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2 | 2 | | SENATE DOCKET, NO. 416 FILED ON: 1/14/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 582 |
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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 | | Bruce E. Tarr |
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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 relative to sustaining natural and working lands. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 416 FILED ON: 1/14/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 582 |
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18 | 18 | | By Mr. Tarr, a petition (accompanied by bill, Senate, No. 582) of Bruce E. Tarr for legislation |
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19 | 19 | | relative to sustaining natural and working lands. Environment and Natural Resources. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Third General Court |
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23 | 23 | | (2023-2024) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act relative to sustaining natural and working lands. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. Chapter 21N is hereby amended by inserting at the following new section:- |
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29 | 29 | | 2 SECTION 12. (a) The executive office of energy and environmental affairs shall develop |
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30 | 30 | | 3policies, programs, grants, loans and incentives to meet the statewide natural and working lands |
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31 | 31 | | 4goal as identified in the plan, including, but not limited to, a communities for a sustainable |
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32 | 32 | | 5climate program. The executive office of energy and environmental affairs shall apply and |
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33 | 33 | | 6disburse monies and revenues as provided in this section. |
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34 | 34 | | 7 (b) The secretary shall establish a communities for a sustainable climate program. The |
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35 | 35 | | 8purpose of the program shall be to provide technical and financial assistance, including |
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36 | 36 | | 9incentives, grants and loans, to municipalities that qualify as sustainable communities under this |
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37 | 37 | | 10section. These incentives, grants and loans shall be used to finance all or a portion of the costs of |
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38 | 38 | | 11designing, constructing and implementing actions and strategies to reduce greenhouse gas |
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39 | 39 | | 12emissions and increase carbon sequestration on natural and working lands. 2 of 3 |
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40 | 40 | | 13 (c) To qualify as a community for a sustainable climate, a municipality or other local |
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41 | 41 | | 14governmental body shall comply with eligibility requirements developed by the secretary or his |
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42 | 42 | | 15designee. Eligibility requirements are intended to incentivize communities to adopt policies and |
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43 | 43 | | 16practices that protect, enhance, and restore carbon stocks on natural and working lands beyond |
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44 | 44 | | 17business as usual. The secretary shall set eligibility requirements from among, but not limited to, |
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45 | 45 | | 18the following: (1) adopt a municipal tree retention and replacement by-law or ordinance; (2) |
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46 | 46 | | 19adopt natural resource protection zoning, as defined by the secretary; (3) collect a reasonable fee |
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47 | 47 | | 20to be used exclusively for measures to remedy and offset the generation of greenhouse gases |
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48 | 48 | | 21caused by activities that convert forest, wetlands, and agricultural lands for development at a size |
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49 | 49 | | 22and scale determined by the secretary; (4) adopt a municipal transfer of development rights by- |
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50 | 50 | | 23law or ordinance; and (5) adopt and implement a municipal procurement policy for municipal |
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51 | 51 | | 24purchasing and substituting wood products for municipal operations and assets, where feasible, |
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52 | 52 | | 25including but not limited to, concrete and steel in buildings. The secretary may waive specified |
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53 | 53 | | 26requirements based on a written finding that, due to unusual circumstances, a municipality |
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54 | 54 | | 27cannot reasonably meet the requirements and that the municipality has committed to alternative |
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55 | 55 | | 28measures that advance the purposes of the communities for a sustainable climate program as |
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56 | 56 | | 29effectively as adherence to the requirements. The Secretary may adopt alternative eligibility |
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57 | 57 | | 30requirements that provide opportunities to achieve the goals of the program. |
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58 | 58 | | 31 (d) The secretary may develop policies to provide for consistency and predictability and |
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59 | 59 | | 32to help offset the impacts of municipal ordinances and by-laws upon the private sector under the |
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60 | 60 | | 33communities for a sustainable climate program that may be adopted by participating |
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61 | 61 | | 34communities, including, but not limited to, grants, loans, incentives and tax credits and expedited 3 of 3 |
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62 | 62 | | 35permitting for practices and strategies consistent with the goals to reduce greenhouse gas |
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63 | 63 | | 36emissions and increase carbon sequestration on natural and working lands. |
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64 | 64 | | 37 (e) Funding for the communities for a sustainable climate program in any single fiscal |
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65 | 65 | | 38year shall be available, without the need for further appropriation, from sources including, but |
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66 | 66 | | 39not limited to: (1) the global warming solutions trust fund established in section 35GGG of |
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67 | 67 | | 40chapter 10 of the general laws; and (2) land management and restoration grant, loan and |
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68 | 68 | | 41incentive programs administered by the executive office of energy and environmental affairs. |
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