reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 20 - Department of Food and Agriculture › Section 6a - Intern Scholarship Program

Section 6A. There shall be established an intern scholarship program which shall be administered by the commissioner. The commissioner, subject to appropriation and grants from other sources, may grant scholarships providing for the payment of room, board, tuition and other fees to any person who is eligible to attend an accredited college or university and who enrolls at such college or university in a course of study leading to a degree in the field of animal health, satisfactory to the commissioner. In no event shall any student receive such scholarship aid for more than four years.
To be eligible for such scholarship a person shall (1) be a citizen of the United States and a resident of the commonwealth; (2) be a high school graduate or have an equivalent education; (3) have been accepted for admission as a regular student in an accredited college or university approved by the commissioner to pursue a course of instruction satisfactory to the commissioner; (4) contract, with the consent of his parent or legal guardian if he is a minor, with the commissioner or his designated representative, to serve with the department for a period of three years following his graduation, and to serve with the department during the regular periods of summer vacation while attending such college or university except for such vacation periods as the commissioner may establish by regulation; provided, however, that the department shall not be liable to pay wages to said student during said vacation periods.
Service rendered to the department by a recipient of such a scholarship during the three year period following his graduation, and during the regular periods of summer vacation, and such other vacation periods as the commissioner may determine, shall not be subject to the provisions of chapter thirty-one.
The commissioner may, subject to available appropriations and grants from other sources, establish within the department a scholarship program of graduate study for eligible persons wishing to attend any accredited graduate program at a college or university satisfactory to the commissioner.
The scholarship awards or aid granted by the commissioner under this section shall be on a competitive basis.
The commissioner may adopt such rules and regulations as he deems necessary to carry out the programs authorized by this section.
Any money expended under authority of this section shall be paid from the Agricultural Purposes Fund.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 20 - Department of Food and Agriculture › Section 6b - Equine Advisory Committee; Members; Terms

Section 6B. There shall be in the department a committee to be known as the equine advisory committee which shall consist of seven members to be appointed by the commissioner. Two members shall be nominated by the Massachusetts Farm Bureau Federation, one by the Massachusetts Association of Stable Owners, Operators and Instructors, one by the Massachusetts Horsemen's Council, one by the Yankee Draft Horse Association, and one each representing the standardbred and thoroughbred breeding industry in the commonwealth. Of the members first appointed hereunder, one shall be appointed for a term of one year, two for a term of two years, one for a term of three years, two for a term of four years, and one for a term of five years, and until the qualification of their respective successors. Upon the expiration of the term of any member, his successor shall be appointed in like manner for a term of five years. The committee shall elect its own chairman and clerk, and shall keep accurate records of its meetings. The members of the committee shall serve without compensation and shall meet at least annually to advise the commissioner on matters related to the viability of equine agriculture in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 20 - Department of Food and Agriculture › Section 19 - Appeal

Section 19. Any person aggrieved by a decision of the commissioner may, within ten days after such decision, appeal therefrom, by petition to the superior court in the county he resides in, or the county of Suffolk. The court shall hear such petitions speedily in accordance with the usual course of procedure in equity, and may affirm, modify or revoke such decision.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 20 - Department of Food and Agriculture › Section 22 - Non-Development Covenants

Section 22. Notwithstanding the requirements of sections forty F to forty I, inclusive, of chapter seven, the department may acquire non-development covenants for terms of limited duration. The department shall adopt regulations to carry out the provisions of this section.
Non-development covenants for terms of limited duration shall be exempt from any regulations that require an appraisal, an environmental site assessment and a survey. The department may require other expedited requirements appropriate for the duration of the non-development covenant.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 20 - Department of Food and Agriculture › Section 25 - Annual Report of Agricultural Lands Preservation Committee

Section 25. The agricultural lands preservation committee shall prepare an annual report. The report shall include the number and geographic distribution of applications accepted and rejected, the acreage and costs of purchases, and such other information as will enable the program to be evaluated.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 20 - Department of Food and Agriculture › Section 26 - Property Tax Assessment of Land Under Agricultural Preservation Restrictions

Section 26. Land under agricultural preservation restrictions, while actively devoted to agricultural, horticultural or agricultural and horticultural use as defined in sections 1 to 5, inclusive, of chapter 61A, shall be assessed for general property tax purposes at values no greater than those determined by the methods and provisions of section 10 of said chapter 61A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 20 - Department of Food and Agriculture › Section 27 - Farm Viability Technical Assistance and Implementation Funding

Section 27. Notwithstanding any general or special law to the contrary, the department may offer farm viability technical assistance and implementation funding to an owner of land subject to an agricultural preservation restriction, as defined by section 31 of chapter 184 if such owner demonstrates, in the case of implementation funding, that: the implementation shall improve the economic viability of the farm; retain or create private sector jobs and tax revenue either directly or indirectly associated with a farm business; improve farm productivity and competitiveness; expand farm facilities as part of a modernization or business plan; support renewable energy or environmental remediation projects on farms; or expand and support markets and infrastructure to strengthen the farming industry. The department shall adopt regulations to carry out this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 20 - Department of Food and Agriculture › Section 29 - Farm Capital Linked Loan Fund

Section 29. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Farm Capital Linked Loan Fund, consisting of revenues received under subsection (b) of section 28, including any interest or investment earnings on such monies and all other monies credited or transferred thereto from any other fund or source pursuant to law. Any unexpended balance in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.
The fund shall be held and applied by the commissioner to make qualified linked loans pursuant to said subsection (b) of said section 28. The books and records of the Farm Preservation Linked Loan Fund shall be subject to an audit by the state auditor, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 20 - Department of Food and Agriculture › Section 31 - Dairy Promotion Trust Fund

Section 31. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Dairy Promotion Trust Fund, consisting of revenues received pursuant to subsection (d) of section 30, including any interest or investment earnings on such monies and all other monies credited or transferred thereto from any other fund or source pursuant to law. Any unexpended balance in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.
The dairy promotion board, established in subsection (a) of section 30, shall have exclusive authority to receive, deposit, invest and expend monies pursuant to section 30. The books and records of the Dairy Promotion Trust Fund shall be subject to an audit by the state auditor, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 20 - Department of Food and Agriculture › Section 32 - Agricultural Inspection and Infrastructure Trust Fund

Section 32. There shall be established and set upon the books of the commonwealth an Agricultural Inspection and Infrastructure Trust Fund, consisting of: (i) fee revenues from apiary inspections under sections 32 and 35 of chapter 128, poultry inspections under section 124 of chapter 94, registration of animal rescue and shelter operations under section 39A of chapter 129 and registration of pesticide companies; (ii) interest or investment earnings on such monies; and (iii) all other monies credited or transferred to the fund by law.
The commissioner shall be the trustee of the fund and may expend monies in the fund without further appropriation for programs and costs related to the following: (1) sections 32 to 38, inclusive, and sections 64 and 65 inclusive of chapter 128; (2) the integrated pest management program established in chapter 132B and in chapter 85 of the acts of 2000; (3) spay and neuter programs and animal rescue and shelter programs established under section 139A of chapter 140; (4) poultry testing programs established in 330 CMR 5.00 seq; and (5) the Agricultural Innovation Center.
Any unexpended balance in the fund at the end of the fiscal year, not to exceed $200,000, shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 1 - Department; Natural Resources Defined; Duties; Divisions

[The Department of Environmental Management was changed to the Department of Conservation and Recreation by 2008, 451, Sec. 33.]
CHAPTER 21. DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Chapter 21: Section 1. Department; natural resources defined; duties; divisions
Section 1. There shall be a department of conservation and recreation, in this chapter called the ''department''. It shall be the duty of said department to exercise general care and oversight of the natural resources of the commonwealth and of its adjacent waters; to make investigations and to carry on research relative thereto; and to propose and carry out measures for the protection, conservation, control, use, increase, and development thereof.
The words ''natural resources'', as used herein, shall be held to include ocean, shellfish and inland fisheries; wild birds, including song and insectivorous birds; wild mammals and game; sea and fresh water fish of every description; forests and all uncultivated flora, together with public shade and ornamental trees and shrubs; land, soil and soil resources, lakes, ponds, streams, coastal, underground and surface waters; minerals and natural deposits. The department shall also be concerned with the development of public recreation as related to such natural resources; and shall have control and supervision of such parks, forests, and areas of recreational, scenic, or historic significance as may be from time to time committed to it.
In carrying out its duties the department shall co-operate with the departments of food and agriculture, public health, public works, the University of Massachusetts, and such other departments, boards, officials, and institutions of the commonwealth or its subdivisions as may be concerned with matters under its supervision. It shall co-operate with adjoining states, and with the United States of America or any agency thereof, as authorized by the general court, and receive and dispense such funds from such agencies as shall be authorized by the general court.
The department of conservation and recreation shall consist of a division of state parks and recreation and a division of water supply protection. Each division shall be under the administrative supervision of a director and shall be under the supervision and control of the commissioner of the department of conservation and recreation. The division of water supply protection shall have control over the watershed and water supply systems in accordance with chapter 92A1/2. The division of state parks and recreation shall have control over the state parks, forests, parkways, waterways, rinks, pools, beaches and other recreational lands and facilities outside of the watershed systems as defined in sections 1 and 2 of chapter 92A1/2.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 2a - Members of the Council

Section 2A. The governor shall appoint 11 members of the stewardship council with due regard to geographical distribution, provided that 5 members shall reside within the urban parks district defined in section 33 of chapter 92, at least one of whom shall be a resident of the city of Boston, and 1 of whom shall be a resident of Berkshire county. Of these members, no more than 1 may come from the same county except as provided herein.
The commissioner shall request each of the boards of trustees or directors of the Massachusetts Audubon Society, the Massachusetts Chapter of the Sierra Club, the Massachusetts Chapter of the Appalachian Mountain Club, the Trust for Public Land, the Environmental League of Massachusetts and the Trustees of Reservations, to nominate 6 candidates for the remaining 2 members of the council. From the nominations received from the several boards of such organizations, the commissioner shall select 6 candidates whom he shall recommend to the governor. The governor shall appoint the remaining 2 members of the council from among the candidates recommended by the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 2b - Removal of Members of Stewardship Council; Absence From Meetings; Appointment of Successor; Certificates of Absence

Section 2B. Members of the stewardship council may be removed for cause by the governor, with the advice and consent of the council, after due notice and a hearing before the governor, for inefficiency, neglect of duty, misconduct in office, or other cause. A copy of the charge or charges against a board member shall be delivered to him not less than twenty-one days prior to the hearing, and he shall have the right to a public hearing and to appear in person and be represented by counsel at the hearing. Upon removal of any board member, the governor shall thereupon cause to be filed in the office of the state secretary a complete statement of all charges made against such board member, the findings thereon and a complete record of the proceedings thereunder.
The absence of a board member from three consecutive meetings, except for sickness supported by the certificate of a physician, shall be deemed neglect of duty, and shall be a cause for removal as provided herein.
In case of the resignation, removal or death of a board member, his successor shall be appointed to fill the remainder of the unexpired term in the same manner and subject to the same qualifications as his predecessor.
Prior to such removal, however, the chairperson of the stewardship council shall certify the unexcused absence of said board member from three consecutive meetings by filing a certificate to that effect with the commissioner of the department of conservation and recreation and the secretary of the commonwealth. Upon the filing of such certificates, such a member's position shall be deemed vacant and the governor shall appoint a successor thereto. In case of the resignation, removal or death of a board member, said member's successor shall be appointed to fill the remainder of the unexpired term subject to the same terms and conditions as said member, so-called.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 2c - Meetings of Council; Joint Meetings With Advisory Board

Section 2C. The stewardship council shall meet within the commonwealth within thirty days after appointment and at least once a month thereafter. It shall elect, at least annually, its own chairman and secretary, and shall make the appointments required to be made by it in the manner herein provided. Six stewardship council members shall constitute a quorum for the transaction of business, except in the case of appointment or removal of any person appointed by the stewardship council, or the approval of the appointment or removal of a division director. No appointment or removal of any person appointed by the stewardship council and no approval of the appointment or removal of a division director, shall be valid unless written notice of the meeting for such an appointment or removal or approval thereof, setting forth the business to be transacted thereat, shall have been sent by registered mail to each stewardship council member at least twenty-one days prior to such meeting, and then only by the affirmative vote of three or more members present and voting.
The stewardship council and the fisheries, wildlife and recreational vehicles advisory board shall meet jointly at least twice each year and may establish such policies as appear to be in the general interest.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 2e - Compensation of Council Members; Expenses

Section 2E. Members of the stewardship council shall serve without pay, but shall be reimbursed, out of any funds available for the purpose, for necessary expenses incurred in the performance of their official duties. Such reimbursement shall not in any fiscal year exceed three thousand dollars for the total aggregate expenses of all board members.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 2f - Management Guidelines for Sustainable Forestry Practices on Public and Private Forest Lands

Section 2F. The director of state parks and recreation shall work in cooperation with the director of the division of fisheries and wildlife within the department of fish and game to establish coordinated management guidelines for sustainable forestry practices on public forest lands within the departments of conservation and recreation and on private forest lands. Said guidelines for public forest lands shall include agreements on equipment, personnel transfers, operational costs, and assignment of specific management responsibilities.
The commissioner of conservation and recreation shall submit management plans to the stewardship council for the council's adoption with respect to all reservations, parks, and forests under the management of the department, regardless of whether such reservations, parks, or forests lie within the urban parks district or outside the urban parks district. Said management plans shall include guidelines for the operation and land stewardship of the aforementioned reservations, parks and forests, shall provide for the protection and stewardship of natural and cultural resources and shall ensure consistency between recreation, resource protection, and sustainable forest management. The commissioner shall seek and consider public input in the development of management plans, and shall make draft plans available for a public review and comment period through notice in the Environmental Monitor. Within thirty days of the adoption of such management plans, as amended from time to time, the commissioner shall file a copy of such plans as adopted by the council with the state secretary and the joint committee on natural resources and agriculture of the general court.
The commissioner of conservation and recreation shall be responsible for implementing said management plans, with due regard for the above requirement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 2g - Oversight Strategy Plans

Section 2G. The stewardship council shall develop an oversight strategy of park management plans, capital planning and policy development. Such oversight strategies will be published annually and after a 30 day public comment period will be finalized and submitted to the Secretary of Environmental Affairs. Such oversight plans must be prepared and submitted 45 days prior to the submission to the legislature of the governor's annual budget.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 3 - Commissioner; Directors

Section 3. The commissioner of conservation and recreation shall be the executive and administrative officer of the department, and he shall exercise supervision, direction and control over all the divisions of the department in accordance with such programs and policies as may from time to time be promulgated by the stewardship council. The commissioner shall be responsible for administering all laws vested in the department by general or special laws. The commissioner shall appoint and remove the directors of state parks and recreation and water supply protection with the approval of the stewardship council. The commissioner shall appoint and remove the directors of other divisions, bureaus or offices which he may establish as he deems appropriate for the efficient management and centralized administration of the department. The directors shall be qualified by training, executive ability, relevant experience and personal participation in the public programs of federal, urban, or state parks and recreation systems, to administer the duties of their respective offices, and shall not be subject to chapter 31. The commissioner may also appoint and remove a professional geologist, who shall be the state geologist and who shall not be subject to chapter 31 or section 9A of chapter 30.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 3a - Acting Commissioner; Commissioner's Salary

Section 3A. The stewardship council may designate an acting commissioner in the absence or disability of the commissioner, such acting commissioner to have the powers of the commissioner, the provisions of the general laws to the contrary notwithstanding. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 3c - Annual Budget; Report

Section 3C. The commissioner shall, with the approval of the stewardship council, prepare an annual budget of the department, and shall file the same pursuant to section three of chapter twenty-nine. Within ninety days after the end of each fiscal year, the commissioner shall render a complete detailed report of all activities, revenue and expenditures of the department and each division thereof, to the stewardship council, the general court and the governor and council.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 3e - Open Space Land Acquisition; Loans to Cities and Towns

Section 3E. The department shall administer a program of zero interest loans to cities and towns for the acquisition of open space land utilizing monies in the Open Space Acquisition Revolving Fund established under section 2HHH of chapter 29. The department shall accept applications from cities and towns, in a form to be determined by the department, for loans to allow cities or towns to acquire open space land. The loans shall be repayable to the Open Space Acquisition Revolving Fund in 20 annual installments. The department shall set standards and adopt rules and regulations to carry out the purposes of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 3f - Rehabilitation and Improvement of Olmsted Parks

Section 3F. Subject to appropriation, the department shall administer a program for the rehabilitation and improvement of Olmsted Parks in cities and towns of the Commonwealth. For the purposes of this section and section 3G the term ''Olmsted Park'' shall mean a municipal park designed by the architectural firm headed by Frederick Law Olmsted and designated by the department as an Olmsted Park. A city or town with an Olmsted Park within its boundaries that desires state assistance to rehabilitate or improve the Olmsted Park may apply in writing for a grant from the Olmsted Park Improvement Fund established in section 3G.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 3g - Olmsted Park Improvement Fund

Section 3G. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Olmsted Park Improvement Fund to be administered by the department and used without prior appropriation for the purposes of providing rehabilitation and improvement grants to cities and towns with an Olmsted Park within its municipal boundaries. The fund shall consist of public and private sources such as gifts, grants and donations, interest earned on revenues from gifts, grants and donations and any funds provided from other sources. Revenues deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year.
(b) The department shall award competitive grants from the Olmsted Part Improvement Fund to qualifying municipalities for rehabilitation and improvement projects in Olmsted Parks that are located within those municipalities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 8b - Definitions Applicable to This Section and Secs. 8c and 8d

Section 8B. The following words and phrases, as used in this section and sections eight C and eight D, shall have the following meanings:—
''Commission'', the water resources commission.
''Interbasin transfer'', any transfer of the surface and groundwaters, including wastewater, of the commonwealth outside a river basin. If a city or town partially situated within a river basin takes waters from that basin, extension of water services to a portion of the same city or town outside the basin shall not be deemed an interbasin transfer of water.
''Insignificant increase'', an increase insufficient to invoke the provisions of section eight C and eight D as determined by the commission; provided, however, that in no event shall an increase over one million gallons per day be deemed insignificant.
''River basin'', a geographic area within the commonwealth determined by a body of water and its surrounding drainage area as delineated by the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 8c - Increase in Interbasin Transfers of Surface and Groundwater; Approval; Exemption

Section 8C. Any increase over the present rate of interbasin transfers of the surface or groundwater of the river basin shall require the approval of the commission, notwithstanding the provisions of any law to the contrary to increase a present interbasin transfer in addition to such other approvals that may be required by law. Said commission shall file a report of its findings, justifications, and decisions in relation to such approval or disapproval, with the clerks of the house of representatives and the senate, and with the state secretary for publication in the Massachusetts register.
Any emergency connections either approved under the provisions of sections forty and forty-one A of chapter forty, or authorized by a law to provide a necessary and adequate water supply shall be exempt from the provisions of this section for a period not to exceed six months of any calendar year, so long as they fulfill the criteria of the division of water supply of the department of environmental protection.
The provisions of this section and section eight D shall not apply to any insignificant increase over the present rate of interbasin transfers of the surface and groundwater of a river basin. The criteria for determining any insignificance shall be established by the commission based upon the impact to the donor basin.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 8d - Rules and Regulations; Criteria for Approval; Hearings; Procedure

Section 8D. The commission shall promulgate rules and regulations defining and delineating the river basins of the commonwealth, and establish application procedures and criteria upon which the commission shall base its approval or disapproval of any proposed interbasin transfer of waters. Said criteria shall include but not be limited to the following:—
(1) that all reasonable efforts have been made to identify and develop all viable sources in the receiving area of the proposed interbasin transfer,
(2) that all practical measures to conserve water have been taken in the receiving area, including but not limited to the following:
(a) the identification of distribution system sources of lost water, and where cost effective, the implementation of a program of leak detection and repair;
(b) metering of all water users in the receiving area and a program of meter maintenance;
(c) implementation of rate structures which reflect the costs of operation, proper maintenance and water conservation and encourage the same;
(d) public information programs to promote water conservation, including industrial and commercial recycling and reuse; and
(e) contingency plans for limiting use of water during seasonal or drought shortages;
(3) that an environmental review pursuant to section sixty-one and sections sixty-two to sixty-two H, inclusive, of chapter thirty has been complied with for the proposed interbasin transfer,
(4) that a comprehensive forestry management program which balances water yields, wildlife habitat and natural beauty on watershed lands presently serving the receiving area has been implemented,
(5) that reasonable instream flow in the river from which the water is diverted is maintained, said reasonable instream flow shall be determined by the commission in making its determination of applicability of the proposed interbasin transfer of water.
The decision of the commission to approve or deny a proposed interbasin transfer shall be determined after at least two public hearings, one of which shall be held in the proposed donor community and one of which shall be held in the receiving community and which shall take place after compliance with said sections sixty-one and sixty-two to sixty-two H, inclusive, of chapter thirty. All proceedings under sections eight C and eight D shall be subject to the provisions of chapter thirty A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 9 - Federal Watershed Protection and Flood Prevention Act; Programs

Section 9. The division shall be the agency of the commonwealth having administrative responsibility, according to criteria established by the commission, over programs provided for by the Watershed Protection and Flood Prevention Act 16 USC 1001 et seq. and shall carry out, maintain and operate any works of improvement authorized by said federal act and limited by section fourteen; provided that it shall not be an applicant for assistance under said federal act.
Any employee or agent of said division may, at any reasonable time, enter upon any premises while engaged in the performance of any duties required under sections nine to sixteen, inclusive. The division may negotiate with any property owners such terms, agreements or contracts as may be necessary or convenient in carrying out the duties required under sections nine to sixteen, inclusive.
The term ''works of improvement'' as used in this section and in sections twelve to fifteen, inclusive, shall mean any undertaking for (1) flood prevention, including structural and land treatment measures, or (2) conservation, development, utilization and disposal of water in watershed or subwatershed areas not exceeding two hundred and fifty thousand acres and including any single structure which provides more than twelve thousand five hundred acre feet of flood-water detention capacity and more than twenty-five thousand acre feet of total capacity. A number of such watersheds when they are component parts of a larger watershed may be planned together when the local sponsoring organizations so desire.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 9b - Groundwater Survey Program

Section 9B. The division shall be the administrator of the state's contribution to the cooperative survey program of the United States Geological Survey, hereinafter referred to as the USGS, for detailed groundwater assessments and related hydrological studies. Said division, with the approval of and according to the criteria established by the commission, shall contract or cause a contract to be executed, with the USGS to conduct a ten year program of detailed groundwater appraisals, aquifer assessments, and such other appropriate geologic and hydrologic studies as may be required for the protection of existing sources of groundwater supply and for the identification of new groundwater sources.
Said groundwater survey program shall include aquifer identification and assessments of quality and yield, and direct technical assistance to localities to solve groundwater problems of less than regional scale. Assistance to localities shall be based on criteria and priorities to be established by the commission which shall include, but not be limited to, the following: a present or recurrent water supply deficit; areas in which the survey would serve more than one community; communities which have suffered loss of supply due to contamination; communities in which demands are placed on supply systems by state institutions; and local commitment to participation. Direct local assistance shall not exceed five hundred thousand dollars and shall be funded fifty per cent by USGS and fifty per cent by the commonwealth, and the total cost of said program shall not exceed, in the aggregate, five million dollars.
For the purposes of this section, groundwater shall mean water which is below the surface of the earth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 11 - Employees; Rules and Regulations

Section 11. The division may employ such technical and clerical assistance and consultants as may be necessary to fulfill the responsibilities of the division as specified in section nine. The division may establish rules and regulations as may be necessary for the proper administration of sections nine to sixteen, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 12 - Federal Watershed Protection and Flood Prevention Act; Applications for Assistance

Section 12. Applications for assistance under the federal Watershed Protection and Flood Prevention Act shall be initiated by the local organization, and may not be initiated by the division. Such applications shall be filed with the division, which may disapprove the same within forty-five days from the date of filing. The division may give approval only to applications submitted by local organizations, but any local or regional voluntary citizens' group, established under chapter one hundred and eighty for the purpose of furthering water conservation and flood prevention, may join with any local organization in making application to the division for assistance under the federal Watershed Protection and Flood Prevention Act.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 13 - Works of Improvement; Assistance From Commonwealth; Conditions

Section 13. The division shall require, as a condition to providing assistance from the commonwealth for the installation and operation and maintenance of works of improvement, that local organizations shall (1) assume responsibility for all planning for works of improvement to be constructed within the watershed area, but the local organization may, nevertheless, request, through the division, technical advice from any appropriate agency of the commonwealth; (2) acquire, in the name of the commonwealth, and without cost to the commonwealth, such land, easements or rights of way as will be needed in connection with works of improvement installed with the assistance of the commonwealth; (3) acquire, or provide assurance that landowners have acquired, such water rights, pursuant to the laws of the commonwealth, as may be needed in the installation and operation of the works of improvement; and (4) obtain agreements to carry out recommended soil conservation measures and proper farm plans from owners of not less than fifty per cent of the lands situated in the drainage area above each retention reservoir to be installed with the assistance of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 14 - Works of Improvement; Contracting Authority; Agents; Costs

Section 14. At such time as the United States Secretary of Agriculture and the interested local organization have agreed upon a plan for works of improvement, the division may (1) assume such proportionate share of the nonfederal cost of installing any works of improvement involving federal assistance as it determines to be equitable in consideration of anticipated benefits from such improvements; provided, that no part of the construction cost for providing any capacity in structures for purposes other than flood prevention and features related thereto shall be borne by the commonwealth; and (2) make arrangements, through the local organizations satisfactory to the said Secretary of Agriculture for defraying the costs of operating and maintaining such works of improvement, in accordance with regulations presented by the said Secretary of Agriculture.
In order to carry out the provisions of clause (1) the division shall be the contracting authority for the construction of any works of improvement involving assistance from the commonwealth, but shall designate the appropriate department or departments of the commonwealth or subdivision or subdivisions thereof as the agent or agents of the division for the purpose of making such contracts or performing the work of construction; provided, that whenever the said works of improvement involve stream clearance, channel improvement or construction of dams the division shall designate the division of waterways in the department of conservation and recreation as the contracting agent.
In order to carry out the provisions of the above clause (2) the division is authorized to assume such proportionate share of the costs of operation and maintenance of said works of improvement as it determines to be equitable in consideration of anticipated benefits from such improvements.
In order to insure the continued operation and maintenance of any and all works of improvement that have been installed with the assistance of state funds, the division is authorized and directed to designate as its agent or agents for this purpose the department or departments of the commonwealth or the subdivision or subdivisions thereof which constructed or contracted for the construction of said works of improvement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 15 - Works of Improvement; Appropriations; Federal, State or Local Funds

Section 15. At such time as the United States Secretary of Agriculture and the interested local organization have agreed upon a plan for works of improvement, and the local organization has met the requirements for receiving assistance from the commonwealth in installing, operating and maintaining the works of improvement as set forth in section fourteen, the division shall request the general court to appropriate such sums of money as are needed to meet (1) the share of the nonfederal cost of installing the works of improvement and (2) the share of the cost of operating and maintaining said works of improvement, which the division proposes to assume under the provisions of section fourteen.
Any funds received from local organizations or any other source, including funds made available by the federal government, shall be in addition to funds made available to the division by the general court.
With respect to all projects for which funds of the commonwealth have been appropriated as partial or total payment of the nonfederal share of the costs of constructing, operating or maintaining the proposed works of improvement, the division shall be the recipient of any federal, state, or local funds appropriated for such projects. Funds made available from any source for a specific project shall be held by the division for said project, and may not be allocated to any other project.
Nothing in this section or in section fourteen shall be construed to prevent or limit a local organization from assuming the full amount of the nonfederal share of the cost of installing any works of improvement.