Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S506 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 896 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 506
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Anne M. Gobi
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to offshore wind and wildlife habitat management.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	SENATE DOCKET, NO. 896 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 506
18	18	By Ms. Gobi, a petition (accompanied by bill, Senate, No. 506) of Anne M. Gobi, Angelo J.
19	19	Puppolo, Jr., Marc R. Pacheco, Michael O. Moore and other members of the General Court for
20	20	legislation relative to offshore wind and wildlife habitat management. Environment and Natural
21	21	Resources.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to offshore wind and wildlife habitat management.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 21A of the General Laws, as so appearing in the 2022 Official
31	31	2Edition, is hereby amended by inserting after section 4A the following section:
32	32	3 Section 4A½. The secretary of the executive office of energy and environmental affairs
33	33	4shall establish an advisory council on offshore wind wildlife habitat management, hereinafter
34	34	5advisory council. The advisory council shall be comprised of experts and stakeholders in
35	35	6wildlife monitoring and protection, representation from both federally recognized tribes in the
36	36	7commonwealth, and relevant state and federal agencies.
37	37	8 The advisory council shall provide input to the office of coastal zone management on best
38	38	9practices for avoiding, minimizing and mitigating impacts to wildlife, including, but not limited
39	39	10to, threatened or endangered species such as North Atlantic right whales, coastal and marine
40	40	11habitats, natural resources and ecosystems, and traditional or existing water-dependent uses, by: 2 of 3
41	41	12a) establishing baseline standards for monitoring and mitigation plans required by sections
42	42	1383(e)(1)(v)(H) and 83C(e)(1)(v)(I) of chapter 169 of the acts of 2008; b) advising on and
43	43	14monitoring the expenditure of funds raised through any long-term contracts dedicated for
44	44	15wildlife monitoring and mitigation; and c) conducting an ongoing review of implemented
45	45	16monitoring and mitigation programs and provide feedback and recommendations on an as-
46	46	17needed basis, to be considered by the office. Pre-construction engagement of the advisory
47	47	18council shall correspond with project development, solicitation and permitting and a process to
48	48	19determine federal consistency with approved coastal management programs.
49	49	20 SECTION 2. Clause (v) of subsection (e)(1) of section 83C of chapter 169 of the acts of
50	50	212008, as most recently amended by section 61 of chapter 179 of the acts of 2022, is hereby
51	51	22amended by striking out subclause (I) and inserting in place thereof the following subclause:
52	52	23 (I) contain comprehensive plans for wildlife monitoring and mitigation of adverse
53	53	24wildlife impacts due to the construction and operation of offshore wind facilities that meet the
54	54	25standards established by the office of coastal zone management based on input from the advisory
55	55	26council on offshore wind wildlife habitat management established in section 4A½ of chapter 21A
56	56	27of the General Laws;
57	57	28 SECTION 3. Section 3(a)(32) of chapter 23J of the General Laws, as appearing in the
58	58	292022 Official Edition, is hereby amended by striking the words “and (vii)” and inserting in place
59	59	30thereof the following: “(vii) coordinating with state agencies, regional and tribal entities, and
60	60	31experts on wildlife monitoring and mitigation planning associated with offshore wind activities,
61	61	32including, but not limited to, the members of the advisory council established pursuant to section
62	62	334A1/2 of chapter 21A; and (viii)” 3 of 3
63	63	34 SECTION 4. Section 9(c) of chapter 23J of the General Laws, as so appearing in the
64	64	352022 Official Edition, as most recently amended by section 17 of chapter 179 of the acts of 2022,
65	65	36is hereby amended by striking the words “and (viii)” and inserting in place thereof the words
66	66	37“(viii) the protection of coastal and marine wildlife through monitoring and mitigation of habitat
67	67	38loss from threats posed by of offshore wind development; and (ix)”.
68	68	39 SECTION 5. Section 9(d) of chapter 23J of the General Laws, as so appearing in the
69	69	402022 Official Edition, is hereby amended by adding at the end the following words: “and coastal
70	70	41and marine wildlife and habitats.”