2021-10-19 00:00:00 - Joint Committee on Municipalities and Regional Government
2021-10-19 00:00:00 - Joint Committee on Municipalities and Regional Government
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I'm always happy to be here, madam Jack.
Yes. Okay we're on
okay. Um we've let people into the meeting trail. So we're live we are now live. Okay. Great
chair, Cronin I will let you kick off and as soon as my wifi is restored I will appear in person but I am here via telephone for now. All right, excellent, thank you very much, madam Chair. I appreciate it. I'd like to welcome everybody to42 um this public hearing today. I want to thank everybody who has come to provide testimony on a number of bills um that are important for our municipalities and regional government as we Um continue to emerge from the COVID-19 pandemic. Um I'd like to ask everybody providing testimony today to limit their remarks to three minutes. Um And to please mute when they are not speaking and with that we'll we'll get right70 into today's testimony. Um First excuse me I'd be remiss if I didn't allow Vice Chair Tucker to introduce members of the house who are with us this morning. Thank you. Mr Chairman83 I see our colleague Representative Philips is here. I'm going to look quickly through anybody else on the list I believe rep Gouveia rep Gentile is on I believe rep will be on shortly rep mike Connolly is here and I see rep Vitolo and I'll keep an eye out for anybody that comes on shortly. Thank you. Mr Chairman.
Thank you. Mr Vice chair I'd like to begin by asking Representative Vitolo to um welcome him to provide testimony on S 25 to 9. Mhm.
I Representative Vitolo I don't know if you're if you're with us right now. Um please feel free to jump on. No, we can return,
I think we've got it. I apologize a little bit of struggle, I think we're here.
Thank you.155
You can hear me okay,
we can see you and hear you. The floor is yours. Thanks Representative,
[REP VITOLO:] [SB2529] thank you again. I apologize. Thank you. Chair Ehrlich and Chair Cronin and the members of the committee for hearing S 2529174 an act authorizing the expenditure of $500,000 from Brookline Marijuana Mitigation Stabilization Fund for the purpose of advancing racial equity in the town of Brookline. And I know that's a quite a mouthful of a title, but that's what we're going with. Um in the five years since Massachusetts passed a ballot initiative, legalizing recreational marijuana the commonwealth has prioritized racial equity and justice, becoming the first state to adopt a social equity program to ensure that those impacted by the criminalization of marijuana benefit from the new industry.
In 2019 Brookline's town meeting voted to build on this work by establishing its own racial equity fund to support projects, programs and initiatives that advance racial equity and justice. to fund these programs in an intentional and reparative way Brookline has proposed a one time investment of $500,000 from cannabis host community mitigation fees. Black and brown communities and individuals have disproportionately suffered from the ineffective and damaging policies of the war on drugs. It is our responsibility to seek specific tangible and meaningful ways to repair those harms that we have inflicted. This investment will allow the town to work towards restorative justice by equitably reinvesting marijuana revenue in the community. I respectfully request that report. S 2529 favorably. Thank you and I'm happy to answer any questions. You may have. SHOW NON-ESSENTIAL DIALOGUE
any questions from members of the committee for Representative Fiola
seeing none I'd like to ask leader Creem Senator Cynthia Creem to provide testimony. Um, Madam leader. The308 floor is yours to speak on Senate bill 25 to 9. Thank you.
[SEN CREEM:] And I want to thank Representative Vitolo for speaking on my Senate bill. Uh and I want to thank Chairman Cronin and Ehrlich and members of this committee for taking me325 out of turn. Uh so I would like to be recorded in support of Senate 2529, which is an act authorizing the expenditure of 500,000 from the town of Brookline's Marijuana Mitigation Stabilisation Fund for purposes of advancing racial equity. I think that's a wonderful thing to do with those funds. Uh this is Brookline's Home Rule Petition and it would allow the town to utilize funds from its Marijuana Mitigation Stabilization Fund to support programs and initiatives that advance racial equity and racial justice within the town of Brookline.
This petition was submitted to town meeting by Brookline's select board and received overwhelming support from town meeting. It is my understanding that the town will transfer the funds to its recently established racial equity fund created to support the towns ongoing efforts to advance386 racial equity and justice in388 all aspects of life, including education, health and economic equity in the town of Brookline. I obviously fully support these goals and believe that using marijuana mitigation funds in this way is appropriate and would ask the committee to favorably report this out. So thank you as Representative Vitolo said, I'm happy to answer any questions. I'm proud of Brookline that they see how important it is to use these funds in this way. SHOW NON-ESSENTIAL DIALOGUE
Thank you, madam Leader. Are there any questions from the committee for Senator. Creem
again. Thank you seeing none. Thank you, madam Leader. Next I'd like to invite representative Bruce Ayers to provide testimony on House Bill 2 131. An act to hold property owners accountable for recurring438 public nuisance.
Representative, I think you're muted.
[REP AYERS:] [HB2131] Thank you. Mr Chairman. I appreciate the opportunity to testify before you today. I'm here before you to speak in support of my459 Bill House Bill 2131. An act to hold property owners accountable for reoccurring public nuisance. Um This bill is the result of numerous occurrences in my district and the conversations and meetings I've had473 with constituents, law enforcement and city officials. When our local police departments respond to a disturbance It requires resources and personnel at a cost to the municipality and the taxpayer. Repeated incidents of disturbance from a specific property suggest that something could be done differently by the property owner to avoid repeat occurrences.
This bill enforces a level of accountability for property owners and their tenants who cause or allow continuing disturbances in their communities. How this509 bill would work Mr. Chairman Is after incurring 10 police calls regarding complaints for a specific address or location for a period of one calendar year local municipalities would have the option to impart the costs associated with these calls and actions onto the owner of the property. While different actions are taken to respond to individual calls, there's no financial incentive for property owners to curb repeated incidents.
This creates that financial penalty, shifting the cost associated to responding these incidents from the taxpayer to the property owners. These properties that are the root cause of frequent disturbances exist in every community. The goal of this legislation is to hold irresponsible property owners more accountable, cut down on the impact of public disturbances and make our communities safer. Mr. Chairman Our constituents deserve a better quality of life and should not have to tolerate undesirable behavior in their neighborhood. With the passage of this legislation, we can help enforce this. I respectfully request any consideration you could give towards a favorable report. Thank you. SHOW NON-ESSENTIAL DIALOGUE
your representative. Any questions from the Committee for Representative592 Air.
[REP EHRLICH:] Um I actually do have a question. High, high Rep Ayers How are you? This is rep Ehrlich I don't know um if you can see me or not uh tell that this is me, I'm still, my WIFI is still down but I am here I just um this this bill, thank you so much for your testimony. Um I just might the one concern and615 I wonder how it's addressed um in this bill is I I think like if there's a domestic violence issue or somebody who's having repeated problems and really needs the support of law enforcement um would this you know potentially discourage them from reaching out for help. Um or or are you know are there specific types of641 complaints or calls that the bill applies to? Um And I'm just curious how how you've addressed that.
[AYERS:] Yes. Great question um Madam Chair. You know this this is something that again, with the municipalities and law enforcement would have local discretion and the goal of it mutated around public disturbances um You know undesirable behavior loitering, drinking loud music, things that uh the owner of the property is not taking seriously enough. Um You know this this is happening quite a bit in my district, I hear from some of my colleagues too where um the enforcement, you know a lot of times is just being ignored.
You know they take the proper steps that they try to, they take them to court, but things sometimes can be time consuming and not addressed in a proper fashion. Um, so this, this is maybe another option we could give municipalities and they have the option to choose in if they'd like to, they don't necessarily have to, but we just give them another tool in their toolbox should they pursue to use this.
[EHRLICH:] Okay, so for true nuisances um I, I understand. Okay, thank you. Thank you very much for answering that.
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Thank you any other questions for Representative Ayers
seeing none like to thank you Representative and I'd like to invite Representative Gentile to provide testimony on two bills. House Bill 4087 and act creating select board town manager form of government in the town of Wayland and H 4091 and act authorizing the town of Sudbury to establish a fee for check opec's.
[REP GENTILE:] [HB4087] [HB4091] Oh, good morning and748 thank you Chair Cronin and thank you. Chair Ehrlich and members of the committee House 4087 an act creating select board town manager form of government in the town of Wayland would professionalize the structure of Wayland's government, coordinate administrative, financial and operational functions and improve legal and regulatory compliance. The town of Wayland through its Board of Selectmen has held many open meetings with boards, committees, commissions, staff and the public concerning the development of this legislation.
It will allow the town manager to take a greater role in day to day operations while managing the role of the select board, maintaining, I'm sorry, retaining the role of the select board as the chief policymaker for the town. Specifically, this bill does several things. It changes the name of the board of Selectmen to select board. It reaffirms the select board as an executive and policy making body. It changes the name town administrator to town manager. It names the town manager as chief financial officer for the town. It defines responsibilities of town manager. It changes the town clerk from an elected to an appointed position.
It ensures that all department heads, except for superintendent of schools and library director, reports to the town manager and it allows the town manager to reorganize departments. Departments will continue to make operational decisions and conduct day to day operations boards, committees and commissions retain rights under state law and continue to set policies and maintain all permitting and regulatory responsibilities. All currently elected board and committees remain elected and the number remain the same.
The second bill, I wish to speak House 4091 an act authorizing the town of Sudbury to establish a fee for check out bags Would implement a minimum charge of 10 cents for all new check out bags distributed in the town, allowing the town to reduce the usage of wasteful bags at retail establishments and encourage reusable bags. A fee for879 check out bags is an established mechanism to incentivize residents to reuse check out bags and is the most environmentally sustainable and economical option. It does this while preserving choice for consumers who can decide to not pay for unwanted or unneeded new check out bags.
This model also allows collected money to be retained by the retailer so as to help businesses defray the cost of switching to more environmentally sustainable checkout bag options and reduces the associated costs of disposal and911 recycling that must be borne by the town and its residents from waste wastefulness. I ask you for a favorable report on these bills and I thank you very much for taking me out of turn today. SHOW NON-ESSENTIAL DIALOGUE
Thank you Representative. Any questions from the committee for Representative Gentile
[EHRLICH:] Um I just would like to just thank you for your testimony and for your community for stepping up on the plastic bag issue. Um That's a bill that I've filed for several years and I'm working very closely with the Committee on Natural Resources and Environment um to uh really move that bill along. So, so the the local efforts always strengthen the national, I mean the national, the state statewide effort. So um I appreciate your town for stepping up on that issue and also also the select board um Change which is which is timely. So um so thank you for your testimony.
[GENTILE:] Thank you madam chair And I also want to give a shout out to students at Lincoln Sudbury Regional High School who really lead the charge on this. This bill locally. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you. Representative. I'd like to invite Representative Gouveia next to testify on House 4117 and act authorizing the town of Concord to adopt and enforce local regulations restricting new fossil fuel infrastructure and certain construction.
[REP GOUVEIA:] [HB4117] Great, thank you Mr Chair, thank you, madam, Chair vice chair. Um and members of the committee really honored to be here with you for a few minutes this morning to talk about um Home Rule legislation. H 4117. I believe a member of Concord will also be here to testify in support of this really important local piece of legislation. Um for those of you who don't know, I represent Acton and Concord which have been really deeply involved in doing all that they can at the local level to address our climate crisis and to do all that they can to take action at the local level. And so I've been working with the town of Concord um for the last year or so on this particular, uh piece of legislation to move in the direction and to support their desire to make sure that new construction projects are completely fossil free.
And I think this kind of thing is important for us to take action on. Um so that we're supporting those local communities that are well positioned and poise and have had a commitment to reducing greenhouse gas emissions for years. You know, going back to 2011 Concord, started with sustainability efforts and really having a plan. Um they've really been continued to be very active in creating a roadmap for how they would achieve um zero emissions and fossil free um or carbon free I should say electricity by 2030. And so their desire is to have support from the legislature on this Home Rule Petition to make sure that we are doing all that we can to support achieving our climate goals as a state.
And they've been working with other towns as well. There are a number of municipalities that have been coming together to work on passing local efforts through town meeting. Concord had overwhelming support from town meeting back in June and I think Alice Kaufman can give more details on what it was1126 like um given her leadership on this effort as well. So I just want to reiterate just the importance from a local level to be able to get this kind of thing going. Um, and I do think it will be a model for other communities that have also been really wrestling with what can they do to make sure that new infrastructure and new construction is moving us in the direction of meeting our climate goals.1152 I can take any questions1153 if you have but hoping for a favorable We will report on this H 4117. SHOW NON-ESSENTIAL DIALOGUE
Thank you. Representative are there any questions from the committee?
Seeing none. Um, thank you Representative and I would like now to invite Representative Connolly to provide testimony on House bill 4046 and act facilitating local approval of inclusionary zoning and 4057 and act facilitating local approval of condominium conversion ordinances.
[REP CONNOLLY:] [HB4046] [HB4057] [HB4166] Uh Well, good morning and thank you Chair Cronin for taking me out of turn and good morning to chair Ehrlich and to members of the committee. Um I'm here to speak in support of H 4046 an act facilitating local approval of inclusionary zoning. What this bill would do would be to lower the threshold of a town meeting or City Council vote from a 2/3 majority to a simple majority for any municipality looking to implement an inclusionary zoning ordinance. And and as you know, that would be an ordinance that would require that when a new1235 housing is developed, that a certain percentage of it be set aside as deed restricted affordable housing.
This legislation was reported favorably out of the municipalities committee last session and really, I think it's very timely this session because as you know, last session, we took action in the economic development bill to advance legislation that would more broadly allow for simple majority voting on new housing development, particularly in downtown areas or in transit oriented development situations. Um but a point that I have raised over the past few years is that this does create something of an inequity if the municipality wishes to implement and inclusionary zoning ordinance, that would have a specific affordability requirement That vote would have to be a separate vote, that would still require a 2/3 majority.
Whereas under the law that we passed last session, if a municipality wishes to create zoning to allow for housing in general without any specific affordability requirements, that would be a simple majority vote. So the real goal of this legislation is to really try to create equity and1314 balance and to say that we will put the development of affordable housing and the goal of affordable housing on the very same footing as the goal of housing production in general. I also want to say a quick word of support for House Bill 4057. This is an act facilitating a local approval of condominium conversions ordinances.
And this would really streamline and strengthen1345 um existing authorities that municipalities have to try to implement some protections for tenants who live in buildings that are undergoing a conversion to the condominium model. Finally, I'd like to just pass along an update about House Bill 4166. This is legislation that1366 would allow the city of Cambridge to provide public safety and emergency services in a part of my Cambridge and Somerville district that intersects with land in Boston.
I know I've spoken with Chair Ehrlich about this just for the edification of the committee, I actually met with the city manager, the assistant city Manager for the City of Cambridge yesterday as well as the city solicitor, they advised to me that the city is now pursuing a mutual aid agreement to accomplish the objectives of that Home Rule Petition. So in the words of the assistant city manager he suggested that this could be sent to study. So thank you for your consideration on all of these points and happy to take any questions. SHOW NON-ESSENTIAL DIALOGUE
Thank you. Representative put it out now to the committee. Does the committee have any questions?
[EHRLICH:] Um I would just like to thank you for that update from the city. I did hear the same so um I appreciate the update and um that that I guess is what we will expect from the bill. So so thanks thanks for that Rep Connolly.
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Thank you. Thank you. Representative now would like to invite our first panel providing testimony today from the M. A. P. C. Mark Jason and Aaron Wortmann to testify on Senate Bill 13 52 and1442 act authorizing the town of Marshfield to withdraw from the metropolitan area planning district. And and before Mark begins before the panel is assembled. Let me1452 just recognize that Representative Oral has arrived from Lakeville. Um I thank you for being here
[MARC DRAISEN (MAPC):] [SB1352] Chair Cronin and chair Ehrlich Members of the committee. My name is Marc Draisen and I'm the executive director of the Metropolitan Area Planning Council. I am honored to be before the committee today as a former member of the House. It's always a sort of a unique pleasure for me to come before a committee. I don't do it all that often anymore, but it's always a joy to do so. Um I also want to introduce Erin Wortman who is the chief planner for the town of Stoneham, who is currently serving as our president and she will have some remarks after I conclude.
I am here to register our opposition to Senate 1352. Uh And we are submitting may have already submitted a detailed written testimony on this issue. At MAPC We are pleased to have excellent relations with so many of our communities. I think 100 out of 101 communities, we work very closely with them. We worked very closely with them throughout the covid pandemic. Uh, MAPC like our sister RPA provides a raft of services to cities and towns on land use and transportation, on municipal governance, on climate, on public health, on such a wide array of issues.
Uh Several years ago, the town of Marshfield uh began to ask to leave MAPC And join another regional planning agency. Uh We feel that regions are real that they matter that they are determined not by the whim of one particular municipality, city or suburb or exurb that they are bound together by long term transportation, economic and community concerns. From time to time A community may wish to disassociate itself from some of its neighbors. Uh We particularly see this sometimes when cities don't like the suburbs or when suburbs don't like the cities.
But one of the real reasons to have regional planning agencies especially in a state with limited county government is to kind of press people to sit together and sometimes talk with folks that they don't always agree with to talk about their issues to try and come up with solutions and to do so in good times and bad. We have found over the years that, you know, from time to time, the opinions of the agency may differ from the opinions of a particular planner or a particular select board, but that often changes. And almost always as time1601 passes, we are able to establish better relations and continue to work together.
We are currently trying as we have tried many times in the past, but we're trying a new this session, trying to get together with folks from the administration in Marshfield Select Board, the planning board to try and talk over any issues of concern we always are prepared to provide to them absolutely full service. And in fact they have continued even during recent years to take advantage of some of these services, particularly during the covid period. And we always welcome them and want them1634 engaged.
I will close by noting that there are several communities in our district and in other parts of the state that are boundary communities and they choose to belong to both to to RPAs and that's perfectly fine. If Marshfield wanted to join a neighboring RPA and and participate in both That's entirely appropriate. We have no difficulty with that at all. The cost of joining any RPA is honestly pretty small. There are dues but they're very very limited. However, we don't believe that the legislature should sanction the community, particularly a community that isn't directly on the boundary of an RPA to just kind of get up and leave. We think that that is bad for regionalism, bad for the ongoing collaboration, cities and suburbs within the Metropolitan District. I think Erin may have a few additional comments and we're both glad to answer questions.
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Thank you Mr and mr Greyson. I appreciate mrs Wortmann,
[ERIN WORTMAN (MAPC):] thank you so much and I really want to thank you all for the opportunity to speak today. I joined Marc in the opposition. Um Anyway, my name is Erin Wortman and I'm actually in my third term as the Metropolitan Area Planning1707 Council President. I have spoken previously on this item, I'm also the Director of planning and community development for the town of Stoneham a suburban community, much like Marshfield in population, medium household income and household size based on the most recent census reporter data.
I have been a professional municipal planner for the last 16 years. So I know and understand firsthand the value of this planning agency. The work of MAPC is critical not only to the people who live and work in 101 cities and towns in metropolitan Boston, but the agency itself is viewed as the premier regional planning agency in Massachusetts and beyond. Complex1751 problems cannot be solved within municipal boundaries and decisions by one municipality can have adverse impacts on other communities and the environment. MAPC maintains local inputs and decision making while using their depth of expertise to address the bigger picture.
From experience I can say that municipalities don't always have the capacity to handle these larger issues and are often in the weeds dealing with their own challenges and political landscapes. Rather than trying to compete with one another MAPC is able to offer its skills to coordinate collaboration to generate a better, more inclusive product. Simply put regional entities like MAPC are prime venues for discussing planning in implementing area wide solutions and metropolitan Boston is a better region because of communities like Stoneham and Marshfield. As MAPC President, I want to echo Executive Director Draisen's commitment to improving cooperation in ways that will keep the region intact. And I look forward to finding solutions together that will further strengthen the region. So thank you.
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Thank you mrs Wortmann. Uh put it open to the committee for questions. Representative Dubois Do you have your hand raised?
[REP DUBOIS:] I do, thank you very much. Mr Chairman. Um1833 and chair Ehrlich1835 I appreciate the opportunity to have this hearing. Is there any, is there any way someone could tell me where Marshfield wants to go. Do they want to join a different regional planning agency?
[DRAISEN:] Um Well I hesitate to speak for them representatives. Um and I don't know if anyone from Marshfield is here today it doesn't appear so on the screen, but I could be wrong. Um from our conversations in the past, they wanted to join the Old Colony Planning Council. I expect that the old planet called Old Colony Planning Council will um as they have in the past send a polite letter to this committee indicating that they are not seeking additional members to be taken from other regional planning agencies. And the MAPC's perspective on that is the same.
However, both of us Old CPC and MAPC Have no difficulty at all with the community on or near the boundary of one of our organizations joining and participating in the other. It makes that makes complete sense for a boundary community. We have no difficulty with it. Um But that's that's my limited understanding from from what I've heard from the town of Marshfield.
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Thank you
any other questions from the committee for the panel.
Alright, seeing none. Hearing none. Um Thank thank you both for your testimony today and I'd like to invite our second panel. Yeah, you're welcome our second panel Christopher Sweet and Barbara barry to testify on each 21 50 and S 13 21 act relative to tax title expense.
And excuse me before you start your testimony, I would also like to welcome my my Senate colleague and friend. Senator Ed Kennedy from Lowell1945 for for joining our committee hearing today. So senator Kennedy always good to see you and thanks for being with us.
[BARBARA BARRY (MCTA):] [SB1321] [HB2150] Thank you for your time today to allow us to testify on Senate Bill 1321 and House bill 2150 An act relative to tax title expense. My name is Barbara Barry I am the finance director and the treasurer collector in the town of Sturbridge. I also served as the first vice president and legislative chair of the Mass Collectors and Treasurers Association. With me today is Chris Sweet, the treasure collector of North Attleborough and the president of the Mass Collectors and Treasurers Association.
This proposed legislation makes minor changes in three sections of Chapter 60 related to the collection of taxes. The first proposed change allows the ability to add legal fees prior to starting foreclosure proceedings with the land court. The second proposed change clarifies2008 that you don't need judicial approval to add the cost of attorney's fees to a tax title account. With this change, the taxpayer still has the right to challenge the amount of the attorney fee2022 or the ability to pay with a land court2026 judge. This change will allow cases to be settled as soon as possible without needing to schedule an appearance before a land court judge.
The final proposed change updates the current legal fee of $50 for land of low value cases to $500 for the actual cost whichever is less. The intent of these changes is to have delinquent property owners bear the costs of collecting their property taxes as opposed to having the court. The cost borne by all taxpayers.2062 The current practice of involving the land court increases the expense to the municipality, the taxpayer and unnecessarily burdens the court. We respectfully2073 ask for your support and would be happy to answer any questions. SHOW NON-ESSENTIAL DIALOGUE
Thank you Miss Barry. Uh Mr Sweden invite you to provide testimony and we can we can save questions for the panel
[CHRIS SWEET (MCTA:] thank you. Honorable chairs and honorable2087 committee members. I completely echo what Ms. Barry has uh said earlier just a moment ago. These are changes that are sort of wonky obviously you know in the in the weeds kind of stuff. But frankly it goes back to the what burden you place on the taxpayer to pay the expense and cost of legal fees for those that don't care to pay. So we look for a favorable report on this bill or these bills. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you mr Sweet. Any questions from the panel for the panel from the committee.
Seeing none. Thank you both for your testimony. Would like to invite Miss Mary Cordero to provide testimony on house bills. 21 61 and 21 62.
[MARY CORDERO (COMMUNITY ACTION WORKS):] [HB2161] [HB2162] Thank you so much for this time. My name is Mary Cordero and I'm the eastern Massachusetts community organizer at Community Action Works. Our organization works side by side with community groups on the front lines of environmental harm to clean up and prevent toxic pollution in Massachusetts and throughout the Northeast. I'm here today to speak in support of H 2161 and H 2162. Currently, we live in a society where we rely heavily on landfills and incinerators due to our cultural dependence on single use materials, especially2174 plastics.
Companies are not held responsible for the single use materials that they are producing. In turn, cities and towns are left to deal with the waste, which ultimately ends up being burned polluting our air water and communities. For years we've worked side by side with Massachusetts residents who are fed up with being the dumping ground for the waste in their region. When we burn and bury trash, it doesn't disappear. The families living near incinerators breathe in the toxic chemicals and landfills eventually leak toxins often into our drinking water supplies. The Wheelabrator landfill and incinerator is a perfect example of cities and towns being left with the responsibility to clean up corporate-created waste.
Due to the age2215 of this incinerator pollution credits from other facilities must be bought in order to keep it open as it cannot keep up with the federal government's new standards. This plan is the oldest incinerator in the country with countless fire incidents and noxious fumes. It has hazardous health impacts on the neighboring communities from exposure to toxic Ash heavy metals and dioxin causing high rates of cancer to the residents. Despite all this, the incinerator has remained open. In addition to the hazards of burning trash the landfill next door with the leftover ash poses an additional layer of health and environmental concern.
There are no groundwater monitoring wells surrounding the landfill to monitor what lead shade is being released. Wheelabrator likes to paint themselves as a green company, but clean energy does not come out of a smokestack. Burning trash for energy is not renewable or green in fact it's less efficient than a coal fired power plant and far more toxic taboo. Um the solution to make our waste go away isn't burning it, it's reducing it. I'm submitting this testimony in strong support of bills, H 2161 and H 2162 and I'm here today to urge you to support these bills for the following reasons.
H 2161 an act further regulating siting of2291 solid waste facilities. The current siting of the Wheelabrator landfill and incinerator is so close to communities that residents surrounding the landfill in Revere Lynn and Saugus have high rates of cancer like I said earlier. And not only is the sighting of the facilities impacting residents health. It is located in an area of critical environmental concern. And as for an act to prohibit licensing by the Department of Environmental protection at the Wheelabrator facility in the town of Saugus.2317 As mentioned, the2318 Wheelabrator landfill and incinerator are a threat to2321 environmental and public health. So I urge the committee to step up and protect Massachusetts, residents and future generations by voting yes on house bills H 2161 H 2162. Thank you.
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Thank you Mr cordero. Any questions for mrs cordero from the committee?
[ERHLICH:] I actually do have a question Ms. Cordero
Yeah, I think so, madam. Chair I don't know if you were able to hear us but I think you're internet is frozen right now. Um I don't know if you can hear us. If you want to put your question in the chat from MS cordero
we'll wait for her to come back but mr cordero if you wanted to stick around um until um chair Ehrlich is is able to overcome the technical difficulty she's facing. Um I'd like to invite Lauren Fernandez right now to provide testimony on the same two bills H 2161 and H 2162.
Mr Fernandez if you're with us.
[LAUREN FERNANDEZ (CLF):] [HB2161] [HB2162] Yes good morning committee, thank you so much for your time and the opportunity to testify today. My name is Lauren Fernandez. I worked for the Conservation Law Foundation. I'm speaking on behalf of the Alliance of Health and Environment, the Coalition of Saugus Lynn and Revere residents, local environmental advocacy organizations and public officials. Um So again, thank you for the opportunity to testify today. I speak in support of both H2161 and H2162 sponsored by Representative Jessica Giannino. Um and we must think about the root of why we have ended up with landfills like the one in Saugus in the first place.
When we're allowing um the overproduction of single use materials, especially plastics, to be reduced without companies being held2445 responsible for the waste. Their producing cities and towns are the ones bearing those costs. Um they're dealing with the burden of having an overwhelming amount of waste to manage and all of it ends up being burned polluting our air water and ultimately it's our communities who are paying the costs, particularly for, communities. Um we have no better example of this than what's happening with the Wheelabrator incinerator in landfill in Saugus um as you've already heard today, this is located on the Rumney Marsh, which is a designated area of critical environmental concerns.
This is the oldest incinerator in the country. Residents nearby fear for their safety and health due to the fires and hazardous health impacts that have happened. Residents are regularly exposed to toxic ash and heavy metals like arsenic and lead. Um There are, there are high rates of cancers in residents higher than what we would expect to see in another small town in the commonwealth. Additionally, there are no groundwater monitoring wells around the landfills, which adds another layer of health and environmental concerns. The Alliance of Health and Environment supports these bills.
H 2161 would amend the current2516 law to consider how the Saugus landfill incinerator impacts designated environmental justice populations like the one in Saugus, um how the landfill incinerator would be impacted by anticipated sea level rise or flooding that that is associated with climate change and how the site impacts designated2535 areas of critical environmental concern. H 2162 would prohibit the Department of Environmental Protection from improving or issuing a licence for an additional burner at the Saugus landfill incinerator and again, we need to attack this problem from its roots.
We need to stop producing this waste in the first place and that will help us move away from our dependency on landfills and incinerators. Much of the waste that ends up in places like the Saugus landfill could be composted or recycled. Um We have good solutions that have been used all around the world um like composting and effective recycling legislation like2571 the bottle bill that would move us away from our dependency on toxic landfills and incinerators if we instead invested in programs and legislation like this.
Massachusetts has the potential to be a leader in moving away from landfills and instead moving towards a real Zero waste picture. The best way to protect the public health of residents of Revere Lynn and Saugus is to shut down the Wheelabrator landfill. These communities have already had too many burdens placed on them and it's time to stand with them which we can do by supporting all the bills I spoke about today. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you Mr Fernandez. I'd like to open it up to the committee for2610 any questions for Miss Fernandez or or MS cordero On these two bills.
Alright, seeing none. I want to thank both you ladies for your testimony here today. Uh, and invite next um town officials from the town of stoughton. Mark Tisdale and Robin grim Provide testimony on cynical to 548. All right. Thank an act authorizing the town of starting to transfer certain property in exchange for acquisition and dedication of other land department purposes. Thank you both for joining us today and the floor is yours. Thank SHOW NON-ESSENTIAL DIALOGUE
you. Thank you. I'll have Mark Take the lead on this for us.
[MARC TISDELLE (TOWN OF STOUGHTON):] [SB2548] Sure, thank you very much for having both. Robin and I here today for me it's my first time. So I'm a rookie. I'm sure Robin's been at these a few times. Um, essentially we're here for a bill a bill language due to an intersection product project we have in town. Um, it's a high crash intersection and involves a piece of park property Article 97 legislation in order to properly realign the intersection and portion of the Easterly Park that is unusable will will be removed but we'll be adding an equal amount2689 of land to the park due to a discontinuance of a nearby road.
The improvements will actually make the park more usable is now the intersection will have crosswalks leading up to it, going right to the park, there will be pedestrian signals, things of that nature. So the park will actually be usable. Town meeting has fully approved this project and funded the project. Um we we believe, you know, this is the highest crash intersection in Stoughton. It's also higher than the state and federal, state and district wide averages. So by providing a signalized intersection and a spot that doesn't currently have that will be a huge improvement for the area.
It's also on the state tip um for construction for2742 Biden next season. Um we do have one small change request for the bill since it got submitted. Uh I'm not quite sure exactly how that would happen just a couple of small sentences we need to insert into the bill to account for a gas line that's actually in Old Central Street2761 that is getting discontinued and added to the park area. Um We do want to allow for the town or the gas company to have an easement over that gas line which could encroach a small area of the park. I'm not sure if this is the time to read that change or not.
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Marc If you could send an email to our committee with that language change, that would be very very helpful. Um Parisella was on the phone but also I will put my email in the chat. So if you want to um email that proposed language to the email in the chat that would that would be helpful for us. Absolutely, thank you very much Miss grim thanks. No, nothing further. Marc has it covered. Okay thank you very2805 much. I appreciate your testimony. I'll open it up now to the committee. If there are any questions for for the panel Representative Philips thank you Senator.
[REP PHILIPS:] Um I just wanted to as one of the two representatives um for the town of Stoughton. I just wanted to add my support for the bill. Um obviously this is a no brainer we have we have a dangerous intersection that is being reconfigured. And so Robin and Marc and their teams at town hall have done a fantastic job in getting us to this point. Obviously we need this this land transfer in order to make the project work so um it obviously has my full support and I hope we can get a favorable report of the committee soon. Thank you.
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standing thank you Representative2844 Philips thank you. Thank you both again Mark and Robin for your testimony. Moving on I'd like to now ask Ben2855 Fierro to testify on Senate Bill 1327 an act providing for pre service training for members of local boards and commissions.
Good morning. Mr Chairman, can you hear me? I can hear you. Great to see you.
[BENJAMIN FIERRO (HBRAMA):] [SB1327] [HB4046] [HB4117] Great to see you. Senator and Representative Ehrlich and the members of the Committee for the Record. My name is Ben Fierro. I'm an attorney in Boston and lobbyist and proudly represent the Home Builders and Remodelers Association of Massachusetts. I'm here this morning to speak in strong support of Senate Bill 1327 sponsored by Senator Cyr and act providing for pre-service training for members of local boards and commissions. Mr Chairman and members of the committee This kind of legislation is long overdue. Massachusetts is an outlier among the states in how we regulate land use within our communities.
What I mean by that is, Massachusetts relies primarily on the efforts of volunteers to staff if you will, or serve on local conservation commissions, boards of health planning boards and zoning boards of appeal. These volunteers of which I am one by the way for 18 years now. I've served as the vice chair of the Zoning Board of Appeals in the town of Ipswich. So I'm very familiar with this I'm also volunteer chair of our Master Plan Commission. And our local boards and local volunteers in many small communities have no support, no professional support, professional staff to assist them.
In larger communities such as the cities of Lowell2946 or Lawrence or Cambridge or Salem there's a rather large and well staffed planning department2953 who can provide the technical assistance to these volunteers, but that's not the case in most of our hundreds of smaller communities. So these volunteers join these boards and commissions with the intent of helping and participating in their community and yet they are not provided with any2969 education or training in the laws that they are required to um implement in their community, whether it's local zoning, whether it's estate wetlands regulations, Board of Health regulations and so on.
So this legislation would, in my view, greatly improve local land use decision making by empowering these volunteers with the education and the knowledge that they need. So what is the bill do? The bill would amend various2996 statutes to require that volunteers on these boards would have to attend and participate in training that would be offered by the Commonwealth of Massachusetts at no cost to the municipality, no cost to the volunteer. So for instance, the Department of Housing and Community Development under this legislation would be required to offer or contract for educational seminars for members of Planning boards and ZBAs.
The Department of Environmental Protection would be required to offer or contract with, for instance, the Mass Association of Conservation Commissions to offer such training. Uh and so on. So the various agencies of state government would be tasked with offering or contracting. So, for instance, again, the citizens training collaborative at UMass, does a lot of this training, but again, folks have to pay for that sign up. So the legislation would allow the commonwealth to do that. That this legislation also requires that any of these training courses be developed in conjunction or in consultation with the Massachusetts Municipal Association.
So3063 Mass Municipal Association would be involved. The Mass Association of Conservation Commissions and other organizations would be part of that. Um, So what's3073 the objective? Well, in the past, some of the concern was that added cost frankly to these agencies. I think it was nearly a $5 billion state revenue surplus. Uh,3084 not addressing the issue of ARPA monies I don't think really the cost is an issue here. Secondly, what about convenience are we inconveniencing these volunteers. While the legislation would require the state agencies to offer these programs either on a regional basis or online.
And here again, we have a precedent for that. As local municipal officials, as all of you know, as well as volunteer members of planning boards, conservation commissions and so on must undergo biannual ethics training offered by the State Ethics Commission. I recently completed it myself again. I go online, I register, I go through the various questions and modules. You have to answer each3125 one if you have the wrong answer it corrects it tells you, um, there's no scoring of course at the end, you must complete it and it issues a certificate which you submit to your town clerk.
Very simple, very easy, convenient not a burden, but gives those municipal officials and volunteers a basic understanding of the conflict of interest law. So too this legislation would do the same thing for volunteers on these local boards. Um, we've been working on this legislation together with Mass Municipal Association and with other legislators. I was very pleased by Senator Cyr's enthusiastic uh, support for the legislation. And I do respectfully urge the committee to give it a favorable report.
I believe in past years the bill has gotten a favorable in some in some sessions I have gone to Ways and Means. And again, that issue of cost sometimes comes up. It really in this day and age it's rather de Minimis. It's not the situation we were talking about eight years or so ago when you would have to actually set up seminars in individual communities.
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Thank you. Mr appreciate it. I thank you.
And if you will indulge me, if I could just go on the record without testimony, I would like to record the Home Builders Association in opposition to House bill 4046 an act facilitating local approval of inclusionary zoning. As some of the members of this board who are attorneys no under Section 9 of the State Zoning Act. Communities can adopt inclusionary3220 zoning currently, as long as they provide a density bonus for the inclusionary affordable housing. House bill 4117 an act authorizing the town of Concord to adopt and enforce local regulations restricting new fossil fuel infrastructure in certain residential, certain construction. Our concern there is simply the cost impact on new housing. Homebuilders are rapidly adopting and using for instance, um air source heat pumps. Our issue has often been consumer resistance and we're urging the DOER and other agencies and Mass Save to provide more incentives in that area. Thank you so very much.
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Thank you Mr Fierro. Are there any questions for mr Fierro from the committee?
Alright, seeing none. Yeah, absolutely. Thank you for your testimony. Now, I'd like to invite my colleague Senator joan lovely to testify on Senate bill excuse me 13 46 and act relative to peg access and cable related funds. Thank you Senator. It's great to have you joining us this morning.
[SEN LOVELY:] [SB1346] Thank you. Chair Cronin and chair Ehrlich and members3282 of the committee, thank you for taking me out of order to offer testimony on Senate number 13463288 an act relative to PEG access and care-related funds. Massachusetts has more than 200 public educational and governmental PEG access stations, which provides hundreds of good jobs and makes available vital local information to our residents, which increases civic engagement and promotes government transparency. Funding for these important organization comes from a franchise theme that cable companies pay to municipalities in exchange for providing cable services.
In the past and I would say the past is many decades this funding flowed directly from the cable company to the PEG station always disbursed through a revolving fund not subject to appropriation. In 2018 Mass general law Chapter 44 Section 53F and three quarters was amended to require that PEG stations receive funding through an enterprise fund rightfully so which but however which now must go through the local appropriations process rather than as a direct payment from cable providers. S 1346 would remove the requirement subjecting the funds to appropriation. PEG stations operate an increasingly increasingly complex technological and regulatory context.
When consumers move away from watching cable PEG stations received less in fees and the FCC has the authority to cut these fees. And in some towns, the appropriation requirement has caused disruption for PEG programming, requiring stations to borrow funds from the town while waiting for a warrant article to pass. The simple fix provided in S 1346 which was developed with the Division of Local Services at the Department of Revenue would allow PEG Enterprise Funding to flow through a municipality, not subject to appropriation so that the station receives its funding without disruption without disruption. Again, this legislation would have eased the flow of funds to PEG stations so they can continue to enrich our communities. I reiterate my support for S 1346 and request the committee's positive consideration. Happy to answer any questions. Thank you.
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Thank you. Senator Lovely for your testimony and appearing before us today. I appreciate it and open it up now to the committee for any any questions for the senator.
Alright seeing none. Thank you. Thank you.
Um Next, I'd like to invite um David Got Here to Provide Testimony on Senate Bill 1346.
The floor is yours.
[DAVID GAUTHIER (MASS ACCESS):] [SB1346] Thank you very much Mr Chairman. Good morning to everyone and thank you for the opportunity. My name is David Gauthier. I'm the president of Mass Access, a nonprofit advocacy agency representing over 150 community media stations across the Commonwealth. Massachusetts boasts the3468 highest concentration of community media centers in the country and is viewed as a stronghold state nationwide. The strength of the local industry, however, does not make it immune to the financial adversity that plagues these organizations across the country.
S3485 1346 is really about cleaning up a well intentioned law which was put in place to protect franchise fees from being expanded on illegitimate projects. But the wording isn't quite right and it has triggered some unintended consequences. Mass Access has worked with the Mass Department of Revenue as esteemed Senator Lovely mentioned and they have agreed that a simple replacement of the word appropriated within the law would put an end to the need for a town meeting to approve monies intended for PEG services, a practice that has proven to be a financial hardship for several small operations.
With this slight change, municipalities3525 could set up revolving accounts for their PEG money, a simpler and more effective way to ensure that local PEG operations are funded in a timely manner. Massachusetts community media organizations find themselves facing an unsustainable situation of increased demand for services due to the pandemic and decreasing funding due to court cutting. While making this change will not solve all the issues that we face It would go a long way to easing financial burdens and improving services offered to Massachusetts municipalities. It is my hope that you will offer a favorable recommendation to S 1346. Thank you for your time. SHOW NON-ESSENTIAL DIALOGUE
Thank you. David, is there any questions right now um concerning 1346 from the committee?
[EHRLICH:] I just do have3573 a really quick question if that's okay. Thank you Mr. Chairman. Um Mr Gauthier I could certainly use improved services today with my cable it keeps going out and I don't know why. Um but that aside and and my apologies to everybody who's in the hearing for the disruption. Um I'm wondering what what this change of one word is there, is there anything that's lost?
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It looks like we lost chair like again, but I don't know if you've got enough of that question to to maybe you said it was well intended that it was written that's lost or what was by Mr process.
Oh my gosh
Madam. Chair, I can see and hear you right now. Would you like to um just repeat the question3631 for Mr Gauthier. Thank you. Can you hear me? Okay? I'm so sorry, but it's so ironic that this is the bill that we're discussing.
[EHRLICH:] I'm just curious if there's any oversight or anything given up by making this um one word change. Um You said it was well intended when when it was written that way and I'm wondering if um if there's any downside um to this change as far as oversight or local control over the money or or whatever. Thank you.
[GAUTHIER:] No problem. Um in in my opinion there is no downside to it, there's no opposition to the change here and we work closely with the DLS uh and the and the DOR Um as the as the agency overseeing all these monies and they don't have a problem with it either. The problem was you know the original language, it wasn't quite thought out the way it was supposed to and it was a it was sort of an afterthought when the DLS took a look at it and thought well this money really should be accounted in accounted for in a certain way and it's really sort of slowing things down. However we we do we do feel that you know that that direct funding part of it that Senator Lovely brought up is something that probably shouldn't be brought back. It should be accounted for within the town or the city wherever the monies go3715 but it is sort of slowing things down especially in smaller municipalities that have a representative town meeting. SHOW NON-ESSENTIAL DIALOGUE
Okay thank you and thank you. Senator Lovely for your testimony prior.
Thank you both. Any other questions?
Alright, seeing our3736 our hearing none. Um like to invite Alice Kaufman to provide testimony on House Bill 4117 and act authorizing the town of Concord to adopt and enforce local regs restricting new fossil fuel infrastructure in certain construction.
[ALICE KAUFMAN (CONCORD MUNICIPAL LIGHT BOARD):] [HB4117] Thank you Chair Ehrlich Chair Cronin and members of the committee for the opportunity to speak in support of House 4117. Uh I appreciate that this community has already heard similar testimony from other communities in the past few months and respecting your time I will keep my comments brief. I want to introduce you to Concord. We are3774 a green community and over the past 10 years have made significant advances in sustainability. We inventoried our climate vulnerable municipal buildings and have a plan to shore up their resiliency.
Our middle school is being designed to be net zero. We seated at a climate advisory board to guide town and residents on sustainability and sustainable energy future. And through our municipal life plant we incentivize residents to install energy and money saving heat pumps instead of heating systems that run on fossil fuels. We inventoried our greenhouse-gas emissions and published a climate change and resilience plan that lays out the road map for meeting our goals for carbon neutrality by 2050. Our municipal light plant is on target to provide Concord 100% carbon free electricity by 2030.
3829 But 60% of our greenhouse gas emissions come from the built environment. Our next step is clear. We3836 need to change how we build new buildings. We can't meet our climate, our community goals or the state goals if we continue to build buildings the way we used to. We need to start today to build the future that we see and know is possible Because any investment in fossil fuels now commits us to continued reliance on dirty fuels for the next 30 years or longer as new pipes are laid and gas begins to flow. What we build today is the next important step in our strategy to meet the climate crisis.
Concord's new bylaw as you heard from Representative Gouveia passed overwhelmingly in our 2021 town meeting and it sets the foundation for the energy clean energy future Our residents envision by requiring new construction to be fossil fuel free. But we need Home Rule Authority to implement it. And we urge you pleased to support to report favorably on Concord's request for Home Rule and be our3894 partner in meeting the commonwealth and Concord's shared goal for a cleaner energy future. Beginning now, thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you Miss Kaufman for your testimony. Any questions from the committee for Miss Kaufman.
Seeing none next, I'd like to invite Mr Todd Melanson3914 to testify on Senate Bill 1348. Act relative to local water and sewer district oversight.
[TODD MELANSON (CHELMSFORD WATER DISTRICT):] [SB1348] Mr Chairman, Thank you very much for your time. My name is Todd Melanson I'm the environmental compliance manager with the Chelmsford Water District. I appreciate the opportunity to give testimony on Senate Bill 1348 an act relative to local water and sewer districts. Chelmsford Water District Um Senate Bill 1348 would amend Chapter 165 of the general laws to give broad authority to the Department of Public Works to3954 oversee water or sewer districts established as an independent body politic and corporate pursuant to a special law.
Chapter 165 of Mass General Law deals with private water companies. Water and sewer districts are not private companies. They are municipal entities. They must comply with all the same laws that govern all other municipalities. We believe this bill was filed to address a particular3979 concern in Senator Moore's district and we do not feel it is appropriate nor necessary to pass this legislation that would impact districts statewide. Our district must comply with open meeting law and in doing3991 so provide opportunities for our ratepayers to participate in our meetings provide input on our financial decisions.
Annual expense and capital budgets are voted on by the rate takers at our annual meeting in April expenditures against approved budgets are approved by the treasurer and assistant treasurer. Revenue expense capital accounts are reviewed at monthly commissioner meetings that are open to the public to review and comment upon. The district business director and treasurer reviews reviews of our current rate structure is is trending appropriately for revenue projections to support expenses. Our annual um rates are analyzed, reviewed and approved by the board of Water commissions.
The district is audited annually and submitted to the gateway platform to the Department of Revenue to certify free cash, the financial reports that are uploaded to DOR are as follows balance sheets, treasurer's year end report cash reconciliation reports, outstanding receivables, statements of indebtedness, trial balance and unrestricted net assets Um In detail. We understand it can be quite expensive for private companies to present rate cases to DPU for approval. It would be impactful to our rates if we had the budget to do the same.
The Massachusetts, Water infrastructure Finance um Committee report already states that water um municipalities are underfunded as is um for current regulations. We hope that your committee will give this bill an adverse report as it will create a burdensome, burdensome and costly process for our district and our ratepayers and districts in general. In our opinion um it will provide no additional benefit. We would be happy to meet with you to discuss this legislation further if you have any questions or additional information. Thank you for your time.
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Mhm. Thank you. Mr Collins and I appreciate your work on this in your leadership um in the town of Chelmsford and and beyond. So thank you. Um are there any questions from the committee?
Okay thank you very much for your testimony here today. Um I see my my senate colleague um under Timilty coming on right now. So as he4134 gets connected I'd like to invite him to provide testimony on Senate Bill 25 48 an act authorizing the town of starting to transfer certain property in exchange for acquisition and dedication other land of purposes. Another Timilty I'm not sure if you're with us right now or are connected. Mr Chairman um while we're waiting for Senator tim multi to connect um wondering if I could just request that we bring back the people who were testifying on the wheelabrator issues after afterwards because I lost my connection. Thank you. And I see there are still4173 patiently waiting here so and I think yeah, so miss cordero and miss Fernandez if um do you have a question for them madam? Chair that you'd like to ask now? I do but I don't want to jump in front of Senator tim multi if he's if he's cute up here so I don't mind being Senator tim multi if if you're with us um invite you to provide testimony on Senate 25 48. Um It's great to have you here tonight. Well thank you very much. Chair Cronin again to chair Ehrlich chair Ehrlich thank you very much. I'm more than happy to defer to you Chair Ehrlich
Nice to see you. Nice to see you. Thank you.
[SEN TIMILTY:] [SB2548] Great to see you all and thank you very much again? Chair Cronin and uh it's a privilege to be here today to be before the committee. I4224 am here today to testify in support of bill Senate Bill 2458 Excuse me 2548 which is an act authorizing the town of Stoughton to transfer certain park property in exchange for acquisition and dedication of other land to park purposes and of course this is a Home Rule Petition and this is a new file. In short, this bill will allow for the proper realignment and signalization of the Route 27 Central Street and Tosca Drive intersections. Currently, this intersection has limited sightlines and a crash rate higher than the statewide average for unsignalized intersections.
Moreover, there are no pedestrian crossings provided to connect some of the preexisting sidewalks. Additionally, the sidewalk Tosca Drive is non ADA compliant. In addition, this bill will allow the town to Stoughton Mr. Chair to utilize a portion of the Frederick HPai Memorial Park. It is located between Central Street and Route 27, which is also known as Canton Street in order to properly realign Central Street and Canton Street into a standard T type signalized intersections. Furthermore, Mr. Chair, by utilizing a small portion of the existing public park this intersection will be made safer for drivers, pedestrians and cyclists.
4306 Also Stoughton will be discontinuing the use of the abiding Old Central Street of which a portion of the land area will be combined with the park resulting in a no net loss of area. Moreover, these crucial intersection improvements the park which is currently underutilized, will have improved ease of access, allowing pedestrians, cyclists and drivers alike to enjoy the park. Finally, the town of Stoughton has requested a few small language changes to the bill as it is currently filed, which I look forward to work with our chairs and the members of the committee and of course committee staff and I thank you very much tailored Ehrlich to incorporate these changes as the bill makes its way through your committee.
Again to chair, Ehrlich Chair Cronin Members of the committee, I greatly appreciate this opportunity to testify before you and as always chair Ehrlich and chair Cronin and I thank you for the cordiality and the kindness I look forward to working with you all. This bill has also been cosponsored by Representative Ted Philips and Representative Bill Galvin we are very proud members of the Stoughton Delegation. And uh we consider it a privilege to work for this great town. So with that I thank you both very much Chair Ehrlich and Chair Cronin. Look forward4376 to answering any questions that you might have and again look forward to working for the committee with the committee and for the committee.
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Thank you very much. Senator timilty4386 really appreciate you providing testimony today and appearing before us and I'll open it up to the committee for any questions for the senator.
Alright seeing or hearing? None, thank you very much. Senator look forward to seeing you soon. Um
Next I'd like to and you're welcome. Absolutely madam chair. I'd like to yield the floor to you um to to return and discussion4408 about the bills concerning the wheelabrator.
[EHRLICH:] Thank you so much. Mr Chairman. And my apologies to everybody here if this is repetitive. I I understand that Lauren Fernandez was able to testify while I was offline cussing out my cable provider and um I just forgive me if this has already been covered. But this um this Wheelabrator plant in Saugus4434 has long been of environmental concern um up on on the North Shore and it's something I've been aware of for at least two decades and trying to rein in their unlined ash landfill which is the largest unlined landfill in the nation.
Um there are4453 all kinds of heavy metals that are coming out of that plant. So I I just, my question is more if you could give me um what's4461 going on on the ground. Um I'd like to know you know what local communities are doing. I see that this bill is filed by my colleague in Revere and um I know that there's an environmental group involved um Conservation Law Foundation where you're from Lauren and also um a local organization which I believe Mary represents. So I just wanted to see what these bills specifically would do um and how the local communities are responding because this is the4493 municipalities committee. So um just um probably4496 giving you extra time, but I am legitimately curious as to what these4501 bills, um how they4502 will play out. So thank you.
[FERNANDEZ:] Absolutely thank you so much for following up and I'm sorry to hear about your internet outage. I know I understand that happens sometimes. Um so as far as on the ground. Um so today I speak on behalf of the Alliance4518 of of4519 Health and Environment, which is a grassroots organization of of residents primarily in Saugus but also neighboring communities Lynn and Revere. Um and also local environmental advocacy organizations like the Conservation Law Foundation Community Action Works where um Mary Cordero um is from. Um so4543 um so I know that they're working together to try to do different things to raise awareness education um so that others know working with legislators like Rep Giannino to help.
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and I apologize to the background with my son today don't have childcare today. Um so um anyhow, thank you for your understanding, it's fine and my own issues to so such as the virtual space for hearings. Thank you.
[FERNANDEZ:] So, so as far as that, that that's kind of what's happening on the ground trying to involve more residents helping them, you know, helping them understand, you know that these are the effects that are4585 happening, trying to to continue to build awareness and education around um you know, the4591 effects the public health impact of the incineratoror and landfill.
[EHRLICH:] How about the bills though? What4598 what?
[FERNANDEZ:] Right. Right. Right. So the bill. Um So what H I'm sorry, I just had to pull up my notes again. So what H 2161 would do is um would amend the current law to consider how those Saugus landfill um impacts environmental justice populations, like as we know, there is a significant designated environmental justice community in Saugus um and also would consider the impacts of the landfill incinerator. How that is also how that4629 would be impacted by anticipated sea level rise and and or flooding that's associated with climate change and how the site impacts designated areas of critical environmental concern, which we know the Rumney Marsh where the landfill's located, that's a designated.
[EHRLICH:] Can I just drill down on that one? Um We just passed4650 the energy, the energy bill that we passed um I guess at the end of last session4657 included in environmental Justice language. Is this redundant or is it is it different? Is it different because it's just specific to this particular landfill or is it covered by the what we already passed? SHOW NON-ESSENTIAL DIALOGUE
Sorry, sorry, I was having trouble meeting myself.
[FERNANDEZ:] Um So as far as I understand that this bill is specific to the environmental justice community in Saugus. Um But if you wanted to expand more information on that, that's something I could find more information about and follow up with you through email if that would be helpful.
[EHRLICH:] Okay, you know what Lauren? Thank you. Um I would appreciate that follow up and maybe we can we can talk offline about this and I'm sorry to put you on the spot this way but um but I am I am curious but I think I think it might be redundant that particular bill but I am concerned about a third um potential incinerator there on that spot and more Ash um going into that landfill in the sensitive, very sensitive marsh area. So um so thank you for your testimony. I'm not I'm not gonna prolong this further so we'll follow up.
[FERNANDEZ:] Thank you. I just wanted to add quickly that that the other bill H 2162 would actually prohibit the um to the Department of Environmental Protection from approving or issuing a license for a third burner as we know it's been proposed by the Wheelabrator Company. So um but yes we'll follow up and and thank you so much for for enquiring,4749 I appreciate the responses.
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Thanks so much and thank you Mr Chairman. Absolutely. Thank you Mr Fernandez. Um Next I'd like to invite mr Vincent Dixon to provide testimony on Senate Bill 13 45 and act to study establishment of and definition of a Middlesex regional commission. SHOW NON-ESSENTIAL DIALOGUE
Good afternoon,
good afternoon. The floor is yours? Mr Dixon. Thank you. You can hear me okay.
Can you hear me? Ok. Yes we can. Okay so we'll reference uh testimony.
[VINCENT DICKSON (CONCERNED CITIZEN):] [SB1345] [HB2161] [HB2162] Senators Representative and staff and4788 thank you for this hearing. My name is Vincent Lawrence Dickson residing at 60 Lake Street Unit N Winchester Mass 01890. This proposed legislation addresses the complex interaction of various issues relating to environmental concerns, development overdevelopment, and other related issues, especially strongly of concern in Eastern Massachusetts and Middlesex County. Many communities feel pressured by relatively weak resources and planning and related municipal functions in the face of deep pocketed and often large developers who intersect with one community after another and often show a lack of apparent concern for the individuality of local communities.
There are those that believe that the Cape Cod Regional Commission has had value. And so this proposal references that model as being a potentially useful comparative body. Middlesex County as a whole with 54 municipalities can be viewed as a rather large area, so it may be that sub defined districts of Middlesex North and Middlesex South could be and should be defined. While housing issues and 40B related issues are important, there must be a broader view of appropriately balanced interests that relieves some of the sense of pressure on local communities by an approach that is more fundamental than just master planning processes.
The balancing of environmental4871 concerns, educational services and local schools and the dynamic of more community friendly standards among various regional and subregional areas must be more thoroughly considered. While the commonwealth ultimately possesses substantial authority, there has been a sense of a significant loss of constructive local input. An example of what a regional commission might accomplish would be to screen and recommend developers who are more or less interested in particular types of development of varying sizes and characteristics kind of pre screening so that local and thinner staffed individual communities would have some useful preliminary information.
I'm in no way suggesting that there's a single solution to the complexity of environmental concerns, housing needs, school enrollments and operations and also a need for improved regional transportation needs. Rather, we must recognize that among other realities, the absence of county governments formations of any significance and competing individual economic and community concerns has left individual communities and certainly many areas in Eastern Massachusetts feeling pressured in many ways that do not have adequate mechanisms by which to address these complexities.
I look forward to further discussion with each and every one of you as you're interested and we are severally able please seriously consider a positive recommendation for S 1345. It has also come to my attention that there are other two local environmental legislative proposals, H 2161 and H 2162 which deals with the siting of solid waste facilities which consume many of the trash elements from local communities in the area and licensure of the generally known as Wheelabrator facility in the town of Saugus Filed by Representative Giannino.
I want to be recorded as strongly supporting those bills because they would provide sound, improved environmental opportunities and improve local controls for as many as 150,000 people in the Saugus Revere and surrounding areas. And I want to thank you and the committee for this hearing and the the bits of grass among the weeds of local government. Thank you.
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Thank you. Mr Dick Dixon. I appreciate your testimony. Any questions for Mr Dixon from the committee?
5007 All5007 right hearing and seeing none. Thank you Mr Dixon. I would now like to invite Mr steve Hungary's to provide testimony on on four house bills.
Let me read them into the record
158161216
to or excuse me. And then Senate bill 13 32 And and Mr Chairman while we're waiting waiting for Mr 10 years, I have to jump off at 1230 to testify in another5037 hearing. So I will try to be back if the hearing is still going on. I will return right after but I just wanted to let you know that. Thank you, madam. Chair um am I on now sir? Excuse5047 me on the floor is yours?
[STEVE CHANGARIS (NWRA):] [HB2158] [HB2161] [HB2162] [SB1332] Thank you very much. Mr Chairman, Members of the committee. My name is Steve Changaris. I'm the Northeast regional manager for the National Waste and Recycling Association and we're grateful for the opportunity to testify in the bills before you today. A little bit about the association. We represent the private sector waste and recycling services industry and Massachusetts and around the country. Uh we in our operations include the companies that manage waste recycling equipment manufacturers, and distributors and a variety of other service providers.
The Collective work of our essential Massachusetts industry is responsible for about 26,000 jobs. A payroll in excess of 1.3 billion And 5 billion in annual state revenues and an average annual compensation about $58,000 per employee. And um we were very grateful5103 during the pandemic to be deemed an essential industry, both by the federal government and the state government, and we were able to manage and keep5112 the um recyclables and the wastes being properly collected and processed during those, those critical times.
So today, the four bills of concern um involves three basic topics for us in the industry, um involving mandatory recycling, additional siting criteria and an outright siting prohibition and um you know, the spirit between of H 2158 Senate 1332. It's a fine idea. Uh The legislation proposes the mandate of uh this on the communities. Um The current model that the state operates under is with the Department of Environmental Protection. They just released their new waste plan for the next 10 years. Um And under5163 an elaborate set of state regulations driven by the Solid Waste Management Act Uh The communities operate under a system of regulations and directives from the state regarding disposal bans and recycling policy.
Uh And you know, the concept here is there is near universal access to recycling in the state. Uh one size doesn't fit all5186 the communities exercise discretion. We have concerns about the mandate. That's not so much our concern, but it's an intergovernmental concern that any kind of a state mandated recycling triggers the state mandate state pay mantra. So, you know, we all want more and better recycling programs. We all want to have a sustainable future uh and close the loop and have a circular economy. But the mandatory nature of 2158 Senate 1332 we have some concerns with.
And we also want to, you know, take just a step back and give the state and the communities a big shout out. We divert hundreds of thousands and millions of tons of materials from the disposal and into reuse industry. Uh5228 the DEP under the state law and the DEPs leadership, we divert the materials, we recycle them, we repurpose them and the remaining materials that we have are sent to safe and secure environmental disposal. On the additional citing criteria bill H 2161. Um you know, the bill has all the context of the hearing as a special bill against one facility. Um we're not here on that basis.
We're here as a regulated industry under the state law and set of rules and regulations and currently I think there are already 18 criteria criterion for siting a solid waste facility. You have an elaborate MEPA process Massachusetts Environmental Protection Act, you have co location authority between the Massachusetts DEP And the local Board of Health. Additional siting criteria are not needed at this time, we don't believe and um particularly under the two additional ones that are in 2161. And one other further note that is perhaps as important in this in this discussion, the Representative Ehrlich mentioned earlier, there are new new criteria coming under the Environmental Justice law and the Climate change law.
And both of those were significantly noted in the DEP Rollout of the new waste plan yesterday. Um You know, we have a lot of work to do. Uh you know, we've already had a very inclusive5315 process for building and siting facilities but5317 the environmental justice laws and the issues of the day have proven we have to do a lot more. And we're anxious to work with the administration under the law5324 and with the DEP And with the towns and the stakeholders to make sure that we cite our facilities and run them as best we can. And last the 2162 bill.
Um This is a again we have a if it's focused on one bill and one town that's one thing but we don't see it that way. This bill could be applied to any solid waste facility for any kind of expansion or whatever. And if I was a new facility coming to the state to try to build an organic management facility to help solve those problems, I'm going to look at this legislation and say if I build a site and it's and it's successful and I want to expand, it may be the town is going to try to pass a bill like this. So the concept of if it's a duly permitted facility and it has rights5372 and privileges under the permitting process and under5375 the existing statutes and and and precedents of law, this is a third party intervention in that process that, you know, um smacks have changed in the rules in the middle of the game.
Um And again, it it may be viewed for one facility in one town under a certain set of circumstances, but as an industry advocate, we're concerned that it would have a broader um impact uh for other facilities and not only in the solid waste industry but perhaps in other industries, power utilities and the like. So uh those are our concerns about the bill. I'll put some of the stuff to paper and get it on the record for the committee and thank you for the opportunity to present testimony. Thank you.
SHOW NON-ESSENTIAL DIALOGUE
Mr Chang-Diaz I'm grateful for your testimony and for your appearing before us today. So thank you for your time uh and comments, I'll open it up to the committee if there are any questions for mr Chang-Diaz Mhm.
Alright, seeing none. Hearing none. Thank you sir. Uh And last but certainly not least. I would like to invite Representative tom Stanley to provide testimony on House Bill 41 06 and act authorizing the town of Lincoln to establish a fee for check out. Thanks, thank you.
[REP STANLEY:] [HB4106] Thank you Mr Chairman and members of the committee, I'll try to be brief. Um We uh here to support House 4106 an act authorizing the town of Lincoln to establish a fee for check out bags. Lincoln, it's a Lincoln Home Rule Petition passed by the town meeting on May 15th 2021. Um it would authorize retail establishments to to charge a 10 cent fee5472 for all new check out bags to help ensure retail owners do not become5478 overburdened by the program. Certain types of bags are explicitly exempt bags used to carry items to the point of check out paper bags containing prescription medications, bags used to protect other items from contamination and bags placed over hanging hanging clothing.
Um There is a small5501 drafting error in Um from the town and drafting in legislation, Section 3 references Article 6 of Lincoln's bylaws which deals with the contracts by town offices when it should cite Article16 non criminal disposition. Lincoln's Council confirm that this is a technical error and the intent of the bill is to refer to Article 16 and one that the committee could correct if it deemed fit. Overall House 4106 would help reduce waste and promote sustainability in the town of Lincoln.
The language is modeled after other towns, um particularly Sudbury and their5547 legislation. I respectfully request that the joint committee on municipalities and regional government to report the bill out in a favorable recommendation and as are always, um I'm grateful for your time um to allow me to testify on this matter. Thank you very much. Mr Chairman and members of the committee.
SHOW NON-ESSENTIAL DIALOGUE
Thank you. Representative. Any questions from the committee for representative Stanley
and seeing and hearing none. Um I would like to to just ask is there anybody before us today that um it has not been able to provide testimony on a, on a bill before the committee today.5584 I believe we've covered everybody
okay with that. I am going to to read into the record. Um the bills that we did not hear testimony in person for today are for the committee for consideration. Um, House Bill 1 - nine, an act providing for more efficient wetlands. H 21 38 enact relative to partition fences. H 21 77. An act creating a commission to study the effects of unfunded mandates on municipalities. H 21 79 enact relative to snow removal fines. H 21 80 enact relative to protecting municipalities from unfunded mandates age 21 86 act relative to sanctuary cities and towns. H 21 87 act relative to school service contracts. H 22 04. An act requiring a performance bond prior to demolition. H 38 83. An act relative to municipal land ownership age 40 46 act facilitating local approval of inclusionary zoning each 40 98 act authorizing the conveyance of certain state property to the town of Salisbury. H 41 oh one. An act establishing the appointed office of town clerk in the town of Dunstable, H 41 oh four and act authorizing Nantucket land transfers, H 41 oh five and act authorizing Nantucket to issue pension obligation bonds or notes. H 41 23. An act relative to the Nantucket audit committee, H 41 66 act authorizing the city of Cambridge to provide police, fire emergency and other municipal services to certain properties in the city of Somerville and the city of boston, H 41 88 act authorizing the town of Pepperell to convey a certain parcel of land to the commonwealth. H 41 90 and act relative to Provincetown Public Pier Corporation, H 41 92 act authorizing the town of East um acting by and through its board of Selectmen to convey conservation restriction on a certain parcel of land to the east. Domb conservation Foundation. S 13 28. Now creating a commission to study the effects of unfunded mandates on municipalities. S 13 32. An act encouraging municipal site recycling and composting. S 1338 enact relative the forest wardens. S 25 24. An act providing for a gender neutral charter in the5737 City of Summerville, S. 25 39 act authorizing the County of Plymouth the issue pension obligation bonds or notes.
Okay, we just catch my breath.
Thank you everybody for your patience. I'd also like to represent recognize Representative tram Nguyen for for being here and joining the committee today um with that um that that concludes this committee hearing, I'd like to thank everybody and especially Chair Ehrlich staff for their really remarkable hard work to um to keep this committee5776 going, so I'm very grateful to them. Uh And with that I uh5781 motion to to close this hearing if I if I get a second Move to the 2nd. All right, thank you very5789 much everybody see you all soon. Thank you. Mr Chairman.
Mhm.
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