Prior Policy Priorities

Environmental Bond

The Commonwealth issues bonds to fund capital spending on the land acquisition and restoration programs that are critical to our work and other environmental projects. In anticipation of the next bill, by spring 2025, MLTC is working closely with our conservation partners to advocate for the bill to authorize investments that expand and create new programs in alignment with our priorities. As part of the Environmental Bond Coalition, in September, MLTC signed onto a letter to the Healey-Driscoll Administration to discuss priorities for the bill. On September 5th, Coalition representatives held an initial meeting with EEA officials to discuss priorities. MLTC has also joined an additional coalition which is undertaking parallel advocacy on priority issues related to Agriculture.

An Act increasing the conservation land tax credit (H.2839, S.1940)

The formal session concluded without passing MLTC’s top legislative priority to raise the annual cap under the Conservation Land Tax Credit (CLTC), the state income tax credit for donations of conservation land, from $2 million to $5 million. Though the Joint Committee on Revenue reported this bill favorably and language based on this bill was added to the House version of the FY25 State Operating Budget in April, it was not included in the Senate version passed in May. Despite efforts from MLTC, our supporters, and partners, the expansion of the conservation land tax credit was not included in the consensus budget sent by the Legislature to the Governor. MLTC will continue to work with our conservation partners to explore strategies to pass it in the next session. Read more about this bill here. 

Joint letter of support (PDF), June 10, 2024
WBUR coverage on importance of expanding the tax credit. By Martha Bebinger. May 24, 2024
Joint testimony at Revenue Committee hearing (PDF), June 6, 2023
Amendment #770 (PDF)
Article: Waiting list for tax credits hurts land donation, Cape Cod land trusts say. By Jeanette Barnes. May 17, 2023

State Operating Budget

On July 29, Governor Healey signed the $57.78 state operating budget for FY25, and our environmental agencies generally fared well. After some $11 million in line item vetoes, final funding for work under the Executive Office and Energy and Environmental Affairs totals just over $555 million, a bit under 1% of the overall budget.

MLTC Also Supported

Economic Development and Climate and Clean Energy Bills 

In late November, Governor Healey signed two highly anticipated bills into law that had not been passed before the formal session concluded. 

The final omnibus climate bill (S.2967, An Act promoting a clean energy grid, advancing equity and protecting ratepayers) prioritizes clean energy and works to decarbonize our most polluting sectors, including provisions to: 

• Accelerating the move away from natural gas toward electric heating and transportation alternatives while prioritizing community engagement and benefits
• Expediting the transition to clean energy infrastructure through consolidated state permitting for all state, regional, and local projects. 
• Scaling up clean energy storage and updating energy storage requirements. 
• Easing the process for restoring wetlands that are subject to coastal or inland wetlands restrictions
• Reforming and updating flood risk mapping
• Increasing access to reliable electric vehicle charging  
• Establishing the Office of Environmental Justice and Equity to set new standards ensuring all have access to a clean environment. 

The second bill (H.4804, An Act relative to strengthening Massachusetts' economic leadership), among many other economic development provisions, includes transformative investments in climate tech, through a ten-year initiative to catalyze the development of technology to address the climate crisis. With federal climate action looks less likely in the next few years, Massachusetts' leadership on climate will take on increased importance.  

An Act to reimburse the George L. Darey Inland Fisheries and Game Fund (S. 499, Sen. Gobi)

The Division of Fisheries and Wildlife (MassWildlife), which works to conserve and restore critical fish and wildlife habitat and plant species and to deliver education programs, is primarily funded through hunting and fishing license fees deposited in the Inland Fisheries and Game Fund. This legislation will create consistency and reimburse MassWildlife for the loss of revenue associated with providing both discounted (currently reimbursed) and free hunting and fishing licenses. Language based on this bill was included in the final FY25 budget, reimbursing the Fund in FY25; however, this language does not provide the permanent fix we sought through this bill.

Joint statement of support (PDF), June 10, 2024

The formal legislative session ended on August 1 with none of the following bills passing:

An Act relative to uniform partition of heirs property (H.1744, Rep. Roy.)

Know landowners who lost property through lack of a will?

MLTC is part of a coalition working to pass An Act relative to uniform partition of heirs property, which failed to pass in the 2023/2024 session. To prepare for the bill's reintroduction in January, the coalition would like to hear from people who have been impacted by 'heirs property', which is real estate owned by the legal heirs of a previous owner when there is no will. If you know such parties, please share this flier and survey with them. The bill would institute new process protections for heirs in such situations by requiring that co-tenants receive fair market value in any partition sale, and generally providing that co-tenants have an option to buy. 

Heirs property is real estate owned by the legal heirs of a previous owner when there is no will. Under state law, multiple heirs take ownership as tenants-in-common, an unstable form of ownership that too often results in the heirs losing the land through a forced partition sale. The bill would institute new process protections for heirs in such situations by requiring that co-tenants receive fair market value in any partition sale, and generally providing that co-tenants have an option to buy. The Judiciary Committee failed to report the bill favorably and sent it to study. The Coalition continues to meet to discuss strategies for pursuing passage in the next session.

American Farmland Trust testimony (PDF)

An Act investing in natural and working lands ( S.448, Sen. Comerford)

This bill would create a local opt-in program under EEA called “Farm and Forest Friendly Communities,” to incentivize municipalities to make land use and planning decisions that reduce loss of farmland and forests, which would help meet the nature and working lands goals of the Clean Energy Climate Plan (CECP). Communities would receive technical and financial assistance and increased payments in lieu of taxes on state-owned land. Consistent with CECP recommendations, this bill would also direct DEP to set a MEPA review threshold for projects that involve certain levels of forest clearing or farmland conversion, and recommend a successor to the SMART solar siting incentive program that would minimize impacts to priority forest and farmland. The Environment and Natural Resources Committee failed to report the bill favorably and sent it to study.

Summary and bill text (PDF)

An Act to encourage solar development on buildings and disturbed land (H.3225, SD2013, Reps. Lindsay Sabadosa & Sean Garballey/Sen. Mark)

Massachusetts has committed to deploying solar energy that maximizes clean energy generation, avoids impacts on humans and natural communities, and connects efficiently to the grid. This bill would help achieve these goals by encouraging installation of solar panels on buildings and disturbed sites, such as parking lot canopies, brownfields, and roadway cuts. It would require the Department of Energy Resources to make changes to existing policies and programs, such as net-metering and SMART, to increase incentives for generation and siting of solar projects in the built environment. The Telecommunications, Utilities and Energy Committee failed to report the bill favorably and sent it to study.

Letter of support (PDF, June 2023)

An Act to create a commission to determine the feasibility of voluntary acquisition of flood risk properties (H.876, S.557) (Rep. Sarah Peake, Sen. Marc Pacheco)

This bill would create a new commission to bring together agency officials, legislative leaders, and expert stakeholders to study the feasibility of a voluntary acquisition program for properties that are subject to risk of catastrophic flood damage --- helping owners and renters move out of harm’s way while conserving land and restoring wetlands to increase climate resiliency. The commission would be tasked with making concrete recommendations to lawmakers for how to address this difficult and pressing issue, especially for Massachusetts’ most vulnerable residents. The Environment and Natural Resources Committee reported this bill favorably and discharged it to the Joint Committee on Rules in April, but the bill did not make it out of committee before the end of the legislative session.

Legislative fact sheet (PDF)
Letter supporting flood risk protection (PDF)

Outdoor Recreation Act (H.757, S.488 Rep. Natalie Blais & Sen. Paul Feeney)

This bill would create a statewide dedicated fund to ensure the success of the newly created Massachusetts Office of Outdoor Recreation and provide grants for outdoor recreational purposes, with priority given to projects that benefit underserved and Environmental Justice populations. There would be no increase in sales tax, but existing sales tax revenues received by the Commonwealth from the sale of sporting goods would be placed in the Outdoor Recreation Trust Fund for the purposes of conservation, creation, preservation, and restoration of natural resources for recreational use. The Environment and Natural Resources Committee failed to report the bill favorably, sending it to study.

Fact sheet (PDF)
Joint Testimony (PDF)

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MLTC Policy Priorities for the 21-22 Legislative Session

• An Act Increasing The Conservation Land Tax Credit (S.1986 / H.2960), sponsored by Sen. Tarrand Hinds; Reps. Jones and Pignatelli
  
  This bill would raise the annual cap under the Conservation Land Tax Credit (CLTC), the state income tax credit for donations of conservation land, from $2 million to $5 million - phased over three years. It would also amend the definition of a "public or private conservation agency" that may receive donations of land and provide a ten-year sunset.
  Sample Language for FY23 Senate Vote (May 2022)
  CLTC Fact Sheet (June 2022)
  CLTC sample script (June 2022)
   
• An Act Preserving Open Space in the Commonwealth (S.524 / H.851), sponsored by Sen. Eldridge and Rep. Balser. Passed November 18, 2022.
  
  Previously known as the Public Lands Protection Act (PLPA), this law prevent loss of constitutionally protected Article 97 lands by requiring replacement land, as well as notification to EEA prior to filing legislation to dispose of land. The legislation codifies EEA’s current "no net loss" policy.
  PLPA signed into law - Joint Statement (November 18, 2022)
  PLPA full bill language
  PLPA Enacted Joint Statement (November 10, 2022)
  Article 97 language
  PLPA Joint Statement (August 16, 2022)
  PLPA Joint Statement (August 2, 2022)
  PLPA fact sheet (April 19, 2022)
  PLPA support letter (June 21, 2022)
  PLPA support letter (March 1, 2022)
  PLPA support letter (Sept. 13, 2021)

MLTC also supports passage of:

• H.5034 / S.3030: An Act relating to economic growth and relief in the Commonwealth
  Letter of Support (September 9, 2022)
   
• S.603 / H.983: An Act establishing a Massachusetts flood risk protection program

This bill would require the state to create a new Flood Risk Protection Program (FRPP) to eliminate risk of flooding to homes and buildings by acquiring homes, small businesses, and nonprofit properties from interested owners and helping them relocate. The FRPP would cover inland and coastal properties and would be entirely voluntary. Once property is acquired, the legislation requires the removal of structures and the permanent conservation of the land. A new climate resilient landscape would serve as a natural buffer against flooding to protect communities and natural resources.
Flood Risk Protection Program Fact Sheet
Joint Flood Risk Protection Testimony Letter 12-7-21
 

• S.546: An Act to Reimburse the Inland Fisheries and Game Fund.

  S.546 would require the state to reimburse MassWildlife on an annual basis for loss in revenue resulting from issuing free and reduced licenses, helping to restore taxpayer-supported funds to conserve and manage critical fish and wildlife habitat and plant species. Currently the state does not reimburse  MassWildlife for loss of revenue associated with free licenses offered to residents over age 70, accounting for over $1 million per year in lost revenue.

• H.2198, An Act Relative to the Protection of Wetlands and Water Resources in Chapter 40B Applications 

  This bill would limit the extent to which waiver of municipal wetlands protection bylaws, ordinances, and regulations would be allowable in the permitting of affordable housing development projects applying under provisions of Chapter 40B.
  Supporting letter 7-27-21

• S.1875 / H.2831: An Act to reform payments in lieu of taxes for state-owned land
  
  This bill would change the way PILOT program payments for state-owned lands are calculated for municipalities, based on recommendations in the State Auditor’s December 2020 PILOT Report. The goal is to increase and equitably distribute of PILOT funds to make sure the formula no longer disadvantages smaller, rural communities.
  Supporting letter 1-28-22
   
• H.2977: An Act relative to the classification and taxation of urban public access land
  
  This bill would add a new chapter 61C entitled, Classification and Taxation of Urban Public Access Land. The bill incentivizes the protection of urban open space by reducing the acreage of land eligible for the Chapter 61 tax program to 5,000 square feet for land that is retained as defined open space or recreational resource open to the public. It also sets out parameters for valuation and changes of use.
   
• S.560: An Act Establishing the Office of Outdoor Recreation
  
  This bill would create a new office focused on outdoor recreation within EEA to support, promote and market outdoor recreational activities available throughout the state. The office would coordinate with other secretariats and nonprofit and business partners, stimulate economic development, and improve the quality of life, health, and well-being of residents and visitors to the Commonwealth. 
   
• S.556 / H.937: An Act providing for the public health by establishing an ecologically based mosquito management program in the Commonwealth
  
  This bill proposes comprehensive improvements to the way the state manages mosquitoes. It establishes a new Mosquito Management Office and new Mosquito Management Board within EEA and creates a system where pesticide use is allowed only for disease control under ecologically based management plans. It also creates streamlined notice and opt out requirements, and bans pesticides containing PFAS.
   
• S.2147 / H.3306:  An Act to Improve Outdoor Lighting, Conserve Energy, and Increase Dark-Sky Visibility
  
  This bill would promote energy-efficient lighting practices by requiring municipal- and state-funded projects to adopt standards for exterior lighting that meet best standards for human and wildlife habitat, require the Mass. Department of Transportation to update its criteria for road lighting, and require the Mass. Department of Public Utilities to establish incentives for energy efficient street lighting.

Solar Siting Joint Statement, October 1, 2021. Sub-title: Rapid, Responsible Deployment. Integrating and Aligning Climate Mitigation, Resiliency, Biodiversity, and Equity

As the session progresses, we’ll monitor additional bills that may warrant support or opposition from the land conservation community.

MLTC is an active supporter of the Green Budget Coalition, which advocates for environmental priorities in Massachusetts' state operating and capital budgets. For the FY22 operating budget, priorities include increasing the DCR State Parks and Recreation budget to $50 million, the Department of Environmental Protection budget to $40 million, $1 million for the Natural Heritage and Endangered Species Program, $3.25 million for the Division of Ecological Restoration, and $160,000 for the State Office of Energy and Environmental Affairs to hire staff to implement the new climate law as provided in the Senate budget.

Summary of Clean Energy and Nature Investments in the Infrastructure and Jobs Act (aka Bipartisan Infrastructure Bill) (November 8, 2021)
American Rescue Plan Act (ARPA) Request Letter (July 19, 2021)