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SENATE DOCKET, NO. 1776 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 543
The Commonwealth of Massachusetts
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PRESENTED BY:
Susan L. Moran
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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 relative to equitable protection of clean water.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Susan L. MoranPlymouth and Barnstable 1 of 4
SENATE DOCKET, NO. 1776 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 543
By Ms. Moran, a petition (accompanied by bill, Senate, No. 543) of Susan L. Moran for
legislation relative to equitable protection of clean water. Environment and Natural Resources.
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 relative to equitable protection of clean water.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. (a) For the purposes of this act, the following definitions shall apply:
2 “Department”, the department of environmental protection.
3 “NSA” or “NSAs”, nitrogen-sensitive areas, as designated by the department.
4 (b) Notwithstanding any general or special law to the contrary, the department of
5environmental protection shall not require existing septic systems regulated under Title 5 of the
6environmental code to be upgraded to incorporate Best Available Nitrogen Reducing
7Technology unless and until:
8 (1) the department has approved for general use one or more systems that reliably achieve
9nitrogen reductions below 10 mg/l;
10 (2) the department certifies that a remote monitoring technology is available and
11affordable for general use; 2 of 4
12 (3) a regional Responsible Management Entity has been established and is available to
13affected municipalities; and
14 (4) the property in question is sold or the septic system on the property must be replaced.
15 (c) Any municipality with a Comprehensive Wastewater Management Plan (CWMP) or
16Targeted Watershed Management Plan (TWMP) approved through the Massachusetts
17Environmental Policy Act Office review process which sets forth the municipality’s
18implementation plan to address nitrogen reductions in its nitrogen-sensitive areas shall be
19considered to be in compliance with Title 5 of the state environmental code and shall not need to
20obtain a Watershed Permit for the duration of said plan.
21 (d) Any municipality within which two or more NSAs are located for which there are no
22approved Comprehensive Wastewater Management Plans or Targeted Watershed Management
23Plans shall be eligible to apply for a Watershed Permit that encompasses more than one NSA.
24The department shall evaluate such application without prejudice and evaluate such an
25application on the same merits as applications for Watershed Permits encompassing a single
26NSA.
27 (e) Any municipality that has achieved at least 75% of the required nitrogen reductions
28for a certain NSA, as determined by the Massachusetts Estuaries Project’s present watershed and
29target threshold watershed loads shall be considered to be in compliance with Title 5 of the state
30environmental code and shall not be required to obtain a Watershed Permit for that NSA. The
31department may require documentation of such reductions from the municipality.
32 (f) No Watershed Permit shall require annual reporting, but the department may impose a
33quinquennial reporting requirement. Any time frame for achieving 75% of nitrogen reduction in 3 of 4
34a NSA may be extended to 30 years at the request of the municipality, provided that the town can
35show reasonable progress toward the 75% goal.
36 SECTION 2. Chapter 29C of the General Laws is hereby amended by inserting, after
37section 20, the following section:-
38 Section 21. Watershed Management Loan Program
39 There shall be a watershed management loan program administered by the department of
40environmental protection. The program shall offer zero-interest loans to eligible loan applicants.
41 Eligible loan applicants shall be municipalities in which there exist any nitrogen sensitive
42areas, as designated by the department of environmental protection.
43 Eligible loan applicants may apply for multiple loans under this program, provided,
44however, that a loan applicant may not apply for more than 15 loans.
45 Funding distributed pursuant to this section shall not exceed 250 thousand dollars per
46loan.
47 The terms of repayment for loans distributed pursuant to this section shall not be less than
4850 years from the date of disbursement of the loan funding. In the event that a loan applicant
49secures multiple loans from the department of environmental protection, the date due for full
50repayment of any loan shall not be within 20 years of any other date due for full repayment of
51another loan.
52 The department shall give preference to loan applicants with more nitrogen sensitive
53areas within the borders of the municipality, in the case of limited available funds. 4 of 4
54 The department shall promulgate regulations for the administration of this section.