Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S559

Introduced
2/16/23  

Caption

Establishing a Massachusetts Flood Risk Protection Program

Impact

The introduction of this program could significantly alter state laws governing property acquisition and environmental management in Massachusetts. By focusing on properties identified as flood risks, it encourages a proactive rather than reactive approach to climate adaptation. The bill prioritizes low-income communities and those classified as environmental justice populations, ensuring that resources are directed to those most affected by flooding risks. The program will also create a Flood Risk Protection Program Trust Fund to support these activities, funded through various sources including public and private contributions.

Summary

Senate Bill 559 aims to establish a Massachusetts Flood Risk Protection Program to address the impacts of climate change, particularly those resulting from sea level rise, floods, and storms. The bill mandates the creation of a statewide program intended to acquire properties that are either currently or are projected to be repetitively damaged by flooding. This initiative includes provisions for voluntary property buyouts from willing owners, property demolition, relocation assistance for affected residents, and wetland restoration efforts. The bill emphasizes the importance of creating open space for conservation and recreational use that will be preserved in perpetuity.

Contention

One notable point of contention surrounding SB 559 is the balance between governmental intervention and property rights. While supporters argue that it is essential for public safety and environmental sustainability, critics may voice concerns about the extent of government authority in acquiring private properties, even on a voluntary basis. Additionally, defining eligibility and determining the fair market value of properties for acquisition might lead to disputes, especially in low-income areas where property values are sensitive. The requirement that no less than 75% of program funds be allocated to low-income property owners adds another layer of complexity to the funding and execution of the program.

Companion Bills

MA S557

Replaced by Resolve to create a commission to determine the feasibility of voluntary acquisition of flood risk properties and structures

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