Massachusetts Conservation News
MLTC Testimony at Public Hearing on FY2004 EOEA Budget
Major Cuts in Current Budgets for Environment
Inland Fisheries and Game Fund May Be Saved
Take Action to Stop Forests and Parks Budget Cuts
Environmental Personnel Changes and Reorganization
Environmental Bills for the 2003-2004 Legislative Session
MLTC Coordinator Bernie McHugh read the following testimony before the new Secretary and the Commissioners of DFWELE, MDC, DFA, DEP and DEM at the annual budget hearing held on Thursday, February 13th.
February 13, 2003
Ellen Roy Herzfelder
Secretary of Environmental Affairs
Commonwealth of Massachusetts
251 Causeway St.
Boston, MA 02114
Madame Secretary and Commissioners,
I thank you for the opportunity to come before you today and offer testimony. My name is Bernie McHugh and I am the Coordinator of the Massachusetts Land Trust Coalition. MLTC sincerely appreciates the invitation to provide input into the development of EOEA’s budget.
Given the amount of snow this winter, I’d first like to ask you to consider establishing a new State Office of Weather Control. The inevitability of global climate change could make this a move of real foresight and would probably be very popular.
The Massachusetts Land Trust Coalition, known as MLTC, is an association of more than 80 private land conservation groups with a combined membership in Massachusetts of over 250,000 citizens. Most of the Commonwealth’s small, town-based land trusts are MLTC members, as are larger statewide organizations and the state offices of national groups. Only 501(c)(3) organizations whose mission includes holding or conveying land or interests in land for conservation purposes may be participating members of MLTC.
MLTC was founded 13 years ago for these purposes:
… to promote the values of private, voluntary, land conservation and increase
public awareness and understanding about the work of land trusts
… to increase the effectiveness of land trusts in working with environmental
agencies and the legislature
… to advocate for sound public policy in the acquisition and management
of public land
… to provide a forum for the exchange of ideas and information within the
broad spectrum of land protection advocates in Massachusetts
MLTC has played a crucial role in supporting key conservation legislation and is an important resource for the Commonwealth’s land protection community at all levels, both public and private. Coalition members have been central participants in developing one of the State’s most crucial public-private efforts, the “Statewide Open Space Plan - A Partnership”. We sincerely hope you will make this plan and partnership one of the foundation blocks of this Administration’s efforts at smart growth and sound natural resources management. Maintaining the Commonwealth’s quality of life depends on it.
Land trusts cooperate closely with state agencies on the acquisition of lands of high conservation value, whether that land is important for water resources protection, agriculture, wildlife habitat, parks and recreation, forestry, biodiversity protection, cultural and historic resources, scenic values or as community open space. Statewide, and even nationwide, this is one of the most productive public-private partnerships you could possibly imagine. Land trusts provide extraordinary leverage to government’s conservation and resource protection efforts by bringing to the table funding from private donors, foundations and businesses, support from local communities and countless hours of volunteer time and expertise. And we do all this with the enthusiastic cooperation of private landowners. Nobody has to do business with a land trust. All of our participating landowners are willing partners. Recognizing and taking advantage of opportunities for cooperation and collaboration at all levels of the land protection community - private, municipal, state, and federal - maximizes conservation impact and utilizes scarce resources effectively. This is what our partnership with government is all about.
With this background, I will briefly tell you what our priorities are for the coming budget year, which we recognize will require hard decisions.
… Massachusetts ranks 48th out of the 50 states in environmental spending as a proportion of the total budget. This is a disgrace. The amount of money the state spends on all environmental programs is less that 1% of the overall budget. Over the last two fiscal years, environmental programs have already suffered additional cuts of almost 25%, far out of proportion to the cuts inflicted on many other sectors of state government. Further decline will do long-term, irrevocable, structural damage to the Commonwealth’s ability to exercise its environmental responsibilities to it citizens.
… The need to retain experienced staff at all agencies, departments and divisions which directly acquire and manage land of conservation interest for the state is critical, as is the need to insure that functional units of government are kept intact in any reorganization. Last year, we worked very hard for the passage of a major Environmental Bond Bill which includes over $250 million of authorization for land acquisition over 3 years. To use this money effectively, there must be adequate staffing levels. Remember, these are land deals. They take years to execute and require consistent, reliable contact with landowners and other partners and a level of professional experience on the part of state staff that takes years to cultivate.
… Specifically, we are very concerned about further cuts to the following programs:
o MassWildlife’s Natural Heritage & Endangered Species Program, which we find to be one of the most effective small agencies in state government. We plead with you to sustain NHESP at functional levels. Their vigilance over endangered and threatened species are of great long-term consequence and it is the only office which has the independence, regulatory clout, and scientific history and knowledge to act on behalf of these vulnerable resources.
o MassGIS. If MassGIS loses its ability to gather and provide data on the Commonwealth’s land use and demographic changes, we will become blind and deaf in our efforts to preserve precious natural resources. This is another of the most effective small programs in state government.
o Self-Help and the Division of Conservation Services. The Self-Help program, in cooperation with municipalities and land trusts, has protected hundreds of parcels of land of high community values. It is a partnership program in the purest form. DCS is the crucial office for assistance and oversight in the complex and technical business of executing conservation restrictions. It is also critical that the staff who are overseeing federal Land and Water Conservation Fund and other federal grant programs be retained.
o The Agricultural Preservation Restriction and Farm Viability programs of the Dept. of Food and Agriculture. Land trusts have partnered on more than half of all APR projects. Protection of the land base for farming is THE essential element in maintaining agriculture in the state. No farmland, no farms. No farms, no farmers.
o The Riverways program. This office provides an exceptional level of information, assistance and service to water resource protection efforts.
o The Environmental Police Force is already short 28 officers and is unable to effectively enforce existing laws on the water, inland, and especially on the Islands. The environment and the citizens of Massachusetts require a robust, fully staffed enforcement arm to see that environmental laws are obeyed.
o In any reorganization that impacts the functions of the Metropolitan District Commission, we hope that these elements will be given high priority; retaining the unique and valuable nature of the MDC Parks system, which has offered urban residents the opportunity to connect with nature and open space for over 100 years; making sure that a high level of additional protection is placed on MDC watershed lands so that they will be managed for their conservation and natural resource values in perpetuity; preserving the important cultural and historic values of the MDC Parkways system; and retaining the recreational programs so vital to our communities.
In conclusion, Secretary Roy Herzfelder, the Massachusetts Land Trust Coalition wishes to make one message clear - Massachusetts cannot afford to lose any more ground. We look forward to working with you on these important issues and I wish to thank you again for the opportunity to appear today. And we would hope that you always remember that “Saving Land Lowers Taxes”.
Respectfully submitted,
Bernard J. McHugh
Coordinator
Massachusetts Land Trust Coalition
________________________________________________________________________
MAJOR CUTS IN CURRENT BUDGETS FOR ENVIRONMENT
-- from Rani Corey, Director, Mass. Environmental Collaborative
and Chris Hardy, Legislative Director, Mass. Audubon
Lt. Governor Healy and Administration and Finance Secretary Eric Kriss presented immediate additional cuts to state programs and local aid for Fiscal Year 2003. Here's an overview of the additional cuts to the environmental agencies, and examples of the services affected. The percent cuts listed are relative to the fiscal year 2003 current budget. Overall, environmental programs sustained a 6 percent cut. In reality, however, the cuts are much deeper because they must be absorbed between now and June 30th -- that is, the real impact will be more than twice this percentage over the next 5 months. Also, keep in mind that there have already been several rounds of deep cuts in most of these agencies.
GOVERNOR ROMNEY'S SPENDING REDUCTIONS
EOEA (Executive Office of Environmental Affairs):
lost $2,026,28 for a 15 percent cut
$1,675,000 of uncommitted recycling funds will not be disbursed.
$131,531 cut from Office of Technical Assistance.
DEM (Dept. of Environmental Management):
lost $1,314,834 for a 4 percent cut
$567,000 cut from forests and parks management expenses. The expenses are paid
for through forests and parks visitor fees and are deposited into a dedicated
revenue fund called the Second Century Fund.
$450,000 cut from pools, forests and parks seasonal employee hires.
$119,934 cut from administrative expenses
DEP (Dept. of Environmental Protection):
lost $3,219,833 for a 6 percent cut
$1,544,999 cut from Solid Waste Master Plan municipal assistance.
$250,000 cut from oil and hazardous waste incidence response.
DFWELE (Dept. of Fisheries, Wildlife & Environmental Law Enforcement):
lost $1,662,454 for a 6 percent cut
$25,000 cut from Riverways protection and public access programs.
$1,311,155 cut from wildlife habitat land acquisition program, suspending it.
The expenses are paid for through sportsmen license fees and are deposited into
a dedicated revenue fund called the Inland Fisheries and Game Fund.
$100,000 cut from environmental law enforcement vehicle maintenance account.
MDC (Metropolitan District Commission):
lost $2,596,052 for a 6 percent cut
Reduces administrative expenses for the Commissioner, Parks Division, Park Rangers,
discontinues Basin Team Leader program at MDC, delays opening of the Ponkapoag
and Leo J. Martin golf courses, reduces seasonal service at rinks and pools.
$219,750 cut from the Blue Hills Trailside Museum, a partnership between Mass
Audubon and the MDC. This would suspend all state payments for the museum's
operations.
DFA (Dept. of Food & Agriculture):
lost $301,970 for a 3 percent cut
If you have questions about a specific line item, you can go to the listing
at
http://mass.gov/agency/documents/eoaf/Reductions_and_Savings_by_line_item.xls
_____________________________________________________________________
INLAND FISHERIES & GAME FUND MAY BE SAVED
-- from Chris Hardy, Legislative Director Mass. Audubon
Last week the Massachusetts House of Representatives took action on Governor Romney's proposed solutions to close the Commonwealth's fiscal year 2003 deficit. Governor Romney had proposed to transfer $1.36 million from the Inland Fisheries & Game Fund to the General Fund to pay for general government expenses. According to federal guidelines, the transfer of license fees paid by hunters and anglers to purposes other than the administration of fish and wildlife conservation would jeopardize the availability of federal wildlife funding.
Mass Audubon joined forces with the Gun Owners Action League, Massachusetts Sportsmen Council, and local and regional sporting leagues to stop this ill-conceived transfer. The programs of the Division of Fisheries & Wildlife work to conserve the full suite of the Commonwealth's biological diversity, including both game and non-game species. Federal wildlife funding accounts for roughly 40% of the Division of Fisheries & Wildlife’s overall annual budget, or nearly $5 million in FY03.
House members are to be applauded for their decisive action to prevent any
transfer of dedicated revenue "if said transfer causes the loss of federal
funding" (section 27 of H. 2022, as passed by the House). The House-passed
bill now moves onto the Senate, which will take up the deficit measure.
______________________________________________________________________
Take Action to Stop Forests and Parks Budget Cuts
-- Environmental League of Massachusetts
The budget cuts announced by Governor Romney for the current fiscal year, included $1.3 million in cuts for our forests and parks. The administration is now developing its budget for FY'04 which will be released at the end of February.
We must let the Governor know that our wonderful forests and parks system cannot endure any further budget decreases. As the Department of Environmental Management's responsibilities have increased over the past few years, funding has not kept pace. The results are unstaffed properties, shorter seasons, deteriorating facilities, and dangerous conditions such as swimming areas with no lifeguards or illegal dumping.
You can be sure that many other constituencies are clamoring for their fair share. Keep in mind that the budget for all environmental programs is less than 1% of the state's entire budget-and the portion for forests and parks is just a small part of that amount. During his campaign Governor Romney pledged to provide for "well-maintained, safe, and usable parks easily accessible to every community.” Let's hold him to his promise.
TAKE ACTION: Please call the Governor today at (617) 727-6250 and urge him
not to cut the budget for our state forests and parks. Also, please call the
Chairman of the House Ways and Means Committee, Representative John Rogers at
(617) 722-2380) and convey the same message as the legislature will respond
to the Governor's budget with a budget of its own. For more information on the
forests and parks budget see "Our Forests and Parks in Crisis" at
http://www.forestsandparks.org
_______________________________________________________________________
WATERSHED INITIATIVE IS GONE
--Rani Corey, Director, Mass. Environmental Collaborative
--Chris Hardy, Legislative Director Mass. Audubon
The state's award-winning Watershed Initiative-- a nationally recognized program
that coordinated state, federal, non-profit, municipal and business efforts
to protect water, habitat, and other natural resources in Massachusetts’
27 watersheds--has been eliminated. Watershed Team Leaders received notice that
they should return to their posts at their home agencies, and the Watershed
Initiative closed up shop last Friday. EOEA is currently deciding what to do
about "projects that are already in the pipeline," and could not promise
that the Stewardship Grants, due to be awarded this month, would be awarded
at all.
_______________________________________________________________________
ENVIRONMENTAL PERSONNEL CHANGES & REORGANIZATION
-- from Chris Hardy, Legislative Director Mass. Audubon
Department of Environmental Protection Commissioner Lauren Liss has submitted her resignation, following the Romney Administration's request. Liss’ resignation followed on the heels of Metropolitan District Commissioner David Balfour's much-publicized ouster.
With less than three weeks before the February 26th deadline, the Romney Administration has not shed light on its proposed wholesale reorganization of state government despite the enormity of the task and the need for public and legislative acceptance. Governor Romney unveiled this week his plan to establish one law office for the entire executive branch. He stated that this move would save between $15-30 million, but declined to say how many attorney positions would be cut. He went on to say that there are "vast misallocations of legal resources under the current system. For instance, there are over 60 lawyers in environmental agencies, but only five lawyers statewide in K-12 education agencies." In addition to the lawyer consolidation, Romney said he is looking to restructure the current administrative hearing process conducted by various agencies into a centralized administrative court. Romney concluded, "This package of legal reforms is only a small sliver of the kind of changes we will be proposing to apply across the board in our budget."
Staff layoffs are imminent in state environmental agencies. Governor Romney has announced publicly his intention to dismantle the Metropolitan District Commission (MDC). The most problematic aspects of this proposal would involve the transfer of the MDC Watershed Management Division, which has oversight of the Quabbin and Wachusett reservoirs, as well as the management of MDC bridges and parkways. Legislators have already filed bills to transfer the Watershed Management Division to the Massachusetts Water Resources Authority. Previous Administrations had sought to transfer MDC parkways to state transportation agencies. Given past proposals, it seems likely that the Romney Administration will attempt to establish a special urban parkways division within the state transportation agency.
The Romney team's full reorganization of state environmental programs probably
won’t be revealed until the Governor’s filing of his fiscal year 2004
budget recommendation on February 26. There is much rumored but little known
at this point other than that the Governor has made clear his intention to reduce
and consolidate public relations staff from the different governmental entities.
____________________________________________________________________________
Environmental Bills for the 2003-2004 Legislative Session
Land
An Act to Promote Livable Communities in Massachusetts (Livable Communities
Act)
Senator Marc Pacheco
This bill encourages communities and regions to envision their future and to
plan accordingly. It also seeks to make the Commonwealth more proactive in terms
of aligning state spending decisions with state goals as outlined in the Act,
and encourages consistency in planning efforts at the state, regional and local
level. It establishes a Council for a Sustainable Commonwealth under the chairmanship
of the Governor and composed of the heads of selected state agencies to coordinate
capital planning so that it is consistent with state goals; offers incentives
to communities to develop local sustainable development plans; and encourages
communities to implement their plans through zoning and bylaw changes.
An Act to Protect the Natural and Historic Resources of the Commonwealth (Article
97 No-Net Loss)
Senator Pam Resor
This legislation establishes the statutory framework necessary to ensure 'no-net
loss' of conservation lands as a result of dispositions under Article 97 of
the Amendments to the state Constitution. The bill was co-sponsored by 48 legislators,
including 33 representatives and 15 senators.
An Act Relative to Land Conservation Incentives (state income tax credit for
land conservation donation)
Senator Stephen Brewer
This legislation establishes a state income tax credit for landowners who make
permanent gifts of land or conservation restrictions to public agencies or to
qualified non-profit conservation organizations. The bill was co-sponsored by
35 legislators, including 23 representatives and 12 senators.
An Act Relative to the Taxation of Forest, Farm and Recreation Land (MGL Chapters
61, 61A, 61B)
Senator Pam Resor
This legislation makes long-needed corrective changes to the Commonwealth's
current-use taxation programs to preserve active forestry, agriculture, and
recreational open space. The bill was co-sponsored by 36 legislators, including
24 representatives and 12 senators.
An Act Amending the Conservation Restriction and Agricultural Preservation
Restriction Statutes
Senator Stephen Brewer
This legislation strengthens public-private partnerships to better utilize conservation
restrictions to protect land while maintaining private ownership on municipal
tax rolls. The bill was co-sponsored by 29 legislators, including 21 representatives
and 8 senators.
An Act to Protect Local Food Supplies, Farmland and Farm Viability (Massachusetts
Food and Farmland Protection Act)
Senator Stephen Brewer
Representative Kulik
Representative Rodrigues
The Massachusetts Land Use Reform Act
Representative Doug Petersen
For two years a large group of environmentalists, planners, academics, land
use attorneys, and others have worked on making comprehensive changes to Massachusetts'
archaic and arcane zoning and subdivision laws. Massachusetts was recently listed
by the American Planning Association as one of the 28 states with the most outdated
state land-use laws. The Massachusetts Land Use Reform Act is the first major
updating of Massachusetts' planning, zoning and subdivision control statutes
in 27 years. It will help communities not only plan for the future, but also
have the tools to make those plans a reality.
An Act Relative to Massachusetts Sustainable Development
Representative Doug Petersen
This bill will establish a system to promote coordinated, interactive land use
planning at the local, regional and state levels, to preserve open space and
natural resources and to support sustainable economic development. This bill
would provide funding on a local and regional level for those communities and
regions that develop comprehensive plans. It would also allow communities to
adopt improved zoning regulations to assure that said plans are able to be implemented.
Water
An Act Relative to Jet Skis, Surf Jets, Wet Bikes, and Other Personal Watercraft
in Municipalities
Representative Thomas O'Brien
An Act Establishing A Water Resources Conservation And Efficiency Program
Representative
Doug Petersen
This bill would enhance water conservation by: (1) establishing a $10,000,000
water conservation grant program to assist municipalities and water districts;
(2) authorizing and directing DEP and DEM to establish a water resources protection
program, and (3) authorizing and directing DEP and DEM to conduct a study of
the Commonwealth's water conservation policies, with recommendations for policy
changes.
An Act to Amend Protection of Waterways Open Space Requirements
Representative Pat Jehlen
Presently, Chapter 91 allows parking lots to be counted toward the open space
requirements for developments near rivers, despite the negative environmental
effects of substituting polluted runoff for permeable earth, and the lack of
aesthetic or recreational values contributed by parking lots. This bill would
disallow the counting of parking lots as open space.
An Act to Improve the State's Watersheds through Establishment of Local Stormwater
Utilities Districts
Representative Anne Paulsen
This bill authorizes municipalities to establish stormwater utilities for the
proper control and cleanup of stormwater discharges; requires said utilities
to complement state river basin water quality management plans; regulates the
operation of said utilities; and authorizes the use of main drains and sewerage
structures for the collection, treatment and management of stormwater.
Air/Energy
An Act Relative to Reducing Acid Rain Pollution
Representative Doug Petersen
This bill would curb acid rain pollution in Massachusetts by discouraging Massachusetts
power plant owners from selling sulfur dioxide emissions credits to power plant
owners in upwind states, i.e., those states whose acid rain-causing sulfur dioxide
emissions are transported into Massachusetts.
An Act to Establish Environmental Monitoring of Nuclear Power Plants
Representative Carol Donovan
This bill proposes citizen monitoring of nuclear power plants in Plymouth and
Rowe, and also in Vernon, Vermont. The monitoring system would include continuous
real-time monitoring of radiation levels for communities within the EPZ (the
emergency planning zone is currently defined as a 10 mile radius) of said plants,
and also for municipalities on Cape Cod. The cost of this monitoring would be
assessed to electric companies (excluding municipal light companies) which purchase
power from any of these plants.
An Act Relative to an Energy Efficient State Government
Senator Cynthia Stone Creem
This legislation would establish energy efficiency as tl1e preeminent goal for
state energy policy and would set an ambitious goal of improving energy efficiency
in state government by 20 percent in a decade. In addition, this bill aims to
make our state government a model of energy efficiency in its facilities and
procurement policies.
An Act Relative to Consumer Choice of Green Electricity
Senator Cynthia Stone Creem
This bill would mandate that retail electricity customers be provided the option
of purchasing a small percentage of energy created from alternative and renewable
energy sources through their electric companies. The department of telecommunications
and energy would develop regulations to implement this act to enable consumers
a choice of environmentally sensitive electricity
An Act to Encourage the Use of Environmentally Responsible Vehicles
Senator Cheryl Jacques
Representative Matt Patrick
This bill defines environmentally responsible vehicles and requires that vehicles
purchased by the state meet the definition's criteria. The bill also offers
incentives for consumers to purchase these vehicles.
An Act to Reduce Light Pollution on the Massachusetts Turnpike
Representative Jim Marzilli
This bill will reduce the amount of light pollution created by Mass Turnpike
businesses. It will require all businesses that rent space on the Mass Turnpike
to retrofit their outdoor lighting to full cut-off fixtures by 2008. Full cut-off
fixtures direct light downward, thereby increasing energy efficiency and reducing
light pollution.
An Act to Limit Outdoor Night Lighting, Conserve Energy and Reduce Light Pollution
Representative Jim Marzilli
The dark sky bill reduces energy consumption, improves public safety by eliminating
blinding glare on roadways, and maintains the state's viability as a university-based
astronomical center. It defines light pollution as a new category of pollution
and prohibits state funds from being used to pay for energy inefficient, high-glare
outdoor lighting.
An Act to Promote the Application of Scientific Principles and Technical Advances
to Increase Automobile Fuel Efficiency and Reduce Global Warming
Representative Jim Marzilli
The so-called "gas pig tax" will create a sliding scale sales tax
on vehicles based on their fuel efficiency within size class, Purchasers of
the most fuel efficient vehicles will pay 0% sales tax, while purchasers of
the least fuel efficient vehicles will pay 10%.
An Act Relative to Sales Tax Exemptions for Clean Cars
Representative Jim Marzilli
This bill will provide an incentive to purchase clean cars by exempting cars
classified as zero emission vehicles (ZEV) and super ultra low-emission vehicles
(SULEV) from the sales tax on automobiles. Increased use of these vehicles will
improve Massachusetts' and New England's air quality.
An Act to Establish a Green Building Income and Excise Tax Credit
Representative Jim Marzilli
As a way of encouraging developers, owners and tenants to create more energy
efficient buildings, the bill allows a tax credit, either through the personal
income tax or the corporate excise tax, for the building or renovation of "green"
buildings. The credit, calculated based on costs a taxpayer incurs to meet energy
efficiency, air quality, and building material standards, creates an incentive
for the development of buildings better suited to protect the Commonwealth's
environment and the health of its citizens.
An Act Facilitating the Development of a Market for Electricity Generated from
Renewable Energy
Representative Jim Marzilli
This bill will establish "Renewable Energy Credits" to facilitate
the sale and purchase of electricity produced by small-scale generator units,
particularly solar energy and fuel cells.
An Act Relative to the Renewable Energy Tax Credit
Representative Jim Marzilli
This bill will increase the renewable energy tax credit from 15% or $1000 to
50% or $5000 and it will add fuel cells as eligible technology.
Wildlife
An Act to Protect the Commonwealth's Hemlock Trees
Senator Cynthia Stone Creem
This bill directs the Executive Office of Environmental Affairs to conduct a
study relative to the health and stability of the Commonwealth's population
of hemlock trees, including the impact of the wooly adelgid insect and other
environmental factors on such trees.
An Act Creating the Official Butterfly of the Commonwealth
Senator Pam Resor
Many states have already adopted a state butterfly. The Great Spangled Fritillary
Butterfly (GSFB) is proposed in Massachusetts because it is an important pollinator
for our state's farm crops. The GSFB larvae or caterpillars feed only on violets,
a widely spread native plant in our state. Because the GSFB only flourishes
where there is no pesticide use, it will thrive when Integrated Pest Management
(IPM) is employed. The adult GSFB is a large (33/4-inch wingspan) tawny-orange
and black butterfly which can be found almost everywhere in Massachusetts. The
GSFB is brightly colored and can be easily seen. The words "great spangled"
may remind residents in our state of our revolutionary and colonial heritage
and the "star spangled" early flags.
An Act Regulating the Taking of Sea Urchins
Representative Doug Petersen
This bill would prohibit the taking of sea urchins except by diving or hand
collecting within the jurisdiction of the commonwealth.
An Act Relative to the Fisheries and Wildlife Board
Representative Doug Petersen
This bill would grant decision-making authority to the Commissioner of the Department
of Fisheries, Wildlife and Environmental Law Enforcement with respect to matters
concerning the Division of Fisheries and Wildlife. The Fisheries and Wildlife
Board would serve the Commissioner in an advisory capacity.
Environmental Health
An Act Prioritizing Risks to Public Health
Representative Doug Petersen
This bill will require that the Executive Office of Environmental Affairs and
the Department of Public Health develop priority lists of the most harmful risks
to the public health and environment of the citizens of Massachusetts.
An Act to Reduce Asthma and Other Health Threats from Cleaning Products
Representative Frank Smizik
This bill prohibits cleaning products from being used in schools, hospitals
and other health care facilities, day care centers, public buildings, and public
housing unless the product is included on the "Healthy Cleaning Products"
list established annually by the Commission of the Department of Public Health.
Healthy Cleaning Products are defined as products that: do not contain chemicals
that cause or trigger asthma, as determined by DPH; are Environmentally Preferable
Products as determined by the Mass. Operational Services Division; and are fragrance
free.
An Act to Promote Environmental Justice in the Commonwealth
Senator Dianne Wilkerson
Senator Jarrett Barrios
Representative David Sullivan
Directs the Secretary of Environmental Affairs to establish an Environmental
Justice Program that includes, but is not limited to: designated Environmental
Justice (EJ) Populations; an inter-governmental advisory committee (with citizen
representation); inter-agency Environmental Justice Teams; priority consideration
for grants, technical assistance, enforcement actions, brownfields cleanup and
redevelopment, and public participation (including materials in multiple languages)
for EJ Populations; and enhanced review for projects proposed in EJ areas that
fall under Massachusetts Environmental Policy Act review.
An Act for a Healthy Massachusetts: Safer Alternatives to Toxic Chemicals
Representative Jay Kaufman
Hazardous waste/toxics
An Act to Promote Sustainable Agriculture and the Use of Non-Toxic Pest Management
Senator Pam Resor
An Act Relating to Mercury Reduction and Education
Senator Susan Tucker
An Act Regulating Products Containing Mercury
Representative Doug Petersen
The primary sources of contamination of freshwater fish are emissions from solid
waste incinerators burning mercury-containing products and coal-burning power
plants. The New England Governors and Eastern Canadian Premiers recently developed
a Mercury Action Plan calling for a 50% reduction of mercury emissions by 2003.
This bill presents a multi-tiered action plan to achieve that goal.
An Act Relative to Dental Mercury
Representative Jim Marzilli
This bill will combat one of the major causes of mercury contamination of our
waterways - mercury amalgam fillings. It will require dentists to install equipment
to prevent mercury from entering the waste stream and require recycling of mercury.
An Act Making Corrective Changes To Promote Environmental Cleanup And The Redevelopment
Of Contaminated Property Representative Doug Petersen
The Brownfields legislation was signed into law on August 5, 1998. This bill
will make a few minor technical corrections to clarify the intent of certain
provisions.
An Act Requiring the Further Management of Used Oil Filters
Representative Doug Petersen
This legislation would require that generators of used oil filters either (1)
recycle used oil filters, or (2) dispose of used oil filters in an incinerator
with ferrous metal recovery. Since 8,400,000 oil filters are sold in the state
every year, this bill would effectively keep millions of used oil filters out
of landfills. This measure would also produce 3,570 tons of marketable steel
annually.
An Act Relative To Used Oil Recycling
Representative Doug Petersen
This bill would establish an incentive for consumers to recycle their used motor
oil, by improving the current oil-recycling program. This bill has been endorsed
by environmental groups as well as by the Massachusetts Petroleum Council. This
bill does not require legislative appropriation and would not pose any extra
cost to retailers.
An Act To Promote the Use of Integrated Pest Management Techniques in the Commonwealth
Representative Doug Petersen
This bill would require all certified and licensed pesticide applicators to
be trained and certified in the use of integrated pest management. All such
applicators would be required to use integrated pest management techniques by
the year two thousand and four.
Solid Waste/Recycling
An Act to Promote Recycling in the Commonwealth
Representative Doug Petersen
In 1990 the Commonwealth set a goal of a 46% recycling rate by the year 2000.
The current recycling rate for municipal solid waste in Massachusetts is only
36%. With a looming solid waste disposal capacity shortfall, it is imperative
that we meet the 46% recycling goal. This legislation would increase the recycling
rate by offering financial incentives to owners of multi-family residential
buildings and commercial buildings to begin their own recycling programs. The
bill also contains a provision, which would maintain the current moratorium
on municipal solid waste incinerators in Massachusetts.
An Act Implementing a Voluntary Green Dot Recycled Content Labeling Program
Representative Doug Petersen
This bill establishes a voluntary "green dot" labeling program, requiring
the EOEA to design and trademark a "green dot" emblem to be applied,
on a voluntary basis, to retail packaging made with a certain percentage of
recycled content, pursuant to standards to be developed by EOEA.
An Act to Require the Take Back of Used Cathode Ray Tubes and Computer Products
Senator Brian Joyce
Representative Mark Carron
An Act to Protect the Natural Resources of the Commonwealth (Bottle Bill update)
Representative Doug Petersen
This bill updates the bottle bill by including new classes of bottled and canned
beverages that were not included in the original bottle bill. The bill also
encourages state agencies to increase bottle and can recycling, and makes some
necessary improvements to the current bottle bill operation system.
An Act Relative to the Abatement of Scrap Tire Stockpiles and the Proper Management
of Scrap Tire Generation
Representative Doug Petersen
This bill establishes a scrap tire recycling program to clean up nearly 10 million
scrap tires stockpiled illegally and to promote the recycling of the six million
new scrap tires generated each year.
An Act Further Regulating Landfills
Representative Carol Donovan
This bill prohibits the disposal of infectious waste (medical waste) and treated
infectious waste at any landfill that has commenced the installation of a final
cover system (is in the process of being closed), Penalizes non-compliance with
a fine of not less than $1,000,000 or imprisonment.
Administrative
An Act to Improve Efficiency and Fairness of Enforcement of Environmental Laws
Senator Marian Walsh
Representative Cory Atkins
An Act to Strengthen Environmental Enforcement:
Representative Doug Petersen
This bill would give DEP more discretion in issuing penalties against violators
of environmental laws.
An Act to Allow Citizens Appeals of Environmental Impact Reports
Representative Pat Jehlen
This bill would amend the MEPA statute to allow affected citizens to bring lawsuits
challenging an environmental impact report.
An Act Relative to Corporate Disclosure
Representative Jim Marzilli
Amends the Mass Right to Know Law, the Mass Judicial Code, and the Mass Pension
Fund Governance Law to prohibit corporations from concealing information about
hazards in their products and activities.