Climate Resilient Capital Task Force

Summary

This bill proposes to create an emergency task force to study the costs, impacts and other considerations of protecting or relocating state government infrastructure and at least one neighborhood to assure the continuance of government operation in the event of climate catastrophe.

Supported by Staff

MassLandlords staff drafted or participated materially in the creation of bill text below. Members will be polled at the next update of the policy priorities survey.

Video of CNN weather showing flash floods kill more people than tornados, hurricanes or lightning.

CNN's flash flood explainer describes how in the US, flash floods kill more people than tornadoes, hurricanes or lightning.

June 2023 Testimony

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October 2022 Filing Announcement

Bill Number

HD2689

Frequently Asked Questions

What does this bill do?

This bill would create a large, multi-year professional task force to study the costs of protecting not just wealthy coastal areas but all coastal areas, and to compare that cost with managing a retreat inland to elevations safe from coastal flood.

Why aren't current flood mitigation plans enough?

Many places have extensive flood management infrastructure in place already. For instance, the Massachusetts Institute of Technology has a flood tank under Vassar Street. This flood tank only holds flood water that impacts MIT's campus. Surrounding communities do not directly benefit. There are large and harmful climate justice implications from current plans to prioritize high value locations, and very little work done to protect low and middle income homes.

Downtown #Montpilier #Vermont #VermontFlooding #VermontFlood Aerial video from the crest this morning on the #Winooski #River @jpetramala pic.twitter.com/WUjZWuWJL4

— WxChasing- Brandon Clement (@bclemms) July 11, 2023

Areas people do not think of as vulnerable to climate change, like Montpelier, Vermont, very are.

Does this bill abandon Boston?

No, one outcome of the task force could be a decision to "double-down" on coastal communities in the way the Netherlands has worked extensively to manage flood risk on below sea-level land. But this decision must be made in context, because Massachusetts has many areas long-term safe from catastrophic sea level rise. This bill asks us to study and debate the matter.

Does this bill make Worcester the capital?

No, one outcome of the task force could be a decision to relocate or distribute state offices. It's possible the legislature might be recommended to relocate to Worcester or other areas that are long-term safe from catastrophic sea level rise. This bill asks us to study and debate the matter.

Who decides?

State officials and local organizations will be allowed to designate a representative, who will then become a paid state employee for the purpose of working full time over several years on this difficult question. The task force will make recommendations that the legislature would then have to act on before any change was made.

Full Text and Explanation of the Climate Resilient Capital Bill

Bill Text May Change

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An Act Establishing the Climate Resilient Capital Task Force (also known as the “Don’t Look Up” Act).	Bill title and nickname. “Don’t Look Up” is the title of a 2021 movie about the world ignoring an impending extinction-level disaster.
WHEREAS the deferred operation of this act would tend to defeat its purpose, which is to prepare for imminent and long-term extreme weather events combined with a projected increase in the sea level associated with global heating, therefore it is hereby declared to be an emergency law, necessary for the preservation of the public convenience, Be It Enacted by the Senate and House of Representatives in the General Court assembled, and by the authority of the same as follows: (1) There is hereby established a Climate Resilient Capital Task Force for the purpose of identifying, considering, and recommending options for the uninterrupted continuity of Commonwealth civil government under worst-case climate scenarios either by the defense of the existing state capital and neighborhoods or the relocation and distribution of state offices and neighborhoods to more naturally advantageous sites.	Because delaying action proposed in this bill could result in disaster, this shall be an emergency law creating a task force to formulate a plan for the continuance of government in the event of climate catastrophe, either by building adequate protection for existing government infrastructure or relocating it to more flood-resistant territory. The task force is described below.
(2)(a) All members of the Task Force shall be appointed on or before August 15, 2023, and the Task Force shall hold its first meeting on or before September 15, 2023.
The Task Force shall be composed of 17 members as follows:
1. One member appointed by the Governor.
2. One member appointed by the Lieutenant Governor.
3. One member appointed by the Secretary of the Commonwealth.
4. One member appointed by the President of the Senate.
5. One member appointed by the Minority Leader of the Senate.
6. One member appointed by the Speaker of the House of Representatives.
7. One member appointed by the Minority Leader of the House of Representatives.
8. Two members appointed by the Massachusetts Emergency Management Agency.
9. One member appointed by the Massachusetts AFL-CIO.
10. One member appointed by Associated Industries of Massachusetts.
11. One member appointed by the Massachusetts Municipal Association.
12. One member appointed by the Metropolitan Area Planning Council.
13. One member appointed by the University of Massachusetts.
14. One member appointed by the Massachusetts Institute of Technology.
15. One member appointed by the Teamsters Local Unions 3, 25, 42, 59, 122, 127, 170, 404 and 653 in agreement.
16. One member appointed by the Massachusetts Office of Coastal Zone Management.
(b) Members of the Task Force may participate in meetings by telephone or by other electronic means of communication.	Task force members may attend meetings remotely.
(c) Members of the Task Force shall serve with compensation while performing their duties as described below and furthermore are entitled to reimbursement for per diem and travel expenses in accordance applicable General Laws and regulations.	Task force members will be paid for their service, as described below.
The Task Force may receive and expend such funds to carry out its mission as may be authorized and appropriated or donated from time to time.	The task force’s work and compensation will be supported by appropriated or donated funds.
(d) Members of the Task Force shall, as first order of business, familiarize themselves with the skills and ambitions of their colleagues and, by ranked choice ballots, choose a presiding member to set meeting agendas, a secretary to take minutes and comply with public records requests, and a treasurer to manage funds sent per paragraph (c) of this section, if any.	Task force members will elect a chair, secretary and treasurer from among membership.
The Secretary of the Commonwealth shall conduct the vote.
(e) A majority of the Task Force may at any time call another vote to choose a new presiding member, secretary or treasurer as in paragraph (d) of this section.	An election can be called by a majority any time to elect a new chair, secretary or treasurer.
(f) Upon the death or resignation of any member, the office of their original appointer, or the organization(s) named in Section 2 as appointer, shall re-appoint the successor member.	If a task force member passes away, a new member will be appointed.
(g) The Task Force may by three-quarters of the members in approval adopt such other internal rule or by-law as they deem fit provided such rule or by-law is in accordance with this Act.	Further task force rules may be adopted by a three-quarters majority of the membership.
(3)(a) In conducting the study, the Task Force shall consider, without limitation: 1.	The task force will pursue the following issues and tasks:
The maintenance and defense of the current capital in Boston, as follows: a.
For the purpose of creating a microcosm on which decisions about the larger city may be made, the Task Force shall estimate the probability-weighted cost of catastrophic storm damage to the Capitol Building, the offices of the agencies, and the offices of the Supreme Judicial Court as currently situated, as well as at least one high-risk coastal or riparian residential neighborhood within 15 miles of the Capitol as the crow flies (e.g., Nahant, Hull, Back Bay, etc.).	Calculate and project the costs of climate-related catastrophe to existing government infrastructure, and to a nearby neighborhood, for use in decision-making.
This cost shall be calculated assuming the low-likelihood, high impact scenario of 1.75 meters of sea level rise by 2100 as published by the Intergovernmental Panel on Climate Change (IPCC) 2021 Physical Science Basis Summary for Policymakers, or the most recent IPCC report published as of the appointment of this Task Force, as well as the low-likelihood, high impact estimates for storm intensity and other factors over and above that sea level rise.	Costs will be based on the scenario of 1.75 meters of sea level rise or more, as published by the IPCC, and storm surge on top of this.
This cost shall include the economic losses and cost to residents of interruption to the Commonwealth’s self-governance institutions.	Cost estimates will be inclusive of economic losses and indirect losses due to government non-function.
b.
The Task Force shall define the high-confidence climate resilience defense against this low-likelihood, high impact scenario in the form of upgrades to the region and surroundings of the Capitol, to the offices of the agencies, and to the offices of the Supreme Judicial Court, and the chosen neighborhood(s), each as presently situated.	The task force will formulate a defense plan against climate catastrophe for existing government infrastructure.
This resilience plan shall describe the required road, rail, airport, seaport, and communications infrastructure essential to preserve the functions of these offices and the security of these residences.	The plan will include all aspects necessary to keep government operating and protect residents.
This resilience plan shall include ecotone water levees, seawalls, or other measures of defense against sea level rise in Boston and co-flooding low-lying communities.	The plan will Include levees, seawalls and other measures as necessary.
The resilience plan shall be designed such that, if put into practice, it will in every way possible result in net zero additional emissions.
c.
The Task Force shall estimate the material and labor cost of the resilience plan;	The task force will project plan material and labor costs;
the additional cost of Massachusetts workforce training and apprenticeship needed to effect the resilience plan with local hands;	costs for local training and apprenticeship;
the cost of the purchase without taking of any land or property required;	costs for public land purchases without taking private land;
the cost of removing and recultivating any ecology or natural habitat so displaced;	costs for replacing impacted ecology;
and the time needed for the resilience plan to be effected.	and a timeline for implementation.
d.
In every estimate of the above, uncertainty shall be a given, such that estimates should be rendered no more precisely than is warranted, at a minimum with ranges around the correct order of magnitude of the cost in dollars or the time in months.	All estimates should include projected ranges to account for unpredictable factors.
2.
The relocation and distribution of capital offices throughout the Commonwealth, as follows: a.
For the purpose of creating a microcosm on which decisions about the larger city may be made, the Task Force shall define the relocation plan, either for a new capital and new neighborhoods near the geographic center of the Commonwealth or for separate capital districts and neighborhoods distributed throughout the Commonwealth.	The task force will also formulate a plan for relocating government infrastructure.
In the interests of long-term stability, the relocation plan shall not place any new office, neighborhood or district below the estimated inundation elevation, calculated under the assumption of the melting of all ice across the globe, as most recently published by the United States Geological Survey.	Relocation must be to areas above estimated flood levels assuming all ice on the planet melts, as projected by the U.S.G.S.
The relocation plan shall relocate the executive branch offices;
the offices of the agencies, the halls, chambers and offices of the General Court;
the Supreme Judicial Court, and the chosen neighborhood(s).
The relocation plan shall account for the likelihood of rain and river flood, fire, and damaging winds in any prospective site.	The plan will also consider rain and river flooding, fire and high winds.
The relocation plan shall be designed such that, if put into practice, it will in every way possible result in net zero additional emissions.	The relocation plan's implementation will not increase emissions in any way.
b.
The Task Force shall estimate the material and labor cost of the relocation plan;
the additional cost of Massachusetts workforce training and apprenticeship needed to effect the relocation with local hands;
the cost of the purchase without taking of any land or property required;
the cost of removing and recultivating any ecology or natural habitat so displaced;
and the time needed for the relocation plan to be effected.
c.
The Task Force shall estimate the economic impact of relocation on Boston and surrounding communities;	How much would government relocation cost Greater Boston?
the economic impact on the new location or locations and surrounding communities;	How much would it cost new hosting communities?
the impact on housing costs in Boston and on the new location or locations;	What would be the impact on housing?
the required density changes;	On density?
the impact on democratic participation of residents of the furthest Berkshire, Dukes, Barnstable, and Nantucket counties;	On democratic participation of distant communities?
the climate justice implications of such a relocation;	On climate justice?
and any other considerations the Task Force may deem necessary and proper to estimate.	And other impacts and estimates.
d.
In every estimate of the above, uncertainty shall be a given, such that estimates should be rendered no more precisely than is warranted, at a minimum with ranges around the correct order of magnitude of the cost in dollars or the time in months.
(b) The Task Force may request data, information, and assistance from any state agency, local government, or any political subdivision thereof, which to the extent permitted by law shall provide the Task Force with all relevant information and assistance on any matter within their knowledge or control as promptly as is reasonably practicable.	The task force will have cooperation and assistance from other government agencies as needed.
The Task Force may: (i) use such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed;	The task force may also use assistance from non-governmental sources;
and (ii) hold regular, public meetings and fact-finding hearings and other public forums as it may consider necessary.	and hold public meetings as necessary.
The Task Force shall be subject to the provisions of Chapter 30A, Section 11B.	Chapter 30A s. 11B sets rules regulating studies conducted by state governmental agencies.
The Task Force shall be subject to the requirements of Chapter 66.	Chapter 66 regulates use and treatment of public records.
The secretary of the Task Force shall be responsible for compliance under Chapter 66 Section 10.	Section 10 defines rules for public records access.
(4) No later than 18 months after the first meeting of the Task Force, the Task Force shall submit a report of the resilience plan, including findings and recommendations, to each appointer under Section 2, including but not limited to the Governor, the President of the Senate, and the Speaker of the House of Representatives, and also to the Chief Justice of the Supreme Judicial Court, and shall publish electronically the same for public review.	The task force will submit and publish a report including its resilience plan within 18 months of its first meeting, to government officials.
No later than 18 months after the report of the resilience plan, the Task Force shall submit a report of the relocation plan, including findings and recommendations, to the same, and shall likewise publish it.	Within 18 months of that report, the task force will submit and publish its relocation plan.
The Task Force shall be dissolved upon submission and publication of the relocation plan, except if at the request of the Governor the Task Force shall continue for the purpose of advising on the implementation of its recommendations.	The task force will then be dissolved unless requested to continue by the governor.
(5) If any appointer under section 2 should fail to appoint their member or members of the Task Force, or if any member should fail to participate meaningfully in the work of the Task Force, or if the Task Force should fail to produce either or both plans, or if any state agency, local government or political subdivision thereof should fail to provide the assistance or information required under this Act, then the supreme judicial or superior court may, upon petition of not less than ten taxable inhabitants of the commonwealth, compel the participation of said delinquent or delinquents, levy fines against compensation already paid up to and including the amount of compensation awarded here, or both.	Cooperation with the task force from all participants will be mandated, subject to fines for non-cooperation.
(6) (a) That the members of the Task Force should devote their full professional capacity to the effort, and that the appointers under Section 2 should be free to choose appointees from among the full diversity of the commonwealth’s residents, there shall be per appointee a salary of $100,000 per annum paid in accordance with applicable General Laws and regulations via the Executive Office of Energy and Environmental Affairs.	Each member of the task force will receive annual compensation of $100,000.
(b) To provide for the establishment and operation of the Task Force, there is hereby appropriated from the General Fund for the several purposes of and subject to the conditions specified in this act, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2023: Salaries for the Task Force for 36 months $5,100,000.	A total of $5.1 million will be appropriated from the state’s General Fund for task force members’ salaries.