SECTION 1.

Whereas The land and waters within the Commonwealth have distinct natural, scientific, historical, scenic, cultural, architectural, archeological, recreational, economic, agricultural and other values;

Whereas the obligation to protect the many valuable resources of the Commonwealth is shared by local, regional, state and national governments, civic organizations, businesses and the general public;

Whereas such resources are being adversely affected by a lack of effective planning designed to bring about coordination and cooperation among the various levels of government, the private sector, and the general public concerning land use decisions and planning for sustainable development in a manner that protects the environment and the economic well-being of the Commonwealth;

Whereas the common good of the Commonwealth is served by promoting sustainable development in order to provide alternatives to low-density development and sprawl;

Whereas damage to natural, cultural, historic and other resources and to the economy of the Commonwealth may be avoided or mitigated by proactive and coordinated planning for sustainable development;

Whereas sustainable development will be promoted when state government entities and regional planning agencies coordinate with each other and with local governments concerning land use planning and development in a manner that fosters sustainability;

It is hereby resolved that in order for sustainable development to be successful, land use planning must be as comprehensive as possible and address multiple needs of communities including, but not limited to: natural, cultural and other resources; housing; economic development, open space and recreation; infrastructure including services and facilities; and transportation.

SECTION 2.

Chapter 41 of the General Laws, as so appearing, is hereby amended by striking out section 81D and inserting in place thereof the following:

Section 81D.

(a) . Definitions

In this Section, unless the context otherwise requires, the following words shall have the following meaning:

(1) "Approved" Plan" is one that has been determined, during a comprehensive review by the applicable RPA under section (d) of this Act, to be both complete and sustainable, and which has also received local approval under section (e) of this Act.

(2) "Completion Review", part of the Comprehensive Review conducted by the applicable RPA under section (d) of this Act of a Plan submitted by a municipality to the applicable RPA. The completion review portion of the Comprehensive Review is conducted to determine whether a submitted Plan addresses each required Plan element described in subsection (c) of this Act and enables the municipality to receive the balance of any plan preparation grants due to it under subsection (h).

(3) "Certification of Plan" refers to certification by the applicable RPA of a municipal Plan in accordance with subsection (f), following submittal by the municipality of an approved Plan containing finalized land use regulations.

(4) "Director", the Director of the Department of Housing and Community Development (DHCD).

(5) "Land Use Regulations", regulations, administered in whole or in part by a municipality, which materially affect the purposes of this Act, such as zoning, subdivision, wetlands, public health and transportation.

(6) " Local Comprehensive Plans" (Plans), plans developed and implemented by municipal governments in accordance with this Section. Local Comprehensive Plans may be new plans or may be existing Master Plans that have been revised or modified in accordance with this section.

(7) "Local Legislative Body" is Town Meeting, City Council, Board of Aldermen, or other local legislative bodies.

(8) "Plan Implementation Grants and Financial Assistance" refers to financial assistance, including grant provisions and the establishment of a dedicated fund, as described in subsection (i) of this section. Said assistance shall be provided to municipalities with Certified Plans to assist said municipalities with the implementation of the Plans.

(9) "Regional Planning Agencies" (RPA) refers to organizations which are multijurisdictional and address issues that cross municipal and/or town borders. Regional Planning Agencies are established under the laws of the Commonwealth.

(10) "Regional Policy Plans" (RPPs) are plans developed and implemented by RPAs in accordance with Chapter 40B of the General Laws and with subsection (e) of this Act.

(11) "Secretary" means the Secretary of the Executive Office of Environmental Affairs (EOEA).

(12) "Sprawl" is unmanaged, unsustainable development.

(13) "State Sustainable Spending Plan", is a plan developed by state agencies as specified in subsection (k) of this section.

(14) "Sustainable Development Municipal Grant Fund" is a Fund established to provide grants to municipalities for activities relating to the development and preparation of Local Comprehensive Plans. The Fund is created and administered in accordance with subsection (h) of this section.

(15) "Sustainability Review", a review conducted of a Local Comprehensive Plan (Plan) by the applicable RPA in accordance with subsection (g) of this Act.

(16) "Sustainable Development" is development purposefully designed to bring about efficient, safe, healthy, prosperous and livable communities (local, regional, and state) while simultaneously maintaining and enhancing the environment, the natural resource base and the ongoing functioning of natural ecosystems that are fundamental to sustaining life for current as well as future generations.

(b). Purposes.

The purposes of this section are as follows:

(1) to protect lands, water, and air within the Commonwealth in order to ensure the preservation of distinct natural, scientific, historical, scenic, cultural, architectural, archeological, recreational, economic, and agricultural resources;

(2) to recognize the shared obligation of the local, regional, and state governments and businesses and the general public to protect the many valuable resources of the Commonwealth;

(3) to prevent the many resources of the Commonwealth from being adversely affected by a lack of effective planning designed to bring about coordination and cooperation among the various levels of government, the private sector, and the general public concerning land use decisions and planning for sustainable development;

(4) To encourage the common good of the Commonwealth by promoting sustainable development in order to provide alternatives to low-density development and sprawl;

(5) to encourage state government entities and regional planning agencies to coordinate with each other and with local governments on the plan in its developmental or draft stages;

(6) to understand that for sustainable development to be successful, land use planning must be comprehensive and address multiple needs of communities, regions, and the state including: the preservation of natural, cultural and other resources; the promotion of sustainable economic development; and the provision of necessary services, facilities and infrastructure.

(c). Local Comprehensive Plans

A planning board, established in a municipality under section eighty-one A, is encouraged to develop, in consultation with other elected and appointed municipal boards, a Local Comprehensive Plan of such municipality or parts thereof as said board(s) may deem advisable and from time to time may extend or perfect such plan. The plan, at a minimum, should be revised and/or updated, every five years.

A Municipality which intends to develop a Plan as described in this subsection may apply for a grant to assist with costs associated with Plan development and preparation in accordance with subsection (h) of this section.

Such plan shall be a statement, through text, maps, illustrations or other forms of communication, that is designed to provide a basis for decision making regarding the long-term physical development of the municipality. The Local Comprehensive Plan shall be internally consistent in its policies, forecasts and standards, and shall include the following elements:

(1) Goals and policies statement which identifies the goals and policies of the municipality to protect its natural resources and to provide for its growth and development. Each community shall conduct an interactive process to determine municipal values and goals and to identify patterns of development that will be consistent with these goals. Said municipality must ensure that the planned development process is open, public and broadly participatory. All interested parties shall be encouraged to participate from the beginning of the process and to comment on the plan in its developmental or draft stages. Municipalities are encouraged to involve interested parties including, but not limited to: residents of the municipality; municipal officials, boards, and commissions; business and industry representatives; environmental and public health groups; watershed area representatives and teams; conservation commissions; affected RPAs; representatives of abutting municipalities.

(2) Land use plan element including a land use plan map illustrating present land uses and designating the proposed distribution, location, and inter-relationship of public and private land uses. This element shall relate population density and building intensity to the capacity of land available and to planned facilities and services.

(3) Natural and cultural resources element which provides an inventory of the significant natural, cultural, and historic resource areas of the municipality and policies and strategies for the protection and management of such areas.

(4) Watershed protection element which identifies water resources contained in whole or in part within a municipality, including resources and problems relating to water supply, wildlife habitat, and the impact of development activities on these watershed resources..

(5) Housing element which identifies and analyzes existing and forecasted housing needs and objectives including programs for the preservation, improvement and development of housing, including affordable housing. This element shall identify policies and strategies to provide a balance of local housing opportunities for all citizens.

(6) Economic development element which identifies policies and strategies for the expansion or stabilization of the local economic base and the promotion of employment opportunities.

(7) Open space and recreation element which provides and inventory of recreational resources and open space areas of the municipality , and policies and strategies for the management and protection of such resources and areas.

(8) Services and facilities element which identifies and analyzes existing and forecasted needs for facilities and services used by the public, including, but not limited to, those related to: education, public safety, water and sewer services, energy demands and energy conservation, and other utilities.

(9) Transportation element which identifies existing and proposed intermodal transportation systems including roads, mass transit, pedestrian, bicycle, and waterways, as well as the impacts of such systems on land uses within the municipality.

(10) Implementation program element which defines and schedules the specific municipal actions, including the identification of the anticipated costs and revenues, associated with each element of the plan. This element shall specify the process by which the municipality’s regulations shall be amended so as to be consistent with the Plan.

Such a Plan shall be developed, and may be added to or modified from time to time, by presentation to and approval by Town Meeting, City Council, or other legislative body. Any additions to, modifications of, or amendments to the Plan must be presented to and approved by Town Meeting, City Council, or other legislative body. Such Plan or Plan modifications shall, upon approval so described, shall be made part of the public record and a copy of such Plan or Plan modifications shall be submitted to the Department of Housing and Community Development. The Plan and any modifications to the Plan shall be filed with the office of the clerk of the municipality.

A municipality which has an established master or study plan under section eighty-one A and applies for a state grant from the Commonwealth, shall prepare and keep on file within such municipality an economic development supplement; provided, however, that such municipality shall not be required to prepare such supplement if such municipality has a supplement on file. Such supplement shall be at least one page in length and shall contain the goals of the municipality or town with respect to industrial or commercial development, affordable housing, and preservation of parks and open space.

To the extent that one or more of the elements of the Plan is already addressed in another plan, such as an Open Space and Recreation Plan, such plan(s) may be included as a component of the Plan in order to satisfy that particular element of the Plan.

(d) Comprehensive Review of Plan

A municipality shall submit its Plan to the applicable RPA for a Comprehensive Review as to the completion and the sustainability of the Plan. The RPA shall, within 60 days of receipt of a Plan, prepare and submit to the municipality a written review of the Plan that shall include a determination as to whether the Plan is complete and sustainable in accordance with this subsection. The RPA shall also include in the review, language specifically identifying any deficiency or omission with respect to each required element described in subsection (c) of this Act and each criterion described in this subsection. The review shall include, where appropriate, suggestions or guidance as to how said omissions or deficiencies may be rectified.

(1) A Plan shall be deemed both complete and sustainable if the applicable RPA is able to ascertain the following:

(i) for the purpose of determining that said Plan is complete, that each of the elements required in subsection (c) of the Act is included in the Plan, and

(ii) for the purpose of determining that said Plan is sustainable, that each of the criteria described in this section, is included in the Plan.

(2) A Plan is sustainable if the Plan satisfies each of the following criteria:

(i) said Plan is designed to bring about efficient, safe, healthy, prosperous and livable communities (local, regional, and state) while simultaneously maintaining and enhancing the environment, the natural resource base and the ongoing functioning of natural ecosystems that are fundamental to sustaining life for current as well as future generations;

(ii) said Plan is compatible with the approved Plans of abutting municipalities and with the relevant RPP, if adopted, and

(iii) the submitting municipality has proposed appropriate land use regulations necessary to implement the elements of said Plan. In order for the municipality to receive Certification from the applicable RPA, enabling municipality to be eligible for financial assistance under subsection (i) of this section, said municipality shall satisfy the requirements of Certification as described in subsection (f) of this section.

(3) Upon receipt by a municipality of a written statement from the applicable RPA as part of the Comprehensive Review that the Plan of the municipality is complete, the municipality may apply to EOEA for the remaining balance of the Plan preparation grant awarded to it in accordance with subsection (h) of this Section. A copy of said written statement of completion shall be filed with the office of the clerk of the town or city.

(e) Local Approval of Plan

(1) Upon receipt of a Plan that has undergone a Comprehensive Review by the applicable RPA, the submitting municipality may present such Plan for approval to Town Meeting, City Council, or other legislative body. Any additions to, modifications of, or amendments to the Plan maybe presented to and approved by Town Meeting, City Council, or other legislative body.

(2) A Plan shall not be in effect until:

(i) the Plan has undergone a Comprehensive Review in accordance with subsection (d) of this section and has been determined to be complete (however, the Plan need not be determined to be sustainable in order to be in effect) and (ii) the Plan has received local approval in accordance with this subsection. Notice from the applicable RPA that a Plan has been determined to be complete shall be filed with the office of the applicable municipality.

(f) Certification of Plan by RPA

(1) Upon approval of a Plan that has undergone a comprehensive review in accordance with subsection (d) of this Act, the municipality may submit the approved plan, including the finalized land use regulations required under subsection (c), to the applicable RPA for certification that the Plan is complete and sustainable.

(2) The RPA shall state, in writing, that the Plan is certified as complete and sustainable. The municipality shall, upon receipt of the written certification, file such certification with the office of the clerk of the municipality.

(3) If a Plan is determined by the RPA to be insufficient for certification, the RPA must notify, in writing, the municipality that the Plan is insufficient for certification and shall specify, in detail, the reasons for such insufficiency. The municipality shall first attempt to rectify or address the Plan insufficiency through consultation with the RPA. If the municipality is unable to rectify or address the Plan insufficiency and to obtain a certification, the municipality may appeal such denial of certification in accordance with subsection (g) of this section.

(4) Upon receipt by a municipality of written certification in accordance with this subsection, the municipality may apply for financial assistance in accordance with subsection (i) of this section. No municipality may be eligible for said financial assistance under subsection (i) unless said municipality has received from the applicable RPA a written certification that the Plan is complete and sustainable in accordance with this subsection and has submitted a copy of said certification to the Secretary and the Director.

(g) Municipal Appeals of Comprehensive Review Decisions

(1) A municipality may appeal a decision by an RPA that a Plan is either incomplete or is not sustainable in accordance with subsection (d) of this section; or is not sufficient for the purposes of certification under subsection (f) of this section.

(2) Appeals under this Act shall be made first to EOEA. EOEA shall develop a process for hearing and deciding appeals from municipalities under this Act. Upon receipt by a municipality of a decision rendered by EOEA, pursuant to an appeal made in accordance with this subsection, said municipality may, of aggrieved by said decision, appeal to any court of competent jurisdiction as provided for the laws of the Commonwealth.

(3) A municipality may elect, in lieu of appealing a determination by the applicable RPA that a Plan is either incomplete, is not sustainable, or is insufficient for certification under this Act, to modify or amend the Plan in order to address the stated deficiencies in the original Plan. The municipality may resubmit the Plan to the RPA for second Comprehensive Review in accordance with the provisions the provisions governing the original comprehensive review as described in subsection (d) of this section.

(h) Plan Preparation Grants for Municipalities

There is hereby established and set up on the books of the Commonwealth a Sustainable Development Municipal Grant Fund, into which shall be credited monies contributed by the Commonwealth including any appropriations or other monies authorized by the general court and specifically designated to be credited to said Fund.

The Fund shall be administered by the Secretary. Amounts credited to said Fund shall be provided as grants to municipalities for activities relating to the development and preparation of Plans under this Act.

The Secretary shall adopt regulations establishing the grant program created under this Section of the Act including, but not limited to: the factors to be used by EOEA in determining the amount of the grant funds that will be awarded to each municipality; an application process for municipalities to use to apply for grant funds; and provisions governing the funding of RPAs in the conducting of RPA responsibilities under this Act. Factors to be used by EOEA in determining the amount of grant funds to be provided to each municipality shall include, but not be limited to: complexity of the planning issues confronting each municipality; and the capacity of each municipality to fund the planning process. Regulations shall also create an incentive program for multi-municipal planning.

$35,000,000 shall be appropriated to the Fund for disbursement as grants to municipalities and to EOEA for the development and preparation of Plans encouraged to be prepared under this Act.

(i) Plan Implementation Grants and Financial Assistance

Sustainability Grant Incentives for Municipalities

Each agency of the Commonwealth that allocates or appropriates funds to municipalities for any authorized program for which the Commonwealth provides an allocation or appropriation shall incorporate into its existing methodologies for allocating and/or appropriating fund, a methodology for establishing priority for the allocating or appropriating of said funds to municipalities that have Certified Plans . Said methodology for prioritizing the allocation or appropriation of funds shall be in effect by 2005. In addition, each agency of the Commonwealth shall also develop a methodology by which each municipality that has a Certified Plan shall be eligible to receive a reduction in the amount of matching funds that is otherwise required to be paid by said municipality for any authorized program for which the Commonwealth provides a matching allocation or appropriation. Said methodology for reducing the amount of matching funds otherwise required to be paid by a municipality shall be in effect by 2005.

(j) Regional Policy Plans

Each RPA shall develop a RPP or revise or modify existing RPPs developed in accordance with Chapter 40B. Any and all revisions or modifications of existing RPPs, or the development of new RPPs, must include the establishment of goals and objectives in each of the following areas: housing; land resources; land use; transportation; economic development; water resources; and capital investment and infrastructure.

(1) Required Elements of RPP

Each RPA shall address within its RPP, the elements described in subsection (c) pertaining to Local Comprehensive Plans. Each RPA shall adapt said elements to the regional level of government.

(2) Optional RPP Elements

There are four optional elements that may be included in an RPP. They are:

(i) Regional buildout projection and analysis

(ii) Regional infrastructure, inventory, assessment and capital improvements program (if appropriate)

(iii) regional sustainability indicators and reporting element

(iv) intergovernmental coordination element

(3) Public Participation and RPP Development

In developing RPPs under the provisions of this Act, the RPA shall employ an open, inclusive, and broadly participatory process in the same manner as is required of municipalities under subsection (c) of this section. RPAs may jointly establish uniform procedures under this section. RPPs shall cooperate with the Office of Geographic and Environmental Information and utilize the geographic information system in the preparation of RPPs.

Regional public notification and participation procedures shall ensure widespread public participation in the RPP planning process including, but not limited to: each municipality within the RPA; abutting RPA communities and the applicable RPA; businesses and industry; environmental and public health groups; local government officials; watershed area representatives; conservation commissions; RPPs; and representatives of State agencies and departments.

Each RPA shall conduct at least one public hearing or meeting to solicit comments and input on the notification and public participation procedures required under this subsection.

(4) Timing of RPPs

Development of an RPP by an RPA shall be initiated and completed as soon as possible after the effective date of this Act. Under no circumstances, shall the failure of an RPA to initiate and/or complete an RPP impede or prevent the ability of a municipality to develop a Plan under this Act.

A municipality that has completed a Plan within the five years prior to the effective date of this Act, is authorized to review and amend the Plan to satisfy the provisions of this Act.

(5) RPP Review, Approval, and Certification

RPPs shall be subjected to a self-certification review and approval process that shall provide that if an RPP is approved by a simple majority vote of the applicable RPA membership, the RPA shall be authorized to approve and certify the RPP as complete.

(6) Funding Support for RPP Planning

In order to comply with the provisions of this Act pertaining to RPAs, funding for complying with said provisions shall be in accordance with the following formula: base funding of $100,000 per year per RPA, plus .70 cents per capita based upon the most recent U.S. Census data on population.

(k) State Requirements

(1) State Sustainable Capital Spending Plan

(i) Each agency of the Commonwealth shall develop a State Sustainable Capital Spending Plan (State Spending Plan) that is consistent with the elements required of Local Comprehensive Plans and with RPPs. The agencies that shall develop said plan shall include, but not be limited to: the Governor or his/her designee of the Executive Offices of Environmental Affairs; Department of Education; Transportation and Construction; Health and Human Services; Public Safety; Elder Affairs; Division of Energy Resources; Administration and Finance; the commissioner or his/her designee of the Division of Capital Asset Management; the director or his/her designee of the Division of Housing and Community Development; the executive directors or their designees of the Massachusetts Port Authority; Massachusetts Water Resources Authority; Massachusetts Bay Transportation Authority; and the Massachusetts Turnpike Authority.

(ii) State Goals

To concentrate on existing or planned infrastructure in areas that are environmentally suitable for development;

To protect, to the maximum extent possible, environmentally sensitive lands, natural resources, wildlife habitats. and cultural, natural, and historic landscapes;

To encourage the reuse and revitalization of existing infrastructure rather than the construction of new infrastructure in undeveloped areas;

To revitalize existing downtown areas in our cities, towns, and villages

To protect and enhance resource-based industries and land-protective forms of economic development, such as agriculture, forestry, fishing, tourism, and recreation; and

To ensure that permitting, funding, and construction activities by state agencies do not enable, contribute to, or perpetuate sprawl.

(iii) Consistency with Plans and RPPs

State agencies shall ensure that their state capital spending plans are consistent with Local Comprehensive Plans that are Certified in accordance with subsection (f) of this section, and with RPPs approved and certified in accordance with subsection (j) of this section. This provision requiring that each state capital spending plan be consistent with Local Comprehensive Plans and with RPPs shall not apply where the Governor has certified that there is an overriding public interest in implementing an inconsistent state capital spending plan or any of its provisions.

SECTION 3.

Chapter 40B of the General Laws, as appearing in the 19986 Official Edition, is hereby amended by adding the following section after Section 5(b):

Section 5(c). Sustainable Development Act

"Any regional planning entity established under this Chapter shall be granted the powers and duties necessary to implement the relevant provisions of Chapter 41, Section 81D.0Q."