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HOUSE DOCKET, NO. 2202 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 952
The Commonwealth of Massachusetts
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PRESENTED BY:
Carmine Lawrence Gentile
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to watershed forest protection.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Carmine Lawrence Gentile13th Middlesex1/15/2025Lindsay N. Sabadosa1st Hampshire1/23/2025James Arciero2nd Middlesex2/21/2025James C. Arena-DeRosa8th Middlesex3/6/2025Joanne M. ComerfordHampshire, Franklin and Worcester3/12/2025James K. Hawkins2nd Bristol1/23/2025Patrick Joseph Kearney4th Plymouth1/28/2025David Paul Linsky5th Middlesex2/18/2025 1 of 6
HOUSE DOCKET, NO. 2202 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 952
By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 952) of
Carmine Lawrence Gentile and others relative to watershed forest protection. Environment and
Natural Resources.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to watershed forest protection.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 92A1/2 of the General Laws is hereby amended by replacing
2Section 2 with the following-
3 Division of water supply protection.
4 There shall be within the department a division of water supply protection which shall be
5subject to chapter 737 of the acts of 1972. The division shall construct, maintain and operate a
6system of watersheds, reservoirs, water rights and rights in sources of water supply, shall supply
7thereby a sufficient supply of pure water to the Massachusetts Water Resources Authority, and
8shall utilize and conserve said water and other natural resources in order to protect, preserve and
9enhance the environment of the commonwealth and to assure the availability of pure water for
10future generations. The division shall maintain a visitors' informational center at the Quabbin
11reservation. All records pertaining to the history of the Swift River and Ware River Valleys, land
12takings therein, Quabbin Reservoir construction and matters regarding the 4 discontinued towns 2 of 6
13and extant adjacent communities shall remain accessible to the public at the Quabbin Reservoir
14administrative facilities in Belchertown, Massachusetts.
15 The division of water supply protection shall be under the administrative supervision of a
16director, who shall be called the director of water supply protection. The director shall be
17responsible for the watershed system formerly under the care, custody and control of the division
18of watershed management of the metropolitan district commission, and the watershed system
19formerly under the care, custody and control of the division of water resources of the department
20of environmental management.
21 All watershed lands owned by the Commonwealth shall be designated as Parks or
22Reserves.
23 SECTION 2. Chapter 92A½ of the General Laws is hereby amended in Section 1 by
24inserting the following-
25 “Park”, an area which conserves unique natural and cultural values while focusing on the
26provision of recreation or facilities maintenance. Parks may have existing modified environments
27where use is intensively managed. The timber and other natural resources in Parks shall not be
28sold, removed, or destroyed. Vegetation management shall be allowed to ensure public health
29and safety; support recreational use; provide fire protection and prevention; remove invasive
30species or pests; maintain or restore recreation sites; restore or protect natural vegetation
31communities; maintain or stabilize soils, roads and trails, scenic vistas, agricultural fields, lawns,
32turfs, and greens; or meet other regulatory requirements. The application of pesticides or
33herbicides shall not be permitted unless there is a clear threat to public health and safety, as
34determined by the Massachusetts Department of Public Health. 3 of 6
35 "Reserve", an area permanently protected to allow natural processes to prevail with
36minimal human interference, which conserves intact ecosystems with the goals of ensuring the
37recovery and protection of mature and old growth forest ecosystems, maintenance of connected
38habitat blocks and species movement corridors to promote ecosystem resilience, conservation of
39habitat for threatened and endangered species, long‐term carbon sequestration and storage,
40nutrient cycling and soil formation, preservation of reference sites for scientific research,
41comparative studies, and long-term monitoring, and opportunities for wild land recreation. No
42timber or other natural resources shall be sold, removed, or destroyed, provided that active
43management shall be allowed in circumstances where it is proven that such action is necessary to
44control erosion and stabilize soils; for invasive species management, to maintain existing
45agricultural fields, vistas, and hiking trails; or for public health, safety and welfare. Creation of
46new fields, vistas, and wildlife openings is prohibited. The application of pesticides or herbicides
47shall not be permitted unless there is a clear threat to public health and safety, as determined by
48the Massachusetts Department of Public Health.
49 SECTION 3. Chapter 92A½ of the General Laws is hereby amended in Section 2 by
50inserting the following- The secretary of the Executive Office of Energy and Environmental
51Affairs shall create a “Reserves Scientific Advisory Council,” hereinafter referred to as the
52Council, to oversee the designation and management of the Reserves, and to suggest additional
53acquisitions to enhance the ecological value of the Reserves program as a whole. The Council
54shall consist of eight members, including: one member from the Harvard Forest or designee, who
55is an expert in forestry and forest management; one member from the Highstead Foundation or
56designee, who is an expert in forest ecology; one member from the Center for Biological
57Diversity or designee, who is an expert in nongame wildlife and endangered species; one 4 of 6
58member from the Native Plant Trust or designee, who is an expert in the field of plant ecology;
59one member from the Woodwell Climate Research Center or designee, who is an expert in
60climate; one member from the University of Massachusetts who has technical training and
61experience in the field of soil or watershed science; one member from Friends of the Middlesex
62Fells Reservation or designee; one member from Friends of Mohawk Trail State Forest or
63designee.
64 The members of the Council shall be reimbursed for their necessary expenses incurred in
65the performance of their duties. Each member shall be appointed for a term of three years, except
66that for the initial term, three members shall be appointed for one year, three members shall be
67appointed for two years and two members shall be appointed for three years. Any person
68appointed to fill a vacancy shall serve for the unexpired term. Any member shall be eligible for
69reappointment.
70 The Council's duties shall include overseeing the policies and rules and regulations
71concerning Reserves, with consultation of additional qualified scientific advisors requested by
72the Council, to ensure that Reserves are maintained in their natural state with only minimal
73human intervention, and then only when proven necessary to preserve ecological integrity or
74protect public health, safety and welfare, consulting with the department regarding the
75nomination of potential Reserves, and advising the department on budgetary matters related to
76such Reserves. The Council shall submit a biennial report to the governor on or before May first
77of such year, describing the condition of each Reserve, outlining any actions taken by the council
78since the last report, and making any recommendations related to the Reserve program which the
79Council deems necessary. 5 of 6
80 The department shall hold a public hearing in accordance with the provisions of Chapter
8130A, for any substantial management or other activities in designated Reserves.
82 SECTION 4. Chapter 92A1/2 of the General Laws is hereby amended by replacing
83Section 16 with the following-
84 Section 16. The commissioner shall at least once every five years, adopt after a
85comprehensive public review, hearing and comment, one or more periodic watershed
86management plans for the watershed system, which shall have been prepared with the
87participation the of the Reserves Scientific Advisory Council, additional qualified scientific
88advisors requested by the Council, and the appropriate watershed advisory committee. Any
89watershed management plan shall provide for, but need not be limited to, the protection of
90forests, fish and wildlife, soils, and water quality, the maximization of carbon storage,
91consideration of the impacts of climate change, water yield enhancement and recreational
92activities. All watershed lands shall be designated as Parks or Reserves, and management
93activities shall be subject to sections 40 and 41 to 46, inclusive of Chapter 132).
94 The commissioner may not approve or provide for the installation of new commercial
95solar arrays, wind electricity generating systems, gas pipelines, commercial communications
96sites, commercial transmissions lines, cellular communications towers, or other such industrial
97infrastructure; provided that new solar installations will be allowed if they have the primary
98purpose of supplying electricity to an existing or approved public facility and the added
99environmental impacts would not be significant, and the installation of new communication
100hardware or replacement of existing communications hardware on existing fire towers or
101communications sites will be allowed if they would not have significant environmental impacts. 6 of 6
102 SECTION 5. Chapter 132 of the General Laws is hereby amended by replacing Section
10340 with the following-
104 Section 40. It is hereby declared that the public welfare requires the rehabilitation,
105maintenance, and protection of forest lands for the purpose of conserving water, preventing
106floods and soil erosion, improving the conditions for natural wildlife habitat, recreation,
107protecting and improving air and water quality, and optimizing carbon accumulation.
108 Therefore, it is hereby declared to be the policy of the commonwealth that all lands
109devoted to forest growth shall be kept in such condition as shall not jeopardize the public
110interests, and that the policy of the commonwealth shall further be one of cooperation with the
111landowners and other agencies interested in forestry practices for the proper and profitable
112management of all forest lands in the interest of the owner, the public and the users of forest
113products, while ensuring the highest standards of sustainable forestry and native biodiversity
114protection.