On November 10th, the Massachusetts Legislature voted to pass the Public Lands Preservation Act (PLPA, H.5381), designed to preserve open space in the Commonwealth. For Rep. Ruth Balser (D, Newton) it was the successful culmination of a twenty-four-year legislative journey, with roots in her service on the Newton Board of Alderman. PLPA adds protections for open space protected by the state constitution under Article 97, enacted in 1972.
Under PLPA, every acre of public land taken for development or other purpose must be replaced with land of comparable size and natural resource value, to guarantee “no net loss.” In addition, PLPA would codify current requirements that the proposed alternative to the taking of open space be thoroughly reviewed. Any taking of public land would require the local community to provide prior notification to both the public and Executive Office of Energy and Environmental Affairs. Although under PLPA land replacement is preferable, the Act does allow cash payment instead, under strict conditions. The advocates underscore the No Net Loss provision that “any cash payments be expended on comparable replacement land within three years of when the conversion is approved.” The Act also limits the circumstances under which cash-in-lieu-of-replacement can be allowed and requires annual reporting on the status of all such funds. PLPA proponents applaud the provisions requiring “transparency and accountability in the limited cases when cash payments are made.” The Act enjoys wide-ranging support from elected officials, conservation groups, conservation commissions, and land trusts.
In arguing for the PLPA, Rep. Balser and other advocates cited reasons for protecting public land:
- Reducing greenhouse emissions by storing CO2 in trees and soil
- Acting as a buffer against floods and other disaster
- Protecting drinking water supplies
- Supporting agriculture, forestry, wildlife, recreation and tourism
- Providing people with opportunities to enjoy nature and exercise, particularly during the pandemic
Rep. Balser entered the House in 1999, having served on the Newton Board of Aldermen, and was assigned to the Local Affairs Committee. There she discovered that the Massachusetts Constitution guarantees Massachusetts residents “the right, I repeat — the right — to clean air, clean water and protected open space.” But that constitutional right could be usurped by a two-thirds vote of the legislature to remove that protection from a specific parcel of open space designated for some other purpose. However much environmentalists would oppose efforts to remove open space protections, the legislature continued to approve petitions to remove parcels from open space.
Appointed to head a subcommittee dealing with school construction on parkland, Rep. Balser learned that the School Building Assistance Authority, in her words, “had a policy incentivizing new construction rather than rehabilitation.” Then-Governor Paul Cellucci responded to environmental concerns by changing the Authority’s policy thereby reducing the number of parkland construction petitions. He also issued a “no net loss” policy requiring replacement of public land used for other purposes.
“I have been filing evolving versions of the legislation since 2000,” she says, noting that she has been joined on the Senate side by Senator Jamie Eldridge (D, Acton) for much of that time. While the Joint Committee on the Environment always approved the PLPA, the bill would die in the legislative process. At last, working with a large, influential coalition of environmental groups, the PLPA won legislative approval and is awaiting Governor Baker’s signature. “ The current House leadership of Speaker (Ron) Mariano and Ways and Means Chair Aaron Michlewitz were the first leaders to recognize the value of this legislation, and their support moved the bill where I always hoped it would go. I have worked for the entire 24-years I have served in the legislature on this legislation because I love the outdoors and I cherish our protected land. Ensuring that the intent of Article 97 of the state constitution is achieved has been worth the time and effort,” Rep. Balser said.
