In letter to Energy and Environmental Affairs, MMA outlines municipal concerns about proposed Article 97 regulations

Michael Gendron
Executive Office of Energy and Environmental Affairs
100 Cambridge St., Suite 900, Boston

Delivered electronically

Dear Mr. Gendron,

On behalf of the cities and towns of Massachusetts, I write today to provide a municipal perspective on 301 CMR 52.00: Disposition or Change in Use of Article 97 Interests. These proposed new regulations, authorized by Chapter 274 of the Acts of 2022, would affect the dedicated work done by municipal staff, conservation agents, and others responsible for reviewing dispositions or changes of use for land held by public entities. We deeply appreciate the opportunity to weigh in on this important topic, and encourage the Executive Office of Energy and Environmental Affairs (EEA) to strongly consider other comments submitted by municipal staff, conservation officials, and planners.

In reviewing the proposed regulations, we identified several opportunities where further clarification and emphasis could strengthen the role of municipalities in the review and consultation process for Article 97 Actions.

First, we encourage the revisions to include stronger engagement with municipalities prior to proposing Article 97 Actions, as well as throughout the process. A proponent should be required to share the Alternatives Analysis with the impacted municipality. Further, notification requirements should not only require notification to the Secretary of Energy & Environmental Affairs and the public, but also the municipal government holding the impacted land, if applicable. Ensuring that municipalities impacted by Article 97 Actions receive the same communications as the EEA will help ensure that meaningful feedback is collected throughout the process, rather than when the disposition or change in use is well underway.

Additionally, we recommend including in the regulations a requirement for the Public Entity to take an affirmative vote on Article 97 Actions, in line with previous guidance. Documentation of that vote should similarly be incorporated into the process and detailed in the regulations and supporting documents provided by the EEA. To not include this integral element in final regulations would do a disservice to the municipal staff and officials who faithfully serve as stewards of their community’s environment and have a vested interest in decisions impacting local lands. Municipal leaders already work closely with EEA to protect natural resources across the Commonwealth. To omit this requirement — which municipalities have dutifully followed for decades — would greatly diminish the role of local legislative bodies and commissions on such decisions.

In the work ahead, we encourage the EEA to communicate and engage directly with municipal governments to ensure that local leaders and involved parties better understand the changes put forward by these regulatory efforts. We stand ready to assist in these efforts as best we can, knowing that municipalities across the Commonwealth are eager for strong, clear guidance on Article 97 dispositions and changes of use.

We appreciate the opportunity to submit comments regarding 301 CMR 52.00. If you have any questions or desire further information, please do not hesitate to have your office contact me or MMA Legislative Analyst Josie Ahlberg at jahlberg@mma.org at any time.

Sincerely,

Adam Chapdelaine
MMA Executive Director and CEO