Text of amendments recommended by the committee on Ways and Means to the Senate Bill relative to oceans (Senate, No. 2346, amended). February 11, 2008.

The Commonwealth of Massachusetts

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In the Year Two Thousand and Seven.

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Striking out all after the enacting clause and inserting in place thereof the following:

“SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after section 35FF the following section:-

Section 35GG. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Ocean Resources and Waterways Trust Fund. The fund shall be administered by the secretary of the executive office of energy and environmental affairs, as trustee, in consultation with the department of environmental protection. There shall be credited to the fund any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited thereto and, any income derived from the investment of amounts credited to the fund and the proceeds from any ocean development mitigation fees established pursuant to section 18 of chapter 132A. All amounts credited to the fund shall be expended by the secretary of the executive office of energy and environmental affairs, subject to appropriation, for the restoration or enhancement of marine habitat and resources related to the impacts of any specific project. No expenditure from the fund shall cause the fund to be in deficiency at the close of a fiscal year. Monies deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.

SECTION 2. Chapter 132A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out section 16 and inserting in place thereof the following section:-

Section 16. Nothing in this act is intended to prohibit the following activities, uses or facilities: In all ocean sanctuaries except the Cape Cod Ocean Sanctuary the planning, construction, reconstruction, operation and maintenance of industrial liquid coolant discharge and intake systems and all other activities, uses and facilities associated with the generation, transmission, and distribution of electrical power, provided that all certificates, licenses, permits and approvals required by law are obtained therefor, and provided, further, that such activities, uses and facilities shall not be undertaken or located except in compliance with any applicable general or special statutes, rules, regulations or orders lawfully promulgated; the operation and maintenance of existing municipal, commercial or industrial facilities and discharges where such discharges or facilities have been approved and licensed by appropriate federal and state agencies; the laying of cables approved by the department of telecommunications and energy; channel and shore protection projects, navigation aids, projects authorized under chapter 91, deemed to be of public necessity and convenience, contingent upon obtaining the required approval wherever applicable by the United States Army Corps of Engineers, the division of water pollution control, the department of environmental protection, or the department; other improvements not specifically prohibited by said sections 12B to 16F, inclusive, and said section 18 which are approved by appropriate federal and state agencies and which are consistent with said sections 12B to 16F, inclusive, and said section 18, including the maintenance and repair of existing structures or uses, but not any change or extension of such structures or uses unless otherwise permitted by said sections 12B to 16F, inclusive, and said section 18; the harvesting and propagation of fish and shellfish in all forms, so long as the department and the department of fisheries, wildlife and environmental law enforcement are satisfied that such activities are carried on in accordance with sound conservation practices; temporary educational and scientific activities jointly permitted by appropriate state agencies; and the extraction of sand and gravel from the seabed and subsoil of a sanctuary for the purposes of shore protection or beach restoration, provided, however, that such shore protection or beach restoration is approved by the department of environmental protection. Notwithstanding any general or special law to the contrary, generating, transmission or distribution facilities associated with the generation, transmission or distribution of energy from renewable resources shall be a permitted use in any of the commonwealth’s ocean sanctuaries other than the Cape Cod ocean sanctuary, provided that all certificates, licenses, permits and approvals required by law are obtained therefore, and provided further, that such facilities shall not be undertaken or located except in compliance with any applicable general or special statutes, rules, regulations or orders lawfully promulgated. For the purposes of this section, the term renewable resources shall include facilities associated with the generation, transmission or distribution of electrical power from, without limitation, solar photovoltaic or solar thermal energy, wind energy, ocean thermal or ocean current energy, wave or tidal energy, hydrokinetic energy, or fuel cells utilizing renewable fuels.

Except in the Cape and Islands Ocean Sanctuary, the Cape Cod Ocean Sanctuary, and the Cape Cod Bay Ocean Sanctuary, nothing in this act is intended to prohibit municipal wastewater treatment discharges and municipal wastewater treatment facilities if such discharge into the ocean sanctuary is the only feasible alternative to existing water pollution problems if it is consistent with the intention and purposes of this chapter, and it is approved and licensed by appropriate federal and state agencies. In the North Shore Ocean Sanctuary, discharges shall be permitted from municipal waste treatment facilities if construction is commenced prior to January 1, 1978 or if a city or town has been awarded a federal or state grant for construction of a wastewater treatment facility prior to January 1, 1978, if the waste has been treated by the best practical means, if such a discharge is in accordance with plans developed under the provisions of clause (10) of section 27 of chapter 21, and such plans are subject to the approval of the division of water pollution control after a public hearing conducted by said division.

SECTION 3. Section 18 of said chapter 132A of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following paragraph:-

Any permit or license issued by a department, division, commission, or unit of the executive office of energy and environmental affairs and other affected agencies or departments of the commonwealth for activities or conduct consistent with this act shall be subject to an ocean development mitigation fee as shall be established by the secretary of the executive office of energy and environmental affairs. All the proceeds of the ocean development mitigation fee shall be deposited in the Ocean Resources and Waterways Trust Fund established pursuant to section 35GG of chapter 10.

SECTION 4. (a) Notwithstanding any general or special law to the contrary the secretary of the executive office of energy and environmental affairs, hereinafter called the secretary, shall, in consultation with the ocean advisory group established pursuant to subparagraph (c) and the ocean science advisory council established pursuant to subparagraph (d), establish an integrated ocean management plan. Said plan including maps, illustrations and other media shall set forth, without limitation, the commonwealth’s goals, siting priorities and standards for ensuring its effective stewardship of the ocean waters held in trust for the benefit of the public and shall (i) adhere to sound management practices and shall take into account the existing natural, social, cultural, historic and economic characteristics of the planning areas; (ii) preserve and protect the public trust; (iii) reflect the importance of the waters of the commonwealth to its citizens who derive livelihoods and recreational benefits from fishing; (iv) value biodiversity and ecosystem health; (v) protect special, sensitive or unique estuarine and marine life and habitats; (vi) address climate change and sea-level rise; (vii) respect the interdependence of ecosystems; (viii) coordinate uses that include international federal, state and local jurisdictions; (ix) foster sustainable uses that capitalize on economic opportunity without significant detriment to the ecology or natural beauty of the ocean; (x) preserve and enhance public access; (xi) support the infrastructure necessary to sustain the economy and quality of life for the citizens of the commonwealth; (xii) designate appropriate areas for the siting of renewable energy facilities within coastal zones, use the best available information and expertise; (xiii) encourage public participation in decision-making; (xiv) and adapt to our evolving knowledge and understanding of the ocean environment.

(b) The ocean management plan shall include all ocean sanctuaries established pursuant to section 13 of chapter 132A and any waters and associated submerged lands of the ocean, including the seabed and subsoil, lying between the line designated as the “Nearshore Boundary of the Ocean Management Planning Area”, which is depicted on a plan dated January 31, 2006, prepared by the office of coastal zone management and maintained at the executive office of energy and environmental affairs, and with the clerks of the House and the Senate, and the seaward boundary of the commonwealth, as defined in 43 U.S.C. § 1312. The ocean management plan may take into account the different regional characteristics of the commonwealth’s waters.

(c) There shall be established an ocean advisory group to assist the secretary in developing the ocean management plan. Said advisory group shall be appointed by the secretary and shall consist of the following members: 2 members of the senate, 1 of whom shall be the chair of ways and means, or his designee, and 1 of whom shall be the chair of environment, natural resources and agriculture, or his designee; 2 members of the house of representatives, 1 of whom shall be the chair of ways and means, or his designee and 1 of whom shall be the chair of environment, natural resources and agriculture, or his designee; a representative from the department of environmental protection; a representative from the department of conservation and recreation; a representative from the division of marine fisheries; and a representative from the office of coastal zone management; a representative from the city of Boston to be appointed by the mayor of said city; and a representative, to be appointed by the governor, from the following organizations: a commercial fishing organization; an offshore renewable energy trade organization; the Cape Cod Commission; the Martha’s Vineyard Commission; the Merrimack Valley Planning Commission; and the Southeast Regional Planning and Economic Development District.

(d) There shall be established an ocean science advisory council to assist the secretary in creating a baseline assessment, and any other scientific information necessary for the development of an ocean management plan. Said council shall consist of the following 9 members, to be appointed by the secretary: 3 scientists from academic institutions, at least 1 of whom shall be from the school of marine science and technology at the University of Massachusetts at Dartmouth; and at least 1 of whom shall be from the department of environment, earth & ocean science at the University of Massachusetts at Boston; 3 scientists from private nonprofit organizations, at least 1 of whom shall be a scientist designated by the Massachusetts Fishermen’s Partnership; and 3 scientists from government agencies with demonstrated technical training and experience in the fields of marine ecology, geology, biology, ichthyology, mammalogy, oceanography or other related ocean science disciplines, at least 1 of whom shall be from the division of marine fisheries. The secretary shall serve as coordinator of the council. The council shall meet at least quarterly and at any other time that the secretary shall deem necessary to assist the secretary compile the scientific information necessary for the development of an ocean management plan.

(e) The secretary shall, at least 6 months prior to establishing an ocean management plan pursuant to this section, provide for access to the draft plan in both electronic and printed copy form and shall provide for a public comment period which shall include at least 4 public hearings in at least 4 different coastal regions. The secretary shall publish notice of the hearings in the central register published by the state secretary pursuant to section 20A of chapter 9 within 30 days of the date of the hearing and in the environmental monitor. A notice of the public hearing shall also be placed, at least once each week for the 4 consecutive weeks preceding the hearing, in newspapers with sufficient circulation to inform the people of the coastal region wherein said hearing will be held. The hearing shall be held not sooner than 30 days and not later than 35 days after the notice is published in the central register. Said public comment period shall remain open for at least 60 days from the date of the final public hearing. After receiving public comment, the secretary shall issue a final ocean management plan, and shall file said plan, together with legislation necessary to implement said plan, if any, by filing the same with the clerks of the house of representatives and senate.

(f) The secretary may promulgate regulations to implement, administer and enforce the provisions of a comprehensive ocean management plan.

(g) The secretary may promulgate such regulations to implement, administer and enforce this section and may interpret this section and any regulations adopted hereunder consistent with his power to enforce the laws of the commonwealth.

(h) The joint committee on state administration and regulatory oversight of the general court, in this subsection called the committee, shall have authority to review regulations proposed or adopted pursuant to this chapter. The committee shall consult with the joint committee on environment, natural resources and agriculture in performing this review. The committee may hold public hearings concerning a proposed or existing regulation and may submit to the department comments concerning the merit and appropriateness of the regulations to be promulgated and an opinion whether the regulations are authorized by, and consistent with, this chapter. The department shall respond in writing within 10 days to the committee's written questions relevant to the committee's review of a proposed or existing regulation. The department shall provide to the committee, without charge, copies of all public records in the agency's custody relating to the regulation or action in question within 10 days of a request by the committee. The committee may issue a report with proposed changes to a proposed or existing regulation and shall transmit this report to the department. If the department does not adopt the proposed changes contained in the committee's report, the department shall notify the committee in writing of the reasons why it did not adopt the changes either at the time it adopts a proposed regulation or within 21 days of receiving the committee's report on an existing regulation.”, and by striking out the title and inserting in place thereof the following title: “An Act to protect the public trust and safeguard ocean resources.”.