Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1052 Compare Versions

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22 HOUSE DOCKET, NO. 1619 FILED ON: 1/15/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1052
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Dawne Shand and Kristin E. Kassner
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act accelerating wetlands restoration.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Dawne Shand1st Essex1/15/2025Kristin E. Kassner2nd Essex1/15/2025David Paul Linsky5th Middlesex2/19/2025Carmine Lawrence Gentile13th Middlesex2/19/2025Lindsay N. Sabadosa1st Hampshire2/19/2025Natalie M. Higgins4th Worcester2/19/2025James B. EldridgeMiddlesex and Worcester2/19/2025Erika Uyterhoeven27th Middlesex2/19/2025Danillo A. Sena37th Middlesex2/19/2025Samantha MontaƱo15th Suffolk2/19/2025Paul McMurtry11th Norfolk2/19/2025Joseph D. McKenna18th Worcester2/19/2025Natalie M. Blais1st Franklin2/19/2025James K. Hawkins2nd Bristol2/19/2025James C. Arena-DeRosa8th Middlesex2/19/2025Marjorie C. Decker25th Middlesex2/19/2025Vanna Howard17th Middlesex2/19/2025Michelle L. Badger1st Plymouth3/3/2025 2 of 2
1616 Manny Cruz7th Essex3/3/2025Thomas M. Stanley9th Middlesex3/3/2025Bruce E. TarrFirst Essex and Middlesex3/3/2025 1 of 3
1717 HOUSE DOCKET, NO. 1619 FILED ON: 1/15/2025
1818 HOUSE . . . . . . . . . . . . . . . No. 1052
1919 By Representatives Shand of Newburyport and Kassner of Hamilton, a petition (accompanied by
2020 bill, House, No. 1052) of Dawne Shand, Kristin E. Kassner and others relative to wetlands
2121 restoration. Environment and Natural Resources.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act accelerating wetlands restoration.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Section 18 of chapter 91 of the General Laws, as appearing in the 2022
3131 2Official Edition, is hereby amended by inserting after the fifth paragraph, the following
3232 3paragraph:
3333 4 No license or permit shall be required for dredge or fill, as defined by the department, as
3434 5part of work to restore tidelands, including salt marshes; provided that such a project is permitted
3535 6by the department or local issuing authority pursuant to section 40 of chapter 131 and applicable
3636 7regulations; and provided further, that such a project does not impair public access or navigation
3737 8and does not involve placement of a structure.
3838 9 SECTION 2. Section 40 of chapter 131 of the General Laws, as so appearing, is hereby
3939 10amended by inserting after the twenty-seventh paragraph the following paragraph:
4040 11 The notice of intention required in the first paragraph of this section shall not apply to
4141 12targeted hand removal of invasive, non-native plants from resource areas. The department shall 2 of 3
4242 13issue regulations on the scope and methods for such invasives removal, including standards to
4343 14minimize disturbance to soils and native plants and wildlife, requirements for notification to
4444 15conservation commissions, and the competency of individuals performing such work.
4545 16 SECTION 3. Notwithstanding any special or general law to the contrary, the secretary of
4646 17energy and environmental affairs shall undertake a Wetlands Restoration Streamlining Initiative
4747 18to improve the efficiency and reduce permitting and monitoring costs for ecological restoration
4848 19projects as defined in 310 CMR 10.04. This initiative shall include a review of laws and
4949 20regulations governing projects in wetlands or waterways including, but not limited to, those
5050 21overseen by the environmental policy act office, department of environmental protection, office
5151 22of coastal zone management, division of fisheries and wildlife, natural heritage and endangered
5252 23species program, division of marine fisheries, and division of ecological restoration. The review
5353 24shall solicit input from experts and restoration practitioners. Not later than 12 months following
5454 25the passage of this act, the secretary shall issue a report with recommendations for legislative and
5555 26regulatory amendments to reduce the time, complexity, and costs of permitting ecological
5656 27restoration projects, and maintaining important habitat.
5757 28 SECTION 4. (a) The executive office of energy and environmental affairs shall establish
5858 29a pilot program for research activities and demonstration projects for nature-based solutions, as
5959 30defined in section 1 of chapter 21N of the General Laws. The program shall: (i) define categories
6060 31of nature-based solutions and develop standards for their use; (ii) coordinate, streamline and
6161 32expedite the permitting and review process for activities and projects; and (iii) prioritize
6262 33activities and projects that advance scientific knowledge, provide conservation benefits, and
6363 34minimize impacts to existing wetlands. The secretary of energy and environmental affairs and 3 of 3
6464 35commissioners/directors of permitting agencies may modify specific performance standards for
6565 36nature-based solutions.
6666 37 (b) The pilot program shall commence upon the effective date of this Act and operate for
6767 385 years. Not later than one year from the effective date of this Act, and annually thereafter, the
6868 39secretary shall file a report with the clerks of the senate and house of representatives and the joint
6969 40committee on environment and natural resources that: (i) details the categories of nature-based
7070 41solutions; (ii) analyzes the approval time for all permits required for each approved research
7171 42activity or demonstration project; (iii) specifies any specific performance standards modified for
7272 43each approved research activity or project; and (iv) provides data about the effectiveness of each
7373 44approved research activity or project.