H 5518

HOUSE . . . . . . . . . . . . . . . No. 5518
     Text of House document numbered 5510, being House amendments and committee on Bills in
     the Third Reading changes of the Senate Bill to build resilience for Massachusetts communities
     (Senate bill No. 3064), as amended by the House on June 17, 2026.
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
  By striking out all after the enacting clause and inserting in place thereof the following:–
 1  SECTION 1. To provide for a program of climate change adaptation, resiliency and the
 2   preservation and improvement of environmental and recreation assets of the commonwealth,
 3   sections 2 to 2G, inclusive, for the several purposes and subject to the conditions specified in this
 4   act, are hereby made available, subject to the laws regulating the disbursement of public funds.
 5   These sums shall be in addition to any amounts previously authorized and made available for the
 6   purposes of those items. The sums set forth in sections 2 to 2G, inclusive, shall be made
 7   available until June 30, 2032.
 8  SECTION 2.
 9  EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
10  Department of Conservation and Recreation
11  2800-1123       For the acquisition of land and interests in land by the department of
12   conservation and recreation and for associated costs including planning, study, due diligence,
13   title and appraisal services, site restoration and stewardship including, but not limited to, coastal
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14   land acquisition and securing access to protected coastal lands and lands to provide for the inland
15   movement of coastal habitats; provided, that funds may be used for capital investments related to
16   the stewardship of the land; and provided further, that funds may be used for the restoration and
17   reclamation of acquired land, including demolition of structures, removal of debris, eradication
18   of non-native species and other services essential to these reclamation efforts; provided further,
19   that a tenant who is involved in the stewardship program is responsible for paying real estate
20   taxes to the municipality in which the property is located unless expressly waived by said
21   municipality; provided further, that if a tenant of a property involved in the stewardship program
22   is delinquent for over 90 days on their taxes, or owes a sum greater than $10,000 in back taxes,
23   the department of conservation and recreation shall assume responsibility for paying back taxes
24   to the owed municipality; and provided further, that the department of conservation and
25   recreation shall submit annual reports to the house and senate committees on ways and means as
26   well as each municipality involved in the stewardship program detailing: (i) the number of
27   properties in the program; (ii) progress reports on restoration efforts; and (iii) tax compliance
28   information for all involved properties……...$40,000,000
29  2800-7024       For a forestry and tree planting program for projects throughout the
30   commonwealth including, but not limited to, the evaluation and planning of forestry and tree
31   planting projects, tree stock, planting and associated costs; provided, that the secretary of energy
32   and environmental affairs shall grant priority to the planting of trees that are in areas: (i)
33   experiencing heat island effects; (ii) underserved with tree cover; (iii) with disadvantaged
34   populations; (iv) affected by severe weather events or insect infestation; (v) where aquifers,
35   recharge areas, wells, reservoirs and other water bodies are located that will improve and protect
36   water quality as part of a natural ecosystem; and (vi) that will further climate change mitigation,
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37   adaptation and resiliency strategies; provided, that the secretary may provide guidance for
38   coordination between municipal and utility stakeholders on incorporating utility gas leaks data
39   into planning for street tree planting projects and for testing street tree pits for methane before
40   planting; and provided further, that funds from this item may be expended to provide grants,
41   technical assistance or other support to landowners to undertake capital projects including, but
42   not limited to, sustainable forest management and long-term conservation practices, to protect
43   the ecological integrity of the commonwealth’s forestlands under the Forests as Climate
44   Solutions initiative…………………………………………………………….……...$20,000,000
45  2800-7026       For the: (i) design, construction, maintenance, repair, removal and
46   improvements of state-owned or abandoned dams identified by the office of dam safety,
47   including improvements to the aquatic habitat, inland flood control projects and projects for
48   related facilities and equipment; (ii) design, construction, maintenance, repair or improvement of
49   the department of conservation and recreation’s coastal and marine infrastructure and coastal
50   ecological resources including, but not limited to, shore protection, docks, piers, culverts,
51   beaches, dunes and salt marshes; and (iii) navigational and ecological performance of the
52   commonwealth’s tidal and nontidal waterways; provided, that the department of conservation
53   and recreation shall give priority to dams and flood control projects that pose the greatest risk to
54   public health or safety, or to the environment; provided further, that the secretary of energy and
55   environmental affairs may provide guidance for planning, prioritizing, selecting and
56   implementing projects in furtherance of the goals of the state hazard mitigation and climate
57   change adaptation plan……………………………………………….………..$308,100,000
58  2840-7028       For the study, planning, permitting, design, construction, reconstruction,
59   repair, removal, demolition, improvement, furnishing, equipping or rehabilitating of department
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60   of conservation and recreation properties including, but not limited to, reservations, facilities
61   infrastructure, forests, parks, campgrounds, comfort stations, harbor islands, skating rinks, skate
62   parks, swimming and wading pools, spray parks, golf courses, tennis courts, basketball courts,
63   ball fields, playgrounds, exercise and fitness paths, tracks, other recreational facilities, historic
64   sites, beaches and storage buildings, office buildings, visitor centers, fire towers, maintenance
65   facilities and other park buildings, structures, equipment, including upgrades to information
66   technology equipment to be considered in consultation with the secretary of technology services
67   and security and for the planning, design, acquisition, construction, reconstruction, repair,
68   removal, improvement or rehabilitation of bike paths, greenways, accessible trails, recreational
69   trails and equipment; provided, that the secretary of energy and environmental affairs may
70   provide guidance for planning, prioritizing, selecting and implementing capital projects in
71   furtherance of the goals of climate change mitigation and adaptation consistent with the state
72   hazard mitigation and climate change adaptation plan and in support of disadvantaged
73   populations; provided further, that funds may be expended to support municipal equipment needs
74   for combating wildland and forest fires; provided further, that the department of conservation
75   and recreation may expend funds for technical assistance and grants to public and nonpublic
76   entities in accordance with rules and regulations adopted by the department to implement this
77   item; provided further, that DCR shall conduct a survey of DCR owned land in the Readville
78   section of the City of Boston including but not limited to the DCR owned parcel that borders
79   following streets: Imbaro Road, Neponset Valley Parkway, Norton Street, River Street and
80   Readville Street; provided further, that in expending funds under this item, the commissioner
81   shall prioritize public health and safety and capital to maintain public
82   assets…………….…………$293,687,500
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 83  2890-7036       For the study, planning, permitting, design, engineering, construction,
 84   reconstruction, repair, improvement or rehabilitation of department of conservation and
 85   recreation roadway, bridge and path of travel related infrastructure including, but not limited to,
 86   parkways, boulevards, multi-use trails, roads within state parks, transportation infrastructure,
 87   recreational trails, pedestrian bridges and related appurtenances and equipment; provided, that
 88   funds may be expended for pedestrian and bicycle safety, traffic calming, landscape
 89   improvements, street lighting, safety equipment and accessibility; provided further, that all work
 90   funded by this item shall be carried out according to standards developed by the department
 91   pursuant to historic parkways preservation treatment guidelines to protect the scenic and historic
 92   integrity of the bridges and parkways under its control; and provided further, that the secretary of
 93   energy and environmental affairs may provide guidance for planning, prioritization, selection
 94   and implementation of projects in furtherance of the state hazard mitigation and climate change
 95   adaptation plan and in support of disadvantaged populations……………………….$176,670,000
 96  SECTION 2A.
 97  EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
 98  Department of Environmental Protection
 99  2200-7026       For the assessment, containment, monitoring, cleanup, control, public
100   participation, removal of or response actions concerning oil or hazardous materials or for any
101   other action necessary to implement chapter 21E of the General Laws and the Massachusetts
102   Contingency Plan established pursuant to said chapter 21E………….……………….$42,000,000
103  2200-7027       For capital investments in air, water and land resource protection, climate
104   adaptation and decarbonization and ensuring access to clean water and air including, but not
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105   limited to, energy, climate and environmental projects and programs that optimize and preserve
106   environmental quality and public health and that provide for appropriate protection, restoration,
107   management and best use of air, water and land resources, assets and infrastructure including,
108   but not limited to, upgrades to laboratory equipment, projects related to nonpoint and point
109   sources of water pollution and the wetlands circuit rider program; provided, that funds may be
110   used to provide grants to public and nonpublic entities and tribal governments for the protection
111   and restoration of the commonwealth’s environmental resources to invest in efficient and
112   effective mitigation projects and initiatives to restore and preserve the commonwealth’s air,
113   climate, energy, water and land resources, assets and infrastructure; and provided further, that the
114   secretary of energy and environmental affairs may provide guidance for planning, prioritization,
115   selection and implementation of projects in furtherance of the goals of climate change mitigation,
116   resiliency and adaptation…………………………………………………..…………..$27,800,000
117  2200-7028       For the assessment, containment, monitoring, cleanup and closure of
118   existing or closed solid waste facilities causing or threatening to cause pollution pursuant to
119   section 4 of chapter 21H of the General Laws and for capital expenditures associated with
120   composting, recycling and waste reduction programs consistent with the comprehensive
121   statewide master plan for solid waste disposal established pursuant to section 21 of chapter 16 of
122   the General Laws……………………………………………………….……………..$28,100,000
123  2200-7029       For investments in clean water and drinking water infrastructure by the
124   department of environmental protection to address per- and polyfluoroalkyl substance (PFAS)
125   contamination of public water supplies, private wells or imminent hazard conditions pursuant to
126   section 3A of chapter 21E of the General Laws including, but not limited to, planning,
127   construction, replacement, repair or modernization of infrastructure that enhances ground and
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128   surface water resources, ensures the safety of drinking water or protects public health; provided,
129   that funds in this item may be used for response actions that create a capital asset or result in
130   improvements to capital assets including, but not limited to, installing filters or other treatment
131   systems, excavation, covering and fencing contaminated soil and associated planning and
132   design………………………………………………………………..……………….$120,000,000
133  2200-7031       For grants to support municipal flood risk protection programs; provided,
134   that priority may be given to flood control projects that pose the greatest risk to public health or
135   safety, or to the environment; provided further, that starting December 31, 2026, the department
136   of environmental protection shall submit semi-annual reports to the house and senate committees
137   on ways and means on: (i) the total number of grants issued; (ii) the amounts granted to each
138   municipality; (iii) the types of flood mitigation programs the grants support; and (iv) the number
139   of grant applications………………………………………………….………………..$75,000,000
140  SECTION 2B.
141  EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
142  Department of Fish and Game
143  2300-0422       For the acquisition of land and interests in land by the department of fish
144   and game and for associated costs including, but not limited to, planning, studies, due diligence,
145   title and appraisal services, site restoration and stewardship; provided, that such lands may be
146   purchased after approval by the commissioner of fish and game; provided further, that funds may
147   be expended on the development and implementation of a capital stewardship program on lands
148   under the care and control of the department of fish and game and its divisions; provided further,
149   that funds may be used for restoration, repair and reclamation of acquired land including, but not
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150   limited to, demolition of structures, removal of debris, eradication of nonnative species and other
151   capital investments essential to the reclamation efforts; and provided further, that projects may
152   be carried out with other public and nonpublic entities including, but not limited to, federal and
153   state agencies, municipalities, nonprofit and conservation organizations, public and private land
154   owners and tribal governments………………………………………….…………….$53,500,000
155  2300-7019       For planning, design, engineering, construction, reconstruction,
156   renovation, repair, demolition, acquisition, enhancements, improvements, removal and
157   replacement of the infrastructure, facilities and equipment under the care and control of the
158   department of fish and game and its divisions including, but not limited to, buildings and other
159   structures, education centers, district headquarters, hatchery facilities, offices, storage buildings,
160   shooting ranges, archery facilities, dams, laboratories, equipment, vehicles, vessels and site
161   clearance; provided, that funds may be used to: (i) incorporate energy efficiency and renewable
162   technologies; (ii) decrease energy use and greenhouse gas emissions; (iii) increase climate
163   resiliency; or (iv) enhance accessibility; and provided further, that funds may be used for
164   implementation of projects in furtherance of the statewide hazard mitigation and climate
165   adaptation plan……………………………………………………….……………….$15,000,000
166  2300-7030       For the rehabilitation, reconstruction, modernization and decarbonization
167   of the department of fish and game’s division of fisheries and wildlife Charles L. McLaughlin
168   Fish Hatchery in the town of Belchertown including, but not limited to, new construction, repair
169   and rehabilitation of buildings and grounds…………………………………………...$20,000,000
170  2300-7031       For ecological restoration capital programs and projects at the department
171   of fish and game’s division of ecological restoration; provided, that funds from this item may be
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172   used for river, wetland and watershed restoration and protection including, but not limited to: (i)
173   dam and barrier removal; (ii) streamflow and water quality restoration; (iii) road-stream crossing
174   upgrades; (iv) improving public access, including enhancements to accessibility; (v) restored
175   rivers and wetlands; (vi) and other capital activities that restore biodiversity and support nature-
176   based approaches for adapting to climate change; provided further, that the commissioner of fish
177   and game or the commissioner’s designee may enter into cooperative agreements with state and
178   federal agencies, municipalities, non-governmental organizations, regional planning agencies,
179   tribal governments and others; provided further, that funds in this item may be used for the
180   purchase of equipment; provided further, that the commissioner of fish and game may award
181   grants to public and nonpublic entities and tribal governments to carry out this
182   item………………………………………………………………………………….$40,000,000
183  2300-7032       For the planning, engineering, design, construction, acquisition,
184   development and reconstruction of existing and new coastal and inland access sites identified by
185   the department of fish and game’s office of fishing and boating access including, but not limited
186   to, boat launching facilities, commercial fishing facilities, fishermen boat access facilities, car-
187   top boat launching facilities, canoe and kayak access facilities, sport fishing piers and shore
188   fishing areas including, but not limited to, ramps, docks, floats and appurtenant facilities
189   throughout the commonwealth; provided, that funds may be used on enhancements to
190   accessibility, construction of signage and informational kiosks and the implementation of coastal
191   projects developed jointly with the director of the Marine Recreational Fisheries Development
192   Fund established in section 35NN of chapter 10 of the General Laws in consultation with the
193   marine recreational fisheries development panel established in section 17C of chapter 130 of the
194   General Laws….$10,000,000
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195  2300-7033      For marine fisheries resource conservation and restoration and capital
196   support of local commercial and recreational fisheries, which may include but shall not be
197   limited to fish and habitat restoration, hard bottom habitat enhancement, vessels, vehicles and
198   equipment; provided, that projects may be carried out in cooperation with public and nonpublic
199   entities, tribal governments and other management agencies; and provided further, that the
200   department may award grants to public and nonpublic entities and tribal governments to carry
201   out this item……………………………………………………………………………$5,000,000
202  2300-7034      For the planning and implementation of capital projects and programs at
203   the department of fish and game and its divisions in furtherance of Executive Order no. 618
204   entitled “Biodiversity Conservation in Massachusetts”, which shall include but not be limited to
205   a local biodiversity capital grant program to support community-led biodiversity efforts;
206   provided, that the projects and programs may be carried out in cooperation with public and
207   nonpublic entities, tribal governments and other management agencies including, but not limited
208   to, other state agencies, municipalities, regional planning agencies and nonprofit organizations;
209   and provided further, that the department and its divisions may award grants to public and
210   nonpublic entities, tribal governments and other management agencies including, but not limited
211   to municipalities, regional planning agencies and nonprofit organizations, to carry out this
212   item…………………………………………………..…………………………....…..$20,000,000
213   SECTION 2C.
214  EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
215  Office of the Secretary
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216  2000-7067       For improvements and replacements to the infrastructure and holdings of
217   the executive office of energy and environmental affairs and its departments and divisions and
218   for capital assets and improvements to infrastructure and holdings that support the mission of the
219   executive office of energy and environmental affairs; provided, that this may include, but shall
220   not be limited to, buildings, equipment and vehicles; provided further, that investments may
221   support the development and implementation of capital projects that support the integrated state
222   hazard mitigation and climate adaptation plan; provided further, that the secretary of energy and
223   environmental affairs may grant priority to critical actions and strategies identified in the plan;
224   provided further, that the secretary of energy and environmental affairs may provide guidance for
225   the planning, prioritization, selection and implementation of projects in furtherance of the goals
226   of climate change mitigation and adaptation and consistent with the integrated state hazard
227   mitigation and climate adaptation plan; provided further, that funds may support development of
228   outdoor recreation sites and facilities and infrastructure; provided further, that funds may be
229   awarded to public and nonpublic entities including, but not limited to, tribal governments,
230   municipalities, regional planning agencies and nonprofit organizations, or expended directly by
231   the executive office of energy and environmental affairs and its departments and divisions;
232   provided further, that grant funds may be used for planning, engineering, design, acquisition,
233   permitting, construction, repair and renovation; and provided further, that grants shall be
234   awarded in a manner that promotes accessibility, supports geographic equity and supports
235   disadvantaged populations…………………………………………………………….$73,000,000
236  2000-7068       For a tree planting greening program for projects on publicly-owned land
237   or on private lands with the consent of the owner and subject to appropriate covenants that shall
238   assure the continued presence and effectiveness of the commonwealth’s investment including,
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239   but not limited to, the evaluation and planning of tree greening projects, tree stock and planting
240   and capital maintenance of urban trees; provided, that the secretary shall give priority to the
241   planting of trees in cities and towns with a completed tree management plan; provided further,
242   that funds may be expended to assist cities and towns in the development of a tree management
243   plan; provided further, that such plan shall include, but not be limited to: (i) an assessment of the
244   existing inventory and health of trees in a participating municipality’s tree canopy cover and tree
245   planting analysis to determine optimal siting of new trees, following established scientific
246   protocols; (ii) a quantitative assessment of expected benefits from the expansion of the
247   municipality’s tree canopy cover on energy consumption, local climatic conditions and climate
248   resilience and public health; (iii) plans to care for existing trees and provide follow-up care
249   following the planting of trees; and (iv) a timeline for completion of specific projects within the
250   plan which includes project prioritization for environmental justice communities as defined by
251   the Executive Office of Energy and Environmental Affairs; and provided further, that funds may
252   be used to provide grants, technical assistance or other support to public and nonpublic entities
253   and tribal governments to fulfill the purposes of this
254   item......................................................................................................................….$10,000,000
255  2000-7069  To establish within the executive office of energy and environmental
256   affairs a grant and loan program to be run in consultation with the department of energy
257   resources, the Massachusetts clean energy technology center, the Governor’s Office of Climate
258   Innovation and Resilience, the executive office of housing and livable communities, the
259   Massachusetts School Building Authority, the executive office of economic development, the
260   Massachusetts Housing Partnership fund board and the Massachusetts Development Finance
261   Agency, and the funds shall be expended for costs associated with the renovation of existing
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262   buildings, including affordable housing as defined by section 38D of chapter 121B of the
263   General Laws, households as defined by said section 38D of said chapter 121B, municipal
264   buildings, including, but not limited to, public schools, and small businesses with Massachusetts
265   State Supplier Diversity Office Certifications, to conduct “Zero Carbon Renovations'' so that
266   these buildings shall, to the maximum extent practicable: (i) be highly energy efficient, (ii) use
267   all-electric heating, hot water and cooking technologies; (iii) include on-site renewable energy
268   generating sources; and (iv) be renovated with low-embodied carbon materials; provided, that
269   funds may be expended as necessary for costs associated with the remediation of existing
270   building conditions that must be addressed before a Zero Carbon Renovation can be completed;
271   provided, that such remediations may include but shall not be limited to mitigation of mold,
272   asbestos, insect and animal infestation, lead paint, electric system upgrades to meet current code
273   or facilitate building electrification, accessibility upgrades required for compliance with the
274   Americans with Disabilities Act, and remediation of any structural issues related to
275   accommodating the Zero Carbon Renovation; provided, that said funds shall be available to
276   buildings throughout the commonwealth, while prioritizing affordable housing and low- or
277   moderate-income homes, public schools, municipal buildings, small businesses with
278   Massachusetts State Supplier Diversity Office Certifications and other buildings located in: (1)
279   environmental justice communities, as defined in section 62 of chapter 30 of the General Laws;
280   and (ii) gateway cities; and provided further, that funds shall, to the maximum extent feasible, be
281   allocated and spent through existing programs supporting the aforementioned decarbonization
282   activities………………..…………………..$1,000,000
283  2000-7078       For the MassTrails program and other capital improvements to the
284   commonwealth’s trails; provided, that funds may be used for the planning, engineering, design,
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285   permitting, construction, repair, technical assistance and improvement of trails and the
286   acquisition of property interests for trail purposes; provided further, that not less than
287   $10,000,000 shall be expended for the design and construction of accessible trails for people
288   with disabilities including, but not limited, to upgrades in accordance with guidelines from the
289   United States Forest Service and the United States Access Board’s accessibility standards for
290   federal outdoor developed areas; provided further, that funds may be granted at the discretion of
291   the secretary of energy and environmental affairs to public and nonpublic entities, including
292   municipalities, regional planning agencies and nonprofit organizations, or expended directly by
293   the executive office of energy and environmental affairs and its departments and divisions;
294   provided further, that trails are to be broadly defined to include water, recreational, multi-use,
295   motorized use by recreational and snow vehicles, trails designed to enhance accessibility and
296   may be paved, improved, natural surface or on-road for limited distances when necessary to
297   make key connections; provided further, that any project funded from this item shall be open to
298   the public; provided further, that wherever practicable, property interests acquired shall be
299   permanently conserved such that the trail thereon is permanently accessible to the public but may
300   be subject to long-term leases where necessary to advance trail projects; and provided further,
301   that a match from the funding recipient, which may include in-kind match, may be required at
302   the discretion of the secretary of energy and environmental affairs; and provided further, that
303   funds may be used to construct, repair or improve kayak and canoe launches, including signage
304   of “put-ins", at public rivers, ponds, and lakes under the care and control of the
305   department…………….…….$76,000,000
306  2000-7082       For grant programs related to and investments in: (i) land, soil, water and
307   natural resource conservation, open space preservation and other capital expenditures that
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308   conserve land and natural resources that provide ecosystem services, including clean air and
309   water, watershed remediation, water conservation and other capital investments related to water
310   resource protection and flood prevention; (ii) coastal resource protection including, but not
311   limited to, securing access to protected coastal lands and lands to provide for the inland
312   migration of coastal habitats; (iii) recreation, including the acquisition, development,
313   construction, rehabilitation and improvement of parks and all related facilities in neighborhoods
314   underserved with parks, including assessment and remediation of brownfield sites intended for
315   park use; (iv) environmental equity and wildlife and endangered species protection including, but
316   not limited to, the: (a) local acquisition for natural diversity grant program; (b) parkland
317   acquisition and renovation for communities grant program; (c) tribal land acquisition grant
318   program; (d) healthy soils grant program; (e) woodlands partnership grant program; and (f)
319   conservation partnership grant programs including, but not limited to, programs to support
320   landscape-scale land conservation projects, the drinking water supply protection grant program,
321   grant programs to assist and provide funding to conservation districts and grants to support
322   projects and initiatives that promote carbon sequestration and climate change resiliency through
323   sustainable forestry and salt marsh restoration; (v) capital grants and technical assistance to
324   facilitate the conservation of land by municipalities, tribal governments, land trusts and other
325   conservation organizations; (vi) MassTrails grants and other capital investments to advance trails
326   of all kinds; and (vii) grants and other expenditures to support local, regional and state land use
327   planning and management capabilities to advance smart growth efforts, which shall be pursuant
328   to rules and regulations adopted by the secretary of energy and environmental affairs to
329   effectuate this item; provided, that funds may be used to provide grants to public and nonpublic
330   entities and tribal governments to carry out this item; provided further, that the secretary of
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331   energy and environmental affairs may provide guidance and expend funds for planning,
332   prioritization, selection and implementation of projects in furtherance of the goals of climate
333   change mitigation and adaptation consistent with the integrated state hazard mitigation and
334   climate adaptation plan, and in support of disadvantaged populations; provided further, that
335   funds shall be expended for drought preparedness, streamflow monitoring, watershed
336   assessment, water conservation initiatives, environmental monitoring, water supply resilience
337   planning and related activities to protect river ecosystems, wetlands, drinking water resources
338   and aquatic habitat during periods of drought; and provided further, that all projects shall provide
339   appropriate public access as determined by the
340   secretary……………………………………………………………………….….$120,000,000
341  2000-7083       For the design, construction, acquisition, reconstruction, rehabilitation,
342   retrofitting, repair or removal of coastal infrastructure and resilience measures including, but not
343   limited to, seawalls, jetties, revetments, retaining walls, port infrastructure, beach nourishment,
344   living shorelines, coastal lands and other nature-based solutions, which shall mean strategies that
345   conserve, restore and employ the natural resources of the commonwealth to enhance climate
346   adaptation, build resilience and support mitigation; provided, that costs payable from this item
347   may include, but shall not be limited to, the costs of engineering and other technical assistance
348   and planning services essential to these projects rendered by the office of coastal zone
349   management in the executive office of energy and environmental affairs, the office of waterways
350   in the department of conservation and recreation and other commonwealth employees or
351   consultants; provided further, that grants and loans may be made to local government units to
352   carry out this item; provided further, that grants may also be awarded to nonpublic entities for
353   approved projects funded herein; provided further, that funds may be used on lands held by
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354   municipal, county, state or federal agencies or other governmental bodies on lands held by
355   nonprofit conservation organizations or on private lands with the consent of the owner and
356   subject to covenants that assure the continued presence and effectiveness of such projects for the
357   expected life of the projects; provided further, that the use of such funds by county and
358   municipal governmental bodies on lands held by nonprofit conservation organizations or on
359   private lands, shall require, in a county, a vote of the county commissioners, in a city having a
360   Plan D or Plan E charter, by a majority vote of all the members of the city council, in a city not
361   having such a charter, by a majority vote of the city council, subject to the charter of that city,
362   and in a town, by a majority vote of the selectboard; provided further, that the secretary of
363   energy and environmental affairs may provide guidance for planning, prioritization, selection
364   and implementation of projects in furtherance of the goals of climate change mitigation and
365   adaptation and consistent with the integrated state hazard mitigation and climate change
366   adaptation plan………………………………………………………….…………...$250,000,000
367  2000-7086       For the design, construction, reconstruction, rehabilitation, retrofitting,
368   repair or removal of municipally owned dams, publicly owned dams and other dams for which
369   emergency action or hazard mitigation is required and for inland flood control projects and
370   projects for related facilities and equipment including, but not limited to, seawalls, jetties,
371   revetments, retaining walls, beach nourishment and other nature-based solutions on publicly
372   owned land or related to state or municipal climate change adaptation and preparedness or for
373   which emergency action or hazard mitigation is required; provided, that the secretary of energy
374   and environmental affairs shall give priority to dams and flood control projects that pose the
375   greatest risk to public health or safety or to the environment; provided further, that funds shall be
376   available for a program of planning, permitting and construction of fish ways and other aquatic
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377   habitat improvements, including the removal or breaching of selected dams and impoundments
378   on state-owned land and waterways; provided further, that funds may be used to provide grants
379   to public and charitable organizations to carry out this item; provided further, that funds under
380   this item shall be subject to the provisions of subsection (c) of section 2IIII of chapter 29 of the
381   General Laws; provided further, however, that said subsection (c) of said section 2IIII of said
382   chapter 29 shall not apply to a grant for the design of a dam project and that any grant for the
383   construction, reconstruction, rehabilitation, retrofitting, repair or removal of a dam may be
384   awarded to a public or charitable organization only where such public or charitable organization
385   either: (1) holds a clear and sufficient property interest in the land and structures comprising the
386   project; or (2) holds a letter of support or non-opposition to the project signed by the chief
387   executive officer of the municipality, as defined by section 7 of chapter 4 of the General Laws, in
388   which the project is located; and provided further that the secretary may provide guidance for
389   planning, prioritization, selection and implementation of projects in furtherance of the goals of
390   climate change mitigation and adaptation and consistent with the integrated state hazard
391   mitigation and climate change adaptation plan; provided further, that priority consideration may
392   be given to projects supported by the municipality hosting the asset to be repaired or removed
393   and those municipalities that lie within 1 mile of the water's edge of the impoundment; and
394   provided further that the executive office of energy and environmental affairs shall encourage
395   applicants to consult with the municipality hosting the asset to be repaired or removed, including
396   requiring applicants to notify the municipality with details of the project at least 30 days in
397   advance of submitting a funding application………………………………………..$93,500,000
398  2000-7087       For the acquisition of land and interests in land by the executive office of
399   energy and environmental affairs and for associated costs including, but not limited to, planning,
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400   study, due diligence, title and appraisal services, site restoration, monitoring and stewardship
401   including, but not limited to, acquisitions for open space, recreation, conservation, wildlife and
402   endangered species protection and forest land protection and for related costs and activities in
403   support of conservation goals; provided, that not more than $25,000,000 may be used to
404   capitalize the Transfer of Development Rights Revolving Fund established in section 35HHH of
405   chapter 10 of the General Laws; provided further, that funds from this item may be used to
406   develop and implement a capital stewardship program on lands under the care and control of the
407   executive office or its departments and divisions or subject to conservation restrictions or other
408   related interests in land purchased through this item; provided further, that funds may be used for
409   restoration, repair and reclamation of acquired land, including demolition of structures, removal
410   of debris, eradication of nonnative species and other services essential to such reclamation
411   efforts; and provided further, that the secretary of energy and environmental affairs may provide
412   guidance and expend funds for preservation and acquisition of land and interests in land in
413   furtherance of the goals of climate change mitigation and adaptation, consistent with the
414   integrated state hazard mitigation and climate adaptation plan, and in support of disadvantaged
415   populations…………………………………………………………………………….$85,000,000
416  2000-7088       For the municipal vulnerability preparedness grant program to support and
417   provide technical assistance for the political subdivisions of the commonwealth including, but
418   not limited to, cities, towns, counties and districts, tribal governments, regional planning
419   agencies, nonprofit organizations, or any authority, commission, board or instrumentality
420   thereof, to complete climate-related vulnerability assessments, develop equitable, action-oriented
421   resiliency plans and complete integrated climate change adaptation plans and local hazard
422   mitigation plans and to implement local and regional adaptation solutions identified through such
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423   plans; provided, that such funds may be used on lands held by municipal, state or federal
424   agencies, tribal governments or other governmental bodies, nonprofit organizations or on private
425   lands with the consent of the owner and subject to covenants that shall assure the continued
426   presence and effectiveness of such projects for the expected life of the projects; provided further,
427   that the use of such funds by municipal governmental bodies on lands held by nonprofit
428   organizations or on private lands shall require the vote of a majority of the grantee’s legislative
429   body or board of directors or the equivalent thereof; provided further, that funds may be used to
430   develop wastewater facility adaptation plans; provided further, that such funds may be used for
431   the political subdivisions of the commonwealth including, but not limited to, cities, towns,
432   counties and districts, tribal governments, regional planning agencies, nonprofit organization, or
433   any authority, commission, board or instrumentality thereof, to appoint and retain coordinators to
434   advance sustainability, resiliency and climate adaptation; and provided further, that the program
435   may prioritize low income and environmental justice communities………………..$315,000,000
436  2000-7089       For local environmental, recreational, resiliency and preservation projects;
437   provided, that not less than $400,000 shall be expended to the Merrimack River Watershed
438   Council, Inc. for a regional approach to reducing combined sewer overflows and non-point
439   source pollution in the Merrimack River; provided further, that not less than $500,000 shall be
440   expended to the Town of Hingham for coastal resilience along the Hingham Harbor; provided
441   further, that not less than $500,000 shall be expended to the town of Cohasset for the Towns of
442   Cohasset and Scituate to implement restoration projects in the Gulf River Estuary; provided
443   further, that not less than $50,000 shall be expended to the Hull Lifesaving Museum for the
444   installation of a ramp at the Windmill Point Boathouse; provided further, that not less than
445   $40,000 shall be expended to the North and South Rivers Watershed Association for the North
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446   River Commission's enforcement of the North River Protective Order; provided further, that not
447   less than $250,000 shall be expended to the town of Uxbridge for the Kempton Road and East
448   Street water project, including, but not limited to, the design, permitting and construction of a
449   replacement booster pump station and associated infrastructure to address long-standing
450   hydraulic issues, improve water pressure and ensure the delivery of high-quality municipal water
451   to residents; provided further, that not less than $250,000 shall be expended to the town of
452   Uxbridge for the repair, rehabilitation and fortification of the Hecla street bridge over the West
453   river, including the construction of a bridge slab to span the existing stone arch to mitigate
454   structural degradation, address its status as a scour critical structure and restore full weight-
455   bearing capacity for emergency apparatus and public travel; provided further, that not less than
456   $250,000 shall be expended to the town of Bellingham for the design, permitting and
457   construction of flood mitigation and drainage improvements within the Arnold Brook watershed,
458   which shall include, but not be limited to: (i) the replacement of the Lizotte drive culvert with a
459   larger span structure to alleviate hydraulic restrictions; (ii) the extension of the closed drainage
460   system along Dalmor road, Lizotte drive, Newland avenue, Prairie street, Edgewood road and
461   Morin drive; (iii) the expansion of storage capacity and retrofit of the Fox Run basin; and (iv) the
462   creation of a swale between Whitehall way and Fox Run to divert stormwater flow away from
463   residential properties; provided further, that not less than $500,000 shall be expended to The
464   Walden Woods Project for the purchase of a conservation restriction from the town of Concord
465   for a 35-acre municipal site bordering Walden Pond State Reservation; provided further, that not
466   less than $200,000 shall be expended to the town of Shrewsbury to provide for the planning,
467   identification, development and implementation of sustainable pocket parks and public green
468   spaces on school properties and municipal land, incorporating native, low-maintenance and
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469   pollinator-friendly plantings that support climate resilience, biodiversity, environmental
470   education and community recreation and use; provided further, that not less than $7,000,000
471   shall be expended for the department of conservation and recreation to create a public-private
472   partnership to implement a public marina at the dock located between the Steriti memorial
473   skating rink and the Prince street park on Commercial street in the North End section of the city
474   of Boston; provided further, that not less than $75,000 shall be expended for improvements to
475   the parking area and drainage at the C-5 state police barracks; provided further, that not less than
476   $200,000 shall be expended to purchase and install an emergency communications system in the
477   town of Palmer; provided further, that not less than $250,000 shall be expended to the town of
478   Lanesborough for the Pontoosuc Lake; provided further, that not less than $300,000 shall be
479   expended for infrastructure improvements for the Adirondack Farm in the Southeastern
480   Massachusetts Bioreserve in Fall River; provided further, that not less than $1,000,000 shall be
481   expended to the town of Plymouth for the restoration of Cotton Brook Cranberry Bog; provided
482   further, that not less than $1,000,000 shall be expended to the town of Plymouth for the Water
483   Street/Town Wharf Seawalls; provided further, that not less than $200,000 shall be expended to
484   the town of Cheshire for weed eradication in Cheshire Lake; provided further, that not less than
485   $350,000 shall be expended to the town of Adams for the establishment of an environmental
486   center at Greylock Glen; provided further, that not less than $500,00 shall be expended for tree
487   planting, watering, maintenance, associated activities and improvements in Medford; provided
488   further, that not less than $2,000,000 shall be expended for improvements to establish a
489   resilience hub at the Dorothy T. Hegner Center in Medford; provided further, that not less than
490   $500,000 shall be expended for the cleanup, assessment, remediation or redevelopment of the
491   former Lunt Silversmiths site on Federal Street in the City of Greenfield; provided further, that
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492   not less than $500,000 shall be expended for improvements and development of the Bidwell
493   Property and Rabbit Run in the town of Athol; provided further, that not less than $500,000 shall
494   be expended for improvements and development of the riverside along the Millers River in the
495   Town of Orange; provided further, that not less than $7,500,000 shall be expended to the Pioneer
496   Valley Planning Commission for the communities of Holyoke, Springfield and Chicopee and for
497   the purpose of designing and permitting combined sewer overflow remediation projects in those
498   communities; provided further, that not less than $500,000 shall be expended to the city of
499   Taunton for improvements to the Assawompsett Dam and auxiliary spillway, including
500   embankment regrading, spillway rehabilitation, erosion protection, installation of automated
501   water control systems and related infrastructure improvements to enhance drinking water
502   reliability, reduce flood risk, improve water quality and support aquatic habitat restoration;
503   provided further, that not less than $500,000 shall be expended to construct a water line from the
504   Town of Hull to Georges Island; provided further, that not less than $1,000,000 shall be
505   expended to the Boston Housing Authority to advance retrofit and modernization projects at
506   Pasciucco Apartments in Dorchester; provided further, that not less than $1,000,000 shall be
507   expended on programs to promote urban agriculture and hydroponics; provided further, that not
508   less than $250,000 shall be expended for the removal of hazardous trees in the town of Sutton;
509   provided further, that not less than $2,000,000 shall be expended to the Boston Housing
510   Authority to advance a retrofit project at Commonwealth Development/Fidelis Way and 91-95
511   Washington Street in Boston; provided further, that not less than $250,000 shall be expended for
512   the removal of hazardous trees in the town of Douglas; provided further, that not less than
513   $400,000 shall be expended to the North and South Rivers Watershed Association for purposes
514   including but not limited to permitting and early phases of construction related to the removal of
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515   the Chandler Pond Dam in the town of Marshfield; provided further, that not less than $250,000
516   shall be expended to the 300 Committee Land Trust for the design, permitting and construction
517   of environmentally sensitive restrooms at Andrews Grove along the Coonamessett River in the
518   town of Falmouth; provided further, that not less than $500,000 shall be expended for trails
519   providing universal access to the Mystic River shoreline in Blessing of the Bay Park in the city
520   of Somerville; provided further, that not less than $250,000 shall be expended for pedestrian
521   bridge improvements at Torbert MacDonald State Park in the city of Medford; provided further,
522   that not less than $5,000,000 shall be expended to the city of Boston to advance resilience
523   projects in the North End, Downtown and Wharf District neighborhoods in the city of Boston;
524   provided further, that not less than $250,000 shall be expended to the city of Somerville to
525   prepare engineering design and construction bid documents for a new fully signalized
526   intersection and pedestrian crosswalk across State Route 16 at Woods Avenue in the city of
527   Somerville; provided further, that not less than $500,000 shall be expended for the feasibility,
528   design and permitting of the Bourne Rail Trail Shared-Use Path along the Massachusetts
529   Department of Transportation Rail Line Right-of-Way from the existing Shining Sea Bike Path
530   in North Falmouth to the Cape Cod Canal in the town of Bourne; provided further, that not less
531   than $1,000,000 shall be expended to the City of Lawrence for the design , permitting and
532   construction of the Tower Hill Waterfront Park, to provide impactful nature-based solutions,
533   address heat vulnerability and create high-quality recreational amenities for residents; provided
534   further, that not less than $1,000,000 shall be expended to the City of Lawrence to rehabilitate
535   the Lawrence Reservoir to help beautify an underserved section of the city and provide
536   recreational opportunities for residents; provided further, that not less than $25,000 shall be
537   expended for Local Catch 143 to support educational programming for students focused on
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538   locally sourced, sustainable seafood and related learning opportunities; provided further, that not
539   less than $1,000,000 shall be expended for improvements to Alder Brook and the George Aggott
540   Culvert in the Town of Needham; provided further, that not less than $17,000 shall be expended
541   for the Town of Dover to conduct an analysis for the location of the Town's replacement fuel
542   system; provided further, that not less than $1,750,000 shall be expended for resiliency efforts at
543   the Boston Nature Center in the Mattapan neighborhood of the City of Boston; provided further,
544   that not less than $250,000 shall be expended to the city of Revere for the expansion and
545   improvement of Gibson Park, including the redevelopment of the former boatyard property,
546   demolition, site preparation, public open space improvements, shoreline access enhancements
547   and the establishment of a community boating center; provided further, that not less than
548   $500,000 shall be expended by the department of conservation and recreation for a climate
549   resilience, flood mitigation, and dredging feasibility study of the Charles River between the
550   Galen Street Bridge and the Arsenal Street Bridge and said study shall include sediment
551   characterization, hydrologic and hydraulic analysis, environmental review, permitting
552   requirements, engineering assessments, cost estimates, water quality impacts, habitat restoration
553   opportunities and recommendations for dredging and long-term sediment management to
554   improve flood storage capacity, ecological health, climate resilience and public access along the
555   Charles River; provided further, that not less than $2,000,000 shall be expended to the Boston
556   Housing Authority to advance a retrofit project at Pasciucco Apartments in Dorchester; provided
557   further, that not less than $1,000,000 shall be expended to the city of Revere for the planning,
558   engineering, design and development of wastewater conveyance and related infrastructure
559   improvements, including preliminary design and environmental review activities, to support
560   regional wastewater capacity, economic development and redevelopment initiatives; provided
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561   further, that not less than $320,000 shall be expended to the North and South Rivers Watershed
562   Association for the planning, design, permitting and construction of public river access
563   infrastructure, including a dock, boat ramp, parking and related improvements associated with
564   their river center access project in the town of Pembroke; provided further, that not less than
565   $500,000 shall be expended to the city of Chelsea to support environmental justice work;
566   provided further, that not less than $250,000 shall be expended to the city of Chelsea for
567   improvements to the trail system and wetlands ecosystem along Mill Creek; provided further,
568   that not less than $1,000,000 shall be expended to the city of Boston for modernization and
569   energy improvements at Groveland Apartments in Mattapan; provided further, that not less than
570   $10,000,000 shall be expended to the Boston Housing Authority to reduce emissions, improve
571   resiliency and enhance open space at the Doris Bunte Apartments in Roxbury; provided further,
572   that not less than $1,000,000 shall be expended to the Hyde Square Task Force for the
573   reconstruction, modernization and decarbonization of their Blessed Sacrament campus in
574   Jamaica Plain, which may include, but not be limited to, roof replacement, masonry repair and
575   installation of a modern HVAC system; provided further, that not less than $1,000,000 shall be
576   expended to the Boston Housing Authority for urban agriculture and open space improvements
577   at Gallivan Apartments in Mattapan; provided further, that not less than $1,000,000 shall be
578   expended for a retrofit project at Franklin Fields Apartments in Dorchester; provided further, that
579   not less than $2,000,000 shall be expended to the city of Pittsfield to update Wahconah Park’s
580   stormwater management system; provided further, that not less than $150,000 shall be expended
581   to the Gladys Allen Brigham Community Center for pre-construction costs of a climate-resilient
582   critical access road to Camp Stevenson-Witawentin; provided further, that not less than $500,000
583   shall be expended to the city of Winthrop for the renovation, rehabilitation or building of
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584   seawalls within its municipal limits; provided further, that not less than $928,000 shall be
585   expended to the town of Lexington for culvert, outfall and debris management improvements on
586   the Winthrop Road Culvert, John Poulter Road and Vine Brook Road; provided further, that not
587   less than $1,500,000 shall be expended to the city of Chicopee’s Department of Public Works for
588   the renovation of municipal parks and recreational facilities; provided further, that not less than
589   $5,000,000 shall be expended to the Boston Children’s Museum for climate resiliency and
590   preservation projects; provided further, that not less than $855,000 shall be expended to the city
591   of Chicopee’s department of public works for critical maintenance and emergency operations;
592   provided further, that not less than $1,000,000 shall be expended to the city of Chicopee’s
593   department of public works to replace, repair and improve sewage pumping stations; provided
594   further, that not less than $4,500,000 shall be expended to the Stone Living Lab to study boulder
595   fields as a coastal resilience approach on the Boston Harbor Islands and Boston waterfront;
596   provided further, that not less than $100,000 shall be expended to the Blackstone Watershed
597   Collaborative for improvements to four access points on the Blackstone River and a feasibility
598   study on access to the river at the Worcester department of conservation and recreation visitor
599   center; provided further, that not less than $2,000,000 shall be expended to the Boston Housing
600   Authority for infrastructure and resiliency at the West Broadway Apartments, Foley Apartments
601   and West 9th Street Apartments in South Boston; provided further, that not less than
602   $10,000,000 shall be expended to the Boston Housing Authority for climate adaptation,
603   resiliency and sustainability investments in the Ausonia Apartments located in the North End
604   neighborhood in the city of Boston; provided further, that not less than $3,500,000 shall be
605   expended to replace, improve and repair docks, piers and moorings on Spectacle Island, Georges
606   Island and Peddocks Island; provided further, that not less than $1,500,000 shall be expended to
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607   Boston Harbor Now, Inc. to develop a climate resilience plan for the Boston Harbor Islands;
608   provided further, that not less than $25,000 shall be expended to Appleton Field Community
609   Garden in the town of Scituate for community gardening, food access, local agriculture
610   education, environmental stewardship and sustainable food production; provided further, that not
611   less than $2,500,000 shall be expended to the city of Boston for improvements to baseball fields
612   as part of the Moakley park renovation project in South Boston; provided further, that not less
613   than $640,000 shall be expended for the removal and remediation of underground fuel lines and
614   storage tanks on Cathleen Stone Island; provided further, that not less than $1,000,000 shall be
615   expended to the Boston Housing Authority for energy improvements at the Bellflower
616   Apartments in Boston; provided further, that not less than $1,000,000 shall be expended to the
617   department of conservation and recreation to improve water quality at Cochituate state park in
618   Natick; provided further, that not less than $5,000,000 shall be expended for resiliency
619   improvements at the Everett Docklands project; provided further, that not less than $500,000
620   shall be expended to the town of Natick for improvements to its public parks; provided further,
621   that not less than $500,000 shall be expended to the town of Wayland for improvements to its
622   public parks; provided further, that not less than $600,000 shall be expended to the town of
623   Wilbraham to construct a sidewalk on Stony Hill road; provided further, that not less than
624   $190,000 shall be expended to Boston Habor Now, Inc. to create elevation and reliance design
625   standards for the Boston Harborwalk; provided further, that not less than $1,000,000 shall be
626   expended to the Boston Housing Authority for energy and quality improvements at Washington
627   Manor, Hampton House, and Frederick Douglass Apartments in Boston; provided further, that
628   not less than $2,000,000 shall be expended to the Boston Housing Authority for modernization
629   and energy improvements at the Spring Street Apartments; provided further, that not less than
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630   $1,000,000 shall be expended to the city of Worcester for accessibility improvements on Sprague
631   Trail at Broadmeadow Brook Wildlife Sanctuary; provided further, that not less than $2,000,000
632   shall be expended to the Massachusetts Food Trust program established in section 65 of chapter
633   23A of the General Laws; provided further, that not less than $549,000 shall be expended to the
634   city of Easthampton for the replacement of its existing pump station at its wastewater treatment
635   plant; provided further, that not less than $2,000,000 shall be expended for the feasibility, design
636   and permitting of a trail along the VFW parkway/ Providence highway corridor from West
637   Roxbury into Dedham; provided further, that not less than $75,000 shall be expended to the city
638   of Easthampton to replace obsolete wastewater treatment pumps; provided further, that not less
639   than $300,000 shall be expended to the city of Easthampton for unsound concrete repairs at its
640   wastewater treatment plant; provided further, that not less than $100,000 shall be expended to the
641   city of Easthampton for a feasibility study of locations for unsound concrete repairs at its
642   wastewater treatment plant; provided further, that not less than $5,000 shall be expended to the
643   town of Scituate for the maintenance, improvement and preservation of the public trail
644   connecting Old Forge road and Pineview drive; provided further, that not less than $600,000
645   shall be expended to the town of Milton for a multiuse trail at Houghton pond’s recreation area
646   within the Blue Hills Reservation; provided further, that not less than $2,000,000 shall be
647   expended to the town of Avon for a sewer project at the Avon Industrial Park; provided further,
648   that not less than $75,000 shall be expended to the town of Wareham for water quality
649   improvements and ecological restoration at Agawam Mill pond; provided further, that not less
650   than $1,000,000 shall be expended to the city of Malden for extreme heat mitigation through
651   shade shelters, hydration and misting stations and the removal of impervious surfaces; provided
652   further, that not less than $200,000 shall be expended to the town of West Newbury for the River
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653   Road Climate Vulnerability and Resiliency project; provided further, that not less than
654   $1,000,000 shall be expended to the city of Lawrence to create the Tower Hill Waterfront park;
655   provided further, that not less than $500,000 shall be expended to the town of Groveland for the
656   Johnson Creek Dam project; provided further, that not less than $200,000 shall be expended to
657   the city of Malden for tree planting and forestry initiatives to provide protections from extreme
658   heat; provided further, that not less than $500,000 shall be expended to the town of Boxford for
659   the replacement of the Pye Brook Culvert; provided further, that not less than $1,000,000 shall
660   be expended to GreenRoots to support public access to the Chelsea Creek waterfront; provided
661   further, that not less than $1,000,000 shall be expended to the city of Melrose for improvements
662   and the restoration of the Ell pond wetlands; provided further, that not less than $1,000,000 shall
663   be expended to the city of Melrose for stormwater management improvements at Franklin Field
664   and abutting Melrose Housing Authority property; provided further, that not less than $650,000
665   shall be expended to the town of Belchertown to work in collaboration with Kestrel Land Trust,
666   Inc. and other private conservation groups to permanently conserve and increase public
667   recreational access to forested land in the West Quabbin region; provided further, that not less
668   than $410,000 shall be expended to the town of Shutesbury to work in collaboration with Kestrel
669   Land Trust, Inc. and other private conservation groups to permanently conserve and increase
670   public recreational access to forested land in the West Quabbin region; provided further, that not
671   less than $100,000 shall be expended to the town of Pelham to work in collaboration with
672   Kestrel Land Trust, Inc. and other private conservation groups to permanently conserve and
673   increase public recreational access to forested land in the West Quabbin region; provided further,
674   that not less than $750,000 shall be expended to the city of Newburyport for the reconstruction
675   and elevation of the Lower Artichoke Reservoir Dam; provided further, that not less than
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676   $750,000 shall be expended to the town of Merrimac for upgrades to the Merrimack Sewage
677   Treatment Plant; provided further, that not less than $250,000 shall be expended to city of
678   Amesbury for the restoration of the Powwow river between the municipal drinking water intake
679   weir and Lake Gardner; provided further, that not less than $1,000,000 shall be expended to the
680   city of Cambridge for pathway accessibility improvements between Magazine beach and the
681   Anderson Memorial bridge; provided further, that not less than $500,000 shall be expended to
682   the city of Taunton for the implementation of infrastructure improvements at Watson Pond State
683   park; provided further, that not less than $5,000,000 shall be expended to the city of Boston for
684   resiliency efforts at Tenean beach; provided further, that not less than $500,000 shall be
685   expended to the Friends of Sholan Farms, Inc. for improvements at Sholan Farms in the city of
686   Leominster; provided further, that not less than $500,000 shall be expended to the city of
687   Leominster for the repair of flood damage to Slack brook on Exchange street; provided further,
688   that not less than $1,000,000 shall be expended to the Woods Hole Oceanographic Institution for
689   costs associated with coastal resiliency projects within the town of Falmouth; provided further,
690   that not less than $500,000 shall be expended to the town of Nantucket for costs associated with
691   coastal resiliency projects in the areas of Easy street, Washington street, and other areas of
692   critical concern within the town of Nantucket; provided further, that not less than $250,000 shall
693   be expended to the town of West Tisbury for costs associated with improvements to or
694   replacement of the bridge located at State road and Mill brook; provided further, that not less
695   than $100,000 shall be expended to the Norwell conservation commission for the planning,
696   design, construction and establishment of a fish ladder at Jacobs pond in the town of Norwell;
697   provided further, that not less than $500,000 shall be expended to the town of Charlton for
698   wastewater treatment plant improvements; provided further, that not less than $2,000,000 shall
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699   be expended to the city of Quincy for dredging and pre-dredging activities in Quincy bay and
700   beach restoration in the Merrymount section of the city of Quincy; provided further, that not less
701   than $500,000 shall be expended to the town of Dudley for waterline construction and road
702   improvements for PFAS mitigation; provided further, that not less than $1,000,000 shall be
703   expended to the town of Kingston for work associated with the Maple Street dam and culvert;
704   provided further, that not less than $750,000 shall be expended to the town of Nahant for the
705   repair and stabilization of the Willow Road revetment; provided further, that not less than
706   $1,000,000 shall be expended to the city of Lowell for the replacement of the culvert on
707   Stockbridge avenue; provided further, that not less than $1,000,000 shall be expended to the city
708   of Woburn for a constructed wetland, stream and floodplain restoration, and accessible trails at
709   Shaker Glen; provided further, that not less than $180,000 shall be expended to the Centerville,
710   Osterville, Marston’s Mills Fire District for PFAS pilot testing; provided further, that not less
711   than $1,000,000 shall be provided to The Home for Little Wanderers, Inc. for the purpose of
712   upgrading safe drinking water infrastructure at its Plymouth campus; provided further, that not
713   less than $2,000,000 shall be expended to the city of Woburn for wetland, stream and floodplain
714   restoration, and accessible trails at Hurld park; provided further, that not less than $500,000 shall
715   be expended to the town of Kingston and the town of Falmouth to support marine-based
716   community-led biodiversity efforts; provided further, that not less than $1,000,000 shall be
717   expended to the city of Fitchburg to install new drainage infrastructure to eliminate combined
718   sewer overflow in the Cleghorn area; provided further, that not less than $250,000 shall be
719   expended to InnSure to conduct an insurability study of manufactured and modular homes in
720   southeastern Massachusetts; provided further, that not less than $500,000 shall be expended to
721   the city of Lowell for Merrimack river embankment erosion repair at the Vandenberg esplanade;
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722   provided further, that not less than $100,000 shall be expended to the town of Kingston for the
723   purpose of acquiring conservation land; provided further, that not less than $25,000 shall be
724   expended to the city of Lowell for the development of a trail connection linking land owned by
725   the city of Lowell in the Pawtucketville section of the city to the Lowell-Dracut-Tyngsboro state
726   forest to expand recreational access and connectivity; provided further, that not less than
727   $1,000,000 shall be expended to the town of Westport for the replacement, repairs, and upgrades
728   to culverts within the town; provided further, that not less than $10,000,000 shall be expended to
729   Courageous Sailing Center for Youth, Inc. for planning, demolition, and reconstruction of Pier 5
730   in the Charlestown section of the city of Boston; provided further, that not less than $1,000,000
731   shall be expended to the city of Fitchburg for the restoration of the upper and lower Sand Brook
732   culvert; provided further, that not less than $550,000 shall be expended to the town of Pembroke
733   for the Park street culvert replacement; provided further, that not less than $300,000 shall be
734   expended to the city of Fitchburg to upsize and improve resiliency to the culvert at Coggshall
735   park; provided further, that not less than $250,000 shall be expended to the town of Webster for
736   a whole-lake treatment of invasive aquatic weeds on Lake
737   Chargoggagoggmanchauggagoggchaubunagungamaugg; provided further, that not less than
738   $1,000,000 shall be expended to the department of conservation and recreation for the
739   rehabilitation of the town line Brook Tide Gates to reduce inland flood risk; provided further,
740   that not less than $1,000,000 shall be expended to the town of Saugus for the design and
741   construction of the next phase of the Saugus RiverWalk; provided further, that not less than
742   $1,000,000 shall be expended to the town of Saugus for a Regional Saugus River Floodgate;
743   provided further, that not less than $1,000,000 shall be expended to the city of Boston for the
744   redesign, study, permitting, and engineering of Savin Hill Beach Reservation in the Dorchester
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745   section of Boston; provided further, that not less than $45,000 shall be expended for the town of
746   Chelmsford for a pilot program to assess the potential for reduction of waste generation and
747   disposal tonnage; provided further, that not less than $100,000 shall be expended to the town of
748   Webster for boat washing infrastructure to prevent the spread of invasive aquatic weeds on Lake
749   Chargoggagoggmanchauggagoggchaubunagungamaugg; provided further, that not less than
750   $500,000 shall be appropriated to the town of Lexington for culvert, outfall, and debris
751   management improvements on the Winthrop Road Culvert, John Poulter road, and Vine Brook
752   road; provided further, that not less than $500,000 shall be expended to the town of Lakeville
753   and the town of Somerset for access, building systems, and related upgrades to the River Center
754   at Sweets Knoll State park; provided further, that not less than $1,500,000 shall be expended to
755   the city of Lowell for culvert restoration and drainage infrastructure improvements; provided
756   further, that not less than $1,000,000 shall be expended to the town of Wakefield for the
757   rehabilitation of the Veterans field parking lot; provided further, that not less than $150,000 shall
758   be expended to the town of Wakefield for the installation of solar arrays at municipal buildings;
759   provided further, not less than $2,000,000 shall be expended to Community Boating, Inc. for the
760   building envelope; provided further, that not less than $750,000 shall be expended to the town of
761   Scituate for drinking water source protection; provided further, that not less than $500,000 shall
762   be expended to the town of Freetown for the funding design and phase I implementation of the
763   Long Pond Town Beach park project; provided further, that not less than $100,000 shall be
764   expended to the city of Peabody for water quality testing and monitoring within the parcels of
765   land acquired or to be acquired from Rousselot Peabody Inc., including Cedar pond and
766   Goldthwait brook; provided further, that not less than $25,000 shall be expended to the town of
767   Rehoboth for the remediation, testing and supplies for water systems contaminated by per-and
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768   polyfluoroalkyl substances, as well as the installation and maintenance of filtration systems in
769   residents’ homes; provided further, that not less than $750,000 shall be expended to the town of
770   Fairhaven for wastewater treatment plant and pump station rebuilds and refurbishment; provided
771   further, that not less than $750,000 shall be expended to the town of Marion for wastewater
772   pollution control facility capital improvements; provided further, that not less than $75,000 shall
773   be expended to the town of Mattapoisett for environmental assessment, engineering analysis,
774   remediation planning, and related activities associated with the former municipal burn dump site
775   located on Industrial drive; provided further, that not less than $250,000 shall be expended to the
776   town of Rochester for regional costs associated with the prevention, remediation, treatment,
777   management, and control of milfoil and other invasive aquatic vegetation and species; provided
778   further, not less than $50,000 shall be expended to the city of Newton to reduce organic food
779   waste in schools; provided further, that not less than $50,000 shall be expended to the city of
780   Newton for improving water quality along the Cheesecake brook adjacent to the Albemarle
781   fields; provided further, that not less than $250,000 shall be expended to the city of Newton for
782   Riverside Greenway – Pigeon Hill Trail Improvements to restore connectivity; provided further,
783   that not less than $100,000 shall be expended to the city of Newton for improvements to
784   municipal parking lots, including stormwater improvements and ADA compliance; provided
785   further, that not less than $25,000 shall be expended to the town of Seekonk for the remediation
786   of water systems contaminated by PFAS; provided further, that not less than $25,000 shall be
787   expended to the town of Swansea for the remediation, testing and supplies for water systems
788   contaminated by per-and polyfluoroalkyl substances, as well as the installation and maintenance
789   of filtration systems in residents’ homes; provided further, that not less than $25,000 shall be
790   expended to the town of Norton for the remediation, testing and supplies for water systems
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791   contaminated by per-and polyfluoroalkyl substances, as well as the installation and maintenance
792   of filtration systems in residents’ homes; provided further, that not less than $1,000,000 shall be
793   expended to the city of New Bedford for the acquisition of an 820 metric-ton travel lift to
794   improve and expand shipyard operations to meet the growing demand for shipbuilding, ship
795   repair, and salvaging services; provided further, that not less than $1,000,000 shall be expended
796   to the city of New Bedford for the purposes of creating a 1.5-mile walking path along the
797   western bank of the Acushnet river from Sawyer street to the former Aerovox site, opening
798   public access to portion of the riverfront that has long been cut off by legacy industrial sites;
799   provided further, that not less than $1,000,000 shall be expended for improvements to establish a
800   resilience hub at the Edward G. Connolly Center in the city of Everett; provided further, that not
801   less than $1,000,000 shall be expended for a boardwalk in Gateway park in the city of Everett;
802   provided further, that not less than $750,000 shall be expended for tree planting, watering, and
803   maintenance and associated activities and improvements in the city of Everett; provided further,
804   that not less than $200,000 shall be expended to the town of Brookline for illicit discharge
805   detection and elimination of stormwater flows to the Muddy river; provided further, that not less
806   than $250,000 shall be expended to Piers Park Sailing Center, Inc. for the purpose of purchasing
807   new sonar keelboats to continue to provide free and low-cost access to sailing and marine
808   science education; provided further, that not less than $1,000,000 shall be expended for
809   improvements to seawalls located within the city known as the town of Braintree; provided
810   further, that not less than $500,000 shall be expended to the city known as the town of Braintree
811   for the planning, design, engineering, repair, replacement and rehabilitation of culverts and
812   associated drainage infrastructure to reduce flooding, improve stormwater management, enhance
813   climate resilience, protect public safety and support critical transportation and municipal
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814   infrastructure; provided further, that not less than $1,000,000 shall be expended to the Prince
815   Hall Grand Lodge for removal of oil barrels and property infrastructure stabilization; provided
816   further, that not less than $16,000,000 shall be expended to the city of Boston for resiliency
817   projects in the East Boston neighborhood in the city of Boston, including but not limited to the
818   Border street, Lewis street, and Porzio park projects; provided further, that not less than
819   $300,000 shall be expended for pedestrian improvements and ecological restoration along
820   Greenough boulevard between Gerry’s Landing road in the City of Cambridge and Grove street
821   in the city of Watertown; provided further, that not less than $300,000 shall be authorized and
822   expended for surface maintenance and ecological restoration along the Watertown Cambridge
823   greenway in the city of Watertown; provided further, that not less than $1,000,000 shall be
824   expended to the town of Marblehead for the Marblehead Municipal Shipyards Infrastructure
825   Improvements Project; provided further, that not less than $1,000,000 shall be expended for
826   repairs, maintenance, and capital projects including, but not limited to, upgrades to information
827   technology equipment at the department of conservation and recreation Devine Memorial rink in
828   the Dorchester section of the city of Boston; provided further, that not less than $500,000 shall
829   be expended to the town of Swampscott for coastal resilience planning, design, and infrastructure
830   improvements; provided further, that not less than $1,000,000 shall be expended for resiliency
831   projects and infrastructure improvements at Belle Isle Marsh Reservation; provided further, that
832   not less than $750,000 shall be expended to Southcoast Health for stormwater mitigation
833   planning and implementation at St. Luke’s Hospital to comply with New Bedford stormwater
834   mitigation processes; provided further, that not less than $1,000,000 shall be expended for
835   resiliency projects and infrastructure improvements at Constitution beach in the East Boston
836   section of the City of Boston; provided further, that not less than $3,000,000 shall be expended
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837   to the city of New Bedford for critical repairs to the Buttonwood Dam for ecological restoration;
838   provided further, that not less than $600,000 shall be expended to the town of Carlisle for the
839   replacement of roof-top HVAC units with all electric air-source heat pumps at the Carlisle public
840   school complex and Carlisle town hall; provided further, that not less than $25,000 shall be
841   expended for the purchase of turnout gear for the fire department in the town of Rehoboth;
842   provided further, that not less than $5,000,000 shall be expended to the Boston Housing
843   Authority to reduce emissions and improve resiliency at the General Warren Apartments located
844   in the Charlestown section of the city of Boston; provided further, that not less than $2,000,000
845   shall be expended to the New Bedford Redevelopment Authority to acquire underutilized
846   properties and connect nearby neighborhoods to the river; provided further, that not less than
847   $25,000 shall be expended for the purchase of turnout gear for the fire department in the town of
848   Norton; provided further, that not less than $25,000 shall be expended for the purchase of turnout
849   gear for the fire department in the town of Swansea; provided further, that not less than $25,000
850   shall be expended for the purchase of turnout gear for the fire department in the town of
851   Seekonk; provided further, that not less than $500,000 shall be expended for tree planting,
852   watering, and maintenance and associated activities and improvements in the town of Arlington;
853   provided further, that not less than $1,000,000 shall be expended for coastal access
854   improvements and heat resilient waterfront park space at the Terminal street public boat ramp in
855   the Charlestown section of the City of Boston; provided further, that not less than $2,500,000
856   shall be expended to enhance and make improvements to the visitor centers on Spectacle Island
857   and Georges Island; provided further that not less than $1,000,000 shall be expended to the city
858   of Boston for improvement to public open spaces at the Little Mystic Channel park in the
859   Charlestown section of the city of Boston; provided further, that not less than $2,500,000 shall be
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860   expended to the Cape Cod Commercial Fisherman’s Alliance for research and capital
861   investments to promote resilient coastal shellfish production and distribution at the Aquacultural
862   Research Corporation in Dennis; provided further, that not less than $50,000,000 shall be
863   expended to the Foss New Bedford Marine Terminal for infrastructure, equipment and site work
864   to support offshore wind, clean tech, and other climate-positive maritime industry growth in the
865   south coast region; provided further, that not less than $150,000 shall be expended to the city of
866   Westfield to install a new odor control system at the wastewater treatment facility located on
867   Neck road; provided further, that not less than $250,000 shall be expended to the Charlesgate
868   Alliance for planning, upgrades, and maintenance to open public space and transportation
869   coordination in the Fenway, Kenmore and Back Bay sections of the city of Boston; provided
870   further, that not less than $1,000,000 shall be expended to the city of Lawrence for the planning,
871   design, engineering, permitting, construction, reconstruction, rehabilitation, and modernization
872   of wastewater, stormwater, and drainage infrastructure, including but not limited to combined
873   sewer overflow mitigation projects, sewer separation projects, flood control improvements,
874   stormwater management projects, and associated phases and related infrastructure
875   improvements, in order to reduce combined sewer overflows, improve water quality in the
876   Merrimack River watershed, protect public health, support flood mitigation, enhance climate
877   resilience, and ensure compliance with state and federal clean water requirements; provided
878   further, that such funds may be used for sewer and storm drain separation, drainage system
879   upgrades, flood control measures, green infrastructure, nature-based solutions, construction and
880   rehabilitation of outfalls, replacement of associated water, sewer, and utility infrastructure,
881   roadway and utility restoration, and related infrastructure improvements; provided further, that
882   priority shall be given to projects that reduce or eliminate untreated discharges into the
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883   Merrimack river, the Spicket river, and the Greater Lawrence Sanitary District system; provided
884   further, that not less than $1,000,000 shall be expended for the design, permitting, construction,
885   vegetation management, and maintenance of the Brook Farm historic site in the West Roxbury
886   section of the city of Boston; provided further, that not less than $500,000 shall be expended to
887   the town of Raynham for the replacement of the Pine Street Culvert; provided further, that not
888   less than $500,000 shall be expended to the Town of Bridgewater for water and sewer
889   improvements; provided further, that not less than $200,000 shall be expended toward the
890   installation of an industrial-scale, river source heat pump of no less than 20MW by a district
891   energy system servicing the city of Boston and Cambridge, resulting in a dramatic reduction of
892   greenhouse gas emissions for the Commonwealth; provided further, that not less than $500,000
893   shall be expended to the city of Worcester for the building of a splash pad at Winslow and
894   Pleasant Peace park; provided further, that not less than $100,000 shall be expended to the town
895   of Raynham for repairs to the Johnson Pond Dam; provided further, that not less than $1,500,000
896   shall be expended for the environmental cleanup and stabilization of the historic property located
897   at 12 North Main street in the town of Westford; provided further, that not less than $100,000
898   shall be expended to the city of Worcester for the maintenance of Winslow and Pleasant Peace
899   park; provided further, that not less than $250,000 shall be expended to the town of Pepperell for
900   the upgrade of two culverts to meet state standards; provided further, that not less than
901   $1,000,000 shall be expended to the town of Tewksbury for the replacement of culverts;
902   provided further, that not less than $1,000,000 shall be expended to the town of Wilmington for
903   the replacement of culverts; provided further that not less than $500,000 shall be expended for
904   coastal resiliency and flood mitigation efforts; provided further, that not less than $750,000 shall
905   be expended to the town of Concord for the design and construction of a culvert replacement at
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906   Barrett’s Mill road along Spencer brook; provided further, that not less than $100,000 shall be
907   expended for the North and South Rivers Watershed Association to advance planning, design
908   and assessment activities for salt marsh restoration projects in the towns of Scituate and
909   Marshfield, including restoration planning for Green Harbor marshes, Scituate conservation
910   commission properties and the Peggotty Beach/Kent Street marsh system; provided further, that
911   not less than $250,000 shall be expended to the town of Groton for the installation of monitoring
912   wells and other water quality improvements; provided further, that not less than $100,000 shall
913   be expended for design and work to improve the resiliency and sustainability of Argilla road in
914   Ipswich and hydrology and ecological restoration in the Great Marsh; provided further, that not
915   less than $1,000,000 shall be expended for improvements to the Quinsigamond Avenue Water
916   Treatment Center in the city of Worcester for addressing combined sewage overflows; provided
917   further, that not less than $250,000 shall be expended to the Nashua River Watershed
918   Association, Inc. for water quality monitoring and other water quality improvements; provided
919   further, that not less than $1,000,000 shall be expended for the design, construction,
920   reconstruction, rehabilitation and repair of the Bird pond dam in the town of Walpole; provided
921   further, that not less than $1,000,000 shall be expended for the design, construction, renovation
922   and accessibility improvements to the Hawes Pool Spray park and Father McAleer Playground
923   Spray park in the town of Norwood; provided further, that not less than $50,000 shall be
924   expended for water tank improvements and other related costs in the town of Weston; provided
925   further, that not less than $250,000 shall be expended at Willard Brook state park for
926   infrastructure and other improvements; provided further, that not less than $750,000 shall be
927   expended for maintenance and improvements at the Lancaster town beach; provided further, that
928   not less than $750,000 shall be expended for the design and construction of the Clinton rail trail;
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929   provided further, that not less than $750,000 shall be expended for PFAS mitigation in the town
930   of Sterling; provided further, that not less than $750,000 shall be expended to the New England
931   Botanic Garden at Tower Hill for the development of a comprehensive water capture, storage
932   and reuse system; provided further, that not less than $1,250,000 shall be expended to the
933   metropolitan area planning council, in coordination with the North Shore water resilience task
934   force for costs associated with planning, feasibility analyses, environmental review, engineering,
935   design, permitting and construction of water supply and distribution infrastructure improvements
936   in the Ipswich river basin to increase the reliability of public water supplies and the
937   environmental health of the Ipswich river; provided further, that not less than $100,000 shall be
938   expended to the town of Raynham for the development of the South Street East recreational area
939   along the Taunton river; provided further, that not less than $2,000,000 shall be expended to the
940   department of conservation and recreation for public safety improvements, preparedness,
941   operations and infrastructure for ferry service at Squantum Point park; provided further, that not
942   less than $150,000 shall be expended to the town of Newbury for build-out analyses, supply
943   planning and infrastructure needs in town of Newbury and the Byfield water district; provided
944   further, that not less than $100,000 shall be expended to the city known as the town of
945   Bridgewater for the development of the Old State Farm trail and recreation area; provided
946   further, that not less than $150,000 shall be expended to the town of Rowley to mitigate
947   emerging contaminants in the town’s water supply, such as iron, manganese and PFAS; provided
948   further, that not less than $150,000 shall be expended to the town of Georgetown to mitigate
949   emerging contaminants in the town’s water supply, such as iron, manganese and PFAS; provided
950   further, that not less than $250,000 shall be expended to the town of Ashby for upgrades to the
951   Mason road box culvert; provided further, that not less than $100,000 shall be expended to the
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952   city of Boston for the repair, maintenance and improvement of the historic boathouse located at
953   Jamaica pond; provided further, that not less than $100,000 shall be expended to the city of
954   Boston for a comprehensive assessment of environmental conditions at Jamaica pond and
955   Olmsted park; provided further, that the assessment may include, but shall not be limited to, an
956   analysis of tree loss, erosion, the spreading of invasive plants and an analysis of water quality;
957   provided further, that not less than $50,000 shall be expended to the town of Hamilton for a
958   study of Chebacco lake and its watershed; provided further, that not less than $2,000,000 shall be
959   expended to the city of Haverhill to address the environmental remediation and cleanup of the
960   Stevens street mill fire; provided further, that not less than $100,000 shall be expended for
961   access, safety, signage and facility improvements to Clarke park at Martin’s pond in the town of
962   North Reading; provided further, that not less than $1,000,000 shall be expended to the city of
963   Worcester for the remediation of the brownfield site at Bennett field in the city of Worcester for
964   conversion into use as public park land; provided further, that not less than $250,000 shall be
965   expended for facility improvements to Ipswich river park in the town of North Reading; provided
966   further, that not less than $500,000 shall be expended to the town of Leicester for the
967   development and implementation of a comprehensive invasive species management plan within
968   the French river watershed and throughout the town of Leicester; provided further, that not less
969   than $5,000,000 shall be expended to the Boston housing authority for modernization, resiliency
970   and sustainability of the Fairmount housing development located in the Hyde Park neighborhood
971   in the city of Boston; provided further, that not less than $50,000 shall be expended for the Willis
972   Woods Trails Development project in the town of Lynnfield; provided further, that not less than
973   $500,000 shall be expended to the city of Worcester to address heat islands and the mitigation of
974   cyanobacteria in public parks and blue spaces within the Green Island and Main South
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975   neighborhoods of the city of Worcester; provided further, that not less than $250,000 shall be
976   expended to the department of conservation and recreation for improvements to the department
977   of conservation and recreation owned Weirder park in the Roslindale section of the city of
978   Boston; provided further, that not less than $1,000,000 shall be expended to the Muddy river for
979   bridge stabilization; provided further, that not less than $400,000 shall be expended to the town
980   of Lee for final design and permitting of the Lee Housatonic River bike path to expand public
981   access to the Housatonic river and support sustainable transportation, outdoor recreation,
982   environmental stewardship and climate resilience; provided further, that not less than $50,000
983   shall be expended to the town of Dalton for the purchase and installation of a backup generator at
984   the Dalton senior center, which serves as an emergency shelter and community resilience facility
985   during severe weather events and power outages; provided further, that not less than $250,000
986   shall be expended to the town of Great Barrington for environmental review, planning, design,
987   permitting and pre-construction costs associated with the rehabilitation of East Sheffield road, a
988   climate-resilient critical access route connecting the towns of Great Barrington and Sheffield;
989   provided further, that not less than $100,000 shall be expended to the city of Boston for the
990   planting of trees and the removal of invasive species at Jamaica pond; provided further that not
991   less than $1,000,000 shall be expended for maintenance and preservation of Webb State
992   Memorial park; provided further, that not less than $1,000,000 shall be expended to the city
993   known as the town of Weymouth for repair and maintenance of the Back river boat ramp for
994   dredging and parking lot facilities; provided further, that not less than $1,000,000 shall be
995   expended for the upgrading and repair of the water treatment plant facilities and components in
996   the city known as the town of Weymouth; provided further, that not less than $1,000,000 shall be
997   expended to the town of Andover for the procurement of electric vehicle charging stations, in an
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 998   effort to reduce the town’s carbon emissions; provided further, that not less than $250,000 shall
 999   be expended to the city known as the town of Weymouth police marine unit; provided further,
1000   that not less than $1,000,000 shall be expended for an environmental assessment and clean-up of
1001   the site of the new German Gerena school in the city of Springfield; provided further, that not
1002   less than $262,000 shall be expended for the Downtown Main Street LED replacement lighting
1003   pilot project around HOPE Center for the Arts in the city of Springfield to reduce cost and
1004   reduce energy; provided further, that not less than $200,000 shall be expended for the
1005   environmental clean-up of the bike path from the North End to the South End of the city of
1006   Springfield and for bike path motion solar lighting throughout; provided further, that not less
1007   than $1,000,000 shall be expended for an academic medical center in the city of Springfield to
1008   assist with capital costs associated with life, safety and environmental improvements related to
1009   the acquisition of a community hospital in the city of Springfield; provided further, that eligible
1010   costs shall include, but not be limited to, the demolition and mitigation of degraded facilities, the
1011   remediation of environmental and hazardous materials and other costs associated with
1012   contaminated site improvements; provided further, that not less than $500,000 shall be expended
1013   to the division of capital asset management and maintenance for study, design, accessibility
1014   improvements and preservation of natural land, recreation areas and waterfront among 166 acres
1015   alongside Reservoir pond in the town of Canton for the use of patients and students at Pappas
1016   Rehabilitation Hospital for Children and for safe, accessible recreation and rehabilitation
1017   activities in a natural setting; provided further, that not less than $1,000,000 shall be expended
1018   for the design, permitting and construction of a water main interconnection between the town of
1019   Westport and the town of Dartmouth to ensure water supply resiliency and redundancy for the
1020   South Coast region; provided further, that said project shall include the installation of necessary
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1021   piping and booster stations to facilitate the transfer of potable water between the 2
1022   municipalities; provided further, that not less than $3,000,000 shall be expended for a joint grant
1023   program dedicated to the city of Cambridge and the city of Somerville for the design,
1024   engineering, permitting and construction of comprehensive sewer separation infrastructure;
1025   provided further, that not less than $150,000 shall be expended to the town of Topsfield to
1026   mitigate emerging contaminants in the town’s water supply; provided further, that not less than
1027   $150,000 shall be expended for PFAS remediation along the Ipswich river in the town of
1028   Middleton; provided further, that not less than $100,000 shall be expended to the town of
1029   Danvers for the creation of pedestrian access to the town of Danvers’ waterways and for the
1030   assessment of climate impacts on those waterways; provided further, that not less than $250,000
1031   shall be expended to the town of North Andover for the reconstruction of the Mill pond outlet
1032   structure; provided further, that such funds shall be utilized exclusively for projects aimed at
1033   minimizing and ultimately eliminating combined sewer overflows into the Alewife brook;
1034   provided further, that the administering agency shall prioritize expedited review and distribution
1035   of these funds to mitigate public health risks and environmental degradation within the Alewife
1036   brook watershed; provided further, that not less than $1,000,000 shall be expended to the city of
1037   Gloucester for wastewater treatment plant improvements to improve effluent discharge quality;
1038   provided further, that not less than $250,000 shall be expended to the town of Townsend for
1039   Highland street culvert replacement project; provided further, that not less than $500,000 shall be
1040   expended to establish a North Shore water equity conservation and demand management
1041   consortium to improve water supply resilience and accommodate growth while protecting natural
1042   resources in the Parker, Ipswich and Essex watersheds, whose activities may include, water
1043   equity, conservation, feasibility studies for wastewater reuse and other resiliency measures;
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1044   provided further, that not less than $150,000 shall be expended to the town of Rockport for the
1045   planning, design and construction of repairs to Granite pier; provided further, that not less than
1046   $250,000 shall be expended for the restoration and improvements of the Sam Wright field
1047   floodplain and wetland restoration area in the town of Easton; provided further, that not less than
1048   $850,000 shall be expended to the town of Stoneham for improvements of the Tri-Community
1049   Greenway in the town of Stoneham; provided further, that not less than $1,000,000 shall be
1050   expended to the city of Beverly for coastal resilience projects at Lynch park, Obear park and
1051   along the Bass river; provided further, that not less than $250,000 shall be expended for wetlands
1052   conservation and nature education programs at Camp Paradise in the city of Beverly; provided
1053   further, that not less than $2,500,000 shall be expended to the town of Freetown for
1054   infrastructure projects to provide safe drinking water, address PFAS contamination concerns and
1055   protect public health and the environment; provided further, that not less than $2,000,000 shall
1056   be expended to the city of Chelsea in coordination with the city of Everett for construction of the
1057   Island End River Flood Resilience Project to protect this critical industrial district from
1058   catastrophic flooding; provided further, that not less than $100,000 shall be expended to the city
1059   of Newton for enhanced water quality and other improvements to Crystal lake in Newton Center;
1060   provided further, that not less than $277,285 shall be expended for the modernization of the
1061   infrastructure and amenities of Burncoat park in the town of Leicester; provided further, that not
1062   less than $250,000 shall be expended for the design, engineering and construction of
1063   comprehensive improvements to Rochdale park in the town of Leicester; provided further, that
1064   not less than $120,000 shall be expended for a feasibility-level study to evaluate the potential
1065   removal of the hazardous Greenville pond dam in the town of Leicester; provided further, that
1066   not less than $75,000 shall be expended to the town of Auburn for costs associated with the
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1067   treatment, removal and control of invasive aquatic vegetation; provided further, that not less than
1068   $50,000 shall be expended for the Northern Middlesex Council of Governments, Corporation to
1069   evaluate and assess the feasibility of a Massachusetts Bay Transportation Authority commuter
1070   rail stop in North Chelmsford; provided further, that not less than $751,938 shall be expended to
1071   the town of Winchester for heating, ventilation and air conditioning upgrades and improvements
1072   in Winchester public schools; provided further, that not less than $100,000 shall be expended to
1073   OpenCape Corporation for a district municipal network resilience overlay to strengthen
1074   communication continuity during storms, outages and other infrastructure disruptions; provided
1075   further, that not less than $250,000 shall be expended to the town of Acton for the replacement
1076   of the North Main street culvert over Nashoba brook and other related expenses; provided
1077   further, that not less than $4,000,000 shall be expended to the city of Worcester to upgrade the
1078   Lake avenue sewer pumping station and improve its resiliency; provided further, that not less
1079   than $500,000 shall be expended for tree planting, watering and maintenance, and associated
1080   activities and improvements in the town of Belmont; provided further, that not less than
1081   $125,000 shall be expended to the town of Harvard for the design and construction of the
1082   Eldridge road culvert and other related expenses; provided further, that not less than $250,000
1083   shall be expended to the town of Boxborough for the replacement of the Guggins brook culvert
1084   at Liberty Square road and other related expenses; provided further, that not less than $50,000
1085   shall be expended for the Massachusetts Department of Transportation to evaluate and assess the
1086   feasibility of the installation of sound barriers on the southbound side of route 3, between mile
1087   marker 8.0-8.4, in North Chelmsford; provided further, that not less than $250,000 shall be
1088   expended to the town of Shirley for the replacement of the Horsepond road culvert and other
1089   related expenses; provided further, that not less than $300,000 shall be expended to the town of
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1090   Stoneham for improvements to Recreation park in the town of Stoneham; provided further, that
1091   not less than $250,000 shall be expended for essential repairs to the eroding Waterfront park
1092   seawall and damaged municipal parking lot in the town of Somerset; provided further, that not
1093   less than $500,000 shall be expended to the town of Easton for the Easton Industrial Park sewer
1094   project; provided further, that not less than $100,000 shall be expended for the implementation of
1095   cost-effective measures identified to improve water quality and environmental health in Mill
1096   pond in the town of Orleans, including planning, permitting, construction, maintenance and
1097   monitoring activities; provided further, that such funds may be used for aquaculture, permeable
1098   reactive barriers and other nutrient reduction, wastewater treatment and water quality
1099   improvement measures approved by the department of environmental protection as part of a
1100   comprehensive wastewater management plan; provided further, that not less than $150,000 shall
1101   be expended to the town of Shirley for the replacement of the Walker road culvert, and other
1102   related expenses; provided further, that not less than $1,000,000 shall be expended for a dredging
1103   program within the executive office of economic development for coastal navigation, port
1104   infrastructure, commercial fishing access, coastal resilience and the beneficial reuse of dredged
1105   materials; provided further, that funds made available for such program may be expended for
1106   grants or contracts with municipalities, port authorities and other eligible public or quasi-public
1107   entities for such purposes; provided further, that funds made available for such program may be
1108   expended over a period of 5 fiscal years; and provided further, that the executive office of
1109   economic development may issue guidelines for the administration of such program consistent
1110   with this item; provided further, that not less than $1,000,000 shall be expended to the city of
1111   Worcester for the repair and improvement of the water main on Norton drive; provided further,
1112   that not less than $600,000 shall be expended to the town of Winchester for the installation of
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1113   electric vehicle charging stations for public and municipal use; provided further, that not less
1114   than $100,000 shall be expended to the town of Southampton to further its Greenway
1115   development; provided further, that not less than $2,000,000 shall be expended to the town of
1116   Lanesborough for the construction of a secondary drinking water source; provided further, that
1117   not less than $5,000,000 shall be expended to restore the historic turbine halls of the former
1118   Edison Power Station located at 776 Summer street in the South Boston section of the city of
1119   Boston; provided further, that not less than $1,000,000 shall be expended to the city of Worcester
1120   for water main improvements; provided further, that not less than $15,000,000 shall be expended
1121   for enhanced coastal adaptation along the Reserve Channel at 776 Summer street in the South
1122   Boston section of the city of Boston, including but not limited to seawall replacement, elevated
1123   site grades, bioretention areas and open space, and other climate resiliency measures; provided
1124   further, that not less than $15,000,000 shall be expended to support the preservation and reuse of
1125   Medfield State Hospital for new housing; provided further, that not less than $250,000 shall be
1126   expended for stormwater management improvements in the city of Methuen, including at
1127   Schruender park, the Bloody Brook area and the Hawkes Brook area; provided further, that not
1128   less than $2,000,000 shall be expended for environmental remediation, landscape restoration and
1129   facility improvements to the historic Edward F. Searles Estate in the city of Methuen; provided
1130   further, that not less than $500,000 shall be expended to the town of West Bridgewater for the
1131   construction of a herring fish ladder at War Memorial Park; provided further, that not less than
1132   $100,000 shall be expended for the engineering, design, assessment and repair planning deemed
1133   necessary by the department of conservation and recreation to support the rehabilitation and
1134   eventual replacement of the Scusset Beach State Fishing Pier located within Scusset Beach State
1135   Reservation in the town of Sandwich; provided further, that not less than $10,000,000 shall be
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1136   expended for the Massachusetts Port Authority for infrastructure investments in emission-
1137   reducing ship-to-shore power at Flynn Cruiseport in the South Boston section of the city of
1138   Boston; provided further, that not less than $1,000,000 shall be expended for the enabling phase
1139   of demolition, utilities and site work for the El Centro Project; provided further, that not less than
1140   $250,000 shall be expended for Hydraulic and Hydrologic Model in the city of Salem; provided
1141   further, that not less than $100,000 shall be expended to the town of Granby for trail
1142   maintenance; provided further, that not less than $100,000 shall be expended to the city known
1143   as the town of Amherst for trail maintenance; provided further, that not less than $1,000,000
1144   shall be expended to the University of Massachusetts Amherst Water and Energy Technology
1145   Center; provided further, that not less than $1,000,000 shall be expended to the Hitchcock Center
1146   for the Environment in the city known as the town of Amherst to support the purchase and use of
1147   property to support its mission and programs; provided further, that not less than $500,000 shall
1148   be expended to the town of Westborough for environmental, recreational, resiliency and
1149   preservation projects, including the replacement of 3 bridges located within the Despres
1150   Conservation Area, the Bowman Conservation Area, and the Indian Pond Conservation Area,
1151   and other projects; provided further, that not less than $500,000 shall be expended to the town of
1152   Northborough for environmental, recreational, resiliency and preservation projects; provided
1153   further, that not less than $4,000,000 shall be expended to the town of Granby to support
1154   improvements to inland flood control infrastructure including, but not limited to, the Forge Pond
1155   Dam; provided further, that not less than $500,000 shall be expended to the town of
1156   Southborough for environmental, recreational, resiliency and preservation projects, such as
1157   Southville road water main improvements, Atwood Tank Site remediation, Liberty Estates
1158   Neighborhood water main replacement, Northborough road culvert replacement project, and
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1159   other projects; provided further, that not less than $100,000 shall be expended to the tree warden
1160   in the city known as the town of Amherst for costs associated with tree planting and tree support;
1161   provided further, that not less than $150,000 shall be expended to the city known as the town of
1162   Amherst to support a feasibility study for the creation of a community resilience hub; provided
1163   further, that not less than $2,000,000 shall be expended for projects necessary for wastewater
1164   connections, transmission and treatment in the vicinity of Littleton Common and Route 119 in
1165   the town of Littleton; provided further, that not less than $500,000 shall be expended to the Old
1166   Colony Planning Council for culvert assessment in the city of Brockton; provided further, that
1167   not less than $500,000 shall be expended to the Old Colony Planning Council for regional
1168   resiliency plan; provided further, that not less than $500,000 shall be expended to the Wildlands
1169   Trust in partnership with Old Colony Planning Council for improvements to DW Fields Park in
1170   the city of Brockton; provided further, that not less than $1,000,000 shall be expended to the city
1171   of Worcester for costs associated with the annual seasonal drawdown of Indian Lake conducted
1172   for aquatic vegetation management, water quality improvement, sediment management,
1173   shoreline maintenance, ecological enhancement, flood resiliency, and the protection of public
1174   and private property; provided further, that not less than $1,000,000 shall be expended to the city
1175   of Springfield for the city-wide dredging and lake and pond management; provided further, that
1176   not less than $250,000 shall be expended for drainage improvements in the town of Holbrook;
1177   provided further, that not less than $300,000 shall be expended to the Family Health Center of
1178   Worcester for the purposes of upgrading their building energy management system; provided
1179   further, that not less than $200,000 shall be expended for Reedy Meadow flood control in
1180   conjunction with the town of Lynnfield and the Essex County Mosquito Control Commission;
1181   provided further, that not less than $300,000 shall be expended to the town of Ludlow for pond
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1182   management; provided further, that not less than $1,300,000 shall be expended to the town of
1183   West Boylston for capital improvements to local sewer and wastewater infrastructure; provided
1184   further, that not less than $2,000,000 shall be expended to the city of Holyoke for site
1185   preparation and environmental cleanup for a sports complex to house the Volleyball Hall of
1186   Fame and other local and national sport activities; provided further, that not less than $300,000
1187   shall be expended to complete the permitting and design of the Watertown Dam Removal and
1188   Alternatives project to avoid dam failures and public safety hazards, restore river biodiversity,
1189   enhance water quality and improve migratory fish passage; provided further, that not less than
1190   $250,000 shall be expended for surface and drainage improvements to increase resilience and
1191   prevent localized flooding on the Minuteman Commuter Bikeway in East Arlington; provided
1192   further, that not less than $1,000,000 shall be expended to the Needham Housing Authority for
1193   the Linden Terrace project to support energy efficient and affordable senior housing; provided
1194   further, that not less than $300,000 shall be expended for drainage improvements at Norton
1195   Circle in Belmont Cemetery in the town of Belmont; provided further, that not less than $15,000
1196   shall be expended to the Keep Framingham Beautiful organization to support community clean-
1197   up efforts and environmental justice work; provided further, that not less than $150,000 shall be
1198   expended to the Waltham Community Farm and Charles River Community Health, in
1199   partnership, for their VegRx Produce Prescription Program for food security and equitable
1200   access, connecting health care providers and patients with fresh, locally grown produce; provided
1201   further, that not less than $463,500 shall be expended for solar array geothermal system support;
1202   provided further, that not less than $200,000 shall be expended for a grant or contract with
1203   Barnstable county to support a regional assessment of dredging needs for the Cape Cod region,
1204   including consideration of navigation channel maintenance, coastal resilience and opportunities
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1205   for dredged material reuse and beneficial reuse; provided further, that said assessment may
1206   include recommendations to inform future dredging, coastal infrastructure planning and sediment
1207   management strategies, and that the executive office of energy and environmental affairs may
1208   make such assessment available to relevant state agencies and stakeholders; provided further,
1209   that not less than $500,000 shall be expended for an improvement project for the design and
1210   construction of Ryder Brook in Arlington to promote flood prevention and climate resiliency;
1211   provided further, that not less than $2,000,000 shall be expended to the city of Worcester for
1212   upgrades and replacement of large diameter water mains servicing Chandler street, May street
1213   and Mann street; provided further, that not less than $1,000,000 shall be expended for multi-use
1214   path, stormwater management and roadway safety improvements on Mystic Valley parkway in
1215   the town of Winchester, city of Medford and town of Arlington; provided further, that not less
1216   than $200,000 shall be expended for stormwater infrastructure improvements in the Lake Street
1217   and Orvis Road neighborhood of Arlington; provided further, that not less than $1,000,000 shall
1218   be expended to the city of Worcester for the upgrading of the Eastern Sewer Interceptor;
1219   provided further, that not less than $3,000,000 shall be expended for the reconstruction and or
1220   demolition of the Hager Pond Dam in Marlborough, to prevent damage to Route 20 and the
1221   municipalities of Marlborough and Sudbury; provided further, that not less than $1,000,000 shall
1222   be expended to the city of Worcester to support the rehabilitation and improvement of sewer
1223   pump stations; provided further, that not less than $100,000 shall be expended to the department
1224   of conservation and recreation for planting, maintenance and preservation of trees in Hemlock
1225   Gorge Reservation in Newton; provided further, that not less than $500,000 shall be expended to
1226   the city of Brockton to install alum treatment at the Monponsett Pond Diversion Station;
1227   provided further, that not less than $50,000 shall be expended to the city of Newton to support
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1228   food security and infrastructure preservation needs at the Spears Community Garden in at the
1229   corner of Washington street and Walnut Park Nonantum; and provided further, that not less than
1230   $250,000 shall be expended to the city of Newton for flood mitigation and trail improvements
1231   along the Charles River at Quinobequin road………………………………………$419,693,723
1232  2030-1011       For the replacement and purchase of environmental law enforcement
1233   vehicles and maritime law enforcement patrol vessels and accompanying equipment; provided,
1234   that funds may be expended for equipment purchased in conjunction with the operation of the
1235   environmental law enforcement vehicle and vessel fleet including, but not limited to, mobile data
1236   terminals, installation of mounts and multi-band radios, search and rescue equipment, boat
1237   trailers, engines, lower units, remotely-operated vehicles, portable side scan sonar, navigation
1238   systems and communication radios……………………………………………………$9,000,000
1239  SECTION 2D.
1240  EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
1241  Massachusetts Department of Agricultural Resources
1242  2500-7022       For capital programs designed to address agricultural economic and
1243   environmental sustainability and resiliency including, but not limited to, the development and
1244   implementation of farm viability plans and other technical and engineering assistance, urban
1245   agriculture and hydroponics, and to facilitate improvements to agricultural infrastructure, energy
1246   conservation and efficiency and climate change adaptation and resiliency; provided, that funds
1247   may be expended for infrastructure and equipment upgrades to prevent or reduce food safety
1248   risk, combat invasive and disease-borne insects and for capital programs to support aquaculture,
1249   anaerobic digesters and agricultural composters; provided further, that funds may be expended
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1250   for capital projects that foster the adoption of sustainable farming practices that enhance
1251   resilience, reduce greenhouse gas emissions and promote environmental stewardship; provided
1252   further, that funds may be expended on programs that support the commonwealth’s farmland
1253   protection and access goals; provided further, that funds may be expended to provide grants,
1254   technical assistance and other support to farms, public and nonpublic entities and tribal
1255   governments to support the agricultural economy and to enable recovery from natural disasters,
1256   market disruptions and other financial challenges; and provided further, that funds may be
1257   allocated by the commissioner of agricultural resources through competitive grants pursuant to
1258   rules and regulations promulgated by the commissioner to implement this item….….$26,000,000
1259  2511-0124       For food security grant programs to support equitable access to nutritious,
1260   local food and to strengthen food supply and distribution systems; provided, that programs may
1261   consider the unique needs of rural and urban areas and gateway municipalities as defined in
1262   section 3A of chapter 23A of the General Laws to provide greater access to local food; provided
1263   further, that programs may provide grants that support food banks and other parts of the food
1264   distribution system by expanding services; and provided further, that funds may be used to
1265   provide grants to public and nonpublic entities and tribal governments to carry out this item that
1266   may include, but shall not be limited to, farms, retailers, fisheries, food system businesses, food
1267   distributors, food processors, food banks, farm stands, food hubs, food retailers, elder services
1268   and community-supported agriculture farms……………………….………………..$150,000,000
1269  2511-0125       For a program to acquire land or interests in land for the purpose of
1270   preserving agricultural land, including agricultural preservation restrictions under sections 23 to
1271   26, inclusive, of chapter 20 of the General Laws; provided, that funds may be expended for
1272   associated acquisition and implementation costs including, but not limited to, grants, planning,
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1273   due diligence, title examinations, appraisal services, site restoration and capital improvements on
1274   nonpublic lands subject to those agricultural preservation restrictions and on state-owned lands
1275   leased for agricultural purposes…………………………...…………………………..$42,000,000
1276  SECTION 2E.
1277  OFFICE OF THE TREASURER AND RECEIVER GENERAL
1278  0640-1008       For the Massachusetts Clean Water Trust established in section 2 of
1279   chapter 29C of the General Laws for deposit in the Water Pollution Abatement Revolving Fund
1280   established in section 2L of chapter 29 of the General Laws for application by the trust to the
1281   purposes specified in section 5 of said chapter 29C, any portion of which may be used as a
1282   matching grant by the commonwealth to federal capitalization grants received under Title VI of
1283   the Clean Water Act or for deposit in the Drinking Water Revolving Fund established in section
1284   2QQ of said chapter 29 for application by the trust to the purposes specified in section 18 of said
1285   chapter 29C, any portion of which may be used as a matching grant by the commonwealth to
1286   federal capitalization grants received under the Safe Drinking Water Act; provided, that funds
1287   may be used to assist homeowners in complying with 310 C.M.R. 15.00 for subsurface disposal
1288   of sanitary waste; and provided further, that funds may be used to assist with per-and
1289   polyfluoroalkyl substances (PFAS) contamination remediation…………………….$385,000,000
1290  SECTION 2F.
1291  EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
1292  Office of the Secretary
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1293  1100-2524        For grants to cities, towns, tribal governments, regional organizations
1294   whose membership is exclusively composed of municipal governments, municipal
1295   redevelopment authorities or agencies and other state agencies or quasi-governmental agencies to
1296   support capital investments that support climate mitigation, adaption, resiliency and recovery
1297   efforts in the commonwealth; provided, that purposes may include, but shall not be limited to,
1298   planning and studies, preparation of plans and specifications, site assembly and preparation,
1299   dispositions, acquisitions, repairs, renovations, improvements, construction, demolition,
1300   remediation, modernization and reconstruction of facilities, infrastructure, equipment and other
1301   capital assets……………………………………………………………………….$50,000,000
1302  SECTION 2G.
1303  EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
1304  Office of the Secretary
1305  7004-0093        For the Massachusetts healthy homes program fund established in section
1306   34 of chapter 23B of the General Laws………….........................................................$50,000,000
1307  7004-4785        For the Massachusetts Housing Finance Agency established in section 3 of
1308   chapter 708 of the acts of 1966 to capitalize a permanent, revolving Residential Production
1309   Momentum Fund for the purpose of accelerating the development of mixed-income and
1310   workforce multifamily housing production projects by providing financial assistance in the form
1311   of innovative, low-cost and flexible capital funding, which may be in the form of debt, equity or
1312   other instruments, depending on individual underwriting needs of the project; provided, that not
1313   less than 20 per cent of the units in a project that receives financial assistance under this item
1314   shall be restricted to households with incomes between 60 per cent and 120 per cent, inclusive,
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1315   of the area median income; provided further, that notwithstanding paragraph (f) of section 5 of
1316   said chapter 708, the agency may in its discretion set the terms and prepayment options for any
1317   mortgage or other loan or instrument issued to any project receiving such financial assistance
1318   based on the individual underwriting needs of the project; provided further, that such financial
1319   assistance shall be awarded in a manner that promotes geographic equity; provided further, that
1320   funds expended from this item shall, to the maximum extent feasible, be prioritized for projects
1321   that comply with decarbonization and sustainability standards; provided further, that
1322   prioritization shall be determined through objective scoring criteria in the qualified allocation
1323   plan developed by the executive office of housing and livable communities; provided further,
1324   that for new construction projects, the standards set forth in the commonwealth’s opt-in
1325   specialized energy code under 225 C.M.R. 22.00 and 23.00 and the Enterprise Green
1326   Communities standards shall be the applicable standards for prioritization; provided further, that
1327   any project proposing less than full compliance with those standards shall provide detailed
1328   analysis demonstrating why full compliance would render the project infeasible notwithstanding
1329   utilization of all available federal and state incentives, including rebates and tax credits; provided
1330   further, that for retrofits of existing units, prioritization shall be given to projects that include
1331   energy efficiency and electrification decarbonization measures including, but not limited to,
1332   electric or ground source heat pumps, net-zero developments, Passive House Institute
1333   certification or an equivalent energy efficiency certification and all-electric buildings and
1334   projects that incorporate green, sustainable and climate-resilient elements; and provided further,
1335   that projects that include lower embodied carbon construction materials and methods shall be
1336   further prioritized……………………………………………………………………..$50,000,000
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1337  SECTION 3. The second paragraph of section 48 of chapter 10 of the General Laws, as
1338   appearing in the 2024 Official Edition, is hereby amended by adding the following sentence:-
1339   The fund shall be for the purpose of supporting, through grant programs, dairy farms with a
1340   certificate of registration under section 16C of chapter 94; provided, that to the extent
1341   practicable, grants shall be awarded to dairy farms that previously paid into the fund in
1342   proportion to their total contributions.
1343  SECTION 4. Said section 48 of said chapter 10 is hereby repealed.
1344  SECTION 5. Section 6C of chapter 20 of the General Laws, as appearing in the 2024
1345   Official Edition, is hereby amended by striking out, in line 3, the figure “18” and inserting in
1346   place thereof the following figure:- 20.
1347  SECTION 6. Said section 6C of said chapter 20, as so appearing, is hereby further
1348   amended by inserting after the word “affairs”, in line 19, the following words:- ; 1 of whom shall
1349   be the director of the division of marine fisheries established in section 1A of chapter 130, or the
1350   director’s designee; 1 of whom shall be the director of the Center for Agriculture, Food and the
1351   Environment at the University of Massachusetts at Amherst, or the director’s designee.
1352  SECTION 7. Chapter 21 of the General Laws is hereby amended by inserting after
1353   section 2G the following section:-
1354  Section 2H. (a) The commissioner of conservation and recreation shall consider land
1355   under the care and control of the department for potential designation and long-term passive
1356   management as a forest reserve and shall recommend designation of land as a forest reserve;
1357   provided, that such designation shall: (i) contribute to carbon sequestration and storage as part of
1358   the commonwealth’s climate mitigation strategy; (ii) allow for unique older forest habitats to
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1359   mature and develop over time without intended intervention in ecological processes as part of a
1360   holistic, statewide biodiversity conservation strategy; (iii) enhance climate resilience through the
1361   maintenance of connected natural landscape blocks and species movement corridors that provide
1362   a variety of important ecosystem processes, functions and services; (iv) allow unique
1363   opportunities for compatible passive outdoor recreation and other public enjoyment to serve a
1364   diverse public with wide-ranging recreational values; and (v) facilitate ecological research,
1365   comparative studies of forest dynamics and long-term monitoring to evaluate reserves as
1366   compared to other land management approaches.
1367  (b) The commissioner of conservation and recreation, with the approval of a simple
1368   majority of the members of the stewardship council present at a duly called meeting of the
1369   council, may designate land under the care and control of the department as a forest reserve.
1370   Forest reserves shall be managed consistent with such designation, unless the commissioner,
1371   with the approval of not less than a two-thirds majority of the members of the stewardship
1372   council present at a duly called meeting of the council, and with the approval of the secretary of
1373   energy and environmental affairs, rescinds the designation.
1374  (c) Designation of land as a forest reserve, or the recission thereof, shall constitute an
1375   administrative designation and shall not: (i) change the entity with respect to the care, custody
1376   and control of the land; (ii) constitute a change in the use of the land; (iii) otherwise dispose of
1377   the land or an interest in the land; or (iv) otherwise change the existing status of the land as a
1378   state forest, state park or other land management unit.
1379  (d) The department, to the greatest degree possible, shall passively manage the forest
1380   reserves to allow natural processes to determine changes in the structure and composition of the
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1381   forest ecosystem. Forest reserves shall not be: (i) managed for production of timber or forest
1382   products; or (ii) intentionally manipulated. Any active management shall be avoided, to the
1383   extent feasible, even when disturbances occur. After consultation with a forest reserve science
1384   and technical advisory committee, to be administered by the secretary of energy and
1385   environmental affairs, the department may undertake active management or assisted restoration
1386   actions to: (A) sustain ecosystem function, vital ecosystem services and habitat values; (B)
1387   control problematic pests, pathogens and invasive species; (C) restore water and wetland
1388   resources; (D) protect public safety; or (E) address other unforeseen circumstances. The
1389   department may undertake such other management actions as may be required by law.
1390  (e) The following shall be permitted within the forest reserves: (i) compatible passive
1391   outdoor recreation; (ii) regulated hunting and trapping; (iii) conversion or removal of plantations;
1392   (iv) maintenance or repair of existing forest roads, trails and administrative access points; (v)
1393   preservation of historic and cultural resources; (vi) removal of immediate threats to public safety;
1394   (vii) selective understory invasive plant control; and (viii) monitoring and research activities.
1395  SECTION 8. Said chapter 21 is hereby further amended by inserting after section 3G the
1396   following section:-
1397  Section 3H. (a)(1) The commissioner of conservation and recreation may promulgate
1398   rules and regulations: (i) for the government and use of all property under the control of the
1399   department, including all roads and highways wholly or in part within the boundaries of such
1400   property; (ii) relative to hunting and fishing, except in great ponds, not inconsistent with the laws
1401   protecting fish, birds, mammals and quadrupeds on all property under the control of the
1402   department; (iii) for the government and public use of the Charles river, Mystic river and
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1403   Neponset river; provided, that no such rule or regulation shall affect the water rights of any
1404   person, whether a mill owner or otherwise; and (iv) for the care, maintenance, protection and
1405   policing of the basin as defined in section 2 of chapter 524 of the acts of 1909 and amendments
1406   thereto; provided, that no such rule or regulation shall impair freight traffic. Such rules and
1407   regulations may provide for the payment of fees and other charges for the parking of vehicles
1408   and for the enjoyment of other special privileges within the territory under such control.
1409  (2) No such rule or regulation shall prohibit the use of passenger or station wagon type
1410   motor vehicles with a gross weight of not more than 5,000 pounds and that are registered for
1411   commercial use, on ways, parkways or boulevards where non-commercial passenger-type motor
1412   vehicles are permitted to operate.
1413  (3) The commissioner of conservation and recreation may enter into and issue
1414   agreements, licenses and permits for recreational and other uses and may grant concessions for
1415   the sale of refreshments and other articles and the furnishing of services on department property
1416   which the commissioner deems compatible and consistent with this section and Article XCVII of
1417   the Amendments to the Constitution of the Commonwealth; provided, however, that such
1418   agreements, licenses and permits shall be for periods not exceeding 10 years, and shall be in
1419   writing.
1420  (b) A violation of a rule or regulation promulgated pursuant to subsection (a) shall be
1421   punished by a fine of not more than $500, and each day such violation continues, including, but
1422   not limited to, unauthorized or unpermitted use and occupation of department property shall be a
1423   separate violation.
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1424  (c)(1) The commissioner of conservation and recreation may authorize, in writing, non-
1425   criminal enforcement by department staff of department rules and regulations related to parking
1426   pursuant to this section.
1427  (2) A police officer, employed by a city or town in whose boundaries department
1428   property is located, shall, for such department property, have all the same powers as a police
1429   officer of the city or town to enforce the laws of the commonwealth and the rules and regulations
1430   of the department for said property.
1431  (d) Notwithstanding any other general or special law to the contrary, all fines and
1432   penalties recovered for violation of rules and regulations made pursuant to this section shall be
1433   accounted for by the clerk of the court of jurisdiction and forwarded to the department to be
1434   deposited as revenue.
1435  (e) The department may assess a civil administrative penalty, of not more than $1,000 per
1436   day, for the continuing violation of any rule, regulation or order, including, but not limited to, for
1437   the use, occupation or alteration of department property without written authorization as required
1438   by the department, or for noncompliance with such written authorization. Each day a violation
1439   continues shall constitute a separate violation. The remedies provided in this paragraph shall be
1440   available in addition to any other penalties or remedies provided by law. The department may
1441   adopt and promulgate regulations to effectuate the purposes of this subsection. The penalty
1442   pursuant to this subsection shall be assessed in addition to any other civil penalty otherwise
1443   provided for by law. Notice of assessment of a penalty pursuant to this subsection shall be made
1444   by service in hand, or by certified mail, return receipt requested, and shall state the amount of the
1445   administrative penalty, the date the penalty shall be due, a statement of the violator’s right to an
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1446   adjudicatory hearing pursuant to chapter 30A regarding the assessment, a statement of the
1447   actions the person may take in order to avoid assessment of additional penalties or to avoid
1448   waiving the right to a hearing relative to the penalty and the manner of acceptable payment if an
1449   election to waive a hearing is made. A person or political subdivision of the commonwealth shall
1450   be deemed to have waived all right to an adjudicatory hearing unless, within 21 days of the date
1451   of the department’s notice, a written notice is received by the department, by hand or by certified
1452   mail, return receipt requested, requesting such adjudicatory hearing. In the event that such
1453   request is not received in accordance with this section, the proposed administrative penalty shall
1454   become final, and payment shall be due in accordance with the notice.
1455  SECTION 8A. Section 43A of said chapter 21, as appearing in the 2024 Official Edition,
1456   is hereby amended by inserting after the word “section”, in line 1, the following words:- and
1457   section 43B.
1458  SECTION 8B. Subsection (g) of said section 43A of said chapter 21, as so appearing, is
1459   hereby further amended by striking out, in lines 77 to 96, the first 2 paragraphs and inserting in
1460   place thereof the following paragraph:-
1461  (g) The department shall: (i) require permittees to report the volume of discharge from its
1462   outfall; (ii) assist permittees with installing accurate metering equipment to measure discharge
1463   from its outfall; and (iii) issue public advisories within timeframes established pursuant to
1464   subsections (c) and (d).
1465  SECTION 8C. Said chapter 21, as so appearing, is hereby further amended by inserting
1466   after section 43A the following section:-
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1467  Section 43B. (a) The department, in consultation with the department of public health,
1468   shall establish quality assurance project plan standards for the testing of water bodies and
1469   waterways for bacteria or other pollutants following a discharge from a permittee’s combined
1470   sewage overflow outfall.
1471  (b) Subject to appropriation, testing shall be conducted by the department, or its designee,
1472   using the department’s quality assurance project plan, within a reasonable amount of time after a
1473   combined sewage overflow notification as determined by the department based on the time
1474   elapsed since the combined sewage overflow and the flow rate of the river. Testing shall be
1475   conducted at multiple locations downstream from each combined sewage overflow outfall.
1476   Testing may be suspended December through March based on weather conditions as determined
1477   by the department.
1478  (c) Annually, not later than November 1, the department shall compile the data from
1479   testing for each combined sewage overflow and produce a report. The department, in
1480   consultation with the department of public health, shall use the data to create a predictive model
1481   for post-combined sewage overflow water quality.
1482  (d) The department shall use the data pursuant to subsection (c) to determine areas with
1483   high bacteria content and shall require any permittee with bacteria content over 235 colony
1484   forming units per 100 milliliters to develop a combined sewage overflow mitigation plan, which
1485   the department shall approve. Permittees developing an approved mitigation plan shall be
1486   prioritized in state storm water funding.
1487  SECTION 9. Subsection (b) of section 67 of said chapter 21, as appearing in the 2024
1488   Official Edition, is hereby amended by striking out the third sentence and inserting in place
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1489   thereof the following sentence:- The regulations shall be in accordance with generally accepted
1490   standards of irrigation practice.
1491  SECTION 10. Subsection (c) of said section 67 of said chapter 21, as so appearing, is
1492   hereby amended by adding the following words:- or golf courses.
1493  SECTION 10A. Section 8 of chapter 21A of the General Laws, as so appearing, is hereby
1494   amended by striking out, in line 55, the words “public access board” and inserting in place
1495   thereof the following words:- division of fishing and boating access, division of ecological
1496   restoration.
1497  SECTION 10B. Said section 8 of said chapter 21A, as so appearing, is hereby further
1498   amended by striking out, in line 69, the words “to such rivers, streams and riparian lands” and
1499   inserting in place thereof the following words:- as recommended by the division of fishing and
1500   boating access.
1501  SECTION 10C. Said chapter 21A is hereby further amended by striking out section 11B,
1502   as so appearing, and inserting in place thereof the following section:-
1503  Section 11B. (a) There shall be in the department of fish and game a division of fishing
1504   and boating access. The division shall be under the administrative supervision of a director of
1505   fishing and boating access. The director shall be appointed and may be removed by the
1506   commissioner of the department of fish and game. The director, or a designee, shall serve as the
1507   chief engineer of the division of fishing and boating access and the department.
1508  (b)(1) The division may site, design, construct, operate, repair and maintain public access
1509   facilities, including, but not limited to, boat launching ramps, car-top boat access areas,
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1510   sportfishing piers, shorefishing areas and parking areas, which shall provide public access to
1511   great ponds and other waters within the commonwealth for recreational fishing and boating. The
1512   public access facilities may be located on lands owned by or in which a federal, state, regional or
1513   municipal entity has a property interest with the consent of said entity or on lands owned by or in
1514   which the department has a property interest. For public access facilities located on lands under
1515   the ownership or control of a public entity other than the department, the division may enter into
1516   a land management agreement with the public entity in which the public entity shall assume
1517   responsibility for the operation and maintenance of the public access facility and for any other
1518   activity agreed to by the division and the public entity. The division may provide safety, rescue,
1519   patrol and maintenance equipment to public entities that have responsibilities for law
1520   enforcement or management of public lands.
1521  (2) The division may provide engineering, construction and technical services to the
1522   division of fisheries and wildlife, the division of marine fisheries, and the division of ecological
1523   restoration within the department of fish and game.
1524  (c) The division may promulgate regulations governing the use of public access facilities
1525   pursuant to this section and the related land and water resources, violation of which may be
1526   punished by a fine of not more than $100 and which may be enforced by any employee of the
1527   commonwealth, or of a city or town, having police powers.
1528  SECTION 10D. Said chapter 21A is hereby further amended by inserting after section
1529   11B the following section:-
1530  Section 11B 1/2. There shall be a division of ecological restoration in the department of
1531   fish and game. The division shall be under the administrative supervision of a director of the
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1532   division of ecological restoration. The director shall be appointed and may be removed by the
1533   commissioner of the department of fish and game. The division shall work with public and non-
1534   public entities, including, but not limited to, tribal entities, to protect and restore rivers, wetlands
1535   and watersheds for the benefit of people and the environment, including to foster adaptation to
1536   climate change. The division may: (i) provide technical assistance and training; (ii) manage river
1537   and wetland restoration projects, including, but not limited to, dam removal, culvert upgrades
1538   and wetland and salt marsh restoration; (iii) receive grants; (iv) award grants to public and
1539   nonpublic entities; (v) contract for services; (vi) enter into agreements with public and non-
1540   public entities; and (vii) lead other activities as needed to carry out the purposes of the division.
1541  SECTION 11. Said chapter 21A is hereby further amended by inserting after section 18A
1542   the following section:-
1543  Section 18B. (a) As used in this section, the following words shall, unless the context
1544   clearly requires otherwise, have the following meanings:
1545  “Black carbon”, fine particles less than or equal to 2.5 micrometers in diameter
1546   commonly known as soot.
1547  “Department”, the department of environmental protection.
1548  “Eligible buildings”, shall include, but shall not be limited to, existing: (i) residential
1549   public housing; (ii) residential private multifamily housing with more than 2 tenant-occupied
1550   units; (iii) public schools serving students of any age in grades K-12; (iv) private schools serving
1551   students of any age in grades K-12; (v) charter schools serving students of any age in grades K-
1552   12; (vi) college and university buildings with 1 or more classrooms; (vii) existing commercial
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1553   buildings with businesses that have 5 or more full-time employees; and (viii) correctional
1554   facilities, including prisons and jails.
1555  “Environmental justice population”, as defined in section 62 of chapter 30.
1556  “Fine particulate matter” and “fine particulates”, particulate matter less than or equal to
1557   2.5 micrometers in diameter.
1558  “Particulate matter” and “particulates”, a broad class of chemically and physically diverse
1559   substances that exist as discrete particles in air, including coarse, fine and ultrafine particles.
1560  “Ultrafine particulate matter” and “ultrafine particulates”, particulate matter less than or
1561   equal to 0.1 micrometers in diameter.
1562  (b) The department, in consultation with the department of public health, shall convene
1563   an air quality advisory committee for the purpose of identifying communities with high
1564   cumulative exposure burdens to toxic outdoor air contaminants and criteria pollutants. The
1565   advisory committee shall review practices to improve air quality in other states and emerging
1566   research to improve air quality in the commonwealth.
1567  (c)(1) The air quality advisory committee shall consist of 9 members: (i) 5 members shall
1568   be appointed by the governor, 1 of whom with a background in public health or environmental
1569   policy, who shall serve as chair, and 4 of whom shall be representatives of community-based or
1570   environmental justice organizations; (ii) 2 members shall be appointed by the secretary of energy
1571   and environmental affairs with a background in public health or environmental justice; and (iii) 2
1572   members shall be appointed by the attorney general, 1 of whom shall have a background in
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1573   environmental law or regulatory compliance and 1 of whom shall have a background in
1574   community-based or environmental justice organizations.
1575  (2) In making appointments, the governor, attorney general and secretary of energy and
1576   environmental affairs shall select individuals who are from, or have experience advocating for,
1577   communities that have been disproportionately harmed by air pollution and environmental
1578   injustice. The air quality advisory committee shall be comprised of: (i) residents of
1579   environmental justice populations living adjacent to major highways; (ii) academics with
1580   expertise in outdoor air monitoring, environmental health, air toxics and air pollution; and (iii)
1581   labor representatives.
1582  (3) Any vacancy on the air quality advisory committee shall be filled by the appropriate
1583   appointing authority not later than 60 days after the vacancy. The governor, attorney general or
1584   secretary of energy and environmental affairs may remove an advisory board member who they
1585   appointed for cause. Before removal, the advisory committee member shall be provided with a
1586   written statement of the reason for removal and an opportunity to be heard.
1587  (d) Every 3 years, on or before June 30, the air quality advisory committee shall file a
1588   report with the clerks of the house of representatives and the senate, joint committee on
1589   environment and natural resources and the joint committee on public health identifying the likely
1590   air pollution hotspots due to high concentrations of traffic- and industry-related air pollution
1591   throughout the commonwealth. The advisory committee may make recommendations on areas
1592   that would benefit from being equipped with new or expanded air monitors and establish and
1593   review the definitions of “air quality” and “air quality target pollutants” that shall include, but
1594   shall not be limited to, consideration of criteria pollutants, black carbon and ultrafine particulate
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1595   matter. The report shall include, but shall not be limited to: (i) recommendations regarding the
1596   installation of air filtration in eligible buildings located within 200 meters of a class 1, class 2 or
1597   class 3 roadway, marine terminal, airport or a train station or train yard serving diesel
1598   locomotives; (ii) potential incentives for eligible buildings that are schools, private housing and
1599   public housing to cover the cost of installing air filtration equipment; and (iii) progress made in
1600   other states that may help the commonwealth improve air quality.
1601  SECTION 11A. Chapter 21A of the General Laws is hereby amended by adding the
1602   following section:-
1603  Section 32. (a) As used in this section, the following words shall, unless the context
1604   clearly requires otherwise, have the following meanings:
1605  “Brand”, a name, symbol, word or mark that attributes a mattress as the producer of the
1606   mattress.
1607  “Consumer”, a person, which shall include, but shall not be limited to, individuals,
1608   families and business entities, who purchases a mattress for use in the commonwealth.
1609  “Department”, the department of environmental protection.
1610  “Discarded mattress”, a mattress that has been used and abandoned or discarded within
1611   the commonwealth; provided, that “discarded mattress” shall not include a mattress transported
1612   from outside the commonwealth to be discarded within the commonwealth.
1613  “Environmentally sound management”, includes, but shall not be limited to, the
1614   following management practices, implemented in a manner that are designed to protect public
1615   health and safety and the environment: (i) keeping detailed documentation of the methods used
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1616   to: (A) recycle, reuse or renovate discarded mattresses to the extent feasible, cost-effective and
1617   environmentally efficient; and (B) track and document the fate of program mattresses from
1618   collection through final disposition; (ii) keeping adequate records; (iii) conducting performance
1619   audits and inspections as determined by a stewardship organization; (iv) complying with worker
1620   health and safety requirements; and (v) maintaining adequate liability insurance for a
1621   stewardship organization and contractors working for the stewardship organization.
1622  “Final disposition”, the point beyond which no further processing takes place and a
1623   discarded mattress and its components have been recycled, renovated or disposed of.
1624  “Foundation”, a ticking-covered structure that is used to support a mattress or sleep
1625   surface and that may be constructed of frames, foam, box springs or other materials, used alone
1626   or in combination.
1627  “Mattress”, a resilient material or combination of materials that is enclosed by a ticking,
1628   is used alone or in combination with other products and is intended for sleeping upon or a
1629   foundation. “Mattress” shall include, but shall not be limited to, a foundation and a renovated
1630   mattress or renovated foundation.
1631  “Mattress” shall not include: (i) an unattached mattress pad or unattached mattress
1632   topper, including items with resilient filling, with or without ticking, intended to be used with or
1633   on top of a mattress; (ii) a sleeping bag or pillow; (iii) a car bed, crib or bassinet mattress; (iv)
1634   juvenile products, including, but not limited to, a carriage, basket, dressing table, stroller,
1635   playpen, infant carrier, lounge pad or crib bumper and the pads for those juvenile products; (v) a
1636   product containing liquid- and gaseous-filled ticking, including a waterbed and air mattress that
1637   does not contain upholstery material between the ticking and the mattress core; and (vi)
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1638   upholstered furniture that does not otherwise contain a detachable mattress or that is a fold out
1639   sofa bed or futon.
1640  “Person”, the United States, the state, a public or private corporation, local government
1641   unit, public agency, individual, partnership, association, firm, trust, estate or other legal entity.
1642  “Premium service”, a service such as at-home pickup service, including curbside pickup
1643   service.
1644  “Producer”, any person, irrespective of the selling technique used, including that of
1645   remote sale, that: (i) manufactures a mattress that is sold, offered for sale or distributed within
1646   the commonwealth; or (ii) is the owner of a trademark or brand under which a mattress is sold,
1647   offered for sale or distributed within the commonwealth, whether or not such trademark or brand
1648   is registered within the commonwealth; and (iii) unless covered by (i) or (ii), imports a mattress
1649   into the United States that is sold or offered for sale within the commonwealth.
1650  “Program mattress”, a discarded mattress that a stewardship organization shall provide
1651   environmentally sound management for under a mattress stewardship program; provided, that
1652   “program mattress” shall not include a mattress transported from outside the commonwealth to
1653   be discarded within the commonwealth or a mattress rendered unrecyclable by solid waste
1654   collection methods.
1655  “Recycler”, a person that recycles discarded mattresses.
1656  “Recycling”, any process in which discarded mattresses and components may lose their
1657   original identity or form as they are dismantled and their materials transformed into new, usable
1658   or marketable materials.
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1659  “Renovate”, to alter a discarded mattress for resale through adding to or replacing the
1660   ticking or filling, adding additional filling or replacing components; provided, that “renovate”
1661   shall not include: (i) stripping a discarded mattress of the ticking or filling without adding new
1662   material; (ii) the sanitization or sterilization of a discarded mattress without other alteration to the
1663   discarded mattress; (iii) recycling; or (iv) refurbishing that disqualifies a mattress for a red
1664   wholesale renovator tag to be affixed to the mattress, in accordance with the regulations adopted
1665   by the department.
1666  “Retailer”, a person that offers new, used or renovated mattresses for retail sale.
1667  “Sale” or “sell”, any transfer of title for consideration, including remote sales conducted
1668   through sales outlets, catalogues or the internet or any other similar electronic means; provided,
1669   that “sale” or “sell” shall not include a donation.
1670  “Stewardship assessment”, the per unit amount added to the purchase price of a mattress
1671   sold to a consumer to cover the costs of a mattress stewardship program.
1672  “Stewardship organization”, a nonprofit organization designated by a producer or group
1673   of producers to implement a mattress stewardship program.
1674  “Ticking”, the outermost layer of fabric or related material of a mattress; provided, that
1675   “ticking” shall not include any layer of fabric or material quilted together with, or otherwise
1676   attached to, the outermost layer of fabric or material of a mattress.
1677  (b)(1) Except as provided in paragraph (3), a producer, renovator or retailer shall not sell
1678   or offer for sale any mattress to any person in in the commonwealth unless the producer,
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1679   renovator or retailer is registered with a stewardship organization with a plan approved by the
1680   department pursuant to subsection (d).
1681  (2) On and after the date that a mattress stewardship program is implemented, a retailer
1682   shall: (i) purchase a mattress only from a producer or renovator that is registered with a
1683   stewardship organization as of the date of purchase as evidenced by information made available
1684   by a stewardship organization pursuant to paragraph (4); (ii) collect, at the point of sale, the
1685   mattress stewardship assessment established pursuant to a plan approved by the department and
1686   remit the mattress stewardship assessment to the stewardship organization that implements the
1687   mattress stewardship program; and (iii) provide to consumers, at the point of sale, information on
1688   available collection opportunities for discarded mattresses through the mattress stewardship
1689   program.
1690  (3) A retailer shall be deemed to be in compliance with this subsection if, on the date the
1691   mattress was ordered from the producer or its agent, the producer of the mattress brand is listed
1692   on the department’s website as implementing or participating in an approved mattress
1693   stewardship program.
1694  (4) A stewardship organization shall make available on the stewardship organization’s
1695   website and on request: (i) information on registered brands provided to the stewardship
1696   organization by the producers and renovators registered with the stewardship organization; (ii)
1697   information on available collection opportunities; and (iii) any other information necessary for
1698   retailers to comply with paragraph (2).
1699  (5) A retailer or renovator shall identify the mattress stewardship assessment as a separate
1700   line item on the receipt for a mattress provided to a consumer at the point of sale.
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1701  (6) A stewardship organization shall use a mattress stewardship assessment collected in
1702   the commonwealth to pay the costs to plan, implement, administer and operate a mattress
1703   stewardship program in the commonwealth, including a financial reserve to prudently prepare for
1704   unexpected costs.
1705  (7) Nothing in this subsection shall prevent a stewardship organization from, with notice
1706   to the department, coordinating efforts for carrying out a mattress stewardship program in the
1707   commonwealth with programs for the collection and environmentally sound management of
1708   discarded mattresses in other states.
1709  (c)(1) A stewardship organization shall submit to the department a plan for the
1710   development and implementation of a mattress stewardship program. The plan shall: (i) describe
1711   how the stewardship organization will manage and administer a mattress stewardship program;
1712   (ii) identify each producer, renovator and retailer that is registered with the stewardship
1713   organization as of 30 days before the plan is submitted to the department; and (iii) include a
1714   description of how the stewardship organization will provide for the environmentally sound
1715   management of program mattresses, regardless of the producer; (iv) establish performance goals
1716   for: (A) the collection target and recycling rates of program mattresses; and (B) public awareness
1717   of the mattress stewardship program; (v) include an anticipated annual operating budget, as
1718   described in paragraph (3), for the mattress stewardship program for 2 years of operation of the
1719   program, beginning with the year in which the plan is submitted to the department; (vi) include a
1720   proposed method for collecting the mattress stewardship assessment from retailers and a method
1721   for ensuring the assessment is remitted to the stewardship organization; provided, that the
1722   mattress stewardship assessment shall be sufficient to recover, but not exceed, the costs of
1723   establishing and administering the mattress stewardship program; (vii) provide for public
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1724   education and awareness of discarded mattress collection opportunities statewide and on a
1725   regular basis; (viii) address procedures for identifying substantial or material changes to the
1726   system for collecting discarded mattresses for which a plan amendment shall be required under
1727   subsection (f); and (ix) describe the criteria for determining whether a mattress should be
1728   rejected as unacceptable for recycling because it is contaminated, wet, crushed, or would
1729   otherwise pose a health or safety risk to personnel or equipment, and how the solid waste sector
1730   would dispose of such mattresses. The description pursuant to clause (iii) shall include, but shall
1731   not be limited to: (A) identification of the proposed recyclers that the stewardship organization
1732   will contract with to process program mattresses and the recycling methods that the recyclers
1733   will use; (B) how the stewardship organization will implement the mattress stewardship program
1734   to engage in environmentally sound management practices; and (C) describe how non-program
1735   mattresses will be handled.
1736  (2) There shall be no charge at the point of collection of discarded program mattresses;
1737   provided, however, that the stewardship organization may allow for a person that provides a
1738   premium service under the mattress stewardship program to charge for the additional cost of that
1739   premium service for program mattresses.
1740  (3) The anticipated annual operating budget for a mattress stewardship program shall
1741   include, but shall not be limited to, budget line items relating to the: (i) collection, transportation
1742   and processing of program mattresses; (ii) anticipated amount of moneys that the stewardship
1743   organization will hold in unallocated reserve funds for the mattress stewardship program; and
1744   (iii) annual fee to be paid to the department pursuant to paragraph (3) of subsection (g).
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1745  (4) In operating a mattress stewardship program, a stewardship organization shall: (i)
1746   meet the requirements of the plan submitted under this subsection, as approved by the
1747   department pursuant to subsection (e); and (ii) meet or exceed the service requirements pursuant
1748   to subsection (d).
1749  (d)(1) A plan submitted pursuant to subsection (c) shall provide for convenient consumer
1750   access to the program, including permanent mattress dropoff locations throughout the
1751   commonwealth, collection events in underserved areas of the commonwealth and a convenient
1752   way for the public to access a list of mattress collection opportunities.
1753  (2) A plan may provide for methods for providing convenient service that are alternative
1754   methods to those provided for in paragraph (1) if, based on a geographic information systems
1755   analysis or additional information, the alternative methods shall result in providing service to
1756   residents throughout this state at an equivalent level of convenient service compared with the
1757   methods provided for under paragraph (1).
1758  (3) A stewardship organization may: (i) establish and maintain collection sites at
1759   permitted solid waste facilities or other suitable sites for the collection of discarded mattresses;
1760   provided, that such sites shall not impose a fee for making space available for storage containers
1761   that the stewardship organization shall provide at no charge; (ii) provide for bulk pickup service
1762   at no cost to collect a minimum of 100 properly sourced separated program mattresses at 1 time
1763   from persons including: (A) retailers; (B) health care, educational or military facilities; and (C)
1764   hotels, motels, inns and other establishments that provide transient lodging; (iii) offer
1765   organizations that recycle or renovate discarded mattresses the opportunity to participate as
1766   collection sites; and (iv) notify retailers that sell or offer for sale mattresses made or sold by
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1767   producers or renovators registered with the stewardship organization about the mattress
1768   stewardship program and provide retailers with information necessary to comply with this
1769   subsection.
1770  (e)(1) The department shall approve, reject or request additional information for a plan
1771   submitted under subsection (c) or an amendment to a plan submitted under subsection (g) not
1772   later than 60 days after the department receives the plan or plan amendment from the
1773   stewardship organization. The department shall post a plan or plan amendment on its website and
1774   provide for a public comment period of not less than 15 days before approving, rejecting or
1775   requesting additional information on the plan or plan amendment.
1776  (2) If the department rejects, or requests additional information pertaining to subsection
1777   (c) for, the plan or plan amendment, the department shall provide the stewardship organization
1778   with the reasons, in writing, that the plan or plan amendment does not meet the plan
1779   requirements of subsection (c). The stewardship organization shall have 30 days from the date
1780   that the rejection or request for additional information is received to submit to the department
1781   any additional information necessary for the approval of the plan or plan amendment. The
1782   department shall review and approve or disapprove the revised plan or plan amendment not later
1783   than 30 days after the department receives the revised plan or plan amendment.
1784  (3) The department’s rejection of, or request for additional information for, a plan
1785   amendment does not relieve a stewardship organization from continuing to implement a mattress
1786   stewardship program in compliance with a previously approved plan pending a final action by
1787   the department on the plan amendment.
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1788  (4) Not later than 1 year after a plan or amended plan is approved under this section, a
1789   stewardship organization shall implement a mattress stewardship program as described in the
1790   plan or amended plan.
1791  (f)(1) Each stewardship organization shall submit to the department for approval an
1792   amendment to a plan that has been approved by the department under subsection (e) if, at any
1793   time: (i) there is a substantial or material change, pursuant to paragraph 1 of subsection (c), to the
1794   system for collecting discarded mattresses; or (ii) the department requests an amendment to the
1795   plan in order to address a specific finding by the department that the program plan is outdated as
1796   described in the program plan.
1797  (2) The department shall review the program plan every 5 years after initial plan
1798   approval. If the department determines that the requirements of paragraph (1) have been met, it
1799   may require the stewardship organization to submit to the department, an amended plan for its
1800   review and approval or rejection.
1801  (3) The department shall not request an amendment pursuant to paragraph (1) until 2
1802   years after the implementation of a mattress stewardship program by the stewardship
1803   organization.
1804  (4) Within 30 days of the following, the stewardship organization shall provide written
1805   notice to the department: (i) a change in the location or the number of permanent collection sites
1806   identified in the plan; (ii) a change in the producers or renovators that are registered with the
1807   stewardship organization; or (iii) a change in the recyclers or renovators and transporters that
1808   manage the discarded mattresses collected by the stewardship organization under the program.
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1809  (5) The stewardship organization may change the amount of such assessment after 1 year
1810   from the date when the collection of the stewardship assessment commences; provided, however,
1811   that the organization shall not change the amount of such assessment more frequently than
1812   annually unless the organization provides good cause to change the assessment earlier and shall
1813   provide not less than 90 days notice to the public before the change in the amount of such
1814   assessment takes place.
1815  (6) The stewardship organization may conduct a financial review of the fees of those
1816   parties required to remit the stewardship assessment to the mattress recycling organization to
1817   verify that the assessments paid are proper and accurate and to confirm that all parties required
1818   by this article to pay or collect the assessment are paying or collecting the proper amount. The
1819   financial review shall be carried out in accordance with generally accepted auditing practices and
1820   shall be limited in scope to confirm whether the stewardship assessment has been properly
1821   collected on all sales of mattresses to consumers in the commonwealth. The stewardship
1822   organization shall hire independent third-party auditors to conduct the financial review. The
1823   organization shall provide to the department a copy of such financial review reports.
1824  (7) A proposed change to the mattress stewardship assessment shall not be grounds to
1825   require a program plan amendment.
1826  (g)(1) Each stewardship organization that implements a mattress stewardship program
1827   pursuant to a plan approved by the department pursuant to section 5 shall, not later than July 1 of
1828   each year, submit for review and approval to the department: (i) the annual report pursuant to
1829   subsection (b) for the preceding calendar year; and (ii) an updated budget for the upcoming
1830   calendar year that follows the budget requirements pursuant to subsection (c);
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1831  (2) The annual report submitted by a stewardship organization pursuant to paragraph (1)
1832   shall include, but shall not be limited to, with respect to mattresses collected in the
1833   commonwealth:
1834  (i) the total sales of mattresses sold to consumers in the commonwealth in the previous
1835   calendar year by producers, renovators and retailers registered with the stewardship organization;
1836  (ii) the mattress stewardship program’s costs and revenues for the previous calendar year;
1837  (iii) information on the number and tonnage of discarded mattresses collected pursuant to
1838   the mattress stewardship program for recycling during the previous calendar year;
1839  (iv) the weight of mattress materials recycled and the final disposition of mattress
1840   materials, by weight and by material, sold as commodities in secondary markets;
1841  (v) the weight of program mattress materials sent for disposal at each of the following:
1842   (A) waste-to-energy facilities; (B) landfills; and (C) any other facilities;
1843  (vi) an evaluation of why the mattress materials sent for disposal were not recycled and a
1844   description of program efforts to increase the recycling rate of mattress materials under the
1845   mattress stewardship program;
1846  (vii) the strategies of the stewardship organization will take to address discarded
1847   mattresses that are not program mattresses and discarded mattresses that are illegally dumped;
1848  (viii) a summary of the public education offered in the previous calendar year that
1849   supports the mattress stewardship program and examples of public education materials;
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1850  (ix) an evaluation of the effectiveness of methods and processes used to achieve the
1851   approved program plan goals of the mattress stewardship program, information on progress
1852   made toward achieving the goals, an explanation of why any goals were not met during the
1853   previous calendar year and any options for improving progress toward meeting the goals in the
1854   future, if applicable;
1855  (x) a report by an independent certified public accountant, retained by the stewardship
1856   organization at the stewardship organization’s expense, on the accountant’s audit of the
1857   stewardship organization’s financial statements;
1858  (xii) a report on the outcome of financial review of entities the stewardship organization
1859   contracts with, as provided in subsection (f); and
1860  (xiii) recommendations for changes to the mattress stewardship program, including
1861   continuous improvement.
1862  (3) The department shall establish an annual fee to be paid by the stewardship
1863   organization that is reasonably calculated to cover the actual costs to the department to
1864   administer, implement and enforce this section. The department shall provide notice to a
1865   stewardship organization not later than April 1 of each year of the annual fee for the upcoming
1866   calendar year. Fees collected by the department under this section shall be credited to the
1867   Mattress Stewardship Fund established under section 2PPPPPP of chapter 29.
1868  (h)(1) The department may enter upon and inspect, at any reasonable time, any public or
1869   private property, premises or place for the purpose of investigating either an actual or suspected
1870   violation of this section.
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1871  (2) A stewardship organization shall retain all records related to implementation of a
1872   mattress stewardship program for not less than 3 years and make the records available for
1873   inspection by the department upon request.
1874  (3) The department shall maintain on its website a list of all producers, renovators and
1875   retailers that are in compliance with this section.
1876  (4) Upon a written finding that a manufacturer, renovator, distributor, recycler or retailer
1877   has not met a material requirement of this section, in addition to any other penalties authorized
1878   under this section, the department may take any of the following actions after affording the
1879   manufacturer, organization, renovator, distributor, recycler or retailer a reasonable opportunity to
1880   respond to or rebut the finding, to ensure compliance with the requirements of this section:
1881  (i) require additional reporting requirements relating to compliance with the material
1882   requirement identified by the department;
1883  (ii) remove the manufacturer, renovator or distributor from the department’s internet
1884   website and list of compliant manufacturers, renovators, and distributors, as specified in
1885   subsection (b); and
1886  (iii) levy civil penalties as described in subsection (k).
1887  (i)(1) The establishment, administration, setting, collection and disbursement of the
1888   stewardship assessment shall be exempt from federal and state antitrust laws.
1889  (2) This section shall not authorize any person to engage in activities or to conspire to
1890   engage in activities that constitute per se violations of state or federal antitrust laws that are not
1891   authorized under this section.
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1892  (3) This subsection shall not apply to any activities related to: (i) pricing agreements for
1893   mattresses unrelated to the mattress stewardship assessment; (ii) agreements regarding the output
1894   or production of mattresses; or (iii) restrictions on the geographic area in which, or the
1895   consumers to whom, mattresses will be sold.
1896  (4) The department shall actively supervise the conduct of a stewardship organization in
1897   establishing, administering, collecting and disbursing the mattress stewardship assessment.
1898  (j) The department may adopt rules and regulations as necessary to implement this
1899   section.
1900  (k)(1) A retailer that violates this section shall be subject to a civil penalty not greater
1901   than $100 per day for each day of the violation. A producer, renovator or representative
1902   organization that violates this section shall be subject to a civil penalty not greater than $1,000
1903   per day for each day of the violation.
1904  (2) Any penalty collected under this subsection shall be placed in the mattress
1905   stewardship fund to be used by the department to ensure the implementation of approved
1906   mattress stewardship programs.
1907  (3) In evaluating whether to impose a civil penalty, and in determining the amount of
1908   such civil penalty, the department shall take into account the materiality of the violation, whether
1909   the violation is wholly or partially the result of factors beyond the control of the producer or
1910   mattress recycling organization, whether the producer or mattress recycling organization has
1911   made a good faith effort to comply with this section and whether the violation can be addressed
1912   through means other than a civil penalty.
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1913  SECTION 11B. Section 2 of chapter 21G of the General Laws, as appearing in the 2024
1914   Official Edition, is hereby amended by inserting after the word “volume.”, in line 32, the
1915   following words:- The permit program is intended to assist the department in the comprehensive
1916   management of the commonwealth’s water resources within its river basins in a manner that
1917   ensures an appropriate balance among competing water withdrawals and uses, as well as
1918   preservation of the water resource itself.
1919  SECTION 11C. Said section 2 of said chapter 21G, as so appearing, is hereby further
1920   amended by inserting after the word “thereunder.”, in line 49, the following words:- The
1921   registration statement is intended to enable the department to document baseline water use in the
1922   commonwealth.
1923  SECTION 11D. Section 5 of said chapter 21G, as so appearing, is hereby amended by
1924   adding the following paragraph:-
1925  All properly filed renewal registration statements shall entitle the registrants to their
1926   registered water use volumes without conditions, including through department regulations;
1927   provided, however, that the department regulations may establish water volume measurements;
1928   provided further, that the department may require proper metering or other means to accurately
1929   measure the volume of water withdrawn under a renewal registration statement.
1930  SECTION 11E. Chapter 21N of the General Laws is hereby amended by inserting after
1931   section 3B the following section:-
1932  Section 3C. The secretary shall, in consultation with the department and the coastal zone
1933   management office established in section 4A of chapter 21A, develop a quantified net positive
1934   statewide carbon sequestration and storage goal for natural and working lands. In consideration
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1935   of the commonwealth’s substantial coastline, the secretary shall study the sequestration capacity
1936   of the commonwealth’s salt marshes, seagrasses and waterways in developing the
1937   commonwealth’s carbon sequestration goal. The sequestration goal shall be determined in
1938   agreement with the statewide greenhouse gas emission reductions goals as established by the
1939   secretary.
1940  SECTION 11F. Chapter 25A of the General Laws is hereby amended by adding the
1941   following section:-
1942  Section 22. (a) As used in this section, the following words shall, unless the context
1943   clearly requires otherwise, have the following meanings:
1944  “Correlated color temperature”, the apparent hue of the light emitted by a fixture,
1945   expressed in kelvin (K).
1946  “Façade lighting”, illumination of exterior surfaces of buildings for the enhancement of
1947   their nighttime appearance, achieved by shining light onto building surfaces, or by internal or
1948   external illumination of translucent building surfaces, or with fixtures solely for decorative
1949   function.
1950  “Fixture”, a complete lighting unit, including a light source together with the parts
1951   designed to distribute the light, to position and protect the light source and connect the light
1952   source to the power supply.
1953  “Fully shielded fixture”, a fixture that in its mounted position has an uplight value of U0
1954   as defined by the Illuminating Engineering Society’s IES TM-15-11, Luminaire Classification
1955   System for Outdoor Luminaires or successor publication, or that allows no direct light from the
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1956   fixture above a horizontal plane through the fixture's lowest light-emitting part, in its mounted
1957   position.
1958  “Glare”, light emitted by a fixture that causes visual discomfort or reduced visibility.
1959  “Illuminance”, the luminous power incident per unit area of a surface.
1960  “Light trespass”, light that falls beyond the property it is intended to illuminate.
1961  “Lumen”, a standard unit of measurement of the quantity of light emitted from a source
1962   of light.
1963  “Municipal funds”, bond revenues or money appropriated or allocated by the governing
1964   body of a town or city within the commonwealth.
1965  “Ornamental lighting”, a lighting fixture that has a historical or decorative appearance
1966   and that serves a decorative function in addition to serving to light a roadway, parking lot,
1967   walkway, plaza, landscaping or other area.
1968  “Parking-lot lighting”, a permanent outdoor fixture specifically intended to illuminate an
1969   uncovered vehicle parking area.
1970  “Permanent outdoor fixture”, a fixture for use in an exterior environment installed with
1971   mounting not intended for relocation; provided, however, that “permanent outdoor fixture” shall
1972   not include: (i) a fixture used temporarily for emergency, repair, construction or similar
1973   activities; (ii) the replacement of a previously installed permanent outdoor fixture that is
1974   destroyed, damaged or inoperative, has experienced electrical failure due to failed components,
1975   or requires standard maintenance; or (iii) festoon lighting; as defined in the National Fire
1976   Protection Association Inc.’s NFPA 70 National Electrical Code.;
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1977  “Roadway lighting”, a permanent outdoor fixture specifically intended to illuminate a
1978   public roadway.
1979  “Sky glow”, scattered light in the atmosphere that is caused by light directed upward or
1980   sideways from fixtures, reducing an individual’s ability to view the natural night sky.
1981  “State funds”, bond revenues or money appropriated or allocated by the general court.
1982  “Uplight”, direct light emitted above a horizontal plane through the fixture’s lowest light-
1983   emitting part in its mounted position.
1984  (b) The department, in consultation with the Massachusetts Department of Transportation
1985   and the executive office of public safety and security, shall promulgate regulations governing the
1986   use of state or municipal funds to install, to cause to be installed, or to operate new permanent
1987   outdoor fixtures, with the intent of reducing energy waste and minimizing light pollution. Such
1988   regulations shall ensure that state and municipal funds are not used for new permanent outdoor
1989   fixtures unless the following conditions are met:
1990  (i) fixtures used for roadway lighting or parking-lot lighting, whether mounted to poles,
1991   buildings or other structures, shall be fully shielded unless they are ornamental lighting fixtures,
1992   or are fixtures used to light tunnels or roadway underpasses;
1993  (ii) ornamental lighting fixtures shall comply with a limit on lumens of uplight
1994   established in the regulations;
1995  (iii) fixtures used for roadway lighting shall not be more numerous than is necessary for
1996   adequate vehicular and pedestrian safety, as determined by the regulations and given due
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1997   consideration to the Federal Highway Administration Lighting Handbook and to the
1998   recommendations in the Illuminating Engineering Society’s ANSI/IES RP-8;
1999  (iv) building-mounted fixtures shall be fully shielded unless they are façade lighting
2000   fixtures;
2001  (v) façade lighting fixtures shall be selected and installed to direct the light onto the
2002   intended target, and shall be shielded, so that glare, sky glow and light trespass are minimized;
2003  (vi) fixtures used to light historic structures, flags, monuments, statuary and works of art
2004   shall be selected and installed to direct the light onto the intended target, and shall be shielded, so
2005   that glare, sky glow and light trespass are minimized;
2006  (vii) fixtures used to light athletic playing areas shall be selected and installed so as to
2007   minimize glare, light trespass and sky glow outside the athletic playing area;
2008  (viii) fixtures installed for any purpose shall have a correlated color temperature that is
2009   not greater than a limit established in the regulations; provided, that the limit shall not exceed
2010   3000 K; and provided further, that said regulations shall include exemptions from the limit
2011   where: (A) a public safety need is demonstrated; (B) the fixtures are used exclusively for the
2012   decorative illumination through color of certain building façade or landscape features; or (C) the
2013   fixtures are used to illuminate athletic playing areas; and
2014  (ix) lighting installed for any purpose shall provide maintained illuminance at levels that
2015   are no greater than those required for the intended purpose, as established in the regulations and
2016   given due consideration to lighting industry standards and practices, unless a demonstrated and
2017   verified need exists for higher levels to ensure safety or security; provided, that if a municipal
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2018   ordinance or regulation specifies lower illuminance levels, the illuminance level required for the
2019   intended purpose by the municipal ordinance or regulation shall be used.
2020  (c) This section shall not apply: (i) if it is preempted by federal law; (ii) to navigational
2021   and other lighting systems necessary for aviation and nautical safety; (iii) if a compelling and
2022   bona fide safety or security need exists that cannot be reasonably addressed through a fixture,
2023   fixture placement, or illuminance level that complies with subsection (b), or through non-lighting
2024   safety measures; or (iv) to fixtures installed under any specific exemptions as codified in the
2025   regulations established under subsection (b).
2026  SECTION 12. Chapter 29 of the General Laws is hereby amended by inserting after
2027   section 2NNNNNN, inserted by section 19 of chapter 73 of the acts of 2025, the following 2
2028   sections:-
2029  Section 2OOOOOO. (a) For the purposes of this section, “Historic Connecticut River
2030   Water Trail” shall, unless the context clearly requires otherwise, mean the portion of the
2031   Connecticut river beginning at the Holyoke dam located at river mile 83.4 and ending at the
2032   northern border of the municipality of Hatfield located at river mile 104.3.
2033  (b) There shall be established and set up on the books of the commonwealth a separate,
2034   non-budgeted special revenue fund known as the Historic Connecticut River Water Trail
2035   Marking Fund, which shall be administered by the executive office of energy and environmental
2036   affairs to support the maintenance of the Historic Connecticut River Water Trail.
2037  (c) The fund shall be credited with: (i) money transferred to the fund by a municipality;
2038   (ii) money transferred to the fund by the municipal gas and electric commission of the city of
2039   Holyoke; (iii) money transferred to the fund by the general court and specifically designated to
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2040   be credited to the fund; (iv) funds from public and private sources, including, but not limited to,
2041   gifts, grants and donations; and (v) interest earned on money in the fund.
2042  (d) Amounts credited to the fund shall be expended, without further appropriation, by the
2043   secretary of energy and environmental affairs, in consultation with the director of the office of
2044   law enforcement, the director of the office of outdoor recreation and the chief executive officers
2045   of the municipalities of Easthampton, Hadley, Hatfield, Holyoke, Northampton and South
2046   Hadley, to ensure the placement of river markers to ensure safe navigable passage and recreation
2047   on the Historic Connecticut River Water Trail.
2048  (e) The unexpended balance in the fund at the end of a fiscal year shall remain available
2049   for expenditure in subsequent fiscal years. For the purpose of accommodating timing
2050   discrepancies between the receipt of revenues and related expenditures, the executive office of
2051   energy and environmental affairs may incur expenses, and the comptroller shall certify for
2052   payment, amounts not to exceed the most recent revenue estimate as certified by the office of
2053   law enforcement established in section 10A of chapter 21A, as reported in the state accounting
2054   system.
2055  Section 2PPPPPP. (a) There shall be established and set up on the books of the
2056   commonwealth a separate, non-budgeted special revenue fund known as the Mattress
2057   Stewardship Fund, which shall be administered by the commissioner of environmental protection
2058   to pay the costs of administering, implementing and enforcing section 32 of chapter 21A.
2059  (b) The fund shall be credited with: (i) fees collected pursuant to subsection (g) of section
2060   32 of chapter 21A; (ii) money transferred to the fund by the general court and specifically
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2061   designated to be credited to the fund; (iii) funds from public and private sources, including, but
2062   not limited to, gifts, grants and donations; and (iv) interest earned on money in the fund.
2063  (c) Amounts credited to the fund shall be expended without further appropriation, by the
2064   commissioner of environmental protection. The unexpended balance in the fund at the end of a
2065   fiscal year shall remain available for expenditure in subsequent fiscal years.
2066  SECTION 13. The General Laws are hereby amended by inserting after chapter 29D the
2067   following 2 chapters:-
2068  Chapter 29E
2069  Resilience Revolving Fund
2070  Section 1. As used in this chapter, the following words shall, unless the context clearly
2071   requires otherwise, have the following meanings:
2072  “Board”, as defined in section 1 of chapter 29C.
2073  “Trust”, as defined in section 1 of chapter 29C.
2074  “Trust agreement”, as defined in section 1 of chapter 29C.
2075  Section 2. (a) There shall be established and set up on the books of the commonwealth a
2076   separate, non-budgeted special revenue fund known as the Resilience Revolving Fund. The fund
2077   shall be administered by the board. The fund shall be credited with amounts credited or
2078   transferred to the fund by the general court or any other source, including, but not limited to: (i)
2079   fees or tax revenue specified to be credited to the fund; (ii) federal grants; (iii) loan repayments;
2080   (iv) investment earnings on money in the fund; and (v) any other amounts required to be credited
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2081   to the trust by operation of law, resolution or agreement entered into by the board. The state
2082   treasurer shall be the treasurer-custodian of the fund and, subject to any applicable trust
2083   agreement, the state treasurer may invest monies held in the fund in such investments as may be
2084   legal investments for funds of the commonwealth.
2085  (b) Amounts credited to the fund may be used, without further appropriation, to provide:
2086   (i) loans to municipalities, tribal governments and public water and wastewater districts for
2087   climate resilient infrastructure projects recommended by the advisory committee established in
2088   section 3; and (ii) technical support for eligible applicants needing assistance for projects to be
2089   ready to apply for said loans and program management, to be provided by the executive office of
2090   energy and environmental affairs; provided, that the amount expended pursuant to clause (ii)
2091   shall not exceed the amount approved annually by the board based on a recommendation by the
2092   advisory committee. The unexpended balance in the fund at the end of a fiscal year shall remain
2093   available for expenditure in subsequent fiscal years. No expenditure made from the fund shall
2094   cause the fund to be in deficit at any point.
2095  Section 3. (a) There shall be an advisory committee to the board consisting of: the state
2096   treasurer, ex officio; the secretary of administration and finance, ex officio; the secretary of
2097   energy and environmental affairs, ex officio; 1 member appointed by the trust; and 1 member
2098   appointed by the secretary of energy and environmental affairs. Each member of the advisory
2099   committee may appoint a designee pursuant to section 6A of chapter 30. The advisory committee
2100   shall elect a chair by majority vote.
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2101  (b) The advisory committee shall recommend eligible climate resilient infrastructure
2102   projects and expenditures for technical support and program management to the board for
2103   approval for loans pursuant to sections 6 and 7.
2104  (c) The executive office of energy and environmental affairs shall promulgate regulations
2105   establishing the criteria for a climate resilience project and any key project requirements,
2106   including, but not limited to: (i) the scope of the project; (ii) any ongoing requirements and
2107   covenants; and (iii) compliance with subsection (b) of section 283 of chapter 238 of the acts of
2108   2024 regarding the use of project labor agreements.
2109  (d) The advisory committee shall only consider projects for which it has received a
2110   certificate issued by the executive office of energy and environmental affairs that approves the
2111   project in accordance with regulations and identifies the specific project requirements, including,
2112   but not limited to, the scope, timeline and costs of the project.
2113  Section 4. (a) The board may provide, by resolution, for the issuance from time to time of
2114   bonds for any purpose of the fund. The bonds shall be issued as special obligations payable
2115   solely from the revenues, funds and other assets or property held or to be received by the trust
2116   with respect to the fund.
2117  (b)(1) The bonds of each issue may: (i) be dated; (ii) bear interest at such rate or rates,
2118   including rates variable from time to time; and (iii) mature or otherwise be payable or
2119   redeemable at such times as the board may determine.
2120  (2) The board shall determine the denominations of bonds, the details of their execution
2121   and authentication and their places of payment within or without the commonwealth. In case any
2122   trustee or officer whose signature appears on any bonds shall cease to be such officer before their
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2123   delivery, the signature shall nevertheless be valid and sufficient as if the officer had remained in
2124   office until delivery.
2125  (3) Bonds may be issued in certificated or uncertificated form, payable to bearer or
2126   registered owners, and, if notes, may be made payable to bearer or to order.
2127  (4) The board may sell the bonds of the trust at public or private sale at par or for such
2128   premium or discount price as it may determine.
2129  (5) The board may, by resolution, delegate to any trustee or officer of the trust the power
2130   to determine any of the matters set forth in this section.
2131  (c) Bonds of the trust may be secured by a trust agreement between the trust and the bond
2132   owners or a corporate trustee which may be any trust company or bank having the powers of a
2133   trust company within or without the commonwealth. A trust agreement may pledge or assign, in
2134   whole or in part, any loan agreements and local governmental obligations, and the revenues,
2135   funds and other assets or property held or to be received by the trust with respect to the fund,
2136   including, but not limited to, all monies and investments on deposit from time to time in the fund
2137   or any account of such trust agreement and any contract or other rights to receive the same,
2138   whether then existing or thereafter coming into existence and whether then held or thereafter
2139   acquired by the trust, and the proceeds thereof. A trust agreement may contain, without
2140   limitation, provisions for protecting and enforcing the rights, security and remedies of the
2141   bondholders, provisions defining defaults and establishing remedies, which may include
2142   acceleration and may also contain restrictions on the remedies by individual bondholders. A trust
2143   agreement may also contain covenants of the trust concerning the custody, investment and
2144   application of monies, the enforcement of loan agreements and local governmental obligations,
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2145   the issue of additional or refunding bonds, the use of any surplus bond proceeds, the
2146   establishment of reserves and the regulation of other matters customarily treated in trust
2147   agreements. At the request of the board, the state treasurer shall join in any trust agreement or to
2148   otherwise agree with the trust, any lender or any trustee for bondholders to hold the fund in
2149   compliance with any covenants and provisions relating to the fund contained in any trust
2150   agreement.
2151  (d) Bonds may be issued by the trust in the form of lines of credit or other banking
2152   arrangements under terms and conditions determined by the board. In addition to other lawful
2153   security, bonds may be secured, in whole or in part, by financial guarantees, by insurance, by
2154   letters or lines of credit or by other credit enhancement issued to the trust or to a trustee or other
2155   person, by any bank, trust company, insurance or surety company or other financial institution,
2156   within or without the commonwealth. The trust may pledge or assign, in whole or in part, any
2157   loan agreements and local governmental obligations and the revenues, funds and other assets and
2158   property held or to be received by the trust with respect to the fund, and any contract or other
2159   rights to receive the same, whether then existing or thereafter coming into existence and whether
2160   then held or thereafter acquired by the trust, and the proceeds thereof, as security for such
2161   guarantees or insurance or for the reimbursement to any issuer of a line or letter of credit.
2162  (e) The board may, by resolution, provide for the issue by the trust of interim receipts or
2163   temporary bonds, exchangeable for definitive bonds when the bonds are executed and are
2164   available for delivery. The board may provide for replacement of mutilated, destroyed or lost
2165   bonds. The trust may purchase and invite offers to tender for purchase any outstanding bonds;
2166   provided, however, that no purchase by the trust shall be made at a price, exclusive of accrued
2167   interest, if any, exceeding the bond’s principal amount or, if greater, its redemption price when
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2168   next redeemable at the option of the trust. The trust may resell any bonds it purchases in such
2169   manner and for such price as it may determine.
2170  (f) The board may issue refunding bonds of the trust for the purpose of paying any bonds
2171   at or prior to maturity. Refunding bonds may be issued at any time at or prior to the maturity or
2172   redemption or purchase of the refunded bonds. Refunding bonds may be issued in sufficient
2173   amounts to pay or provide for payment of the principal of the bonds being refunded, together
2174   with any redemption premium thereon, any interest or discount accrued or to accrue to the date
2175   of payment, costs of issuance and other expenses and reserves reasonably necessary to achieve
2176   the refunding.
2177  (g) Bonds of the trust shall be: (i) securities in which public officers and agencies,
2178   insurance companies, financial institutions, investment companies, executors, administrators,
2179   trustees and others may properly invest funds including capital within their control; and (ii)
2180   securities which may be deposited with any public officer or any agency for any purpose for
2181   which the deposit of bonds is authorized by law.
2182  (h) Bonds issued by the trust shall not be deemed to be a debt or a pledge of the faith and
2183   credit of the commonwealth or of any of its political subdivisions, but shall be payable solely
2184   from the revenues and monies of the fund and other monies and rights pledged to their payment.
2185   Bonds shall recite that neither the commonwealth nor any political subdivision thereof shall be
2186   obligated to pay the same and neither the faith and credit nor the taxing power of the
2187   commonwealth or any political subdivision is pledged to their payment. Every bond shall recite
2188   it is a special obligation payable solely from the revenues, funds, assets or other property of the
2189   fund.
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2190  (i) Bonds of the trust shall be deemed to be investment securities under chapter 106.
2191   Bonds, their transfer and the income therefrom, including any profit made on the sale thereof,
2192   shall, at all times, be exempt from taxation by and within the commonwealth. The trust shall not
2193   be required to pay any taxes, assessments or excises upon its income, existence, operation or
2194   assets, monies or revenues.
2195  Section 5. It shall be lawful for any bank or trust company to act as a depository of the
2196   fund or trustee under a trust agreement; provided, that the bank or trust company shall furnish
2197   indemnification and reasonable security as the board may require. Any assignment or pledge of
2198   revenues, funds and other assets and property made by the trust shall be valid and binding and
2199   shall be deemed continuously perfected for the purposes of chapter 106 and other laws when
2200   made. The revenues, funds and other assets and property, rights therein and thereto and proceeds
2201   so pledged and then held or thereafter acquired or received by the trust shall immediately be
2202   subject to the lien of such pledge without any physical delivery or segregation or further act, and
2203   the lien of any such pledge shall be valid and binding against all parties having claims of any
2204   kind in tort, contract or otherwise against the trust, whether or not such parties have notice
2205   thereof. The trust agreement by which a pledge is created need not be filed or recorded to perfect
2206   the pledge except in the records of the board and no filing need be made pursuant to said chapter
2207   106. Any pledge or assignment made by the trust is an exercise of its political and governmental
2208   powers, and loan agreements, local governmental obligations, revenues, funds, assets, property
2209   and contract or other rights to receive the same and the proceeds thereof that are subject to the
2210   lien of a pledge or assignment created under this chapter shall not be applied to any purposes not
2211   permitted by the pledge or assignment. Any holder of a bond and any trustee under a trust
2212   agreement, except to the extent its rights may: (i) be restricted by the trust agreement; (ii) bring
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2213   suit upon the bonds; and (iii) pursue any other legal action to protect and enforce its rights and
2214   compel performance of all duties required to be performed by the trust and the board.
2215  Section 6. In addition to the other powers set forth in chapter 29C, the board may: (i)
2216   make loans and other forms of financial assistance to finance or refinance costs of climate
2217   resilient infrastructure projects as authorized by section 2; (ii) acquire, hold and sell local
2218   governmental obligations and other instruments evidencing the loans and other forms of financial
2219   assistance at such prices and in such manner as the board shall deem advisable; and (iii) secure
2220   bonds of the trust with loans, local governmental obligations and other instruments.
2221  Section 7. Any municipality, tribal government and public water and wastewater district
2222   may apply to the executive office of energy and environmental affairs for a loan to assist in
2223   financing the cost of a climate resilient infrastructure project. At the option of the trust, loans
2224   may be unsecured or may be secured by local governmental obligations for delivery to the trust
2225   to evidence the loan. Each loan shall be made pursuant to a loan agreement between the trust and
2226   such entity acting by and through the officer or officers, board, committee or other body
2227   authorized by law, or otherwise its chief executive officer. The trust shall have such remedies
2228   with respect to defaults on such loans as set forth in section 11 of chapter 29C.
2229  Chapter 29F
2230  Community Septic Management Program Expansion
2231  Section 1. As used in this chapter, the following words shall, unless the context clearly
2232   requires otherwise, have the following meanings:
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2233  “Domestic septic system”, any properly functioning septic system serving a structure
2234   used for human habitation that is approved for the intended use pursuant to title 5 of the state
2235   environmental code established in 310 CMR 15.000, et seq.
2236  “Enhanced nitrogen removal technology”, an enhanced nitrogen removal alternative
2237   technology approved by the department of environmental protection in accordance with title 5 of
2238   the state environmental code established in 310 CMR 15.000, et seq.
2239  “Loan agreement”, an agreement entered into between the trust and a local governmental
2240   unit or other eligible borrower pertaining to a loan for the purchase and delivery of local
2241   governmental obligations or other instruments evidencing or securing a loan. The term “loan
2242   agreement” shall include, but shall not be limited to a: (i) loan agreement; (ii) trust agreement;
2243   (iii) trust indenture; (iv) security agreement; (v) reimbursement agreement; (vi) guarantee
2244   agreement; (vii) bond or note resolution; (viii) loan order; or (ix) similar instrument whether
2245   secured or unsecured.
2246  “Local or regional board of health”, any body politic or political subdivision of the
2247   commonwealth that acts as a board of health, public health commission or a health department
2248   for a municipality; provided, however, that “board of health” shall include, but shall not be
2249   limited to, municipal boards of health, regional health districts established under section 27B of
2250   chapter 111 and boards of health that share services pursuant to section 4A of chapter 40.
2251  Section 2. (a) Notwithstanding chapter 29C or any other general or special law to the
2252   contrary, to reduce environmental impacts of nitrogen pollution in vulnerable communities, a
2253   local or regional board of health may enter into loan agreements, subject to appropriation, with
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2254   owners of domestic septic systems to provide for the repair, replacement or upgrade of domestic
2255   septic systems.
2256  (b) A loan agreement pursuant to subsection (a) shall be to finance the repair,
2257   replacement or upgrade of a domestic septic system to incorporate new enhanced nitrogen
2258   removal technology or to repair or upgrade existing enhanced nitrogen removal technology.
2259  Section 3. (a) A domestic septic system shall qualify for loan assistance if it is located
2260   within a: (i) watershed area of a nitrogen-impaired water body as identified in the latest United
2261   States Environmental Protection Agency approved final listing of the latest state Integrated List
2262   of Waters for the commonwealth; (ii) nitrogen sensitive area as defined in 310 CMR 15.002; or
2263   (iii) watershed area of a water body subject to the latest state established total maximum daily
2264   load for total nitrogen pollution that is approved by the United States Environmental Protection
2265   Agency.
2266  (b) A shared domestic septic system located within a watershed area described in
2267   subsection (a) may qualify for loan assistance pursuant to subsection (a) for the repair,
2268   replacement or upgrade, including installation, if the: (i) shared domestic septic system replaces
2269   or services not less than 2 existing domestic septic systems; and (ii) combined shared domestic
2270   septic system, including its components, has a discharge volume of less than 10,000 gallons per
2271   day and incorporates enhanced nitrogen removal technology.
2272  (c) To be eligible for loan assistance each affected owner of a structure used for human
2273   habitation benefiting directly from the shared domestic septic system shall enter into a loan
2274   agreement with the local or regional board of health in the city or town where such system is
2275   located for the repayment of the owner’s proportionate share of the costs and expenses incurred
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2276   by the local or regional board of health for the repair, replacement or upgrade of any part of the
2277   shared domestic septic system.
2278  (d) An owner of a domestic septic system who enters into any loan agreement shall be
2279   responsible for all expenses incurred by the local or regional board of health, directly or
2280   indirectly, or required by the local or regional board of health and incurred by the owner for such
2281   repairs, replacement or upgrade of a domestic septic system. A notice of any loan agreement
2282   shall be recorded as a betterment and shall be subject to the provisions of chapter 80 relative to
2283   the apportionment, division, reassessment and collection of assessment, abatement and
2284   collections of assessments and to interest; provided, however, that for purposes of this section,
2285   such lien shall take effect by operation of law on the day immediately following the due date of
2286   such assessment or apportioned part of such assessment and such assessment may bear interest at
2287   a rate determined by the city or town treasurer by a loan agreement with the owner at the time a
2288   loan agreement is entered into between the local or regional board of health and the property
2289   owner. In addition to remedies available under chapter 80, the property owner shall be personally
2290   liable for the repayment of the total costs incurred by the city or town under this section;
2291   provided, however, that upon assumption of such personal obligation to a purchaser or other
2292   transferee of all of the original owners interest in the property at the time of conveyance and the
2293   recording of such assumption, the owner shall be relieved of such personal liability.
2294  (e) Any costs incurred under this section may be funded by an appropriation or issuance
2295   of debt; provided, that any debt incurred shall be subject to chapter 44 and shall not exceed 20
2296   years.
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2297  (f) Any appropriation or borrowing by the city or town pursuant to this section shall not
2298   be included for the purpose of computation of the levy or borrowing limits otherwise imposed
2299   upon such city or town by the General Laws.
2300  (g) An agreement between an owner of domestic septic systems and a local or regional
2301   board of health shall not be considered a breach of limitation or prohibition contained in a note,
2302   mortgage or contract on the transfer of an interest in property.
2303  Section 4. (a) For the purposes of this section, the following words shall, unless the
2304   context clearly requires otherwise, have the following meanings:
2305  “Condominium”, shall have the same meaning as defined in section 1 of chapter 183A.
2306  “Organization of unit owners”, shall have the same meaning as defined in section 1 of
2307   chapter 183A.
2308  “Unit owner”, shall have the same meaning as defined in section 1 of chapter 183A.
2309  (b) Notwithstanding chapter 183A, a local or regional board of health may enter into a
2310   betterment agreement with the organization of unit owners of a condominium to finance the
2311   repair, replacement or upgrade of a domestic septic system serving a unit, 1 or more of which is
2312   used for human habitation; provided, that the domestic septic system shall comprise part of the
2313   common areas and facilities.
2314  (c) The betterment agreement shall: (i) be approved by a majority of the unit owners
2315   benefited by the repair, replacement or upgrade of the septic system or any combination of such
2316   septic system improvements; (ii) include an identification of the units and unit owners subject to
2317   the agreement and the percentages, as set forth in the master deed, of the undivided interests of
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2318   the respective units in the common area and facilities; and (iii) include a statement by an officer
2319   or trustee of the organization of unit owners certifying that the required number of unit owners
2320   have approved the agreement. As between the affected unit owners and the city or town, such
2321   certification shall be conclusive evidence of the authority of the organization of unit owners to
2322   enter into the agreement.
2323  (d) A notice of agreement shall be recorded as a betterment in the registry of deeds or
2324   registry district of the land court where the master deed is recorded and shall otherwise be
2325   subject to chapter 80 as provided for in this section.
2326  (e) The assessment under such agreement may be charged or assessed to the organization
2327   of unit owners but shall not constitute an assessment of common expenses. Instead, the allocable
2328   share of the assessment, prorated on the basis of the percentage interests of the benefited units in
2329   the common areas and facilities, shall attach as a lien only to the units identified in the recorded
2330   notice and benefited by the repair, replacement or upgrade of the domestic septic system or any
2331   combination of such domestic septic system improvements and the owners of such units shall be
2332   personally liable for their allocable share of the assessment as provided for in this section.
2333  Section 5. The department of environmental protection may promulgate regulations to
2334   carry out the purposes of this section.
2335  SECTION 14. Subsection (a) of section 2 of chapter 29E of the General Laws, inserted
2336   by section 13, is hereby amended by striking out the words “and (v) any other amounts required
2337   to be credited to the trust by operation of law, resolution or agreement entered into by the board”
2338   and inserting in place thereof the following words:- (v) any other amounts required to be credited
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2339   to the trust by operation of law, resolution or agreement entered into by the board; and (vi) any
2340   amounts transferred pursuant to paragraph (2) of subsection (d) of section 168 of chapter 175.
2341  SECTION 15. Section 62E of chapter 30 of the General Laws, as appearing in the 2024
2342   Official Edition, is hereby amended by adding the following paragraph:-
2343  For the purposes of this paragraph, “nature-based solutions projects” shall include, but
2344   shall not be limited to, projects whose primary purpose is to restore, enhance or create wetland
2345   resource areas while increasing resilience or improving ecological function using natural
2346   methods and materials and “priority housing projects” shall mean housing projects that are: (i)
2347   housing-centered; (ii) dense; (iii) on infill sites; (iv) energy efficient; (v) designed to be
2348   adequately served by utilities; (vi) designed to promote resilience to flooding and other climate
2349   hazards; and (vii) designed to encourage access by multiple modes of transportation. The
2350   secretary of energy and environmental affairs, in consultation with the secretary of housing and
2351   livable communities, may establish categories of projects that are not presumed likely to cause
2352   damage to the environment and that shall not require an environmental impact report regardless
2353   of location for: (i) priority housing projects consistent with commonwealth land use planning and
2354   housing strategies and plans, climate resilient design guidelines and environmental priorities; and
2355   (ii) nature-based solutions projects. The priority housing projects and nature-based solutions
2356   projects shall meet standards determined by the secretary of energy and environmental affairs, in
2357   consultation with the secretary of housing and livable communities. Notwithstanding the
2358   foregoing, the secretary of energy and environmental affairs may determine that a particular
2359   project shall require an environmental impact report based on a review of a notification form
2360   submitted pursuant to section 62A.
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2361  SECTION 16. Section 1 of chapter 61 of the General Laws, as so appearing, is hereby
2362   amended by striking out the definitions of “cut”, “forest land”, “forest products”, “certification”,
2363   “contiguous land”, “forest management plan” or “management plan” and “cutting plan” and
2364   inserting in place thereof the following 7 definitions:-
2365  “Certification”, approval of a forest management plan by the state forester.
2366  “Contiguous land”, land separated from other land under the same ownership by a public
2367   or private way, waterway or an easement for water supply.
2368  “Cut”, sever or taken from the soil.
2369  “Cutting plan”, a completed copy of a form approved by the state forester that describes
2370   the species, dimensions and quantity of a proposed forest crop to be harvested and which is
2371   certified by the state forester as being in accordance with sections 42 to 46, inclusive, of chapter
2372   132.
2373  “Forest land”, land devoted to the growth of forest products. Upon application, the state
2374   forester may allow accessory land devoted to other non-timber uses to be included in
2375   certification.
2376  “Forest management plan” or “management plan”, a completed copy of a form provided
2377   by the state forester executed by the owner and the state forester that provides for a 10-year
2378   program of forest management which may include, but shall not be limited to, intermediate and
2379   regeneration cuttings.
2380  “Forest products”, wood, timber, Christmas trees, other tree forest growth, carbon
2381   sequestration and storage and any other product produced by forest vegetation.
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2382  SECTION 17. Section 8 of said chapter 61, as so appearing, is hereby amended by
2383   striking out, in lines 94 and 111, the words “section 23B of chapter 39” and inserting in place
2384   thereof, in each instance, the following words:- sections 18 to 25, inclusive, of chapter 30A.
2385  SECTION 18. Said chapter 61 is hereby further amended by adding following section:-
2386  Section 9. (a) The department of conservation and recreation shall have a first refusal
2387   option to meet a bona fide offer to purchase land proposed for sale pursuant to section 8 or an
2388   option to purchase such land at full and fair market value in the case of conversion, which option
2389   shall be subordinate to that of a town or city pursuant to section 8. Except as provided herein, the
2390   department shall have all applicable rights and obligations of cities and towns under section 8,
2391   including, but not limited to, the: (i) right of entry upon the land; (ii) provision of non-exercise
2392   notices; and (iii) recording of notices of exercise at the appropriate registry of deeds. The
2393   department or its assignee and the town or city may cooperate to satisfy the appraisal
2394   requirements or other obligations required by section 8 or this section.
2395  (b) If the notice of intent to sell or convert provided to the state forester pursuant to
2396   section 8 does not contain all the required material, then the department, within 30 days of
2397   receipt of the notice, shall notify the landowner and town or city, in writing, that the notice is
2398   insufficient and does not comply.
2399  (c) A holder of a mortgage shall send written notice of a mortgage foreclosure sale to the
2400   commissioner of the department in the same manner as to other parties as required by section 8.
2401  (d) A city or town shall provide to the commissioner any notice of: (i) public hearing; (ii)
2402   exercise or non-exercise; and (iii) assignment in the same manner, and containing the same
2403   materials, as is required to be given to the landowner pursuant to section 8.
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2404  (e) The department may assign its option to the division of fisheries and wildlife of the
2405   department of fish and game; provided, that a notice of assignment shall be recorded pursuant to
2406   section 8.
2407  (f) The department or its assignee may exercise its option only after: (i) consultation with
2408   the executive office of housing and livable communities and the executive office of economic
2409   development; and (ii) holding a public hearing. Said public hearing shall be held pursuant to
2410   sections 18 to 25, inclusive, of chapter 30A within the town or city where the land is located or
2411   in 1 such town or city if the land crosses a municipal boundary and shall be held prior to
2412   submission of a written notice of intent to exercise an option under this section. The department
2413   or assignee, at said hearing, shall disclose the reasons for exercise of the option pursuant to this
2414   section and identify any assignment by the department. The department or its assignee may
2415   comply with the public hearing requirement by participating in a scheduled public meeting of a
2416   town or city.
2417  (g) The department or its assignee may exercise an option under this section by providing
2418   written notice of its intent to the town or city and landowner prior to the end of the same 120-day
2419   period available to the town or city for exercise of its option pursuant to section 8. An option so
2420   exercised shall be effective at such time as the town or city records a notice of non-exercise with
2421   the registry of deeds or at such time that the town’s or city’s option otherwise expires.
2422  (h) The department shall record its notice of assignment or notice of exercise within 30
2423   days of the earliest of: (i) receipt by the commissioner of a notice of non-exercise from the town
2424   or city; (ii) expiration of a town or city option by failure to record a notice of exercise or notice
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2425   of assignment; or (iii) receipt by the commissioner of notice from the landowner of expiration for
2426   any other reason.
2427  (i) Land acquired by the department or the division of fisheries and wildlife pursuant to
2428   this section shall be permanently dedicated for public purposes as specified in Article XCVII of
2429   the Amendments to the Constitution of the Commonwealth.
2430  SECTION 19. Section 14 of chapter 61A of the General Laws, as appearing in the 2024
2431   Official Edition, is hereby amended by striking out, in lines 95 and 112, the words “section 23B
2432   of chapter 39” and inserting in place thereof, in each instance, the following words:- sections 18
2433   to 25, inclusive, of chapter 30A.
2434  SECTION 20. Said chapter 61A is hereby further amended by inserting after section 14
2435   the following section:-
2436  Section 14A. (a) The department of agricultural resources shall have a first refusal option
2437   to meet a bona fide offer to purchase land proposed for sale pursuant to section 14 or an option to
2438   purchase such land at full and fair market value in the case of conversion, which option shall be
2439   subordinate to that of a town or city pursuant to section 14. Except as provided herein, the
2440   department shall have all applicable rights and obligations of cities and towns under section 14,
2441   including, but not limited to, the: (i) right of entry upon the land; (ii) provision of non-exercise
2442   notices; and (iii) recording of notices of exercise at the appropriate registry of deeds. The
2443   department or its assignee and the town or city may cooperate to satisfy the appraisal
2444   requirements or other obligations required by section 14 or this section.
2445  (b) Any notice of intent to sell or convert required by section 14 and all required
2446   accompanying materials shall be provided to the commissioner of agricultural resources in the
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2447   same manner as they are conveyed by the landowner to other parties. If the notice of intent to sell
2448   or convert provided to the commissioner does not contain all the required material, then the
2449   department, within 30 days of receipt of the notice, shall notify the landowner and town or city,
2450   in writing, that the notice is insufficient and does not comply.
2451  (c) A holder of a mortgage shall send written notice of a mortgage foreclosure sale to the
2452   commissioner of the department in the same manner as to other parties as required by section 14.
2453  (d) A city or town shall provide to the commissioner any notice of: (i) public hearing; (ii)
2454   exercise or non-exercise; and (iii) assignment in the same manner, and containing the same
2455   materials, as to the landowner pursuant to section 14.
2456  (e) The department may assign its option to the department of conservation and
2457   recreation; provided, that a notice of assignment shall be recorded pursuant to section 14.
2458  (f) The department or its assignee may exercise its option only after: (i) consultation with
2459   the executive office of housing and livable communities and the executive office of economic
2460   development; and (ii) holding a public hearing. Said public hearing shall be held pursuant to
2461   sections 18 to 25, inclusive, of chapter 30A within the town or city where the land is located or
2462   in 1 such town or city if the land crosses a municipal boundary and shall be held prior to
2463   submission of a written notice of intent to exercise an option under this section. The department
2464   or assignee, at said hearing, shall disclose the reasons for exercise of the option pursuant to this
2465   section and identify any assignment by the department. The department or its assignee may
2466   comply with the public hearing requirement by participating in a scheduled public meeting of a
2467   town or city.
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2468  (g) The department or its assignee may exercise an option under this section by providing
2469   written notice of its intent to the town or city and landowner prior to the end of the same 120-day
2470   period available to the town or city for exercise of its option pursuant to section 14. An option so
2471   exercised shall be effective at such time as the town or city records a notice of non-exercise with
2472   the registry of deeds or that the town’s or city’s option otherwise expires.
2473  (h) The department shall record its notice of assignment or notice of exercise within 30
2474   days of the earliest of: (i) receipt by the commissioner of a notice of non-exercise from the town
2475   or city; (ii) expiration of a town or city option by failure to record a notice of exercise or notice
2476   of assignment; or (iii) receipt by the commissioner of notice from the landowner of expiration for
2477   any other reason.
2478  (i) Land acquired by the department of agricultural resources or the department of
2479   conservation and recreation pursuant to this section shall be permanently dedicated for public
2480   purposes as specified in Article XCVII of the Amendments to the Constitution of the
2481   Commonwealth.
2482  SECTION 21. Section 9 of chapter 61B of the General Laws, as appearing in the 2024
2483   Official Edition, is hereby amended by striking out, in lines 95 and 112, the words “section 23B
2484   of chapter 39” and inserting in place thereof, in each instance, the following words:- sections 18
2485   to 25, inclusive, of chapter 30A.
2486  SECTION 22. Said chapter 61B is hereby further amended by inserting after section 9 the
2487   following section:-
2488  Section 9A. (a) The department of conservation and recreation shall have a first refusal
2489   option to meet a bona fide offer to purchase land proposed for sale pursuant to section 9 or an
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2490   option to purchase such land at full and fair market value in the case of conversion, which option
2491   shall be subordinate to that of a town or city pursuant to section 9. Except as provided herein, the
2492   department shall have all applicable rights and obligations of cities and towns under section 9,
2493   including, but not limited to, the: (i) right of entry upon the land; (ii) provision of non-exercise
2494   notices; and (iii) recording of notices of exercise at the appropriate registry of deeds. The
2495   department or its assignee and the town or city may cooperate to satisfy the appraisal
2496   requirements or other obligations required by section 9 or this section.
2497  (b) If the notice of intent to sell or convert provided to the state forester pursuant to
2498   section 9 does not contain all the required material, then the department, within 30 days of
2499   receipt of the notice, shall notify the landowner and town or city, in writing, that the notice is
2500   insufficient and does not comply.
2501  (c) A holder of a mortgage shall send written notice of a mortgage foreclosure sale to the
2502   commissioner of the department in the same manner as to other parties as required by section 9.
2503  (d) A city or town shall provide to the commissioner any notice of: (i) public hearing; (ii)
2504   exercise or non-exercise; and (iii) assignment in the same manner, and containing the same
2505   materials, as is required to be given to the landowner pursuant to section 9.
2506  (e) The department may assign its option to the division of fisheries and wildlife of the
2507   department of fish and game; provided, that a notice of assignment shall be recorded pursuant to
2508   section 9.
2509  (f) The department or its assignee may exercise its option only after: (i) consultation with
2510   the executive office of housing and livable communities and the executive office of economic
2511   development; and (ii) holding a public hearing. Said public hearing shall be held pursuant to
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2512   sections 18 to 25, inclusive, of chapter 30A within the town or city where the land is located or
2513   in 1 such town or city if the land crosses a municipal boundary and shall be held prior to
2514   submission of a written notice of intent to exercise an option under this section. The department
2515   or assignee, at said hearing, shall disclose the reasons for exercise of the option pursuant to this
2516   section and identify any assignment by the department. The department or its assignee may
2517   comply with the public hearing requirement by participating in a scheduled public meeting of a
2518   town or city.
2519  (g) The department or its assignee may exercise an option under this section by providing
2520   written notice of its intent to the town or city and landowner prior to the end of the same 120-day
2521   period available to the town or city for exercise of its option pursuant to section 9. An option so
2522   exercised shall be effective at such time as the town or city records a notice of non-exercise with
2523   the registry of deeds or at such time that the town’s or city’s option otherwise expires.
2524  (h) The department shall record its notice of assignment or notice of exercise within 30
2525   days of the earliest of: (i) receipt by the commissioner of a notice of non-exercise from the town
2526   or city; (ii) expiration of a town or city option by failure to record a notice of exercise or notice
2527   of assignment; or (iii) receipt by the commissioner of notice from the landowner of expiration for
2528   any other reason.
2529  (i) Land acquired by the department of conservation and recreation or the department of
2530   fish and game pursuant to this section shall be permanently dedicated for public purposes as
2531   specified in Article XCVII of the Amendments to the Constitution of the Commonwealth.
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2532  SECTION 22A. Section 1 of chapter 64H of the General Laws, as appearing in the 2024
2533   Official Edition, is hereby amended by inserting after the definition of “Retail establishment” the
2534   following definition:-
2535  “Rolling stock”, trucks, tractors and trailers, used by common carriers to transport goods
2536   in interstate commerce.
2537  SECTION 22B. Section 6 of said chapter 64H, as so appearing, is hereby amended by
2538   adding the following subsection:-
2539  (aaa) Sales of rolling stock.
2540  SECTION 22C. Section 1 of chapter 64I of the General Laws, as so appearing, is hereby
2541   amended by inserting after the words “‘retail establishment’”, in line 7, the following words:- ,
2542   “rolling stock”.
2543  SECTION 22D. Section 7 of said chapter 64I, as so appearing, is hereby amended by
2544   adding the following subsection:-
2545  (f) Storage, use or other consumption of rolling stock.
2546  SECTION 22E. Section 9 of chapter 90 of the General Laws, as so appearing, is hereby
2547   amended by striking out the third sentence and inserting in place thereof the following sentence:-
2548   A tractor, trailer, truck or all-terrain vehicle may be operated without such registration upon any
2549   way for a distance not exceeding one-half mile, if said tractor, trailer, truck or all-terrain vehicle
2550   is used exclusively for agricultural purposes consistent with section 1A of chapter 128, or
2551   between one-half mile and 10 miles if said tractor, trailer, truck or all-terrain vehicle is used
2552   exclusively for such agricultural purposes and the owner thereof maintains in full force a policy
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2553   of liability insurance which conforms to section 113A of chapter 175, or for a distance not
2554   exceeding 300 yards, if such tractor, trailer, truck or all-terrain vehicle is used for industrial
2555   purposes other than agricultural purposes, for the purpose of going from property owned or
2556   occupied by the owner of such tractor, trailer, truck or all-terrain vehicle to other property so
2557   owned or occupied.
2558  SECTION 22F. Said section 9 of said chapter 90, as so appearing, is hereby further
2559   amended by adding the following 3 paragraphs:-
2560  For the purposes of this section, an all-terrain vehicle shall include those vehicles known
2561   as a quad, quad bike, 3-wheeler, 4-wheeler or quadricycle as defined by the American National
2562   Standards Institute. Persons utilizing all-terrain vehicles pursuant to this section shall annually
2563   notify the police department in the municipalities in which they are to operate of the public way
2564   and sections of public way on which they operate in the course of agricultural purposes. Failure
2565   to provide such notification may result in penalties pursuant to section 20.
2566  All-terrain vehicles operating pursuant to this section shall be equipped with a safety flag
2567   of not less than 36 square inches in area which shall be elevated to no less than 6 feet from the
2568   ground and shall be equipped with a flashing red light mounted to the rear of the vehicle. If
2569   designed to travel at 25 miles per hour or less, the all-terrain vehicle shall display a “slow
2570   moving vehicle” emblem pursuant to section 7.
2571  Vehicles traveling on a public way subject to this section shall be operated by a licensed
2572   driver. No all-terrain vehicle shall operate on a public way between sunset and sunrise. No all-
2573   terrain vehicle shall be operated on a public way for recreational or other purposes except as
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2574   authorized in this section and section 25 of chapter 90B, regarding crossing road at designated
2575   points.
2576  SECTION 23. Section 2 of chapter 91 of the General Laws, as appearing in the 2024
2577   Official Edition, is hereby amended by striking out, in line 22, the words “and council” and
2578   inserting in place thereof the following words:- or a designee.
2579  SECTION 24. Section 2A of said chapter 91, as so appearing, is hereby amended by
2580   striking out, in lines 11, 15 and 20, the words “and council” and inserting in place thereof, in
2581   each instance, the following words:- or a designee.
2582  SECTION 25. Section 4 of said chapter 91, as so appearing, is hereby amended by
2583   striking out, in line 4, the words “and council” and inserting in place thereof the following
2584   words:- or a designee.
2585  SECTION 26. Section 5 of said chapter 91, as so appearing, is hereby amended by
2586   striking out, in line 1, the words “and council” and inserting in place thereof the following
2587   words:- or a designee.
2588  SECTION 27. Section 6 of said chapter 91, as so appearing, is hereby amended by
2589   striking out, in lines 9 and 10, the words “and council” and inserting in place thereof the
2590   following words:- or a designee.
2591  SECTION 28. Section 9A of said chapter 91, as so appearing, is hereby amended by
2592   striking out, in lines 17 and 18, the words “and council” and inserting in place thereof the
2593   following words:- or a designee.
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2594  SECTION 29. Section 13 of said chapter 91, as so appearing, is hereby amended by
2595   striking out, in lines 11 and 12, the words “and council” and inserting in place thereof the
2596   following words:- or a designee.
2597  SECTION 30. Section 14 of said chapter 91, as so appearing, is hereby amended by
2598   striking out, in lines 6 and 7, the words “and council” and inserting in place thereof the following
2599   words:- or a designee.
2600  SECTION 31. Section 18 of said chapter 91, as so appearing, is hereby amended by
2601   striking out, in lines 55 and 56, the words “newspaper or newspapers having a circulation in the
2602   area affected by said license at the expense of the applicant” and inserting in place thereof the
2603   following words:- manner specified by the department in regulations for the area affected by said
2604   license at the expense of the applicant. Until the regulations become effective, the notice shall be
2605   published at the same time as the preceding notices in a newspaper or newspapers having
2606   circulation in the area affected by the license at the expense of the applicant.
2607  SECTION 32. Said section 18 of said chapter 91, as so appearing, is hereby further
2608   amended by striking out the tenth paragraph and inserting in place thereof the following
2609   paragraph:-
2610  No license shall be granted for private tidelands unless, upon or prior to applying for a
2611   license pursuant to this section, the applicant shall submit to the clerk of the affected cities or
2612   towns where the work is to be performed an application containing the proposed use, the
2613   location, the dimensions and limits and the mode of work to be performed.
2614  SECTION 33. Said chapter 91 is hereby further amended by inserting after section 18C
2615   the following 2 sections:-
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2616  Section 18D. (a) For the purposes of this section, “nature-based solutions projects” shall
2617   include, but shall not be limited to, projects whose primary purpose is to restore, enhance or
2618   create wetland resource areas while increasing resilience or improving ecological function using
2619   natural methods and materials.
2620  (b) Notwithstanding any general or special law to the contrary, the department may issue
2621   a general license and general permit authorizing dredging, fill and structures associated with
2622   certain activities and projects, as specified by the department, in tidelands, great ponds, rivers
2623   and streams that are otherwise subject to individual licensing under sections 12, 12A, 13, 14, 18
2624   and 19, including, but not limited to: (i) marsh restoration and other ecosystem creation or
2625   restoration activities, such as vegetative plantings and streambed alteration that could include
2626   wads, and pedestrian bridge crossings; (ii) nature-based solutions projects; (iii) culvert
2627   replacements, including, but not limited to, those associated with bridges; (iv) great pond
2628   drawdowns; (v) dredging and placement of benthic barriers for invasive vegetation removal and
2629   harvesting; (vi) aquaculture not eligible for a permit or license under section 10A; (vii) dredging
2630   associated with activities not subject to licensing or permitting; (viii) temporary navigational and
2631   access impacts that last less than 1 year and are associated with activities not subject to licensing
2632   or permitting; (ix) pipelines, cables, conduits, sewers and similar structures installed under
2633   flowed tidelands or great ponds that are entirely embedded in the soil and that are installed by
2634   horizontal directional drilling or micro tunneling methods; (x) placement of cultch; and (xi) any
2635   other activities and projects that the department determines through regulations to be subject to a
2636   general license or permit.
2637  (c) Projects beyond any established harbor line shall not be eligible for coverage under a
2638   general license or permit pursuant to this section unless the project is specifically authorized by
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2639   law, or, if not so authorized, is limited to dredging activities or a structure or fill that is entirely
2640   embedded in the soil and does not in any part occupy or project into such tidewater beyond the
2641   harbor line; provided, however, that the department may at any time require any structure or fill
2642   to be removed or relocated if channel changes or alteration demands the same, as required by
2643   section 14; and provided further, that this subsection shall not affect the eligibility of projects in
2644   areas without established harbor lines.
2645  (d) The department may consider the cumulative impacts of activities in a geographic
2646   area in determining whether a particular project is appropriate for coverage under a general
2647   license or permit.
2648  (e) A licensee or permittee pursuant to this section shall comply with all general license
2649   or permit standards issued as regulations by the department and any specific conditions
2650   prescribed by the department pursuant to the general license or permit.
2651  (f) A proponent of a project eligible for coverage under a general license or permit
2652   pursuant to this section shall certify compliance with its terms and conditions to the department
2653   and shall pay all applicable fees required by this chapter before beginning construction. The
2654   department may perform annual audits to monitor compliance with the general license or permit
2655   requirements of this section.
2656  (g)(1) Upon or prior to applying for coverage under a general license or permit pursuant
2657   to this section, the project proponent shall: (i) submit to the planning board of a city or town
2658   where the work is to be performed and to the clerk of said city or town a statement of the
2659   proposed use, the location, the dimensions and limits and the mode of work to be performed; (ii)
2660   provide notice to the select board of the town or the mayor of the city and the conservation
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2661   commission of the town or city where the work is to be performed; and (iii) provide public notice
2662   in a manner specified by the department by regulation.
2663  (2) The project proponent shall specify by metes, bounds and otherwise the location,
2664   dimensions and limits and mode of performing the work and shall submit a plan of the work or
2665   structure in its application to the department for coverage under the general license or permit.
2666  (3) A department certification for the general license for a project shall be void unless,
2667   within 60 days after certification, the department certification and the accompanying plan
2668   pursuant to paragraph (2) are recorded in the registry of deeds for the county or district in which
2669   the work is to be performed. Work or change in use shall not commence until the department
2670   general license certification is recorded and the department has received notification of said
2671   recordation. Such recording requirement shall not apply to a certification to the general permit.
2672  (4) Assessments for tidewater displacement and occupation of commonwealth tidelands
2673   shall be paid by the project proponent in its application for coverage to the department.
2674  (h) Any change in use or structural alteration of a licensed or permitted structure or fill
2675   shall require a new application to the department and, for projects seeking new coverage under a
2676   general license or general permit, compliance with the requirements of subsection (g). Any
2677   unauthorized substantial change in use or unauthorized substantial structural alteration shall
2678   render coverage under the general license or permit void. Coverage under the general license or
2679   permit granted by the department pursuant to this chapter shall be revocable by the department
2680   for noncompliance with the conditions set forth therein. The department shall not revoke
2681   coverage under any general license or permit until it has given written notice of the alleged
2682   noncompliance to the licensee or permittee and any person who has filed a written request for
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2683   such notice with the department and afforded such person a reasonable opportunity to correct
2684   said noncompliance.
2685  (i) Sections 18 and 20 shall not apply to projects subject to a general license or permit;
2686   provided, however, that the project proponent shall submit to the department plans of any
2687   proposed work to be performed and a copy of any legislative grant in its application for coverage
2688   to the department.
2689  (j)(1) The department shall adopt regulations to implement this section. Such regulations
2690   shall prescribe which activities are eligible for the general license or general permit and those
2691   projects that may allow for fill or structures to acclimatize to natural conditions; provided, that
2692   such projects shall not significantly interfere with any rights held by the commonwealth in trust
2693   for the public to use tidelands, great ponds and other waterways for lawful purposes and public
2694   rights of access on private tidelands, great ponds and other waterways for any lawful use.
2695  (2) The department shall submit any regulations promulgated under this section to the
2696   joint committee on environment and natural resources for its review within 60 days prior to the
2697   effective date of said regulations.
2698  Section 18E. (a) For the purposes of this section, “priority housing projects” shall mean
2699   housing projects that are: (i) housing-centered; (ii) dense; (iii) on infill sites; (iv) energy efficient;
2700   (v) designed to be adequately served by utilities; (vi) designed to promote resilience to flooding
2701   and other climate hazards; and (vii) designed to encourage access by multiple modes of
2702   transportation.
2703  (b) Notwithstanding any general or special law to the contrary, the department may issue
2704   a general license authorizing priority housing projects consistent with commonwealth land use
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2705   planning and housing strategies and plans, climate resilient design guidelines and environmental
2706   priorities in tidelands otherwise subject to individual licensing pursuant to sections 12, 12A, 13,
2707   14, 18 and 19.
2708  (c) Projects beyond any established harbor line shall not be eligible for coverage under a
2709   general license pursuant to this section unless the project is specifically authorized by law, or, if
2710   not so authorized, is limited to dredging activities or a structure or fill that is entirely embedded
2711   in the soil and does not in any part occupy or project into such tidewater beyond the harbor line;
2712   provided, however, that the department may at any time require any structure or fill to be
2713   removed or relocated if channel changes or alteration demands the same, as required by section
2714   14; and provided further, that this subsection shall not affect the eligibility of projects in areas
2715   without established harbor lines.
2716  (d) The department may consider the cumulative impacts of activities in a geographic
2717   area in determining whether a particular project is appropriate for coverage under a general
2718   license.
2719  (e) A licensee pursuant to this section shall comply with all general license standards
2720   issued as regulations by the department and any specific conditions prescribed by the department
2721   pursuant to the general license.
2722  (f) A proponent of a project eligible for coverage under a general license pursuant to this
2723   section shall certify compliance with its terms and conditions to the department and shall pay all
2724   applicable fees required by this chapter before beginning construction. The department may
2725   perform annual audits to monitor compliance with the general license requirements of this
2726   section.
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2727  (g)(1) Upon or prior to applying for coverage under a general license pursuant to this
2728   section, the project proponent shall: (i) submit to the planning board of a city or town where the
2729   work is to be performed and to the clerk of said city or town a statement of the proposed use, the
2730   location, the dimensions and limits and the mode of work to be performed; (ii) provide notice to
2731   the select board of the town or the mayor of the city and the conservation commission of the
2732   town or city where the work is to be performed; and (iii) provide public notice in a manner
2733   specified by the department by regulation.
2734  (2) The project proponent shall specify by metes, bounds and otherwise the location,
2735   dimensions and limits and mode of performing the work and shall submit a plan of the work or
2736   structure in its application to the department for coverage under the general license.
2737  (3) A department certification for the general license for a project shall be void unless,
2738   within 60 days after certification, the department certification and the accompanying plan
2739   pursuant to paragraph (2) are recorded in the registry of deeds for the county or district where the
2740   work is to be performed. Work or change in use shall not commence until the department general
2741   license certification is recorded and the department has received notification of said recordation.
2742  (4) Assessments for tidewater displacement and occupation of commonwealth tidelands
2743   shall be paid by the project proponent in its application for coverage to the department.
2744  (h) Any change in use or structural alteration of a licensed structure or fill shall require a
2745   new application to the department and, for projects seeking new coverage under a general
2746   license, compliance with the requirements of subsection (g). Any unauthorized substantial
2747   change in use or unauthorized substantial structural alteration shall render coverage under the
2748   general license void. Coverage under the general license granted by the department pursuant to
  125 of 188
2749   this chapter shall be revocable by the department for noncompliance with the conditions set forth
2750   therein. The department shall not revoke coverage under any general license until it has given
2751   written notice of the alleged noncompliance to the licensee and any person who has filed a
2752   written request for such notice with the department and afforded such persons a reasonable
2753   opportunity to correct said noncompliance.
2754  (i) Sections 18 and 20 shall not apply to projects subject to a general license; provided,
2755   however, that the project proponent shall submit to the department plans of any proposed work to
2756   be performed and a copy of any legislative grant in its application for coverage to the
2757   department.
2758  (j)(1) The department shall adopt regulations to implement this section. Such regulations
2759   shall prescribe which activities are eligible for the general license and those projects that may
2760   allow for fill or structures to acclimatize to natural conditions; provided, however, that such
2761   projects shall not significantly interfere with any rights held by the commonwealth in trust for
2762   the public to use tidelands, great ponds and other waterways for lawful purposes and public
2763   rights of access on private tidelands, great ponds and other waterways for any lawful use.
2764  (2) The department shall submit any regulations promulgated under this section to the
2765   joint committee on environment and natural resources for its review within 60 days prior to the
2766   effective date of said regulations.
2767  SECTION 34. Section 31 of said chapter 91, as appearing in the 2024 Official Edition, is
2768   hereby amended by striking out, in line 9, the words “and council” and inserting in place thereof
2769   the following words:- or a designee.
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2770  SECTION 35. Section 35 of said chapter 91, as so appearing, is hereby amended by
2771   adding the following paragraph:-
2772  Except as otherwise provided in this chapter, the commonwealth shall retain title to any
2773   waters or land below the low water line of a great pond in perpetuity. Persons passing by foot
2774   over areas between high water and low water lines of a great pond shall not be in violation of
2775   section 120 of chapter 266 nor subject to arrest for trespass; provided, that said persons shall
2776   remain within an area that a reasonable person would believe to be below the high water line,
2777   which shall include areas of wet sand and areas below the seaweed line. In areas where natural
2778   processes, with or without human intervention, have caused the landward or lateral movement of
2779   a barrier beach into an area below the historic low water line of any great pond, the portion of the
2780   barrier beach relocated into the former bottom of the great pond shall be and remain in
2781   commonwealth ownership in perpetuity; provided, that this paragraph shall not convert
2782   ownership of any portion of private property to public ownership in violation of Article X of the
2783   Declaration of Rights of the Constitution of the Commonwealth or the Fourteenth Amendment of
2784   the United States Constitution. As used in this paragraph, the term “barrier beach” shall mean a
2785   narrow low-lying strip of land generally consisting of coastal beaches and coastal dunes
2786   extending roughly parallel to the trend of the coast that is separated from the mainland by a
2787   narrow body of fresh, brackish or saline water or a marsh system. A barrier beach may be joined
2788   to the mainland at 1 or both ends.
2789  SECTION 36. Said chapter 91 is hereby further amended by adding the following
2790   section:-
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2791  Section 65. (a)(1) The secretary, in consultation with the commissioner of environmental
2792   protection and the commissioner of fish and game, shall establish standards and guidelines for
2793   the resilient design of culverts, including, but not limited to, culverts associated with bridges and
2794   culverts that are crossed by freshwater, saltwater or brackish water. The purpose of the standards
2795   and guidelines shall be to expedite the permitting of new municipal or replacement of existing
2796   municipal culverts. The standards and guidelines shall consider projected future levels of and
2797   impacts from precipitation, stormwater or flood events and impacts to fisheries and wildlife and
2798   their habitats and shall integrate the Massachusetts stream crossing standards and any other
2799   relevant standards, including then-current tidal crossing standards or resilience design standards.
2800   The standards and guidelines shall be based on scientific information, including, but not limited
2801   to, projected precipitation, hydrology and fisheries and wildlife and their habitats.
2802  (2) The secretary, in consultation with the commissioner of environmental protection and
2803   the commissioner of fish and game, shall review the standards and guidelines not later than 5
2804   years after they have been in effect.
2805  (3) Nothing in this section shall be construed to limit the authority of the department of
2806   environmental protection to establish standards and guidelines for stream crossings; provided,
2807   that such standards shall not conflict with the standards established by the secretary pursuant to
2808   this section.
2809  (b) No project shall be eligible for a general permit, general license or inclusion in a
2810   special category pursuant to subsections (d) to (f), inclusive, unless the project meets each of the
2811   following criteria:
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2812  (i) the project involves a municipal project to repair, reconstruct or replace an existing
2813   municipal culvert or culverts, including culverts associated with bridges with spans of less than
2814   20 feet;
2815  (ii) the project complies with the standards and guidelines issued pursuant to subsection
2816   (a) to the extent practicable;
2817  (iii) except as needed to comply with clause (ii), the project provides substantially the
2818   same principal transportation capacity and is in a similar alignment to the structure to be
2819   repaired, reconstructed or replaced, including as to the immediate approaches necessary to
2820   connect a structure to an existing adjacent road, and the project does not include components of a
2821   reconstruction project other than the crossing and immediate approaches that are otherwise
2822   subject to permitting or licensing; provided, that the addition of sidewalks, bike lanes or
2823   shoulders that are collectively less than a single lane in width shall not be deemed to
2824   substantially change the principal transportation capacity of an existing structure;
2825  (iv) if a project is located or will take place in priority habitat designated by the natural
2826   heritage and endangered species program of the division of fisheries and wildlife, the proponent
2827   has provided to that program for review all materials required by the program and the program
2828   has completed its review and has determined that the proponent has demonstrated that the project
2829   will not result in take with or without conditions; and
2830  (v) the project complies with any other conditions established by regulations issued
2831   pursuant to this section.
2832  (c) The secretary of energy and environmental affairs and the commissioner of
2833   environmental protection shall issue any regulations or take other actions necessary or
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2834   appropriate to implement the use of the standards and guidelines established under subsection (a)
2835   to expedite implementation of projects meeting the criteria described in subsection (b) which
2836   require a certificate, permit, license or other approval pursuant to: (i) section 61 and sections 62A
2837   to 62L, inclusive, of chapter 30; (ii) chapter 91; (iii) section 40 of chapter 131; and (iv) section
2838   401 of the federal Water Pollution Control Act, Public Law 92-500, 33 U.S.C. section 1251 et
2839   seq., as amended. Any regulations shall require that for projects meeting the criteria described in
2840   subsection (b), the department of environmental protection shall issue, deny or waive individual
2841   certifications pursuant to said section 401 of the federal Water Pollution Control Act not later
2842   than 60 days of receipt of a complete application.
2843  (d)(1) The department of environmental protection, for projects meeting the criteria
2844   described in subsection (b) and for the purposes of ensuring more expeditious processing of
2845   approvals for such projects, shall issue regulations that create a general permit for the
2846   authorization of such projects, or a subset thereof, under section 40 of chapter 131.
2847  (2) The permittee shall comply with all general permit performance standards established
2848   by such regulations and any additional conditions specified by the approving authority that are
2849   necessary to protect the resource areas because of unique circumstances that are not addressed by
2850   the general permit performance standards. Local wetlands bylaws and ordinances shall not apply
2851   to the projects authorized under the general permit.
2852  (3) The procedures described in said section 40 of said chapter 131 shall apply to general
2853   permits issued pursuant to this subsection; provided, however, that:
2854  (A) Written notice of intention under the general permit shall be submitted to the
2855   conservation commission or its authorized representative and the department of environmental
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2856   protection by electronic delivery in a manner prescribed by the department. A person submitting
2857   a notice of intention shall publish notification of the proposed project in a print newspaper of
2858   local or general circulation, or a newspaper’s website, including on-line only newspaper
2859   publications, or a statewide or city- or town-wide website that may be maintained as a repository
2860   for such notices at the time of submittal of the notice of intention. Said notification shall describe
2861   the project location, details of the project, resource area impacts and any other relevant
2862   information needed to adequately describe the proposed project and shall specify that comments
2863   be sent within 14 days of publication to the conservation commission and the appropriate
2864   regional office of the department of environmental protection based on the location where the
2865   activities are proposed. No public hearing shall be required.
2866  (B) If, after reviewing the notice of intention, the conservation commission determines
2867   the project meets the criteria described in subsection (b), including any standards developed by
2868   the department of environmental protection, then the conservation commission shall issue an
2869   order of conditions containing any conditions pursuant to regulations established under
2870   paragraph (1) of subsection (d) not later than 42 days of a complete notice of intention under this
2871   general permit. Notices of intention not meeting the criteria of this paragraph shall be denied.
2872  (4) If a conservation commission fails to issue an order of conditions or denial within the
2873   required time period, the project proponent may, not later than 10 days after such failure to act,
2874   request a superseding order of conditions from the department of environmental protection. The
2875   department of environmental protection shall make a decision and issue a written order or denial
2876   not later than 42 days from receipt of a complete application.
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2877  (5) The twentieth paragraph of section 40 of chapter 131 shall not apply to the general
2878   permit except that not later than 10 days of receipt by the department of environmental
2879   protection of an order of conditions issued pursuant to this general permit, the department may
2880   appeal such order of conditions pursuant to said twentieth paragraph of said section 40 of said
2881   chapter 131.
2882  (e) Notwithstanding any general or special law to the contrary, the department of
2883   environmental protection, for projects meeting the criteria described in subsection (b) and for the
2884   purposes of ensuring more expeditious processing of approvals for such projects, shall issue
2885   regulations to create a general license for the authorization of such projects, or a subset thereof,
2886   which are otherwise subject to individual licensing under sections 12, 12A, 13, 14, 18 and 19.
2887   Licensees shall comply with any general license performance standards established by such
2888   regulations and any additional conditions specified by the department. A proponent of a project
2889   eligible for a general license under this section shall certify compliance with its terms and
2890   conditions to the department on such timelines as the department requires and shall pay all
2891   applicable fees required by the department. The department shall review such certification and, if
2892   consistent with the general license, confirm compliance in writing not later than 60 days of
2893   receipt of a complete application. No construction subject to said chapter 91 shall commence
2894   prior to issuance of such certification by the department. The regulations shall protect and
2895   preserve any rights held by the commonwealth in trust for the public to use tidelands, great
2896   ponds and other waterways for lawful purposes and public rights of access on private tidelands,
2897   great ponds and other waterways for any lawful use. Subsections (g) to (i), inclusive, of section
2898   18D shall apply to general licenses issued pursuant to this paragraph.
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2899  (f) Notwithstanding any general or special law to the contrary, the secretary may by
2900   regulation provide that projects meeting the criteria described in subsection (b), or a subset of
2901   such projects, shall be a special category of project which shall not require an environmental
2902   impact report under section 62B of chapter 30 regardless of location.
2903  (g) The department of environmental protection shall consolidate adjudicatory
2904   proceedings regarding the same proposed project that are requested for permits and licenses
2905   pursuant to subsections (d) to (f), inclusive, or certifications pursuant to subsection (c) unless
2906   consolidation would not contribute to expeditious resolution of the appeals.
2907  (h) The department and executive office shall provide support and guidance to cities and
2908   towns to assist them in applying concurrently for and otherwise streamlining the review and
2909   approval of projects eligible for general permits, general licenses or other approvals pursuant to
2910   this section.
2911  (i) Nothing in this section shall be construed to change the application of section 24 of
2912   chapter 79 of the acts of 2014.
2913  SECTION 37. Section 65 of said chapter 91 is hereby repealed.
2914  SECTION 38. Section 33 of chapter 92 of the General Laws, as appearing in the 2024
2915   Official Edition, is hereby amended by striking out the fourth paragraph.
2916  SECTION 39. Subsections (c) and (d) of section 34B of said chapter 92 are hereby
2917   repealed.
2918  SECTION 40. Sections 37 and 38 of said chapter 92 are hereby repealed.
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2919  SECTION 41. Section 42 of said chapter 92, as appearing in the 2024 Official Edition, is
2920   hereby amended by striking out the first sentence and inserting in place thereof the following
2921   sentence:- The commission may grant to towns, or to a water or sewer authority or district,
2922   locations for common sewers and drains or water supply infrastructure in and across roadways
2923   and any associated rights of way under its care and control.
2924  SECTION 42. Said section 42 of said chapter 92, as so appearing, is hereby further
2925   amended by inserting after the word “sewer”, in line 3, the following words:- or water supply
2926   infrastructure of a town.
2927  SECTION 43. The seventeenth paragraph of section 150A of chapter 111 of the General
2928   Laws, as so appearing, is hereby amended by inserting after the first sentence the following 3
2929   sentences:- Personnel or authorized agents of the department may, at all reasonable times, enter
2930   any premises, public or private, for the purpose of investigating, sampling or inspecting any
2931   records, condition, equipment, practice or property relating to activities subject to this section,
2932   and may, at any time, enter such premises for the purpose of protecting the public health or
2933   safety or to prevent damage to the environment. For the purposes of any entry described in the
2934   preceding sentence, no warrant shall be required; provided, however, that upon demand by the
2935   owner or person in control of such premises, a warrant authorizing such entry and inspection
2936   shall be sought after such demand. Any court, judge or justice authorized to issue warrants in
2937   criminal cases may issue such warrants.
2938  SECTION 44. Section 2B of chapter 128 of the General Laws, as so appearing, is hereby
2939   amended by striking out the last sentence and inserting in place thereof the following 2
2940   sentences:- Whoever violates this section or section 2A, or any rule or regulation made
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2941   thereunder, shall be punished by: (i) a fine of not more than $10,000 or imprisonment for not
2942   more than 2 ½ years, or both; or (ii) a civil administrative penalty issued by the department not to
2943   exceed $500 per offense; provided, that the total administrative penalties assessed in any given
2944   action under this section shall not exceed $10,000. Each violation shall constitute a separate
2945   offense, and each day a violation continues shall constitute a separate offense.
2946  SECTION 45. Section 2C of said chapter 128, as so appearing, is hereby amended by
2947   inserting after the word “owner”, in line 12, the following words:- , trainer or driver.
2948  SECTION 46. Said section 2C of said chapter 128, as so appearing, is hereby further
2949   amended by inserting after the word “by”, in line 13, the following words:- , trained by, driven
2950   by.
2951  SECTION 47. Said section 2C of said chapter 128, as so appearing, is hereby further
2952   amended by inserting after the third paragraph the following 3 paragraphs:-
2953  Any owner, trainer or driver of any animal that tests positive for the presence of drugs, as
2954   defined in regulations promulgated by the department, in any other state shall be prohibited from
2955   entering any animal in a drawing contest in the commonwealth for 2 years from the date of any
2956   such drug test; provided, however, that the commissioner may authorize a lesser prohibition of
2957   not less than 1 year for good cause.
2958  Notification from any other state of a positive drug test shall be prima facie evidence that
2959   a drug has been administered and shall result in automatic prohibition from entry in a drawing
2960   contest in the commonwealth without further testing or investigation required by the department.
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2961  Any animal participating in a contest conducted under paragraph (f) of section 2 shall
2962   have a radio frequency identification or microchip implant for identification purposes. The pull
2963   superintendent or the assistant pull superintendent at such contest shall verify the animal’s
2964   identification at the time of weigh-in and at the time of entry for the purposes of ensuring the
2965   animal has not tested positive for the presence of drugs in violation of this section.
2966  SECTION 47A. Said chapter 128 is hereby further amended by inserting after section 2E
2967   the following section:-
2968  Section 2F. All rodeos held in the commonwealth shall comply with all official rodeo
2969   rules as appearing in the most recently published edition of the Professional Rodeo Cowboy
2970   Association Rule Book. For the purposes of this section, the word “rodeo” shall mean a
2971   competition or exhibition in which individuals compete by or showcase skills associated with
2972   traditional cowboy activities, including, but not limited to, bull riding, bronc riding, bareback
2973   bronc riding, steer wrestling, calf roping and team roping and shall include the use of animals,
2974   including, but not limited to, bulls, steers, calves, broncs and horses.
2975  SECTION 48. Sections 13A and 13B of said chapter 128 are hereby repealed.
2976  SECTION 49. Said chapter 128 is hereby amended by striking out sections 51 to 63,
2977   inclusive, as appearing in the 2024 Official Edition, and inserting in place thereof the following
2978   11 sections:-
2979  Section 51. As used in sections 51 to 61, inclusive, the following words shall, unless the
2980   context clearly requires otherwise, have the following meanings:
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2981  “Commercial feed”, all materials or combination of materials which are distributed or
2982   intended for distribution for use as feed or for mixing in feed, unless such materials are
2983   specifically exempted by the department in regulations.
2984  “Customer-formula feed”, commercial feed which consists of a mixture of commercial
2985   feeds or feed ingredients, each batch of which is manufactured according to the specific
2986   instructions of the final purchaser.
2987  “Distribute”, to offer for sale, sell, exchange, barter, supply, furnish or otherwise provide
2988   commercial feed.
2989  “Drug”, any article intended for use in the diagnosis, cure, mitigation, treatment or
2990   prevention of disease in animals other than humans, and articles other than commercial feed
2991   intended to affect the structure or any function of the animal body.
2992  “Feed”, any substance that is intended for use as food for animals other than humans;
2993   provided, that “feed” shall include commercial feed and feed ingredients.
2994  “Forage”, dry hay, grass, legumes, haylage, baleage, corn and silage.
2995  “Label”, a display of written, printed or graphic matter upon or affixed to the container in
2996   which a commercial feed is distributed, or on the invoice or delivery slip with which a
2997   commercial feed is distributed.
2998  “Manufacture”, to grind, mix or blend, or further process a commercial feed for
2999   distribution.
3000  “Official sample”, a sample of commercial feed taken by the department pursuant to
3001   section 59.
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3002  “Person”, an individual, partnership, corporation, limited liability company, cooperative,
3003   business trust, business association or entity.
3004  Section 52. (a) No person shall manufacture or distribute commercial feed in the
3005   commonwealth without first obtaining a registration for such feed from the department.
3006  (b) An application for registration of commercial feed shall include:
3007  (i) the name and address of the applicant;
3008  (ii) the name and address of the premises of the applicant’s commercial feed operation;
3009  (iii) a label required pursuant to section 53 or other printed matter including, but not
3010   limited to, handling instructions, precautions and other relevant information, describing the
3011   commercial feed;
3012  (iv) a written consent allowing the department to conduct both scheduled and random
3013   inspections, including, but not limited to: (A) for-cause inspections in response to complaints
3014   made to the department; and (B) inspections of and around the premises on which the
3015   commercial feed is being manufactured or distributed;
3016  (v) a nonrefundable application fee in an amount that shall be established by the
3017   department by regulation; and
3018  (vi) any other information as the department may require by regulation.
3019  (c) Upon approval by the department, a copy of the registration shall be furnished to the
3020   applicant and the applicant shall be required to submit a registration fee in an amount to be
3021   determined by the department by regulation. All registrations shall expire on December 31 of
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3022   each year. Failure to submit all required application materials and information required pursuant
3023   to subsection (b) shall result in non-issuance of the registration until such time as all application
3024   requirements have been met to the department’s satisfaction.
3025  (d) Persons who have registered a commercial feed pursuant to this section shall notify
3026   the department of any changes in the guarantee of either chemical or ingredient composition of
3027   such feed not less than 30 days prior to the registrant’s intended manufacture or distribution of
3028   such feed in the commonwealth. New registration of the commercial feed shall not be required if
3029   the department determines that such change would not result in lowering the feed value of the
3030   commercial feed for the purpose for which it was designed.
3031  (e) The department may refuse the registration of any application not in compliance with
3032   sections 51 to 61, inclusive, or regulations issued thereunder, and may cancel any registration
3033   subsequently found to violate any provision thereof; provided, however, that no application shall
3034   be refused and no registration shall be cancelled without first providing the applicant or
3035   registrant an opportunity to amend the application or otherwise obtain an adjudicatory hearing
3036   pursuant to chapter 30A and the regulations promulgated thereunder concerning the refusal of an
3037   application or cancellation of a registration.
3038  (f) This section and sections 53 to 61, inclusive, shall not apply to a farmer who grows
3039   feed in the commonwealth that consists of forage and who distributes such feed to another
3040   farmer in the commonwealth; provided, however, that such feed shall not: (i) contain any drug;
3041   (ii) be manufactured; and (iii) be customer-formula feed. For purposes of this subsection, the
3042   addition of preservatives when harvesting, cutting, bailing, wrapping or fermenting such feed
3043   shall not be considered manufacturing.
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3044  Section 53. (a) A commercial feed manufactured or distributed in the commonwealth
3045   shall be labeled in compliance with this section.
3046  (b) Commercial feed, except a customer-formula feed, shall be accompanied by a label
3047   bearing, at a minimum, the following information:
3048  (i) the quantity of the commercial feed within the package, including, but not limited to,
3049   weight, volume or other applicable methods of measurement;
3050  (ii) the product name and the brand name, if any, under which the commercial feed is
3051   distributed;
3052  (iii) the guaranteed analysis stated in terms as required by the department through
3053   regulations to advise the user of the composition of the commercial feed or to support claims
3054   made in the labeling;
3055  (iv) the ingredient statement, which shall be in terms as required by the department
3056   through regulations, including, but not limited to, the common or usual name of each ingredient
3057   used in the manufacture of the commercial feed; provided, however, that the department, by
3058   regulation, may permit the use of a collective term for a group of ingredients that perform a
3059   similar function; and provided further, that the department may exempt such commercial feeds,
3060   or any group thereof, from the requirement of an ingredient statement if the department finds that
3061   such statement is not required in the interest of consumers;
3062  (v) the name and principal mailing address of the manufacturer or the person responsible
3063   for distributing the commercial feed;
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3064  (vi) the use directions or precautionary statements as the department, by regulation,
3065   determines are necessary for the safe and effective use of the commercial feed, including, but not
3066   limited to, adequate directions for use of all commercial feeds containing drugs;
3067  (vii) the date of manufacture, processing, packaging or repackaging or a code that permits
3068   the determination of a date of manufacture; and
3069  (viii) any other information as the department may require by regulation.
3070  (c) A customer-formula feed shall be accompanied by a label, invoice, delivery slip or
3071   other shipping document, bearing, at a minimum, the following information:
3072  (i) the name and address of the manufacturer;
3073  (ii) the name and address of the purchaser;
3074  (iii) the date of delivery;
3075  (iv) the product name and quantity statement of each commercial feed and each other
3076   ingredient used in the mixture;
3077  (v) the use directions and precautionary statements as the department may require by
3078   regulation that are necessary for the safe and effective use of the customer-feed formula,
3079   including, but not limited to, adequate directions for use of all customer-formula feeds
3080   containing drugs;
3081  (vi) a statement on the label that states: “This feed was manufactured according to
3082   specific instructions provided by (name of the person who provided the instructions) and cannot
3083   be sold to any other person.”;
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3084  (vii) the date of manufacture, processing, packaging or repackaging or a code that permits
3085   the determination of a date of manufacture; and
3086  (viii) any other information as the department may require by regulation.
3087  Section 54. (a) Except as otherwise provided by regulation, a commercial feed
3088   manufactured or distributed in the commonwealth shall be deemed to be misbranded if:
3089  (i) its labeling is false, deceptive or misleading in any way;
3090  (ii) it is sold or distributed under the name of another commercial feed;
3091  (iii) its labeling does not comply with section 53 or the department’s regulations;
3092  (iv) it purports to be or is represented as a commercial feed but is not a commercial feed,
3093   it purports to contain or is represented as containing a commercial feed ingredient but does not
3094   contain a commercial feed ingredient or the feed ingredient does not conform to the definition of
3095   commercial feed and any regulations promulgated by the department; or
3096  (v) it is otherwise determined by the department to be misbranded pursuant to sections 51
3097   to 61, inclusive, or the department’s regulations.
3098  Section 55. Except as otherwise provided by regulation, a commercial feed manufactured
3099   or distributed in the commonwealth shall be deemed to be adulterated if:
3100  (i) it bears or contains any poisonous or deleterious substance that may render it injurious
3101   to human or animal health; provided, however, that if the substance is not an added substance,
3102   such commercial feed shall not be considered adulterated under this subsection if the quantity of
  142 of 188
3103   such substance in such commercial feed does not ordinarily render it injurious to human or
3104   animal health;
3105  (ii) it bears or contains any added poisonous, deleterious or non-nutritive substance that is
3106   unsafe within the meaning of section 406 of the federal Food, Drug and Cosmetic Act, 21 U.S.C.
3107   346;
3108  (iii) it is, or it bears or contains, any food additive which is unsafe within the meaning of
3109   section 409 of the federal Food, Drug and Cosmetic Act, 21 U.S.C. 348;
3110  (iv) it is a raw agricultural commodity and bears or contains a pesticide chemical that is
3111   unsafe within the meaning of section 408(a) of the federal Food, Drug and Cosmetic Act, 21
3112   U.S.C. 346a(a);
3113  (v) it is, or it bears or contains, any color additive which is unsafe within the meaning of
3114   section 721 of the federal Food, Drug and Cosmetic Act, 21 U.S.C. 379e;
3115  (vi) it is, or it bears or contains, any new animal drug that is unsafe within the meaning of
3116   section 512 of the federal Food, Drug and Cosmetic Act, 21 U.S.C. 360b;
3117  (vii) it consists, in whole or in part, of any filthy, putrid or decomposed substance, or is
3118   otherwise unfit for feed;
3119  (viii) it has been prepared, packed or held under unsanitary conditions whereby it may
3120   have become contaminated with filth, or whereby it may have been rendered harmful to health;
3121  (ix) it is, in whole or in part, the product of a diseased animal or of an animal that has
3122   died other than by slaughter, which is unsafe within the meaning of section 402(a)(1) or (2) of
3123   the federal Food, Drug and Cosmetic Act, 21 U.S.C. 342(a)(1)-(2);
  143 of 188
3124  (x) its composition or quality falls below or differs from that which it is purported or is
3125   represented to possess by its labeling;
3126  (xi) it contains a drug and the methods used in, or the facilities or controls used for, its
3127   manufacture, processing or packaging do not conform to good manufacturing practices and
3128   standards established in regulations promulgated by the department to assure that the drug meets
3129   the requirements of sections 51 to 61, inclusive, as to safety and has the identity and strength and
3130   meets the quality and purity characteristics which it purports or is represented to possess;
3131  (xii) it is manufactured or distributed or used as commercial feed in a manner that does
3132   not conform with, or contains any substance that is prohibited by, any regulations as may be
3133   promulgated by the department under sections 51 to 61, inclusive; or
3134  (xiii) it is otherwise determined by the department to be adulterated pursuant to sections
3135   51 to 61, inclusive, or associated regulations.
3136  Section 56. It shall be unlawful to perform or cause to be performed the following acts:
3137  (i) the adulteration or misbranding of any commercial feed;
3138  (ii) the manufacture or distribution of any commercial feed that is adulterated or
3139   misbranded;
3140  (iii) the knowing use of any feed that is adulterated for any cattle, sheep, goats, swine,
3141   poultry or any other animals if such animals are raised to produce human food;
3142  (iv) the removal or disposal of a commercial feed in violation of section 60 or department
3143   regulations;
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3144  (v) the failure or refusal to register a commercial feed in accordance with section 52 or
3145   department regulations prior to manufacturing or distributing commercial feed;
3146  (vi) the failure to maintain any records required by sections 51 to 61, inclusive, or
3147   department regulations;
3148  (vii) the impediment, obstruction or hindering by any person of the department in the
3149   discharge of the authority or duties conferred or imposed by any provisions of sections 51 to 61,
3150   inclusive, or department regulations;
3151  (viii) any sale, offer or exposure for sale of any commercial feed or mixture thereof by
3152   any person in violation of any regulation promulgated under sections 51 to 61, inclusive;
3153  (ix) the failure to comply with any other provision of sections 51 to 61, inclusive, or
3154   department regulations and not otherwise specified in this section; or
3155  (x) such other acts as may be determined by the department by regulation to violate
3156   sections 51 to 61, inclusive.
3157  Section 57. (a) The department may promulgate regulations, consistent with the
3158   requirements in chapter 30A, for commercial feeds as authorized in sections 51 to 61, inclusive.
3159  (b) The department may cooperate and enter into agreements with other agencies and
3160   departments, other states and the federal government to effectuate the purpose and provisions of
3161   sections 51 to 61, inclusive.
3162  (c) The department may, as necessary and by regulation, adopt and enforce federal
3163   standards concerning commercial feed.
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3164  Section 58. (a) For the purpose of enforcement of sections 51 to 61, inclusive, and in
3165   determining compliance with sections 51 to 61, inclusive, officers or employees duly designated
3166   by the department, upon presenting appropriate credentials, may:
3167  (i) enter, during normal business hours, any building, structure, land, vehicle or other
3168   premises, public or private, within the commonwealth, in or on which commercial feeds are
3169   manufactured, processed, packed, distributed, transported, stored, disposed of, used or held for
3170   distribution, or to enter any vehicle being used to transport or hold such feeds; and
3171  (ii) inspect at reasonable times, within reasonable limits and in a reasonable manner,
3172   including, but not limited to, scheduled visits, random visits or for-cause visits made in response
3173   to a complaint of alleged violation received by the department, such premises, property or
3174   vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling
3175   therein; provided, that the inspection may include, but shall not be limited to, obtaining samples
3176   and the verification of records and production and control procedures related to the manufacture,
3177   distribution, storage, handling, use or disposal of commercial feed as may be necessary to
3178   determine compliance with sections 51 to 61, inclusive.
3179  (b) The department may promulgate regulations to effectuate this section, including, but
3180   not limited to, regulations that define notice requirements prior to inspection, official sampling
3181   and analysis procedures, recordkeeping requirements and any other requirements determined by
3182   the department to be necessary.
3183  (c) If the owner or owner’s agent of any building, structure, land, vehicle or other
3184   premises or property described in subsection (a) refuses to admit the department to enter or
3185   inspect in accordance with subsection (a), the department may obtain from the court for the
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3186   district or county in which such building, structure, land, vehicle or other premises or property is
3187   located an administrative warrant to enter and inspect such building, structure, land, vehicle or
3188   other premises or property and to obtain samples of such feeds, feed ingredients or raw
3189   agricultural commodities in accordance with section 59, prior to entry, inspection and sampling.
3190   The district and superior courts may issue warrants upon a proper showing of the need for such
3191   entry, inspection and sampling.
3192  Section 59. (a) The department may obtain official samples of all commercial feeds
3193   manufactured or distributed in the commonwealth. Samples may be obtained during inspections
3194   pursuant to section 58 and any regulations as may be promulgated thereunder by the department
3195   and may be analyzed by the department to determine compliance with sections 51 to 61,
3196   inclusive, and the department’s regulations.
3197  (b) The department shall forward the results of all analyses of official samples to the
3198   person named on the label and to the purchaser. When the inspection and analysis of an official
3199   sample indicates a commercial feed has been adulterated or misbranded, and upon request within
3200   a time period to be established by the department by regulation following the receipt of the
3201   analysis, the department may furnish to the manufacturer a portion of the sample concerned. The
3202   department, in determining whether a commercial feed is deficient in any component, shall be
3203   guided by the official sample obtained and analyzed pursuant to this section.
3204  Section 60. (a) The department shall enforce sections 51 to 61, inclusive.
3205  (b) The department shall take all reasonable actions to ensure that no commercial feed in
3206   violation of sections 51 to 56, inclusive, sections 58 and 59 and department regulations, enters
3207   commerce in the commonwealth, including, but not limited to, orders for stop sale, quarantine,
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3208   detainment, withdrawal from distribution, condemnation, confiscation, destruction or any other
3209   actions as may be determined by the department.
3210  (c) Whoever violates any provision of sections 51 to 61, inclusive, or hinders the carrying
3211   out of any part thereof or, after receipt of a written request from the department, unreasonably
3212   refuses or neglects to comply with any order or regulation lawfully made under this section, may
3213   be subject to a civil administrative penalty issued by the department. The notice of assessment of
3214   civil administrative penalty shall include, but shall not be limited to, the amount of the penalty,
3215   the date the penalty shall be due, a statement of the alleged violator’s right to an adjudicatory
3216   hearing pursuant to this section and chapter 30A regarding the assessment, and the manner of
3217   acceptable payment if an election to waive a hearing is made. A person shall be deemed to have
3218   waived all rights to an adjudicatory hearing unless, within 21 days of the date of the
3219   department’s notice, the person files a written notice, by hand or by certified mail, return receipt
3220   requested, requesting such adjudicatory hearing. In the event that such request is not received in
3221   accordance with this section, the proposed civil administrative penalty shall become final, and
3222   payment shall be due in accordance with the notice.
3223  (d) Without alleging or proving the lack of other adequate remedies at law, and
3224   notwithstanding the existence of any other remedies at law, the attorney general may apply for a
3225   temporary or permanent injunction to restrain any violation of sections 51 to 61, inclusive, or
3226   department regulations.
3227  (e) The remedies provided in this section shall be available in addition to, and without
3228   limiting, any other penalties provided by law or equity, in this chapter or elsewhere. The district
3229   and superior courts shall have concurrent jurisdiction to enforce sections 51 to 61, inclusive, and
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3230   restrain violations thereof. Enforcement actions brought under this section and appeals thereof
3231   shall conform to the applicable provisions of chapter 30A and informal hearing regulations
3232   promulgated thereunder.
3233  Section 61. Annually, the department shall publish, in such forms as the department may
3234   deem proper, information concerning the sales of commercial feeds, together with such data on
3235   their production, composition and use as the department may consider advisable, and a report of
3236   the results of the analyses of official samples of commercial feeds sold within the commonwealth
3237   as compared with the analyses guaranteed in the registration and on the label; provided, that any
3238   information concerning production and use of commercial feed shall not disclose the operations
3239   of any person.
3240  SECTION 50. Said chapter 128 is hereby further amended by adding the following
3241   section:-
3242  Section 125. (a) The supreme judicial court or any justice thereof, and the superior court
3243   or any justice thereof, shall have jurisdiction in equity to enforce this chapter and regulations
3244   promulgated thereunder. Proceedings to enforce this chapter and regulations promulgated
3245   thereunder may be instituted and prosecuted by the attorney general.
3246  (b) The remedies provided under this section shall be available in addition to, and without
3247   limiting, any other penalties provided by law or equity, in this chapter or elsewhere.
3248  (c) The commissioner may issue orders necessary to enforce this chapter and to restrain
3249   violations thereof. Such orders shall be effective pending resolution of any appeal, unless
3250   otherwise ordered by a court of competent jurisdiction.
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3251  SECTION 50A. Section 98 of chapter 130 of the General Laws, as appearing in the 2024
3252   Official Edition, is hereby amended by striking out, in lines 5 to 7, inclusive, the words “the
3253   shellfish wardens training course at the Massachusetts Maritime Academy as certified by said
3254   academy,” and inserting in please thereof the following words:- a shellfish wardens training
3255   course as certified by the division.
3256  SECTION 50B. Section 1 of chapter 131 of the General Laws, as appearing in the 2024
3257   Official Edition, is hereby amended by inserting after the definition of “Angling” the following
3258   definition:-
3259  “Archery equipment”, any bow, arrow, bolt or crossbow.
3260  SECTION 51. Chapter 131 of the General Laws is hereby amended by inserting after
3261   section 6 the following section:-
3262  Section 6A. (a) The director shall consider land under the care and control of the division
3263   for potential designation and long-term passive management as a forest reserve and shall
3264   recommend designation of land as a forest reserve; provided, that such designation shall: (i)
3265   contribute to carbon sequestration and storage as part of the commonwealth’s climate mitigation
3266   strategy; (ii) allow for unique older forest habitats to mature and develop over time without
3267   intended intervention in ecological processes as part of a holistic, statewide, biodiversity
3268   conservation strategy; (iii) enhance climate resilience through the maintenance of connected
3269   natural landscape blocks and species movement corridors that provide a variety of important
3270   ecosystem processes, functions and services; (iv) provide unique opportunities for compatible
3271   passive outdoor recreation and other public enjoyment to serve a diverse public with wide-
3272   ranging recreational values; and (v) facilitate ecological research, comparative studies of forest
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3273   dynamics and long-term monitoring to evaluate reserves as compared to other land management
3274   approaches.
3275  (b) The director, with the approval of a majority of the members of the fisheries and
3276   wildlife board present at a duly called meeting of the board, may designate land under the care
3277   and control of the division as a forest reserve. Forest reserves shall be managed consistent with
3278   such designation unless the director, with the approval of not less than a two-thirds majority of
3279   the members of the fisheries and wildlife board present at a duly called meeting of the board, and
3280   with the approval of the secretary of energy and environmental affairs, rescinds the designation.
3281  (c) Designation of land as a forest reserve, or the recission thereof, shall constitute an
3282   administrative designation and shall not: (i) change the entity with respect to the care, custody
3283   and control of the land; (ii) constitute a change in the use of the land; (iii) otherwise dispose of
3284   land or an interest in land; or (iv) otherwise change the existing status of the land as a wildlife
3285   management area or other land management unit.
3286  (d) The department, to the greatest degree possible, shall passively manage forest
3287   reserves to allow natural processes to determine changes in the structure and composition of the
3288   forest ecosystem. Forest reserves shall not be: (i) managed for production of timber or forest
3289   products; or (ii) intentionally manipulated. Any active management shall be avoided, to the
3290   extent feasible, even when disturbances occur. After consultation with a forest reserve science
3291   and technical advisory committee to be administered by the secretary of energy and
3292   environmental affairs, the division may undertake active management or assisted restoration
3293   actions to: (i) sustain ecosystem function, vital ecosystem services and habitat values; (ii) control
3294   problematic pests, pathogens and invasive species; (iii) restore water and wetland resources; (iv)
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3295   protect public safety; or (v) address other unforeseen circumstances. The division may undertake
3296   such other management actions as may be required by law.
3297  (e) The following shall be permitted within the forest reserves: (i) compatible passive
3298   outdoor recreation; (ii) regulated hunting and trapping; (iii) conversion or removal of plantations;
3299   (iv) maintenance or repair of existing forest roads, trails and administrative access points; (v)
3300   preservation of historic and cultural resources; (vi) removal of immediate threats to public safety;
3301   (vii) selective understory invasive plant control; and (viii) monitoring and research activities.
3302  SECTION 52. The first paragraph of section 40 of said chapter 131, as appearing in the
3303   2024 Official Edition, is hereby amended by striking out the second to fifth sentences, inclusive,
3304   and inserting in place thereof the following 4 sentences:- Said notice shall be filed by delivery in
3305   hand to the conservation commission or its authorized representative or by certified mail, return
3306   receipt requested, to said commission, or, if none, to the select board or board of selectmen in a
3307   town or the mayor of a city in which the proposed activity is to be located, or by electronic
3308   delivery to the conservation commission, or, if none, to the select board, board of selectmen or
3309   mayor, as specified in regulations promulgated by the department of environmental protection.
3310   Upon such filing, the receipt of such notice shall be acknowledged in writing and shall include
3311   the time and date so received. A person delivering said notice by hand shall be given a receipt in
3312   writing acknowledging the time and date of such filing. Copies of such notice shall be sent
3313   concurrently by electronic delivery to the department of environmental protection.
3314  SECTION 53. Said section 40 of said chapter 131, as so appearing, is hereby further
3315   amended by striking out, in line 74, the figure “1,000” and inserting in place thereof the
3316   following figure:- 100.
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3317  SECTION 54. Said section 40 of said chapter 131, as so appearing, is hereby further
3318   amended by striking out the third paragraph and inserting in place thereof the following 2
3319   paragraphs:-
3320  Within 21 days of the receipt by a conservation commission of a written request made by
3321   any person by a method of delivery as specified in regulations, said commission shall make a
3322   written determination as to whether this section is applicable to any land or work thereon. When
3323   such person is other than the owner, notice of any such determination shall also be sent to the
3324   owner. As specified by the department in regulations, certain activities may be approved by
3325   determinations with conditions, and without the filing of a notice of intention if the conditions
3326   ensure that the activities will have negligible or minor wetlands impacts. Temporary impacts
3327   may also be approved with a determination with conditions; provided, that the wetlands shall be
3328   fully restored as specified by the department in regulations. Violation of a condition of a
3329   determination of applicability shall be a violation of this section.
3330  The department may designate by regulation types of proposed work that have
3331   insignificant wetlands impacts and may be approved by the conservation agent or conservation
3332   commission chair or by the department in writing and without a notice of intention or
3333   determination and without a public hearing. Such approval may include, but shall not be limited
3334   to, any conditions necessary to further the interests of this section. A copy of the approval shall
3335   be sent to the department at the same time it is sent to the applicant, and the department shall
3336   have 7 days from receipt to revoke the approval.
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3337  SECTION 55. Said section 40 of said chapter 131, as so appearing, is hereby further
3338   amended by striking out the seventeenth to nineteenth paragraphs, inclusive, and inserting in
3339   place thereof the following 3 paragraphs:-
3340  The conservation commission, select board, board of selectmen or mayor receiving notice
3341   under this section shall hold a public hearing on the proposed activity within 21 days of the
3342   receipt of said notice. Notice of the time and place of said hearing shall be given by the hearing
3343   authority at the expense of the applicant, not less than 5 days prior to such hearing, or another
3344   period of time specified in department regulations, by publication in a newspaper of general
3345   circulation in the city or town where the activity is proposed, or by notice on the city or town
3346   website or other means, as specified in regulations promulgated by the department, and by
3347   mailing a notice to the applicant and to the board of health and the planning board of said city or
3348   town. The conservation commission and its agents, officers and employees and the commissioner
3349   of environmental protection and their agents and employees, may enter upon privately owned
3350   land for the purpose of performing their duties under this section. No conditions shall be
3351   imposed, nor shall any determination be rendered by a conservation commission, in reference to
3352   this section, unless the conservation commission meets with a quorum present. The department
3353   may provide by regulation that certain activities that require a notice of intention may not require
3354   a public hearing but shall require public notice.
3355  If, after said hearing or after deliberation of the conservation commission, select board,
3356   board of selectmen or mayor, on the notice of intent where no hearing is required, the
3357   conservation commission, select board, board of selectmen or mayor, as the case may be,
3358   determines that the area on which the proposed work is to be done is significant to: (i) public or
3359   private water supply; (ii) the groundwater supply; (iii) flood control; (iv) storm damage
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3360   prevention; (v) prevention of pollution; (vi) protection of land containing shellfish; (vii) the
3361   protection of wildlife habitat; (viii) the protection of fisheries; (ix) resilience for changing
3362   climate conditions; or (x) the protection of the riverfront area consistent with the following
3363   purposes, to: (A) protect the private or public water supply; (B) protect the ground water; (C)
3364   provide flood control; (D) prevent storm damage; (E) prevent pollution; (F) protect land
3365   containing shellfish; (G) protect wildlife habitat; (H) protect the fisheries; or (I) resilience for
3366   changing climate conditions, such conservation commission, select board, board of selectmen or
3367   mayor shall, by written order, within 21 days of such hearing, or within 21 days from publication
3368   of the notice if no hearing is required, impose such conditions as will contribute to the protection
3369   of the interests described herein, and all work shall be done in accordance therewith. If the
3370   conservation commission, select board, board of selectmen or mayor, as the case may be,
3371   determines that the proposed activity does not require the imposition of such conditions, the
3372   applicant shall be notified of such determination within 21 days after said hearing, or within 21
3373   days from publication of the notice if no hearing is required. Such order or notification shall be
3374   signed by the mayor or a majority of the conservation commission or select board or board of
3375   selectmen, as the case may be, and a copy thereof shall be sent forthwith to the applicant and to
3376   the department. The department may designate, by regulation, types of proposed work,
3377   including, but not limited to: (i) certain nature-based solutions projects, as defined in section 62E
3378   of chapter 30, ecological restoration, or wetlands resilience projects; or (ii) priority housing
3379   projects, as defined in section 62E of chapter 30, consistent with commonwealth land use
3380   planning and housing strategies and plans, climate resilient design guidelines and environmental
3381   priorities, that may be approved with a general order of conditions; provided, that the proposed
3382   project does not result in impacts to areas subject to jurisdiction that are greater than those
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3383   specified by the department in regulations. For linear shaped projects where work is proposed in
3384   3 or more adjacent municipalities, the applicant shall submit a notice of intent, request for
3385   determination or other request, specified by the department in regulations, directly to the
3386   department for review and decision. Prior to issuing a decision, the department shall provide the
3387   conservation commissions in these municipalities with an opportunity to comment on the notice
3388   or request.
3389  If a conservation commission has failed to hold a hearing within the 21-day period as
3390   required; or if a commission, after holding such a hearing has failed within 21 days therefrom to
3391   issue an order; or if no hearing is required and a commission has failed within the 21 day period
3392   to issue an order; or if a commission, upon a written request by any person to determine whether
3393   this section is applicable to any work, fails within 21 days to make said determination; or where
3394   an order does issue from said commission, the applicant, any person aggrieved by said
3395   commission’s order or failure to act, or any owner of land abutting the land upon which the
3396   proposed work is to be done, or any 10 residents of the city or town in which said land is located,
3397   may, by certified mail or electronic filing, as specified in regulations, and within 10 days from
3398   said commission’s order or failure to act, request the department of environmental protection to
3399   determine whether the area on which the proposed work is to be done is significant to: (i) public
3400   or private water supply; (ii) the groundwater supply; (iii) flood control; (iv) storm damage
3401   prevention; (v) prevention of pollution; (vi) protection of land containing shellfish; (vii) the
3402   protection of wildlife habitat; (viii) the protection of fisheries; (ix) resilience for changing
3403   climate conditions; or (x) the protection of the riverfront area consistent with the following
3404   purposes, to: (A) protect the private or public water supply; (B) protect the ground water; (C)
3405   provide flood control; (D) prevent storm damage; (E) prevent pollution; (F) protect land
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3406   containing shellfish; (G) protect wildlife habitat; (H) protect the fisheries; or (I) resilience for
3407   changing climate conditions. The commissioner of environmental protection or a designee may
3408   request such a determination within said 10 days. The party making any such request shall at the
3409   same time send a copy thereof by certified mail to the conservation commission, select board,
3410   board of selectmen or mayor that conducted the hearing hereunder. If the party making the
3411   request is not the applicant, a copy of such request shall also be sent, at the same time and by
3412   certified mail, to the applicant. Upon receipt of such request the department shall make the
3413   determination requested and shall, by written order, issued within 70 days of receipt of such
3414   request, and signed by the commissioner or their designee, impose such conditions as will
3415   contribute to the protection of the interests described herein; provided, however, that said
3416   department shall notify the applicant within 30 days of the receipt of such request if the
3417   application or request is not in proper form or is lacking information or documentation necessary
3418   to make the determination. Such order shall supersede the prior order of the conservation
3419   commission, select board, board of selectmen or mayor, and all work shall be done in accordance
3420   therewith, but in no event shall any work commence until 10 days have elapsed following the
3421   issuance of said order. In the case of riverfront areas, no order issued by a conservation
3422   commission, select board, board of selectmen, mayor or the department shall permit any work
3423   unless the applicant, in addition to meeting the otherwise applicable requirements of this section,
3424   has proved by a preponderance of the evidence that: (i) such work, including proposed mitigation
3425   measures, has no significant adverse impact on the riverfront area for the following purposes, to:
3426   (A) protect the private or public water supply; (B) protect the ground water; (C) provide flood
3427   control; (D) prevent storm damage; (E) prevent pollution; (F) protect land containing shellfish;
3428   (G) protect wildlife habitat; (H) protect the fisheries; and (I) resilience for changing climate
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3429   conditions; and (ii) there is no practicable and substantially equivalent economic alternative to
3430   the proposed project with less adverse effects on such purposes. An alternative is practicable and
3431   substantially economically equivalent if it is available and capable of being done after
3432   considering: (i) costs, and whether such costs are reasonable or prohibitive to the owner; (ii)
3433   existing technology; (iii) the proposed use; and (iv) logistics in light of the overall project
3434   purposes. For activities associated with access for 1 dwelling unit, the area under consideration
3435   for practicable alternatives shall be limited to the lot; provided, that said lot shall be on file with
3436   the registry of deeds as of August 1, 1996. For other activities including, but not limited to, the
3437   creation of a real estate subdivision, the area under consideration shall be the subdivided lots,
3438   any parcel out of which the lots were created and any other parcels that are adjacent to such
3439   parcel or adjacent through other parcels formerly or presently owned by the same owner at any
3440   time on or after August 1, 1996 or any land which can reasonably be obtained; provided, that an
3441   ownership interest can reasonably be obtained after taking into consideration: (i) cost, and
3442   whether such cost is reasonable or prohibitive to the owner; (ii) existing technology; (iii) the
3443   proposed use; and (iv) logistics in light of the overall project purposes. At any time prior to a
3444   final order of determination by the department, any party requesting a determination may, in
3445   writing, withdraw the request, and such withdrawal shall be effective upon receipt by the
3446   department. Notwithstanding the withdrawal, the commissioner or their designee may continue
3447   the determination if they notify all parties within 10 days of receipt of the withdrawal. A copy of
3448   such order shall be sent to the applicant, to the conservation commission, select board, board of
3449   selectmen or mayor which conducted the hearing hereunder. As used in this section, the term
3450   “wildlife habitat” shall mean those areas subject to this section which, due to their plant
3451   community composition and structure, hydrologic regime or other characteristics, provide
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3452   important food, shelter, migratory or overwintering areas, or breeding areas for wildlife. The
3453   department may provide, by regulation, that specified provisions of this paragraph shall not
3454   apply to notices of intent or requests for determination for certain types of proposed work,
3455   including, but not limited to, certain nature-based solutions projects, as defined in section 62E of
3456   chapter 30, ecological restoration, or wetlands resilience projects, or for work in the buffer zone
3457   as defined by the department by regulation, or for priority housing projects, as defined in section
3458   62E of chapter 30, consistent with commonwealth land use planning and housing strategies and
3459   plans, climate resilient design guidelines and environmental priorities. The department may also
3460   provide by regulation that such notices of intent or requests for determination may not be the
3461   subject of a request for a superseding order of conditions or applicability or a request for an
3462   adjudicatory hearing in accordance with the provisions of chapter 30A; and that any person
3463   aggrieved by the issuance or failure to issue a decision on such notice of intent or request for
3464   determination may obtain judicial review by filing an application for review in the superior court
3465   within 21 days after receipt of an order of conditions or a determination from the conservation
3466   commission, or within 21 days of the conservation commission’s failure to act. Notwithstanding
3467   the provisions of the previous sentence, the department may, in its regulations regarding such
3468   notices of intent or requests for determination, provide that within 10 days of the conservation
3469   commission’s action or failure to act, the department may notify the applicant and the
3470   commission that it will be issuing a superseding order of conditions or determination, which it
3471   shall issue within 70 days of making such notification. Such superseding order or determination
3472   may be the subject of a request for adjudicatory hearing in accordance with the provisions of
3473   chapter 30A.
3474  SECTION 55A. Section 57 of said chapter 131 is hereby repealed.
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3475  SECTION 55B. Section 58 of said chapter 131, as so appearing, is hereby amended by
3476   striking out, in lines 1 and 2, the words “release any arrow” and inserting in place thereof the
3477   following words:- hunt by any means.
3478  SECTION 55C. Said section 58 of said chapter 131, as so appearing, is hereby further
3479   amended by adding the following 2 sentences:- Notwithstanding the previous sentence, no
3480   person shall: (i) discharge archery equipment upon or across a state highway or hard surfaced
3481   highway, or within 150 feet, of any such highway; or (ii) hunt with archery equipment on the
3482   land of another within 250 feet of a dwelling in use, except as authorized by the owner or
3483   occupant thereof. Nothing in this section shall apply to falconry.
3484  SECTION 55D. Section 60 of said chapter 131, as so appearing, is hereby amended by
3485   striking out, in lines 1 and 5 and 6, the words “bow and arrow” and inserting in place thereof, in
3486   each instance, the following words:- archery equipment.
3487  SECTION 55E. Section 61 of said chapter 131, as so appearing, is hereby amended by
3488   striking out, in line 1, the words “bow and arrow” and inserting in place thereof the following
3489   words:- archery equipment.
3490  SECTION 55F. Section 62 of said chapter 131, as so appearing, is hereby amended by
3491   striking out, in lines 7 and 8, the words “bow and arrow” and inserting in place thereof the
3492   following words:- archery equipment.
3493  SECTION 55G. Section 64 of said chapter 131, as so appearing, is hereby amended by
3494   striking out, in lines 2 and 3, the words “or any crossbow, except as provided in section 69,”.
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3495  SECTION 55H. Section 65A of said chapter 131, as so appearing, is hereby amended by
3496   striking out, in line 5, the words “bow and arrow” and inserting in place thereof the words:-
3497   archery equipment.
3498  SECTION 55I. Said chapter 131 is hereby further amended by striking out section 69, as
3499   so appearing, and inserting in place thereof the following section:-
3500  Section 69. A person shall not carry or use archery equipment while hunting except in
3501   compliance with regulations promulgated by the division. The director shall promulgate
3502   regulations to implement this section. Such regulations shall prescribe general design and weight
3503   of pull and type of archery equipment and shall conform to standards generally accepted for
3504   hunting purposes.
3505  SECTION 56. Section 34 of chapter 132 of the General Laws is hereby repealed.
3506  SECTION 57. Section 7 of chapter 132A of the General Laws is hereby repealed.
3507  SECTION 58. Section 7A of said chapter 132A, as appearing in the 2024 Official
3508   Edition, is hereby amended by striking out, in lines 1 and 2, the words “environmental
3509   management, division of forest and parks,” and inserting in place thereof the following words:-
3510   conservation and recreation.
3511  SECTION 59. Said section 7A of said chapter 132A, as so appearing, is hereby further
3512   amended by striking out the second to fifth paragraphs, inclusive.
3513  SECTION 60. Said section 7A of said chapter 132A, as so appearing, is hereby further
3514   amended by adding the following paragraph:-
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3515  The chief park ranger and park rangers appointed and employed by the department may
3516   assist the bureau of fire control in both suppression and detection of fires.
3517  SECTION 61. Section 93 of chapter 143 of the General Laws, as so appearing, is hereby
3518   amended by striking out, in line 6, the figure “15” and inserting in place thereof the following
3519   figure:- 17.
3520  SECTION 62. Said section 93 of said chapter 143, as so appearing, is hereby further
3521   amended by striking out, in line 10, the figure “12” and inserting in place thereof the following
3522   figure:- 14.
3523  SECTION 63. Said section 93 of said chapter 143, as so appearing, is hereby further
3524   amended by striking out, in line 21, the words “advanced building technology” and inserting in
3525   place thereof the following words:- climate risk, 1 of whom shall be an expert in climate resilient
3526   design, 1 of whom shall be an expert in the development of housing.
3527  SECTION 64. Section 95 of said chapter 143, as so appearing, is hereby amended by
3528   adding the following subsection:-
3529  (d) Ensuring building regulations and requirements address climate impacts for the
3530   purposes of reducing exposure and damage to structures and protecting the health, safety and
3531   security of the occupants or users of buildings.
3532  SECTION 65. Section 168 of chapter 175 of the General Laws, as so appearing, is hereby
3533   amended by inserting after the word “commonwealth”, in line 146, the following words:- ;
3534   provided, however, that annually, not later than December 1, at the discretion of the secretary of
3535   administration and finance, the comptroller shall transfer to the Resilience Revolving Fund
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3536   pursuant to section 2 of chapter 29E an amount up to the difference between the amount of such
3537   fees collected in the prior fiscal year and the amount of such fees collected in fiscal year 2027.
3538  SECTION 65A. Said chapter 175 is hereby further amended by adding the following
3539   section:-
3540  Section 231. A company shall not require the removal of a tree from the property of a
3541   holder of a homeowners insurance policy if a certified arborist has determined the tree is not a
3542   hazard to the property.
3543  SECTION 66. Chapter 183 of the General Laws is hereby amended by adding the
3544   following section:-
3545  Section 70. (a) For the purposes of this section, the term “residential real property” shall,
3546   unless the context clearly requires otherwise, mean real property zoned residential or multifamily
3547   residential with 4 or fewer dwelling units and used or occupied, or intended to be used or
3548   occupied, wholly or partly, as the home or residence of 1 or more persons, condominium units or
3549   cooperative apartments; provided, however, that “residential real property” shall not include
3550   unimproved real property upon which such dwellings are to be constructed.
3551  (b) The secretary of energy and environmental affairs, in consultation with the secretary
3552   of housing and livable communities, shall issue standard notification forms and other materials to
3553   inform each prospective purchaser and tenant about the flood risks of residential real property.
3554   The forms and materials may include, but shall not be limited to: (i) information on whether the
3555   residential real property is located in a floodplain; (ii) documentation of historical flooding and
3556   past damages on the property, including, but not limited to, claims filed and grants or disaster
3557   assistance received for flood damage or flood mitigation; (iii) details about any flood insurance
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3558   or elevation certificates for the property (iv) information regarding future coastal flood risk using
3559   the best available data pursuant to state standards; (v) historic and present erosion rates; and (vi)
3560   details about prior retreat, relocation and demolition of structures and associated utilities on the
3561   property and abutting properties due to erosion.
3562  (c) Licensed real estate brokers with an online marketing platform shall include
3563   information on their online marketing platform about the flood risks, if any, associated with each
3564   listed residential real property. The information shall include, but shall not be limited to, whether
3565   the property is located in a floodplain and other information available to disclose to prospective
3566   purchasers and tenants regarding potential flood risks.
3567  (d) A person selling residential real property shall, prior to the signing of a purchase and
3568   sale agreement, provide to the prospective purchaser a completed copy of the applicable
3569   notification form and other materials prepared pursuant to subsection (b). Any person leasing
3570   residential real property with an option to purchase such property shall, prior to the signing of the
3571   lease with an option to purchase, provide to the lessee-prospective purchaser a completed copy
3572   of the applicable notification form and other materials prepared pursuant to subsection (b).
3573  (e)(1) All persons leasing or renting residential real property shall, prior to entering into
3574   an agreement to lease or rent such property, notify prospective tenants about the hazards of flood
3575   risk as provided herein.
3576  (2) A residential lease shall contain the following notice to tenants: “Flood insurance is
3577   generally available to renters through the Federal Emergency Management Agency’s (FEMA’s)
3578   National Flood Insurance Program (NFIP) to cover your personal property and contents in the
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3579   event of a flood. A standard renter’s insurance policy does not typically cover flood damage.
3580   You are encouraged to examine your policy to determine whether you are covered.”.
3581  (3) Prior to entering into a tenancy agreement, the owner of residential real property or
3582   such other person to whom rent is to be regularly paid, shall provide a prospective tenant with:
3583   (i) a completed copy of the applicable notification form and other materials prepared pursuant to
3584   subsection (b); and (ii) 2 copies of a statement certifying that the prospective tenant received all
3585   of the above materials, a copy of which shall be retained by both the tenant and the owner;
3586   provided, that such certification may be included as a provision in a written tenancy agreement.
3587  (f) An owner who fails to comply with this section, including, but not limited to,
3588   providing knowingly false or incomplete disclosures, shall be liable for damages caused by the
3589   failure to comply. A violation of this section by a person engaged in trade or commerce shall be
3590   an unfair and deceptive act or practice pursuant to section 2 of chapter 93A.
3591  SECTION 67. Section 32 of chapter 184 of the General Laws, as appearing in the 2024
3592   Official Edition, is hereby amended by striking out, in lines 23 and 24, 33 and 34 and 80, the
3593   words “metropolitan district commission” and inserting in place thereof the following words:-
3594   department of conservation and recreation.
3595  SECTION 68. Said section 32 of said chapter 184, as so appearing, is hereby further
3596   amended by adding the following paragraph:-
3597  The secretary of energy and environmental affairs, the commissioner of the department of
3598   conservation and recreation, the commissioner of food and agriculture and the secretary of
3599   housing and livable communities may each, when unavailable to approve or certify a restriction,
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3600   authorize in writing a designee to approve restrictions on that official’s behalf; a restriction
3601   approved and certified by such designee shall have the benefit of this section.
3602  SECTION 69. Section 7 of chapter 330 of the acts of 1983 is hereby repealed.
3603  SECTION 69A. The fifth paragraph of section 44 of chapter 85 of the acts of 1994 is
3604   hereby amended by inserting after the words “Mount Greylock state reservation”, the following
3605   words:- A.T. Stearns Counting House.
3606  SECTION 70. The first paragraph of section 177 of chapter 25 of the acts of 2009 is
3607   hereby amended by inserting after the word “Boston”, the third time it appears, the following
3608   words:- , Charles River Dam road in the cities of Boston and Cambridge, a segment of route 16
3609   and Revere Beach parkway, including Wellington circle, from its intersection with interstate 93
3610   and route 38 in the city of Medford to its intersection with route 145 and route 1A in the city of
3611   Revere, the Fellsway from Wellington circle to its intersection with interstate 93 in the cities of
3612   Medford and Somerville, Mystic avenue in the city of Somerville, Medford Veteran’s Memorial
3613   Highway in the cities of Medford and Somerville and the Lynnway in the city of Lynn.
3614  SECTION 70A. Section 1 of chapter 65 of the acts of 2010 is hereby amended by
3615   inserting after the word “Boston”, the third time it appears, the following words:- , which shall
3616   include the Deerfield street dock in the city of Boston.
3617  SECTION 70B. Item 1599-2031 in section 2 of chapter 102 of the acts of 2021 is hereby
3618   by striking out the words “shall be expended for urban” and inserting in place thereof the
3619   following words:- shall be expended to MassDOT or DCR for urban.
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3620  SECTION 70C. Item 1100-2516 of section 2 of chapter 140 of the acts of 2022, as
3621   amended by section 170 of chapter 140 of the acts of 2024, is hereby further amended by striking
3622   out the words “construction of a playground at Amvet Boulevard elementary school in the town
3623   of North Attleborough” and inserting in place thereof the following words:- project of dredging
3624   the Ten Mile river.
3625  SECTION 70D. Item 1100-2516 of Section 2 of chapter 140 of the acts of 2022, as
3626   amended by section 170 of chapter 140 of the acts of 2024, is hereby further amended by striking
3627   out the words “for ADA compliant accessibility upgrades to the Mason Field House in the town
3628   of North Attleborough” and inserting in place thereof the following words:- for the project of
3629   dredging the Ten Mile river.
3630  SECTION 70E. Item 6720-2261 of section 2F of chapter 176 of the acts of 2022 is
3631   hereby amended by striking the words “for roadway and intersection improvements near the
3632   intersection of Route 152 and Route 106 in North Attleborough and Plainville” and inserting in
3633   place thereof the following words:- for the project of dredging the Ten Mile river.
3634  SECTION 71. (a) There shall be a special commission on flood risk mitigation and
3635   resilience in the Connecticut river valley. The commission shall consist of the following 21
3636   members: the secretary of energy and environmental affairs or their designee, who shall be chair;
3637   the director of the Massachusetts emergency management agency or their designee; the executive
3638   director of the Franklin regional council of governments or their designee; the executive director
3639   of the Pioneer Valley planning commission or their designee; the chairs of the joint committee
3640   on environment and natural resources; and 15 members appointed by the governor, 6 of whom
3641   shall be representatives of municipalities within the Connecticut river watershed, 2 of whom
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3642   shall be representatives of regional water and sewer utilities, 1 of whom shall be a representative
3643   of a watershed organization, 1 of whom shall be a representative of the agriculture sector, 1 of
3644   whom shall be a representative from an environmental justice organization, 1 of whom shall be a
3645   representative from a land trust, 1 of whom shall be a representative from a labor organization
3646   and 2 of whom shall be representatives of regional higher education institutions.
3647  (b) The commission shall prepare a plan that identifies and prioritizes regional resilience
3648   projects that reduce flood risk in the Connecticut river valley through 2050. Said plan shall
3649   include, but shall not be limited to: (i) a summary of applicable municipal vulnerability
3650   preparedness plans; (ii) identification of structural and non-structural regional resilience projects
3651   that would reduce flood risk to critical infrastructure, vulnerable populations, the economy and
3652   natural resources; (iii) an implementation plan, including, but not limited to, project costs,
3653   timelines and responsible entities; (iv) recommendations for local planning and policy actions to
3654   align with regional and state goals; and (v) a strategy for engaging disadvantaged and priority
3655   populations.
3656  (c) The commission shall consult with the department of conservation and recreation, the
3657   department of agricultural resources, the department of environmental protection and the
3658   Massachusetts Department of Transportation.
3659  (d) Not later than January 1, 2028, the commission shall file its plan with the clerks of the
3660   house of representatives and the senate, the house and senate committees on ways and means and
3661   the joint committee on environment and natural resources.
3662  SECTION 72. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
3663   General Laws, section 35 of chapter 92 of the General Laws or any other general or special law
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3664   to the contrary, the commissioner of capital asset management and maintenance may, in
3665   consultation with the commissioner of conservation and recreation, transfer Ravine road between
3666   West Wyoming avenue to the town line of the city of Melrose to the city of Melrose for the
3667   purpose of a public way; provided, that the exact boundaries of the parcel to be conveyed shall
3668   be determined by the commissioner of capital asset management and maintenance.
3669  (b) The consideration for the conveyances authorized by this section shall be nominal.
3670  (c) The city of Melrose of any real property disposed of pursuant to this section shall be
3671   responsible for all costs related to the conveyance, which shall include, but shall not be limited
3672   to, appraisals, surveys, plans, recordings and any other expenses, as deemed necessary by the
3673   commissioner.
3674  SECTION 73. Notwithstanding any general or special law to the contrary, not later than
3675   June 30 in fiscal years 2027 and 2028, the Massachusetts water resources authority shall
3676   annually make a payment of $50,000 to each of the following towns located within the watershed
3677   of the Quabbin reservoir: Belchertown, Hardwick, Ludlow, New Salem, Orange, Pelham,
3678   Petersham, Phillipston, Shutesbury, Ware and Wendell to support the role of these communities
3679   in hosting the Quabbin reservoir.
3680  SECTION 73A. Notwithstanding any general or special law to the contrary, not later than
3681   June 30 in fiscal years 2027 and 2028, the Massachusetts water resources authority shall
3682   annually make a payment of $200,000 to each of the towns of Clinton, Boylston, West Boylston
3683   and Sterling to support the role of these communities in hosting the Wachusett reservoir. Such
3684   payments shall be made independent of, and shall not be reduced or offset by, any
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3685   recommendation, formula or methodology developed by the commission on Payments in Lieu of
3686   Taxes for state-owned land, or any successor commission or advisory body.
3687  SECTION 74. Notwithstanding section 30 of chapter 29 of the General Laws, section 65
3688   of chapter 30 of the General Laws, or any other general or special law to the contrary, a portion
3689   of the funds authorized in this act may be used for the costs associated with the purchase of title
3690   insurance and services for title examinations, reports and certifications; provided, however, that
3691   any executive department or state agency expending such funds shall maximize efforts and
3692   utilize all available means to minimize use of capital funds for such purpose.
3693  SECTION 74A. (a) The area of Douglas state forest in the town of Douglas that includes
3694   the facilities located at 120 Wallum Lake road shall be designated and known as the Governor
3695   Argeo Paul Cellucci Recreation Area. The Governor Argeo Paul Cellucci Recreation Area shall
3696   include, but shall not be limited to, the boat launch, beach, picnic areas, parking areas, access
3697   roads, trailheads, park space and associated improvements and appurtenant facilities located at or
3698   providing access to 120 Wallum Lake road in the town of Douglas.
3699  (b)(1) The boat launch facility within the Governor Argeo Paul Cellucci Recreation Area
3700   designated pursuant to subsection (a), currently known as the Wallum Lake state boat launch,
3701   shall be designated and known as the Governor Argeo Paul Cellucci Boat Launch.
3702  (2) The access road within the Governor Argeo Paul Cellucci Recreation Area,
3703   designated pursuant to subsection (a), currently known as Wallum Lake Park road, shall be
3704   designated and known as Governor Argeo Paul Cellucci Park road.
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3705  (3) The network of hiking and recreational trails within the Governor Argeo Paul
3706   Cellucci Recreation Area designated pursuant to subsection (a) shall be designated and known as
3707   the Governor Argeo Paul Cellucci Trail Network.
3708  (c) The department of conservation and recreation shall erect and maintain suitable
3709   markers bearing the designations made in this section in accordance with the standards of the
3710   department.
3711  SECTION 74B. The department of conservation and recreation shall erect and maintain 2
3712   suitable markers in memory of 2 individuals. The markers shall be similar in form to plaques,
3713   shall be placed within Landry park in the city of Waltham and shall each include the names of
3714   former state representative Richard Landry for whom the park is named and Frederick “Fred”
3715   William Faugno, also known as “The Mayor of the Mill” because of his dedicated advocacy on
3716   behalf of his fellow residents in the adjacent Francil Cabot Lowell Mill apartment community
3717   and who was instrumental in getting the railing installed on the footbridge and the walkway
3718   at Landry park, to be placed as follows:
3719  (i) at the entrance of the Landry park entrance in the city of Waltham, noting “In
3720   Memory of Former State Representative Richard Landry of Waltham, MA, for whom this park is
3721   named”; and
3722  (ii) at the Landry park entrance in the city of Waltham, noting “In Memory of Frederick
3723   “Fred” William Faugno, also known as “The Mayor of the Mill” because of his dedicated
3724   advocacy on behalf of his fellow residents in the Francis Cabot Lowell Mill”.
3725  SECTION 74C. (a) There shall be a special commission on commonwealth port
3726   development to recommend an integrated statewide strategic vision for ports in the
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3727   commonwealth, including the designated port areas of: Gloucester Inner Harbor, Salem Harbor,
3728   the city of Lynn, Mystic river, Chelsea creek, the East Boston section of the city of Boston, the
3729   South Boston section of the city of Boston, Weymouth Fore river, New Bedford-Fairhaven, Fall
3730   River and Mount Hope bay. The commission shall identify industry-specific opportunities and
3731   needs, assess existing infrastructure with capacity and resources, evaluate environmental justice
3732   impacts and needs of host communities and develop recommendations to achieve stated priorities
3733   and goals.
3734  (b) The commission shall prepare a report proposing an integrated statewide vision for
3735   the commonwealth’s ports and recommendations to implement that vision. The report shall
3736   include an assessment for relevant industry sectors, which shall include but not be limited to: (i)
3737   commercial and recreational fishing; (ii) energy; (iii) shipping, bulk cargo and goods; (iv)
3738   transportation and tourism; (v) ocean technology and emerging markets; (vi) the cruise industry;
3739   and (vii) the seafood processing industry. For each industry sector, the report shall assess: (A)
3740   existing conditions; (B) industry needs; and (C) opportunities for growth, taking into account
3741   infrastructure, costs, limiting geographic constraints and workforce development needs. The
3742   commission shall also consider, for each industry sector, the existing conditions and potential for
3743   development in each designated port area to achieve the vision for growth. The commission shall
3744   identify and assess the cumulative social, economic and public health impacts of permissible
3745   land uses and water uses in designated port areas on host communities, including, but not limited
3746   to, restrictions on affordable housing opportunities and the development of open space. The
3747   commission shall consider the status of host communities as environmental justice communities
3748   and the environmental and economic impacts of adherence to designated port area regulations on
3749   host communities.
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3750  (c) The commission shall consist of: the secretary of economic development or their
3751   designee and the secretary of energy and environmental affairs or their designee, who shall serve
3752   as co-chairs; the chief executive officer of the Massachusetts Port Authority or their designee;
3753   and 19 members who shall be appointed by the governor, 11 of whom shall be representatives of
3754   each of the 11 designated port areas, 5 of whom shall be representatives of each water-dependent
3755   industry sector, including offshore wind supply chain operations and maintenance, and 3 of
3756   whom shall be representatives of community groups representing the north shore, Boston harbor
3757   and south coast regions; and 1 representative who shall represent organized labor and be a
3758   member of the international longshoreman’s association.
3759  (d) The commission shall consult with: the division of marine fisheries; the office of
3760   coastal zone management; the department of environmental protection; the Massachusetts clean
3761   energy center; the Massachusetts Bay Transportation Authority; the Massachusetts Development
3762   Finance Agency; the seaport economic council; the commercial fisheries commission; any
3763   municipality that is host to a designated port area but does not otherwise have a representative on
3764   the commission; and other entities representing stakeholder perspectives as determined by the
3765   commission.
3766  (e) Not later than January 1, 2028, the commission shall file its report with the clerks of
3767   the house of representatives and the senate, the chairs of the joint committee on economic
3768   development and emerging technologies and the chairs of the house and senate committees on
3769   ways and means.
3770  SECTION 75. Each agency acquiring land or an interest in land under this act may
3771   expend an amount not to exceed 5 per cent of the amount appropriated to that agency for the
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3772   purpose of reimbursing nonprofit land conservation organizations or land trusts for reasonable
3773   expenses directly associated with the acquisition of land or interests in land subsequently
3774   conveyed to the commonwealth. Reimbursements shall be made at the discretion of the agency.
3775   The secretary of energy and environmental affairs shall determine, by regulation promulgated
3776   pursuant to chapter 30A of the General Laws, what shall constitute a reasonable expense. If the
3777   commonwealth does not take title to the property through no fault of the nonprofit organization
3778   or the commonwealth, the commonwealth may reimburse the nonprofit organization for
3779   reasonable expenses associated with due diligence. An organization receiving a reimbursement
3780   under this section shall convey the land or interest in land to the agency for an amount not to
3781   exceed the actual purchase price paid by the organization for the land or interest in land in
3782   addition to any reimbursement received under this section.
3783  SECTION 75A. (a) As used in this section, the following words shall, unless the context
3784   clearly requires otherwise, have the following meanings:
3785  “Composting sanitation facility”, a composting toilet system or waterless waste
3786   management system, including any system manufactured by or substantially equivalent in design
3787   and function to those composting toilet systems certified under NSF/ANSI Standard 41, that
3788   processes human waste through aerobic biological decomposition without the use of water or
3789   connection to a municipal sewer system.
3790  “Environmentally appropriate location”, a site at which installation of a composting
3791   sanitation facility is technically feasible and ecologically beneficial, including but not limited to,
3792   locations: (i) adjacent to or within sensitive watersheds, wetlands, or vernal pool buffer zones;
3793   (ii) where septic system installation is constrained by soil percolation rates, depth to
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3794   groundwater, or lot size limitations; (iii) in designated Areas of Critical Environmental Concern;
3795   (iv) where water table contamination risk from conventional sanitation is elevated; or (v) where
3796   water conservation goals of the commonwealth would be advanced by waterless waste
3797   management.
3798  (b) The department of conservation and recreation shall prioritize the installation of
3799   composting sanitation facilities at public restrooms and comfort stations located within lands and
3800   facilities under the department's care, custody, and control, where such installation is determined
3801   to be environmentally appropriate pursuant to subsection (c).
3802  (c)(1) Not later than January 1, 2028, the department shall conduct a comprehensive
3803   assessment of all public restroom and comfort station facilities under its jurisdiction and shall
3804   identify locations that qualify as environmentally appropriate for the installation of clivus
3805   sanitation facilities.
3806  (2) The assessment shall consider:
3807  (i) the proximity of the facility to sensitive environmental resources, including surface
3808   waters, wetlands, and public drinking water supplies;
3809  (ii) the existing sanitation infrastructure and its adequacy, age, and environmental
3810   performance;
3811  (iii) the feasibility and cost-effectiveness of clivus sanitation installation relative to
3812   conventional alternatives over a 20-year lifecycle;
3813  (iv) the volume of public use and seasonal visitation patterns;
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3814  (v) consistency with any applicable master plan, watershed protection plan, or resource
3815   management plan; and
3816  (vi) input from the department of environmental protection and the division of ecological
3817   restoration.
3818  (d) The department shall, in prioritizing installations under this section:
3819  (i) give first priority to facilities in areas of critical environmental concern, as designated
3820   by the secretary of energy and environmental affairs;
3821  (ii) give second priority to facilities in drinking water supply watersheds and aquifer
3822   recharge areas;
3823  (iii) give third priority to facilities in coastal and inland wetland buffer zones; and
3824  (iv) thereafter prioritize facilities where the existing sanitation infrastructure has reached
3825   the end of its useful life or where conventional replacement would require significant capital
3826   expenditure.
3827  (e) The department shall develop and implement a maintenance and operations protocol
3828   for all composting sanitation facilities under its jurisdiction, which shall include:
3829  (i) a schedule for routine inspection and maintenance;
3830  (ii) training standards for department staff responsible for the operation of such facilities;
3831  (iii) performance metrics to assess the environmental effectiveness and public health
3832   compliance of each facility; and
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3833  (iv) procedures for the lawful removal and beneficial use or disposal of composted end-
3834   product material in accordance with regulations promulgated by the department of environmental
3835   protection.
3836  (f) Not later than July 1, 2028, the department shall file a report with the clerks of the
3837   senate and house of representatives, the joint committee on environment, natural resources and
3838   agriculture and the secretary of energy and environmental affairs, detailing:
3839  (i) the number and location of composting sanitation facilities installed during the
3840   preceding fiscal year;
3841  (ii) the number of facilities identified as candidates for future installation;
3842  (iii) maintenance activities performed and any compliance findings;
3843  (iv) estimated water savings attributable to facilities installed pursuant to this section; and
3844  (v) any recommendations for statutory or regulatory changes to advance the purposes of
3845   this section.
3846  SECTION 76. (a) There shall be established a special commission to study and report on
3847   how to enable resilient urban coasts in the commonwealth.
3848  (b) The commission shall examine existing statutory and regulatory requirements that
3849   slow or prohibit the permitting and construction of climate resilient projects on public and
3850   private urban coastal properties in the commonwealth, including, but not limited to,
3851   neighborhoods impacted by flood pathways. The commission shall consider cost and time
3852   constraints associated with securing the required permits to protect coastal communities,
3853   properties and infrastructure from flooding and sea level rise. The commission shall review and
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3854   reconcile the need to protect coastal communities, properties and infrastructure from flooding
3855   and sea level rise in the context of: (i) economic viability; (ii) human health; (iii) the protection
3856   of infrastructure, homes, businesses, designated port areas, coastal wetlands and marine
3857   ecosystems; and (iv) the costs and benefits associated with any proposed changes to streamline
3858   permitting, including municipal harbor plans. The commission shall create proposals to expedite
3859   and streamline permitting for coastal resilience projects in districts that span across public and
3860   private properties.
3861  (c) The commission shall consist of the following 15 members: the secretary of economic
3862   development or their designee, who shall serve as co-chair, and the secretary of energy and
3863   environmental affairs or their designee, who shall serve as co-chair; the commissioner of
3864   environmental protection or their designee; the chief executive officer of the Massachusetts Port
3865   Authority or their designee; the director of the Seaport Economic Council or their designee; the
3866   director of the Commercial Real Estate Development Association or their designee; the director
3867   of Boston Harbor Now, Inc. or their designee; the director of the Trustees of Reservations or
3868   their designee; the director of the Massachusetts Marine Trades Association or their designee;
3869   the director of A Better City, Inc. or their designee; and 5 members who shall be appointed by
3870   the governor, 2 of whom shall be coastal developers, 1 of whom shall be a watershed
3871   organization and 2 of whom shall be advocates who represent environmental justice
3872   communities. The commission shall be authorized to invite experts from local, state and federal
3873   agencies, including, but not limited to, the United States Army Corps of Engineers and
3874   representatives of the private sector to advise on specific topics identified by the commission.
3875  (d) Not later than June 9, 2027, the commission shall submit a report of its findings,
3876   together with recommendations for any legislation, to the governor, the clerks of the house of
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3877   representatives and the senate, the chairs of the joint committee on economic development and
3878   emerging technologies, the chairs of the joint committee on environment and natural resources
3879   and the chairs of the house and senate committees on ways and means concerning: (i) statewide
3880   permitting reforms to enable climate resilience projects on urban coastal properties, including,
3881   but not limited to, district scale projects that create continuous lines of protection and regional
3882   projects that cross municipal boundaries; and (ii) the adoption and alignment of state and local
3883   permitting processes necessary to enable climate resilience projects on urban coastal properties,
3884   including, but not limited to, statutory and regulatory provisions to promote and allow district
3885   scale projects that create continuous lines of defense and regional projects that cross municipal
3886   boundaries.
3887  SECTION 76A. (a) The executive office of energy and environmental affairs shall
3888   establish and administer a pilot program for research activities and demonstration projects for
3889   nature-based solutions, as defined in section 1 of chapter 21N of the General Laws. The program
3890   shall: (i) define categories of nature-based solutions and develop standards for their use; (ii)
3891   coordinate, streamline and expedite the permitting and review process for activities and projects;
3892   and (iii) prioritize activities and projects that advance scientific knowledge, provide conservation
3893   benefits and minimize impacts to existing wetlands. The secretary of energy and environmental
3894   affairs and the commissioners or directors of permitting agencies may modify specific
3895   performance standards for nature-based solutions.
3896  (b) The pilot program shall operate for 5 years beginning on the effective date of this act.
3897   Not later than 1 year from the effective date of this act, and annually thereafter, the secretary of
3898   energy and environmental affairs shall file a report with the clerks of the house of representatives
3899   and the senate and the joint committee on environment and natural resources that shall: (i) detail
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3900   the categories of nature-based solutions; (ii) analyze the approval time for all permits required
3901   for each approved research activity or demonstration project; (iii) specify any specific
3902   performance standards modified for each approved research activity or project; and (iv) provide
3903   data about the effectiveness of each approved research activity or project.
3904  SECTION 76B. (a) There shall be a special commission to study water conservation and
3905   reuse. The commission shall examine how implementing water reuse requirements in the
3906   commonwealth would affect construction costs, consumer savings, water conservation and
3907   public health.
3908  (b) The commission shall consist of: the commissioner of conservation and recreation, or
3909   a designee, who shall serve as co-chair; the commissioner of environmental protection, or a
3910   designee, who shall serve as co-chair; 6 members who shall be appointed by the governor, 2 of
3911   whom shall be municipal or local utility members; 2 members appointed by the commissioner of
3912   public health of whom shall be representatives from the department of public health; 2 members
3913   appointed by Home Builders and Remodelers Association of Massachusetts, Inc.; 2 members
3914   appointed by Associated General Contractors of Massachusetts, Inc.; 2 members appointed by
3915   the Boston chapter of the American Society of Plumbing Engineers; 2 members appointed by
3916   Boston Society of Civil Engineers Section of the American Society of Civil Engineers; 2
3917   members of representatives of labor associated with the Massachusetts plumbing industry; 2
3918   members appointed by Plumbing-Heating-Cooling Contractors of Massachusetts, Inc.; 2
3919   members appointed by Greater Boston Plumbing Contractors Association, Inc.; 1 member of the
3920   board of state examiners of plumbers and gas fitters; 1 member of the International Association
3921   of Plumbing and Mechanical Officials; and the executive director of the Massachusetts Rivers
3922   Alliance, Inc., or a designee.
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3923  (c) The commission shall research the potential benefits of expanding water reuse and
3924   conservation efforts in both residential and nonresidential construction applications which shall
3925   include, but shall not be limited to, greywater, rainwater and stormwater collection and reuse
3926   opportunities.
3927  (d) Not later than July 1, 2027, the commission shall file a report, including any plans and
3928   recommendations for consideration, to the clerks of the house of representatives and senate.
3929  SECTION 76C. (a) The executive office of energy and environmental affairs shall, in
3930   consultation with the executive office for administration and finance, issue a report and make
3931   recommendations on financial solutions for climate and clean energy innovations in the public,
3932   private and non-profit sectors throughout the commonwealth and in line with achieving the
3933   commonwealth’s greenhouse gas emissions limits and sub-limits pursuant to chapter 21N.
3934  (b) The report shall include, but shall not be limited to: (i) an evaluation of a climate bank
3935   to provide financial products including loan refinancing, loan guarantees, credit enhancements,
3936   debt securitization, insurance, portfolio insurance and other forms of financial support, technical
3937   assistance or risk management to qualified climate and clean energy innovations; (ii) financial
3938   strategies to reduce adverse economic effects from transitioning to clean energy; (iii) job creation
3939   possibilities through the construction and operation of climate and clean energy innovations; (iv)
3940   methods to foster the development and consistent application of transparent underwriting
3941   standards, standard contractual terms and measurement and verification protocols for qualified
3942   climate and clean energy innovations; (v) methods to facilitate climate resilience in
3943   disadvantaged and low-income communities; and (vi) methods to promote climate resilience in
3944   rural and coastal communities.
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3945  (c) Not later than January 1, 2027, the executive office of energy and environmental
3946   affairs shall submit a report of its findings and any recommendations for legislation to the clerks
3947   of the house of representatives and the senate, the joint committee on financial services and the
3948   house and senate committees on ways and means.
3949  SECTION 76D. (a) There shall be established a task force to conduct a comprehensive
3950   study on the most effective and efficient means of implementing a cistern program across the
3951   commonwealth. The task force shall study: (i) the costs of a cistern program; (ii) alternatives for
3952   developing water storage cisterns for areas of the commonwealth with insufficient water supplies
3953   for fire suppression; and (iii) prioritization of cistern locations at the urban-wildland interface
3954   and in rural communities where water resources for use by the fire service to combat fires are
3955   limited.
3956  (b) The task force shall consist of the following 9 members: the state fire marshal or a
3957   designee, who shall serve as chair; the director of the Massachusetts emergency management
3958   agency or a designee; the commissioner of the department of environmental protection or a
3959   designee; 1 member of the board of Building standards and regulations; the chief fire warden of
3960   the department of conservation and recreation; a representative from the Fire Chiefs Association
3961   of Massachusetts; 1 rural firefighter from a community lacking adequate water supply to be
3962   appointed by the Massachusetts Call/Volunteer Firefighters Association; and 2 non-voting
3963   advisory members, 1 of whom shall be appointed by the speaker of the house of representatives
3964   and 1 of whom shall be appointed by the president of the senate.
3965  (c) The study shall include, but shall not be limited to: (i) input and recommendations
3966   from the appropriate municipal representatives from communities with documented water access
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3967   challenges for fire suppression; (ii) an evaluation of the optimal placement of cisterns based on
3968   fire risk and water access; (iii) ensuring that any cistern deployment strategy shall be based on
3969   data-driven decision-making and informed by industry best practices and codes and standards set
3970   for in NFPA 1141 and NFPA 1142; (iv) opportunities for cistern alternatives, including dry
3971   hydrants and related infrastructure; and (v) the cost for the construction, installation and
3972   maintenance of 10 water storage cisterns, dry hydrants and related water infrastructure per year,
3973   at the wildland-urban interface and rural and urban communities throughout the commonwealth.
3974  (d) The task force shall report on its activities and on any findings and recommendations
3975   for a statewide firefighting cistern program, including, but not limited to: (i) identification of
3976   priority areas for installation; (ii) potential costs and funding sources; and (iii) regulatory or
3977   legislative changes necessary to facilitate implementation. Not later than December 31, 2027, the
3978   task force shall submit its report to the secretary of the executive office of public safety and
3979   security; joint committee on public safety and homeland security; and the clerks of the house of
3980   representatives and the senate.
3981  SECTION 76E. The Massachusetts Department of Transportation shall review and issue
3982   a report on existing roadway lighting and lighting operational costs. The report shall include a
3983   review of standards and other criteria for roadway lighting and an analysis of lighting operational
3984   costs; a review of roadway lighting’s impact on human health, human safety, and environmental
3985   impact; actions taken by the department to comply with current standards; procedures and
3986   accepted best practices relative to roadway lighting; and recommendations for reducing lighting
3987   operational costs through the replacement of existing high-wattage, unshielded fixtures with
3988   lower-wattage, fully shielded fixtures and the replacement of unnecessary roadway lighting with
3989   the installation of passive safety measures. The Massachusetts Department of Transportation
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3990   shall issue its report to the department of energy resources and the clerks of senate and the house
3991   of representatives not later than January 1, 2027.
3992  SECTION 77. Notwithstanding any general or special law to the contrary, the
3993   unexpended and unencumbered balances of the bond-funded authorizations in the following
3994   accounts shall cease to be available for expenditure 180 days after the effective date of this act:
3995   2500-7024, 2850-9951, 2840-8963, 2850-6967, 2820-1420, 2840-7993, 2800-2012, 2800-2013,
3996   2800-2014, 2800-2019, 2820-2011, 2820-2012, 2840-2013, 2840-2014, 2840-2018, 2840-2019,
3997   2840-2023, 2890-2023, 2890-2040, 2800-7013, 2800-7018, 2800-7016, 2800-7011, 2800-7012,
3998   2800-7015, 2800-7017, 2800-7019, 2800-7022, 2800-7097, 2800-7098, 2840-7014, 2840-7017,
3999   2890-7010, 2890-7011, 2810-7872, 2810-8802, 2800-7035, 2800-7031, 2800-7108, 2840-7026,
4000   2840-7027, 6720-1336, 2840-7024, 2890-7035, 2800-7020, 9300-3909, 9300-7909, 9300-7010,
4001   2000-6966, 2000-6967, 2000-6969, 2000-2010, 2000-2011, 2000-2012, 2000-2014, 2000-2015,
4002   2000-2016, 2000-2018, 2000-2019, 2000-2020, 2000-2021, 2000-2022, 2000-2023, 2000-2024,
4003   2000-2025, 2000-2026, 2000-2017, 2000-2035, 2000-2028, 2000-2029, 2000-7013, 2000-7014,
4004   2000-7015, 2000-7016, 2000-7018, 2000-7023, 2000-7024, 2000-7025, 2000-7052, 2000-7054,
4005   2000-7057, 2000-7056, 2000-7051, 2000-7029, 2000-7053, 2000-7070, 2000-7028, 2000-7031,
4006   2000-7055, 2000-7059, 2000-7062, 2000-7063, 2000-7135, 2000-7081, 2240-8820, 2250-8820,
4007   2250-8822, 2200-7991, 2200-2011, 2200-2012, 2200-2013, 2200-2014, 2200-2015, 2200-2016,
4008   2200-2017, 2200-2018, 2200-2019, 2200-7011, 2200-7013, 2200-7017, 2200-7018, 2200-7020,
4009   2200-7025, 2300-2010, 2300-2011, 2300-2012, 2300-2014, 2300-2016, 2300-2017, 2300-7018,
4010   2300-7010, 2300-7011, 2300-7015, 2300-7016, 2300-7020, 2300-7021, 2300-7025
4011  SECTION 78. Notwithstanding any general or special law to the contrary, to meet the
4012   expenditures necessary in carrying out sections 2 to 2D, inclusive, the state treasurer shall, upon
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4013   receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to
4014   be specified by the governor from time to time but not exceeding, in the aggregate,
4015   $2,543,457,500. All bonds issued by the commonwealth, as aforesaid, shall be designated on
4016   their face “An Act to Build Resilience for Massachusetts Communities” and shall be issued for a
4017   maximum term of years, not exceeding 20 years, as the governor may recommend to the general
4018   court pursuant to section 3 of Article LXII of the Amendments to the Constitution; provided,
4019   however, that all such bonds shall be payable not later than June 30, 2052. All interest and
4020   payments on account of principal on such obligations shall be payable from the General Fund.
4021   Bonds and interest thereon issued under the authority of this section shall, notwithstanding any
4022   other provision of this act, be general obligations of the commonwealth.
4023  SECTION 79. Notwithstanding any general or special law to the contrary, to meet the
4024   expenditures necessary in carrying out section 2E, the state treasurer shall, upon receipt of a
4025   request by the governor, issue and sell bonds of the commonwealth in an amount to be specified
4026   by the governor from time to time but not exceeding, in the aggregate, $385,000,000. All bonds
4027   issued by the commonwealth, as aforesaid, shall be designated on their face “An Act to Build
4028   Resilience for Massachusetts Communities” and shall be issued for a maximum term of years,
4029   not exceeding 20 years, as the governor may recommend to the general court pursuant to section
4030   3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds
4031   shall be payable not later than June 30, 2052. All interest and payments on account of principal
4032   on such obligations shall be payable from the General Fund. Bonds and interest thereon issued
4033   under the authority of this section shall, notwithstanding any other provision of this act, be
4034   general obligations of the commonwealth.
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4035  SECTION 80. Notwithstanding any general or special law to the contrary, to meet the
4036   expenditures necessary in carrying out sections 2F to 2G, inclusive, the state treasurer shall, upon
4037   receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to
4038   be specified by the governor from time to time but not exceeding, in the aggregate,
4039   $150,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their
4040   face “An Act to Build Resilience for Massachusetts Communities” and shall be issued for a
4041   maximum term of years, not exceeding 30 years, as the governor may recommend to the general
4042   court pursuant to section 3 of Article LXII of the Amendments to the Constitution; provided,
4043   however, that all such bonds shall be payable not later than June 30, 2062. All interest and
4044   payments on account of principal on such obligations shall be payable from the General Fund.
4045   Bonds and interest thereon issued under the authority of this section shall, notwithstanding any
4046   other provision of this act, be general obligations of the commonwealth.
4047  SECTION 81. Not later than January 1, 2027, the secretary of energy and environmental
4048   affairs, in consultation with the secretary of housing and livable communities and the
4049   commissioner of environmental protection, for the purposes of sections 15, 33 and 55, shall issue
4050   guidelines and identify housing types that are considered priority housing projects.
4051  SECTION 82. Not later than January 1, 2027, the secretary of energy and environmental
4052   affairs, in consultation with the commissioner of environmental protection, shall issue guidelines
4053   necessary pursuant to sections 15, 33 and 55 for nature-based solutions projects.
4054  SECTION 83. Not later than December 1, 2026, the department shall convene the air
4055   quality advisory committee, established in section 11.
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4056  SECTION 84. Not later than June 30, 2027, the first report required pursuant to
4057   subsection (d) of section 18B of chapter 21A, inserted by section 11, shall be submitted.
4058  SECTION 85. (a) Not later than January 1, 2027, the secretary of energy and
4059   environmental affairs shall establish standards and guidelines pursuant to section 36.
4060  (b) Not later than January 1, 2027, the department of environmental protection and
4061   executive office of energy and environmental affairs shall propose regulations pursuant to
4062   section 36.
4063  SECTION 85A. Not later than January 1, 2027, the department of public utilities shall,
4064   subject to its ratemaking authority, develop a rate for unmetered roadway or parking-lot lighting
4065   fixtures that utilize less than 25 watts of electricity that is reflective of the actual cost of service
4066   for fixtures of that wattage.
4067  SECTION 85B. Not later than August 1, 2027, the department, in consultation with the
4068   Massachusetts Department of Transportation and the executive office of public safety and
4069   security, shall promulgate regulations governing the use of state or municipal funds.
4070  SECTION 85C. (a) Initial plans for mattress stewardship programs under subsection (c)
4071   of section 32 of chapter 21A of the General Laws, inserted by section 11A, shall be submitted to
4072   the department of environmental protection not later than 1 year after the effective date of this
4073   act.
4074  (b) A stewardship organization shall implement a mattress stewardship program as
4075   described in an initial plan submitted pursuant to subsection (c) of said section 32 of said chapter
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4076   21A not later than 1 year after the date that the initial plan is approved by the department of
4077   environmental protection.
4078  SECTION 86. Section 4 shall take effect on July 1, 2028.
4079  SECTION 87. Sections 8, 16 through 22, inclusive, 38 through 40, inclusive, 44, 49, 56
4080   through 60, inclusive, and 66 shall take effect 90 days after the effective date of this act.
4081  SECTION 88. Sections 14 and 65 shall take effect on July 1, 2026.
4082  SECTION 88A. Sections 22A, 22B, 22C and 22D shall take effect for tax years
4083   beginning on or after January 1, 2027.
4084  SECTION 89. Section 37 shall take effect 10 years after the effective date of this act.
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