Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S548 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1524 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 548
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joanne M. Comerford
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 expanding access to trails for people of all abilities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterAngelo J. Puppolo, Jr.12th Hampden2/6/2025Marcus S. Vaughn9th Norfolk2/11/2025James B. EldridgeMiddlesex and Worcester2/11/2025Jason M. LewisFifth Middlesex2/13/2025Mindy Domb3rd Hampshire2/19/2025Michael O. MooreSecond Worcester2/20/2025Sal N. DiDomenicoMiddlesex and Suffolk2/24/2025 1 of 7
16	16	SENATE DOCKET, NO. 1524 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 548
18	18	By Ms. Comerford, a petition (accompanied by bill, Senate, No. 548) of Joanne M. Comerford,
19	19	Angelo J. Puppolo, Jr., Marcus S. Vaughn, James B. Eldridge and other members of the General
20	20	Court for legislation to expand access to trails for people of all abilities. Environment and
21	21	Natural Resources.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 446 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act expanding access to trails for people of all abilities.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 21 of the General Laws is hereby amended by inserting after
33	33	2section 2G the following section:-
34	34	3 Section 2H. (a) It is hereby declared the policy of the commonwealth and the department
35	35	4of conservation and recreation, in this section referred to as the department, to maximize access
36	36	5to trails, outdoor spaces and outdoor recreational activities for people of all abilities, and to
37	37	6advance equity for all residents of the commonwealth. This section shall be implemented to
38	38	7achieve this goal. 2 of 7
39	39	8 (b) With respect to outdoor recreation under its jurisdiction, the department of fish and
40	40	9game shall also work to maximize access to trails, outdoor spaces and outdoor recreational
41	41	10activities for people of all abilities, and to advance equity for all residents of the commonwealth.
42	42	11 (c) The secretary of the executive office of energy and environmental affairs shall
43	43	12establish a Trail Access Working Group, hereafter referred to as the working group, to collect
44	44	13and publish data, and advise the secretary of the executive office of energy and environmental
45	45	14affairs and the commissioner of the department on the implementation of this section. The
46	46	15working group shall include the secretary of the executive office of energy and environmental
47	47	16affairs or a designee, who shall be the chair, and
48	48	17 (i) the director of the Universal Access Program of the department;
49	49	18 (ii) a representative of the department of fish and game;
50	50	19 (iii) the executive director of the Massachusetts office on disability;
51	51	20 (iv) a representative of the Massachusetts Association of Conservation Commissions;
52	52	21 (v) one or more representatives of organizations concerned with accessible outdoor
53	53	22recreation;
54	54	23 (vi) one or more representatives of organizations concerned with the legal rights of
55	55	24people with disabilities;
56	56	25 (vii) one or more representatives of organizations concerned with independent living for
57	57	26people with disabilities; 3 of 7
58	58	27 (viii) one or more representatives of organizations concerned with the conservation of
59	59	28public land;
60	60	29 (ix) one or more representatives of groups concerned with trails;
61	61	30 (x) no fewer than 3 representatives of cities and towns that have trails managed by the
62	62	31department within their borders, including at least 1 city or town from no fewer than 3 different
63	63	32counties, including a county that is predominantly rural and one that is predominantly urban;
64	64	33 (xi) a representative from an organization or company that designs and builds accessible
65	65	34trails;
66	66	35 (xii) a representative from a regional planning agency that has experience with grant
67	67	36opportunities and funding sources for accessible trails; and
68	68	37 (xiii) other persons identified by the commissioner as likely to make helpful contributions
69	69	38to the working group; provided, that the working group shall have no less than one-third of its
70	70	39members self-identify as having disabling conditions, and provided further, in making
71	71	40appointments, the commissioner shall ensure that the task force represents diverse geographic
72	72	41regions of the commonwealth and reflects racial and ethnic diversity.
73	73	42 (d) The Trail Access Working Group shall:
74	74	43 (i) review current access for people with disabilities to paved and unpaved trails in the
75	75	44commonwealth;
76	76	45 (ii) review best practices, including federal guidelines such as from the United States
77	77	46Forest Service, and the United States Access Board accessibility standards for federal outdoor 4 of 7
78	78	47developed areas and recommendations from experts for how to expand access, including from
79	79	48people with disabilities;
80	80	49 (iii) review requirements of state and federal law;
81	81	50 (iv) consider the impact of wetlands policy on the access to trails for people with
82	82	51disabilities;
83	83	52 (v) appoint members to the Trail Access Advisory Council established in subsection (f)
84	84	53of this section;
85	85	54 (vi) annually hold no fewer than 3 open public hearings in various regions of the state to
86	86	55receive testimony from members of the public; and
87	87	56 (vii) file an annual report summarizing the findings of its reviews and making
88	88	57comprehensive recommendations on ways to improve access to paved and unpaved trails for
89	89	58people with mobility considerations. The recommendations may include a timeline for
90	90	59implementation. If the working group believes there will be a cost to implementing its
91	91	60recommendations, the report shall include an estimate of the cost for implementation and
92	92	61possible funding sources that could be utilized for implementation.
93	93	62 (e) The working group shall file its report with the governor, the executive office of
94	94	63energy and environmental affairs and the joint committee on environment and natural resources
95	95	64and shall publish the report on the public website of the department.
96	96	65 (f) The secretary of the executive office of energy and environmental affairs shall
97	97	66establish a Trail Access Advisory Council, hereafter referred to as the council, to serve as a
98	98	67public resource for trail accessibility, and to advise the secretary of the executive office of energy 5 of 7
99	99	68and environmental affairs and the commissioner of the department on the implementation of the
100	100	69recommendations and findings of the Trail Access Working Group. The council shall include the
101	101	70secretary of the executive office of energy and environmental affairs or a designee, who shall be
102	102	71the chair, and
103	103	72 (i) individuals, designated by the Trail Access Working Group, who represent related
104	104	73stakeholders and organizations; and
105	105	74 (ii) other persons identified by the commissioner as likely to make helpful contributions
106	106	75to the advisory council; provided, that the council shall have no less than one-third of its
107	107	76members self-identify as having disabling conditions, and provided further, in making
108	108	77appointments, the commissioner shall ensure that the council represents diverse geographic
109	109	78regions of the commonwealth and reflects racial and ethnic diversity.
110	110	79 (g) Members of the council shall be appointed for terms of 3 years or until a successor is
111	111	80appointed. Members shall be eligible for reappointment. In the event of a vacancy, the secretary
112	112	81of the executive office of energy and environmental affairs shall, within 60 days of the
113	113	82occurrence of a vacancy, appoint a new member in accordance with subsection (f) to fulfill the
114	114	83remainder of the unexpired term. The council may request administrative support from the
115	115	84department.
116	116	85 (h) Council members may be eligible for compensation at a rate fixed by the council, as
117	117	86approved by the chief financial officer of the executive office of energy and environmental
118	118	87affairs to ensure appropriate funds are available to cover the costs. Council members shall be
119	119	88eligible for compensation only to the extent otherwise permitted by chapter and upon providing
120	120	89the necessary documentation required to process any such payment. Any request for 6 of 7
121	121	90compensation shall be made by the council member to the executive office of energy and
122	122	91environmental affairs within 30 days of being incurred. Requests made after this time may be
123	123	92ineligible for payment.
124	124	93 (i) The council shall:
125	125	94 (i) make recommendations to the executive office of energy and environmental affairs on
126	126	95all matters of policy related to accessibility of trails and outdoor recreation for people with
127	127	96disabilities, including, but not limited to, the implementation of findings of the Trail Access
128	128	97Working Group;
129	129	98 (ii) serve as a resource for municipalities and members of the public on matters related to
130	130	99universally accessible trail design and construction. The council shall hold public hearings and
131	131	100informational events as requested; and
132	132	101 (iii) file an annual report of its findings, conclusions, proposals, recommendations and
133	133	102progress towards reaching the recommendations described in the Trail Access Working Group’s
134	134	103final report.
135	135	104 (j) The council shall file its report with the governor, the secretary of the executive office
136	136	105of energy and environmental affairs and the joint committee on environment and natural
137	137	106resources and shall publish the report on the public website of the department.
138	138	107 (k) There shall be established and set up on the books of the commonwealth a separate
139	139	108fund, to be administered by the secretary of the executive office of energy and environmental
140	140	109affairs, which shall be known as the Massachusetts Trail Access Fund. The Fund shall consist of
141	141	110all revenues from public and private sources including, but not limited to, appropriations, gifts, 7 of 7
142	142	111grants, donations, reimbursements from the federal government and grants-in-aid or other
143	143	112receipts to further the purposes of the Fund in accordance with this section.
144	144	113 SECTION 2. (a) Members of the Trail Access Advisory Council established in section
145	145	1142H of chapter 21 of the General Laws, as inserted by this act, shall be appointed no later than 3
146	146	115months after the effective date of this act.
147	147	116 (b) The initial report and recommendations of the Trails Access Advisory Council shall
148	148	117be filed no later than 12 months after the initial meeting of the council.