Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H852 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. 2727 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 852
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jay D. Livingstone
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 municipal assistance for clean water and economic development
13	13	infrastructure.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Jay D. Livingstone8th Suffolk1/19/2023Lindsay N. Sabadosa1st Hampshire1/26/2023Hannah Kane11th Worcester1/26/2023Kay Khan11th Middlesex2/21/2023Mindy Domb3rd Hampshire2/21/2023Vanna Howard17th Middlesex2/21/2023Angelo J. Puppolo, Jr.12th Hampden2/21/2023James B. EldridgeMiddlesex and Worcester2/21/2023Simon Cataldo14th Middlesex3/3/2023 1 of 5
17	17	HOUSE DOCKET, NO. 2727 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 852
19	19	By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 852) of
20	20	Jay D. Livingstone and others relative to the establishment of a water infrastructure improvement
21	21	fund to provide assistance to cities and towns for clean water and economic development.
22	22	Environment and Natural Resources.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to municipal assistance for clean water and economic development
29	29	infrastructure.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. To provide for a capital outlay program of maintenance and improvements
33	33	2to municipal drinking, the replacement of lead service line pipes, and waste and storm water
34	34	3infrastructure assets of the commonwealth. The sum set forth in section 2 for the several
35	35	4purposes and subject to the conditions specified in this act, is hereby made available, subject to
36	36	5the laws regulating the disbursement of public funds, which sum is in addition to any other
37	37	6amounts previously appropriated for these purposes.
38	38	7 SECTION 2.
39	39	8 Massachusetts Clean Water Trust
40	40	9 For the Massachusetts Clean Water Trust established in section 2 of chapter 29C of the
41	41	10General Laws for deposit in a Water Infrastructure Improvement Fund established by this 2 of 5
42	42	11Section for the purposes of maintenance and improvements to municipal drinking, the
43	43	12replacement of lead service line pipes, and improvements to waste and storm water infrastructure
44	44	13assets; provided, that a local government unit shall comply with the procedures established by
45	45	14the Massachusetts Clean Water Trust; provided further, that any such local government unit may
46	46	15appropriate for such projects amounts not in excess of the amount provided to the local
47	47	16government unit under this item, preliminary notice of which shall be provided by the
48	48	17Massachusetts Clean Water Trust to the local government unit not later than April 1 of each year;
49	49	18provided further, that the Massachusetts Clean Water Trust shall reimburse any such local
50	50	19government unit under this item within 30 days after receipt by the Massachusetts
51	51	20 Clean Water Trust of a request for reimbursement from the local government unit, which
52	52	21request shall include certification by the local government unit that actual expenses have been
53	53	22incurred on projects eligible for reimbursement under this item, and that the work has been
54	54	23completed to the satisfaction of the local government unit according to the specifications of the
55	55	24project and in compliance with applicable laws and procedures established by the Massachusetts
56	56	25Clean Water Trust..... .............$1,000,000,000
57	57	26 SECTION 3. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition,
58	58	27is hereby amended by inserting, after section 2VVVV, the following section:
59	59	28 Section 2WWWW. There shall be established and set up on the books of the
60	60	29commonwealth a separate fund, to be known as the Water Infrastructure Improvement Fund,
61	61	30consisting of amounts credited to the fund by appropriation of the General Court or in
62	62	31accordance with any other general or special law. The fund shall be administered in accordance 3 of 5
63	63	32 with the provisions of said chapter 29C by the board of trustees of the Massachusetts
64	64	33Clean Water Trust and shall be held in trust exclusively for the purposes and the beneficiaries
65	65	34described therein. The state treasurer shall be treasurer and custodian of the fund and shall have
66	66	35the custody of its monies and securities. Said amounts shall be used solely for the administration
67	67	36of the provisions of section 19 of said chapter 29C.
68	68	37 SECTION 4. Chapter 29C of the General Laws, as so appearing, is hereby amended by
69	69	38 adding the following section:
70	70	39 Section 19. (a) For purposes of this section the following terms shall, unless the context
71	71	40clearly requires otherwise, have the following meanings:-
72	72	41 “Base allocation”, the sum of: (i) the total number of road miles in the commonwealth
73	73	42multiplied by 58.33; (ii) the population of the commonwealth multiplied by 20.83 per cent; and
74	74	43(iii) the total number of persons employed in the commonwealth multiplied by 20.83%, such sum
75	75	44being divided by the total number of municipalities in the commonwealth.
76	76	45 “Employment factor”, the number of persons employed within the borders of the
77	77	46 municipality.
78	78	47 “Lead service line”, shall have the same meaning as 40 CFR. Part 141.2, as amended.
79	79	48 “Population factor”, the population of a municipality.
80	80	49 “Road miles factor”, the number of road miles contained within a municipality.
81	81	50 (b) In addition to the powers and duties of the board otherwise provided, the trust is
82	82	51hereby designated to establish and administer the Water Infrastructure Improvement Fund, 4 of 5
83	83	52established by this Section. The monies in the fund, which shall be under the control of the board
84	84	53and not subject to appropriation, shall be used as provided in subsection(c).
85	85	54 (c) The board shall apply monies in the Water Infrastructure Improvement Fund for the
86	86	55purpose of providing grants to local governmental units to provide for a capital outlay program
87	87	56of maintenance and improvements to municipal drinking, the replacement of lead service line
88	88	57pipes, and waste and storm water infrastructure assets. The amount of percentage of funds
89	89	58available to a municipality fund assets to be allocated as a grant funding for municipalities shall
90	90	59be determined using the following formula: by finding the sum of: (i) the road miles factor
91	91	60multiplied by 58.33 percent; (ii) the population factor multiplied by 20.83 per cent; and (iii) the
92	92	61employment factor multiplied by 20.83 per cent and dividing such sum by the base allocation.
93	93	62 (d) In order to receive a grant pursuant to this section, a local governmental unit shall:
94	94	63 (1) develop and maintain an asset management plan, which has been approved by the
95	95	64department;
96	96	65 (2) implement a full cost pricing program, as prescribed and approved by the department;
97	97	66 (3) submit an application for the grant, on such form and at some time as the board shall
98	98	67prescribe.
99	99	68 SECTION 5. To meet the expenditures necessary in carrying out section 2, the state
100	100	69treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an
101	101	70amount to be specified by the governor from time to time but not exceeding, in the aggregate,
102	102	71$1,000,000,000. All such bonds issued by the commonwealth shall be designated on their face,
103	103	72Maintenance and Improvement of Municipal Water Infrastructure Act of 2018, and shall be 5 of 5
104	104	73issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to
105	105	74the general court under section 3 of Article LXII of the Amendments to the Constitution;
106	106	75provided, however, that all such bonds shall be payable not later than June 30, 2053. All interest
107	107	76 and payments on account of principal on these obligations shall be payable from the
108	108	77General Fund. Notwithstanding any other provision of this act, bonds and interest thereon issued
109	109	78under this section shall be general obligations of the commonwealth.