Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H901 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 2707 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 901
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Natalie M. Blais and Samantha Montaño
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 providing nature for all.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Blais1st Franklin1/16/2025Samantha Montaño15th Suffolk1/25/2025Mindy Domb3rd Hampshire1/25/2025Kristin E. Kassner2nd Essex1/25/2025David Paul Linsky5th Middlesex1/25/2025Carmine Lawrence Gentile13th Middlesex1/25/2025Lindsay N. Sabadosa1st Hampshire1/25/2025Brian W. Murray10th Worcester1/25/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/2/2025Natalie M. Higgins4th Worcester2/2/2025James K. Hawkins2nd Bristol2/2/2025Sean Garballey23rd Middlesex2/2/2025Erika Uyterhoeven27th Middlesex2/2/2025Paul McMurtry11th Norfolk2/6/2025Rodney M. Elliott16th Middlesex2/6/2025Angelo J. Puppolo, Jr.12th Hampden2/6/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/6/2025James B. EldridgeMiddlesex and Worcester2/8/2025 2 of 2
16	16	Jennifer Balinsky Armini8th Essex2/12/2025James C. Arena-DeRosa8th Middlesex2/12/2025Jason M. LewisFifth Middlesex2/24/2025Marjorie C. Decker25th Middlesex2/24/2025Vanna Howard17th Middlesex2/24/2025Christine P. Barber34th Middlesex2/24/2025Kate Donaghue19th Worcester2/24/2025David T. Vieira3rd Barnstable2/24/2025James Arciero2nd Middlesex2/24/2025Manny Cruz7th Essex3/3/2025William F. MacGregor10th Suffolk3/3/2025Mary S. Keefe15th Worcester3/5/2025Steven Owens29th Middlesex3/5/2025Adrianne Pusateri Ramos14th Essex3/6/2025Jay D. Livingstone8th Suffolk3/6/2025Adrian C. Madaro1st Suffolk3/12/2025 1 of 6
17	17	HOUSE DOCKET, NO. 2707 FILED ON: 1/16/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 901
19	19	By Representatives Blais of Deerfield and Montaño of Boston, a petition (accompanied by bill,
20	20	House, No. 901) of Natalie M. Blais, Samantha Montaño and others for legislation to provide
21	21	funds for conserving and improving natural and working lands. Environment and Natural
22	22	Resources.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act providing nature for all.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Chapter 29 of the General Laws, as appearing in the 2022 Official Edition, is hereby
32	32	2amended by adding the following section:
33	33	3 Section 2EEEEEE. (a) In order to deliver nature-based solutions to climate change,
34	34	4protect biodiversity, and ensure equitable access to nature, there shall be established and set up
35	35	5on the books of the commonwealth a separate fund to be known as the Nature for All Fund,
36	36	6which shall be used exclusively for conserving and improving natural and working lands as
37	37	7defined in section 1 of chapter 21N.
38	38	8 The executive office of energy and environmental affairs shall make expenditures from
39	39	9the Nature for All Fund for the following purposes: (i) the creation and improvement of parks,
40	40	10greenspaces, trails, and outdoor recreation access, especially those in underserved
41	41	11neighborhoods; (ii) the conservation or restoration of land to protect drinking water and the 2 of 6
42	42	12quality of streams, rivers, lakes and coasts; (iii) the conservation or restoration of farms, forests,
43	43	13and other land to advance statewide biodiversity goals, climate goals, natural and working lands
44	44	14goals, resiliency goals, and environmental justice goals; (iv) the conservation of land parcels to
45	45	15provide connectivity between open spaces; (v) the conservation and restoration of lands of
46	46	16indigenous cultural significance and the restoration of access for indigenous people; and (vi) the
47	47	17provision of ongoing stewardship, outdoor recreation access, and management of such resources.
48	48	18 (b) Municipalities, regional municipal partnerships, regional planning bodies, watershed
49	49	19associations, land trusts, conservation organizations, state agencies, tribal authorities, and other
50	50	20non-profit organizations shall be lawful recipients of such expenditures.
51	51	21 (c) There shall be credited to the fund all monies received by the commonwealth from the
52	52	22receipts from sales and use of goods and services classified under the 2022 revision of the North
53	53	23American Industry Classification Codes 459110, 441210, and 713910 under chapter 64H;
54	54	24provided that in the event such codes are changed, that successor codes shall be used; and
55	55	25provided further, such amount shall not include any portion of the taxes that constitute special
56	56	26receipts within the meaning of subsection (b 1/2) of section 10 of chapter 152 of the acts of 1997.
57	57	27 The amount credited to the fund under this subsection shall be net of the dedicated sales
58	58	28tax revenue amount transferred to the Massachusetts Bay Transportation Authority State and
59	59	29Local Contribution Fund under section 35T of chapter 10 and to the School Modernization and
60	60	30Reconstruction Trust Fund under section 35BB of said chapter 10. The fund may accept public
61	61	31and private gifts, grants and donations to further the purposes of this section, and any other
62	62	32monies credited to or transferred from any other source pursuant to state law. 3 of 6
63	63	33 The fund shall be used for expenditures related to the conservation and improvement of
64	64	34natural and working lands by the executive office of energy and environmental affairs, subject to
65	65	35the provisions of subsection (a) and subsection (d), including to pay or reimburse the General
66	66	36Fund for payment of debt service on bonds issued by, or otherwise payable under a lease or other
67	67	37contract assistance agreement by the commonwealth for land protection purposes.
68	68	38 (d) There shall be a 15-member board called the nature for all board comprised of the
69	69	39secretary of energy and environmental affairs, commissioner of fish and game, the commissioner
70	70	40of conservation and recreation, the secretary of housing and livable communities, and the climate
71	71	41chief, and ten members of the public to be appointed by the Governor, hereinafter called the
72	72	42board. The ten public members shall include representatives of underserved communities and
73	73	43indigenous people, and people with expertise or experience in the purposes listed in section (a).
74	74	44The executive office of energy and environmental affairs shall hire staff necessary to manage the
75	75	45fund and expenditures from the fund, provided that such additional staff may be funded through
76	76	46the fund. The board shall approve regulations for expenditures from the nature for all fund by
77	77	47the executive office of energy and environmental affairs, including, but not limited to: (i)
78	78	48requirements for land conservation in environmental justice neighborhoods; (ii) requirements for
79	79	49access and restoration of indigenous land, (iii) guidelines to promote conservation in concert
80	80	50with affordable housing development; (iv) the scope and prioritization of bonds issued pursuant
81	81	51to this section; and (v) prioritization of programs based on progress towards the state goals
82	82	52enumerated in section (c)(3). The board shall have the authority to approve expenditures made
83	83	53from the fund.
84	84	54 (e) The executive office of energy and environmental affairs shall not make expenditures
85	85	55in accordance with this section that result in, or supplant, a year-over-year decrease in bond cap 4 of 6
86	86	56spending or program investments made pursuant to its five-year rolling capital plan. The board
87	87	57shall promulgate limits on the amount of expenditures may be made from the trust fund to
88	88	58supplement existing capital programs.
89	89	59 (f) The executive office of energy and environmental affairs shall submit annually to the
90	90	60board, the Environmental Justice Council established in section 62L of chapter 30, the House and
91	91	61Senate Committees on Ways & Means, and the Joint Committee on Environment & Natural
92	92	62Resources a report of the proportion of funds expended from the Nature for All Fund that are
93	93	63dedicated to the acquisition or improvement of land in cities or towns containing environmental
94	94	64justice populations as defined in section 62 of chapter 30.
95	95	65 (g) When authorized by a vote taken by the yeas and nays of two-thirds of each house of
96	96	66the general court present and voting on such authorization, the state treasurer, upon the request of
97	97	67the governor, may issue bonds of the commonwealth as hereinafter provided. Any such bonds
98	98	68shall be special obligations of the commonwealth payable solely from monies credited to the
99	99	69Nature for All Trust Fund established in this section; provided, however, that notwithstanding
100	100	70any general or special law to the contrary, such bonds shall not be general obligations of the
101	101	71commonwealth. Bonds may be issued in such manner and on such terms and conditions as the
102	102	72state treasurer may determine in accordance with this paragraph and, to the extent not
103	103	73inconsistent with this paragraph, the General Laws for the issuance of bonds of the
104	104	74commonwealth. Bonds may be secured by a trust agreement entered into by the state treasurer,
105	105	75with the concurrence of the secretary of administration and finance and the secretary of energy
106	106	76and environmental affairs, on behalf of the commonwealth, which trust agreement may pledge or
107	107	77assign all or any part of monies credited to the Nature for All Trust Fund and rights to receive the
108	108	78same, whether existing or coming into existence and whether held or thereafter acquired, and the 5 of 6
109	109	79proceeds thereof. The state treasurer may, with the concurrence of the secretary of administration
110	110	80and finance and the secretary of energy and environmental affairs, enter into additional security,
111	111	81insurance or other forms of credit enhancement which may be secured on a parity or subordinate
112	112	82basis with the bonds. A pledge in any such trust agreement or credit enhancement agreement
113	113	83shall be valid and binding from the time such pledge shall be made without any physical delivery
114	114	84or further act, and the lien of such pledge shall be valid and binding against all parties having
115	115	85claims of any kind in tort, contract or otherwise, whether such parties have notice thereof or not.
116	116	86Any such pledge shall be perfected by filing of the trust agreement or credit enhancement
117	117	87agreement in the records of the state treasurer and no filing need be made under chapter 106.
118	118	88Any such trust agreement or credit enhancement agreement may establish provisions defining
119	119	89defaults and establishing remedies and other matters relating to the rights and security of the
120	120	90holders of the bonds or other secured parties as determined by the state treasurer, including
121	121	91provisions relating to the establishment of reserves, the issuance of additional or refunding
122	122	92bonds, whether or not secured on a parity basis, the application of receipts, monies or funds
123	123	93pledged pursuant to such agreement, the regulation of the custody, investment and application of
124	124	94monies and such other matters deemed necessary or desirable by the state treasurer for the
125	125	95security of such bonds. Any such bonds shall be deemed to be investment securities under
126	126	96chapter 106, securities in which any public officer, fiduciary, insurance company, financial
127	127	97institution or investment company may properly invest funds and securities which may be
128	128	98deposited with any public custodian for any purpose for which the deposit of bonds is authorized
129	129	99by law. Any such bonds, the transfer of such bonds and the income from such bonds, including
130	130	100profit on the sale of such bonds, shall at all times be exempt from taxation by and within the
131	131	101commonwealth. 6 of 6
132	132	102 The provisions of this section relating to bonds shall also be applicable to the issuance of
133	133	103notes insofar as such provisions may be appropriate for such notes.
134	134	104 In order to increase the marketability of any such bonds or notes issued by the
135	135	105commonwealth and in consideration of the acceptance of payment for any such bonds or notes,
136	136	106the commonwealth covenants with the purchasers and all subsequent holders and transferees of
137	137	107any such bonds or notes that while any such bond or note shall remain outstanding, and so long
138	138	108as the principal of or interest on any such bond or note shall remain unpaid: (i) no pledged funds
139	139	109shall be diverted from the Nature for All Trust Fund; (ii) in any fiscal year of the commonwealth
140	140	110and until an appropriation has been made which is sufficient to pay the principal, including
141	141	111sinking fund payments, of and interest on all such bonds and notes of the commonwealth and to
142	142	112provide for or maintain any reserves, additional security, insurance or other forms of credit
143	143	113enhancement required or provided for in any trust agreement securing any such bonds or notes,
144	144	114no pledged funds shall be applied to any other use; and (iii) so long as such revenues are
145	145	115necessary, as determined by the state treasurer in accordance with any applicable trust agreement
146	146	116or credit enhancement agreement, for the purposes for which they have been pledged, and
147	147	117notwithstanding any general or special law to the contrary, the rates of the excises imposed in
148	148	118chapters 64H shall not be reduced below the amount in effect at the time of issuance of any such
149	149	119bond or note.
150	150	120