Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S686 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 753 FILED ON: 1/14/2025
3	3	SENATE . . . . . . . . . . . . . . No. 686
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
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 to incentivize the adoption of local climate resilience policies.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 8
16	16	SENATE DOCKET, NO. 753 FILED ON: 1/14/2025
17	17	SENATE . . . . . . . . . . . . . . No. 686
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 686) of Cynthia Stone Creem for
19	19	legislation to incentivize the adoption of local climate resilience policies. Financial Services.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 599 OF 2023-2024.]
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 to incentivize the adoption of local climate resilience policies.
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 21N of the General Laws is hereby amended by inserting the
31	31	2following new section:-
32	32	3 Section 12. (a) As used in this section, the following word shall have the following
33	33	4meanings:
34	34	5 “Program”, the municipal vulnerability preparedness plus grant program, or MVP plus
35	35	6program, established in this section.
36	36	7 (b) The secretary shall develop and support a municipal vulnerability preparedness plus
37	37	8grant program, to be known as the MVP plus program. Municipalities that are certified as MVP
38	38	9plus communities shall annually receive a share of the funds deposited into the Municipal
39	39	10Vulnerability Preparedness Trust Fund. Municipalities shall use their share of the funds for 2 of 8
40	40	11climate resilience projects approved by the executive office or to hire personnel who implement
41	41	12and manage climate resilience and sustainability projects; provided, that the project approval
42	42	13process shall be designed to minimize burdens on municipalities and that projects not approved
43	43	14or denied within 30 days shall be deemed approved; provided further, that municipalities may
44	44	15use funds for regional projects or for personnel shared with one or more other municipalities; and
45	45	16provided further, that municipalities may use funds to contract with regional planning agencies,
46	46	17nonprofit watershed associations, or other nonprofit entities for the management of regional
47	47	18projects.
48	48	19 The executive office shall establish a formula for the disbursement of funds from the
49	49	20Municipal Vulnerability Preparedness Trust Fund to MVP plus-certified communities. Variables
50	50	21and weighted proportions of the formula shall include, but not be limited to: (i) the road mileage
51	51	22within the municipality; (ii) the total population of the municipality; (iii) the total number of
52	52	23employed individuals within the borders of the municipality; (iv) the Centers for Disease Control
53	53	24and Prevention’s Social Vulnerability Index scores for census tracts within the municipality; and
54	54	25(v) the proportion of the municipality that lies within an area that is designated as a special flood
55	55	26hazard area by the Federal Emergency Management Agency, or the proportion of the
56	56	27municipality that is vulnerable to flooding according to a different measure approved by the
57	57	28secretary that is at least as inclusive as the special flood hazard area designation.
58	58	29 (c) Municipalities seeking designation as an MVP plus community shall file an
59	59	30application in a form and manner to be prescribed by secretary. To qualify as a MVP plus
60	60	31community, a municipality shall: (1) complete the community-led resilience building process and
61	61	32vulnerability assessment described in section 11 of this chapter; (2) adopt the specialized stretch
62	62	33resilience code; and (3) adopt at least 4 of the following 6 policies and programs: 3 of 8
63	63	34 (i) a stormwater utility program to fund upgrades to stormwater infrastructure and other
64	64	35projects that mitigate flooding and protect natural bodies of water;
65	65	36 (ii) a program establishing climate resilience hubs, or participation in multi-community
66	66	37climate resilience hubs, located in buildings including but not limited to schools, libraries, and
67	67	38community centers, to educate residents about extreme weather preparedness and the impacts of
68	68	39climate change and to provide shelter and assistance during weather-related emergencies;
69	69	40 (iii) a policy for the use of green infrastructure in appropriate public works and public
70	70	41infrastructure projects and a requirement that municipal employees who participate in the
71	71	42planning and design of public works and public infrastructure projects participate in a green
72	72	43infrastructure training program approved or designed by the secretary that includes at least 35
73	73	44hours of training on subjects including nature-based stormwater management practices and
74	74	45nature-based climate resilience strategies; provided, that members of local planning boards,
75	75	46conservation commissions, or other public bodies that participate in the planning and design of
76	76	47public works and public infrastructure projects but who are not full-time municipal employees
77	77	48may participate in an abbreviated green infrastructure training program approved or designed by
78	78	49the secretary that includes 5 hours of such training;
79	79	50 (iv) a floodplain overlay district that covers special flood hazard areas designated by the
80	80	51Federal Emergency Management Agency and other areas designated by the municipality that are
81	81	52projected to become vulnerable to flooding due to climate change and that imposes restrictions
82	82	53on construction, significant renovation, dumping, and filling that are designed to protect human
83	83	54life and property from the hazards of periodic flooding, preserve the natural flood control 4 of 8
84	84	55characteristics and the flood storage capacity of the floodplain, and preserve and maintain the
85	85	56groundwater table and water recharge areas within the floodplain;
86	86	57 (v) a tree ordinance or by-law that (A) requires the planting of trees to provide adequate
87	87	58shade to large paved areas such as parking lots; and (B) designates trees with a diameter at breast
88	88	59height of 8 or more inches as protected trees and prohibits the removal of protected trees under
89	89	60circumstances designated by the ordinance or by-law, unless the applicant plants native
90	90	61replacement trees or makes a contribution to a municipal tree preservation fund that is used to
91	91	62plant and care for trees; provided, that the ordinance or by-law shall require an applicant who
92	92	63plants native replacement trees to consult the municipal tree warden about which species of tree
93	93	64are suitable for planting and which locations are optimal for planting; and
94	94	65 (vi) an ordinance that, whenever permits require an analysis involving precipitation,
95	95	66requires the use of National Oceanic and Atmospheric Administration Atlas 14 precipitation
96	96	67estimates or the best available forward-looking precipitation estimates, as determined by the
97	97	68secretary.
98	98	69 (d) The executive office shall be responsible for the administration and oversight of the
99	99	70MVP plus program, including by: (1) adopting rules, regulations and guidelines for the
100	100	71administration and enforcement of this section, including, but not limited to, establishing
101	101	72application forms and procedures; (2) developing and disseminating model ordinances and by-
102	102	73laws that meet the requirements described in subsection (c) and making them available to public
103	103	74on the executive office’s website; and (3) submitting an annual report by September 1 to the
104	104	75clerks of the senate and the house of representatives detailing the municipalities participating in
105	105	76the program, the expenditures of the program, and the projects supported by the program. 5 of 8
106	106	77 SECTION 2. Chapter 29 of the General Laws, as amended by section 13 of chapter 358
107	107	78of the acts of 2020, is hereby amended by inserting the following section:-
108	108	79 Section 2PPPPPP. (a) There shall be established and set upon the books of the
109	109	80commonwealth a separate fund to be known as the Municipal Vulnerability Preparedness Trust
110	110	81Fund. The secretary of energy and environmental affairs shall administer the fund.
111	111	82Notwithstanding any general or special law to the contrary, there shall be credited to the fund
112	112	83any revenue subject to appropriations or other money authorized by the general court and
113	113	84specifically designated to be credited to the fund and any gifts, grants, private contributions,
114	114	85investment income earned by the fund’s assets and any designated funds from other sources. No
115	115	86expenditures from the fund shall cause the fund to be in deficiency at the close of the fiscal year.
116	116	87All available monies in the trust fund that are unexpended at the end of each fiscal year shall not
117	117	88revert to the General Fund, shall be available for expenditure in the subsequent fiscal year, and
118	118	89shall not be subject to section 5C; provided, that at least 50 percent of the funds deposited into
119	119	90the fund each fiscal year shall be disbursed according to the formula established pursuant to
120	120	91subsection (b) of section 12 of chapter 21N and remaining funds may be used for the grant
121	121	92program established in section 11 of chapter 21N.
122	122	93 SECTION 3. Section 2 of chapter 21A of the General Laws, as so appearing, is hereby
123	123	94amended by inserting after clause (30) the following clause:
124	124	95 (31) develop and promulgate, in consultation with the executive office of housing and
125	125	96economic development and the board of building regulations and standards, as an appendix to
126	126	97the state building code and to the state residential code, a municipal opt-in specialized stretch
127	127	98resilience code that incorporates forward-looking data on climate risks including, but not limited 6 of 8
128	128	99to, inland and coastal flooding, extreme temperatures, wind, and changes in precipitation patterns
129	129	100and that is more stringent than the most recent edition of the international building code and
130	130	101international residential code. The code shall include, at a minimum, the following provisions
131	131	102that go beyond those in the most recent edition of the state building code: (i) requirements as to
132	132	103freeboard and elevation above base flood elevation based on forward-looking climate data and
133	133	104future flood risks; (ii) requirements as to the location of utilities and other critical infrastructure
134	134	105within a structure; (iii) requirements as to wet and dry flood proofing of a structure; (iv)
135	135	106requirements as to habitable space and uses of a structure; (v) requirements as to points of
136	136	107ingress and egress; (vi) requirements as to ability to withstand extreme winds; and (vii)
137	137	108requirements as to ability to withstand extreme temperatures. The code shall also include any
138	138	109further language that is required to adequately prepare construction for future climate impacts
139	139	110including from wind, extreme temperature, and flooding.
140	140	111 SECTION 4. The secretary of the executive office of energy and environmental affairs
141	141	112shall form and consult with an advisory committee in the development of the municipal opt-in
142	142	113specialized stretch resilience code. The advisory committee shall consist of at least 17 members
143	143	114who shall include: the secretary of energy and environmental affairs or a designee, the chair of
144	144	115the board of building regulations and standards or a designee, the secretary of the executive
145	145	116office of housing and economic development or a designee, the commissioner of public health or
146	146	117a designee, the director of the Massachusetts emergency management agency or a designee, the
147	147	118director of the office of coastal zone management or a designee, 1 representative from an
148	148	119organization that represents or serves an environmental justice community, 1 representative from
149	149	120an affordable housing organization, 1 representative from a regional planning organization, 1
150	150	121member with professional expertise in climate science and data, 1 member who is a professional 7 of 8
151	151	122planner with experience in climate adaptation and resilience, 1 member who is a certified
152	152	123building inspector in a city or town, 1 member who is a municipal planner, 1 member who is a
153	153	124certified civil engineer, 1 member who is a certified coastal engineer, 1 representative from the
154	154	125insurance industry, and 1 representative from the real estate development industry. The advisory
155	155	126committee shall be formed within 3 months of the effective date of this act and shall produce
156	156	127recommendations on requirements for the code within 12 months of the effective date of this act.
157	157	128The stretch resilience code shall be promulgated not later than 18 after the effective date of this
158	158	129act. The secretary shall, in consultation with the board of building regulations and standards,
159	159	130periodically review and update the stretch resilience code.
160	160	131 SECTION 5. Section 96 of chapter 143, as so appearing, is hereby amended by striking
161	161	132the second paragraph and inserting in place thereof the following:-
162	162	133 For the purposes of this section, “specialized codes” shall include, but not be limited to,
163	163	134the specialized stretch energy code developed and promulgated by the department of energy
164	164	135resources, the specialized stretch resilience code developed and promulgated by the secretary of
165	165	136energy and environmental affairs, the state plumbing code, electrical code, architectural barriers
166	166	137regulations, fire safety code, fire prevention regulations, sheet metal regulations and elevator
167	167	138regulations.
168	168	139 SECTION 6. Section 100 of said chapter 143, as so appearing, is hereby amended by
169	169	140striking the second paragraph and inserting in place thereof the following:-
170	170	141 Whoever is aggrieved by an interpretation, order, requirement, direction or failure to act
171	171	142by any state or local agency or any person or state or local agency charged with the
172	172	143administration or enforcement of the state building code or any of its rules and regulations, 8 of 8
173	173	144except any specialized codes as described in section 96, other than the specialized stretch energy
174	174	145code developed and promulgated by the department of energy resources and the specialized
175	175	146stretch resilience code developed and promulgated by the secretary of energy and environmental
176	176	147affairs, may within forty-five days after the service of notice thereof appeal from such
177	177	148interpretation, order, requirement, direction, or failure to act to the appeals board. Appeals
178	178	149hereunder shall be on forms provided by the appeals board and shall be accompanied by such fee
179	179	150as said appeals board may determine.