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| 2 | 2 | | SENATE DOCKET, NO. 687 FILED ON: 1/17/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 585 |
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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 to protect coastal resources. |
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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. 687 FILED ON: 1/17/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 585 |
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| 18 | 18 | | By Mr. Tarr, a petition (accompanied by bill, Senate, No. 585) of Bruce E. Tarr for legislation to |
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| 19 | 19 | | protect coastal resources. Environment and Natural Resources. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 621 OF 2021-2022.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act to protect coastal resources. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 Preamble - Whereas, Massachusetts has approximately 192 miles of coastal shoreline, |
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| 31 | 31 | | 2which provides incalculable benefits to the economy, character and quality of life for residents |
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| 32 | 32 | | 3and visitors, and whereas changing climatological conditions and sea level rise directly threaten |
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| 33 | 33 | | 4public and private property, infrastructure and natural resources and critical habitats, and |
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| 34 | 34 | | 5whereas new and continuing threats demand innovative solutions, and whereas the possibility |
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| 35 | 35 | | 6exists to develop and deploy such solutions using natural resources and processes, the legislature |
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| 36 | 36 | | 7deems it necessary to enact the following legislation. |
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| 37 | 37 | | 8 SECTION 1. There is hereby established the Massachusetts Coastal Erosion Innovation |
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| 38 | 38 | | 9Center, whose purpose shall be to develop, identify, research, advance and deploy innovative |
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| 39 | 39 | | 10means, methods, technologies and approaches for protecting and strengthening the resilience of 2 of 3 |
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| 40 | 40 | | 11the state's coastal shoreline, including but not limited to beaches, marshes, dunes and public and |
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| 41 | 41 | | 12private property and infrastructure. The center shall be administered by the Executive Office of |
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| 42 | 42 | | 13Energy and Environmental Affairs, and shall consist of representatives of the Office of Coastal |
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| 43 | 43 | | 14Zone Management, the Department of Environmental Protection, the Department of |
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| 44 | 44 | | 15Conservation and Recreation, the Executive Office of Housing and Economic Development, and |
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| 45 | 45 | | 16the Executive Office of Administration and Finance, whom shall meet at intervals of not less |
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| 46 | 46 | | 17than 6 months for the purposes set forth in Section 3 , provided that such meetings shall be open |
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| 47 | 47 | | 18to public observation, provided further that the center may elect to receive written or oral |
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| 48 | 48 | | 19testimony with proper notice given. |
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| 49 | 49 | | 20 SECTION 2. In carrying out the provisions of this act, the center shall be advised by an |
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| 50 | 50 | | 21advisory group appointed by the governor, comprised of 3 members representing municipal |
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| 51 | 51 | | 22officials, selected from a list submitted by the Massachusetts Municipal Association, 3 members |
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| 52 | 52 | | 23representing environmental advocacy organizations in the commonwealth, 3 members |
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| 53 | 53 | | 24representing owners of coastal property in the commonwealth, 3 members whom shall have |
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| 54 | 54 | | 25expertise in engineering, construction, or architecture, 1 member with expertise in coastal |
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| 55 | 55 | | 26geology, and 2 members representing the taxpayers of the commonwealth. Said advisory group |
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| 56 | 56 | | 27shall meet not less than every 3 months, and at the request of the Innovation Center, and shail be |
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| 57 | 57 | | 28chaired by the Secretary of Energy and Environmental Affairs. The center shall also, to the |
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| 58 | 58 | | 29greatest extent possible, consult and coordinate with the New England District of the United |
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| 59 | 59 | | 30States Army Corps of Engineers. |
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| 60 | 60 | | 31 SECTION 3. The center shall identify, develop, and research, in consultation with one or |
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| 61 | 61 | | 32more institutions of higher learning or research in the commonwealth, innovative methods of |
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| 62 | 62 | | 33protecting coastal resources, with prioritization for natural approaches such as thin layer marsh 3 of 3 |
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| 63 | 63 | | 34deposition, living shorelines, vegetation, eradication of invasive plant and shellfish species such |
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| 64 | 64 | | 35as green crab, and any other relevant methodology. The center shall produce an annual report of |
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| 65 | 65 | | 36its activities, which shall be filed with the clerks of the House and Senate , and posted |
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| 66 | 66 | | 37electronically for public inspection. |
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| 67 | 67 | | 38 SECTION 4. The center is hereby authorized and directed to receive applications for, and |
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| 68 | 68 | | 39approve, applications for innovative pilot projects to protect coastal shorelines and/ or promote |
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| 69 | 69 | | 40their resiliency, which may not otherwise be eligible for permitting. permits for such projects |
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| 70 | 70 | | 41shall not exceed 20 in number in any given calendar year, and be for no longer than 3 years in |
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| 71 | 71 | | 42duration, provided, however, that a permit may be extended for not more than an additional 3 |
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| 72 | 72 | | 43years. In reviewing and granting such permits, the center shall consider the potential impact of a |
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| 73 | 73 | | 44project, the size and scope of its potential benefits, its cost- effectiveness, and its consistency |
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| 74 | 74 | | 45with state and federal regulations. The center shall consider applications made by applicants |
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| 75 | 75 | | 46including but not limited to municipalities and regional groups of municipalities, non-profit |
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| 76 | 76 | | 47organizations and research institutions, private property owners and collaborations thereof, and |
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| 77 | 77 | | 48individuals. No application shall be approved unless it contains provisions for appropriate |
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| 78 | 78 | | 49engineering and design, monitoring, and any restoration work necessary at the expiration of the |
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| 79 | 79 | | 50resulting permit. Such permits shall be posted in a conspicuous location at the site of physical |
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| 80 | 80 | | 51activity they authorize, and shall be posted electronically so as to enable public inspection. The |
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| 81 | 81 | | 52department of environmental protection shall promulgate regulations to carry out the provisions |
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| 82 | 82 | | 53of this section, which shall exist coterminously with the existence of the center. |
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| 83 | 83 | | 54 SECTION 5. The provisions of this act shall expire on December 31, 2032, unless |
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| 84 | 84 | | 55otherwise repealed, modified or extended. |
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