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SENATE DOCKET, NO. 2204 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 488
The Commonwealth of Massachusetts
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PRESENTED BY:
Paul R. Feeney
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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 creating the outdoor recreation program.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and NorfolkJoanne M. ComerfordHampshire, Franklin and Worcester1/26/2023Thomas M. Stanley9th Middlesex2/2/2023Sal N. DiDomenicoMiddlesex and Suffolk2/3/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/6/2023Julian CyrCape and Islands2/9/2023James B. EldridgeMiddlesex and Worcester2/13/2023Kay Khan11th Middlesex2/16/2023Adam GomezHampden2/22/2023 1 of 5
SENATE DOCKET, NO. 2204 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 488
By Mr. Feeney, a petition (accompanied by bill, Senate, No. 488) of Paul R. Feeney, Joanne M.
Comerford, Thomas M. Stanley, Sal N. DiDomenico and other members of the General Court for
legislation to create the outdoor recreation program. 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 creating the outdoor recreation 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 Chapter 131 of the General Laws is hereby amended by inserting after section 2C the
2following section: -
3 Section 2D. (a) As used in this section, the following terms shall have the following
4meanings unless the context clearly requires otherwise:
5 “Equity,” the consistent and systematic fair, just, and impartial treatment of all
6individuals, including individuals who belong to underserved communities that have been denied
7such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian
8Americans and Pacific Islanders and other persons of color; members of religious minorities;
9lesbian, gay, bisexual, transgender, and queer persons; persons with disabilities; persons who live
10in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.
11 “Underserved communities,” populations sharing a particular characteristic, as well as
12geographic communities, that have been systematically denied a full opportunity to participate in 2 of 5
13aspects of economic, social, and civic life, as exemplified by the definition, “equity” in this
14chapter, and shall include environmental justice populations as defined by the Massachusetts
15Executive Office of Energy and Environmental Affairs.
16 ''Recreation agency'', the commonwealth, or any subdivision thereof, or any municipality,
17regional planning agency, community development corporation, or nonprofit organization
18organized for the purposes of public recreation or the conservation, creation, preservation, and
19restoration of natural resources, which is authorized to do business in the commonwealth, and
20which has tax-exempt status as a nonprofit charitable organization as described in Section
21501(c)(3) of the Internal Revenue Code of 1986, as amended.
22 “Recreational use”, active or passive recreational use including, but not limited to,
23activities that take place predominantly in a natural environment or a natural physical landscape,
24including activities that are dependent on trails, natural landscapes, waters, and snow;
25community gardens; and parks and nature-based playgrounds. Recreational use shall not include
26horse racing or indoor stadiums, gymnasiums, or similar structures.
27 “Sporting goods”, defined under the North American Industry Classification Code
28451110, sporting goods stores, for the most recent year that such data is available.
29 “Sporting goods sales tax revenue amount,” all sales tax revenue received by the
30commonwealth from the sale of sporting goods, as defined by Section 2(D)(a).
31 (b) There is hereby established and set up on the books of the commonwealth a separate
32fund, to be known as the outdoor recreation trust fund. The fund shall be administered by the
33Massachusetts office of outdoor recreation to provide grants for recreational use programs, 3 of 5
34planning, and projects. There shall be credited to the fund the dedicated sporting goods sales tax
35revenue amount.
36 (c) All sporting goods sales tax revenue shall be automatically credited by the state
37treasurer to the outdoor recreation trust fund. The trust fund may accept public and private gifts,
38grants and donations to further the purposes of this chapter; and any other monies credited to or
39transferred from any other source pursuant to state law.
40 (d) All revenues credited under this chapter shall remain in the outdoor recreation trust
41fund, including unexpended balances remaining at the end of each fiscal year, for the sole
42purposes of operating the Massachusetts office of outdoor recreation. The state treasurer shall not
43deposit said revenues in or transfer said revenues to the General Fund or any other fund other
44than the outdoor recreation trust fund. The state treasurer shall secure the highest interest rate
45available for monies deposited in the outdoor recreation trust fund; and shall require that all
46amounts deposited shall be available for withdrawal without penalty. All interest accrued and
47earnings shall be deposited into the fund.
48 (e) Any expenses needed to administer the trust fund shall be considered operating
49expenses and shall not exceed five percent of the annual total revenue received into the outdoor
50recreation trust fund.
51 (f) The commissioner of the department of revenue shall annually report to the public by
52source all amounts credited to said trust fund and all expenditures from said trust fund.
53 (g) There is hereby established an outdoor recreation program administered by the office
54of outdoor recreation within the executive office of energy and environmental affairs that shall
55annually create and implement an outdoor recreation grant program funded by the outdoor 4 of 5
56recreation trust fund to be used for the benefit of the public and dedicated to enhancing and
57expanding outdoor recreational use and growing the outdoor recreation economy. Monies from
58the outdoor recreation trust fund shall be made available in each fiscal year for the outdoor
59recreation program, planning and project grants.
60 (h) Grants shall cover costs associated with grant administration; planning, creating, and
61improving, outdoor recreational amenities; and for the acquisition, conservation, creation,
62preservation, improvement, and restoration of natural resources for recreational use; and to
63enhance public access to recreational opportunities. Grants shall only be made to a recreation
64agency, as defined by Section 2(D)(a).
65 (i) In expending amounts credited to the fund, priority consideration shall be given to
66benefit underserved communities for the benefit of underserved communities as defined by
67Section 2D of this chapter.
68 (j) Projects that receive funding under this chapter shall allow for public access and use,
69unless otherwise prohibited by applicable law.
70 (k) The trust fund shall not award grants for horse racing or the use of natural resources
71for a stadium, gymnasium, or similar indoor structure. Funds shall not be used for maintenance
72of recreational facilities. The use of grants to install artificial turf shall be prohibited from this
73grant program.
74 (l) The secretary of energy and environmental affairs shall promulgate rules and
75regulations to implement this chapter and assign personnel to manage outdoor recreation
76program grants within the Massachusetts office of outdoor recreation. 5 of 5
77 (m) This act shall become effective 120 days after passage.