Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H953 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 2204 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 953
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Carmine Lawrence Gentile
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 relative to forest protection.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Carmine Lawrence Gentile13th Middlesex1/15/2025James Arciero2nd Middlesex2/21/2025Joanne M. ComerfordHampshire, Franklin and Worcester3/12/2025David Paul Linsky5th Middlesex2/18/2025Lindsay N. Sabadosa1st Hampshire1/22/2025Bruce E. TarrFirst Essex and Middlesex2/26/2025 1 of 11
16	16	HOUSE DOCKET, NO. 2204 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 953
18	18	By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 953) of
19	19	Carmine Lawrence Gentile and others relative to forest protection. Environment and Natural
20	20	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 relative to forest protection.
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 132 of the general laws is hereby amended by inserting the
30	30	2following-
31	31	3 The secretary of the Executive Office of Energy and Environmental Affairs shall create a
32	32	4“Reserves Scientific Advisory Council,” hereinafter referred to as the Council, to oversee the
33	33	5designation and management of the Reserves, and to suggest additional acquisitions to enhance
34	34	6the ecological value of the Reserves program as a whole. The Council shall consist of eight
35	35	7members, including: one member from the Harvard Forest or designee, who is an expert in
36	36	8forestry and forest management; one member from the Highstead Foundation or designee, who is
37	37	9an expert in forest ecology; one member from the Center for Biological Diversity or designee,
38	38	10who is an expert in nongame wildlife and endangered species; one member from the Native Plant
39	39	11Trust or designee, who is an expert in the field of plant ecology; one member from the Woodwell
40	40	12Climate Research Center or designee, who is an expert in climate; one member from the 2 of 11
41	41	13University of Massachusetts who has technical training and experience in the field of soil or
42	42	14watershed science; one member from Friends of the Middlesex Fells or designee; one member
43	43	15from Friends of the Mohawk Trail State Forest or designee.
44	44	16 The members of the council shall be reimbursed for their necessary expenses incurred in
45	45	17the performance of their duties. Each member shall be appointed for a term of three years, except
46	46	18that for the initial term, three members shall be appointed for one year, three members shall be
47	47	19appointed for two years and two members shall be appointed for three years. Any person
48	48	20appointed to fill a vacancy shall serve for the unexpired term. Any member shall be eligible for
49	49	21reappointment.
50	50	22 The council's duties shall include overseeing the policies and rules and regulations
51	51	23concerning Reserves, with consultation of additional qualified scientific advisors requested by
52	52	24the Council, to ensure that Reserves are maintained in their natural state with only minimal
53	53	25human intervention, and then only when proven necessary to preserve ecological integrity or
54	54	26protect public health, safety and welfare, consulting with the department regarding the
55	55	27nomination of potential Reserves, and advising the department on budgetary matters related to
56	56	28such Reserves. The council shall submit a biennial report to the governor on or before May first
57	57	29of such year, describing the condition of each Reserve, outlining any actions taken by the council
58	58	30since the last report, and making any recommendations related to the Reserve program which the
59	59	31council deems necessary.
60	60	32 The department shall hold a public hearing in accordance with the provisions of Chapter
61	61	3330A, for any substantial management or other activities in designated Reserves. 3 of 11
62	62	34 SECTION 2. Chapter 21 of the General Laws is hereby by amended by replacing Section
63	63	352F with the following-
64	64	36 Management guidelines for public and private forest lands
65	65	37 Section 2F. The director of state parks and recreation shall work in cooperation with the
66	66	38director of the division of fisheries and wildlife within the department of fish and game to
67	67	39establish coordinated management guidelines for public forest lands within the departments of
68	68	40conservation and recreation and for sustainable forestry practices on private forest lands. Said
69	69	41guidelines for public forest lands shall include agreements on equipment, personnel transfers,
70	70	42operational costs, and assignment of specific management responsibilities.
71	71	43 The commissioner of conservation and recreation shall submit management plans to the
72	72	44stewardship council for the council’s adoption with respect to all reservations, parks and forests
73	73	45under the management of the department, regardless of whether such reservations, parks and
74	74	46forests lie within the urban parks district or outside the urban parks district. Said management
75	75	47plans shall include guidelines for the operation and land stewardship or the aforementioned
76	76	48reservations, parks and forests, shall provide for the protection and stewardship of natural and
77	77	49cultural resources and shall ensure consistency between recreation and resource protection. The
78	78	50commissioner shall seek and consider public input in the development of management plans, and
79	79	51shall make draft plans available for a public review and comment period through notice in the
80	80	52Environmental Monitor. Within thirty days of the adoption of such management plans, as
81	81	53amended from time to time, the commissioner shall file a copy of such plans as adopted by the
82	82	54council with the with the state secretary and the joint committee on natural resources and 4 of 11
83	83	55agriculture of the general court. All said management plans shall be subject to section 2B of
84	84	56Chapter 132A and section 1 of Chapter 131.
85	85	57 The commissioner of conservation and recreation shall be responsible for implementing
86	86	58said management plans, with due regard for the above requirement.
87	87	59 SECTION 3. Chapter 92 of the General Laws is hereby amended by replacing Section 33
88	88	60with the following-
89	89	61 Section 33. The division of state parks and recreation, hereinafter referred to as the
90	90	62division, may maintain and make available to the inhabitants of Arlington, Belmont, Boston,
91	91	63Braintree, Brookline, Cambridge, Canton, Chelsea, Dedham, Dover, Everett, Hingham, Hull,
92	92	64Lynn, Malden, Medford, Melrose, Milton, Nahant, Needham, Newton, Quincy, Revere, Saugus,
93	93	65Somerville, Stoneham, Swampscott, Wakefield, Waltham, Watertown, Wellesley, Weston,
94	94	66Westwood, Weymouth, Winchester, and Winthrop, which shall constitute the urban parks
95	95	67district, open spaces for exercise and recreation, in this chapter designated as Parks or Reserves
96	96	68subject to Chapter 132A Section 2B and, for the purposes set forth in this section, the powers of
97	97	69the division shall extend to, and be exercised in, said district.
98	98	70 The division may preserve, beautify and care for such public Parks or Reserves, and also,
99	99	71in its discretion and upon such terms as it may approve, such other open spaces within said
100	100	72districts as may be entrusted, given or devised to the Commonwealth for the general purposes of
101	101	73this section of for any one or more of such purposes as the donor may designate.
102	102	74 The division may, for the purpose of making the rivers and ponds within said district
103	103	75more available as open spaces for recreation and exercise, regulate the use of certain spaces
104	104	76along or near said rivers and ponds, and care for and maintain spaces so regulated, and plant, 5 of 11
105	105	77care for, maintain or remove trees, shrubs, and growth of any kind within said regulated spaces,
106	106	78subject to section 1 of Chapter 131.
107	107	79 The commissioner of conservation and recreation, hereinafter referred to as the
108	108	80commissioner, may enter into and issue agreements, licenses and permits for recreational and
109	109	81other uses which he deems compatible and consistent with this section and Article XCVII of the
110	110	82amendments to the Constitution, provided, however, that such agreements, licenses and permits
111	111	83shall be for periods not exceeding 10 years, and shall be in writing.
112	112	84 This section shall not limit existing rights of any town in relation to water supply
113	113	85purposes or in any way obstruct its taking advantage of such rights.
114	114	86 SECTION 4. Chapter 92A1/2 of the General Laws is hereby amended by replacing
115	115	87Section 20 with the following-
116	116	88 The division shall not contract for services exclusive of consultants performing only
117	117	89those services for the division which regular employees of the division are unable to perform, to
118	118	90accomplish any of its duties nor shall it enter into any interagency agreement for such purpose.
119	119	91Only officers and employees of the division shall perform its duties. All contracts and
120	120	92consultants shall be subject to section 2B of chapter 132A and section 1 of Chapter 131.
121	121	93 SECTION 5. Chapter 132 of the General Laws is hereby amended by replacing Section 2
122	122	94with the following-
123	123	95 Bequests and gifts; Forest Trust
124	124	96 Section 2. The commissioner of environmental management, in this chapter called the
125	125	97commissioner, with the approval of the governor and council, may accept on behalf of the 6 of 11
126	126	98commonwealth bequests or gifts to be used for the purpose of advancing the interest of the
127	127	99commonwealth in forest preservation, under the direction of the governor and council, or for the
128	128	100laying out, construction or maintenance of state trails or paths, in such manner as to carry out the
129	129	101terms of the bequests or gifts. Said trust properties shall be known as the Forest Trust and shall
130	130	102be used and expended under the direction of the commissioner and subject to his orders. Subject
131	131	103to the terms of such grant, gift, devise, or bequest, the commissioner may expend such funds
132	132	104without further appropriation whether principal or income. The commissioner may, subject to the
133	133	105approval of the deed and title by the attorney general, accept on behalf of the commonwealth
134	134	106gifts of land to be held and managed for experiment and illustration in forest preservation,
135	135	107subject to section 2B of Chapter 132A, and in accordance with such other rules and regulations
136	136	108as the commissioner, with the approval of the governor and council, may prescribe. A donor of
137	137	109such land may reserve the right to buy back the land in accordance with such terms and
138	138	110conditions as may be agreed upon by and between such donor and the commissioner; but in the
139	139	111absence of such reservation in his deed of gift he shall not have such right.
140	140	112 SECTION 6. Chapter 132 of the General Laws is hereby amended by replacing Section
141	141	11334A with the following-
142	142	114 At the request of the commissioner, and after public hearing, the department of public
143	143	115utilities if a location for electric light to serve an existing facility or for public safety or the
144	144	116department of telecommunications and cable if a location for telephone or telegraph lines to
145	145	117serve an existing facility or for public safety may by order alter or revoke and such location
146	146	118whenever in its opinion the public interest or the rights of the commonwealth so require;
147	147	119provided, that before so doing notice of said hearing shall be given to the grantee of the location
148	148	120and all persons interested, and provided, further, that the grantee or any person interested in such 7 of 11
149	149	121order may appeal there from to the governor and council within fourteen days after the filing of a
150	150	122copy of such order as provided in the following paragraph.
151	151	123 The commissioner, within fourteen days after granting any such location, shall file a copy
152	152	124of the grant of the same, together with a copy of the order of the department of public utilities or
153	153	125the department of telecommunication and cable that the location is required by public necessity
154	154	126or convenience, in the office of the clerk of the town where the location is granted, and the
155	155	127department of public utilities or the department of telecommunications and cable shall file in the
156	156	128office of said clerk any order altering or revoking such location, and the clerk of such town shall
157	157	129receive and record the same.
158	158	130 The lands of the commonwealth now under the care, custody and control of the
159	159	131commissioner or hereafter acquired, and outside the urban park district, shall be designated as
160	160	132Parks or Reserves and shall not be leased, sold or exchanged, or be taken by any corporation,
161	161	133public or private, nor shall the timber thereon be sold, removed or destroyed, except as provided
162	162	134for in section 1 of Chapter 131.
163	163	135 The commissioner may not approve or provide for the installation of new commercial
164	164	136solar arrays, wind electricity generating systems, gas pipelines, commercial communications
165	165	137sites, commercial transmissions lines, cellular communications towers, or other such industrial
166	166	138infrastructure; provided that new solar installations will be allowed if they have the primary
167	167	139purpose of supplying electricity to an existing or approved public facility and the added
168	168	140environmental impacts would not be significant, and the installation of new communication
169	169	141hardware or replacement of existing communications hardware on existing fire towers or
170	170	142communications sites will be allowed if they would not have significant environmental impacts. 8 of 11
171	171	143 SECTION 7. Chapter 132A of the General Laws is hereby amended by replacing Section
172	172	1441F with the following-
173	173	145 The bureau of forestry shall, under the supervision of the director, with the approval of
174	174	146the commissioner perform such duties as respects the preservation of forest or wooded areas
175	175	147under the control of the department; provided that such lands shall be designated as Parks or
176	176	148Reserves and shall not be leased, sold, or exchanged, or be taken by any corporation, public or
177	177	149private, nor shall the timber thereon be sold, removed, or destroyed, except as provided for in
178	178	150section 1 of Chapter 131. It shall be responsible for such other duties as are now vested in the
179	179	151division of forestry by the general laws or any special laws and shall be responsible for shade
180	180	152tree management, arboricultural service, and insect suppression of public nuisances as defined in
181	181	153section eleven of chapter one hundred and thirty two, subject to the approval of the director and,
182	182	154notwithstanding the provisions of any general or special law to the contrary, the bureau may
183	183	155require all tree spraying or other treatment performed by other departments, agencies, or political
184	184	156subdivisions to be carried out under its direction; provided that the spraying of pesticides or
185	185	157herbicides shall not be permitted unless there is a clear threat to public health and safety, as
186	186	158determined by the Massachusetts Department of Public Health. The bureau may promulgate
187	187	159rules and regulations to carry out its duties and powers. It shall assume the responsibilities of
188	188	160section one A of chapter one hundred and thirty two and shall be responsible for such other
189	189	161duties as are not otherwise vested in the division of forestry; provided, however, that all personal
190	190	162of the forest, fire, shade tree and pest control units in their respective collective bargaining units
191	191	163at the time of this consolidation to the bureau of forestry shall remain in their respective
192	192	164collective bargaining units. 9 of 11
193	193	165 SECTION 8. Chapter 132A of the General Laws is hereby amended by replacing Section
194	194	1662B with the following-
195	195	167 It is hereby declared to be the policy of the commonwealth that all lands of the
196	196	168commonwealth now under the care, custody, and control of the commissioner or hereafter
197	197	169acquired shall in so far as practicable be preserved in their natural state and that no commercial
198	198	170activities except those essential to the quiet enjoyment of the facilities by the people shall be
199	199	171permitted. All such lands shall be designated as Parks or Reserves and shall not be leased, sold,
200	200	172or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be
201	201	173sold, removed or destroyed, except as provided for in section 1 of Chapter 131.
202	202	174 SECTION 9. Chapter 132 of the General Laws is hereby amended by replacing Section
203	203	17540 with the following-
204	204	176 Section 40. It is hereby declared that the public welfare requires the rehabilitation,
205	205	177maintenance, and protection of forest lands for the purpose of conserving water, preventing
206	206	178floods and soil erosion, improving the conditions for wildlife and recreation, protecting and
207	207	179improving air and water quality, and optimizing carbon sequestration.
208	208	180 Therefore, it is hereby declared to be the policy of the commonwealth that all lands
209	209	181devoted to forest growth shall be kept in such condition as shall not jeopardize the public
210	210	182interests, and that the policy of the commonwealth shall further be one of cooperation with the
211	211	183landowners and other agencies interested in forestry practices for the proper and profitable
212	212	184management of all forest lands in the interest of the owner, the public and the users of forest
213	213	185products, while ensuring the highest standards of sustainable forestry and native biodiversity
214	214	186protection. 10 of 11
215	215	187 SECTION 10. Chapter 132 of the General Laws is hereby amended by deleting in
216	216	188Section 51 the following-
217	217	189 (2) promoting the development and increased use and affordability of biomass and related
218	218	190renewable energy resources demonstrating the role of biomass as a sustainable, renewable
219	219	191energy source addressing the current concerns of air quality, greenhouse emissions, and forest
220	220	192management practices, establishing applied research and development activities that examine
221	221	193and promote best available control technology serving as a depository of information regarding
222	222	194biomass and related renewable energy resources, providing consulting and technology transfer
223	223	195assistance to the public sector in an effort to help public institutions replicate best available
224	224	196practices in incorporating renewable energy strategies into existing and future construction and
225	225	197providing a forum for public education and training regarding renewable energy and related
226	226	198application;
227	227	199 SECTION 12. Chapter 131 of the General Laws is hereby amended in Section 1 by
228	228	200inserting the following-
229	229	201 “Park”, an area which conserves unique natural and cultural values while focusing on the
230	230	202provision of recreation or facilities maintenance. Parks may have existing modified environments
231	231	203where use is intensively managed. The timber and other natural resources in Parks shall not be
232	232	204sold, removed, or destroyed. Vegetation management shall be allowed to ensure public health
233	233	205and safety; support recreational use; provide fire protection and prevention; remove invasive
234	234	206species or pests; maintain or restore recreation sites; restore or protect natural vegetation
235	235	207communities; maintain or stabilize soils, roads and trails, scenic vistas, agricultural fields, lawns,
236	236	208turfs, and greens; or meet other regulatory requirements. The application of pesticides or 11 of 11
237	237	209herbicides shall not be permitted unless there is a clear threat to public health and safety, as
238	238	210determined by the Massachusetts Department of Public Health.
239	239	211 "Reserve", an area permanently protected to allow natural processes to prevail with
240	240	212minimal human interference, which conserves intact ecosystems with the goals of ensuring the
241	241	213recovery and protection of mature and old growth forest ecosystems, maintenance of connected
242	242	214habitat blocks and species movement corridors to promote ecosystem resilience, conservation of
243	243	215habitat for threatened and endangered species, long‐term carbon sequestration and storage,
244	244	216nutrient cycling and soil formation, preservation of reference sites for scientific research,
245	245	217comparative studies, and long-term monitoring, and opportunities for wildland recreation. No
246	246	218timber or other natural resources shall be sold, removed, or destroyed, provided that active
247	247	219management shall be allowed in circumstances where it is proven that such action is necessary to
248	248	220control erosion and stabilize soils; for invasive species management, to maintain existing
249	249	221agricultural fields, vistas, and hiking trails; or for public health, safety and welfare. Creation of
250	250	222new fields, vistas, and wildlife openings is prohibited. The application of pesticides or herbicides
251	251	223shall not be permitted unless there is a clear threat to public health and safety, as determined by
252	252	224the Massachusetts Department of Public Health.