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2 | 2 | | SENATE DOCKET, NO. 955 FILED ON: 1/18/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 456 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Brendan P. Crighton |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to facilitate climate resiliency. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Brendan P. CrightonThird EssexAngelo J. Puppolo, Jr.12th Hampden1/27/2023Marc R. PachecoThird Bristol and Plymouth1/27/2023Jack Patrick Lewis7th Middlesex1/30/2023Michael O. MooreSecond Worcester2/8/2023Mathew J. Muratore1st Plymouth2/24/2023Julian CyrCape and Islands2/24/2023James B. EldridgeMiddlesex and Worcester3/6/2023 1 of 2 |
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16 | 16 | | SENATE DOCKET, NO. 955 FILED ON: 1/18/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 456 |
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18 | 18 | | By Mr. Crighton, a petition (accompanied by bill, Senate, No. 456) of Brendan P. Crighton, |
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19 | 19 | | Angelo J. Puppolo, Jr., Marc R. Pacheco, Jack Patrick Lewis and other members of the General |
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20 | 20 | | Court for legislation to facilitate climate resiliency. Environment and Natural Resources. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act to facilitate climate resiliency. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Section 18C(a) of Chapter 91 of the General Laws, as appearing in the 2020 |
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30 | 30 | | 2Official Edition, is hereby amended in line 9 by striking out the word “section” and replacing it |
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31 | 31 | | 3with the word “subsection”. |
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32 | 32 | | 4 SECTION 2. Said section is hereby further amended by inserting after subsection (k) the |
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33 | 33 | | 5following section: “(l) Notwithstanding any general or special law to the contrary, the |
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34 | 34 | | 6department shall issue a general license authorizing any publicly beneficial climate resiliency |
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35 | 35 | | 7project that is designated by a conservation commission, selectmen or mayor under MGL c.131 |
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36 | 36 | | 8S. 40.” |
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37 | 37 | | 9 SECTION 3. Section 40 of Chapter 131 of the General Laws, as appearing in the 2020 |
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38 | 38 | | 10Official Edition, is hereby amended by adding in the first paragraph, prior to the word “electric”, |
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39 | 39 | | 11the words “climate resiliency protection”. 2 of 2 |
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40 | 40 | | 12 SECTION 4. Said section, as so appearing, is hereby further amended in line 231 by |
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41 | 41 | | 13inserting after the words “coastal engineering structures,” the following words:- “climate |
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42 | 42 | | 14resiliency protection projects,” |
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43 | 43 | | 15 SECTION 5. Said section is hereby further amended in line 270 by inserting the |
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44 | 44 | | 16following after the word “therewithin”:- “In the case of a publicly beneficial climate resiliency |
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45 | 45 | | 17project in support of flood control and storm damage prevention, where temporary or permanent |
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46 | 46 | | 18loss of a resource area and/or the conversion of one resource area to another is necessary to the |
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47 | 47 | | 19achievement of the project’s resiliency goals, such conditions shall not include a requirement to |
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48 | 48 | | 20minimize or mitigate through replication the loss of resource areas. Projects designated by the |
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49 | 49 | | 21conservation commission, selectmen, or mayor as publicly beneficial climate resiliency projects |
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50 | 50 | | 22shall be eligible for a general permit under a procedure to be established by the Department |
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51 | 51 | | 23paralleling that available for ecological restoration projects.” |
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