Bill > S402

This bill, titled the "Public Lands Preservation Act," aims to protect the Commonwealth's natural resources by establishing new regulations for the use and transfer of "Article 97 lands or easements," which are lands or rights acquired for natural resource purposes under Article XLIX of the state Constitution. The act defines key terms such as "change in use" (converting Article 97 land for other purposes), "disposition" (transferring custody or control of such lands), and "replacement land" (new land acquired to compensate for lost Article 97 land, which must be of equal or greater natural resource value and comparable use). A central provision requires that any "owner" (the Commonwealth, a department, municipality, etc.) changing the use or disposing of Article 97 lands must acquire "replacement land" and that the deed for this replacement land must explicitly state it is subject to Article 97 protection. Furthermore, before any petition is filed with the legislature to authorize such a change or disposition, the owner must notify the Secretary of Energy and Environmental Affairs, providing detailed information about the proposed action, alternatives, and any replacement land. The Secretary can grant waivers from the replacement land requirement under specific circumstances, such as if the land's use will not change naturally, the change is temporary, the land is occupied by pre-existing structures, or the area is very small and insignificant for natural resource purposes. The Secretary will then provide an opinion to the legislature and the Governor on whether the proposed action is necessary, lacks feasible alternatives, and meets the act's requirements, recommending approval or disapproval. The bill also outlines procedures for the reversion of interest if conditions are not met, requires public notice for proposed changes, mandates specific voting thresholds for municipal land transfers, and establishes reporting requirements for the Secretary to track all dispositions and replacement lands. Finally, the Secretary is tasked with promulgating regulations to implement and enforce this new chapter within a specified timeframe.