Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3816 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4110 FILED ON: 1/26/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3816
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven George Xiarhos
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to wastewater treatment and disposal in the town of Sandwich.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Steven George Xiarhos5th Barnstable1/26/2023Susan L. MoranPlymouth and Barnstable1/26/2023 1 of 3
16	16	HOUSE DOCKET, NO. 4110 FILED ON: 1/26/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3816
18	18	By Representative Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 3816) of
19	19	Steven George Xiarhos and Susan L. Moran (by vote of the town) relative to wastewater
20	20	treatment and disposal in the town of Sandwich. Environment and Natural Resources. [Local
21	21	Approval Received.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to wastewater treatment and disposal in the town of Sandwich.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Notwithstanding any general or special law to the contrary, the town of
31	31	2Sandwich may enter into a contract for wastewater treatment and disposal services for a term not
32	32	3to exceed 99 years with the private operator of the wastewater treatment and disposal facilities
33	33	4located at Joint Base Cape Cod. The contract shall not be subject to the public bidding
34	34	5requirements of chapter 30B of the General Laws. The treatment and disposal facilities are
35	35	6located in the towns of Sandwich and Bourne on land owned in part by the federal government
36	36	7and in part by the commonwealth and subject to a lease between the commonwealth and the
37	37	8federal government acting through the secretary of the United States Air Force. A private
38	38	9operator has entered into an exchange agreement with the United States Air Force in which, the
39	39	10ownership of the wastewater treatment and disposal facilities has been transferred to the private
40	40	11operator. 2 of 3
41	41	12 SECTION 2. The town of Sandwich may acquire and the commonwealth may grant to
42	42	13the town of Sandwich, an easement or other interest in the land or wastewater treatment and
43	43	14disposal facilities located on Joint Base Cape Cod for the purpose of securing access and a
44	44	15property interest in all or a portion of such facilities utilized to provide wastewater treatment and
45	45	16disposal facilities on behalf of the town.
46	46	17 The town of Sandwich may acquire an access easement for sewer transmission lines from
47	47	18the town of Mashpee. Any such easement or other interest in land granted to the town of
48	48	19Sandwich pursuant to this act shall cause the town of Sandwich to have an ownership interest in
49	49	20any wastewater treatment and disposal facilities constructed within the area of such easement or
50	50	21other interest in land, for purposes of chapter 29C of the General Laws.
51	51	22 SECTION 3. Notwithstanding any general or special law or regulation to the contrary,
52	52	23any capital contribution made by the town of Sandwich for improvements to the Joint Base Cape
53	53	24Cod wastewater treatment and disposal facilities that are constructed for the purpose of obtaining
54	54	25treatment and disposal capacity to serve the needs of the town of Sandwich shall be eligible for
55	55	26funding under chapter 29C of the General Laws and the town may incur debt for a term of not
56	56	27more than 30 years for the purposes of this act. Any such debt shall be excluded from the
57	57	28limitation on indebtedness set forth in section 10 of chapter 44 of the General Laws. Except as
58	58	29otherwise provided herein, any debt issued by the town of Sandwich for the purposes of this act
59	59	30shall be subject to the provisions of chapter 44 of the General Laws.
60	60	31 SECTION 4. The town of Sandwich may enter into 1 or more inter-municipal agreements
61	61	32pursuant to section 4A of chapter 40 of the General Laws or joint powers agreements pursuant to
62	62	33section 4A½ of chapter 40 of the General Laws with the towns of Barnstable, Bourne, Falmouth, 3 of 3
63	63	34and Mashpee or any other governmental unit for wastewater treatment and disposal services at
64	64	35the facility.
65	65	36 SECTION 5. This act shall take effect upon its passage.