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Massachusetts Senate Bill S553

Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S553 Compare Versions

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22 SENATE DOCKET, NO. 764 FILED ON: 1/14/2025
33 SENATE . . . . . . . . . . . . . . No. 553
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Cynthia Stone Creem
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act establishing the Municipal Reforestation Program.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and MiddlesexJoanne M. ComerfordHampshire, Franklin and Worcester1/24/2025Steven Owens29th Middlesex1/24/2025John F. KeenanNorfolk and Plymouth1/29/2025Bruce E. TarrFirst Essex and Middlesex2/26/2025Patricia D. JehlenSecond Middlesex3/3/2025 1 of 13
1616 SENATE DOCKET, NO. 764 FILED ON: 1/14/2025
1717 SENATE . . . . . . . . . . . . . . No. 553
1818 By Ms. Creem, a petition (accompanied by bill, Senate, No. 553) of Cynthia Stone Creem,
1919 Joanne M. Comerford, Steven Owens, John F. Keenan and other members of the General Court
2020 for legislation to establish the municipal reforestation program. Environment and Natural
2121 Resources.
2222 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2323 SEE SENATE, NO. 452 OF 2023-2024.]
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Fourth General Court
2727 (2025-2026)
2828 _______________
2929 An Act establishing the Municipal Reforestation Program.
3030 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3131 of the same, as follows:
3232 1 SECTION 1. Chapter 21A of the General Laws, as appearing in the 2020 Official
3333 2Edition, is hereby amended by adding the following section:-
3434 3 Section 28. (a) There shall be established an advisory council under the executive office
3535 4of energy and environmental affairs, known as the urban forest advisory council. Members shall
3636 5be appointed by the secretary from public, private, and nongovernmental organizations with
3737 6expertise in urban forestry, ecology, arboriculture, landscape architecture, green infrastructure,
3838 7demand-side energy efficiency management, public health, and climate change resilience and
3939 8mitigation. Such members may include representatives from the following: (i) municipal
4040 9arboriculture or tree warden associations; (ii) arboriculture or nursery industry associations; (iii) 2 of 13
4141 10urban landscape architecture associations; (iv) demand-side energy efficiency management
4242 11organizations; (v) green infrastructure and climate change resilience and mitigation
4343 12organizations; (vi) nonprofit organizations with experience in planting or maintaining trees; (vii)
4444 13environmental organizations with expertise in energy conservation, energy efficiency, or green
4545 14infrastructure building practices; (viii) local affordable housing or community development
4646 15organizations; (ix) workforce development programs; (x) municipal departments of public works
4747 16responsible for roads, water mains, sewers, and utility infrastructure; (xi) researchers with
4848 17expertise in data collection related to natural resources, energy management, and climate change
4949 18indicators; (xii) gas companies; (xiii) electric distribution companies; (xiv) nonprofit
5050 19transportation organizations with expertise in clean transportation; (xv) nonprofit organizations
5151 20with expertise in municipal finance; (xvi) the Metropolitan Area Planning Council, other
5252 21regional planning agencies, and the Massachusetts Municipal Association; (xvii) small business
5353 22associations; (xviii) organized labor associations; (ix) municipal tree committees; (xx) officials
5454 23from the department of conservation and recreation, the department of environmental protection,
5555 24and the department of transportation; (xxi) agricultural high schools; (xxii) federally recognized
5656 25and state acknowledged tribes within the commonwealth; (xxiii) environmental justice or
5757 26community-based organizations; and (xxiv) the University of Massachusetts Amherst Center for
5858 27Agriculture, Food, and the Environment. At least one member of the advisory council shall have
5959 28a background in ecology and knowledge of native trees in urban settings.
6060 29 (b) (1) The secretary shall convene the council to provide advice and technical assistance
6161 30to participating municipalities, tree-planting organizations, municipal arborists, state foresters,
6262 31gas and electric companies, and the department of transportation to ensure sufficient technical
6363 32and ecological expertise and oversight in the implementation of the municipal reforestation 3 of 13
6464 33program, pursuant to chapter 21P. The council shall use science-based guidelines to determine
6565 34urban tree canopy cover, for siting trees and to determine optimum native tree species to ensure
6666 35adequate root development and to achieve maximum reduction in consumer energy demand and
6767 36removal of greenhouse gas emissions while causing minimal disruption to public infrastructure.
6868 37The council shall develop guidelines to the secretary for approving plans submitted by
6969 38municipalities pursuant to chapter 21P, and shall advise the secretary on the merits of such plans,
7070 39including recommendations for improvement and approval. The council shall develop and
7171 40disseminate model tree retention ordinances and by-laws and other model ordinances and by-
7272 41laws that result in the preservation and expansion of tree canopy and make them available to
7373 42public on the website of the executive office of energy and environmental affairs. The secretary
7474 43shall provide such resources, expertise, and administrative support as necessary for the advisory
7575 44council to carry out its duties and responsibilities.
7676 45 (2) The technical advice provided by the advisory council shall include, but is not limited
7777 46to: (i) approved tree lists, prioritizing the use of hardy, noninvasive and native tree species that
7878 47can thrive in the urban environment and the changing climate, and native tree species and their
7979 48cultivars that are most beneficial to local pollinator and bird species; (ii) specifications for
8080 49planting, installation, and maintenance, including guidelines for planting trees, size and species
8181 50of trees, soil volume and supplements, and minimum distances between newly planted trees and
8282 51existing infrastructure, including utility infrastructure; (iii) instructions for sufficient watering
8383 52and for long-term maintenance to be provided by recipients of trees to ensure survival of such
8484 53trees; (iv) technical planning assistance to municipalities and tree-planting organizations; (v)
8585 54procedures for inspection and quality control, including inspection for pests and diseases; (vi)
8686 55procedures for monitoring and collecting data on tree health and survival; (vii) procedures for 4 of 13
8787 56collecting data on energy conservation and climate mitigation benefits from the municipal
8888 57reforestation program; (viii) recommendations for workforce development and job training
8989 58programs on planting, maintenance, and preservation of urban forests, including collaboration
9090 59with secondary and higher education vocational programs; and (ix) any other technical advice as
9191 60required by the secretary, in consultation with the department of environmental protection, the
9292 61department of conservation and recreation, the department of public utilities, and the department
9393 62of transportation.
9494 63 (c) The secretary and the urban forest advisory council, in consultation with the
9595 64department of environmental protection shall develop quantitative and qualitative measures,
9696 65using the best available scientific metrics and technology for valuing the contribution that an
9797 66urban tree canopy cover makes to: mitigating climate change, including carbon sequestration and
9898 67other reductions of greenhouse gas emissions; energy conservation; mitigating extreme heat,
9999 68including reduction of the heat island effect; storm water management; drought mitigation; air
100100 69quality improvement; benefits to human health; and ecological benefits to local pollinator and
101101 70bird species. Such measures may be updated as necessary to reflect current scientific research.
102102 71 SECTION 2. The General Laws are hereby amended by inserting after chapter 21O the
103103 72following chapter:-
104104 73 CHAPTER 21P
105105 74 MUNICIPAL REFORESTATION PROGRAM
106106 75 Section 1. (a) As used in this chapter, the following words, unless the context clearly
107107 76requires otherwise, shall have the following meanings:- 5 of 13
108108 77 “Participating municipality”, each municipality in the commonwealth except those with
109109 78both a population of fewer than 10,000 residents and tree canopy cover of at least 60 percent;
110110 79provided, that a municipality with both a population of fewer than 10,000 residents and tree
111111 80canopy cover of at least 60 percent shall have the option to become a participating municipality
112112 81by a majority vote of the city or town council, by a majority vote of the board of selectmen or by
113113 82resolution of its legislative body, as may be appropriate; and provided further, that a federally
114114 83recognized or state acknowledged tribe within the commonwealth shall have the option to be
115115 84considered a participating municipality by a majority vote of its tribal council or by resolution of
116116 85its legislative body, as may be appropriate.
117117 86 “Plan”, the municipal reforestation plan.
118118 87 “Program”, the municipal reforestation program.
119119 88 “Secretary”, the secretary of energy and environmental affairs.
120120 89 “Urban tree canopy cover”, the surface area of the land covered by the combined leaves,
121121 90branches, and trunks of all standing trees in a given area when viewed from above.
122122 91 (b) (1) The secretary, in consultation with the secretary of transportation, shall establish a
123123 92municipal reforestation program to allow participating municipalities access to funding and
124124 93technical assistance to plant and replace trees as well as maintain and preserve healthy trees
125125 94within the borders of their communities.
126126 95 (2) The purpose and goals of the program include, but are not limited to: (i) removing
127127 96carbon dioxide emissions from the transportation sector within the municipalities of the
128128 97commonwealth through carbon sequestration provided by trees; (ii) improving public health by 6 of 13
129129 98mitigating harmful effects of excessive heat and cold; (iii) improving air quality by reducing
130130 99levels of particulate pollution in neighborhoods with low urban tree canopy cover; (iv)
131131 100strengthening climate resilience by strategically incorporating trees into urban green
132132 101infrastructure projects; (v) promoting community, economic, and workforce development by
133133 102incorporating green infrastructure into municipal transportation infrastructure and community
134134 103planning; (vi) recognizing trees as a key state-wide investment in transportation infrastructure
135135 104and workforce development in order to meet the mandates pursuant to chapter 21N; (vii)
136136 105prioritizing the inclusion of green, sustainable infrastructure in the development of transportation
137137 106infrastructure; (viii) prioritizing the expansion and preservation of the urban tree canopy cover in
138138 107environmental justice neighborhoods, including expanding parks and open spaces; (ix) providing
139139 108equitable access to funding for rural and urban neighborhoods for opportunities to develop green
140140 109infrastructure; (x) maintaining the health of newly planted and existing trees in the urban
141141 110environment by providing funding for maintenance and for inspection for invasive pests and
142142 111diseases; (xi) reversing the local decline in biodiversity by planting native trees and their
143143 112cultivars that are essential to the survival and maintenance of local pollinator and bird species
144144 113(xii) prioritizing the expansion and preservation of the urban tree canopy cover in municipalities
145145 114to achieve a tree canopy cover of at least 60 percent, where feasible.
146146 115 Section 2. (a) The urban forest advisory council, pursuant to section 28 of chapter 21A, in
147147 116consultation with the secretary of energy and environmental affairs, the secretary of
148148 117transportation, and the secretary of administration and finance, shall establish a formula for the
149149 118disbursement of funding for the program to each participating municipality in the
150150 119commonwealth. Variables and weighted proportions of the formula shall include, but not be
151151 120limited to: (i) the total number of road mileage within the participating municipality; (ii) the total 7 of 13
152152 121population of the participating municipality; (iii) the total number of employed individuals
153153 122within the borders of the participating municipality; (iv) the number of environmental justice
154154 123criteria the participating municipality meets, as determined by the executive office of energy and
155155 124environmental affairs’ environmental justice policy; and (v) the percentage of urban tree canopy
156156 125cover with a greater weighted calculation provided for neighborhoods within a participating
157157 126municipality having a tree canopy cover of 20 percent or less.
158158 127 (b) All costs incurred by the secretary and the participating municipalities for the
159159 128planning, implementation and maintenance of the program shall be covered by section 3 of this
160160 129act. Funds shall be annually distributed to each municipality, pursuant to said section 3, no later
161161 130than August 1st and shall take effect 3 years following enactment of this act.
162162 131 (c) Each participating municipality shall report annually to the secretary on the status of
163163 132the plan and the projects that were completed within the fiscal year and the plans for the
164164 133following year.
165165 134 Section 3. (a) (1) Each participating municipality shall develop a municipal reforestation
166166 135plan within 3 years following enactment of this of act, appropriate to the size and needs of the
167167 136municipality. In developing a plan, participating municipalities shall follow the guidelines
168168 137developed by the urban forest advisory council established under section 28 of chapter 21A and
169169 138any other guidelines as determined necessary by the secretary. Participating municipalities may
170170 139solicit the technical advice and assistance from: the urban forest advisory council; the department
171171 140of transportation; the department of conservation and recreation; the department of
172172 141environmental protection; nonprofit tree-planting organizations; local environmental,
173173 142sustainability, and pollinator pathway organizations with knowledge of native trees; and 8 of 13
174174 143nonprofit transportation organizations; provided, however that such technical advice and
175175 144assistance is consistent with the guidelines developed by the urban forest advisory council. The
176176 145secretary shall make available other resources as needed by a participating municipality to
177177 146facilitate the development of its plan at no additional cost to the participating municipality. The
178178 147plan created by a participating municipality shall be broken down into projects to be completed
179179 148by the participating municipality and shall follow the project completion prioritization
180180 149requirements of this section.
181181 150 (2) The plan shall include, but not be limited to: (i) an inventory of the participating
182182 151municipality’s existing tree canopy cover, using established scientific protocols for determining
183183 152tree canopy cover, such as geographical information systems; (ii) an analysis to determine the
184184 153optimal sites for planting trees to achieve the goals the program, using established scientific
185185 154protocols for site selection; (iii) the current condition of the tree canopy cover of the
186186 155neighborhood where the projects will be located; (iv) how the tree species proposed to be planted
187187 156are suitable for the specific sites taking into account local environmental conditions and the
188188 157preference for native tree species and their cultivars; (v) the expected benefits from expansion of
189189 158the tree canopy cover on energy consumption, the heat island effect, wind reduction, storm water
190190 159runoff, drought mitigation, and promoting resilience against other impacts of climate change; (vi)
191191 160the expected benefits from expansion of the tree canopy cover on public health; (vii) plans to
192192 161maintain and provide follow-up care following the planting of trees; (viii) plans to engage
193193 162community residents in the planting and maintenance of the trees, including workforce
194194 163development programs; (viiii) the relationship of the project to any municipal vulnerability
195195 164preparedness program; (x) plans to promote the preservation of existing tree canopy; (xi) a
196196 165timeline for completion for each project within the plan while ensuring equitable project 9 of 13
197197 166prioritization of projects for environmental justice neighborhoods when attainable; (xii)
198198 167certification that tree pits are free of methane leaking from gas pipeline infrastructure; and (xiii)
199199 168any other information as may be required by the secretary. Plans shall be submitted to the
200200 169secretary to be certified ensuring the plans meet the required criteria of this section.
201201 170 (3) Trees planted under a certified plan may be planted in public rights of way, public
202202 171parks, and on private residential and commercial property, provided that priority for project
203203 172completion shall be given to: (i) sites in neighborhoods with low tree canopy cover with first
204204 173priority given to sites with less than 20 percent tree canopy cover; (ii) sites in neighborhoods
205205 174with levels of particulate pollutants above the levels determined by the department of
206206 175environmental protection and the department of public health to be hazardous to human health;
207207 176(iii) sites in environmental justice neighborhoods; (iv) neighborhoods that are deemed to be heat
208208 177islands; and (v) locations where passengers wait at public transit stations and bus stops and
209209 178designated cool corridors for walking and bicycling. Second priority shall be given to sites with
210210 179less than 40 percent tree canopy cover. Third priority shall be given to sites with less than 60
211211 180percent tree canopy cover and to sites with any other criteria determined by the secretary, in
212212 181consultation with the department of environmental protection, the department of conservation
213213 182and recreation, and the department of transportation. To achieve optimal tree canopy cover, trees
214214 183may be planted by a participating municipality on private residential and commercial property
215215 184using funds allocated under sections 2 and 3 of this act, provided, however that the cost of
216216 185maintenance for such trees shall be the responsibility of the owner of such property, through
217217 186written agreement between the owner of the property and the participating municipality as a
218218 187condition of such owner receiving the trees. 10 of 13
219219 188 (4) Participating municipalities shall update their plans for recertification every 5 years.
220220 189In order to revise a certified plan prior to the next recertification, a participating municipality
221221 190shall submit the proposed revisions to the executive office of energy and environmental affairs
222222 191for approval and recertification by the secretary. The secretary may seek technical advice for
223223 192reviewing such proposed revisions from the secretary of transportation and the urban forest
224224 193advisory council established under section 28 of chapter 21A.
225225 194 Section 4. (a) Beginning 3 years following the enactment of this act, each participating
226226 195municipality shall annually submit to the secretary for approval a summary of the projects to be
227227 196completed from the participating municipality’s reforestation plan within the next fiscal year and
228228 197a plan for the next 4 fiscal years.
229229 198 (b) The total costs of the projects shall include: (i) the cost of purchasing trees
230230 199appropriate for the selected sites, including trees purchased as part of a purchasing agreement
231231 200pursuant to subsection (c) of this section; (ii) the cost of planting trees; (iii) the cost of preparing
232232 201the sites where trees are to be planted; (iv) the cost of infrastructure to create adequate tree pits
233233 202and planting conditions, including but not limited to, water collection and water retention
234234 203technologies; (v) the cost of making reasonable modifications to adjoining infrastructure; (vi) the
235235 204cost of labor; (vii) the cost of community outreach and recruitment of volunteers, including any
236236 205stipends provided to volunteers who agree to care for public shade trees in their neighborhoods;
237237 206(viii) the cost of necessary machinery used to plant and maintain trees; (ix) the cost of
238238 207maintaining trees planted under the plan, including sufficient watering and monitoring of trees
239239 208planted on public rights of way, public parks, and other public property; (x) the cost for
240240 209subcontractors to perform work that the applicant demonstrates to be beyond its capacity to
241241 210perform; (xi) reasonable administrative costs incurred by a participating municipality in planning 11 of 13
242242 211and implementing the project and in follow-up maintenance of the trees; (xii) the cost of
243243 212maintaining trees not planted under the plan in sites with less than 20 percent tree canopy cover;
244244 213and (xiii) other reasonable costs as determined by the secretary. Upon the request of a
245245 214participating municipality and where cost effective, the department of conservation and
246246 215recreation may provide oversight project management for a project.
247247 216 (c) Certified projects intending to use funding allocated under subsection (b) of section 2
248248 217of this chapter shall not exceed the participating municipality’s total funding allocation for the
249249 218fiscal year.
250250 219 (d) If a participating municipality submits projects for the fiscal year that exceed the
251251 220participating municipality’s total funding allocation under subsection (b) of section 2 of this
252252 221chapter, the secretary may certify such projects if the participating municipality submits the
253253 222corresponding required financial forms, as determined by the secretary, indicating that the
254254 223participating municipality has the difference of the costs of the projects acquired through cash or
255255 224in-kind contributions from the participating municipality, individuals, nonprofit organizations,
256256 225corporations, or other entities.
257257 226 (e) Funding from public or private sources as authorized by section 9 of chapter 21A may
258258 227be acquired by the secretary to finance projects to expand urban forests and the municipal
259259 228reforestation program. The secretary shall seek any federal funding that is available to support
260260 229urban forests and the municipal reforestation program and the urban forest advisory council shall
261261 230assist municipalities, nonprofit organizations, regional planning agencies, and other eligible
262262 231entities in identifying and applying for any federal funding that is available to support urban
263263 232forests and the municipal reforestation program. 12 of 13
264264 233 (f) Participating municipalities, when feasible, shall prioritize purchasing trees that are
265265 234planted for projects financed under their municipal reforestation plans from nurseries located in
266266 235the commonwealth. A participating municipality may enter into a purchasing agreement with
267267 236another participating municipality, a regional group of participating municipalities, a regional
268268 237planning agency, or with the department of conservation and recreation to purchase in bulk trees
269269 238to be planted under their municipal reforestation plans and other tree planting programs under the
270270 239authority of the department of conservation and recreation; provided, however, that the trees
271271 240purchased through any agreement come at a reduced cost for all entities.
272272 241 (g) A participating municipality may enter into an agreement with another participating
273273 242municipality, a regional group of participating municipalities, or a regional planning agency to
274274 243jointly develop and implement their municipal reforestation plans, including sharing personnel or
275275 244equipment or jointly contracting with another entity to perform work that the participating
276276 245municipalities demonstrate to be beyond their capacity to perform.
277277 246 Section 5. The secretary shall report annually, no later than October 1, on the results
278278 247achieved by the municipal reforestation program to the governor and to the clerks of the house of
279279 248representatives and the senate, who shall forward such report to the president of the senate, the
280280 249speaker of the house of representatives, and the chairs of the house and senate committees on
281281 250ways and means.
282282 251 Section 6. The secretary may promulgate such rules and regulations as are necessary to
283283 252administer this chapter.
284284 253 SECTION 3. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition,
285285 254is hereby amended by inserting after section 2QQQQQ the following section:- 13 of 13
286286 255 Section 2RRRRR. There shall be established and set up on the books of the
287287 256commonwealth a separate fund, to be known as the Municipal Reforestation Trust Fund, to be
288288 257expended, without further appropriation, by the secretary of energy and environmental affairs for
289289 258the municipal reforestation program established in chapter 21P and the urban forest advisory
290290 259council established in section 28 of chapter 21A. The trust fund shall be credited with: (i) any
291291 260appropriations, bond proceeds or other monies authorized by the general court and specifically
292292 261designated to be credited thereto; (ii) funds from public and private sources and other gifts,
293293 262grants and donations; and (iii) any income derived from the investment of amounts credited to
294294 263the trust fund. All amounts credited to the trust fund shall be held in trust and used solely for
295295 264activities and expenditures consistent with the public purpose of the trust fund and the ordinary
296296 265and necessary expenses of administration and operation associated with the trust fund. All
297297 266available monies in the trust fund that are unexpended at the end of each fiscal year shall not
298298 267revert to the General Fund, shall be available for expenditure in the subsequent fiscal year, and
299299 268shall not be subject to section 5C.