Local officials weigh in on regulatory review

In response to Gov. Charlie Baker’s request that municipal officials “fully and aggressively” weigh in during his administration’s review of state regulations, several municipal officials offered their views during the May 12 meeting of the Local Government Advisory Commission.

Local officials praised the administration for initiating the review and listening to their concerns regarding duplicative regulations that impede environmental restoration. They also requested new regulations aimed at saving communities millions of dollars while dramatically improving the environment.

Finally, local officials thanked the administration for its advocacy on behalf of communities regarding the draft federal stormwater permit (MS4).

Gov. Baker signed an executive order on March 31 directing all state agencies to conduct a year-long review of nearly all state regulations.

“Only those regulations … mandated by law or essential to the health, safety, environment or welfare of the Commonwealth’s residents shall be retained or modified,” the executive order states.

In order to find that a regulation meets this standard, each agency must demonstrate, in its review, that:

• There is a clearly identified need for governmental intervention that is best addressed by the agency and not another agency or governmental body

• The costs of the regulation do not exceed the benefits that would result from the regulation

• The regulation does not exceed federal requirements or duplicate local requirements

• Less restrictive and intrusive alternatives have been considered and found less desirable

• The regulation does not unduly and adversely affect Massachusetts citizens and customers of the Commonwealth, or the competitive environment in Massachusetts

• The agency has established a process and schedule for measuring the effectiveness of the regulation

• The regulation is time-limited or provides for regular review

At the LGAC meeting, Leominster Councillor Claire Freda asked the administration for an exemption from the Massachusetts Environmental Policy Act for projects that meet Wetlands Protection Act eligibility and other criteria for ecological restoration.

“By exempting ecological restoration projects from MEPA,” Freda said, “communities removing dams would only have to obtain one general permit. This would save communities time and money, and would return a river or stream much more quickly back to the natural functioning ecosystem it once was.”

Frieda highlighted the removal of a dam in Lancaster that created additional open space for the town and will save thousands of dollars in maintenance costs per year. The town expedited local permits for the project.

Freda asked the administration to include time-based presumptive approval for all state permits for proactive ecological restoration projects and for culvert replacements that meet stream crossing standards. Such changes would address chronic delays for permit review, she said.

The proposed presumptive approval timeframe would be 120 days – from application to receipt of final approval. Four months is a reasonable maximum timeframe for any state permit, Freda said.

Norwell Selectman Ellen Allen asked the administration to finalize regulations – currently in a “regulatory pause” – to reduce phosphorus in residential fertilizer.

“We are asking that these regulations be implemented as quickly as possible to reduce the burden placed on communities to clean up needless phosphorus runoff from lawn fertilizer,” she said.

Phosphorus runoff from lawn fertilizers and impervious surfaces is now the leading cause of pollution in the state’s waterways, where it accelerates algae and plant growth and robs aquatic life of oxygen needed to survive.

The most recent stormwater (MS4) permit proposal from the U.S. Environmental Protection Agency would require municipalities, treatment plants, businesses and other large producers of wastewater to reduce the amount of phosphorus being discharged into rivers, lakes and streams by as much as 65 percent.

In order to help municipalities meet the proposed permit requirements, the MMA worked with the 495 Partnership, NAIOP, the Massachusetts Waterworks Association, The Nature Conservancy, the Massachusetts Rivers Alliance and other stakeholders for the passage of a law enacted last year limiting the amount of phosphorus in fertilizers.

The Department of Agriculture finalized regulations related to the law late last year and sent them to the governor’s office for final review, but the regulations have not yet been finalized.

In addition to reducing a major water pollutant, the EPA estimated that the new state law would save Massachusetts communities $180 million per year in avoided costs to treat polluted runoff.