1 of 1 SENATE DOCKET, NO. 2276 FILED ON: 1/17/2025 SENATE . . . . . . . . . . . . . . No. 597 The Commonwealth of Massachusetts _________________ PRESENTED BY: Paul R. Feeney _________________ 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 providing nature for all. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and NorfolkJoanne M. ComerfordHampshire, Franklin and WorcesterJames K. Hawkins2nd Bristol2/4/2025Angelo J. Puppolo, Jr.12th Hampden2/6/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/6/2025James B. EldridgeMiddlesex and Worcester2/10/2025Jason M. LewisFifth Middlesex2/13/2025Vanna Howard17th Middlesex2/15/2025Michael O. MooreSecond Worcester2/20/2025Sal N. DiDomenicoMiddlesex and Suffolk2/20/2025John F. KeenanNorfolk and Plymouth2/20/2025Manny Cruz7th Essex2/25/2025 1 of 6 SENATE DOCKET, NO. 2276 FILED ON: 1/17/2025 SENATE . . . . . . . . . . . . . . No. 597 By Mr. Feeney, a petition (accompanied by bill, Senate, No. 597) of Paul R. Feeney, Joanne M. Comerford, James K. Hawkins, Angelo J. Puppolo, Jr. and other members of the General Court for legislation to conserve and improve natural and working lands. Environment and Natural Resources. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act providing nature for all. 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 29 of the General Laws, as appearing in the 2024 Official Edition, 2is hereby amended by adding the following section: 3 Section 2EEEEEE. (a) In order to deliver nature-based solutions to climate change, 4protect biodiversity, and ensure equitable access to nature, there shall be established and set up 5on the books of the commonwealth a separate fund to be known as the Nature for All Fund, 6which shall be used exclusively for conserving and improving natural and working lands as 7defined in section 1 of chapter 21N. 8 The executive office of energy and environmental affairs shall make expenditures from 9the Nature for All Fund for the following purposes: (1) the creation and improvement of parks, 10greenspaces, trails, and outdoor recreation access, especially those in underserved 11neighborhoods; (2) the conservation or restoration of land to protect drinking water and the 2 of 6 12quality of streams, rivers, lakes and coasts; (3) the conservation or restoration of farms, forests, 13and other land to advance statewide biodiversity goals, climate goals, natural and working lands 14goals, resiliency goals, and environmental justice goals; (4) the conservation of land parcels to 15provide connectivity between open spaces; (5) the conservation and restoration of lands of 16indigenous cultural significance and the restoration of access for indigenous people; and (6) the 17provision of ongoing stewardship, outdoor recreation access, and management of such resources. 18 (b) Municipalities, regional municipal partnerships, regional planning bodies, watershed 19associations, land trusts, conservation organizations, state agencies, tribal authorities, and other 20non-profit organizations shall be lawful recipients of such expenditures. 21 (c) There shall be credited to the fund all monies received by the commonwealth from the 22receipts from sales and use of goods and services classified under the 2022 revision of the North 23American Industry Classification Codes 459110, 441210, and 713910 under chapter 64H; 24provided that in the event such codes are changed, that successor codes shall be used; and 25provided further, such amount shall not include any portion of the taxes that constitute special 26receipts within the meaning of subsection (b 1/2) of section 10 of chapter 152 of the acts of 1997. 27 The amount credited to the fund under this subsection shall be net of the dedicated sales 28tax revenue amount transferred to the Massachusetts Bay Transportation Authority State and 29Local Contribution Fund under section 35T of chapter 10 and to the School Modernization and 30Reconstruction Trust Fund under section 35BB of said chapter 10. The fund may accept public 31and private gifts, grants and donations to further the purposes of this section, and any other 32monies credited to or transferred from any other source pursuant to state law. 3 of 6 33 The fund shall be used for expenditures related to the conservation and improvement of 34natural and working lands by the executive office of energy and environmental affairs, subject to 35the provisions of subsection (a) and (d), including to pay or reimburse the General Fund for 36payment of debt service on bonds issued by, or otherwise payable under a lease or other contract 37assistance agreement by the commonwealth for land protection purposes. 38 (d) There shall be a 15-member board called the nature for all board comprised of the 39secretary of energy and environmental affairs, commissioner of fish and game, the commissioner 40of conservation and recreation, the secretary of housing and livable communities, and the climate 41chief, and ten members of the public to be appointed by the Governor, hereinafter called the 42board. The ten public members shall include representatives of underserved communities and 43indigenous people, and people with expertise or experience in the purposes listed in section (a). 44The executive office of energy and environmental affairs shall hire staff necessary to manage the 45fund and expenditures from the fund, provided that such additional staff may be funded through 46the fund. The board shall approve regulations for expenditures from the nature for all fund by 47the executive office of energy and environmental affairs, including, but not limited to: (i) 48requirements for land conservation in environmental justice neighborhoods; (ii) requirements for 49access and restoration of indigenous land, (iii) guidelines to promote conservation in concert 50with affordable housing development; (iv) the scope and prioritization of bonds issued pursuant 51to this section; and (v) prioritization of programs based on progress towards the state goals 52enumerated in section (c)(3). The board shall have the authority to approve expenditures made 53from the fund. 54 (e) The executive office of energy and environmental affairs shall not make expenditures 55in accordance with this section that result in, or supplant, a year-over-year decrease in bond cap 4 of 6 56spending or program investments made pursuant to its five-year rolling capital plan. The board 57shall promulgate limits on the amount of expenditures may be made from the trust fund to 58supplement existing capital programs. 59 (f) The executive office of energy and environmental affairs shall submit annually to the 60board, the Environmental Justice Council established in section 62L of chapter 30, the House and 61Senate Committees on Ways & Means, and the Joint Committee on Environment & Natural 62Resources a report of the proportion of funds expended from the Nature for All Fund that are 63dedicated to the acquisition or improvement of land in cities or towns containing environmental 64justice populations as defined in section 62 of chapter 30. 65 (g) When authorized by a vote taken by the yeas and nays of two-thirds of each house of 66the general court present and voting on such authorization, the state treasurer, upon the request of 67the governor, may issue bonds of the commonwealth as hereinafter provided. Any such bonds 68shall be special obligations of the commonwealth payable solely from monies credited to the 69Nature for All Trust Fund established in this section; provided, however, that notwithstanding 70any general or special law to the contrary, such bonds shall not be general obligations of the 71commonwealth. Bonds may be issued in such manner and on such terms and conditions as the 72state treasurer may determine in accordance with this paragraph and, to the extent not 73inconsistent with this paragraph, the General Laws for the issuance of bonds of the 74commonwealth. Bonds may be secured by a trust agreement entered into by the state treasurer, 75with the concurrence of the secretary of administration and finance and the secretary of energy 76and environmental affairs, on behalf of the commonwealth, which trust agreement may pledge or 77assign all or any part of monies credited to the Nature for All Trust Fund and rights to receive the 78same, whether existing or coming into existence and whether held or thereafter acquired, and the 5 of 6 79proceeds thereof. The state treasurer may, with the concurrence of the secretary of administration 80and finance and the secretary of energy and environmental affairs, enter into additional security, 81insurance or other forms of credit enhancement which may be secured on a parity or subordinate 82basis with the bonds. A pledge in any such trust agreement or credit enhancement agreement 83shall be valid and binding from the time such pledge shall be made without any physical delivery 84or further act, and the lien of such pledge shall be valid and binding against all parties having 85claims of any kind in tort, contract or otherwise, whether such parties have notice thereof or not. 86Any such pledge shall be perfected by filing of the trust agreement or credit enhancement 87agreement in the records of the state treasurer and no filing need be made under chapter 106. 88Any such trust agreement or credit enhancement agreement may establish provisions defining 89defaults and establishing remedies and other matters relating to the rights and security of the 90holders of the bonds or other secured parties as determined by the state treasurer, including 91provisions relating to the establishment of reserves, the issuance of additional or refunding 92bonds, whether or not secured on a parity basis, the application of receipts, monies or funds 93pledged pursuant to such agreement, the regulation of the custody, investment and application of 94monies and such other matters deemed necessary or desirable by the state treasurer for the 95security of such bonds. Any such bonds shall be deemed to be investment securities under 96chapter 106, securities in which any public officer, fiduciary, insurance company, financial 97institution or investment company may properly invest funds and securities which may be 98deposited with any public custodian for any purpose for which the deposit of bonds is authorized 99by law. Any such bonds, the transfer of such bonds and the income from such bonds, including 100profit on the sale of such bonds, shall at all times be exempt from taxation by and within the 101commonwealth. 6 of 6 102 The provisions of this section relating to bonds shall also be applicable to the issuance of 103notes insofar as such provisions may be appropriate for such notes. 104 In order to increase the marketability of any such bonds or notes issued by the 105commonwealth and in consideration of the acceptance of payment for any such bonds or notes, 106the commonwealth covenants with the purchasers and all subsequent holders and transferees of 107any such bonds or notes that while any such bond or note shall remain outstanding, and so long 108as the principal of or interest on any such bond or note shall remain unpaid: (i) no pledged funds 109shall be diverted from the Nature for All Trust Fund; (ii) in any fiscal year of the commonwealth 110and until an appropriation has been made which is sufficient to pay the principal, including 111sinking fund payments, of and interest on all such bonds and notes of the commonwealth and to 112provide for or maintain any reserves, additional security, insurance or other forms of credit 113enhancement required or provided for in any trust agreement securing any such bonds or notes, 114no pledged funds shall be applied to any other use; and (iii) so long as such revenues are 115necessary, as determined by the state treasurer in accordance with any applicable trust agreement 116or credit enhancement agreement, for the purposes for which they have been pledged, and 117notwithstanding any general or special law to the contrary, the rates of the excises imposed in 118chapters 64H shall not be reduced below the amount in effect at the time of issuance of any such 119bond or note.