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SENATE DOCKET, NO. 896 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 506
The Commonwealth of Massachusetts
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PRESENTED BY:
Anne M. Gobi
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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 relative to offshore wind and wildlife habitat management.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Anne M. GobiWorcester and HampshireAngelo J. Puppolo, Jr.12th Hampden1/30/2023Marc R. PachecoThird Bristol and Plymouth1/30/2023Michael O. MooreSecond Worcester2/2/2023Lindsay N. Sabadosa1st Hampshire2/14/2023Mathew J. Muratore1st Plymouth2/23/2023James B. EldridgeMiddlesex and Worcester3/6/2023 1 of 3
SENATE DOCKET, NO. 896 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 506
By Ms. Gobi, a petition (accompanied by bill, Senate, No. 506) of Anne M. Gobi, Angelo J.
Puppolo, Jr., Marc R. Pacheco, Michael O. Moore and other members of the General Court for
legislation relative to offshore wind and wildlife habitat management. 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 relative to offshore wind and wildlife habitat management.
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 so appearing in the 2022 Official
2Edition, is hereby amended by inserting after section 4A the following section:
3 Section 4A½. The secretary of the executive office of energy and environmental affairs
4shall establish an advisory council on offshore wind wildlife habitat management, hereinafter
5advisory council. The advisory council shall be comprised of experts and stakeholders in
6wildlife monitoring and protection, representation from both federally recognized tribes in the
7commonwealth, and relevant state and federal agencies.
8 The advisory council shall provide input to the office of coastal zone management on best
9practices for avoiding, minimizing and mitigating impacts to wildlife, including, but not limited
10to, threatened or endangered species such as North Atlantic right whales, coastal and marine
11habitats, natural resources and ecosystems, and traditional or existing water-dependent uses, by: 2 of 3
12a) establishing baseline standards for monitoring and mitigation plans required by sections
1383(e)(1)(v)(H) and 83C(e)(1)(v)(I) of chapter 169 of the acts of 2008; b) advising on and
14monitoring the expenditure of funds raised through any long-term contracts dedicated for
15wildlife monitoring and mitigation; and c) conducting an ongoing review of implemented
16monitoring and mitigation programs and provide feedback and recommendations on an as-
17needed basis, to be considered by the office. Pre-construction engagement of the advisory
18council shall correspond with project development, solicitation and permitting and a process to
19determine federal consistency with approved coastal management programs.
20 SECTION 2. Clause (v) of subsection (e)(1) of section 83C of chapter 169 of the acts of
212008, as most recently amended by section 61 of chapter 179 of the acts of 2022, is hereby
22amended by striking out subclause (I) and inserting in place thereof the following subclause:
23 (I) contain comprehensive plans for wildlife monitoring and mitigation of adverse
24wildlife impacts due to the construction and operation of offshore wind facilities that meet the
25standards established by the office of coastal zone management based on input from the advisory
26council on offshore wind wildlife habitat management established in section 4A½ of chapter 21A
27of the General Laws;
28 SECTION 3. Section 3(a)(32) of chapter 23J of the General Laws, as appearing in the
292022 Official Edition, is hereby amended by striking the words “and (vii)” and inserting in place
30thereof the following: “(vii) coordinating with state agencies, regional and tribal entities, and
31experts on wildlife monitoring and mitigation planning associated with offshore wind activities,
32including, but not limited to, the members of the advisory council established pursuant to section
334A1/2 of chapter 21A; and (viii)” 3 of 3
34 SECTION 4. Section 9(c) of chapter 23J of the General Laws, as so appearing in the
352022 Official Edition, as most recently amended by section 17 of chapter 179 of the acts of 2022,
36is hereby amended by striking the words “and (viii)” and inserting in place thereof the words
37“(viii) the protection of coastal and marine wildlife through monitoring and mitigation of habitat
38loss from threats posed by of offshore wind development; and (ix)”.
39 SECTION 5. Section 9(d) of chapter 23J of the General Laws, as so appearing in the
402022 Official Edition, is hereby amended by adding at the end the following words: “and coastal
41and marine wildlife and habitats.”