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