Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1051 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 777 FILED ON: 1/13/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1051
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 to create a commission to determine the feasibility of voluntary acquisition of flood risk
13	13	properties and structures.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Dawne Shand1st Essex1/13/2025Jennifer Balinsky Armini8th Essex1/13/2025James B. EldridgeMiddlesex and Worcester2/19/2025Michael O. MooreSecond Worcester3/3/2025 1 of 4
17	17	HOUSE DOCKET, NO. 777 FILED ON: 1/13/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 1051
19	19	By Representatives Shand of Newburyport and Armini of Marblehead, a petition (accompanied
20	20	by bill, House, No. 1051) of Dawne Shand, Jennifer Balinsky Armini and others for an
21	21	investigation by a special commission (including members of the General Court) relative to the
22	22	voluntary acquisition of flood risk properties and structures across the Commonwealth.
23	23	Environment and Natural Resources.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act to create a commission to determine the feasibility of voluntary acquisition of flood risk
30	30	properties and structures.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1.  (a) Notwithstanding any general or special law to the contrary, there shall
34	34	2be established a commission known as the voluntary acquisition of flood risk properties
35	35	3commission, which shall assess the advantages and disadvantages of voluntary acquisition of
36	36	4flood risk properties and structures across the commonwealth, examine the feasibility of such a
37	37	5program, and identify the components of such a program. The climate chief in the office of
38	38	6climate innovation and resilience, the secretary of energy and environmental affairs, and the
39	39	7director of the Massachusetts emergency management agency shall collectively implement and
40	40	8oversee the commission’s work.
41	41	9 (b) The commission shall consist of the following members or their designee: the climate
42	42	10chief in the office of climate innovation and resilience, who shall serve as co-chair, the secretary
43	43	11of energy and environmental affairs, who shall serve as co-chair; the director of the 2 of 4
44	44	12Massachusetts emergency management agency, who shall serve as co-chair; the secretary of the
45	45	13executive office of housing and economic development; the director of the bureau of relocation;
46	46	14the commissioner of the department of environmental protection; the director of coastal zone
47	47	15management; the director of the division of ecological restoration; the director of the department
48	48	16of conservation and recreation flood management program; the minority leader of the senate; the
49	49	17minority leader of the house; and the house and senate chairs of the joint committee on
50	50	18environment, natural resources and agriculture.
51	51	19 (c) The commission shall include ten (10) additional members appointed by the chair; 1
52	52	20of whom shall be a representative of a statewide land conservation organization, 1 of whom shall
53	53	21be a representative of a river protection organization, 1 of whom shall be a representative of a
54	54	22statewide wildlife protection organization, 1 of whom shall be a representative of an
55	55	23environmental justice organization, 1 of whom shall be a representative of a housing justice
56	56	24organization, 1 of whom shall be a representative of an organization with expertise in
57	57	25homeowner property and casualty insurance licensed in the commonwealth, 1 of whom shall be
58	58	26a representative of an organization with expertise in mortgages, 1 of whom shall have academic
59	59	27expertise in climate data and flooding, 1 of whom shall be a representative of a regional planning
60	60	28agency in a flood risk area and 1 of whom shall be a professional engineer licensed in
61	61	29Massachusetts. The members of the commission shall be appointed not later than 30 days after
62	62	30the effective date of this act and shall serve until the completion of the report described in
63	63	31paragraph (g).
64	64	32 (d) The chairs of the joint committee on public safety and homeland security, and the
65	65	33chairs of the joint committee on housing, or their designees, shall be observers to the commission
66	66	34and shall be invited to all meetings of the commission. As properties are identified, the 3 of 4
67	67	35commission shall include as observers to its meetings about these specific structures, the state
68	68	36representative, state senator, and the town/cities’ municipal chief, or their designees, who
69	69	37represent the potentially affected areas, and shall extend invitations to all relevant meetings of
70	70	38the commission involving their districts.
71	71	39 (e) The commission shall seek and use the best available climate data and models, and
72	72	40sea level rise, tidal, coastal, riverine flooding data, and models, to present an understanding of
73	73	41the current and future flood risk to inland and coastal property in the commonwealth.
74	74	42 (f)  The commission shall examine and make recommendations regarding the feasibility
75	75	43and establishment of a flood risk reduction program that focuses on the voluntary acquisition of
76	76	44flood risk properties and structures, that ensures that structures would be demolished, and the
77	77	45land would be permanently conserved and restored to serve as a natural buffer against future
78	78	46storms and floods, and accessible to the public when safe. Such an analysis would also describe
79	79	47the necessary components of such a program, including a process for, and the feasibility of,
80	80	48relocating homeowners and/or tenants.
81	81	49 In determining the feasibility of such a program, the commission shall consider the
82	82	50following: (i) creating program eligibility and whether it is restricted to residential property;
83	83	51(ii) identifying program funding, including but not limited to the calculation of fair market value,
84	84	52cost effectiveness, the availability of federal funding and flood insurance, and funding sources
85	85	53for education, outreach, acquisition, demolition, restoration, and relocation; (iii) determining
86	86	54priority acquisition areas (including clusters of flood-prone homes and neighborhoods); (iv)
87	87	55identifying factors that affect program outcomes with regard to the sale of property and the
88	88	56consensual and voluntary relocation of owners and tenants; (v) assessing disproportionate 4 of 4
89	89	57impacts of floods and relocation on low-income homeowners and tenants; (vi) determining the
90	90	58feasibility and affordability of voluntary and consensual relocation of homeowners and tenants;
91	91	59(vii) describing criteria to select participating neighborhoods and communities, including
92	92	60prioritization of low and moderate income property owners, environmental justice populations,
93	93	61and unintended consequences of targeting such communities; (viii) recommending eligible
94	94	62entities that could acquire and own conserved properties in flood risk areas; (ix) facilitating
95	95	63safety and public access in flood risk areas; (x) assessing the opportunity for significant
96	96	64environmental enhancement to public health, safety and welfare and fish and wildlife habitat;
97	97	65(xi) identifying nature-based solutions to protect, restore, and create sustainable resilient natural
98	98	66areas and outdoor recreation opportunities on acquired property; (xii) making recommendations
99	99	67on how to offset community disruption resulting from said program while prioritizing
100	100	68community preservation; and (xiii) assessing the potential benefits of such a program to
101	101	69impacted communities and the Commonwealth.
102	102	70 (g)  All meetings of the commission shall be open to the public. The commission shall
103	103	71hold at least one public listening session with a remote participation option. The commission
104	104	72shall convene its first meeting no later than September 1, 2025.
105	105	73 The commission shall file a report along with findings, recommendations, and
106	106	74accompanying drafts of legislation necessary to carry those recommendations into effect, if any,
107	107	75with the clerks of the house of representatives and the senate, the joint committee on
108	108	76environment, natural resources and agriculture, the joint committee on public safety and
109	109	77homeland security, and the joint committee on housing, not later than June 1, 2026.
110	110	78 SECTION 2. Section 1 shall take effect on July 5, 2025.