| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | SENATE DOCKET, NO. 1066 FILED ON: 1/15/2025 |
|---|
| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 557 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Brendan P. Crighton |
|---|
| 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 accelerating wetlands restoration projects. |
|---|
| 13 | 13 | | _______________ |
|---|
| 14 | 14 | | PETITION OF: |
|---|
| 15 | 15 | | NAME:DISTRICT/ADDRESS :Brendan P. CrightonThird EssexJoanne M. ComerfordHampshire, Franklin and Worcester2/28/2025James B. EldridgeMiddlesex and Worcester2/28/2025James K. Hawkins2nd Bristol2/28/2025Vanna Howard17th Middlesex2/28/2025Michael O. MooreSecond Worcester2/28/2025Sal N. DiDomenicoMiddlesex and Suffolk2/28/2025Manny Cruz7th Essex2/28/2025Thomas M. Stanley9th Middlesex2/28/2025Bruce E. TarrFirst Essex and Middlesex2/28/2025 1 of 3 |
|---|
| 16 | 16 | | SENATE DOCKET, NO. 1066 FILED ON: 1/15/2025 |
|---|
| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 557 |
|---|
| 18 | 18 | | By Mr. Crighton, a petition (accompanied by bill, Senate, No. 557) of Brendan P. Crighton, |
|---|
| 19 | 19 | | Joanne M. Comerford, James B. Eldridge, James K. Hawkins and other members of the General |
|---|
| 20 | 20 | | Court for legislation to accelerate and streamline wetlands restoration. Environment and Natural |
|---|
| 21 | 21 | | Resources. |
|---|
| 22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
|---|
| 23 | 23 | | SEE SENATE, NO. 457 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 accelerating wetlands restoration projects. |
|---|
| 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. Section 18 of chapter 91 of the General Laws, as appearing in the 2022 |
|---|
| 33 | 33 | | 2Official Edition, is hereby amended by inserting after the fifth paragraph, the following |
|---|
| 34 | 34 | | 3paragraph: |
|---|
| 35 | 35 | | 4 No license or permit shall be required for dredge or fill, as defined by the department, as |
|---|
| 36 | 36 | | 5part of work to restore tidelands, including salt marshes; provided that such a project is permitted |
|---|
| 37 | 37 | | 6by the department or local issuing authority pursuant to section 40 of chapter 131 and applicable |
|---|
| 38 | 38 | | 7regulations; and provided further, that such a project does not impair public access or navigation |
|---|
| 39 | 39 | | 8and does not involve placement of a structure. 2 of 3 |
|---|
| 40 | 40 | | 9 SECTION 2. Section 40 of chapter 131 of the General Laws, as so appearing, is hereby |
|---|
| 41 | 41 | | 10amended by inserting after the twenty-seventh paragraph the following paragraph: |
|---|
| 42 | 42 | | 11 The notice of intention required in the first paragraph of this section shall not apply to |
|---|
| 43 | 43 | | 12targeted hand removal of invasive, non-native plants from resource areas. The department shall |
|---|
| 44 | 44 | | 13issue regulations on the scope and methods for such invasives removal, including standards to |
|---|
| 45 | 45 | | 14minimize disturbance to soils and native plants and wildlife, requirements for notification to |
|---|
| 46 | 46 | | 15conservation commissions, and the competency of individuals performing such work. |
|---|
| 47 | 47 | | 16 SECTION 3. Notwithstanding any special or general law to the contrary, the secretary of |
|---|
| 48 | 48 | | 17energy and environmental affairs shall undertake a Wetlands Restoration Streamlining Initiative |
|---|
| 49 | 49 | | 18to improve the efficiency and reduce permitting and monitoring costs for ecological restoration |
|---|
| 50 | 50 | | 19projects as defined in 310 CMR 10.04. This initiative shall include a review of laws and |
|---|
| 51 | 51 | | 20regulations governing projects in wetlands or waterways including, but not limited to, those |
|---|
| 52 | 52 | | 21overseen by the environmental policy act office, department of environmental protection, office |
|---|
| 53 | 53 | | 22of coastal zone management, division of fisheries and wildlife, natural heritage and endangered |
|---|
| 54 | 54 | | 23species program, division of marine fisheries, and division of ecological restoration. The review |
|---|
| 55 | 55 | | 24shall solicit input from experts and restoration practitioners. Not later than 12 months following |
|---|
| 56 | 56 | | 25the passage of this act, the secretary shall issue a report with recommendations for legislative and |
|---|
| 57 | 57 | | 26regulatory amendments to reduce the time, complexity, and costs of permitting ecological |
|---|
| 58 | 58 | | 27restoration projects, and maintaining important habitat. |
|---|
| 59 | 59 | | 28 SECTION 4. (a) The executive office of energy and environmental affairs shall establish |
|---|
| 60 | 60 | | 29a pilot program for research activities and demonstration projects for nature-based solutions, as |
|---|
| 61 | 61 | | 30defined in section 1 of chapter 21N of the General Laws. The program shall: (i) define categories 3 of 3 |
|---|
| 62 | 62 | | 31of nature-based solutions and develop standards for their use; (ii) coordinate, streamline and |
|---|
| 63 | 63 | | 32expedite the permitting and review process for activities and projects; and (iii) prioritize |
|---|
| 64 | 64 | | 33activities and projects that advance scientific knowledge, provide conservation benefits, and |
|---|
| 65 | 65 | | 34minimize impacts to existing wetlands. The secretary of energy and environmental affairs and |
|---|
| 66 | 66 | | 35commissioners/directors of permitting agencies may modify specific performance standards for |
|---|
| 67 | 67 | | 36nature-based solutions. |
|---|
| 68 | 68 | | 37 (b) The pilot program shall commence upon the effective date of this Act and operate for |
|---|
| 69 | 69 | | 385 years. Not later than one year from the effective date of this Act, and annually thereafter, the |
|---|
| 70 | 70 | | 39secretary shall file a report with the clerks of the senate and house of representatives and the joint |
|---|
| 71 | 71 | | 40committee on environment and natural resources that: (i) details the categories of nature-based |
|---|
| 72 | 72 | | 41solutions; (ii) analyzes the approval time for all permits required for each approved research |
|---|
| 73 | 73 | | 42activity or demonstration project; (iii) specifies any specific performance standards modified for |
|---|
| 74 | 74 | | 43each approved research activity or project; and (iv) provides data about the effectiveness of each |
|---|
| 75 | 75 | | 44approved research activity or project. |
|---|