Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S597 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2276 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 597
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul R. Feeney
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 providing nature for all.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	SENATE DOCKET, NO. 2276 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 597
18	18	By Mr. Feeney, a petition (accompanied by bill, Senate, No. 597) of Paul R. Feeney, Joanne M.
19	19	Comerford, James K. Hawkins, Angelo J. Puppolo, Jr. and other members of the General Court
20	20	for legislation to conserve and improve natural and working lands. Environment and Natural
21	21	Resources.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act providing nature for all.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 29 of the General Laws, as appearing in the 2024 Official Edition,
31	31	2is hereby amended by adding the following section:
32	32	3 Section 2EEEEEE. (a) In order to deliver nature-based solutions to climate change,
33	33	4protect biodiversity, and ensure equitable access to nature, there shall be established and set up
34	34	5on the books of the commonwealth a separate fund to be known as the Nature for All Fund,
35	35	6which shall be used exclusively for conserving and improving natural and working lands as
36	36	7defined in section 1 of chapter 21N.
37	37	8 The executive office of energy and environmental affairs shall make expenditures from
38	38	9the Nature for All Fund for the following purposes: (1) the creation and improvement of parks,
39	39	10greenspaces, trails, and outdoor recreation access, especially those in underserved
40	40	11neighborhoods; (2) the conservation or restoration of land to protect drinking water and the 2 of 6
41	41	12quality of streams, rivers, lakes and coasts; (3) the conservation or restoration of farms, forests,
42	42	13and other land to advance statewide biodiversity goals, climate goals, natural and working lands
43	43	14goals, resiliency goals, and environmental justice goals; (4) the conservation of land parcels to
44	44	15provide connectivity between open spaces; (5) the conservation and restoration of lands of
45	45	16indigenous cultural significance and the restoration of access for indigenous people; and (6) the
46	46	17provision of ongoing stewardship, outdoor recreation access, and management of such resources.
47	47	18 (b) Municipalities, regional municipal partnerships, regional planning bodies, watershed
48	48	19associations, land trusts, conservation organizations, state agencies, tribal authorities, and other
49	49	20non-profit organizations shall be lawful recipients of such expenditures.
50	50	21 (c) There shall be credited to the fund all monies received by the commonwealth from the
51	51	22receipts from sales and use of goods and services classified under the 2022 revision of the North
52	52	23American Industry Classification Codes 459110, 441210, and 713910 under chapter 64H;
53	53	24provided that in the event such codes are changed, that successor codes shall be used; and
54	54	25provided further, such amount shall not include any portion of the taxes that constitute special
55	55	26receipts within the meaning of subsection (b 1/2) of section 10 of chapter 152 of the acts of 1997.
56	56	27 The amount credited to the fund under this subsection shall be net of the dedicated sales
57	57	28tax revenue amount transferred to the Massachusetts Bay Transportation Authority State and
58	58	29Local Contribution Fund under section 35T of chapter 10 and to the School Modernization and
59	59	30Reconstruction Trust Fund under section 35BB of said chapter 10. The fund may accept public
60	60	31and private gifts, grants and donations to further the purposes of this section, and any other
61	61	32monies credited to or transferred from any other source pursuant to state law. 3 of 6
62	62	33 The fund shall be used for expenditures related to the conservation and improvement of
63	63	34natural and working lands by the executive office of energy and environmental affairs, subject to
64	64	35the provisions of subsection (a) and (d), including to pay or reimburse the General Fund for
65	65	36payment of debt service on bonds issued by, or otherwise payable under a lease or other contract
66	66	37assistance agreement by the commonwealth for land protection purposes.
67	67	38 (d) There shall be a 15-member board called the nature for all board comprised of the
68	68	39secretary of energy and environmental affairs, commissioner of fish and game, the commissioner
69	69	40of conservation and recreation, the secretary of housing and livable communities, and the climate
70	70	41chief, and ten members of the public to be appointed by the Governor, hereinafter called the
71	71	42board. The ten public members shall include representatives of underserved communities and
72	72	43indigenous people, and people with expertise or experience in the purposes listed in section (a).
73	73	44The executive office of energy and environmental affairs shall hire staff necessary to manage the
74	74	45fund and expenditures from the fund, provided that such additional staff may be funded through
75	75	46the fund. The board shall approve regulations for expenditures from the nature for all fund by
76	76	47the executive office of energy and environmental affairs, including, but not limited to: (i)
77	77	48requirements for land conservation in environmental justice neighborhoods; (ii) requirements for
78	78	49access and restoration of indigenous land, (iii) guidelines to promote conservation in concert
79	79	50with affordable housing development; (iv) the scope and prioritization of bonds issued pursuant
80	80	51to this section; and (v) prioritization of programs based on progress towards the state goals
81	81	52enumerated in section (c)(3). The board shall have the authority to approve expenditures made
82	82	53from the fund.
83	83	54 (e) The executive office of energy and environmental affairs shall not make expenditures
84	84	55in accordance with this section that result in, or supplant, a year-over-year decrease in bond cap 4 of 6
85	85	56spending or program investments made pursuant to its five-year rolling capital plan. The board
86	86	57shall promulgate limits on the amount of expenditures may be made from the trust fund to
87	87	58supplement existing capital programs.
88	88	59 (f) The executive office of energy and environmental affairs shall submit annually to the
89	89	60board, the Environmental Justice Council established in section 62L of chapter 30, the House and
90	90	61Senate Committees on Ways & Means, and the Joint Committee on Environment & Natural
91	91	62Resources a report of the proportion of funds expended from the Nature for All Fund that are
92	92	63dedicated to the acquisition or improvement of land in cities or towns containing environmental
93	93	64justice populations as defined in section 62 of chapter 30.
94	94	65 (g) When authorized by a vote taken by the yeas and nays of two-thirds of each house of
95	95	66the general court present and voting on such authorization, the state treasurer, upon the request of
96	96	67the governor, may issue bonds of the commonwealth as hereinafter provided. Any such bonds
97	97	68shall be special obligations of the commonwealth payable solely from monies credited to the
98	98	69Nature for All Trust Fund established in this section; provided, however, that notwithstanding
99	99	70any general or special law to the contrary, such bonds shall not be general obligations of the
100	100	71commonwealth. Bonds may be issued in such manner and on such terms and conditions as the
101	101	72state treasurer may determine in accordance with this paragraph and, to the extent not
102	102	73inconsistent with this paragraph, the General Laws for the issuance of bonds of the
103	103	74commonwealth. Bonds may be secured by a trust agreement entered into by the state treasurer,
104	104	75with the concurrence of the secretary of administration and finance and the secretary of energy
105	105	76and environmental affairs, on behalf of the commonwealth, which trust agreement may pledge or
106	106	77assign all or any part of monies credited to the Nature for All Trust Fund and rights to receive the
107	107	78same, whether existing or coming into existence and whether held or thereafter acquired, and the 5 of 6
108	108	79proceeds thereof. The state treasurer may, with the concurrence of the secretary of administration
109	109	80and finance and the secretary of energy and environmental affairs, enter into additional security,
110	110	81insurance or other forms of credit enhancement which may be secured on a parity or subordinate
111	111	82basis with the bonds. A pledge in any such trust agreement or credit enhancement agreement
112	112	83shall be valid and binding from the time such pledge shall be made without any physical delivery
113	113	84or further act, and the lien of such pledge shall be valid and binding against all parties having
114	114	85claims of any kind in tort, contract or otherwise, whether such parties have notice thereof or not.
115	115	86Any such pledge shall be perfected by filing of the trust agreement or credit enhancement
116	116	87agreement in the records of the state treasurer and no filing need be made under chapter 106.
117	117	88Any such trust agreement or credit enhancement agreement may establish provisions defining
118	118	89defaults and establishing remedies and other matters relating to the rights and security of the
119	119	90holders of the bonds or other secured parties as determined by the state treasurer, including
120	120	91provisions relating to the establishment of reserves, the issuance of additional or refunding
121	121	92bonds, whether or not secured on a parity basis, the application of receipts, monies or funds
122	122	93pledged pursuant to such agreement, the regulation of the custody, investment and application of
123	123	94monies and such other matters deemed necessary or desirable by the state treasurer for the
124	124	95security of such bonds. Any such bonds shall be deemed to be investment securities under
125	125	96chapter 106, securities in which any public officer, fiduciary, insurance company, financial
126	126	97institution or investment company may properly invest funds and securities which may be
127	127	98deposited with any public custodian for any purpose for which the deposit of bonds is authorized
128	128	99by law. Any such bonds, the transfer of such bonds and the income from such bonds, including
129	129	100profit on the sale of such bonds, shall at all times be exempt from taxation by and within the
130	130	101commonwealth. 6 of 6
131	131	102 The provisions of this section relating to bonds shall also be applicable to the issuance of
132	132	103notes insofar as such provisions may be appropriate for such notes.
133	133	104 In order to increase the marketability of any such bonds or notes issued by the
134	134	105commonwealth and in consideration of the acceptance of payment for any such bonds or notes,
135	135	106the commonwealth covenants with the purchasers and all subsequent holders and transferees of
136	136	107any such bonds or notes that while any such bond or note shall remain outstanding, and so long
137	137	108as the principal of or interest on any such bond or note shall remain unpaid: (i) no pledged funds
138	138	109shall be diverted from the Nature for All Trust Fund; (ii) in any fiscal year of the commonwealth
139	139	110and until an appropriation has been made which is sufficient to pay the principal, including
140	140	111sinking fund payments, of and interest on all such bonds and notes of the commonwealth and to
141	141	112provide for or maintain any reserves, additional security, insurance or other forms of credit
142	142	113enhancement required or provided for in any trust agreement securing any such bonds or notes,
143	143	114no pledged funds shall be applied to any other use; and (iii) so long as such revenues are
144	144	115necessary, as determined by the state treasurer in accordance with any applicable trust agreement
145	145	116or credit enhancement agreement, for the purposes for which they have been pledged, and
146	146	117notwithstanding any general or special law to the contrary, the rates of the excises imposed in
147	147	118chapters 64H shall not be reduced below the amount in effect at the time of issuance of any such
148	148	119bond or note.