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