FY09 Budget Amendments -- Environmental Affairs


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ENV 207 FELLS STAFFING Ms. Jehlen moved that the bill be amended, in Section 2, in item 2810-0100, by inserting after the words “Schooner Ernestina Commission”, the following:-“provided further, that $185,737 shall be expended for staffing at Middlesex Fells Reservation” ENV 208 OFFICE OF DAM SAFETY Mr. Pacheco moved that the bill be amended, in Section 2, in item 2800-0700 by inserting after the words “public safety” the following:- “provided further that no less than $500,000 shall be directed toward the hiring of 8 unit 9 bargaining unit employees and provided further, that the department shall file a report with the house and senate committees on ways and means not later than December 15, 2008, that shall include, but not be limited to, the following: (a) the number of staff that are assigned from this item and their job title, (b) the number of dam inspections that are scheduled for fiscal year 2009, and (c) the number of dams that are in need of repairs or need to be replaced” and also striking out the figure “$1,035,428” and inserting in place thereof the following figure:- “$1,445,000”. ENV 209 RIVERWAYS PROGRAM Mr. Pachecoand Ms. Resor moved that the bill be amended, in Section 2, in item 2300-0101, by striking out the figure “$604,217” and inserting in place thereof the following figure: - “$650,000”. Redraft ENV 210 DAIRY FARM TAX CREDIT Mr. Rosenberg moved that the bill be amended by adding after Section __, the following new section:- SECTION 1. Section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by inserting after subsection (l) the following section:- (m)(1) There shall be established a dairy farmer tax credit program under which a taxpayer who holds a certificate of registration as a dairy farmer pursuant to section 16A of chapter 94 may be allowed a refundable income tax credit based on the amount of milk produced and sold. The credit shall be claimed against the taxes due pursuant to chapter 62. The credit shall be established to offset the cyclical downturns in milk prices paid to dairy farmers and shall be based on the United States Federal Milk Marketing Order for the applicable market such that when the United States Federal Milk Marketing Order price drops below a trigger price anytime during the taxable year said taxpayer receives the tax credit. (2) The commissioner of agricultural resources, in consultation with the commissioner of revenue, shall promulgate regulations to implement the provisions of this subsection, including the establishment of the trigger price, which must consider the operating costs of milk production including hired labor and some portion of the value of unpaid labor, and the amount of the tax credit which shall be based upon volume of milk production. (3) The total value of the tax credits paid pursuant to this section and section 38U of chapter 63 shall not exceed 4 million dollars annually as adjusted for inflation beyond the year in which this subsection is enacted. The inflation adjustment shall be made a part of the regulations promulgated pursuant to this section. (4) If the amount of the credit allowed hereunder exceeds the taxpayer’s liability, the commissioner of revenue shall treat such excess as an overpayment and shall pay the taxpayer 90 per cent of the amount of such excess, without interest. The commissioner of agricultural resources shall certify to the department of revenue that dairy farmers claiming credits have met the eligibility requirements provided in this subsection and the amount of credit to which each eligible applicant is entitled. (5) The credit allowed pursuant to this subsection must be reviewed by the department of agricultural resources after it has been in place for two taxable years. SECTION 2. Subsections (a) and (b) of section 6L of chapter 62 are hereby amended by striking out the subsections in their entirety and inserting in place thereof the following:- (a) This section shall apply to credits earned under subsections (l) and (m) of section 6. (b) At the written election of a taxpayer entitled to a credit under subsections (l) and (m) of section 6, the commissioner shall apply the credit against the liability of the taxpayer as determined on its return, as first reduced by any other available credits, and shall then refund to the taxpayer 90 per cent of the balance of the credits. SECTION 3. Subsections (a) and (b) of section 32E of chapter 63 are hereby amended by striking out the subsections in their entirety and inserting in place thereof the following:- (a) This section shall apply to credits earned under sections 38T and 38U. (b) At the written election of a taxpayer entitled to a credit under sections 38T and 38U, the commissioner shall apply the credit against the liability of the taxpayer as determined on its return, as first reduced by any other available credits, and shall then refund to the taxpayer 90 per cent of the balance of credits. SECTION 4. Chapter 63 of the General Laws, as so appearing, is hereby amended by inserting after section 38T the following section:- Section 38U. (a) There shall be established a dairy farm tax credit program under which a domestic or foreign corporation that holds a certificate of registration as a dairy farm pursuant to section 16A of chapter 94 may be allowed a refundable income tax credit based on the amount of milk produced and sold. The credit shall be claimed against the taxes due pursuant to this chapter. The credit shall be established to offset the cyclical downturns in milk prices paid to dairy farmers and shall be based on the United States Federal Milk Marketing Order for the applicable market such that when the United States Federal Milk Marketing Order price drops below a trigger price anytime during the taxable year said domestic or foreign corporation receives the tax credit. (b) The commissioner of agricultural resources, in consultation with the commissioner of revenue, shall promulgate regulations to implement the provisions of this section, including the establishment of the trigger price, which must consider the operating costs of milk production including hired labor and some portion of the value of unpaid labor, and the amount of the tax credit which shall be based upon volume of milk production. (c) The total value of the tax credits paid pursuant to this section and subsection (m) of section 6 of chapter 62 shall not exceed 4 million dollars annually as adjusted for inflation beyond the year in which this subsection is enacted. The inflation adjustment shall be made a part of the regulations promulgated pursuant to this section. (d) If the amount of the credit allowed hereunder exceeds the taxpayer’s liability, the commissioner of revenue shall treat such excess as an overpayment and shall pay the taxpayer 90 per cent of the amount of such excess, without interest. The commissioner of agricultural resources shall certify to the department of revenue that dairy farms claiming credits have met the eligibility requirements provided in this subsection and the amount of credit to which each eligible applicant is entitled. (e) The credit allowed pursuant to this subsection must be reviewed by the department of agricultural resources after it has been in place for two taxable years. ENV 211 GILL CEMETERY Mr. Rosenberg moved that the bill be amended, in Section 2, in item 2200-0100, by adding the following:- “provided further, that not less than $30,000 be expended for erosion protection at the Center Cemetery in the Town of Gill”; ENV 212 NATURAL HERITAGE & ENDANGERED SPECIES PROGRAM Mr. Brewer, Ms. Resor, Ms. Creem, Ms. Tucker, Mr. Rosenberg, Mr. Marilli, Mr. Augustus, and Mr. O'Leary moved that the bill be amended, in Section 2, by inserting after item 2310-0200 the following item:- “2310-0300 For the operation of the natural heritage and endangered species program……………………………….$250,000” ENV 213 AMELIA EARHART DAM STUDY Messrs. Marzilli, Tolman, Galluccio and Ms. Jehlen moved that the bill be amended, in Section 2, in item 2800-0700 by adding at the end thereof the following:- “provided further, that not less than $140,000 shall be expended for a hydraulic study of increasing the pumping capacity of the Amelia Earhart Dam on the Mystic River.” ENV 214 WITHDRAWN ENV 215 BACK RIVER LINKED TRAIL Mr. Hedlund moved that the bill be amended, in Section 2, in item 2820-0100, by inserting the following wording:- “provided further, that not less than $250,000 shall be expended for the linked trail system for local and state parks along the Back River in the towns of Weymouth and Hingham;” ENV 216 HINGHAM HARBOR DREDGING Mr. Hedlund moved that the bill be amended, in Section 2, in item 2850-0100, by inserting the following wording:- “provided further, that not less than $2,210,000 be expended for the dredging of Hingham Harbor in the town of Hingham:” ENV 217 HULL LAND CONSERVATION TRUST Mr. Hedlund moved that the bill be amended, in Section 2, in item 2820-0100, by inserting the following wording:- “provided further, that not less than $735,000 shall be expended for the Hull Land Conservation Trust for the purposes of protecting wildlife and providing public access to conservation and passive recreation areas in the town of Hull;” ENV 218 PUBLIC SAFETY EXPENSES AT DCR RESERVATION Mr. Hedlund moved that the bill be amended, in Section 2, in item 2810-0100, by inserting the following wording:- ““provided further, that not less than $200,000 be expended to the town of Hull for Police, Fire and Ambulance expenses associated with the Nantasket Beach Reservation.” ENV 219 RESTORING THE NORTH AND SOUTH RIVERS Mr. Hedlund moved that the bill be amended, in Section 2, in item 2800-0500, by inserting the following wording:- “provided further, that not less than $75,000 shall be expended for the North and South Rivers Watershed Association for the purposes of restoring the North and South rivers and their tributaries to meet clean water act standards;” Redraft ENV 220 BRENDA DUNKER MEMORIAL BENCH Mr. Hedlund moved that the bill be amended, in Section 2, in item 2800-0100, by inserting the following wording:- “provided further, that a bench may be erected within Webb Memorial State Park in memory of Brenda Dunker in honor of her life as a selfless volunteer for many worthy causes and for the gardening enthusiasm and skills she graciously displayed in enhancing the beauty and prestige of Webb Memorial State Park; provided further, that a suitable marker bearing this designation shall be placed on the memorial bench by the department of conservation and recreation in compliance with the standards of the department;” ENV 221 INVASIVE AQUATIC WEED ERADICATION Ms. Fargo moved that the bill be amended, in Section 2, in item 2820-0100, by adding at the end thereof the following:- “provided further, that not less than $25,000 shall be expended for the eradication of invasive aquatic weeds in the town of Lincoln”; ENV 222 MILFORD FINO FIELD COMPLEX Mr. Moore moved that the bill be amended, in Section 2, in item 7007-0900, by adding at the end thereof the following:- “provided further, that not less than $100,000 shall be expended for a grant for the Fino Field Complex in Milford” and in said item, by striking out the figure “$19,202,209” and inserting in place thereof the following figure:- “$19,302,209". ENV 223 WEBSTER LAKE SEDIMENT CONTROL Mr. Moore moved that the bill be amended, in Section 2, in item 2200-0100, by adding at the end thereof the following:- “provided further, that $168,000 shall be expended for sediment control in Lake Webster;” and in said item, by striking out the figure “$35,641,864” and inserting in place thereof the following figure:- “$35,809,864”. ENV 224 DCR PARKS Mr. Baddour moved that the bill be amended, in Section 2, in item 2810-0100, by striking out the figure “$22,696,714” and inserting in place thereof the following figure:- “$25,358,031” ENV 225 SALISBURY BEACH RESERVATION Mr. Baddour moved that the bill be amended by adding the following new Section: “SECTION ___. Chapter 10 of the General Laws is hereby amended by inserting after section 69 the following section:- Section 69 A. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Salisbury Beach Preservation Trust Fund, to be used without further appropriation, for purpose of the long term preservation and maintenance of Salisbury Beach. Any unexpected balance in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year. (b) Notwithstanding any general or special law to the contrary, the department of conservation and recreation shall impose a surcharge of $2 upon each fee charged and collected for admission to and parking in the Salisbury Beach Reservation. These additional monies collected from the surcharge shall be deposited into the Salisbury Beach Preservation Trust Fund.’ ENV 226 CENTER ON GLOBAL WARMING AND CLIMATE CHANGE Mr. Pacheco moved that the bill be amended, in Section 2, in item 2000-0100 by inserting after the word “Initiative;” the following:- “provided further that not less than $250,000 shall be expended for the creation of a Center on Global Warming and Climate Change at the University of Massachusetts Dartmouth and further provided that funds from said appropriation shall be used to conduct a study on Climate Change by said Center;” ENV 227 INVASIVE AQUATIC SPECIES Ms. Spilka and Mr. Brown move that the bill be amended, in Section 2, in item 2810-0100, by inserting at the end thereof the following wording:- “; provided further, that not less than $100,000 be expended for eradication of invasive aquatic species in Lake Cochituate State Park”. ENV 228 LAKE MASPENOK DAM Ms. Spilka and Mr. Moore move that the bill be amended, in Section 2, in item 2810-0100, by inserting at the end thereof the following wording:- “; provided further, that not less than $100,000 shall be expended for a grant to the town of Hopkinton for the North Pond Dam/Lake Maspenock Dam located in the towns of Hopkinton, Milford, and Upton”. ENV 229 BASHARA BOATHOUSE Ms. Tucker moved that the bill be amended, in Section 2, in item 2820-0100, by inserting after the words “city of Boston;” the following:- “provided further, that not less than $60,000 shall be expended to repair the Abe Bashara Boathouse in the city of Lawrence;” ENV 230 THOMPSON CENTER ROOF REPAIR Ms. Walsh moved that the bill be amended, in Section 2, in item 2810-0100, by inserting after the word “Commission” the following: “and provided that $65,000 shall be expended for roof repair and maintenance at the Thompson Center in the Hyde Park section of the City of Boston; and by striking out the figure “$22,696,714” and inserting in place thereof the following figure “$22,761,714.” ENV 231 DCR HISTORIC CURATORSHIP PROGRAM Messrs. Augustus, Tarr, Joyce, and Hedlund moved that the bill be amended by inserting, after Section XX, the following new section:- Section XX. Section 44 of chapter 85 of the acts of 1994, as amended by section 50 of Chapter 15 of the Acts of 1996, and as further amended by section 19 of Chapter 23 of the Acts of 2002, is hereby further amended by inserting after the words “Mount Greylock state reservation” the following words:- , Wilbur Farmhouse and Barn at Borderland state park, Whitehead House at Willowdale state forest, Kerighan House at Bradley Palmer state park, Police Station, Dormitory, Laundry and Waiting Room structures at Nantasket Beach reservation, Caretaker’s Cottage and the Barn at Brookwood Farm in the Blue Hills reservation, 1 Woodland Road in the Middlesex Fells reservation, Print Shop at the Brook Farm Historic Site in West Roxbury, Carriage House at Havey Beach in West Roxbury, CCC Camp in Upton state forest, Teahouse and Boathouse in Maudsley state park. ENV 232 An Amendment Relative to Emergency Food Assistance Mr. Tarr moved that the bill be amended, in Section 2, in item 2511-0105, by striking out the figures “$12,000,000” and inserting in place thereof the figures “$12,600,000”. ENV 233 An Amendment Relative to the Massachusetts Bays Program Mr. Tarr moved that the bill be amended, in Section 2, in item 2000-0100, by inserting after the words “Cape Cod bay sanctuary program” the words“and provided further, that not lass than $75,000 shall be expended for the Massachusetts bays program to match the funding provided to the program through a federal grant”; and in said item by striking out the figures “7,236,256” and inserting in place thereof the figures “7,311,256”. ENV 234 An Amendment Relative to Regional Sand Management Mr. Tarr moved that the bill be amended, in Section 2, in item 2800-0100, by inserting at the end the following words:- “provided further, that the department shall develop a sand management plan for the coastal zone extending from Cape Ann to Salisbury and shall seek and available federal funds to defray the costs of doing so. ENV 235 COMMUNITY PRESERVATION Mr. Hedlund moved that the bill be amended by inserting, after Section 90, the following new Section:- “SECTION _____. Paragraph (b) subsection 2 of section 5 of chapter 44B of the General Laws is hereby amended by striking out the words “for the acquisition, creation and preservation of land for recreational use” and inserting in place thereof the following words:- “for the acquisition, creation, regeneration, rehabilitation, restoration and preservation of land for recreational use.” ENV 236 WITHDRAWN ENV 237 CAPE COD BAY PROGRAM Mr. O'Leary moved that the bill be amended, in Section 2, in item 2000-0100, by striking the figure “$100,000” and inserting in place thereof the figure:- “$150,000”. ENV 238 LOCAL ENVIRONMENTAL PROTECTION Mr. O'Leary moved that the bill be amended, in Section 2, in item 2810-0100, by inserting at the end thereof the following:- “provided further, that not less two full-time employees shall be assigned to work at the Manuel F. Correllus State Forest on Martha's Vineyard and the Nantucket State Forest”. ENV 239 MARTHA'S VINEYARD COMMISSION Mr. O'Leary moved that the bill be amended, in Section 2, in item 2800-0100, by adding at the end thereof the following:- “; provided further, that not less than $60,000 be expended for the Martha’s Vineyard Commission”. ENV 240 WITHDRAWN ENV 241 DEPARTMENT OF PUBLIC UTILITIES OPERATING BUDGET Mr. Morrissey moved that the bill be amended, in Section 2, in item 2100-0012, by striking out the figure “$6,401,534” and inserting in place thereof the following figure:-“$6,618,993” ENV 242 HOLBROOK PARK COMPLEX Mr. Morrissey moved that the bill be amended, in Section 2, in item 2810-0100, by inserting after the words “Schooner Ernestina Commission;” the following:- provided further, that not less than $200,000 shall be expended for the town of Holbrook. ENV 243 SQUANTUM POINT PARK Mr. Morrissey moved that the bill be amended, in Section 2, in item 2810-1000, by inserting after the words, “Schooner Ernestina Commission” the following:-“provided further, that not less than $20,000 shall be expended for Squantum Park in the city of Quincy.” ENV 244 DRINKING WATER REVOLVING FUND Messrs. Moore, Augustus, Hedlund, Rosenberg, Timility, Tarr, Knapik and Ms. Resor and Spilka moved that the bill be amended by inserting, after Section____, the following new Section:- "SECTION___. Notwithstanding any general or special law to the contrary, not less than 10 days after the effective date of this act, the comptroller shall transfer $4,250,000 from the General Fund to the Drinking Water Revolving Fund, established pursuant to Chapter 78 of the Acts of 1998." EHS 245 ENVIRONMENTAL HEALTH SERVICES Ms. Resor, Ms. Fargo, Mr. Morrissey, and Mr. Augustus moved that the bill be amended, in Section 2, in item 4510-0600, by striking out the figure “$4,023,923” and inserting in place thereof the following item:- “$4,217,201”. Redraft ENV 246 WATER INFRASTRUCTURE FINANCE COMMISSION Ms. Resor, Ms. Spilka, Messrs. Hedlund, Marzilli, Augustus, and Creedon move to amend the bill by inserting after Section 85, the following new Section:- “SECTION XX: a) There is hereby established a Special Water Infrastructure Finance Commission to develop a comprehensive, long-range water infrastructure finance plan for the Commonwealth and its municipalities. b) The Commission shall have 17 members to each serve until the completion of a long-range infrastructure finance plan, including the following: 9 members to be appointed by the governor who shall not be employees of the executive branch and who shall reside in different geographic regions of the Commonwealth, one of whom shall be a representative of the American Council of Engineering Companies of Massachusetts, a representative of the Utility Contractors Association of New England, a representative of the Massachusetts Water Works Association; a representative of the Massachusetts Municipal Association; a representative of Clean Water Action; a representative of Associated Industries of Massachusetts; a representative of the Environmental League of Massachusetts; a representative of the Conservation Law Foundation; and a representative of the Massachusetts Water Pollution Control Association; each of these organizations shall provide a list of three to five candidates for consideration by the governor; 1 member who shall be the commissioner of DEP or her designee; 1 member who shall be the Treasurer or his designee; 2 members, who shall reside in different geographic regions of the Commonwealth, to be appointed by the president of the senate; 2 members, who shall reside in different geographic regions of the Commonwealth, to be appointed by the speaker of the House of Representatives; 1 member to be appointed by the minority leader of the senate and 1 member to be appointed by the minority leader of the house. Each of the members of the Commission shall be an expert or shall have experience in the fields of law or public policy, water, wastewater or storm water planning, design and construction of water, wastewater or storm water projects, utility management, management consulting or organizational finance. At least one member of the Commission shall have expertise in organizational finance. One of the members appointed by the president of the Senate shall be a state senator and one of the members appointed by the speaker of the House of Representatives shall be a state representative. One of the members appointed by the president of the Senate and one of the members appointed by the speaker of the House of Representatives shall be representatives of planning organizations, environmental consumer organizations or other public interest organizations. The members appointed by the minority leader of the senate and the minority leader of the house shall be representatives of the business community. One of the members shall be appointed by the governor to serve as chairperson of the Commission. The commissioner of DEP or her designee and the Treasurer or his designee shall not serve as chairperson. The members of the Commission shall be appointed no later 90 days after the passage of this act. c) In the course of its deliberations, the Commission shall examine the water infrastructure needs of the Commonwealth for the next 25 years as they relate to the funding gap between the water infrastructure needs of the Commonwealth and the existing, available sources of funding, and provide for additional funding for water infrastructure by increasing investment in critical water, wastewater, storm water and water conservation infrastructure, and to provide for improvements in the handling and management of water programs. The Commission shall also examine the potential threats to public health and public safety from the existing shortfalls in funding for water infrastructure. The Commission shall make a priority of examining the technical and financial feasibility of sustaining, integrating and expanding public water systems, conservation and efficiency programs, wastewater systems and storm water systems of municipalities and the Commonwealth including regional or district systems. Said Commission shall examine and develop recommendations on ways in which the Commonwealth and its municipalities may meet operation and maintenance, and capital improvement and reconstruction needs for the next 25 years, including without limitation recommendations regarding debt reduction, enhancing existing sources of revenues, developing new sources of revenues, establishing new incentives for public-private partnerships in the development of real property resources and funding resources. In addition, the Commission shall examine (1) the expanded use of full accounting systems and enterprise funding, (2) asset management systems and best management practices, (3) consistency with the Massachusetts Water Management Act and the Massachusetts Water Policy, and (4) consistency with existing federal and state funding programs. The Commission shall examine the finances of the various municipalities and regional water districts, including examining state and federal aid levels and make recommendations for improvements to financial policies and procedures. The Commission shall also identify areas where cost savings can be achieved across water agencies via consolidation, coordination and reorganization. The Commission shall examine the projected federal funding, projected state funding, projected local funding, projected fee based funding, debt financing and any other sources of projected funding to finance water infrastructure needs identified by the Commission. d) The Commission shall develop recommendations as to what funding or finance measures the Commonwealth or its municipalities may pursue to satisfy any unmet funding needs identified by the Commission. The recommendation shall also include any recommendation for inter-agency agreements, inter-municipal agreements, consolidations or mergers that will enable the Commonwealth and its municipalities to make the most effective use of its water funding resources. The recommendation of the Commission shall be designed to identify fair and equitable means of financing water infrastructure investments through taxes, fees, user charges, or other sources. e) The Commission may hold public hearings to assist in the collection and evaluation of data and testimony. f) The Commission shall complete a written report detailing its financials relative to identified funding sources, including a draft of any legislation required to implement its recommendations. The Commission shall submit its initial report to the governor, the secretary of environmental affairs, the clerks of the house of representative and the senate, the house and senate committees on ways and means and the joint committee on the environment no later than 2 years after this act becomes law. g) Any research, analysis or other staff support that the Commission reasonably requires shall be provided by the executive office of environmental affairs and its agencies with assistance from the Massachusetts Water Resources Authority.” FURTHER ENV 246.1 WATER INFRASTRUCTURE FINANCE COMMISSION Senator Creedon offered a further amendment to amendment ENV 246 by inserting after the words “by the president of the senate” the following wording:- “, 1 of whom shall be a representative of the Boston Water and Sewer Commission,” ENV 247 STATE PARKS Ms. Resor, Ms. Jehlen, and Messrs. Moore, Joyce, and Augustus moved that the bill be amended, in Section 2, in item 2810-0100, by striking the number “$22,696,714” and inserting in place thereof the following:- “$26,545,320”. ENV 248 DCR ADMINISTRATION Ms. Resor, and Messrs. Moore, and Joyce moved that the bill be amended, in Section 2, in item 2800-0100, by inserting at the end thereof the following:- “; provided further that $583,000 is allocated to completing Resource Management Plans for each and every state park and urban park in Massachusetts.” ENV 249 SPECIALTY FOODS Mr. Pacheco moved that the bill be amended, in Section 2, in item 2511-0100, by inserting at the end thereof:- “and provided further, that not less than $10,000 shall be made available to the Massachusetts Specialty Foods Association.” ENV 250 AQUATIC MANAGEMENT LAKE WYOLA Mr. Rosenberg moved that the bill be amended, in Section 2, in item 2800-0100, by adding the following:- “provided further that not less than $150,000 shall be expended to the town of Shutesbury for the purpose of aquatic management for Lake Wyola”; ENV 251 DCR URBAN PARKS Messrs. Petruccelli, Morrissey, McGee and Jehlen moved that the bill be amended, in Section 2, in item 2820-0100, by striking out the figure “$26,981,754” and inserting in place thereof the following figure:-“$29,917,828”. ENV 252 DCR URBAN PARKS Ms. Walsh and Mssrs. Marzilli, Joyce, Hart and Augustus moved that the bill be amended, in Section 2, in item 2820-0100, by striking out the figure "$26,981,754" and inserting in place thereof the figure "$31,356,462". ENV 253 HILL PARK AND W.G. REINSTEIN RECREATION COMPLEX Mr. Petruccelli moved that the bill be amended, in Section 2, in item 2820-0100, by adding the following: “; and provided further that not less $150,000 shall be expended for the Hill Park and the William G. Reinstein Recreation Complex in the City of Revere”; Redraft ENV 254 MOSQUITO CONTROL GROUPS Messrs. O'Leary , Fargo, Pacheco, Moore, Montigny and Tarr moved that the bill be amended by adding at the end thereof the following section:- SECTION __. Chapter 252 of the General Laws is hereby amended by inserting after Section 14D following new section: Section 14E Whereas mosquito control projects and mosquito control districts are solely funded by member towns and cities, mosquito control projects and mosquito control districts shall have sole authority in all personnel decisions, including but not limited to the following: hiring and firing of personnel, the establishment of rates of compensation for personnel representative of the regional economy, the hiring of appropriate outside professionals deemed necessary to carry out and fulfill statutory obligations. ENV 255 MYSTIC MASTER PLAN Ms. Jehlen and Mr. Galluccio moved that the bill be amended, in Section 2, in item 2800-0101 by inserting at the end the following:- “that not less than $200,000 shall be expended for the Mystic River Master Plan”. ENV 256 ALEWIFE DREDGING Mr. Marzilli moved that the bill be amended, in Section 2, in item 2800-0401, by inserting after the words “emergency repairs to roadway drainage” the following:- “provided further, that not less than $300,000 shall be expended for dredging of Alewife Brook” and in said item striking out the figures “944,643” and inserting in place thereof the figures “1,244,643”. ENV 257 DIVISION OF ENERGY RESOURCES Mr. Tisei moved that the bill be amended, in Section 2, in item 7006-1000, by striking out the figure “$1,714,580” and inserting in place thereof the following figure:- “1,027,121”. ENV 258 HEALTHY AND SAFE COMMUNITIES IN THE COMMONWEALTH Mr. Creedon and Ms. Fargo moved that the bill be amended, in Section 2, in item 2100-0014, by striking the line item in its entirety. Redraft ENV 259 POWER FACILITIES SITING Messrs. Creedon and Joyce and Montigny and Brown and Timilty moved that the bill be amended by insert, after Section 90, the following new Section:- SECTION__. Notwithstanding any general or special law, rule or regulation to the contrary, in the city of Brockton, or in the towns of West Bridgewater, East Bridgewater, Easton and Walpole, no fossil fuel electric power facilities or facility shall be located in an area which is less than 1 mile in linear distance from a playground, licensed day-care center, school, church, area of critical environmental concern, as determined by the secretary of environmental affairs pursuant to 301 CMR 12.00, or an area occupied by residential housing. Said linear distance shall be measured from the outermost perimeter of such facility to the outermost point of the aforementioned zones; provided, however that any such facility in operation on January 1, 2007, shall not be subject to this act. For the purpose of this section, “fossil fuel electric power facilities or facility” shall be defined as any electric generating power plant that is fueled in whole or in part, by coal, oil or natural gas ENV 259.1 Energy Facilities Siting Commission Ms. Tucker, Ms. Wilkerson, and Messrs. Marzilli, O’Leary, and Brewer moved that amendment #259 be further amended by adding the following section:- “Section 2. There is hereby established a special commission on fossil fuel energy generation facilities and fossil fuel storage siting. For purposes of this section, “fossil fuel” shall mean coal, oil or natural gas. The commission shall be composed of 17 members, including the secretary of energy and environmental affairs who shall chair the commission, the commissioner of energy resources, the commissioner of environmental protection, 3 members of the senate, 1 of whom shall be the senate chair of the joint committee on telecommunications, utilities, and energy, 1 of whom shall be the senate chair of the joint committee on the environment, natural resources, and agriculture; 1 of whom shall be appointed by the senate minority leader; 3 members of the house, 1 of whom shall be the house chair of the joint committee on telecommunications, utilities, and energy, 1 of whom shall be the house chair of the joint committee on the environment, natural resources, and agriculture; 1 of whom shall be appointed by the house minority leader; 2 members to be appointed by the governor from an environmental group and 1 from the New England Clean Energy Council who is an energy management services provider; 1 member from the Energy Facilities Siting Board; 1 member appointed by the Massachusetts Municipal Association who shall be a member of a regional planning board; a member to be appointed by the Associated Industries of Massachusetts who is an owner of a fossil fuel energy generating facility; 1 member to be appointed by the public health council; and 1 member to be appointed by the American Lung Association of Massachusetts; and 1 member to be appointed by the Green Justice Research Collaborative at Northeastern University. The commission shall study the siting of fossil fuel energy generation and storage facilities. In reviewing existing procedures, the commission shall consider the power of municipalities to control their own zoning, the demand for energy generation, the economic, public heath, and environmental impacts of fossil fuel energy generation and storage facilities. The commission shall review the respective roles of the state and local governments in this process, including but not limited to the power of the energy facilities siting board to overrule municipal decisions. The commission shall make recommendations on what changes in the siting process should be implemented at both the state and local levels to promote the well being and health of the citizens of the commonwealth, the environment, and other matters of concern to the commission on this issue. The commission shall submit its findings together with any legislative or regulatory recommendations with the clerks of the senate and house of representatives not later than December 31, 2008.” Redraft ENV 260 BEACHES COMMISSION MAINTENANCE Mr. Hart moved that the bill be amended, in Section 2, in item 2800-0500 by inserting the language after the words “metropolitan beaches commission”, “provided that not less than $400,000 is expended for the maintenance of machinery and beach programming.” And Mr. Hart further moves to amend the item by striking the figure “$4,020,000” and inserting in place thereof the following figure “$4,420,000”. ENV 261 RECREATIONAL FACILITY IN TOWN OF WHITMAN Mr. Creedon moved that the bill be amended, in Section 2, in item 2820-0100, by insertin the following language “provided further, tht not less thatn 15,oo shall be expended for a recreational facility adjacent to Memorial Field and the former site of the Holt Elementary School in the Town of Whitman” And Mr Creedon further moves to amend the item by striking the figure “26,981.754” and inserting in place thereof the following figure “26,996,754” ENV 262 RE-DESIGN ALEWIFE LINEAR PARK Mr. Marzilli moved that the bill be amended, in Section 2, in item 2820-9005, by adding the following at the end of the item:- “and provided further, that $30,000 shall be expended on the re-design of Alewife Linear Park in Arlington, Cambridge, Somerville, and Medford.” ENV 263 BLUE HILLS PARK RANGER MOUNTED UNIT Mr. Joyce moved that the bill be amended, in Section 2, in item 2800-0100, by adding the following: “; provided further, that not less than $100,000 shall be expended for the DCR Park Rangers mounted unit in the Blue Hills Reservation” ENV 264 BLUE HILLS PARKWAY SAFETY Mr. Joyce moved that the bill be amended, in Section 2, in item 2820-0100, by adding the following: “; provided further that $450,000 shall be expended for the completion of Phase I of improvements along Blue Hills Parkway, including but not limited to infrastructure and road improvements, signalization, sidewalks, lighting, safety and aesthetic improvements, in the town of Milton” ENV 265 HOUGHTON'S POND ATHETIC FIELDS Mr. Joyce moved that the bill be amended, in Section 2, in item 2820-0110, by inserting the following:- “; provided further, that not less than $600,000 shall be expended for improvements to the Houghton’s Pond athletic fields”. ENV 266 HORIZONS FOR YOUTH Messrs. Joyce and Timilty moved that the bill be amended, in Section 2, in item 2000-0100, by inserting the following:- “; provided further, that not less than $100,000 shall be expended for the replacement of the septic system on the property known as “Horizons for Youth” in the Town of Sharon”. ENV 267 PINE TREE BROOK Mr. Joyce moved that the bill be amended, in Section 2, in item 2800-0101, by adding the following: “; and provided further, that not less than $100,000 shall be expended for Pine Tree Brook in the town of Milton” ENV 268 TRAILSIDE MUSEUM Mr. Joyce moved that the bill be amended, in Section 2, in item 2800-9004, by striking out the figure “$425,000” and inserting in place thereof the following figure:- “$500,000”. ENV 269 NORTH END ATHLETIC ASSOCIATION Mr. Petruccelli moved that the bill be amended, in Section 2, in item 2820-0100, by adding the following: “; and provided further that not less than $25,000 shall be expended for the North End Athletic Association”; ENV 270 An Amendment Relative to Mandates Mr. Tarr moved that the bill be amended, in Section 2, in item 2200-0100, by inserting at the end the following words:- “provided further, that the department shall investigate ways in which to ease the financial burden on municipalities of compliance with both state and federal mandates, whether imposed judicially, statutorily, or through regulation, regarding clean water requirements, including, but not limited to, the extension of time periods for both compliance and financing”. ENV 271 TODDLER PARK WOBURN Ms. Jehlen moved that the bill be amended, in Section 2, in item 2800-0100 by inserting, at the end, the following:- “not less than $150,000 shall be expended for a toddler park in the City of Woburn”. ENV 272 An Amendment Relative to Fishing Regulations Mr. Tarr moved that the bill be amended, in Section 2, in item 2330-0100, by adding at the end the following words:- “provided further, that the division shall continue to develop strategies to improve federal regulations governing the commercial fishing industry so as to promote its sustainability”. ENV 273 WEED ERADICATION IN WAYLAND Mr. Brown moved that the bill be amended, in Section 2, in item 2820-0100, by inserting the following:- “provided further, that not less than $50,000 shall be expended for the eradication of invasive aquatic weeds in the town of Wayland.” ENV 274 STORMWATER REMEDIATION IN SWANSEA Ms. Menard moved that the bill be amended, in Section 2, in item 2800-0101, by adding the following: “provided further, that not less than $35,000 shall be expended for storm water remediation along the Cole River or Lee River by the town of Swansea.” ENV 275 WITHDRAWN Redraft ENV 276 DCR TRANSPORTATION Mr. Hart moved that the bill be amended, in Section 2, in item 2800-0500, “provided that not less than $200,000 be expended to the Department of Conservation and Recreation to facilitate transportation needs on Columbia Road in the South Boston section of the city of Boston.” And Mr. Hart further moves to amend the item by striking the figure “$4,020,000” and inserting in place thereof the following figure “$4,220,000”. 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Amendment Home

ENV 207

FELLS STAFFING

Ms. Jehlen moved that the bill be amended, in Section 2, in item 2810-0100, by inserting after the words “Schooner Ernestina Commission”, the following:-“provided further, that $185,737 shall be expended for staffing at Middlesex Fells Reservation”

ENV 208

OFFICE OF DAM SAFETY

Mr. Pacheco moved that the bill be amended, in Section 2, in item 2800-0700 by inserting after the words “public safety” the following:- “provided further that no less than $500,000 shall be directed toward the hiring of 8 unit 9 bargaining unit employees and provided further, that the department shall file a report with the house and senate committees on ways and means not later than December 15, 2008, that shall include, but not be limited to, the following: (a) the number of staff that are assigned from this item and their job title, (b) the number of dam inspections that are scheduled for fiscal year 2009, and (c) the number of dams that are in need of repairs or need to be replaced” and also striking out the figure “$1,035,428” and inserting in place thereof the following figure:- “$1,445,000”.

ENV 209

RIVERWAYS PROGRAM

Mr. Pachecoand Ms. Resor moved that the bill be amended, in Section 2, in item 2300-0101, by striking out the figure “$604,217” and inserting in place thereof the following figure: - “$650,000”.

Redraft ENV 210

DAIRY FARM TAX CREDIT

Mr. Rosenberg moved that the bill be amended by adding after Section __, the following new section:-

SECTION 1. Section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by inserting after subsection (l) the following section:-
(m)(1) There shall be established a dairy farmer tax credit program under which a taxpayer who holds a certificate of registration as a dairy farmer pursuant to section 16A of chapter 94 may be allowed a refundable income tax credit based on the amount of milk produced and sold. The credit shall be claimed against the taxes due pursuant to chapter 62. The credit shall be established to offset the cyclical downturns in milk prices paid to dairy farmers and shall be based on the United States Federal Milk Marketing Order for the applicable market such that when the United States Federal Milk Marketing Order price drops below a trigger price anytime during the taxable year said taxpayer receives the tax credit.
(2) The commissioner of agricultural resources, in consultation with the commissioner of revenue, shall promulgate regulations to implement the provisions of this subsection, including the establishment of the trigger price, which must consider the operating costs of milk production including hired labor and some portion of the value of unpaid labor, and the amount of the tax credit which shall be based upon volume of milk production.

(3) The total value of the tax credits paid pursuant to this section and section 38U of chapter 63 shall not exceed 4 million dollars annually as adjusted for inflation beyond the year in which this subsection is enacted. The inflation adjustment shall be made a part of the regulations promulgated pursuant to this section.
(4) If the amount of the credit allowed hereunder exceeds the taxpayer’s liability, the commissioner of revenue shall treat such excess as an overpayment and shall pay the taxpayer 90 per cent of the amount of such excess, without interest. The commissioner of agricultural resources shall certify to the department of revenue that dairy farmers claiming credits have met the eligibility requirements provided in this subsection and the amount of credit to which each eligible applicant is entitled.
(5) The credit allowed pursuant to this subsection must be reviewed by the department of agricultural resources after it has been in place for two taxable years.

SECTION 2. Subsections (a) and (b) of section 6L of chapter 62 are hereby amended by striking out the subsections in their entirety and inserting in place thereof the following:-
(a) This section shall apply to credits earned under subsections (l) and (m) of section 6.
(b) At the written election of a taxpayer entitled to a credit under subsections (l) and (m) of section 6, the commissioner shall apply the credit against the liability of the taxpayer as determined on its return, as first reduced by any other available credits, and shall then refund to the taxpayer 90 per cent of the balance of the credits.

SECTION 3. Subsections (a) and (b) of section 32E of chapter 63 are hereby amended by striking out the subsections in their entirety and inserting in place thereof the following:-
(a) This section shall apply to credits earned under sections 38T and 38U.
(b) At the written election of a taxpayer entitled to a credit under sections 38T and 38U, the commissioner shall apply the credit against the liability of the taxpayer as determined on its return, as first reduced by any other available credits, and shall then refund to the taxpayer 90 per cent of the balance of credits.

SECTION 4. Chapter 63 of the General Laws, as so appearing, is hereby amended by inserting after section 38T the following section:-
Section 38U. (a) There shall be established a dairy farm tax credit program under which a domestic or foreign corporation that holds a certificate of registration as a dairy farm pursuant to section 16A of chapter 94 may be allowed a refundable income tax credit based on the amount of milk produced and sold. The credit shall be claimed against the taxes due pursuant to this chapter. The credit shall be established to offset the cyclical downturns in milk prices paid to dairy farmers and shall be based on the United States Federal Milk Marketing Order for the applicable market such that when the United States Federal Milk Marketing Order price drops below a trigger price anytime during the taxable year said domestic or foreign corporation receives the tax credit.
(b) The commissioner of agricultural resources, in consultation with the commissioner of revenue, shall promulgate regulations to implement the provisions of this section, including the establishment of the trigger price, which must consider the operating costs of milk production including hired labor and some portion of the value of unpaid labor, and the amount of the tax credit which shall be based upon volume of milk production.
(c) The total value of the tax credits paid pursuant to this section and subsection (m) of section 6 of chapter 62 shall not exceed 4 million dollars annually as adjusted for inflation beyond the year in which this subsection is enacted. The inflation adjustment shall be made a part of the regulations promulgated pursuant to this section.
(d) If the amount of the credit allowed hereunder exceeds the taxpayer’s liability, the commissioner of revenue shall treat such excess as an overpayment and shall pay the taxpayer 90 per cent of the amount of such excess, without interest. The commissioner of agricultural resources shall certify to the department of revenue that dairy farms claiming credits have met the eligibility requirements provided in this subsection and the amount of credit to which each eligible applicant is entitled.
(e) The credit allowed pursuant to this subsection must be reviewed by the department of agricultural resources after it has been in place for two taxable years.

ENV 211

GILL CEMETERY

Mr. Rosenberg moved that the bill be amended, in Section 2, in item 2200-0100, by adding the following:- “provided further, that not less than $30,000 be expended for erosion protection at the Center Cemetery in the Town of Gill”;

ENV 212

NATURAL HERITAGE & ENDANGERED SPECIES PROGRAM

Mr. Brewer, Ms. Resor, Ms. Creem, Ms. Tucker, Mr. Rosenberg, Mr. Marilli, Mr. Augustus, and Mr. O'Leary moved that the bill be amended, in Section 2, by inserting after item 2310-0200 the following item:- “2310-0300 For the operation of the natural heritage and endangered species program……………………………….$250,000”

ENV 213

AMELIA EARHART DAM STUDY

Messrs. Marzilli, Tolman, Galluccio and Ms. Jehlen moved that the bill be amended, in Section 2, in item 2800-0700 by adding at the end thereof the following:- “provided further, that not less than $140,000 shall be expended for a hydraulic study of increasing the pumping capacity of the Amelia Earhart Dam on the Mystic River.”

ENV 214

WITHDRAWN

ENV 215

BACK RIVER LINKED TRAIL

Mr. Hedlund moved that the bill be amended, in Section 2, in item 2820-0100, by inserting the following wording:-

“provided further, that not less than $250,000 shall be expended for the linked trail system for local and state parks along the Back River in the towns of Weymouth and Hingham;”

ENV 216

HINGHAM HARBOR DREDGING

Mr. Hedlund moved that the bill be amended, in Section 2, in item 2850-0100, by inserting the following wording:-

“provided further, that not less than $2,210,000 be expended for the dredging of Hingham Harbor in the town of Hingham:”

ENV 217

HULL LAND CONSERVATION TRUST

Mr. Hedlund moved that the bill be amended, in Section 2, in item 2820-0100, by inserting the following wording:-

“provided further, that not less than $735,000 shall be expended for the Hull Land Conservation Trust for the purposes of protecting wildlife and providing public access to conservation and passive recreation areas in the town of Hull;”

ENV 218

PUBLIC SAFETY EXPENSES AT DCR RESERVATION

Mr. Hedlund moved that the bill be amended, in Section 2, in item 2810-0100, by inserting the following wording:-

““provided further, that not less than $200,000 be expended to the town of Hull for Police, Fire and Ambulance expenses associated with the Nantasket Beach Reservation.”

ENV 219

RESTORING THE NORTH AND SOUTH RIVERS

Mr. Hedlund moved that the bill be amended, in Section 2, in item 2800-0500, by inserting the following wording:-

“provided further, that not less than $75,000 shall be expended for the North and South Rivers Watershed Association for the purposes of restoring the North and South rivers and their tributaries to meet clean water act standards;”

Redraft ENV 220

BRENDA DUNKER MEMORIAL BENCH

Mr. Hedlund moved that the bill be amended, in Section 2, in item 2800-0100, by inserting the following wording:-
“provided further, that a bench may be erected within Webb Memorial State Park in memory of Brenda Dunker in honor of her life as a selfless volunteer for many worthy causes and for the gardening enthusiasm and skills she graciously displayed in enhancing the beauty and prestige of Webb Memorial State Park; provided further, that a suitable marker bearing this designation shall be placed on the memorial bench by the department of conservation and recreation in compliance with the standards of the department;”

ENV 221

INVASIVE AQUATIC WEED ERADICATION

Ms. Fargo moved that the bill be amended, in Section 2, in item 2820-0100, by adding at the end thereof the following:- “provided further, that not less than $25,000 shall be expended for the eradication of invasive aquatic weeds in the town of Lincoln”;

ENV 222

MILFORD FINO FIELD COMPLEX

Mr. Moore moved that the bill be amended, in Section 2, in item 7007-0900, by adding at the end thereof the following:- “provided further, that not less than $100,000 shall be expended for a grant for the Fino Field Complex in Milford” and in said item, by striking out the figure “$19,202,209” and inserting in place thereof the following figure:- “$19,302,209".

ENV 223

WEBSTER LAKE SEDIMENT CONTROL

Mr. Moore moved that the bill be amended, in Section 2, in item 2200-0100, by adding at the end thereof the following:- “provided further, that $168,000 shall be expended for sediment control in Lake Webster;” and in said item, by striking out the figure “$35,641,864” and inserting in place thereof the following figure:- “$35,809,864”.

ENV 224

DCR PARKS

Mr. Baddour moved that the bill be amended, in Section 2, in item 2810-0100, by striking out the figure “$22,696,714” and inserting in place thereof the following figure:- “$25,358,031”

ENV 225

SALISBURY BEACH RESERVATION

Mr. Baddour moved that the bill be amended by adding the following new Section:

“SECTION ___. Chapter 10 of the General Laws is hereby amended by inserting after section 69 the following section:-

Section 69 A. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Salisbury Beach Preservation Trust Fund, to be used without further appropriation, for purpose of the long term preservation and maintenance of Salisbury Beach. Any unexpected balance in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.

(b) Notwithstanding any general or special law to the contrary, the department of conservation and recreation shall impose a surcharge of $2 upon each fee charged and collected for admission to and parking in the Salisbury Beach Reservation. These additional monies collected from the surcharge shall be deposited into the Salisbury Beach Preservation Trust Fund.’

ENV 226

CENTER ON GLOBAL WARMING AND CLIMATE CHANGE

Mr. Pacheco moved that the bill be amended, in Section 2, in item 2000-0100 by inserting after the word “Initiative;” the following:- “provided further that not less than $250,000 shall be expended for the creation of a Center on Global Warming and Climate Change at the University of Massachusetts Dartmouth and further provided that funds from said appropriation shall be used to conduct a study on Climate Change by said Center;”

ENV 227

INVASIVE AQUATIC SPECIES

Ms. Spilka and Mr. Brown move that the bill be amended, in Section 2, in item 2810-0100, by inserting at the end thereof the following wording:- “; provided further, that not less than $100,000 be expended for eradication of invasive aquatic species in Lake Cochituate State Park”.

ENV 228

LAKE MASPENOK DAM

Ms. Spilka and Mr. Moore move that the bill be amended, in Section 2, in item 2810-0100, by inserting at the end thereof the following wording:- “; provided further, that not less than $100,000 shall be expended for a grant to the town of Hopkinton for the North Pond Dam/Lake Maspenock Dam located in the towns of Hopkinton, Milford, and Upton”.

ENV 229

BASHARA BOATHOUSE

Ms. Tucker moved that the bill be amended, in Section 2, in item 2820-0100, by inserting after the words “city of Boston;” the following:- “provided further, that not less than $60,000 shall be expended to repair the Abe Bashara Boathouse in the city of Lawrence;”

ENV 230

THOMPSON CENTER ROOF REPAIR

Ms. Walsh moved that the bill be amended, in Section 2, in item 2810-0100, by inserting after the word “Commission” the following: “and provided that $65,000 shall be expended for roof repair and maintenance at the Thompson Center in the Hyde Park section of the City of Boston; and by striking out the figure “$22,696,714” and inserting in place thereof the following figure “$22,761,714.”

ENV 231

DCR HISTORIC CURATORSHIP PROGRAM

Messrs. Augustus, Tarr, Joyce, and Hedlund moved that the bill be amended by inserting, after Section XX, the following new section:-

Section XX. Section 44 of chapter 85 of the acts of 1994, as amended by section 50 of Chapter 15 of the Acts of 1996, and as further amended by section 19 of Chapter 23 of the Acts of 2002, is hereby further amended by inserting after the words “Mount Greylock state reservation” the following words:- , Wilbur Farmhouse and Barn at Borderland state park, Whitehead House at Willowdale state forest, Kerighan House at Bradley Palmer state park, Police Station, Dormitory, Laundry and Waiting Room structures at Nantasket Beach reservation, Caretaker’s Cottage and the Barn at Brookwood Farm in the Blue Hills reservation, 1 Woodland Road in the Middlesex Fells reservation, Print Shop at the Brook Farm Historic Site in West Roxbury, Carriage House at Havey Beach in West Roxbury, CCC Camp in Upton state forest, Teahouse and Boathouse in Maudsley state park.

ENV 232

An Amendment Relative to Emergency Food Assistance

Mr. Tarr moved that the bill be amended, in Section 2, in item 2511-0105, by striking out the figures “$12,000,000” and inserting in place thereof the figures “$12,600,000”.

ENV 233

An Amendment Relative to the Massachusetts Bays Program

Mr. Tarr moved that the bill be amended, in Section 2, in item 2000-0100, by inserting after the words “Cape Cod bay sanctuary program” the words“and provided further, that not lass than $75,000 shall be expended for the Massachusetts bays program to match the funding provided to the program through a federal grant”; and in said item by striking out the figures “7,236,256” and inserting in place thereof the figures “7,311,256”.

ENV 234

An Amendment Relative to Regional Sand Management

Mr. Tarr moved that the bill be amended, in Section 2, in item 2800-0100, by inserting at the end the following words:- “provided further, that the department shall develop a sand management plan for the coastal zone extending from Cape Ann to Salisbury and shall seek and available federal funds to defray the costs of doing so.

ENV 235

COMMUNITY PRESERVATION

Mr. Hedlund moved that the bill be amended by inserting, after Section 90, the following new Section:-

“SECTION _____. Paragraph (b) subsection 2 of section 5 of chapter 44B of the General Laws is hereby amended by striking out the words “for the acquisition, creation and preservation of land for recreational use” and inserting in place thereof the following words:- “for the acquisition, creation, regeneration, rehabilitation, restoration and preservation of land for recreational use.”

ENV 236

WITHDRAWN

ENV 237

CAPE COD BAY PROGRAM

Mr. O'Leary moved that the bill be amended, in Section 2, in item 2000-0100, by striking the figure “$100,000” and inserting in place thereof the figure:- “$150,000”.

ENV 238

LOCAL ENVIRONMENTAL PROTECTION

Mr. O'Leary moved that the bill be amended, in Section 2, in item 2810-0100, by inserting at the end thereof the following:- “provided further, that not less two full-time employees shall be assigned to work at the Manuel F. Correllus State Forest on Martha's Vineyard and the Nantucket State Forest”.

ENV 239

MARTHA'S VINEYARD COMMISSION

Mr. O'Leary moved that the bill be amended, in Section 2, in item 2800-0100, by adding at the end thereof the following:- “; provided further, that not less than $60,000 be expended for the Martha’s Vineyard Commission”.

ENV 240

WITHDRAWN

ENV 241

DEPARTMENT OF PUBLIC UTILITIES OPERATING BUDGET

Mr. Morrissey moved that the bill be amended, in Section 2, in item 2100-0012, by striking out the figure “$6,401,534” and inserting in place thereof the following figure:-“$6,618,993”

ENV 242

HOLBROOK PARK COMPLEX

Mr. Morrissey moved that the bill be amended, in Section 2, in item 2810-0100, by inserting after the words “Schooner Ernestina Commission;” the following:- provided further, that not less than $200,000 shall be expended for the town of Holbrook.

ENV 243

SQUANTUM POINT PARK

Mr. Morrissey moved that the bill be amended, in Section 2, in item 2810-1000, by inserting after the words, “Schooner Ernestina Commission” the following:-“provided further, that not less than $20,000 shall be expended for Squantum Park in the city of Quincy.”

ENV 244

DRINKING WATER REVOLVING FUND

Messrs. Moore, Augustus, Hedlund, Rosenberg, Timility, Tarr, Knapik and Ms. Resor and Spilka moved that the bill be amended by inserting, after Section____, the following new Section:-

"SECTION___. Notwithstanding any general or special law to the contrary, not less than 10 days after the effective date of this act, the comptroller shall transfer $4,250,000 from the General Fund to the Drinking Water Revolving Fund, established pursuant to Chapter 78 of the Acts of 1998."

EHS 245

ENVIRONMENTAL HEALTH SERVICES

Ms. Resor, Ms. Fargo, Mr. Morrissey, and Mr. Augustus moved that the bill be amended, in Section 2, in item 4510-0600, by striking out the figure “$4,023,923” and inserting in place thereof the following item:- “$4,217,201”.

Redraft ENV 246

WATER INFRASTRUCTURE FINANCE COMMISSION

Ms. Resor, Ms. Spilka, Messrs. Hedlund, Marzilli, Augustus, and Creedon move to amend the bill by inserting after Section 85, the following new Section:-

“SECTION XX: a) There is hereby established a Special Water Infrastructure Finance Commission to develop a comprehensive, long-range water infrastructure finance plan for the Commonwealth and its municipalities.
b) The Commission shall have 17 members to each serve until the completion of a long-range infrastructure finance plan, including the following: 9 members to be appointed by the governor who shall not be employees of the executive branch and who shall reside in different geographic regions of the Commonwealth, one of whom shall be a representative of the American Council of Engineering Companies of Massachusetts, a representative of the Utility Contractors Association of New England, a representative of the Massachusetts Water Works Association; a representative of the Massachusetts Municipal Association; a representative of Clean Water Action; a representative of Associated Industries of Massachusetts; a representative of the Environmental League of Massachusetts; a representative of the Conservation Law Foundation; and a representative of the Massachusetts Water Pollution Control Association; each of these organizations shall provide a list of three to five candidates for consideration by the governor; 1 member who shall be the commissioner of DEP or her designee; 1 member who shall be the Treasurer or his designee; 2 members, who shall reside in different geographic regions of the Commonwealth, to be appointed by the president of the senate; 2 members, who shall reside in different geographic regions of the Commonwealth, to be appointed by the speaker of the House of Representatives; 1 member to be appointed by the minority leader of the senate and 1 member to be appointed by the minority leader of the house. Each of the members of the Commission shall be an expert or shall have experience in the fields of law or public policy, water, wastewater or storm water planning, design and construction of water, wastewater or storm water projects, utility management, management consulting or organizational finance. At least one member of the Commission shall have expertise in organizational finance. One of the members appointed by the president of the Senate shall be a state senator and one of the members appointed by the speaker of the House of Representatives shall be a state representative. One of the members appointed by the president of the Senate and one of the members appointed by the speaker of the House of Representatives shall be representatives of planning organizations, environmental consumer organizations or other public interest organizations. The members appointed by the minority leader of the senate and the minority leader of the house shall be representatives of the business community. One of the members shall be appointed by the governor to serve as chairperson of the Commission. The commissioner of DEP or her designee and the Treasurer or his designee shall not serve as chairperson. The members of the Commission shall be appointed no later 90 days after the passage of this act.

c) In the course of its deliberations, the Commission shall examine the water infrastructure needs of the Commonwealth for the next 25 years as they relate to the funding gap between the water infrastructure needs of the Commonwealth and the existing, available sources of funding, and provide for additional funding for water infrastructure by increasing investment in critical water, wastewater, storm water and water conservation infrastructure, and to provide for improvements in the handling and management of water programs. The Commission shall also examine the potential threats to public health and public safety from the existing shortfalls in funding for water infrastructure.

The Commission shall make a priority of examining the technical and financial feasibility of sustaining, integrating and expanding public water systems, conservation and efficiency programs, wastewater systems and storm water systems of municipalities and the Commonwealth including regional or district systems. Said Commission shall examine and develop recommendations on ways in which the Commonwealth and its municipalities may meet operation and maintenance, and capital improvement and reconstruction needs for the next 25 years, including without limitation recommendations regarding debt reduction, enhancing existing sources of revenues, developing new sources of revenues, establishing new incentives for public-private partnerships in the development of real property resources and funding resources. In addition, the Commission shall examine (1) the expanded use of full accounting systems and enterprise funding, (2) asset management systems and best management practices, (3) consistency with the Massachusetts Water Management Act and the Massachusetts Water Policy, and (4) consistency with existing federal and state funding programs.

The Commission shall examine the finances of the various municipalities and regional water districts, including examining state and federal aid levels and make recommendations for improvements to financial policies and procedures. The Commission shall also identify areas where cost savings can be achieved across water agencies via consolidation, coordination and reorganization. The Commission shall examine the projected federal funding, projected state funding, projected local funding, projected fee based funding, debt financing and any other sources of projected funding to finance water infrastructure needs identified by the Commission.

d) The Commission shall develop recommendations as to what funding or finance measures the Commonwealth or its municipalities may pursue to satisfy any unmet funding needs identified by the Commission. The recommendation shall also include any recommendation for inter-agency agreements, inter-municipal agreements, consolidations or mergers that will enable the Commonwealth and its municipalities to make the most effective use of its water funding resources. The recommendation of the Commission shall be designed to identify fair and equitable means of financing water infrastructure investments through taxes, fees, user charges, or other sources.

e) The Commission may hold public hearings to assist in the collection and evaluation of data and testimony.
f) The Commission shall complete a written report detailing its financials relative to identified funding sources, including a draft of any legislation required to implement its recommendations. The Commission shall submit its initial report to the governor, the secretary of environmental affairs, the clerks of the house of representative and the senate, the house and senate committees on ways and means and the joint committee on the environment no later than 2 years after this act becomes law.

g) Any research, analysis or other staff support that the Commission reasonably requires shall be provided by the executive office of environmental affairs and its agencies with assistance from the Massachusetts Water Resources Authority.”

FURTHER ENV 246.1

WATER INFRASTRUCTURE FINANCE COMMISSION

Senator Creedon offered a further amendment to amendment ENV 246 by inserting after the words “by the president of the senate” the following wording:- “, 1 of whom shall be a representative of the Boston Water and Sewer Commission,”

ENV 247

STATE PARKS

Ms. Resor, Ms. Jehlen, and Messrs. Moore, Joyce, and Augustus moved that the bill be amended, in Section 2, in item 2810-0100, by striking the number “$22,696,714” and inserting in place thereof the following:- “$26,545,320”.

ENV 248

DCR ADMINISTRATION

Ms. Resor, and Messrs. Moore, and Joyce moved that the bill be amended, in Section 2, in item 2800-0100, by inserting at the end thereof the following:- “; provided further that $583,000 is allocated to completing Resource Management Plans for each and every state park and urban park in Massachusetts.”

ENV 249

SPECIALTY FOODS

Mr. Pacheco moved that the bill be amended, in Section 2, in item 2511-0100, by inserting at the end thereof:- “and provided further, that not less than $10,000 shall be made available to the Massachusetts Specialty Foods Association.”

ENV 250

AQUATIC MANAGEMENT LAKE WYOLA

Mr. Rosenberg moved that the bill be amended, in Section 2, in item 2800-0100, by adding the following:- “provided further that not less than $150,000 shall be expended to the town of Shutesbury for the purpose of aquatic management for Lake Wyola”;

ENV 251

DCR URBAN PARKS

Messrs. Petruccelli, Morrissey, McGee and Jehlen moved that the bill be amended, in Section 2, in item 2820-0100, by striking out the figure “$26,981,754” and inserting in place thereof the following figure:-“$29,917,828”.

ENV 252

DCR URBAN PARKS

Ms. Walsh and Mssrs. Marzilli, Joyce, Hart and Augustus moved that the bill be amended, in Section 2, in item 2820-0100, by striking out the figure "$26,981,754" and inserting in place thereof the figure "$31,356,462".

ENV 253

HILL PARK AND W.G. REINSTEIN RECREATION COMPLEX

Mr. Petruccelli moved that the bill be amended, in Section 2, in item 2820-0100, by adding the following: “; and provided further that not less $150,000 shall be expended for the Hill Park and the William G. Reinstein Recreation Complex in the City of Revere”;

Redraft ENV 254

MOSQUITO CONTROL GROUPS

Messrs. O'Leary , Fargo, Pacheco, Moore, Montigny and Tarr moved that the bill be amended by adding at the end thereof the following section:-

SECTION __. Chapter 252 of the General Laws is hereby amended by inserting after Section 14D following new section:

Section 14E

Whereas mosquito control projects and mosquito control districts are solely funded by member towns and cities, mosquito control projects and mosquito control districts shall have sole authority in all personnel decisions, including but not limited to the following: hiring and firing of personnel, the establishment of rates of compensation for personnel representative of the regional economy, the hiring of appropriate outside professionals deemed necessary to carry out and fulfill statutory obligations.

ENV 255

MYSTIC MASTER PLAN

Ms. Jehlen and Mr. Galluccio moved that the bill be amended, in Section 2, in item 2800-0101 by inserting at the end the following:- “that not less than $200,000 shall be expended for the Mystic River Master Plan”.

ENV 256

ALEWIFE DREDGING

Mr. Marzilli moved that the bill be amended, in Section 2, in item 2800-0401, by inserting after the words “emergency repairs to roadway drainage” the following:- “provided further, that not less than $300,000 shall be expended for dredging of Alewife Brook” and in said item striking out the figures “944,643” and inserting in place thereof the figures “1,244,643”.

ENV 257

DIVISION OF ENERGY RESOURCES

Mr. Tisei moved that the bill be amended, in Section 2, in item 7006-1000, by striking out the figure “$1,714,580” and inserting in place thereof the following figure:- “1,027,121”.

ENV 258

HEALTHY AND SAFE COMMUNITIES IN THE COMMONWEALTH

Mr. Creedon and Ms. Fargo moved that the bill be amended, in Section 2, in item 2100-0014, by striking the line item in its entirety.

Redraft ENV 259

POWER FACILITIES SITING

Messrs. Creedon and Joyce and Montigny and Brown and Timilty moved that the bill be amended by insert, after Section 90, the following new Section:-

SECTION__. Notwithstanding any general or special law, rule or regulation to the contrary, in the city of Brockton, or in the towns of West Bridgewater, East Bridgewater, Easton and Walpole, no fossil fuel electric power facilities or facility shall be located in an area which is less than 1 mile in linear distance from a playground, licensed day-care center, school, church, area of critical environmental concern, as determined by the secretary of environmental affairs pursuant to 301 CMR 12.00, or an area occupied by residential housing. Said linear distance shall be measured from the outermost perimeter of such facility to the outermost point of the aforementioned zones; provided, however that any such facility in operation on January 1, 2007, shall not be subject to this act. For the purpose of this section, “fossil fuel electric power facilities or facility” shall be defined as any electric generating power plant that is fueled in whole or in part, by coal, oil or natural gas

ENV 259.1

Energy Facilities Siting Commission

Ms. Tucker, Ms. Wilkerson, and Messrs. Marzilli, O’Leary, and Brewer moved that amendment #259 be further amended by adding the following section:-

“Section 2. There is hereby established a special commission on fossil fuel energy generation facilities and fossil fuel storage siting. For purposes of this section, “fossil fuel” shall mean coal, oil or natural gas. The commission shall be composed of 17 members, including the secretary of energy and environmental affairs who shall chair the commission, the commissioner of energy resources, the commissioner of environmental protection, 3 members of the senate, 1 of whom shall be the senate chair of the joint committee on telecommunications, utilities, and energy, 1 of whom shall be the senate chair of the joint committee on the environment, natural resources, and agriculture; 1 of whom shall be appointed by the senate minority leader; 3 members of the house, 1 of whom shall be the house chair of the joint committee on telecommunications, utilities, and energy, 1 of whom shall be the house chair of the joint committee on the environment, natural resources, and agriculture; 1 of whom shall be appointed by the house minority leader; 2 members to be appointed by the governor from an environmental group and 1 from the New England Clean Energy Council who is an energy management services provider; 1 member from the Energy Facilities Siting Board; 1 member appointed by the Massachusetts Municipal Association who shall be a member of a regional planning board; a member to be appointed by the Associated Industries of Massachusetts who is an owner of a fossil fuel energy generating facility; 1 member to be appointed by the public health council; and 1 member to be appointed by the American Lung Association of Massachusetts; and 1 member to be appointed by the Green Justice Research Collaborative at Northeastern University.
The commission shall study the siting of fossil fuel energy generation and storage facilities. In reviewing existing procedures, the commission shall consider the power of municipalities to control their own zoning, the demand for energy generation, the economic, public heath, and environmental impacts of fossil fuel energy generation and storage facilities. The commission shall review the respective roles of the state and local governments in this process, including but not limited to the power of the energy facilities siting board to overrule municipal decisions. The commission shall make recommendations on what changes in the siting process should be implemented at both the state and local levels to promote the well being and health of the citizens of the commonwealth, the environment, and other matters of concern to the commission on this issue.
The commission shall submit its findings together with any legislative or regulatory recommendations with the clerks of the senate and house of representatives not later than December 31, 2008.”

Redraft ENV 260

BEACHES COMMISSION MAINTENANCE

Mr. Hart moved that the bill be amended, in Section 2, in item 2800-0500 by inserting the language after the words “metropolitan beaches commission”, “provided that not less than $400,000 is expended for the maintenance of machinery and beach programming.”

And Mr. Hart further moves to amend the item by striking the figure “$4,020,000” and inserting in place thereof the following figure “$4,420,000”.

ENV 261

RECREATIONAL FACILITY IN TOWN OF WHITMAN

Mr. Creedon moved that the bill be amended, in Section 2, in item 2820-0100, by insertin the following language “provided further, tht not less thatn 15,oo shall be expended for a recreational facility adjacent to Memorial Field and the former site of the Holt Elementary School in the Town of Whitman”

And Mr Creedon further moves to amend the item by striking the figure “26,981.754” and inserting in place thereof the following figure “26,996,754”

ENV 262

RE-DESIGN ALEWIFE LINEAR PARK

Mr. Marzilli moved that the bill be amended, in Section 2, in item 2820-9005, by adding the following at the end of the item:- “and provided further, that $30,000 shall be expended on the re-design of Alewife Linear Park in Arlington, Cambridge, Somerville, and Medford.”

ENV 263

BLUE HILLS PARK RANGER MOUNTED UNIT

Mr. Joyce moved that the bill be amended, in Section 2, in item 2800-0100, by adding the following: “; provided further, that not less than $100,000 shall be expended for the DCR Park Rangers mounted unit in the Blue Hills Reservation”

ENV 264

BLUE HILLS PARKWAY SAFETY

Mr. Joyce moved that the bill be amended, in Section 2, in item 2820-0100, by adding the following: “; provided further that $450,000 shall be expended for the completion of Phase I of improvements along Blue Hills Parkway, including but not limited to infrastructure and road improvements, signalization, sidewalks, lighting, safety and aesthetic improvements, in the town of Milton”

ENV 265

HOUGHTON'S POND ATHETIC FIELDS

Mr. Joyce moved that the bill be amended, in Section 2, in item 2820-0110, by inserting the following:- “; provided further, that not less than $600,000 shall be expended for improvements to the Houghton’s Pond athletic fields”.

ENV 266

HORIZONS FOR YOUTH

Messrs. Joyce and Timilty moved that the bill be amended, in Section 2, in item 2000-0100, by inserting the following:- “; provided further, that not less than $100,000 shall be expended for the replacement of the septic system on the property known as “Horizons for Youth” in the Town of Sharon”.

ENV 267

PINE TREE BROOK

Mr. Joyce moved that the bill be amended, in Section 2, in item 2800-0101, by adding the following: “; and provided further, that not less than $100,000 shall be expended for Pine Tree Brook in the town of Milton”

ENV 268

TRAILSIDE MUSEUM

Mr. Joyce moved that the bill be amended, in Section 2, in item 2800-9004, by striking out the figure “$425,000” and inserting in place thereof the following figure:- “$500,000”.

ENV 269

NORTH END ATHLETIC ASSOCIATION

Mr. Petruccelli moved that the bill be amended, in Section 2, in item 2820-0100, by adding the following: “; and provided further that not less than $25,000 shall be expended for the North End Athletic Association”;

ENV 270

An Amendment Relative to Mandates

Mr. Tarr moved that the bill be amended, in Section 2, in item 2200-0100, by inserting at the end the following words:- “provided further, that the department shall investigate ways in which to ease the financial burden on municipalities of compliance with both state and federal mandates, whether imposed judicially, statutorily, or through regulation, regarding clean water requirements, including, but not limited to, the extension of time periods for both compliance and financing”.

ENV 271

TODDLER PARK WOBURN

Ms. Jehlen moved that the bill be amended, in Section 2, in item 2800-0100 by inserting, at the end, the following:- “not less than $150,000 shall be expended for a toddler park in the City of Woburn”.

ENV 272

An Amendment Relative to Fishing Regulations

Mr. Tarr moved that the bill be amended, in Section 2, in item 2330-0100, by adding at the end the following words:- “provided further, that the division shall continue to develop strategies to improve federal regulations governing the commercial fishing industry so as to promote its sustainability”.

ENV 273

WEED ERADICATION IN WAYLAND

Mr. Brown moved that the bill be amended, in Section 2, in item 2820-0100, by inserting the following:- “provided further, that not less than $50,000 shall be expended for the eradication of invasive aquatic weeds in the town of Wayland.”

ENV 274

STORMWATER REMEDIATION IN SWANSEA

Ms. Menard moved that the bill be amended, in Section 2, in item 2800-0101, by adding the following:

“provided further, that not less than $35,000 shall be expended for storm water remediation along the Cole River or Lee River by the town of Swansea.”

ENV 275

WITHDRAWN

Redraft ENV 276

DCR TRANSPORTATION

Mr. Hart moved that the bill be amended, in Section 2, in item 2800-0500, “provided that not less than $200,000 be expended to the Department of Conservation and Recreation to facilitate transportation needs on Columbia Road in the South Boston section of the city of Boston.”

And Mr. Hart further moves to amend the item by striking the figure “$4,020,000” and inserting in place thereof the following figure “$4,220,000”.

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