House Bill 3560 | House Bill 3561

House Bill 3560
AS INTRODUCED 2003-2004 SESSION
AN ACT relative to a milfoil, fanwort, and other exotic plants prevention and research grant program and fund.
SPONSOR(S): Representative Mark A. Howland, 12th Bristol District, Freetown, New Bedford, Lakeville, Middleboro, and East Taunton
COMMITTEE: directed to Natural Resources and Agriculture Committee
ANALYSIS
This bill creates a grant program administered by the Department of Environmental Protection (DEP) for aid to lake associations and towns, which seek to administer a milfoil, fanwort, and other exotic plants prevention program, and to institutions of higher learning which seek to conduct research on milfoil, fanwort, and other exotic plants remediation techniques. Eligible applicants are required to provide a minimum resource match of 50 percent of the proposed program budget.
This bill also creates a special milfoil, fanwort, and other exotic plants prevention and research grant fund to provide moneys for the program. Funding for the grant program is provided by an increase to the boat registration fee and collection of fees from out-of state boats utilizing waters and waterways of the Commonwealth.
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COMMONWEALTH OF MASSACHUSETTS
AN ACT relative to a milfoil, fanwort, and other exotic plants prevention and research grant program and fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1. Increase in Boat Registration Fee for Lakes Restoration and Preservation Fund. To read as follows:
(a) $5 additional for each boat registration within the Commonwealth of Massachusetts. The fees collected under this subparagraph shall be paid into the Lakes Restoration and Preservation Fund established by this legislation. A fee of $10 for each out-of-state boat entering Massachusetts lakes, ponds, and waterways shall be collected by the appropriate authority and shall be paid into the Lakes Restoration and Preservation Fund established by this legislation.

2. Lake Restoration and Preservation Fund to read as follows:
(a) Additional Fee. An additional fee of $5 to those fees already collected for each private boat registered shall be paid to the director of the Registry of Motor Vehicles. The State Environmental Police, local authorities, and other designated authorities shall collect a fee of $10 from out-of-state boats operating in the Commonwealth of Massachusetts Waters and Waterways. The director of the Registry of Motor Vehicles, and any other appropriate authorities collecting said in-state and out-of-state fees shall pay over said additional fees to the State Treasurer who shall keep said fees in a special fund called the Lake Restoration and Preservation Fund to be expended by the Department of Environmental Protection. The Department shall use $.50 of the fee for lake restoration and preservation measures, exclusive of exotic aquatic weed control, and $1.50 of the fee for the control of exotic aquatic weeds, and $3 of the in-state fee and $8 of the out-of-state collection fee for the milfoil, fanwort, and other exotic plants prevention and grant program. The special fund shall be non-lapsing. All funds received under this section are continually appropriated to the department for the purposes of this subdivision.
3. Milfoil, Fanwort, and Other Exotic Plants Prevention and Grant Program… to read as follows:
(a) Milfoil, Fanwort, and Other Exotic Plants Prevention Grant Program Established. There is hereby established a grant program to be administered by the Department of Environmental Protection for the allocation of money to lake associations and towns which seek to administer a milfoil, fanwort, and other exotic plants prevention program, and institutions of higher learning which seek to conduct research on milfoil, fanwort, and other exotic plants remediation techniques. The grant program shall be funded by the lake restoration and preservation fund, established under section 2 (a). Up to 2/3 of the moneys distributed from the fund to the milfoil, fanwort, and other exotic plants prevention and grant program shall be allocated for the purposes of milfoil, fanwort, and other exotic plants prevention programs and the remainder shall be allocated to milfoil, fanwort, and other exotic plants remediation research projects.
(b) Management Plan. The Department of Environmental Protection shall establish a management plan to implement the grant program. The management plan shall include, but not be limited to:
I. Eligibility determination criteria and procedures.
II. Application requirements and procedures.
III. Project selection and prioritization requirements and procedures.
IV. Stewardship requirements and procedures, including annual reporting to the department by the grantee.
(c) Eligible Applicants; Matching Funds. The Department of Environmental Protection shall distribute funds for projects to further the purposes of this chapter only to eligible applicants. Eligible applicants shall include:
(i) Publicly-supported nonprofit corporations exempt from federal income taxation under section 501(c) of the Internal Revenue Code.
(ii) Municipalities or other political subdivisions of the state.
(iii) Institutions of higher learning.
(iv) Departments or organizations within the federal government.
All eligible applicants shall provide a minimum level of matching resources equal to 50 percent of the proposed program budget. The cost-sharing match may be met through the use of in-kind services. Qualifying matching funds from the applicant may include, but are not limited to, municipal appropriations, private donations, federal funds, and the value of goods and services provided by the applicant.
4. Effective Date. This act shall take effect July 1, 2003, or at the start of the current fiscal year in which said legislation is enacted.

DISCUSSION
AN ACT relative to a milfoil, fanwort, and other exotic plants prevention and research grant program and fund.

IMPACT:
It is estimated by the current level of boat registrations and the estimated use of our waters and waterways by out-of-state visitors, that this bill will increase state restricted revenue by an estimated $300,000 and by an indeterminable amount in FY 2004 and each year thereafter.
COMMENTS:
This bill establishes the Milfoil, Fanwort, and Other Exotic Plants Prevention and Grant Program to be administered by the Department of Environmental Protection (DEP). The current fee for each private boat registered, is proposed to increase by $5.00. As well, a $10.00 fee will be collected from boats using Commonwealth waters and waterways. These fees will be deposited in the Lake Restoration and Preservation Fund established in DEP by this Act.
It is believed that the additional funding that will be brought in by the $5.00 increase to boat registrations, and the $10.00 collection fee for out-of-state boat usage of our waters and waterways will assist in preventing the spread of exotic aquatic weeds as well as implementing a program to fund capable research projects and volunteer initiatives to the degree that it is necessary. The increase will support the research programs, specifically for the purposes of this bill.
Funds are for grants that will be requested from non-profit groups, towns and other government entities, and universities. It is not possible to determine expenditures, though grants totaling equal to or less than the annual income will be given. Lake associations and universities may request variable amounts of funding for specific projects, and the required match from county or local political subdivisions cannot be determined.

House Bill 3561
AS INTRODUCED 2003-2004 SESSION
AN ACT relative to a milfoil, fanwort, and other exotic plants prevention enabling regulators with the ability to close off parts of waterbodies, and to use net systems to capture plants fragments in those closed areas.
SPONSOR(S): Representative Mark A. Howland, 12th Bristol District, Freetown, New Bedford, Lakeville, Middleboro, and East Taunton
COMMITTEE: directed to Natural Resources and Agriculture Committee
ANALYSIS
This bill assists the milfoil, fanwort, and other exotic plants prevention program, by giving regulators the ability to close off portions of water bodies impacted by invasive weeds species only, for the purpose of research, testing, collection of loose plant fragments by net systems in the closed areas, experimental treatments, and eradication and control measures taken to address the invasive weed species problem in the Commonwealth's waters and waterways.
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COMMONWEALTH OF MASSACHUSETTS
AN ACT relative to a milfoil, fanwort, and other exotic plants prevention enabling regulators with the ability to close off parts of waterbodies, and to use net systems to capture plants fragments in those closed areas.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1. Power granted to Regulators for Exotic Plant Eradication, Prevention, and Control. To read as follows:
(a) It shall be established by this legislation that the appropriate regulators of the Commonwealth of Massachusetts waters and waterways be granted the authority to close off portions of said waters and waterways for the purpose of assisting the eradication, prevention, and/or control of exotic weed species related to the Commonwealth's water bodies such as milfoil and fanwort.

2. Effective Date. This act shall take effect July 1, 2003, or at the start of the current fiscal year in which said legislation is enacted.

DISCUSSION
AN ACT relative to a milfoil, fanwort, and other exotic plants prevention and ability to close sections of waterbodies for eradication, control and prevention.
IMPACT:
It is estimated that there is a potential impact to state tourism and recreational boating needs by the closure of designated areas impacted by exotic weed invasion.
COMMENTS:
This bill grants the authority of regulators, federal, state, and local, to close sections of waters and waterways, including but not limited to Great Ponds to public access during the period in which research, treatment, control, prevention, and or eradications of exotic weed species such as milfoil and fanwort are deemed by said regulators as detrimental to the viability of said waters and waterways. The purpose of closure is temporary in nature and limited to a defined period not to exceed two years and limited to granting the ability of regulators to close only portions of waters and waterways and/or water bodies for the purpose of eradication, control and prevention of exotic and invasive weed species in water bodies such as milfoil and fanwort. Within the closed portion of water bodies, regulators may, or grant authority to others, only conduct research, treatment, control, prevention, and or eradication of exotic weed species such as milfoil and fanwort within said areas, and shall post appropriate signage at the borders of said close areas explaining the nature and content of the actions taken for the milfoil, fanwort, and other exotic plants prevention and control needs of the Commonwealth.