Report from the Committee on the Environment, Natural Resources & Agriculture
Completed Legislation
A major success of 2007 was passing legislation that balances the environmental needs of protected, landlocked tidelands with ongoing economic development. As I wrote in an August 4, 2007 editorial with House Speaker Sal DiMasi (visit my Press page to read the whole piece):
| In February, the Supreme Judicial Court [ruled] that the Department of Environmental Protection did not have the authority to apply a streamlined permitting policy for tidelands that have been filled in and were landlocked by a public way, exempting them from a full licensing review even though they remain covered by the tidelands law, Chapter 91.
The court decision created uncertainty in the licensing process and gave the Legislature 120 days to validate the regulations or to change them. We accepted this as a challenge to improve the process and give more input to communities impacted by development.
We created a compromise that gives the governor a clearer path for permitting projects and provides the public with a powerful new independent voice in the process. As is necessary for general laws, the House bill looks beyond the immediate problems and establishes a framework for decision-making that will consider the public interest for all future decisions.
This bill builds on the centuries-old legal concept known as the public trust doctrine, which protects public access along the waterfront for the benefits of 'fishing, fowling, and navigation.' Today, however, public benefit encompasses not just open space, environmental protections, impact on the surrounding community, and improvements to the property but also housing, commerce, and economic development. Broadly defining public benefit ensures that the public interest is considered in each significant waterfront development. |
Priority Legislation Passed by the Committee in 2007
In addition to the tidelands bill, I'm proud to say that the committee has already moved on a number of important pieces of legislation this session. And before the House and Senate adjourn in July, I am committed to working with the Speaker and the rest of the legislature's leadership to see these bills passed in the House -- and I hope through the Senate, as well -- in 2008.
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Safer Alternatives to Toxic Chemicals
The purpose of this legislation is to reduce the presence of toxic chemicals in everyday products. Recent news reports have discussed lead in our toys and in our cosmetics. We know that there are other chemicals in consumer products that can be harmful to public health, and this legislation proposes a scientific, fact-based process to identify those chemicals, understand how they are used, and -- when it is cost-effective and feasible -- replace them with safer alternativess.
Massachusetts has a very successful toxics use reduction program already in place at the Toxics Use Reduction Institute (TURI) based out of UMass-Lowell, and the Safer Alternatives legislation simply builds on this program. In this bill, the mechanisms of the TURI program are used to support and sustain a framework that:
- Identifies toxic chemicals in our products;
- Prioritizes those chemicals, by virtue of health impacts and by practical implementation and policy concerns;
- Researches and prepares an assessment report on particular uses of that chemical, then researches and assesses alternatives for that chemical (for instance, lead in fishing sinkers, or chromium on automobile bumpers);
- Identifies uses for which there are alternatives, and for which cost-effective substitution is feasible; and
- Sets regulations for required substitution, creates technical assistance provisions, provides outreach and education programs, and directs follow-up research and development.
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Global Warming and RGGI
The year 2007 was a banner one for energy and carbon emission awareness. Governor Deval Patrick, upon taking office, swiftly signed Massachusetts onto the Regional Greenhouse Gas Initiative (RGGI). RGGI is a coalition of northeastern states that have arranged to participate in a regional market-based program to reduce power plant emissions through the issuance of allowances. A committee hearing for companion legislation, filed by my co-chair, Senator Pam Resor (D-Acton), which authorizes the RGGI initiative and its various mechanisms, quickly followed the Governor's action, and we have since sent the RGGI bill out of committee with an "ought to pass" recommendation.
Meanwhile, the Speaker of the House proposed a significant piece of energy legislation to encourage progress in the areas of energy efficiency and the promotion of alternative fuels. After a great deal of back and forth and public participation, the House passed the Speaker's "Green Communities Act" in the second week of November, and it now awaits action in the Senate.
Later in that same week, the committee passed legislation designed to directly address carbon emissions across the board (as opposed to only from power plants), as well as global warming. The bill, a re-draft of an initiative from Senator Pacheco, sets ambitious goals for carbon reductions statewide (20% below 1990 levels by 2020, and 80% by 2050); establishes a statewide greenhouse gas emissions inventory; requires the state to report periodically on its emissions reductions progress; creates a green building loan fund; authorizes the use of market based compliance mechanisms beyond RGGI to reduce emissions; establishes a low carbon fuel standard; formulates plans for climate change adaptation measures; addresses diesel pollution; and creates various study commissions and advisory committees to continue to look progressively towards reducing emissions in the transportation, urban planning, and green building areas. As of the new year, that bill also awaits action in the Senate.
- Tax Incentives for Conservation Restrictions
In mid-2007, the committee favorably reported out a bill creating tax incentives for conservation restrictions. Although Massachusetts has a long history of land conservation, including the country’s first public park, the state loses more than 40 acres of land each day to development. This development reduces the amount of land available for drinking water supplies, wildlife habitat, agriculture and forestry production, recreation, archaeological and historical resources, and scenic and cultural values.
- Ocean Management Act
To quote the Conservation Law Foundation, "The demands on New England’s oceans are rapidly growing and changing. Traditional activities like fishing, boating and commercial shipping are taking place in the same waters that are now asked to host fiber optic cables, natural gas pipelines, offshore liquefied natural gas facilities, wind energy farms and aquaculture or fish farms. New development proposals are currently handled by a variety of state and federal agencies on an ad-hoc, case-by-case basis without the benefit of comprehensive ocean management planning."
In response to this challenge, this bill would set up a coordinated management system to promote environmentally sound development of our oceans.
Priority Legislation Pending in Committee
Some priority legislation is still awaiting a vote in the committee and will be coming out shortly.
- Environmental Bond Bill
In December Governor Patrick filed legislation making an unprecedented commitment to land conservation and investment in transportation infrastructure and recreational facilities operated by the Department of Conservation and Recreation (DCR).
The 2008 Energy and Environment Bond Bill of $1.4 billion nearly doubles the authorization made in the 2002 environmental bond bill – and more than doubles the investment authorized in assets under the care and custody of DCR, the statewide agency responsible for parks, beaches, and forests, reversing a past pattern of neglect.
The bond bill provides $665 million in borrowing authority for infrastructure and park assets. This bond authority includes $250 million for design and construction for DCR bridges in dire need of repair and reconstruction. Also included in this bonding authority is $75 million in borrowing authority for urban parkways, and $213 million for other spending on state parks, urban reservations, harbor islands, hiking and biking trails, swimming pools, skating rinks, and campgrounds.
I'm excited that the committee will be taking the first look at this bond authorization and look forward to moving forward with this important investment in the Commonwealth's environment.
- Electronic Waste
Another committee priority in 2008 is electronic waste. Right now we are working hard on a piece of legislation that would require producer responsibility for the recycling of discarded electronic products. Rather than having toxic electronic refuse pile up in landfills, this bill would require manufacturers and distributors to bear the financial responsibility for recycling this so-called "e-waste," which is rapidly increasing every year. Then, municipal recyclers, nonprofits, and other environmentally minded organizations could recycle these discarded products and keep them out of the waste stream for good.
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