The public issues advocacy efforts of The Trustees of Reservations focus on specific items of legislation that directly influence the pursuit of our mission. Leading this effort is the Public Issues Committee, a subcommittee of the Board of Directors, that reviews pending and proposed legislation and recommends action on initiatives where our advocacy can be most effective.
In pursuing our legislative agenda, we coordinate our efforts with other conservation and environmental organizations with goals similar to ours. We are members of the Environmental Collaborative, a project of the Environmental League of Massachusetts, through which ELM members can form ad hoc coalitions in support of specific bills, and of Massachusetts Green Agenda, a project of the Massachusetts League of Environmental Voters. Current Activities
Our current activities are focused on the following areas of public issues advocacy:
Capital Budget
The Trustees of Reservations supports investment by the Commonwealth in the protection of its statewide natural resources. We have joined with our colleagues from other land conservation organizations to support the Patrick administration in implementing its proposal pledge to invest a minimum of $50 million per year for the next five years in land and resource protection. The emphasis of this investment will be on working landscapes, large habitat blocks, and new lands for urban parks. The Administration also proposes to invest $96 million in FY 08 in DCR facilities, and $4 million in energy efficiency improvements to state facilities. Details of the Administration’s Capital Investment Plan can be found by clicking here. On December 21, 2007, the Administration filed a five-year, $1.4 billion energy and environmental bond authorization bill. The proposed bond authorization is nearly twice the size of the 2002 environmental bond bill, and includes authorization for increased funding for land conservation, and in recreation facilities and and transportation infrastructure operated by the Department of Conservation and recreation.
Now that the Governor has filed his bond authorization legislation, attention will shift to the Legislature, as advocates ask the citizens of the Commonwealth to urge their Senators and Representatives to authorize investment at a level which will meet the Commonwealth’s needs.
Extension of 2007 Federal Income Tax Benefit for Conservation Restriction Gifts
A significant federal tax benefit for landowners who donate Conservation Restrictions expired on December 31, 2007. Unless Congress enacts a retroactive extension, transactions which are completed on or after January 1, 2008, will not be able to take advantage of the benefit. On December 14, the U.S. Senate passed a Farm Bill which includes and extension of the tax benefit.. However, the Farm Bill passed by the House did not include this provision. A Senate-House conference will be required to reconcile the differences between the two farm bills, and the conservation community, led by the The Land Trust Alliance, is advocating for the conference bill to include the tax benefit. TTOR has issued e-alerts to its Advocacy network, asking network members to contact their Senators and Representatives to ask them to support extension of the tax benefit and to urge their Congressional colleagues to do so. The Land Trust Alliance is following this issue closely and coordinating a nationwide advocacy effort to achieve passage of the extension. With the shift in the majority and leadership of both the House and the Senate, the seniority of the Massachusetts delegation is a potentially influential factor in this effort. Click here to find your Congressman and send him a message in support of this legislation.
Accomplishments
Chapter 61 Reform Enacted!
In the final days of 2006, the Legislature passed and Governor Romney signed legislation reforming the Chapter 61 “current use” taxation statutes. Chapter 394 of the Laws of 2006 and in various forms has been pending before the Legislature for many years. This year, Senator Pamela Resor, Co-Chair of the Joint Committee on Environment, Natural Resources and Agriculture, reconvened the broad coalition of agencies and organizations which had supported the bill when it was first introduced. The Trustees participated in the coalition, which met bi-weekly for several months, revising the bill in a form all could support. The resulting statute introduces a “look back” period after withdrawal from the program, during which a proposal to develop the property would trigger the municipality's right to purchase the property on the same terms as the developer. In response to a recent court decision, the legislation also clarifies the circumstances under which an offer to purchase land for development will trigger the municipality's right of first refusal. The enactment of this legislation is a tribute to Senator Resor's constructive leadership and to the power of collaboration between seemingly diverse interest groups. For more information about the details of the bill, click here.
Proposed Wetlands Regulation Changes
The Patrick Administration has announced its commitment to rationalizing and streamlining the process of permitting development projects. Its stated goal is to increase the predictability of permitting procedures while at the same time maintaining or even improving environmental protection. Accordingly, the Department of Environmental Protection has filed proposed amendments to the regulations implementing the Wetlands Protection Act. As initially proposed, the new regulations would have limited "standing" for adjudicatory appeals of wetlands permits to abutters who are directly affected by the project. Under existing regulations, any 10 citizens may file such an appeal. In 2006, only 4 "10-citizen appeals" were filed; it appears that the notorious delays in the resolution of wetlands permit appeals have resulted from a lack of administrative hearing staff, rather than from the citizen appeals. Because we believe that citizen oversight offers the best assurance of effective government performance, The Trustees of Reservations joined with the Charles River Watershed Association, Massachusetts Audubon Society, and other environmental groups in opposing this proposed change. On August 30, 2007, it was announced that the final regulations would retain the right of 10 citizens to appeal.
Advocacy in the New Legislative Session
Operating Budget
The Trustees of Reservations strongly favors operating budget allocations which will support the effective implementation of the Governor’s capital plan with respect to land conservation and public land stewardship. In addition, we continue our strong support for increasing the budget for the Department of Conservation and Recreation to a level which will return our parks to a condition where they are truly assets to our communities. To read The Trustees’ testimony to the Executive Office of Energy and Environmental Administration as it begins the process of preparing its FY 09 operating budget, click here.
"Off Highway Vehicle"” (OHV) Legislation
The Patrick Administration has convened a task force to examine the question of permitting and regulation of OHV use on public and private lands. The task force is made up of representatives of OHV users, law enforcement, and environmental landowners. The Trustees of Reservations is represented on the task force by Mike Labossiere, Superintendent of TTOR properties in the Fall River area, some of which have been heavily damaged by unauthorized OHV use. Together with other land conservation organizations, TTOR’s goal is to urge passage of legislation which will enhance the ability of landowners and law enforcement to control such unauthorized use. Governor Patrick’s website offers opportunities for citizens to comment on selected topics, one of which is tagged "ATV." To reach the site and add your comment, click here.
Land Use and Zoning Reform
Land conservation advocates have long identified the Commonwealth’s antiquated land use control enabling statutes as a significant obstacle to wise planning for natural resource protection and smart growth and development. Gregory Bialecki, Governor Patrick’s newly appointed Undersecretary for Business Development, has convened a task force consisting of representatives of the various constituencies which would be affected by changes in these statutes. David Bryant, Special Assistant to TTOR’s President, is representing TTOR on the task force.
Other Legislative Priorities
In the 2007-2008 Legislative session, The Trustees will continue to advocate for the following measures, reintroduced from earlier sessions:
- For the "Public Lands Preservation Act (PLPA)," raising public disclosure requirements for Art. 97 votes permitting change of use of public lands.
- For conservation tax incentives, which would offer a Massachusetts income tax credit to landowners who make qualified gifts of conservation land or restrictions.
- For the “Community Planning Act” (CPA II), which would reform the Commonwealth's land use statutes to enable municipalities to bring their zoning and subdivision bylaws into line with their master plans and to determine the direction of their own growth and development.
Advocacy Support
Please support The Trustees' advocacy efforts by contacting your State Senators and Representatives, whose contact information can be found at: www.wheredoivotema.com.
Contact Us
To let us know your thoughts on these and other public issues, e-mail them to Peg Wheeler at mwheeler@ttor.org.
Subscribe to an E-Newsletter
To receive periodic e-news about our work in public issues advocacy, click here.