Chapter
649
2006 -- S 2497 SUBSTITUTE A AS AMENDED
Enacted 07/20/06
A N A
C T
RELATING TO THE
DEPARTMENT OF ADMINISTRATION
Introduced By: Senators
Sheehan, Sosnowski, Lenihan, Roberts, and Breene
Date Introduced: February
09, 2006
It is
enacted by the General Assembly as follows:
SECTION
1. Title 42 of the General Laws entitled "STATE AFFAIRS AND
GOVERNMENT"
is hereby amended by adding thereto the following chapter:
CHAPTER 17.9
PRESERVATION OF STATE OPEN SPACE
42-17.9-1.
Findings. -- The general assembly finds and declares that the
preservation of
open
space and the protection of natural resources values are a fundamental interest
of the state an
essential
function of state government, that property has been acquired and managed by
the state
for
open space values and associated natural resource purposes, and that the state
needs clear,
consistent,
and explicit policy restricting conveyances of state property acquired or
managed for
open
space purposes or natural resources values.
42-17.9-2.
Purposes. -- The purposes of this chapter are:
(1)
to protect and support the public's interests in open space values as a means
of
preserving
the use and the enjoyment of the natural resources of the state, of enhancing
environmental
quality and functionality, of defining and enhancing the sense of place, of
providing
recreational opportunities, and of contributing to the quality of life;
(2)
to recognize, respect, and protect the interests and investments of non-profit
organizations,
foundations, federal government, land-owners, the original grantors and donors
in
properties
acquired and or managed for open space values;
(3)
to assure that the conveyance of interests in state properties with open space
values is
to
the maximum extent reasonably feasible not inconsistent with the state guide
plan and elements
thereof,
and with local comprehensive plans and elements thereof that have been approved
as
consistent
with the state guide plan;
(4)
to provide a comprehensive evaluation of open space values prior to the
conveyance
of
state interests in property or formal amendments to or changes in allowed use,
with the
objectives
of preserving and protecting the public's interest in open space; but
(5)
not to reduce or abrogate levels of protection accorded to state-owned property
acquired
and managed for open space, conservation, and/or natural resource values; and
(6)
to provide a model for public open space protection.
42-17.9-3.
The state's interest in natural resource values. -- For purposes of
this
chapter,
the state's interest in open space values shall mean interests established by
law or by
investment
of public resources and shall include the natural resource, recreational,
habitat and
ecological,
water supply, agricultural, soil conservation, and forestry values of lands,
wetlands,
and
waters, acquired, preserved, conserved, and/or protected under the provisions
of law.
42-17.9-4.
Limitation of application. -- The evaluation procedures to be
implemented
pursuant
to sections 42-17.9 and 42-17.9-7 of this chapter shall apply only to
properties or
portions
of properties where the state is the sole property owner, or the state through
a grant,
lease-hold,
or other legal instrument has the functional equivalent of ownership and the
state
controls
the use of the property.
42-17.9-5.
Rulemaking by the department. -- The department of environmental
management,
in consultation with the department of administration, shall by March 15, 2007,
establish
by rule, integrated standards and guidelines for preserving and protecting the
state's
interest
in open space values; the department shall report on or before January 15,
2007, to the
speaker
of the house, the president of the senate, the chairperson of the house
committee on
environment
and natural resources and the chairperson of the senate committee on
environment
and
agriculture on the status of the development of said standards and guidelines.
(a)
Said standards and guidelines shall set forth and provide for the
implementation of
criteria
for evaluating actions that would convey or amend state interests or constitute
changes in
use
of state-owned and managed property requiring the approval of the department of
administration
or the state properties committee. Said criteria shall provide at a minimum:
(1) that
any conveyance
or amendment affecting the state's interest in open space values of such
property
shall
serve a necessary public interest and is the minimum needed to achieve the
purposes of the
conveyance,
amendment, or change in use; and (2) that to the extent reasonably feasible
there is
no
net loss of open space values as a result of such conveyance, amendment, or
change in use;
and
(3) that prior to any sale, transfer, conveyance and/or amendment of interests,
which would
adversely
affect open space values, in state-owned property that was acquired and/or
dedicated to
and
managed for open space purposes, a new and not yet conserved parcel at least
equal in open
space
values and acreage shall be acquired by the state for conservation purposes
provided this
criterion
shall not apply in instances of declared disasters or emergencies or in
instances of
imminent
threat to public health or public safety.
(b)
Said standards and guidelines may provide for a determination that a parcel
other than
a
parcel acquired or managed for open space purposes or natural resources values
does not have
significant
open space value or that a specific amendment or change in use or type of use
would
not
have a significant impact on open space values, in which case the use of
standards, guidelines,
and
evaluation criteria as provided for in sections 42-17.9-6 and 42-17.9-7 shall
not be required.
(c)
Said standards and guidelines shall be reviewed by the department at least once
every
five
(5) years and shall either be amended or affirmed by the department as
appropriate.
42-17.9-6.
Applicability of standards, guidelines, and evaluation criteria. -- The
standards,
guidelines, and evaluation criteria shall be used by any state agency proposing
a sale,
transfer,
conveyance and/or amendment of interests in state-owned property and shall be
applicable
to the sale, transfer, conveyance and/or amendment of interests in property
subject to
the
provisions of chapters 37-6 and 37-7, but shall not be deemed either to
abridge, impair, or
restrict,
the planning, management, or regulatory authority of state departments and
agencies with
responsibility
for conserving, preserving, protecting, using, managing and enhancing natural
resources
under the jurisdiction of such departments and agencies or to contravene
location or use
decisions
specifically provided for in statute or approved by referendum.
42-17.9-7.
Use of evaluation criteria. -- Prior to a final action subject to
the evaluation
criteria,
the agency proposing the sale, transfer, conveyance and/or amendment of
interests in
state
property shall submit to the state properties committee an evaluation of the
effect of the
proposed
action on the state's interest in open space values; the agency may submit a
finding of
no
significant impact, other than for a property acquired and managed for open
space values. The
evaluation
by the agency shall be a matter of record and shall be considered by the state
properties
committee in rendering its decision with regard to the transaction.
42-17.9-8.
Reporting. -- The director of administration shall report annually
by January
1 of
each year to the governor, the speaker of the house, the president of the
senate, the
chairperson
of the house committee on environment and natural resources and the chairperson
of
the
senate committee on environment and agriculture with regard to the use of said
standards,
guidelines
and criteria, in final decisions made by the state properties committee during
the
preceding
fiscal year.
SECTION
2. This act shall take effect upon passage.
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LC00336/SUB A/3
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