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Beacon Hill Weekly Roundup - 1/9/09
Jack Clarke, Director of Public Policy & Government Relations
Jennifer Ryan, Assistant Director for Legislative Affairs

This Week:


Conservation Tax Incentives on Governor’s Desk!

On the last day of the legislative session, An Act Relative to Authorizing Qualified Donations of Certain Land to a Public or Private Conservation Agency (HB 5080) made it to the Governor's desk!  In deference to the current fiscal climate, implementation will be delayed until 2011 and a total cap of $2 million will be applied.  We and others are urging the Governor to sign it into law before the end of the 10 day time limit.

The Act establishes a state income tax credit for permanent gifts of land or interest in land to public agencies and qualified, non-profit, charitable organizations.  To qualify, lands must be certified by the Secretary of the Executive Office of Energy and Environmental Affairs.  The tax credit is based on 50% of the appraised market value of the gift. The amount of credit which can be claimed is limited to $50,000. In any one tax year, the credit claimed cannot exceed the tax that would be otherwise due, but unused portions of the $50,000 credit can be carried forward for up to ten consecutive years.

Mass Audubon thanks Senator Stephen Brewer (D-Barre), Representative Stephen Kulik (D-Worthington), and Representative Bradley Jones (R-North Reading) for their outstanding leadership on this legislation!


Mass Audubon Legislative Priorities

Mass Audubon has finalized our state legislative priorities for the new 2009/2010 session.  A complete update, including federal priorities and other state priorities, will be posted on our website shortly and announced in the Roundup.

Environmental Legislation:

  • An Act Relative to Community Preservation (Senator Creem, Representative Kulik): Amendments to M.G.L. chapter 44B that provides an incentive for cities to participate, allows for capital improvements to existing open space, housing, parks and recreational facilities not purchased with CPA funds; create a new CPA exemption for non-residential uses; allow the use of up to 3% of CPA funds annually to pay for a city or town's CPA related administrative expenses; allow cites and towns to delegate ownership of real property interests (land or buildings) acquired with CPA funds to municipal  boards and commissions, certain non profit organizations, or in the case of housing, housing authorities, community development corporations, regional housing non-profits and other special purpose housing entities; create incentives for city adoption.
  • An Act Relative to Sustainable Water Resources (Representative Smizik, Senator Eldridge): Requires streamflow standards in the existing Water Management Act to ensure adequate water flow and water levels for community water suppliers and fish and other species as developed by the Department of Fish and Game; authorizes water suppliers to implement "waterbanking" under which they could charge a small fee to residents and businesses for any new water withdrawal capacity to offset and remedy ecological impacts of water withdrawals, such as: land acquisition for wellhead protection, local recharge of storm/waste water, reuse of water, retrofitting existing development with low impact development methods or water saving devices; and augments the options offered to dam owners by the Office of Dam Safety within the Department of Conservation and Recreation (DCR) to include dam removal.  DCR's existing authority currently only extends to repair of failing dams. 
  • An Act to Protect the Natural and Historic Resources of the Commonwealth (Senator Eldridge):  Establishes statutory framework to ensure no-net loss of conservation land through dispositions under Article 97 of the Amendments to the Constitution.
  • An Act Relative to Land Use Partnership (expected late file by the Governor):  Makes major structural changes to the Commonwealth's zoning and subdivision laws (M.G.L. chapters 40A and 41) to improve communities' ability to guide development by reforming loopholes, including approval not required measures, and grandfathering provisions, and by requiring consistency between local zoning and master planning efforts.

We will also be promoting legislation permanently protects old growth forest reserves, and amends conservation restriction and agricultural preservation statutes.

The state's FY08 and FY09 budgets remain a top priority and we will continue to advocate for at least 1% of the state budget for environmental programs.  Currently, less than a quarter of one percent goes to the environment.

Ensure spending cap in annual capital budget for:

  • Land conservation:  Ensure that a minimum of $50 million per year is spent on state land protection programs.  Bond-funded programs include Parkland Acquisitions and Renovations for Communities (PARC) and Local Acquisitions for Natural Diversity (LAND) grants, Agricultural Preservation Restrictions (APR), State Parks and Forests, MassWildlife (including Wildlife Management Areas as well as Natural Heritage & Endangered Species Program acquisitions), Urban Parks, and Watershed Protection.
  • Aquatic habitat protection:  Ensure that there is a significant investment in wetlands and riverine system restoration. 

Increase appropriations in annual operating budget for:

  • Division of Fisheries & Wildlife's Natural Heritage & Endangered Species Program:  Gathers, manages, and distributes information about the Commonwealth's rare and threatened plant and animal species and their habitats, as well as protects rare species through the implementation of the Massachusetts Endangered Species Act. 
  • Department of Fish & Game's Riverways Program:  Builds local partnerships to restore rivers, streams, and riparian corridors.
  • Executive Office of Energy and Environmental Affairs' Office of Geographic Information Systems:  Generates and manages over 1,000 digital layers of demographic, geographic, and land use information to guide strategic conservation planning.
  • Department of Environmental Protection: Ensure adequate funding to implement the Wetlands Protection Program, which provides direct outreach and technical assistance to local conservation commissions to protect Massachusetts' inland and coastal wetlands, tidelands, great ponds, rivers and floodplains.
  • Department of Conservation & Recreation:  Manages nearly 500,000 acres of protected lands, including state forests, urban parks, and public watersheds that attract over 35 million visitors annually.

Mass Audubon/Department of Conservation & Recreation's Blue Hills Trailside Museum:  Since 1974, Mass Audubon has managed the publicly owned Trailside Museum as the gateway to the Department of Conservation and Recreation's Blue Hills State Reservation.


Renewable Energy Regulations Released

The Department of Energy Resources (DOER) has released emergency regulations for renewable energy portfolio standards (RPS), including hydroelectric and biomass, and alternative portfolio standards (APS).  Mass Audubon provided stakeholder input for Class I and II RPS, and will comment on the emergency regulations later this winter.

The new RPS and APS emergency regulations can be found at http://www.mass.gov/energy/rps_regs. The date, time, and place for a public hearing will be announced in the next few weeks.  Rulemaking will be complete in spring of this year.


Vernal Pool Guidelines Comment Period

The Natural Heritage and Endangered Species Program released revised vernal pool certification guidelines.

Comments may be submitted in writing to the NHESP until 5:00 PM January 27, 2009: Natural Heritage & Endangered Species Program - CVP Revisions, Route 135, Westborough, MA 01581, or via e-mail to natural.heritage@state.ma.us (include ‘VP Revisions' in subject line).  

 


Calendar

Environmental Bill Signing Day
January 13th, 2008
Gardner Auditorium
State House
Boston, MA

An opportunity for legislators to meet with environmental lobbyists and cosponsor bills that are priorities for the environmental community.

*The bill filing deadline is January 14.  After the 14th, bills will be considered late files and may not get a hearing, with the exception of those filed by the Governor, who can file a bill at any time. Legislators can sign on to bills as co-sponsors until February 4.

Climate Change and the Marine Environment Conference
February 5th, 2009
8:30 a.m. - 5:00 p.m.
Moakley Courthouse
Boston, MA
*Free, registration required (please e-mail vcataldo@neaq.org)

SAVE THE DATE

Greening the City: Fostering Inspired and Innovative Leadership for Just and Sustainable Urban Communities

A conference sponsored by Lesley University's graduate Division of Environmental Studies and Mass Audubon, March 20-22, 2009.

Join more than 150 urban environmental leaders from throughout New England at the main campus of Lesley University in Cambridge, MA to explore key strategies for fostering inspired and innovative urban environmental leadership. "Greening the City" is geared toward environmental practitioners and thinkers from nonprofits, higher education institutions, local community groups, government agencies, and businesses. It will feature prominent environmental thinkers and practitioners from academia and government agencies, as well as from for profit and nonprofit organizations. There will be keynote talks, workshops, and an exhibit area, and other interactive ways to engage with the challenges and solutions arising from our increasingly urban world. Keynotes will include well known environmentalists like Julian Agyeman, environmental social scientist, activist and academic from Tufts University. Other keynotes will be announced shortly. The conference is meant to engage in-depth and meaningful dialogue among participants while addressing the difficulties and opportunities faced in cultivating just and sustainable urban communities.

Conference registration will begin in early 2009. All efforts will be made to keep registration fees as low as possible and need-based scholarships will be available.


Please contact us if you have any questions at: action@massaudubon.org.

About The Beacon Hill Weekly Roundup

The Beacon Hill Weekly Roundup tracks the legislative priorities of Mass Audubon, focusing on the protection of the nature of Massachusetts. We encourage you to forward this newsletter to friends, family, and colleagues and to enlist their support.

If you are not already a member of Mass Audubon's Action Network, we encourage you to join by filling out our online form or by e-mailing us. Membership dues provide vital support for Mass Audubon's advocacy work on Beacon Hill and across the state. If you are not already a Mass Audubon member please join today.


Legislative Tool Kit


Stay In Touch
Senators and Representatives need to hear from their constituents! Contact your legislators and share with them the environmental issues that are important to you.

Find out who represents you in the Senate and House.

Senate and House Sessions Go Live
Consistent with the theme that decision-makers act differently when they know they are being watched, House and Senate sessions are now available on live webcast. Tune in to view live web stream broadcastings of the Senate and House and watch as the Massachusetts legislative process unfolds!

Current Legislation
Access the text of current legislation, bill histories and Massachusetts General Law by visiting one site.  We encourage you to visit The General Court's website frequently as it is an important tool for conservation advocates like you!

How to Lobby
Discover effective ways to convey your environmental interests to your Senator or Representative.
View Mass Audubon’s How to Lobby document, and get started now!

How the Law is Made
Learn about the steps a bill takes before becoming law.  You can also use our graphic charts to guide you through the life of a bill, from when it is first filed, to when it is signed into law.


Mass Audubon Advocacy
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Boston, MA 02108
617-523-8448 (phone)
617-523-4183 (fax)

 

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