Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4993 Compare Versions

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22 HOUSE DOCKET, NO. 5307 FILED ON: 8/8/2024
33 HOUSE . . . . . . . . . . . . . . . No. 4993
44 OFFICE OF THE GOVERNOR
55 COMMONWEALTH OF MASSACHUSETTS
66 STATE HOUSE · BOSTON, MA 02133
77 (617) 725-4000
88 MAURA T. HEALEY
99 GOVERNOR
1010 KIMBERLEY DRISCOLL
1111 LIEUTENANT GOVERNOR
1212 August 8, 2024
1313 To the Honorable Senate and House of Representatives,
1414 Pursuant to Article LVI, as amended by Section 3 of Article XC, of the Amendments to
1515 the Constitution of the Commonwealth of Massachusetts, I am returning to you for amendment
1616 House Bill No. H.2049, “An Act relative to the Auburn Water District.”
1717 H.2049 would authorize the Auburn Water District to transfer, sell, convey, or otherwise
1818 dispose of 59 acres of land in the Town of Auburn determined by the District to be no longer
1919 needed for water supply purposes. The Bill authorizes the District to transfer the land subject to
2020 G. L. c. 30B, § 16. I agree with the determination made by the Clerks of the House and Senate
2121 that this Bill is subject to Article 97 of the Massachusetts Constitution. It appears that much of
2222 the 59 acres of land at issue may be protected under Article 97.
2323 The Bill does not ensure mitigation or compensation for removing land from the
2424 protections of Article 97 and therefore is inconsistent with the provisions of G. L. c. 3, § 5A and
2525 the “No Net Loss” Policy established by the Executive Office of Energy and Environmental
2626 Affairs, both of which protect against the loss of public lands due to conversion to other
2727 purposes. The law and policy ordinarily require that any transfer of public lands subject to
2828 Article 97 be mitigated by dedicating or acquiring replacement land for Article 97 purposes. As
2929 the Bill does not identify or require Auburn Water District to dedicate replacement land, or
3030 require any other specific mitigation, it does not comply with this law or policy and would result
3131 in a net decrease of protected land in the Commonwealth.
3232 The Bill also does not ensure compliance with the Department of Environmental
3333 Protection’s (MassDEP) procedures for reviewing proposed dispositions of watershed land.
3434 Under G. L. c. 40, § 41 and 310 CMR 22.24, water districts seeking to dispose of land used for 2 of 2
3535 water supply purposes but no longer necessary for public water supply must seek approval from
3636 MassDEP, which may be granted following public notification and hearing. Through this
3737 important approval process, MassDEP protects public health and welfare by ensuring that the
3838 disposition of watershed land will meet minimum drinking water standards and will not
3939 adversely impact the quantity or quality of the water supply.
4040 For the reasons stated above, I recommend that H.2049 be struck in its entirety and
4141 replaced with the following:-
4242 SECTION 1. Notwithstanding chapter 585 of the acts of 1947, as amended by chapter
4343 150 of the acts of 1981, or section 5A of chapter 3 of the General Laws, but subject to section 16
4444 of chapter 30B of the General Laws, the Auburn water district may transfer, sell, convey or
4545 otherwise dispose of all or portions of the property located adjacent to 295 Leicester street in the
4646 town of Auburn, which was acquired by the district by deed recorded at the Worcester district
4747 registry of deeds in book 25575, page 87, said portion consisting of approximately 59 acres of
4848 land located off of the southeastern sideline of Leicester street in the town of Auburn and
4949 determined by the district to be not needed for water supply purposes; provided, however, that
5050 this section shall not apply to any land or interest in land subject to Article 97 of the amendments
5151 to the constitution of the commonwealth and unless all required approvals of the department of
5252 environmental protection are obtained pursuant to section 41 of chapter 40 of the general laws
5353 and any other applicable law or regulation.
5454 SECTION 2. This act shall take effect upon its passage.
5555 Respectfully submitted,
5656 Maura T. Healey,
5757 Governor