Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1050 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 771 FILED ON: 1/13/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1050
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Dawne Shand and Jennifer Balinsky Armini
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing a Massachusetts flood risk protection program.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Dawne Shand1st Essex1/13/2025Jennifer Balinsky Armini8th Essex1/13/2025 1 of 8
16	16	HOUSE DOCKET, NO. 771 FILED ON: 1/13/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1050
18	18	By Representatives Shand of Newburyport and Armini of Marblehead, a petition (accompanied
19	19	by bill, House, No. 1050) of Dawne Shand and Jennifer Balinsky Armini for legislation to assess
20	20	the current and future flood risk to property statewide. Environment and Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act establishing a Massachusetts flood risk protection program.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Preamble
30	30	2 Climate change is causing significant increases in sea level, floods and storms, and
31	31	3threatening the environment, human health and safety. Becoming resilient to these impacts
32	32	4depends on the commonwealth’s ability to visualize and adapt to flood risk today and into the
33	33	5future. The statewide flood risk protection program is voluntary and creates and implements a
34	34	6long term strategy to facilitate the acquisition of property from willing property owners at risk of
35	35	7being inundated by floods, and that suffer, or are projected to suffer, repetitive or substantial
36	36	8flood damage. The program relies on nature-based solutions to protect communities from climate
37	37	9impacts today and in the future; prioritizes the allocation of benefits to low-income residents and
38	38	10environmental justice populations; and creates a new trust fund intended to be funded using state
39	39	11funds and to leverage local, federal and private funds and insurance programs with the same or
40	40	12similar purposes. 2 of 8
41	41	13 Section 1. Flood Risk Protection Program
42	42	14 Notwithstanding any special or general law to the contrary, the secretaries of the
43	43	15executive office of energy and environmental affairs, executive office of housing and economic
44	44	16development, and executive office of public safety and security shall develop and administer a
45	45	17statewide flood risk protection program. The program shall acquire properties which are, or are
46	46	18projected to be, repetitively or substantially damaged by floods. Funds deposited in the flood risk
47	47	19protection trust fund shall cover the acquisition of property from willing owners; structure
48	48	20demolition; relocation of impacted property owners, tenants and lessees; coastal, floodplain and
49	49	21wetland restoration; and creation of open space for conservation and recreational purposes to be
50	50	22protected in perpetuity.
51	51	23 Section 2. Definitions
52	52	24 As used in this chapter the following words shall have the following meanings:
53	53	25 “Contiguous properties”, two or more adjoining parcels.
54	54	26 “Cluster properties”, two or more properties that, although non-contiguous, are within
55	55	27proximity.
56	56	28 “Eligible entity”, an entity with expertise in land conservation and restoration, including a
57	57	29state agency, nonprofit land trust, nonprofit conservation organization, local governmental body
58	58	30or community development corporation. For the purposes of this chapter, a local governmental
59	59	31body includes a town, city, county, district, commission, board and regional governmental unit.
60	60	32 "Environmental justice population", as defined in Section 62 of chapter 30 of the general
61	61	33laws. 3 of 8
62	62	34 “Flood risk”, property at risk of being inundated by water or mudflow and that currently
63	63	35suffers or is projected to suffer repetitive or substantial flood damage as determined by the best
64	64	36available climate, flooding, erosion, and sea level rise data and modeling.
65	65	37 “Nature-based solutions”, as defined in section 1 of chapter 21N of the general laws.
66	66	38 Section 3. Program Eligibility
67	67	39 The following shall be eligible under this program:
68	68	40 (a)Property that is a flood risk and used for residential, nonprofit, or small business
69	69	41purposes, as defined by section 1 of chapter 40W of the general laws, including the buildings and
70	70	42structures thereon.
71	71	43 (b)Projects that receive, or do not receive, funding from the federal emergency
72	72	44management agency.
73	73	45 Section 4. Program Requirements
74	74	46 The following shall be requirements under this chapter:
75	75	47 (a)This program is voluntary and so property shall only be acquired from a willing seller
76	76	48or sellers.
77	77	49 (b)Property shall be acquired at fair market value of land, buildings and structures.
78	78	50Damaged property shall be valued at pre-loss fair market value. The process for calculating fair
79	79	51market value and pre-loss fair market value shall be defined through regulation. 4 of 8
80	80	52 (c)No less than 75 percent of program funds shall be reserved for eligible property
81	81	53owners that are (i) low-income, defined as a household income 65 percent of the state median
82	82	54income or less, or (ii) located within an environmental justice population.
83	83	55 (d)Acquired properties shall be conserved in perpetuity and maintained as open space for
84	84	56conservation and recreation purposes by an eligible entity or entities. Public access shall be
85	85	57required unless access is prohibited under state or local law.
86	86	58 (e)New and permanent engineered structures and other improvements shall not be erected
87	87	59on any property acquired under this chapter unless such structures or improvements are critical to
88	88	60complete a nature-based solutions project, are open on all sides (restrooms excepted), can be
89	89	61easily moved, and are functionally related to open space use. These restrictions, along with the
90	90	62right to enforce the same, are deemed to be covenants running with the land in perpetuity and are
91	91	63binding on subsequent successors, grantees, or assigns.
92	92	64 (f)Any conveyance is subject to rights outstanding in third parties for existing easements.
93	93	65 Section 5. Statewide Flood Risk Assessment and Standards
94	94	66 The secretary of the executive office of energy and environmental affairs shall use the
95	95	67best available climate data and models, and sea level rise, tidal, coastal, riverine flooding data,
96	96	68and models, to assess the current and future flood risk to property statewide. To assess current
97	97	69and future flood risk, the secretary shall solicit input from the executive office of housing and
98	98	70economic development and the executive office of public safety and security; and shall consult
99	99	71with federal agency experts and scientific, technical and insurance experts. 5 of 8
100	100	72 Following the development of each statewide assessment, the secretary shall create and
101	101	73update standards used to evaluate properties that may be acquired from a willing seller or sellers
102	102	74under this chapter. The standards shall be used to set priorities based on the following factors:
103	103	75 (1)Properties that are a flood risk.
104	104	76 (2)Properties owned by low-income property owners and properties within an
105	105	77environmental justice population.
106	106	78 (3)Clustered properties or contiguous properties.
107	107	79 (4)Projects that will further protect the public health and safety of first responders,
108	108	80neighbors and local communities.
109	109	81 (5)Projects that protect, restore, and enhance wildlife habitat, fisheries, agricultural lands,
110	110	82drinking water supplies, ecosystem services, and that offer conservation and recreation
111	111	83opportunities for public use.
112	112	84 The statewide standards shall be noticed for public comment no later than 180 days after
113	113	85enactment.
114	114	86 A statewide flood risk assessment shall be updated every five years and include a
115	115	87statewide evaluation of the program’s impact on flood risk and benefits to the public. The
116	116	88secretary shall provide a detailed report on each updated assessment to the joint committee on
117	117	89environment, natural resources and agriculture every five years, and shall make every updated
118	118	90assessment available for public view.
119	119	91 Section 6. Roles and Responsibilities 6 of 8
120	120	92 (1)The secretaries of the executive office of energy and environmental affairs, executive
121	121	93office of housing and economic development, and executive office of public safety and security
122	122	94shall divide the following roles and responsibilities depending on agency expertise:
123	123	95 (a)Develop an outreach, education and awareness program for local governmental bodies
124	124	96and owners, tenants and lessees of properties that are a flood risk.
125	125	97 (b)Provide technical assistance to property owners interested in selling their property.
126	126	98 (c)Establish procedures to support property owners, tenants, and lessees in need of
127	127	99relocation assistance.
128	128	100 (d)Facilitate relationships between a property owner and eligible entities when possible.
129	129	101 (e)Develop a pre-approval acquisition program that includes partnerships with eligible
130	130	102entities to promote efficient and timely property transfers, minimize hardships on property
131	131	103owners, and discourage repetitive rehabilitation, repairing and rebuilding of flood risk properties.
132	132	104 (2)The executive office of energy and environmental affairs and its agencies may acquire
133	133	105and conserve flood risk property on behalf of the commonwealth, when in the commonwealth’s
134	134	106interest, and when there is no other eligible entity available to acquire an owner’s property.
135	135	107 Section 7. Flood Risk Protection Program Trust Fund
136	136	108 (1)The secretary of energy and environmental affairs shall create and administer the flood
137	137	109risk protection program trust fund into which shall be deposited: (a) any revenues or other
138	138	110financing sources directed to the fund by appropriation; (b) bond revenues authorized by the
139	139	111general court and designated to be credited to the fund; (c) any income derived from the
140	140	112investment credited to the fund; (d) funds from public or private sources including, but not 7 of 8
141	141	113limited to, gifts, federal or private grants, donations, rebates and settlements received by the
142	142	114commonwealth that are designated to be credited to the fund; and (e) all other amounts credited
143	143	115or transferred into the fund from any other source.
144	144	116 (2)Amounts credited to the fund may be used, without further appropriation, to provide
145	145	117grants to an eligible entity, as defined by this chapter, costs associated with implementation of
146	146	118the flood risk protection program including upfront costs or reimbursement for (a) the acquisition
147	147	119of property; (b) fees for necessary appraisals, title searches, title insurance, property inspections,
148	148	120and surveys, environmental assessments and other necessary site-specific due diligence; (c) the
149	149	121controlled demolition, removal and disposal of buildings and structures. Buildings and structures
150	150	122deemed historically significant will be documented and options for relocation or deconstruction
151	151	123shall be explored before they are demolished. Archaeological resources will be documented and
152	152	124saved under the supervision of a professional archaeologist, and if applicable, in consultation
153	153	125with a tribal representative; (d) relocation assistance for homeowners, tenants and lessees; and
154	154	126(e) site restoration and stabilization including nature-based solutions that enhance climate
155	155	127resiliency and restore and conserve fish and wildlife habitat.
156	156	128 (3)The secretary shall assess all funding secured from other public and private sources for
157	157	129a project before awarding a grant from the fund for that project, to ensure that the total amount
158	158	130paid from the fund does not exceed the total value of the project.
159	159	131 (4)The amounts expended from the fund during any fiscal year for the costs of employees
160	160	132shall not exceed 5 per cent of total funds expended from the fund in that fiscal year. 8 of 8
161	161	133 (5)Monies deposited into the flood risk protection program trust fund that are not
162	162	134expended at the end of each fiscal year shall not revert to the general fund and shall be available
163	163	135for expenditure in the subsequent fiscal year.
164	164	136 (6)Annually, and not later than December 1 of each year, the secretary of energy and
165	165	137environmental affairs shall report on the activities of the fund to the clerks of the house of
166	166	138representatives and the senate and to the house and senate committees on ways and means. The
167	167	139report shall include an accounting of expenditures made from the fund with a description of the
168	168	140purpose of each expenditure, an accounting of amounts credited to the fund and any unexpended
169	169	141balance remaining in the fund.
170	170	142 Section 8. Regulations
171	171	143 The secretaries of the executive office of energy and environmental affairs, executive
172	172	144office of housing and economic development, and executive office of public safety and security
173	173	145shall promulgate rules, regulations and guidelines for the administration and oversight of this
174	174	146chapter no later than 180 days after enactment.
175	175	147 Section 9. Interagency Coordination
176	176	148 The secretaries of the executive office of energy and environmental affairs, executive
177	177	149office of housing and economic development, and executive office of safety and security shall
178	178	150enlist, engage, collaborate and coordinate with external experts and stakeholders regarding the
179	179	151creation and implementation of the flood risk protection program. Such experts and stakeholders
180	180	152shall include but are not limited to the environmental justice advisory council established by
181	181	153section 62L of chapter 30 of the general laws, the global warming solutions act implementation
182	182	154advisory committee, and homeowners, tenants, insurers, and municipal officials.