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2 | 2 | | HOUSE DOCKET, NO. 5307 FILED ON: 8/8/2024 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 4993 |
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4 | 4 | | OFFICE OF THE GOVERNOR |
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5 | 5 | | COMMONWEALTH OF MASSACHUSETTS |
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6 | 6 | | STATE HOUSE · BOSTON, MA 02133 |
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7 | 7 | | (617) 725-4000 |
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8 | 8 | | MAURA T. HEALEY |
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9 | 9 | | GOVERNOR |
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10 | 10 | | KIMBERLEY DRISCOLL |
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11 | 11 | | LIEUTENANT GOVERNOR |
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12 | 12 | | August 8, 2024 |
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13 | 13 | | To the Honorable Senate and House of Representatives, |
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14 | 14 | | Pursuant to Article LVI, as amended by Section 3 of Article XC, of the Amendments to |
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15 | 15 | | the Constitution of the Commonwealth of Massachusetts, I am returning to you for amendment |
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16 | 16 | | House Bill No. H.2049, “An Act relative to the Auburn Water District.” |
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17 | 17 | | H.2049 would authorize the Auburn Water District to transfer, sell, convey, or otherwise |
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18 | 18 | | dispose of 59 acres of land in the Town of Auburn determined by the District to be no longer |
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19 | 19 | | needed for water supply purposes. The Bill authorizes the District to transfer the land subject to |
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20 | 20 | | G. L. c. 30B, § 16. I agree with the determination made by the Clerks of the House and Senate |
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21 | 21 | | that this Bill is subject to Article 97 of the Massachusetts Constitution. It appears that much of |
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22 | 22 | | the 59 acres of land at issue may be protected under Article 97. |
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23 | 23 | | The Bill does not ensure mitigation or compensation for removing land from the |
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24 | 24 | | protections of Article 97 and therefore is inconsistent with the provisions of G. L. c. 3, § 5A and |
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25 | 25 | | the “No Net Loss” Policy established by the Executive Office of Energy and Environmental |
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26 | 26 | | Affairs, both of which protect against the loss of public lands due to conversion to other |
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27 | 27 | | purposes. The law and policy ordinarily require that any transfer of public lands subject to |
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28 | 28 | | Article 97 be mitigated by dedicating or acquiring replacement land for Article 97 purposes. As |
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29 | 29 | | the Bill does not identify or require Auburn Water District to dedicate replacement land, or |
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30 | 30 | | require any other specific mitigation, it does not comply with this law or policy and would result |
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31 | 31 | | in a net decrease of protected land in the Commonwealth. |
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32 | 32 | | The Bill also does not ensure compliance with the Department of Environmental |
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33 | 33 | | Protection’s (MassDEP) procedures for reviewing proposed dispositions of watershed land. |
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34 | 34 | | Under G. L. c. 40, § 41 and 310 CMR 22.24, water districts seeking to dispose of land used for 2 of 2 |
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35 | 35 | | water supply purposes but no longer necessary for public water supply must seek approval from |
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36 | 36 | | MassDEP, which may be granted following public notification and hearing. Through this |
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37 | 37 | | important approval process, MassDEP protects public health and welfare by ensuring that the |
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38 | 38 | | disposition of watershed land will meet minimum drinking water standards and will not |
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39 | 39 | | adversely impact the quantity or quality of the water supply. |
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40 | 40 | | For the reasons stated above, I recommend that H.2049 be struck in its entirety and |
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41 | 41 | | replaced with the following:- |
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42 | 42 | | SECTION 1. Notwithstanding chapter 585 of the acts of 1947, as amended by chapter |
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43 | 43 | | 150 of the acts of 1981, or section 5A of chapter 3 of the General Laws, but subject to section 16 |
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44 | 44 | | of chapter 30B of the General Laws, the Auburn water district may transfer, sell, convey or |
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45 | 45 | | otherwise dispose of all or portions of the property located adjacent to 295 Leicester street in the |
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46 | 46 | | town of Auburn, which was acquired by the district by deed recorded at the Worcester district |
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47 | 47 | | registry of deeds in book 25575, page 87, said portion consisting of approximately 59 acres of |
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48 | 48 | | land located off of the southeastern sideline of Leicester street in the town of Auburn and |
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49 | 49 | | determined by the district to be not needed for water supply purposes; provided, however, that |
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50 | 50 | | this section shall not apply to any land or interest in land subject to Article 97 of the amendments |
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51 | 51 | | to the constitution of the commonwealth and unless all required approvals of the department of |
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52 | 52 | | environmental protection are obtained pursuant to section 41 of chapter 40 of the general laws |
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53 | 53 | | and any other applicable law or regulation. |
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54 | 54 | | SECTION 2. This act shall take effect upon its passage. |
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55 | 55 | | Respectfully submitted, |
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56 | 56 | | Maura T. Healey, |
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57 | 57 | | Governor |
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