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2 | 2 | | HOUSE DOCKET, NO. 1619 FILED ON: 1/15/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1052 |
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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 | | Dawne Shand and Kristin E. Kassner |
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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 accelerating wetlands restoration. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | 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 |
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16 | 16 | | Manny Cruz7th Essex3/3/2025Thomas M. Stanley9th Middlesex3/3/2025Bruce E. TarrFirst Essex and Middlesex3/3/2025 1 of 3 |
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17 | 17 | | HOUSE DOCKET, NO. 1619 FILED ON: 1/15/2025 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 1052 |
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19 | 19 | | By Representatives Shand of Newburyport and Kassner of Hamilton, a petition (accompanied by |
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20 | 20 | | bill, House, No. 1052) of Dawne Shand, Kristin E. Kassner and others relative to wetlands |
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21 | 21 | | restoration. Environment and Natural Resources. |
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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-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act accelerating wetlands restoration. |
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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 SECTION 1. Section 18 of chapter 91 of the General Laws, as appearing in the 2022 |
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31 | 31 | | 2Official Edition, is hereby amended by inserting after the fifth paragraph, the following |
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32 | 32 | | 3paragraph: |
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33 | 33 | | 4 No license or permit shall be required for dredge or fill, as defined by the department, as |
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34 | 34 | | 5part of work to restore tidelands, including salt marshes; provided that such a project is permitted |
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35 | 35 | | 6by the department or local issuing authority pursuant to section 40 of chapter 131 and applicable |
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36 | 36 | | 7regulations; and provided further, that such a project does not impair public access or navigation |
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37 | 37 | | 8and does not involve placement of a structure. |
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38 | 38 | | 9 SECTION 2. Section 40 of chapter 131 of the General Laws, as so appearing, is hereby |
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39 | 39 | | 10amended by inserting after the twenty-seventh paragraph the following paragraph: |
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40 | 40 | | 11 The notice of intention required in the first paragraph of this section shall not apply to |
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41 | 41 | | 12targeted hand removal of invasive, non-native plants from resource areas. The department shall 2 of 3 |
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42 | 42 | | 13issue regulations on the scope and methods for such invasives removal, including standards to |
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43 | 43 | | 14minimize disturbance to soils and native plants and wildlife, requirements for notification to |
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44 | 44 | | 15conservation commissions, and the competency of individuals performing such work. |
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45 | 45 | | 16 SECTION 3. Notwithstanding any special or general law to the contrary, the secretary of |
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46 | 46 | | 17energy and environmental affairs shall undertake a Wetlands Restoration Streamlining Initiative |
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47 | 47 | | 18to improve the efficiency and reduce permitting and monitoring costs for ecological restoration |
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48 | 48 | | 19projects as defined in 310 CMR 10.04. This initiative shall include a review of laws and |
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49 | 49 | | 20regulations governing projects in wetlands or waterways including, but not limited to, those |
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50 | 50 | | 21overseen by the environmental policy act office, department of environmental protection, office |
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51 | 51 | | 22of coastal zone management, division of fisheries and wildlife, natural heritage and endangered |
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52 | 52 | | 23species program, division of marine fisheries, and division of ecological restoration. The review |
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53 | 53 | | 24shall solicit input from experts and restoration practitioners. Not later than 12 months following |
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54 | 54 | | 25the passage of this act, the secretary shall issue a report with recommendations for legislative and |
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55 | 55 | | 26regulatory amendments to reduce the time, complexity, and costs of permitting ecological |
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56 | 56 | | 27restoration projects, and maintaining important habitat. |
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57 | 57 | | 28 SECTION 4. (a) The executive office of energy and environmental affairs shall establish |
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58 | 58 | | 29a pilot program for research activities and demonstration projects for nature-based solutions, as |
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59 | 59 | | 30defined in section 1 of chapter 21N of the General Laws. The program shall: (i) define categories |
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60 | 60 | | 31of nature-based solutions and develop standards for their use; (ii) coordinate, streamline and |
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61 | 61 | | 32expedite the permitting and review process for activities and projects; and (iii) prioritize |
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62 | 62 | | 33activities and projects that advance scientific knowledge, provide conservation benefits, and |
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63 | 63 | | 34minimize impacts to existing wetlands. The secretary of energy and environmental affairs and 3 of 3 |
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64 | 64 | | 35commissioners/directors of permitting agencies may modify specific performance standards for |
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65 | 65 | | 36nature-based solutions. |
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66 | 66 | | 37 (b) The pilot program shall commence upon the effective date of this Act and operate for |
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67 | 67 | | 385 years. Not later than one year from the effective date of this Act, and annually thereafter, the |
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68 | 68 | | 39secretary shall file a report with the clerks of the senate and house of representatives and the joint |
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69 | 69 | | 40committee on environment and natural resources that: (i) details the categories of nature-based |
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70 | 70 | | 41solutions; (ii) analyzes the approval time for all permits required for each approved research |
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71 | 71 | | 42activity or demonstration project; (iii) specifies any specific performance standards modified for |
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72 | 72 | | 43each approved research activity or project; and (iv) provides data about the effectiveness of each |
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73 | 73 | | 44approved research activity or project. |
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