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| 2 | 2 | | HOUSE DOCKET, NO. 1294 FILED ON: 1/14/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1310 |
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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 | | Lindsay N. Sabadosa |
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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 to incentivize the adoption of local climate resilience policies. |
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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:Lindsay N. Sabadosa1st Hampshire1/14/2025 1 of 8 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1294 FILED ON: 1/14/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1310 |
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| 18 | 18 | | By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1310) |
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| 19 | 19 | | of Lindsay N. Sabadosa relative to the adoption of local climate resilience policies. Financial |
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| 20 | 20 | | Services. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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| 24 | 24 | | (2025-2026) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act to incentivize the adoption of local climate resilience policies. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 Chapter 21N of the General Laws is hereby amended by inserting the following new |
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| 30 | 30 | | 2section:- |
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| 31 | 31 | | 3 Section 12. (a) As used in this section, the following word shall have the following |
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| 32 | 32 | | 4meanings: |
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| 33 | 33 | | 5 “Program”, the municipal vulnerability preparedness plus grant program, or MVP plus |
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| 34 | 34 | | 6program, established in this section. |
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| 35 | 35 | | 7 (b) The secretary shall develop and support a municipal vulnerability preparedness plus |
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| 36 | 36 | | 8grant program, to be known as the MVP plus program. Municipalities that are certified as MVP |
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| 37 | 37 | | 9plus communities shall annually receive a share of the funds deposited into the Municipal |
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| 38 | 38 | | 10Vulnerability Preparedness Trust Fund. Municipalities shall use their share of the funds for |
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| 39 | 39 | | 11climate resilience projects approved by the executive office or to hire personnel who implement |
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| 40 | 40 | | 12and manage climate resilience and sustainability projects; provided, that the project approval 2 of 8 |
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| 41 | 41 | | 13process shall be designed to minimize burdens on municipalities and that projects not approved |
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| 42 | 42 | | 14or denied within 30 days shall be deemed approved; provided further, that municipalities may |
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| 43 | 43 | | 15use funds for regional projects or for personnel shared with one or more other municipalities; and |
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| 44 | 44 | | 16provided further, that municipalities may use funds to contract with regional planning |
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| 45 | 45 | | 17agencies,nonprofit watershed associations, or other nonprofit entities for the management of |
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| 46 | 46 | | 18regional projects. |
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| 47 | 47 | | 19 The executive office shall establish a formula for the disbursement of funds from the |
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| 48 | 48 | | 20Municipal Vulnerability Preparedness Trust Fund to MVP plus-certified communities. Variables |
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| 49 | 49 | | 21and weighted proportions of the formula shall include, but not be limited to: (i) the road mileage |
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| 50 | 50 | | 22within the municipality; (ii) the total population of the municipality; (iii) the total number of |
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| 51 | 51 | | 23employed individuals within the borders of the municipality; (iv) the Centers for Disease Control |
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| 52 | 52 | | 24and Prevention’s Social Vulnerability Index scores for census tracts within the municipality; and |
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| 53 | 53 | | 25(v) the proportion of the municipality that lies within an area that is designated as a special flood |
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| 54 | 54 | | 26hazard area by the Federal Emergency Management Agency, or the proportion of the |
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| 55 | 55 | | 27municipality that is vulnerable to flooding according to a different measure approved by the |
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| 56 | 56 | | 28secretary that is at least as inclusive as the special flood hazard area designation. |
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| 57 | 57 | | 29 (c) Municipalities seeking designation as an MVP plus community shall file an |
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| 58 | 58 | | 30application in a form and manner to be prescribed by secretary. To qualify as a MVP plus |
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| 59 | 59 | | 31community, a municipality shall: (1) complete the community-led resilience building process and |
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| 60 | 60 | | 32vulnerability assessment described in section 11 of this chapter; (2) adopt the specialized stretch |
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| 61 | 61 | | 33resilience code; and (3) adopt at least 4 of the following 6 policies and programs: 3 of 8 |
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| 62 | 62 | | 34 (i) a stormwater utility program to fund upgrades to stormwater infrastructure and other |
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| 63 | 63 | | 35projects that mitigate flooding and protect natural bodies of water; |
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| 64 | 64 | | 36 (ii) a program establishing climate resilience hubs, or participation in multi-community |
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| 65 | 65 | | 37climate resilience hubs, located in buildings including but not limited to schools, libraries, and |
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| 66 | 66 | | 38community centers, to educate residents about extreme weather preparedness and the impacts of |
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| 67 | 67 | | 39climate change and to provide shelter and assistance during weather-related emergencies; |
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| 68 | 68 | | 40 (iii) a policy for the use of green infrastructure in appropriate public works and public |
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| 69 | 69 | | 41infrastructure projects and a requirement that municipal employees who participate in the |
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| 70 | 70 | | 42planning and design of public works and public infrastructure projects participate in a green |
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| 71 | 71 | | 43infrastructure training program approved or designed by the secretary that includes at least 35 |
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| 72 | 72 | | 44hours of training on subjects including nature-based stormwater management practices and |
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| 73 | 73 | | 45nature-based climate resilience strategies; provided, that members of local planning boards, |
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| 74 | 74 | | 46conservation commissions, or other public bodies that participate in the planning and design of |
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| 75 | 75 | | 47public works and public infrastructure projects but who are not full-time municipal employees |
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| 76 | 76 | | 48may participate in an abbreviated green infrastructure training program approved or designed by |
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| 77 | 77 | | 49the secretary that includes 5 hours of such training; |
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| 78 | 78 | | 50 (iv) a floodplain overlay district that covers special flood hazard areas designated by the |
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| 79 | 79 | | 51Federal Emergency Management Agency and other areas designated by the municipality that are |
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| 80 | 80 | | 52projected to become vulnerable to flooding due to climate change and that imposes restrictions |
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| 81 | 81 | | 53on construction, significant renovation, dumping, and filling that are designed to protect human |
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| 82 | 82 | | 54life and property from the hazards of periodic flooding, preserve the natural flood control 4 of 8 |
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| 83 | 83 | | 55characteristics and the flood storage capacity of the floodplain, and preserve and maintain the |
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| 84 | 84 | | 56groundwater table and water recharge areas within the floodplain; |
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| 85 | 85 | | 57 (v) a tree ordinance or by-law that (A) requires the planting of trees to provide adequate |
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| 86 | 86 | | 58shade to large paved areas such as parking lots; and (B) designates trees with a diameter at breast |
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| 87 | 87 | | 59height of 8 or more inches as protected trees and prohibits the removal of protected trees under |
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| 88 | 88 | | 60circumstances designated by the ordinance or by-law, unless the applicant plants native |
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| 89 | 89 | | 61replacement trees or makes a contribution to a municipal tree preservation fund that is used to |
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| 90 | 90 | | 62plant and care for trees; provided, that the ordinance or by-law shall require an applicant who |
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| 91 | 91 | | 63plants native replacement trees to consult the municipal tree warden about which species of tree |
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| 92 | 92 | | 64are suitable for planting and which locations are optimal for planting; and |
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| 93 | 93 | | 65 (vi) an ordinance that, whenever permits require an analysis involving precipitation, |
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| 94 | 94 | | 66requires the use of National Oceanic and Atmospheric Administration Atlas 14 precipitation |
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| 95 | 95 | | 67estimates or the best available forward-looking precipitation estimates, as determined by the |
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| 96 | 96 | | 68secretary. |
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| 97 | 97 | | 69 (d) The executive office shall be responsible for the administration and oversight of the |
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| 98 | 98 | | 70MVP plus program, including by: (1) adopting rules, regulations and guidelines for the |
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| 99 | 99 | | 71administration and enforcement of this section, including, but not limited to, establishing |
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| 100 | 100 | | 72application forms and procedures; (2) developing and disseminating model ordinances and by- |
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| 101 | 101 | | 73laws that meet the requirements described in subsection (c) and making them available to public |
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| 102 | 102 | | 74on the executive office’s website; and (3) submitting an annual report by September 1 to the |
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| 103 | 103 | | 75clerks of the senate and the house of representatives detailing the municipalities participating in |
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| 104 | 104 | | 76the program, the expenditures of the program, and the projects supported by the program. 5 of 8 |
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| 105 | 105 | | 77 SECTION 2. Chapter 29 of the General Laws, as amended by section 13 of chapter 358 |
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| 106 | 106 | | 78of the acts of 2020, is hereby amended by inserting the following section:- |
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| 107 | 107 | | 79 Section 2PPPPPP. (a) There shall be established and set upon the books of the |
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| 108 | 108 | | 80commonwealth a separate fund to be known as the Municipal Vulnerability Preparedness Trust |
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| 109 | 109 | | 81Fund. The secretary of energy and environmental affairs shall administer the fund. |
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| 110 | 110 | | 82Notwithstanding any general or special law to the contrary, there shall be credited to the fund |
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| 111 | 111 | | 83any revenue subject to appropriations or other money authorized by the general court and |
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| 112 | 112 | | 84specifically designated to be credited to the fund and any gifts, grants, private contributions, |
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| 113 | 113 | | 85investment income earned by the fund’s assets and any designated funds from other sources. No |
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| 114 | 114 | | 86expenditures from the fund shall cause the fund to be in deficiency at the close of the fiscal year. |
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| 115 | 115 | | 87All available monies in the trust fund that are unexpended at the end of each fiscal year shall not |
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| 116 | 116 | | 88revert to the General Fund, shall be available for expenditure in the subsequent fiscal year, and |
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| 117 | 117 | | 89shall not be subject to section 5C; provided, that at least 50 percent of the funds deposited into |
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| 118 | 118 | | 90the fund each fiscal year shall be disbursed according to the formula established pursuant to |
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| 119 | 119 | | 91subsection (b) of section 12 of chapter 21N and remaining funds may be used for the grant |
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| 120 | 120 | | 92program established in section 11 of chapter 21N. |
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| 121 | 121 | | 93 Section 2 of chapter 21A of the General Laws, as so appearing, is hereby amended by |
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| 122 | 122 | | 94inserting after clause (30) the following clause: |
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| 123 | 123 | | 95 (31) develop and promulgate, in consultation with the executive office of housing and |
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| 124 | 124 | | 96economic development and the board of building regulations and standards, as an appendix to |
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| 125 | 125 | | 97the state building code and to the state residential code, a municipal opt-in specialized stretch |
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| 126 | 126 | | 98resilience code that incorporates forward-looking data on climate risks including, but not limited 6 of 8 |
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| 127 | 127 | | 99to, inland and coastal flooding, extreme temperatures, wind, and changes in precipitation patterns |
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| 128 | 128 | | 100and that is more stringent than the most recent edition of the international building code and |
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| 129 | 129 | | 101international residential code. The code shall include, at a minimum, the following provisions |
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| 130 | 130 | | 102that go beyond those in the most recent edition of the state building code: (i) requirements as to |
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| 131 | 131 | | 103freeboard and elevation above base flood elevation based on forward-looking climate data and |
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| 132 | 132 | | 104future flood risks; (ii) requirements as to the location of utilities and other critical infrastructure |
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| 133 | 133 | | 105within a structure; (iii) requirements as to wet and dry flood proofing of a structure; (iv) |
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| 134 | 134 | | 106requirements as to habitable space and uses of a structure; (v) requirements as to points of |
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| 135 | 135 | | 107ingress and egress; (vi) requirements as to ability to withstand extreme winds; and (vii) |
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| 136 | 136 | | 108requirements as to ability to withstand extreme temperatures. The code shall also include any |
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| 137 | 137 | | 109further language that is required to adequately prepare construction for future climate impacts |
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| 138 | 138 | | 110including from wind, extreme temperature, and flooding. |
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| 139 | 139 | | 111 SECTION 4. The secretary of the executive office of energy and environmental affairs |
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| 140 | 140 | | 112shall form and consult with an advisory committee in the development of the municipal opt-in |
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| 141 | 141 | | 113specialized stretch resilience code. The advisory committee shall consist of at least 17 members |
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| 142 | 142 | | 114who shall include: the secretary of energy and environmental affairs or a designee, the chair of |
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| 143 | 143 | | 115the board of building regulations and standards or a designee, the secretary of the executive |
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| 144 | 144 | | 116office of housing and economic development or a designee, the commissioner of public health or |
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| 145 | 145 | | 117a designee, the director of the Massachusetts emergency management agency or a designee, the |
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| 146 | 146 | | 118director of the office of coastal zone management or a designee, 1 representative from an |
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| 147 | 147 | | 119organization that represents or serves an environmental justice community, 1 representative from |
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| 148 | 148 | | 120an affordable housing organization, 1 representative from a regional planning organization, 1 |
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| 149 | 149 | | 121member with professional expertise in climate science and data, 1 member who is a professional 7 of 8 |
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| 150 | 150 | | 122planner with experience in climate adaptation and resilience, 1 member who is a certified |
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| 151 | 151 | | 123building inspector in a city or town, 1 member who is a municipal planner, 1 member who is a |
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| 152 | 152 | | 124certified civil engineer, 1 member who is a certified coastal engineer, 1 representative from the |
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| 153 | 153 | | 125insurance industry, and 1 representative from the real estate development industry. The advisory |
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| 154 | 154 | | 126committee shall be formed within 3 months of the effective date of this act and shall produce |
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| 155 | 155 | | 127recommendations on requirements for the code within 12 months of the effective date of this act. |
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| 156 | 156 | | 128The stretch resilience code shall be promulgated not later than 18 after the effective date of this |
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| 157 | 157 | | 129act. The secretary shall, in consultation with the board of building regulations and standards, |
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| 158 | 158 | | 130periodically review and update the stretch resilience code. |
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| 159 | 159 | | 131 SECTION 5. Section 96 of chapter 143, as so appearing, is hereby amended by striking |
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| 160 | 160 | | 132the second paragraph and inserting in place thereof the following:- |
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| 161 | 161 | | 133 For the purposes of this section, “specialized codes” shall include, but not be limited to, |
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| 162 | 162 | | 134the specialized stretch energy code developed and promulgated by the department of energy |
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| 163 | 163 | | 135resources, the specialized stretch resilience code developed and promulgated by the secretary of |
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| 164 | 164 | | 136energy and environmental affairs, the state plumbing code, electrical code, architectural barriers |
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| 165 | 165 | | 137regulations, fire safety code, fire prevention regulations, sheet metal regulations and elevator |
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| 166 | 166 | | 138regulations. |
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| 167 | 167 | | 139 SECTION 6. Section 100 of said chapter 143, as so appearing, is hereby amended by |
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| 168 | 168 | | 140striking the second paragraph and inserting in place thereof the following:- |
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| 169 | 169 | | 141 Whoever is aggrieved by an interpretation, order, requirement, direction or failure to act |
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| 170 | 170 | | 142by any state or local agency or any person or state or local agency charged with the |
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| 171 | 171 | | 143administration or enforcement of the state building code or any of its rules and regulations, 8 of 8 |
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| 172 | 172 | | 144except any specialized codes as described in section 96, other than the specialized stretch energy |
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| 173 | 173 | | 145code developed and promulgated by the department of energy resources and the specialized |
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| 174 | 174 | | 146stretch resilience code developed and promulgated by the secretary of energy and environmental |
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| 175 | 175 | | 147affairs, may within forty-five days after the service of notice thereof appeal from such |
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| 176 | 176 | | 148interpretation, order, requirement, direction, or failure to act to the appeals board. Appeals |
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| 177 | 177 | | 149hereunder shall be on forms provided by the appeals board and shall be accompanied by such fee |
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| 178 | 178 | | 150as said appeals board may determine. |
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