The House and Senate today passed a bill to codify the longstanding process for preserving public land during land transfers or land use changes.

The bill, which is now before the governor for his consideration, had been released by a House-Senate conference committee on Nov. 8.

The bill would expand upon the “no net loss” policy in Article 97 of the Massachusetts Constitution, which requires a municipality or other public entity to offset a change of use of protected open space by providing comparable replacement land. Open space refers to conservation, forested, recreational, agricultural and undeveloped land, as well as green buffers along open areas and roadways. These lands often have environmental benefits such as natural habitats and terrain, and can be resources for public recreation.

Under current law, the transfer of these lands requires a number of local votes, including by local commissions and legislative bodies, before going to the Legislature and finally the governor for review.

The bill includes language to allow for a cash payment in lieu of the required replacement land. A cash payment would be allowed if the proposed change or disposition serves a significant public interest, has no impact on environmental justice populations, and when no feasible, equivalent alternative exists at the time of the proposal.

The cash payment would have to be no less than 110% of the value of the land, and would be required to be spent within three years to acquire replacement protected land in a comparable location. The secretary of Energy and Environmental Affairs would need to determine that the replacement land is of equal or greater natural resource value.

The MMA wrote to the conference committee in July to highlight the need for flexibility rather than a rigid “one-size-fits-all” approach to better protect the interests of residents and the historical protections provided by Article 97.

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