Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H934 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3738 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 934
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kate Donaghue
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 creating special funds for the division of fisheries and wildlife.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Donaghue19th Worcester1/17/2025 1 of 4
16	16	HOUSE DOCKET, NO. 3738 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 934
18	18	By Representative Donaghue of Westborough, a petition (accompanied by bill, House, No. 934)
19	19	of Kate Donaghue for legislation to create wildlife and natural heritage mitigation funds within
20	20	the Division of Fisheries and Wildlife. Environment and Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act creating special funds for the division of fisheries and wildlife.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 131 of the General Laws, as appearing in the 2022 Official Edition,
30	30	2is hereby amended by adding the following section:-
31	31	3 Section 2D. There shall be established and set up on the books of the commonwealth a
32	32	4separate, non-budgeted special revenue fund to be known as the MassWildlife Inland Fisheries
33	33	5and Wildlife Mitigation and Enhancement Fund, which shall be administered by the director of
34	34	6the division of fisheries and wildlife. There shall be credited into the fund revenues or other
35	35	7financing sources directed to the fund by appropriation or other monies authorized by the general
36	36	8court and specifically designated to be credited to the fund, monies received on account of
37	37	9certifications, permits, licenses, authorizations, approvals, judgments, and agreements to address
38	38	10adverse impacts to inland fish and wildlife resources, any income derived from the investment of
39	39	11amounts credited to the fund and monies from the repayment of loans from the fund, funds from
40	40	12public or private sources including, but not limited to, gifts, federal, state, or private grants, 2 of 4
41	41	13donations, rebates and settlements received by the commonwealth that are specifically
42	42	14designated to be credited to the fund and all other amounts credited or transferred into the fund
43	43	15from any other source. The amounts credited to the fund shall be expended, without further
44	44	16appropriation, for the purposes of protecting, mitigating damages to, studying and enhancing
45	45	17inland fish and wildlife resources, in accordance with the terms of the certifications, permits,
46	46	18licenses, authorizations, approvals, judgments, or agreements for which such amounts were
47	47	19received.
48	48	20 Any unexpended balance in the fund at the end of a fiscal year shall remain in the fund
49	49	21and available for expenditure in subsequent fiscal years and shall not revert to the general fund.
50	50	22The state treasurer shall not deposit or transfer any amounts credited to the fund to the General
51	51	23Fund or to any other fund other than the MassWildlife Inland Fisheries and Wildlife Mitigation
52	52	24and Enhancement Fund. The director of the division of fisheries and wildlife shall not make
53	53	25expenditures from this fund or take any other action so as to cause the fund to be deficient at any
54	54	26point during the fiscal year. The state treasurer shall receive and deposit all revenues transmitted
55	55	27to the state treasurer under the provisions of this section in such manner that will ensure the
56	56	28highest rate of interest available consistent with the safety of the fund, and in an account from
57	57	29which amounts may be withdrawn at any time without penalty for such withdrawal, all interest
58	58	30accrued shall be deposited into the fund.
59	59	31 SECTION 2. Chapter 131A of the General Laws, as appearing in the 2022 Official
60	60	32Edition, is hereby amended by adding the following section:-
61	61	33 Section 8. There shall be established and set up on the books of the commonwealth a
62	62	34separate, non-budgeted special revenue fund to be known as the Natural Heritage Mitigation 3 of 4
63	63	35Fund, which shall be administered by the director of the division of fisheries and wildlife acting
64	64	36through the natural heritage and endangered species program. There shall be credited into the
65	65	37fund revenues or other financing sources directed to the fund by appropriation or other monies
66	66	38authorized by the general court and specifically designated to be credited to the fund, monies
67	67	39required by the conditions of conservation and management permits issued pursuant to chapter
68	68	40131A, monies received on account of certifications, permits, licenses, authorizations, approvals,
69	69	41judgments, and agreements to address unavoidable adverse impacts to a species, any income
70	70	42derived from the investment of amounts credited to the fund and monies from the repayment of
71	71	43loans from the fund, funds from public or private sources including, but not limited to, gifts,
72	72	44federal, state, or private grants, donations, rebates and settlements received by the
73	73	45commonwealth that are specifically designated to be credited to the fund and all other amounts
74	74	46credited or transferred into the fund from any other source. The amounts credited to the fund
75	75	47shall be expended, without further appropriation, for the purposes of mitigating adverse impacts
76	76	48to endangered, threatened, and special concern species, including but not limited to, habitat
77	77	49management, research and the protection of land, and in accordance with the terms of the
78	78	50certifications, permits, licenses, authorizations, approvals, judgments, or agreements for which
79	79	51such amounts were received.
80	80	52 Any unexpended balance in the fund at the end of a fiscal year shall remain in the fund
81	81	53and available for expenditure in subsequent fiscal years and shall not revert to the general fund.
82	82	54The state treasurer shall not deposit or transfer any amounts credited to the fund to the general
83	83	55fund or to any other fund other than the Natural Heritage Mitigation Fund. The director of the
84	84	56division of fisheries and wildlife shall not make expenditures from this fund or take any other
85	85	57action so as to cause the fund to be deficient at any point during the fiscal year, nor shall these 4 of 4
86	86	58funds be used for operating the natural heritage endangered species program. The state treasurer
87	87	59shall receive and deposit all revenues transmitted to the state treasurer under the provisions of
88	88	60this section in such manner that will ensure the highest rate of interest available consistent with
89	89	61the safety of the fund, and in an account from which amounts may be withdrawn at any time
90	90	62without penalty for such withdrawal, all interest accrued shall be deposited into the fund. In the
91	91	63event that the fund established by this section is dissolved, all funds then remaining shall be
92	92	64deposited into the Natural Heritage and Endangered Species Fund established pursuant to section
93	93	6535D of chapter 10, to be used for the purposes described in this section.