Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H892 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. 3787 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 892
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jeffrey N. Roy
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 to assist municipal and district ratepayers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey N. Roy10th Norfolk1/4/2023Vanna Howard17th Middlesex2/6/2023Angelo J. Puppolo, Jr.12th Hampden2/6/2023Rodney M. Elliott16th Middlesex2/22/2023 1 of 4
16	16	HOUSE DOCKET, NO. 3787 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 892
18	18	By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 892) of Jeffrey
19	19	N. Roy and others relative to the imposition of additional costs to cities or towns by the
20	20	Executive Office of Energy and Environmental Affairs. Environment and Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to assist municipal and district ratepayers.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Whereas, water, wastewater and stormwater systems are in need of major
30	30	2improvements in order to continue to protect public health, safety and the environment; and
31	31	3 Whereas, the costs for these improvements are significant and increasing each year; and
32	32	4 Whereas, local ratepayers and taxpayers bear the majority of costs associated with
33	33	5making these improvements as the Federal and State governments have reduced their level of
34	34	6funding assistance to cities, towns and districts; and
35	35	7 Whereas, many of the costs associated with water, wastewater, and stormwater
36	36	8improvements are due to regulatory demands by Federal and State agencies; and
37	37	9 Whereas, these regulatory demands on cities, towns and districts currently do not
38	38	10consider compliance costs or assess the value of the benefits derived; and 2 of 4
39	39	11 Whereas, it is in the public interest to spend ratepayer and taxpayer funds wisely, and to
40	40	12ensure the maximum benefits are derived for each dollar expended.
41	41	13 Be it enacted by the Senate and House of Representatives in General Court assembled,
42	42	14and by the authority of the same, as follows:
43	43	15 Notwithstanding the provisions of section 27C of chapter 29 of the General Laws, or any
44	44	16other general or special law to the contrary, any proposal initiated by the Executive Office of
45	45	17Energy and Environmental Affairs and its subordinate agencies, commissions, or boards
46	46	18(collectively EOEEA) in the form of a rule, regulation or so-called guidance document or policy
47	47	19resulting in the imposition of additional cost to a city or town shall be termed a “local mandate”.
48	48	20Local mandates shall include but not be limited to any EOEEA initiated rule, regulation or so-
49	49	21called guidance document or policy that: (1.) requires any city or town to undertake any service
50	50	22or direct or indirect cost obligation, or to establish, expand or modify any existing activity in
51	51	23such a way that results in the expenditure of funds or resources, or results in the diversion of
52	52	24funds or resources from any existing activity. For the purposes of this section, the term “existing
53	53	25activity” shall include any program or service lawfully undertaken by any city or town under the
54	54	26authority of any law, special law, administrative rule or regulation or city or town charter, or; (2.)
55	55	27relieves the state or a county from providing a service or program so that any city or town instead
56	56	28incurs the direct or indirect cost of such service or program.
57	57	29 SECTION 2. No proposal initiated by the EOEEA in the form of a rule or regulation, or
58	58	30so-called guidance document or policy, which pertains to water, wastewater, and/or stormwater,
59	59	31shall become effective until a regulatory impact statement has been completed, made public
60	60	32during the hearing process described in chapter 30A of the General Laws and filed with the 3 of 4
61	61	33secretary of state. The regulatory impact statement shall: (a) identify the problem, issue or
62	62	34deficiency addressed by the proposal; (b) identify the methodology or approach, including
63	63	35identification of expert information and analysis used to address the problem, issue or deficiency;
64	64	36(c) identify stakeholders who will be affected and to what extent by the proposal; (d) identify
65	65	37when such proposal will become effective, when such proposal will be changed, if known, and
66	66	38how and when the proposal will be reviewed in the future, if at all; (e) identify and describe the
67	67	39immediate and long term financial impacts of the proposal on all stakeholders, including the
68	68	40entity issuing the proposal, any affected private party or entity, the state, the cities and towns,
69	69	41and the general public. Such financial impact statement shall consider administrative costs,
70	70	42permitting costs, enforcement costs, capital costs, internal compliance costs, and indirect costs, if
71	71	43any; (f) identify the fiscal effect on the public and private sectors for the first and second year of
72	72	44the proposal's existence, and provide a projection of fiscal impact over the first five years of the
73	73	45proposal's existence or, in the case of proposals affecting permits issued by the EOEEA, the term
74	74	46of the permit; and (g) identify and describe, specifically, the benefits of the proposal including,
75	75	47where possible, the financial value of these benefits. The secretary of administration and finance
76	76	48shall adopt regulations to further define and implement the use of regulatory impact statements
77	77	49by the EOEEA.
78	78	50 SECTION 3. The EOEEA shall maintain a list of stakeholders who have requested
79	79	51preliminary notification of proposals made by said executive office and subordinate agencies;
80	80	52such request may be renewed annually by persons or groups in December. No later than thirty
81	81	53days prior to the notice of hearing described above, the EOEEA shall send a preliminary
82	82	54notification of the proposal to each stakeholder on the list and to the Joint Legislative Committee
83	83	55on Natural Resources, the Joint Legislative Committee on Local Affairs, the House and Senate 4 of 4
84	84	56Committees on Ways & Means, the Office of the State Auditor and the Massachusetts Municipal
85	85	57Association. The preliminary notification of the proposal shall (a) identify the proposal to be
86	86	58noticed for hearing and the scope of the proposal, (b) provide the statutory authority for such
87	87	59proposal, and (c) identify the person within the EOEEA responsible for the proposal and who can
88	88	60be contacted for more information.
89	89	61 SECTION 4. No proposal initiated by the EOEEA in the form of a rule, regulation, or so
90	90	62called guidance document or policy, which pertains to water, wastewater, and/or stormwater,
91	91	63shall become effective until the EOEEA has complied with the provisions of Massachusetts
92	92	64Administrative Procedures Act established under the provisions of Chapter 30A of the General
93	93	65Laws. Any entity claiming to be aggrieved by lack of compliance with said chapter shall be
94	94	66permitted to file a petition for relief with the superior court.