SENATE, No. 542

SECTION 1. The General Laws are hereby amended by inserting after chapter 132B the following chapter:-

CHAPTER 132C. PUBLIC LANDS PRESERVATION ACT.

Section 1. It is hereby declared to be the policy of the commonwealth that lands or easements taken or acquired for natural resource purposes, consistent with Article 97, are a vital and indispensable public natural and historic resource and, therefore, that there shall be no net loss of lands or easements taken or acquired for public natural resource purposes as a result of any disposition or change in use of these lands.

Section 2. As used in this chapter, the following words shall have the following meanings: -
“Alternatives analysis”, a description of alternatives to the disposition or change in use of lands or easements protected under Article 97, including but not limited to (a) an analysis  of at least the most reasonable alternative (other than the no-action alternative) that does not require a disposition or change in use under Article 97, including costs and environmental impact; and (b) whether the alternative(s) are economically feasible for the owner.
“Article 97”, Article XLIX, as appearing in Article XCVII, of the Amendments to the Constitution.
“Change in use” or “used for other purposes”, diversion of lands or easements protected under Article 97, or a portion thereof, from existing use.
“Disposition” or “disposed”, the transfer of physical or legal custody or control of lands or easements, or a portion thereof by conveyance, taking by eminent domain, lease for any term, granting or taking of interests in land or easements, or any other means of transfer or change of legal or physical control, regardless of whether the transfer is for the same or different uses, or for consistent or inconsistent purposes, except (1) the issuance of a nonexclusive revocable license or permit for a term not to exceed 5 years, and (2) the issuance of a license under chapter 91.
“Lands or easements”, lands, easements, conservation restrictions, agricultural restrictions, watershed preservation restrictions, and historical preservation restrictions, as defined in section 31 of chapter 184, and other restrictions or conditions contained in a deed, grant or other instrument purporting to transfer or convey an interest in land, regardless of the term of such easements, restrictions or conditions.
“Natural resource purposes”, the purposes described in Article 97.
“Owner”, the agency, authority, public instrumentality, town, municipality or political subdivision that owns or has care, custody and control of the lands or easements for which there is a proposed change in use.

“Replacement land”, lands or easements acquired by the owner that is comparable in area and fair market value as compared with the  Article 97 lands or easements being disposed of or used for other purposes, and of comparable location and use. Lands already covered by Article 97 shall not classify as replacement land.
“Taken or acquired”, obtained by gift, purchase, devise, grant, exchange, lease, taking by eminent domain or otherwise by the commonwealth, any of its political subdivisions, and bodies politic, and any instrumentality thereof, or through use of public funds, including so called land bank funds.

Section 3. It shall be the policy of the General Court not to enact legislation to allow a disposition or change in use of lands or easements acquired for natural resource purposes under Article 97, unless the owner of the lands or easements provides the General Court with the following:-
(a) a statement from the secretary of environmental affairs as to whether the land or easement is classified as article 97 land;

(b)  a metes and bounds description of the lands or easements, a copy of the deed into the present owners and a statement of the market value, as defined in United States Code, Title 12, Sec. 34.43(g), of the lands or easements, substantiated by an appraisal, as defined in United States Code, Title 12, Sec. 34.42(a), meeting minimum appraisal standards, as defined in United States code, Title 12, Sec. 34.44, and prepared by a state certified appraiser or state licensed appraiser, as defined in United States Code, Title 12, Secs 34.43(j) and (k);

(c) copies of statutorily required approvals by the governing body or officer of the owner approving disposition or change in use of the subject land and acquisition of replacement land, preceded, if applicable, by the approval of the conservation commission.

(d)  an alternatives analysis approved by the secretary of environmental affairs;
 (e)  a signed offer, signed purchase and sale agreement, fully executed lease, deed or other legal documents for the replacement land, a metes and bounds description of the replacement land and a statement of the  market value, as defined in United States Code, Title 12 Sec. 34.43(g), of the lands or easements, substantiated by an appraisal, as defined in United States Code, Title 12, Sec 34.43(a), meeting minimum appraisal standards, as defined in United States Code, Title 12, Sec 34.44, and prepared by a state certified appraiser or state licensed appraiser, as defined in United States Code, Title 12, Secs. 34.43(j) and (k);. 

(f)  a letter from the secretary of environmental affairs, approving the replacement land;

 Section 4. The secretary of environmental affairs shall develop guidelines for conducting an alternatives analysis and identifying replacement land.

Section 5. The joint committee on bonding, capital expenditures and state assets shall file a report by August 30 of the second year of each legislative session with the clerks of the senate and house of representatives detailing their activities on all bills referred to them that involve dispositions or changes in use of lands or easements taken or acquired for natural resources purposes under this chapter.