Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2732 Compare Versions

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22 SENATE DOCKET, NO. 3163 FILED ON: 4/11/2024
33 SENATE . . . . . . . . . . . . . . No. 2732
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Susan L. Moran
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to wastewater treatment and disposal in the town of Sandwich.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Susan L. MoranPlymouth and Barnstable 1 of 3
1616 SENATE DOCKET, NO. 3163 FILED ON: 4/11/2024
1717 SENATE . . . . . . . . . . . . . . No. 2732
1818 By Ms. Moran, a petition (accompanied by bill, Senate, No. 2732) of Susan L. Moran (by vote of
1919 the town) for legislation relative to wastewater treatment and disposal in the town of Sandwich.
2020 Environment and Natural Resources. [Local Approval Received.]
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act relative to wastewater treatment and disposal in the town of Sandwich.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Notwithstanding any general or special law to the contrary, the town of
3030 2Sandwich may enter into a contract for wastewater treatment and disposal services for a term not
3131 3to exceed 99 years with the private operator of the wastewater treatment and disposal facilities
3232 4located at Joint Base Cape Cod. The contract shall not be subject to the public bidding
3333 5requirements of chapter 30B of the General Laws. The treatment and disposal facilities are
3434 6located in the towns of Sandwich and Bourne on land owned in part by the federal government
3535 7and in part by the commonwealth and subject to a lease between the commonwealth and the
3636 8federal government acting through the secretary of the United States Air Force. A private
3737 9operator has entered into an exchange agreement with the United States Air Force in which, the
3838 10ownership of the wastewater treatment and disposal facilities has been transferred to the private
3939 11operator. 2 of 3
4040 12 SECTION 2. The town of Sandwich may acquire and the commonwealth may grant to
4141 13the town of Sandwich, an easement or other interest in the land or wastewater treatment and
4242 14disposal facilities located on Joint Base Cape Cod for the purpose of securing access and a
4343 15property interest in all or a portion of such facilities utilized to provide wastewater treatment and
4444 16disposal facilities on behalf of the town.
4545 17 The town of Sandwich may acquire an access easement for sewer transmission lines from
4646 18the town of Mashpee. Any such easement or other interest in land granted to the town of
4747 19Sandwich pursuant to this act shall cause the town of Sandwich to have an ownership interest in
4848 20any wastewater treatment and disposal facilities constructed within the area of such easement or
4949 21other interest in land, for purposes of chapter 29C of the General Laws.
5050 22 SECTION 3. Notwithstanding any general or special law or regulation to the contrary,
5151 23any capital contribution made by the town of Sandwich for improvements to the Joint Base Cape
5252 24Cod wastewater treatment and disposal facilities that are constructed for the purpose of obtaining
5353 25treatment and disposal capacity to serve the needs of the town of Sandwich shall be eligible for
5454 26funding under chapter 29C of the General Laws and the town may incur debt for a term of not
5555 27more than 30 years for the purposes of this act. Any such debt shall be excluded from the
5656 28limitation on indebtedness set forth in section 10 of chapter 44 of the General Laws. Except as
5757 29otherwise provided herein, any debt issued by the town of Sandwich for the purposes of this act
5858 30shall be subject to the provisions of chapter 44 of the General Laws.
5959 31 SECTION 4. The town of Sandwich may enter into 1 or more inter-municipal agreements
6060 32pursuant to section 4A of chapter 40 of the General Laws or joint powers agreements pursuant to
6161 33section 4A½ of chapter 40 of the General Laws with the towns of Barnstable, Bourne, Falmouth, 3 of 3
6262 34and Mashpee or any other governmental unit for wastewater treatment and disposal services at
6363 35the facility.
6464 36 SECTION 5. This act shall take effect upon its passage.