Joint Committee on Environment, Natural Resources, and Agriculture Reports Out Favorably Public Lands Preservation Act

The bill protects open space by requiring municipalities or state offices interested in disposing or repurposing conservation and other open space land protected under Article 97, to provide replacement land of comparable ecological quality, acreage, and location resulting in no net loss of valuable and dwindling green spaces across the state.

Boston, MA – The Joint Committee on Environment, Natural Resources and Agriculture (ENRA) voted to report S.524/H.851 “An Act preserving open space in the Commonwealth, also known as the Public Lands Preservation Act (PLPA), favorably out of committee. The bill was filed by Senator Jamie Eldridge (D-Acton) and Representative Ruth Balser (D-Newton). This important legislation is a long-standing land conservation bill that ensures that if a city or town decides to develop municipal property, that the same amount of land is set aside, avoiding a “net loss” of open space. PLPA also requires an alternatives analysis and that the public and the EEA Secretary be notified prior to filing legislation to transfer or change the use of Article 97 protected lands. 

“Conservation land provided critical recreational outlets for the community during this pandemic, as evidenced by families flocking to these places for much needed respite,” said Senator Eldridge. “As demand for land continues to grow, coupled with an increasing population, we face pressure to privatize and develop public land. It is crucial to have in place a system that will ensure a way in which it is allocated responsibly and safeguards public lands for future generations. I am deeply grateful to ENRA Committee Co-chairs Senator Becca Rausch and Representative Carolyn Dykema for reporting PLPA out favorably so early in the session.”

“Protecting public parkland is an essential tool in our battle against climate change, in addition to ensuring the quality of life in our communities.  I am appreciative of the support of the Joint Committee and am hopeful that we will move this bill to the Governor's desk this session” said Representative Balser.    

PLPA codifies into law the “no net loss” of open space policy of the EEA.  This essential policy directs the EEA to pursue all available avenues to preserve public lands, which are currently protected under Article 97 of the Massachusetts Constitution.  Codification in law would maintain the policy, regardless of who is in government, and would help avoid taking away from the existing open space stock.

This bill will play a key role in providing clean air and clean water across the state. Open green spaces complement our decarbonization and climate adaptation efforts, improving the quality of life of residents and visitors alike. It will help the state add more green spaces, which is crucial to reducing the heat island effects brought on by climate change. The Northeast region is expected to experience intensified heat waves in the coming decades, and strategically increasing the state’s tree canopy, in coordination with decarbonizing efforts, is critical to protecting the most vulnerable in our community.

“On behalf of the coalition of hundreds of environmental and other organizations, municipal bodies and elected officials, land trusts, and CONCOMs who support this legislation, I wish to congratulate and thank the Chairs and Members of the Committee for their early and positive action on the PLPA,” said Phil Saunders, Jr, an advocate of open space and conservation land.

“It is extremely gratifying to see this bill move forward once again in the legislative process. An Act preserving open space in the Commonwealth will add a level of long-overdue enforceability and transparency that will benefit any municipal leaders seeking to navigate the Article 97 no net-loss process.” said Jacob Stern, Deputy Director at Massachusetts Sierra Club, “On behalf of our 100k+ Sierra Club members and supporters across the state, we applaud the Joint Committee on Environment, Natural Resources, and Agriculture for prioritizing preserving public lands in Massachusetts.”

Open space protection is needed now, more than ever to provide resilience to floods during severe storms brought on by climate change; minimize heat island effects; store carbon dioxide in trees and soil; provide recreation; support environmental justice; and protect drinking water supplies. The PLPA will provide a clear, regulatory pathway to help preserve public lands and support our environmental justice communities, as they are most heavily impacted by climate change, COVID-19, pollution, racism, and poverty, and are all too often also burdened by a lack of access to open space and any outdoor recreational opportunities. said Dorothy (Dot) McGlincy, Executive Director of Massachusetts Association of Conservation Commissions (MACC). Massachusetts Association of Conservation Commissions (MACC) is pleased to announce that this important environmental protection legislation has successfully moved out of committee.  

The House engrossed the current version on the final day of last session and the Senate passed an earlier version in the 2018 session. 

###