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2 | 2 | | SENATE DOCKET, NO. 3163 FILED ON: 4/11/2024 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2732 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Susan L. Moran |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to wastewater treatment and disposal in the town of Sandwich. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Susan L. MoranPlymouth and Barnstable 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 3163 FILED ON: 4/11/2024 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2732 |
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18 | 18 | | By Ms. Moran, a petition (accompanied by bill, Senate, No. 2732) of Susan L. Moran (by vote of |
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19 | 19 | | the town) for legislation relative to wastewater treatment and disposal in the town of Sandwich. |
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20 | 20 | | Environment and Natural Resources. [Local Approval Received.] |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act relative to wastewater treatment and disposal in the town of Sandwich. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Notwithstanding any general or special law to the contrary, the town of |
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30 | 30 | | 2Sandwich may enter into a contract for wastewater treatment and disposal services for a term not |
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31 | 31 | | 3to exceed 99 years with the private operator of the wastewater treatment and disposal facilities |
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32 | 32 | | 4located at Joint Base Cape Cod. The contract shall not be subject to the public bidding |
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33 | 33 | | 5requirements of chapter 30B of the General Laws. The treatment and disposal facilities are |
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34 | 34 | | 6located in the towns of Sandwich and Bourne on land owned in part by the federal government |
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35 | 35 | | 7and in part by the commonwealth and subject to a lease between the commonwealth and the |
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36 | 36 | | 8federal government acting through the secretary of the United States Air Force. A private |
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37 | 37 | | 9operator has entered into an exchange agreement with the United States Air Force in which, the |
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38 | 38 | | 10ownership of the wastewater treatment and disposal facilities has been transferred to the private |
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39 | 39 | | 11operator. 2 of 3 |
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40 | 40 | | 12 SECTION 2. The town of Sandwich may acquire and the commonwealth may grant to |
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41 | 41 | | 13the town of Sandwich, an easement or other interest in the land or wastewater treatment and |
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42 | 42 | | 14disposal facilities located on Joint Base Cape Cod for the purpose of securing access and a |
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43 | 43 | | 15property interest in all or a portion of such facilities utilized to provide wastewater treatment and |
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44 | 44 | | 16disposal facilities on behalf of the town. |
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45 | 45 | | 17 The town of Sandwich may acquire an access easement for sewer transmission lines from |
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46 | 46 | | 18the town of Mashpee. Any such easement or other interest in land granted to the town of |
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47 | 47 | | 19Sandwich pursuant to this act shall cause the town of Sandwich to have an ownership interest in |
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48 | 48 | | 20any wastewater treatment and disposal facilities constructed within the area of such easement or |
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49 | 49 | | 21other interest in land, for purposes of chapter 29C of the General Laws. |
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50 | 50 | | 22 SECTION 3. Notwithstanding any general or special law or regulation to the contrary, |
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51 | 51 | | 23any capital contribution made by the town of Sandwich for improvements to the Joint Base Cape |
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52 | 52 | | 24Cod wastewater treatment and disposal facilities that are constructed for the purpose of obtaining |
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53 | 53 | | 25treatment and disposal capacity to serve the needs of the town of Sandwich shall be eligible for |
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54 | 54 | | 26funding under chapter 29C of the General Laws and the town may incur debt for a term of not |
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55 | 55 | | 27more than 30 years for the purposes of this act. Any such debt shall be excluded from the |
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56 | 56 | | 28limitation on indebtedness set forth in section 10 of chapter 44 of the General Laws. Except as |
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57 | 57 | | 29otherwise provided herein, any debt issued by the town of Sandwich for the purposes of this act |
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58 | 58 | | 30shall be subject to the provisions of chapter 44 of the General Laws. |
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59 | 59 | | 31 SECTION 4. The town of Sandwich may enter into 1 or more inter-municipal agreements |
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60 | 60 | | 32pursuant to section 4A of chapter 40 of the General Laws or joint powers agreements pursuant to |
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61 | 61 | | 33section 4A½ of chapter 40 of the General Laws with the towns of Barnstable, Bourne, Falmouth, 3 of 3 |
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62 | 62 | | 34and Mashpee or any other governmental unit for wastewater treatment and disposal services at |
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63 | 63 | | 35the facility. |
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64 | 64 | | 36 SECTION 5. This act shall take effect upon its passage. |
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