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