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The committee on Environment, Natural Resources and Agriculture to whom was referred the bill (accompanied by bill, Senate, No. 542), relative to protecting the natural and historic resources of the commonwealth, reported, recommending that the same ought to pass, with an amendment substituting a new draft of the same title (Senate, No. 2388). John A. Hart, |
Be it enacted by the Senate and House of
Representatives in General Court assembled,
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. Definitions: 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,
or portion thereof, protected under Article 97 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.
“Lands or easements”: lands; easements; conservation restrictions, preservation
restrictions, agricultural restrictions, and watershed 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 or control of the lands or
easements for which there is a proposed disposition or change in use.
“Replacement land”: lands or
easements acquired by the owner that are 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 or easements
already covered by Article 97 shall not qualify 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 or bodies politic, or 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
lands or easements are 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 of Federal Regulations (12
(c) copies of statutorily required approvals by the
governing body or officer of the owner approving disposition or change in use
of the subject lands or easements and acquisition of replacement land,
including, if applicable, copies of required approvals by the local conservation
commission, which shall have been obtained prior to approval by the governing
body or officer;
(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 of Federal Regulations (12
(f) a letter
from the secretary of environmental affairs, approving the replacement land.
Section 4. Within six
months of the passage of this act, the secretary of environmental affairs shall
develop and publish for public review and comment guidelines for conducting an
alternatives analysis and identifying replacement land and within one year of
passage of this act shall publish such guidelines in final form.
Section 5. The joint
committee on bonding, capital expenditures and state assets and the committee
on municipalities and regional government shall each 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 Article 97.
Section 6. The commonwealth or agency, authority, or instrumentality thereof shall notify the public 30 days prior to filing a bill to dispose or change the use of any Article 97 land or easement.
