Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1326 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2069 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1326
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr, (BY REQUEST)
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 provide clarification to Mass General Laws.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Gracemarie Tomaselli115 NORTH END BLVD SALISBURY, MA
16	16	01952
17	17	Joyce Tomaselli125 HAVERHILL ST LAWRENCE, MA
18	18	01840 1 of 10
19	19	SENATE DOCKET, NO. 2069 FILED ON: 1/20/2023
20	20	SENATE . . . . . . . . . . . . . . No. 1326
21	21	By Mr. Tarr (by request), a petition (accompanied by bill, Senate, No. 1326) of Gracemarie
22	22	Tomaselli and Joyce Tomaselli for legislation to provide clarification of betterments with regard
23	23	to sewer projects. Municipalities and Regional Government.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act to provide clarification to Mass General Laws.
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 Massachusetts General Laws Chapter 80 Section 1 as appearing in the 2020 edition is
33	33	2hereby amended by striking it in its entirety and replacing it with the following:-
34	34	3 Section 1. Whenever a limited and determinable area will receive a particular benefit or
35	35	4advantage, other than the general advantage to the community, from a single public project
36	36	5improvement made by or in accordance with the formal vote at Town Meeting or City Council or
37	37	6order of a board of officers of the commonwealth or of a county, city, town or district, and such
38	38	7original assessment order for construction of the sewer states that betterments are to be imposed
39	39	8as assessments for the construction of the sewer be assessed for the improvement. The board
40	40	9shall in the order for the construction of the sewer assessment designate as the owner of each
41	41	10parcel the person who was liable to assessment named in the order therefor on the preceding
42	42	11January first under the provisions of chapter fifty-nine. Starting the day after the assessment
43	43	12order vote the tax collector must include in all municipal lien certificates that improvements have 2 of 10
44	44	13been voted, with regards to which there will probably be liens as an obligation chargeable upon
45	45	14the land as defined in MGL c. 60 s. 23, this certificate releases liability for new buyers whether
46	46	15or not this municipal lien certificate is recorded at the registry of deeds. Such assessing board
47	47	16shall within six months after the completion of the sewer project improvement determine the
48	48	17value of such benefit or advantage to the land within such area and determine final costs of
49	49	18construction, less grants, and send a notice of net actual assessment and assess upon each parcel
50	50	19thereof a proportionate share of the cost of such improvement, and shall include in such cost all
51	51	20damages awarded therefor under chapter seventy-nine; but no such assessment shall exceed the
52	52	21amount of such adjudged benefit or advantage.
53	53	22 Massachusetts General Laws Chapter 80 Section 2 as appearing in the 2020 edition is
54	54	23hereby amended by striking it in its entirety and replacing it with the following: -
55	55	24 Section 2. An assessment order for the construction of the sewer under section one which
56	56	25states that betterments are to be assessed for the improvement shall contain a description
57	57	26sufficiently accurate for identification of the area which it is expected will receive benefit or
58	58	27advantage, other than the general advantage to the community, from such improvement, and
59	59	28shall refer to a project plan of such area which includes only the contracts within the project, and
60	60	29shall contain an estimate of assessment for the betterments that will be assessed upon each parcel
61	61	30of land within such area; and such assessment order to construct, the project plan and estimated
62	62	31assessment shall be recorded, within ninety days from the adoption of this assessment order, or
63	63	32from the acceptance by a town of the laying out, relocation or alteration of a way in case such
64	64	33acceptance is required before the establishment thereof, in the registry of deeds of every county
65	65	34or district in which the benefited area is situated. No betterments shall be assessed for such
66	66	35improvement unless the order for the construction of the sewer project, project plan and estimate 3 of 10
67	67	36are recorded at the Registry of Deeds to create a lien. The assessment lien for the construction of
68	68	37a sewer relates back from the time of the formal vote of the assessment order for construction of
69	69	38the sewer as herein provided, nor upon any parcel of land not within such area, nor for a greater
70	70	39amount than such estimate or actual final net construction costs. As to third persons without
71	71	40actual knowledge of the installation of the sewer improvement, such as subsequent mortgagees
72	72	41and purchasers, the assessment is only valid if the board complies with recording the assessment
73	73	42order of construction at the registry of deeds to create a lien.
74	74	43 Massachusetts General Laws Chapter 80 Section 4 as appearing in the 2020 edition is
75	75	44hereby amended by striking it in its entirety and replacing it with the following: -
76	76	45 Section 4. Within a reasonable time after making the net actual assessment the board
77	77	46shall certify to the assessors the list of final actual assessments upon land in each town who shall
78	78	47forthwith commit the net project cost less grants received actual assessment such assessments
79	79	48with their warrant to the collector of taxes thereof, and he shall forthwith send notice of final
80	80	49committed assessment in accordance, except as to the date of notice, with section three of
81	81	50chapter sixty, to the person designated under section one as the owner of each parcel named in
82	82	51the assessment order of construction assessed, and any demand for the payment of such final
83	83	52assessment shall be made upon such person. The notice of final committed actual assessment
84	84	53must be sent by certified mail to the liable owner named in the assessment order for the
85	85	54construction of the sewer, parcel address and ID, amount owed, the date of the assessment order
86	86	55vote to construct the sewer, the vote to construct the sewer with the area within the project plan
87	87	56and contracts included in the project. The date of the bill, payment due date and options, interest
88	88	57rate and abatement rights. The notice of final committed actual assessment shall also be sent by
89	89	58certified mail to the current property owner of record, if different from assessed liable owner, 4 of 10
90	90	59with an explanation of the assessment purpose (project), and provided with a form to request an
91	91	60apportionment from the assessor and also notified of abatement rights. Except as otherwise
92	92	61herein provided, the collector shall have the same powers and be subject to the same duties with
93	93	62respect to such final assessments as in the case of the annual taxes upon real estate, and the law
94	94	63in regard to the collection of the annual taxes, to the sale of land for the non-payment thereof and
95	95	64to redemption therefrom shall apply to final assessments made under this chapter, so far as the
96	96	65same are applicable; but the owner of land shall not be personally liable for the assessment
97	97	66thereon, because a special assessment or betterment must be secured by a lien on the property
98	98	67benefited. To enforce collection, the Assessing Board must establish a valid lien at the Registry
99	99	68of Deeds of the assessment order to construct the sewer Every collector of taxes receiving a list
100	100	69of assessed owners named in the assessment order of construction and warrant from the assessors
101	101	70shall collect the final assessment therein set forth, and at such times as the assessors shall direct,
102	102	71or in the case of assessments relating to state funded projects, as the collector of taxes and the
103	103	72board determine shall pay over to the treasurer of the body politic on behalf of which the
104	104	73assessment was made the amounts collected by him.
105	105	74 Massachusetts General Laws Chapter 80 Section 5 as appearing in the 2020 edition is
106	106	75hereby amended by striking it in its entirety and replacing it with the following: -
107	107	76 Section 5. The liable owner of any real estate upon which betterments have been
108	108	77 assessed whose name appears in the order of construction or the current owner not named
109	109	78in the order of construction and with an assessment order lien recorded at the registry of deeds,
110	110	79may, within six months after notice bill of such final assessment has been sent out by the
111	111	80collector, file with the board a petition for an abatement thereof, and the board shall grant such 5 of 10
112	112	81abatement as may be necessary to make such assessment conform to section one. Such petition
113	113	82may be filed with the clerk or secretary of the board, or delivered by mail or otherwise at their
114	114	83office. The board shall within ten days after their decision upon the petition give written notice
115	115	84thereof to the petitioner. If a final actual assessment is abated by the board the assessment so
116	116	85determined shall stand as the final actual assessment upon the land, and if it has not been paid
117	117	86shall be collected in the same manner as the original assessment. If the original assessment has
118	118	87been paid, the person by whom it was paid shall be reimbursed by the body politic on behalf of
119	119	88which it was assessed to the amount of the abatement allowed, with interest at the rate of six per
120	120	89cent per annum from the time of payment.
121	121	90 Massachusetts General Laws Chapter 80 Section 12 as appearing in the 2020 edition is
122	122	91hereby amended by striking it in its entirety and replacing it with the following: -
123	123	92 Section 12. Betterment Assessments made under this chapter shall constitute a lien upon
124	124	93the land assessed. The lien shall take effect upon the recording at the Registry of Deeds the
125	125	94original order of assessment to construct the sewer stating that betterments or special
126	126	95assessments are to be assessed for the improvement. A special assessment or betterment is
127	127	96secured by a lien on the property benefited. To enforce collection, the assessing board (city/town
128	128	97council, board of selectmen, water/sewer/road commissioners) must establish a valid lien.
129	129	98 Notwithstanding any other provision of this section or chapter eighty-three, if a county,
130	130	99city, town, or district elects to send notice of the net committed assessment to the owner of the
131	131	100land assessed indicating the amount of the assessment for the betterment, and said owner pays
132	132	101the amount due, no lien shall be recorded. The assessors shall indicate on the next tax bill that the
133	133	102amount of the betterment assessment has been paid and no further notation or demand shall be 6 of 10
134	134	103made on land so assessed. Except as otherwise provided, such lien shall terminate at the
135	135	104expiration of two years from October first in the year in which the assessment is first placed on
136	136	105the annual tax bill under section thirteen or, if an assessment has been apportioned, from October
137	137	106first in the year in which the last portion is so placed upon the annual tax bill, whichever is later,
138	138	107if in the meantime in either case the estate has been alienated and the instrument alienating the
139	139	108same has been recorded. If there is no recorded alienation within such period, the lien shall
140	140	109continue until there is a recorded alienation. If the validity of an assessment made under this
141	141	110chapter is called in question in any legal proceeding to which the board which made the
142	142	111assessment or the body politic for the benefit of which it was made is a party, instituted prior to
143	143	112the expiration of the lien therefor, the lien shall continue until one year after the validity of the
144	144	113assessment is finally determined, even though an alienation be recorded in the meantime. If at
145	145	114any time while a lien established by this section is in force, a sale or taking cannot in the opinion
146	146	115of the collector be legally made because of any federal or state law or because of any injunction
147	147	116or other action of, or proceeding in, any federal or state court or because of the action of any
148	148	117administrative body, the lien shall, if the statement provided for in section thirty-seven A of
149	149	118chapter sixty is filed, continue as provided in said section thirty-seven A, subject, however, to
150	150	119any lawful action under any paramount authority conferred by the constitution or laws of the
151	151	120United States or the constitution of the commonwealth. If the time for payment of an assessment
152	152	121is extended under section thirteen A or under any general or special law, the lien shall, if the
153	153	122statement provided for in section thirty-seven A of chapter sixty is filed, continue as provided in
154	154	123said section thirty-seven A. A lien under this section may be dissolved by filing for record in the
155	155	124registry of deeds of the county or district where the land subject to the lien lies a certificate, in a
156	156	125form approved by the commissioner of revenue, from the collector of taxes that the assessment, 7 of 10
157	157	126constituting the lien, together with any interest and costs thereon, has been paid or legally abated.
158	158	127The collector of taxes shall charge four dollars for each certificate so issued, and the money so
159	159	128received shall be paid into the town treasury.
160	160	129 Mass General Law Chapter 83 Section 15 as appearing in the 2020 edition is hereby
161	161	130amended by striking it in its entirety and replacing it with the following: -
162	162	131 Section 15. The city council of a city or a town may adopt a system of sewerage for a part
163	163	132or the whole of its territory, and may provide that assessments under section fourteen shall be
164	164	133made upon owners of land within such territory by a fixed uniform rate or a rate based upon a
165	165	134uniform unit method. A municipality may not vote to adopt sewer betterment charges under this
166	166	135section. A municipality cannot vote to adopt sewer betterment charges or sewer assessment
167	167	136charges, after the particular project which included the contracts within the project are
168	168	137constructed, and a municipality cannot combine projects with other projects. No betterment
169	169	138assessment or special assessment can be assessed for a particular public improvement project
170	170	139unless the vote is a formal vote at Town Meeting or City Council which includes the order to
171	171	140construct the sewer to impose assessments, project plan including contracts, project estimate, per
172	172	141parcel estimate, and this vote is recorded at the Registry of Deeds to create a lien. The Order of
173	173	142Assessment shall state that betterments are to be assessed for the system extension. The Order of
174	174	143Assessment shall specify the area that the sewer is to be located, identify the properties specially
175	175	144benefited by the extension, identify the owners of said properties as appearing in the Assessor’s
176	176	145record A fixed uniform rate shall be based upon the estimated average cost of all the sewers
177	177	146therein, according to the frontage of such land on any way in which a sewer is constructed, or
178	178	147according to the area of such land within a fixed depth from such way, or according to both such
179	179	148frontage and area; but no assessment in respect to any such land, which by reason of its grade or 8 of 10
180	180	149level or any other cause cannot be drained into such sewer, shall be made until such incapacity is
181	181	150removed. If the assessment is according to the area within such fixed depth, the lien therefor
182	182	151shall attach to the parcel assessed in accordance with Chapter 80 section 2 and Chapter 83
183	183	152section 27. A uniform unit method shall be based upon sewerage construction costs divided
184	184	153among the total number of existing and potential sewer units to be served, after having
185	185	154proportioned the cost of special and general benefit facilities. Each sewer unit shall be equal to a
186	186	155single family residence. Potential sewer units shall be calculated on the basis of zoning then in
187	187	156effect. Existing and potential multifamily, commercial, industrial and semipublic uses shall be
188	188	157converted into sewer units on the basis of residential equivalents. A city by ordinance or a town
189	189	158by by-law may separate the costs of general benefit facilities, including but not limited to
190	190	159pumping stations, trunk and force mains, from that of special benefit facilities, including but not
191	191	160limited to the sewer mains, serving adjacent properties. A portion of costs of the general benefit
192	192	161facilities may be apportioned by the uniform unit method on all areas to receive benefits within
193	193	162the pumping district or combination of districts. The cost of the general benefit facilities,
194	194	163attributable to undeveloped land not abutting a sewered street, may not be assessed until
195	195	164properties are serviced by public sewerage. The proportional cost of the special benefit and
196	196	165general benefit facilities may be assessed against all properties abutting a sewered street.
197	197	166 Mass General Law Chapter 83 Section 16 as appearing in the 2020 edition is hereby
198	198	167amended by striking it in its entirety and replacing it with the following:-
199	199	168 Section 16. The aldermen of any city or the sewer commissioners, selectmen or road
200	200	169commissioners of a town, may from time to time establish just and equitable annual charges for
201	201	170the use of common sewers and main drains and related stormwater facilities, which shall be paid
202	202	171by every person who enters his particular sewer therein. The user fee xvi charge shall be based 9 of 10
203	203	172on each sewer user’s actual water use when water records are available. The money so received
204	204	173may be applied to the payment of the cost of maintenance and repairs of such sewers or of any
205	205	174debt contracted for sewer purposes. In establishing quarterly or annual charges for the use of
206	206	175main drains and related stormwater facilities, the city, town, or district may either charge a
207	207	176uniform fee for residential properties and a separate uniform fee for commercial properties or
208	208	177establish an annual charge based upon a uniform unit method; but, the charge shall be assessed in
209	209	178a fair and equitable manner. The annual charge shall be calculated to supplement other available
210	210	179funds as may be necessary to plan, construct, operate and maintain stormwater facilities and to
211	211	180conduct stormwater programs. The city, town or district may grant credits against the amount of
212	212	181the quarterly or annual charge to those property owners who maintain on-site functioning
213	213	182retention/detention basins or other filtration structures as approved by the stormwater utility,
214	214	183conservation commission, or other governmental entity with appropriate authority.
215	215	184 Mass General Law Chapter 83 Section 27 as appearing in the 2020 edition is hereby
216	216	185amended by striking it in its entirety and replacing it with the following: -
217	217	186 Section 27. Whenever the aldermen of a city or the sewer commissioners, selectmen or
218	218	187road commissioners of a town lay out or determine to construct a sewer or drain in a public way,
219	219	188or in a way opened or dedicated to the public use which has not become a public way, or adopt
220	220	189an order for the establishment or reconstruction of a sidewalk for such a way, and assessments
221	221	190may be made or charges imposed under this chapter for the construction of such improvement or
222	222	191the use thereof, they shall forthwith cause to be recorded in the registry of deeds of the county or
223	223	192district in which such city or town is situated a statement of their action, which shall specify the
224	224	193ways in which such sewer, drain or sidewalk is located. All assessments made or charges
225	225	194imposed under this chapter upon land which abuts upon any such way in which such sewer, drain 10 of 10
226	226	195or sidewalk is located shall constitute a lien upon such land from the time such statement is
227	227	196recorded and all charges authorized by section sixteen shall from the time of assessment
228	228	197construction order constitute a lien upon the land connected with the common sewer. Liens under
229	229	198this section shall continue for the same period and under the same conditions as a lien established
230	230	199under chapter eighty.
231	231	200 Mass General Law Chapter 83 Section 28 as appearing in the 2020 edition is hereby
232	232	201amended by striking it in its entirety and replacing it with the following: -
233	233	202 Section 28 Application of betterment law FOR CONSTRUCTION OF SEWER
234	234	203PROJECTS Section 28. The provisions of chapter eighty relative to imposing assessment of
235	235	204costs of public improvement, order of construction, plan and estimate; recordation of liens,
236	236	205apportionment, division, reassessment, abatement and collection of assessments, and to interest,
237	237	206lien status of assessments, and duration of lien, shall apply to assessments made under this
238	238	207chapter.