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HOUSE DOCKET, NO. 771 FILED ON: 1/13/2025
HOUSE . . . . . . . . . . . . . . . No. 1050
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Dawne Shand and Jennifer Balinsky Armini
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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 establishing a Massachusetts flood risk protection program.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Dawne Shand1st Essex1/13/2025Jennifer Balinsky Armini8th Essex1/13/2025 1 of 8
HOUSE DOCKET, NO. 771 FILED ON: 1/13/2025
HOUSE . . . . . . . . . . . . . . . No. 1050
By Representatives Shand of Newburyport and Armini of Marblehead, a petition (accompanied
by bill, House, No. 1050) of Dawne Shand and Jennifer Balinsky Armini for legislation to assess
the current and future flood risk to property statewide. Environment and Natural Resources.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act establishing a Massachusetts flood risk protection program.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Preamble
2 Climate change is causing significant increases in sea level, floods and storms, and
3threatening the environment, human health and safety. Becoming resilient to these impacts
4depends on the commonwealth’s ability to visualize and adapt to flood risk today and into the
5future. The statewide flood risk protection program is voluntary and creates and implements a
6long term strategy to facilitate the acquisition of property from willing property owners at risk of
7being inundated by floods, and that suffer, or are projected to suffer, repetitive or substantial
8flood damage. The program relies on nature-based solutions to protect communities from climate
9impacts today and in the future; prioritizes the allocation of benefits to low-income residents and
10environmental justice populations; and creates a new trust fund intended to be funded using state
11funds and to leverage local, federal and private funds and insurance programs with the same or
12similar purposes. 2 of 8
13 Section 1. Flood Risk Protection Program
14 Notwithstanding any special or general law to the contrary, the secretaries of the
15executive office of energy and environmental affairs, executive office of housing and economic
16development, and executive office of public safety and security shall develop and administer a
17statewide flood risk protection program. The program shall acquire properties which are, or are
18projected to be, repetitively or substantially damaged by floods. Funds deposited in the flood risk
19protection trust fund shall cover the acquisition of property from willing owners; structure
20demolition; relocation of impacted property owners, tenants and lessees; coastal, floodplain and
21wetland restoration; and creation of open space for conservation and recreational purposes to be
22protected in perpetuity.
23 Section 2. Definitions
24 As used in this chapter the following words shall have the following meanings:
25 “Contiguous properties”, two or more adjoining parcels.
26 “Cluster properties”, two or more properties that, although non-contiguous, are within
27proximity.
28 “Eligible entity”, an entity with expertise in land conservation and restoration, including a
29state agency, nonprofit land trust, nonprofit conservation organization, local governmental body
30or community development corporation. For the purposes of this chapter, a local governmental
31body includes a town, city, county, district, commission, board and regional governmental unit.
32 "Environmental justice population", as defined in Section 62 of chapter 30 of the general
33laws. 3 of 8
34 “Flood risk”, property at risk of being inundated by water or mudflow and that currently
35suffers or is projected to suffer repetitive or substantial flood damage as determined by the best
36available climate, flooding, erosion, and sea level rise data and modeling.
37 “Nature-based solutions”, as defined in section 1 of chapter 21N of the general laws.
38 Section 3. Program Eligibility
39 The following shall be eligible under this program:
40 (a)Property that is a flood risk and used for residential, nonprofit, or small business
41purposes, as defined by section 1 of chapter 40W of the general laws, including the buildings and
42structures thereon.
43 (b)Projects that receive, or do not receive, funding from the federal emergency
44management agency.
45 Section 4. Program Requirements
46 The following shall be requirements under this chapter:
47 (a)This program is voluntary and so property shall only be acquired from a willing seller
48or sellers.
49 (b)Property shall be acquired at fair market value of land, buildings and structures.
50Damaged property shall be valued at pre-loss fair market value. The process for calculating fair
51market value and pre-loss fair market value shall be defined through regulation. 4 of 8
52 (c)No less than 75 percent of program funds shall be reserved for eligible property
53owners that are (i) low-income, defined as a household income 65 percent of the state median
54income or less, or (ii) located within an environmental justice population.
55 (d)Acquired properties shall be conserved in perpetuity and maintained as open space for
56conservation and recreation purposes by an eligible entity or entities. Public access shall be
57required unless access is prohibited under state or local law.
58 (e)New and permanent engineered structures and other improvements shall not be erected
59on any property acquired under this chapter unless such structures or improvements are critical to
60complete a nature-based solutions project, are open on all sides (restrooms excepted), can be
61easily moved, and are functionally related to open space use. These restrictions, along with the
62right to enforce the same, are deemed to be covenants running with the land in perpetuity and are
63binding on subsequent successors, grantees, or assigns.
64 (f)Any conveyance is subject to rights outstanding in third parties for existing easements.
65 Section 5. Statewide Flood Risk Assessment and Standards
66 The secretary of the executive office of energy and environmental affairs shall use the
67best available climate data and models, and sea level rise, tidal, coastal, riverine flooding data,
68and models, to assess the current and future flood risk to property statewide. To assess current
69and future flood risk, the secretary shall solicit input from the executive office of housing and
70economic development and the executive office of public safety and security; and shall consult
71with federal agency experts and scientific, technical and insurance experts. 5 of 8
72 Following the development of each statewide assessment, the secretary shall create and
73update standards used to evaluate properties that may be acquired from a willing seller or sellers
74under this chapter. The standards shall be used to set priorities based on the following factors:
75 (1)Properties that are a flood risk.
76 (2)Properties owned by low-income property owners and properties within an
77environmental justice population.
78 (3)Clustered properties or contiguous properties.
79 (4)Projects that will further protect the public health and safety of first responders,
80neighbors and local communities.
81 (5)Projects that protect, restore, and enhance wildlife habitat, fisheries, agricultural lands,
82drinking water supplies, ecosystem services, and that offer conservation and recreation
83opportunities for public use.
84 The statewide standards shall be noticed for public comment no later than 180 days after
85enactment.
86 A statewide flood risk assessment shall be updated every five years and include a
87statewide evaluation of the program’s impact on flood risk and benefits to the public. The
88secretary shall provide a detailed report on each updated assessment to the joint committee on
89environment, natural resources and agriculture every five years, and shall make every updated
90assessment available for public view.
91 Section 6. Roles and Responsibilities 6 of 8
92 (1)The secretaries of the executive office of energy and environmental affairs, executive
93office of housing and economic development, and executive office of public safety and security
94shall divide the following roles and responsibilities depending on agency expertise:
95 (a)Develop an outreach, education and awareness program for local governmental bodies
96and owners, tenants and lessees of properties that are a flood risk.
97 (b)Provide technical assistance to property owners interested in selling their property.
98 (c)Establish procedures to support property owners, tenants, and lessees in need of
99relocation assistance.
100 (d)Facilitate relationships between a property owner and eligible entities when possible.
101 (e)Develop a pre-approval acquisition program that includes partnerships with eligible
102entities to promote efficient and timely property transfers, minimize hardships on property
103owners, and discourage repetitive rehabilitation, repairing and rebuilding of flood risk properties.
104 (2)The executive office of energy and environmental affairs and its agencies may acquire
105and conserve flood risk property on behalf of the commonwealth, when in the commonwealth’s
106interest, and when there is no other eligible entity available to acquire an owner’s property.
107 Section 7. Flood Risk Protection Program Trust Fund
108 (1)The secretary of energy and environmental affairs shall create and administer the flood
109risk protection program trust fund into which shall be deposited: (a) any revenues or other
110financing sources directed to the fund by appropriation; (b) bond revenues authorized by the
111general court and designated to be credited to the fund; (c) any income derived from the
112investment credited to the fund; (d) funds from public or private sources including, but not 7 of 8
113limited to, gifts, federal or private grants, donations, rebates and settlements received by the
114commonwealth that are designated to be credited to the fund; and (e) all other amounts credited
115or transferred into the fund from any other source.
116 (2)Amounts credited to the fund may be used, without further appropriation, to provide
117grants to an eligible entity, as defined by this chapter, costs associated with implementation of
118the flood risk protection program including upfront costs or reimbursement for (a) the acquisition
119of property; (b) fees for necessary appraisals, title searches, title insurance, property inspections,
120and surveys, environmental assessments and other necessary site-specific due diligence; (c) the
121controlled demolition, removal and disposal of buildings and structures. Buildings and structures
122deemed historically significant will be documented and options for relocation or deconstruction
123shall be explored before they are demolished. Archaeological resources will be documented and
124saved under the supervision of a professional archaeologist, and if applicable, in consultation
125with a tribal representative; (d) relocation assistance for homeowners, tenants and lessees; and
126(e) site restoration and stabilization including nature-based solutions that enhance climate
127resiliency and restore and conserve fish and wildlife habitat.
128 (3)The secretary shall assess all funding secured from other public and private sources for
129a project before awarding a grant from the fund for that project, to ensure that the total amount
130paid from the fund does not exceed the total value of the project.
131 (4)The amounts expended from the fund during any fiscal year for the costs of employees
132shall not exceed 5 per cent of total funds expended from the fund in that fiscal year. 8 of 8
133 (5)Monies deposited into the flood risk protection program trust fund that are not
134expended at the end of each fiscal year shall not revert to the general fund and shall be available
135for expenditure in the subsequent fiscal year.
136 (6)Annually, and not later than December 1 of each year, the secretary of energy and
137environmental affairs shall report on the activities of the fund to the clerks of the house of
138representatives and the senate and to the house and senate committees on ways and means. The
139report shall include an accounting of expenditures made from the fund with a description of the
140purpose of each expenditure, an accounting of amounts credited to the fund and any unexpended
141balance remaining in the fund.
142 Section 8. Regulations
143 The secretaries of the executive office of energy and environmental affairs, executive
144office of housing and economic development, and executive office of public safety and security
145shall promulgate rules, regulations and guidelines for the administration and oversight of this
146chapter no later than 180 days after enactment.
147 Section 9. Interagency Coordination
148 The secretaries of the executive office of energy and environmental affairs, executive
149office of housing and economic development, and executive office of safety and security shall
150enlist, engage, collaborate and coordinate with external experts and stakeholders regarding the
151creation and implementation of the flood risk protection program. Such experts and stakeholders
152shall include but are not limited to the environmental justice advisory council established by
153section 62L of chapter 30 of the general laws, the global warming solutions act implementation
154advisory committee, and homeowners, tenants, insurers, and municipal officials.