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| 2 | 2 | | SENATE DOCKET, NO. 1916 FILED ON: 1/17/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 560 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Brendan P. Crighton |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to facilitate climate resiliency. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Brendan P. CrightonThird Essex 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 1916 FILED ON: 1/17/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 560 |
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| 18 | 18 | | By Mr. Crighton, a petition (accompanied by bill, Senate, No. 560) of Brendan P. Crighton for |
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| 19 | 19 | | legislation to facilitate climate resiliency. Environment and Natural Resources. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 456 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act to facilitate climate resiliency. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Section 18C(a) of Chapter 91 of the General Laws, as appearing in the 2020 |
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| 31 | 31 | | 2Official Edition, is hereby amended by striking out the word “section” and replacing it with the |
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| 32 | 32 | | 3word “subsection”. |
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| 33 | 33 | | 4 SECTION 2. Said section is hereby further amended by inserting after subsection (k) the |
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| 34 | 34 | | 5following section: “(l) Notwithstanding any general or special law to the contrary, the |
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| 35 | 35 | | 6department shall issue a general license authorizing publicly beneficial climate resiliency |
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| 36 | 36 | | 7projects, as designated by a conservation commission, selectmen or mayor under MGL c.131 S. |
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| 37 | 37 | | 840, that are nature-based and sustainably developed.” 2 of 2 |
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| 38 | 38 | | 9 SECTION 3. Section 40 of Chapter 131 of the General Laws, as appearing in the 2020 |
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| 39 | 39 | | 10Official Edition, is hereby amended by adding in the first paragraph, prior to the word “electric”, |
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| 40 | 40 | | 11the words “climate resiliency protection”. |
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| 41 | 41 | | 12 SECTION 4. Said section, as so appearing, is hereby further amended in line 231 by |
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| 42 | 42 | | 13inserting after the words “coastal engineering structures,” the following words:- “climate |
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| 43 | 43 | | 14resiliency protection projects,” |
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| 44 | 44 | | 15 SECTION 5. Said section is hereby further amended in line 270 by inserting the |
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| 45 | 45 | | 16following after the word “therewithin”:- “In the case of a publicly beneficial climate resiliency |
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| 46 | 46 | | 17project in support of flood control and storm damage prevention, where temporary or permanent |
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| 47 | 47 | | 18loss of a resource area and/or the conversion of one resource area to another is necessary to the |
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| 48 | 48 | | 19achievement of the project’s resiliency goals, such conditions shall not include a requirement to |
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| 49 | 49 | | 20minimize or mitigate through replication the loss of resource areas. Projects designated by the |
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| 50 | 50 | | 21conservation commission, selectmen, or mayor as publicly beneficial climate resiliency projects |
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| 51 | 51 | | 22shall be nature-based and sustainably developed and, therefore, shall be eligible for a general |
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| 52 | 52 | | 23permit under a procedure to be established by the Department paralleling that available for |
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| 53 | 53 | | 24ecological restoration projects.” |
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