trees shall be the responsibility of the owner of such property, through
216216 185written agreement between the owner of the property and the participating municipality as a
217217 186condition of such owner receiving the trees. 10 of 13
218218 187 (4) Participating municipalities shall update their plans for recertification every 5 years.
219219 188In order to revise a certified plan prior to the next recertification, a participating municipality
220220 189shall submit the proposed revisions to the executive office of energy and environmental affairs
221221 190for approval and recertification by the secretary. The secretary may seek technical advice for
222222 191reviewing such proposed revisions from the secretary of transportation and the urban forest
223223 192advisory council established under section 28 of chapter 21A.
224224 193 Section 4. (a) Beginning 3 years following the enactment of this act, each participating
225225 194municipality shall annually submit to the secretary for approval a summary of the projects to be
226226 195completed from the participating municipality’s reforestation plan within the next fiscal year and
227227 196a plan for the next 4 fiscal years.
228228 197 (b) The total costs of the projects shall include: (i) the cost of purchasing trees
229229 198appropriate for the selected sites, including trees purchased as part of a purchasing agreement
230230 199pursuant to subsection (c) of this section; (ii) the cost of planting trees; (iii) the cost of preparing
231231 200the sites where trees are to be planted; (iv) the cost of infrastructure to create adequate tree pits
232232 201and planting conditions, including but not limited to, water collection and water retention
233233 202technologies; (v) the cost of making reasonable modifications to adjoining infrastructure; (vi) the
234234 203cost of labor; (vii) the cost of community outreach and recruitment of volunteers, including any
235235 204stipends provided to volunteers who agree to care for public shade trees in their neighborhoods;
236236 205(viii) the cost of necessary machinery used to plant trees; (ix) the cost of maintaining trees
237237 206planted under the plan, including sufficient watering and monitoring of trees planted on public
238238 207rights of way, public parks, and other public property; (x) the cost for subcontractors to perform
239239 208work that the applicant demonstrates to be beyond its capacity to perform; (xi) reasonable
240240 209administrative costs incurred by a participating municipality in planning and implementing the 11 of 13
241241 210project and in follow-up maintenance of the trees; and (xii) other reasonable costs as determined
242242 211by the secretary. Upon the request of a participating municipality and where cost effective, the
243243 212department of conservation and recreation may provide oversight project management for a
244244 213project.
245245 214 (c) Certified projects intending to use funding allocated under subsection (b) of section 2
246246 215of this chapter shall not exceed the participating municipality’s total funding allocation for the
247247 216fiscal year.
248248 217 (d) If a participating municipality submits projects for the fiscal year that exceed the
249249 218participating municipality’s total funding allocation under subsection (b) of section 2 of this
250250 219chapter, the secretary may certify such projects if the participating municipality submits the
251251 220corresponding required financial forms, as determined by the secretary, indicating that the
252252 221participating municipality has the difference of the costs of the projects acquired through cash or
253253 222in-kind contributions from the participating municipality, individuals, nonprofit organizations,
254254 223corporations, or other entities.
255255 224 (e) Funding from public or private sources as authorized by section 9 of chapter 21A may
256256 225be acquired by the secretary to finance projects to expand urban forests and the municipal
257257 226reforestation program. The secretary shall seek any federal funding that is available to support
258258 227urban forests and the municipal reforestation program and the urban forest advisory council shall
259259 228assist municipalities, nonprofit organizations, regional planning agencies, and other eligible
260260 229entities in identifying and applying for any federal funding that is available to support urban
261261 230forests and the municipal reforestation program. 12 of 13
262262 231 (f) Participating municipalities, when feasible, shall prioritize purchasing trees that are
263263 232planted for projects financed under their municipal reforestation plans from nurseries located in
264264 233the commonwealth. A participating municipality may enter into a purchasing agreement with
265265 234another participating municipality, a regional group of participating municipalities, a regional
266266 235planning agency, or with the department of conservation and recreation to purchase in bulk trees
267267 236to be planted under their municipal reforestation plans and other tree planting programs under the
268268 237authority of the department of conservation and recreation; provided, however, that the trees
269269 238purchased through any agreement come at a reduced cost for all entities.
270270 239 (g) A participating municipality may enter into an agreement with another participating
271271 240municipality, a regional group of participating municipalities, or a regional planning agency to
272272 241jointly develop and implement their municipal reforestation plans, including sharing personnel or
273273 242equipment or jointly contracting with another entity to perform work that the participating
274274 243municipalities demonstrate to be beyond their capacity to perform.
275275 244 Section 5. The secretary shall report annually, no later than October 1, on the results
276276 245achieved by the municipal reforestation program to the governor and to the clerks of the house of
277277 246representatives and the senate, who shall forward such report to the president of the senate, the
278278 247speaker of the house of representatives, and the chairs of the house and senate committees on
279279 248ways and means.
280280 249 Section 6. The secretary may promulgate such rules and regulations as are necessary to
281281 250administer this chapter.
282282 251 SECTION 3. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition,
283283 252is hereby amended by inserting after section 2QQQQQ the following section:- 13 of 13
284284 253 Section 2RRRRR. There shall be established and set up on the books of the
285285 254commonwealth a separate fund, to be known as the Municipal Reforestation Trust Fund, to be
286286 255expended, without further appropriation, by the secretary of energy and environmental affairs for
287287 256the municipal reforestation program established in chapter 21P and the urban forest advisory
288288 257council established in section 28 of chapter 21A. The trust fund shall be credited with: (i) any
289289 258appropriations, bond proceeds or other monies authorized by the general court and specifically
290290 259designated to be credited thereto; (ii) funds from public and private sources and other gifts,
291291 260grants and donations; and (iii) any income derived from the investment of amounts credited to
292292 261the trust fund. All amounts credited to the trust fund shall be held in trust and used solely for
293293 262activities and expenditures consistent with the public purpose of the trust fund and the ordinary
294294 263and necessary expenses of administration and operation associated with the trust fund. All
295295 264available monies in the trust fund that are unexpended at the end of each fiscal year shall not
296296 265revert to the General Fund, shall be available for expenditure in the subsequent fiscal year, and
297297 266shall not be subject to section 5C.