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Budget Recommendations
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Outside Section 35
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Department of Environmental Protection Fund
SECTION 35.
Subsection (d) of section 18 of chapter 21A of the General laws, as so appearing, is hereby amended by inserting after clause (5) the following new clauses:-
(6) Notwithstanding the requirements of clauses (1) through (4), the department and a permit applicant may agree upon appropriate fees, related funding and schedules for projects meeting the criteria in clauses (1) and (2) or for projects determined by the commissioner to be of significant environmental interest to the commonwealth or that are consistent with sustainable development principles. With input from the advisory committee the department shall establish guidelines for the implementation of this subsection, including ensuring consideration of the allocation of department permitting resources and whether the project serves a significant public interest, and offers opportunities to restore, protect, conserve or enhance natural resource. All amounts received by the department for said projects shall be deposited in the fund established in clause (7) and may expended by the department in accordance with the requirements of clause (7).
(7) There shall be established and set up on the books of the commonwealth a separate trust to be know as the department of environmental protection's Special Projects Permitting and Oversight Fund. There shall be credited to the fund all amounts received by the department from permit applicants for projects identified in clause (6). All amounts credited to the fund may be expended by the department without further appropriation for the purpose of permitting, technical assistance, compliance, other related activities associated with said projects, including all direct and indirect costs of department personnel or contractors. With agreement of the project applicants, any amount credited to the fund in excess of the amount expended to complete the department's permitting, technical assistance, compliance, or other related activities associated with said projects, may be retained in the fund. Such funds may be expended by the department to support projects in economically distressed areas. An economically distressed area is an area or municipality that has been designated as an economic target area, or that would otherwise meet the criteria for such designation pursuant to section 3D of chapter 23A. The department's expenditure of said amounts shall be in accordance with relevant state law applicable to the expenditure and record keeping of state funds and shall be subject to audit by the state auditor.
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