Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1022 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2634 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1022
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward R. Philips
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 relative to meeting the Commonwealth's water infrastructure future.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/16/2025 1 of 12
16	16	HOUSE DOCKET, NO. 2634 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1022
18	18	By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1022) of
19	19	Edward R. Philips relative to meeting the Commonwealth's water infrastructure future.
20	20	Environment and Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to meeting the Commonwealth's water infrastructure future.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. To provide for a capital outlay program to rehabilitate, produce and
30	30	2modernize state-aided water infrastructure throughout the Commonwealth, the sums set forth in
31	31	3sections 2, inclusive for the several purposes and subject to the conditions specified in this act,
32	32	4are hereby made available subject to the laws regulating the disbursement of public funds.
33	33	5 SECTION 2.
34	34	6 1231-1000.For the Commonwealth Sewer Rate Relief Fund established under Section
35	35	72Z of Chapter 29 of the General Laws.
36	36	8 …………………………………………………………………………………...$78,500,0
37	37	900
38	38	10 1599-0093.For the Massachusetts Clean Water Trust established in section 2 of
39	39	11chapter 29C of the general laws; provided that the trust shall prioritize allocation of the funds to 2 of 12
40	40	12contract assistance for debt service obligations on loans pursuant to section 6(f) of chapter 29 of
41	41	13the general laws; provided further that the contract assistance shall prioritize municipalities and
42	42	14other water utilities wherein the affordability of water infrastructure is a barrier to infrastructure
43	43	15improvement projects and for whom the receipt of 0% loans and other incentives, which the
44	44	16contract assistance could help obtain, would help to overcome those barriers. Funds not
45	45	17expended in a given year for debt service, shall be redirected to provide principal forgiveness to
46	46	18bring down the debt on prior approved projects or to open solicitation to projects that applied for
47	47	19funding but were not selected on the most recent Intended Use Plan.
48	48	20 …………………………………………………………………………………...$138,000,
49	49	21000
50	50	22 1599-3032.For costs associated with expanding the capacity of the Massachusetts
51	51	23Water Resources Authority to serve new cities and towns identified in expansion feasibility
52	52	24studies conducted by the authority provided, that the authority shall prioritize expansion
53	53	25opportunities with a focus on increasing housing capacity in the commonwealth and improving
54	54	26drinking water quality for cities and towns with water supplies contaminated by per- and
55	55	27polyfluoroalkyl substances; and provided further, that annually, not later than March 14, the
56	56	28authority shall submit a report to the secretary of the executive office for administration and
57	57	29finance, the secretary of the executive office of housing and livable communities, the house and
58	58	30senate committees on ways and means and the joint committee on housing that shall include: (i)
59	59	31the amount of funds allocated in the current fiscal year’s capital improvement program for the
60	60	32purposes contained in this item; (ii) a summary of the authority’s outreach efforts, including the
61	61	33cities and towns that are interested in joining the authority’s service area; (iii) the timeline and 3 of 12
62	62	34implementation process of proposed expansions; and (iv) barriers to proposed expansions
63	63	35……………………………………….. $2,000,000,000
64	64	36 7004-0083.For the HousingWorks infrastructure program established by section 27½
65	65	37of chapter 23B of the General Laws; provided, that not less than $100,000,000 shall be expended
66	66	38as grants to cities and towns for sewer, septic and water infrastructure upgrades that advance
67	67	39projects that support housing development, preservation or rehabilitation; provided further, that
68	68	40not less than $50,000,000 shall be expended as grants to cities and towns that (i) are compliant
69	69	41with the multi-family zoning requirement under section 3A of chapter 40A of the General Laws;
70	70	42and (ii) have demonstrated continued effort to advance housing production beyond the minimum
71	71	43multi-family zoning requirement in said section 3A of said chapter 40A, as determined by the
72	72	44secretary of housing and livable communities; provided further, that not less than $50,000,0000
73	73	45shall be expended as grants to cities and towns that have: (a) accepted sections 3 to 7, inclusive,
74	74	46of chapter 44B of the General Laws; and (b) expended an amount of not less than 10 per cent of
75	75	47revenues available to the city or town under said sections 3 to 7, inclusive, of said chapter 44B
76	76	48on community housing; and provided further, that the executive office of housing and livable
77	77	49communities shall prioritize the awarding of said grants to cities and towns with higher
78	78	50percentages of total revenues available to the city or town under said sections 3 to 7, inclusive, of
79	79	51said chapter 44B expended on community housing
80	80	52…………………………………………..$375,000,000
81	81	53 XXXX-XXXX. For the 1:1 matching program established by section 31A of
82	82	54chapter 21 of the general laws; provided the department of environmental protection shall
83	83	55prioritize the applications of communities are seeking admission to or additional water supply
84	84	56from a regional water authority because their local sources are impacted by water quality issues, 4 of 12
85	85	57their water supply is located in a stressed basin, or local economic development is significantly
86	86	58constrained by their existing water supply
87	87	59…………………………………………………………………………………...$10,000,000
88	88	60 XXXX-XXXX. For the Regional Water Entity Reimbursement Fund established by
89	89	61section 2NNNN of chapter 29 of the general laws; provided the Massachusetts Water Resource
90	90	62Authority shall prioritize the rehabilitation of collection systems.
91	91	63 …………………………………………………………………………………...$13,800,0
92	92	6400
93	93	65 XXXX-XXXX. For costs associated with the improvement of the Commonwealth’s
94	94	66water infrastructure on all levels pursuant to the 2012 Water Infrastructure Finance Committee
95	95	67report; provided that the funds be made available annually for the dedicated purpose of
96	96	68improving water infrastructure; provided further that the funds will be prioritized for the
97	97	69replacement and upgrade of existing water infrastructure and be issued in the form of grants by
98	98	70the Massachusetts Department of Environmental Protection.
99	99	71 …………………………………………………………………………………...$200,000,
100	100	72000
101	101	73 XXXX-XXXX. For research and data gathering on biosolids pursuant to item
102	102	742200-7022 of chapter 209 of the acts of 2018; provided that the funds be used, in their entirety,
103	103	75for funding the Biohub project’s research into biosolids, per- and polyfluoroalkyl substances
104	104	76(PFAS) binding to and transportation via biosolids, safe biosolid applications, and avoiding
105	105	77landfilling; provided further that the Biohub project continue to pursue answers to the research
106	106	78topics addressed in this item ……………………………………………...$200,000 5 of 12
107	107	79 XXXX-XXXX. For creation of a grant program to be administered by the
108	108	80Department of Environmental Protection to provide grants to Publicly Owned Treatment Works
109	109	81and municipal and district sewer collections systems for adaptation planning to protect
110	110	82wastewater infrastructure from storm and flood damage as required by NPDES permits issued by
111	111	83the Environmental Protection Agency and Massachusetts Department of Environmental
112	112	84Protection. ……………………………………………...……………...$10,000,000
113	113	85 SECTION 3. Notwithstanding any general or special law to the contrary, there is hereby
114	114	86established an Interbasin Transfer Review Commission, which shall analyze and make
115	115	87recommendations relative to Mass. Gen. Laws Ch. 21, §§8B-8D, and whether the act should be
116	116	88updated to support the development of housing through increased access to water resources.
117	117	89 The Interbasin Transfer Review Commission shall evaluate current processes, practices
118	118	90and standards for regulating interbasin transfers. In conducting this review, the Interbasin
119	119	91Transfer Review Commission shall: (1) assess whether Mass. Gen. Laws Ch. 21, §§8B-8D
120	120	92continues to effectively govern the transfer of water or wastewater outside of its river basin of
121	121	93origin; (2) determine whether amending the current law can be done so in a manner that supports
122	122	94increased housing production while maintaining environmental protections; (3) identify and
123	123	95recommend potential actions for easing any existing administrative burdens or permitting
124	124	96processes to facilitate the sharing of water resources for communities in need; (4) consider
125	125	97whether any changes to its governing law are necessary or recommended to better assist
126	126	98municipalities with the remediation of per- and polyfluoroalkyl substances (PFAS); and (5)
127	127	99consider and make recommendations concerning any other matter deemed relevant by the
128	128	100Interbasin Transfer Review Commission in its review of the current law. 6 of 12
129	129	101 Interbasin Transfer Review Commission shall consist of the following members: the
130	130	102Secretary of the Executive Office of Energy and Environmental Affairs or their designee; the
131	131	103Commissioner of the Division of Conservation and Recreation or their designee; Commissioner
132	132	104of the Department of Environmental Protection or their designee; the Secretary of the Executive
133	133	105Office of Housing and Livable Communities or their designee; and a representative from each of
134	134	106the following organizations: American Council of Engineering Companies of Massachusetts; the
135	135	107Massachusetts Municipal Association; the Massachusetts Water Resources Authority; the
136	136	108Massachusetts Water Resources Authority Advisory Board; the Massachusetts Water Resources
137	137	109Authority Water Supply Citizen’s Advisory Committee; the Massachusetts Rivers Alliance,
138	138	110Massachusetts Water Environment Association; Massachusetts Coalition for Water Resources
139	139	111Stewardship; Massachusetts Water Works Association; the National Association of Industrial
140	140	112and Office Parks Massachusetts; Massachusetts Water Resources Authority Wastewater
141	141	113Advisory Committee and two additional regional water or wastewater utilities.
142	142	114 The Interbasin Transfer Review Commission shall be chaired by the Secretary of the
143	143	115Executive Office of Environmental Affairs or her designee. The chairperson, or their designee,
144	144	116shall be responsible for organizing each meeting, notifying the members, formulating the agenda,
145	145	117providing a copy of the minutes following the meeting and such other duties as may be required.
146	146	118The Interbasin Transfer Review Commission shall only make recommendations or take actions
147	147	119by a majority vote of all members present and voting.
148	148	120 The Interbasin Transfer Review Commission shall issue a report with recommendations
149	149	121on or before December 31, 2025 and file the same with the respective House and Senate Clerks
150	150	122as well as the respective Chairs of the Joint Committee on Housing and the Joint Committee on
151	151	123the Environment and Natural Resources. 7 of 12
152	152	124 SECTION 4. Section 25 of chapter 21A of the General Laws, as appearing in section 14
153	153	125of chapter 259 of the acts of 2014, is hereby amended by striking out the entirety of the first
154	154	126paragraph and inserting in place thereof:-
155	155	127 (a) There shall be a water infrastructure advisory committee to discuss, monitor, and
156	156	128evaluate measures to address: (i) the progress of closing the gap in funding for water, wastewater
157	157	129and stormwater infrastructure; (ii) new sources of funding to be used for closing the gap in
158	158	130funding for water, wastewater and stormwater infrastructure; (iii) costs associated with
159	159	131remediation of per- and polyfluoroalkyl substances (PFAS) in drinking water; (iv) costs
160	160	132associated with removal of lead service lines; (v) costs associated with elimination of combined
161	161	133sewer overflows; (vi) costs associated with reduction of nutrients in effluent discharges,
162	162	134biosolids management, and stormwater management as required by EPA permits and
163	163	135Commonwealth stormwater standards. The advisory committee shall meet at a minimum
164	164	136quarterly or more frequently at the call of the secretary of energy and environmental affairs or
165	165	137their designee, or upon the written request of any two members.”
166	166	138 SECTION 5. Section 25 of said chapter 21A, as so appearing, is hereby further amended
167	167	139by inserting after the third paragraph:-
168	168	140 (d) The advisory committee shall reevaluate and report on the current funding gap, as
169	169	141well as emerging funding needs, for water, wastewater, and stormwater infrastructure at least
170	170	142once every five years.
171	171	143 SECTION 6. Chapter 21A of the General Laws, as appearing in the 2022 Official
172	172	144Edition, is hereby amended by inserting, after section 28, the following new sections:- 8 of 12
173	173	145 Section 29. (a) There shall be a water infrastructure efficiency task force to examine
174	174	146regulatory hurdles to communities implementing water infrastructure improvement projects and
175	175	147water resource management plans, as well as costs and feasibility for compliance with existing
176	176	148and future regulatory mandates under the Safe Drinking Water Act and the Clean Water Act.
177	177	149 (b) The task force shall consist of: 1 representative from the Executive Office of Energy
178	178	150and Environmental Affairs, 1 representative from the Executive Office of Economic
179	179	151Development, 1 representative from the Division of Local Services, and a representative from
180	180	152each of the following organizations: American Council of Engineering Companies of
181	181	153Massachusetts; the Massachusetts Municipal Association; the Massachusetts Water Resources
182	182	154Authority; the Massachusetts Water Resources Authority Advisory Board; the Massachusetts
183	183	155Water Environment Association; Massachusetts Coalition for Water Resources Stewardship; the
184	184	156Massachusetts Water Works Association; and two additional regional water or wastewater
185	185	157utilities.
186	186	158 (c) The task force shall analyze the process and associated requirements around issuing
187	187	159impact statements under section 5 and 5A of Chapter 30A of the General Laws, to ensure that
188	188	160they are comprehensively prepared and include an analysis, not only of the costs, but also the
189	189	161benefits weighed against the costs, associated with any rule, regulation, so-called guidance
190	190	162document, or policy which results in the imposition of additional cost to a city or town, Public
191	191	163Water System or Publicly Owned Treatment Works. At the conclusion of its analysis, the task
192	192	164force shall issue a report of its findings, along with any recommendations to ensure the proper
193	193	165cost/benefit analysis is performed, to the Clerk of the House and the Senate and the Joint
194	194	166Committee on State Administration and the Joint Committee on Municipalities and Regional
195	195	167Government. 9 of 12
196	196	168 SECTION 7. Chapter 74 of the General Laws, as appearing in the 2022 Official Edition,
197	197	169is hereby amended by inserting, after section 58, the following new section:-
198	198	170 Section 59. (a) The board of higher education shall establish and maintain, in
199	199	171cooperation with school districts and vocational school authorities, postsecondary technical
200	200	172schools, and the boards of trustees of community colleges, a grant program, subject to
201	201	173appropriate, to support training and education programs that address the workforce shortages
202	202	174necessary to address the Commonwealth’s water infrastructure need; provided that, applicable
203	203	175workforce personnel shall be defined as personnel related to the construction, engineering and
204	204	176operating of water infrastructure and its attendant systems. The grant program shall be
205	205	177established with the goals of training students, creating new jobs, retraining and upgrading
206	206	178existing jobs, and retraining existing workers to implement new technologies and to help meet
207	207	179the workforce needs for meeting the Commonwealth’s water infrastructure needs.
208	208	180 (b) The grant program shall be developed to address the following components:
209	209	181 (i) identify, support or establish collaborative regional partnerships including, but not
210	210	182limited to, employers, workforce development and education organizations, regional economic
211	211	183development organizations established pursuant to sections 3J and 3K of chapter 23A, and
212	212	184economic development officials where a demand for water infrastructure related workforce
213	213	185personnel exists;
214	214	186 (ii) address critical workforce shortages in the water infrastructure related workforce;
215	215	187 (iii) improve and increase employment opportunities for the water infrastructure
216	216	188related workforce for low-income individuals, women, minorities, and veterans; 10 of 12
217	217	189 (vi) boost industry-relevant instructor capacity for high school and postsecondary
218	218	190programs; and
219	219	191 (vii) direct support for succession planning, worker retention, and upskilling
220	220	192strategies for older and incumbent workers.
221	221	193 (c) Entities eligible to apply to participate in the grant program shall include but not be
222	222	194limited to (i) employers and employer associations; (ii) local workforce investment boards; (iii)
223	223	195institutions of higher education; (iv) public comprehensive high schools and vocational technical
224	224	196high schools; (v) private for-profit and nonprofit organizations providing education and
225	225	197workforce training; (vi) 1-stop career centers; (vii) local workforce development entities; (viii)
226	226	198union training programs; and (viii) any partnership or collaboration among such eligible
227	227	199applicants. Any funds allocated through the grant program shall complement and not replace
228	228	200existing local, state, private or federal funding for training and educational programs.
229	229	201 (d) A grant proposal submitted pursuant to this section shall include but not be limited
230	230	202to:
231	231	203 (i) a plan that defines specific goals for increasing the number of water infrastructure
232	232	204related workforce personnel;
233	233	205 (ii) the evidence-based program or programs the applicant shall use to meet the goals;
234	234	206 (iii) a budget necessary to implement the plan, including a detailed description of any
235	235	207funding or in-kind contributions that an applicant will be providing in support of the proposal;
236	236	208 (iv) any private funding or private sector participation that the applicant anticipates in
237	237	209support of the proposal; and 11 of 12
238	238	210 (v) the proposed number of individuals who would be enrolled, complete training and
239	239	211be placed into employment within the trucking or related industries.
240	240	212 (e) The department of higher education shall, in consultation with the executive office
241	241	213of housing and economic development, executive office of labor and workforce development,
242	242	214department of elementary and secondary education, and entities representing parties who are
243	243	215eligible to participate in the grant program, develop guidelines for an annual review of the
244	244	216progress being made by each grantee. A grantee shall participate in any evaluation or
245	245	217accountability process implemented by or authorized by department of higher education.
246	246	218 (f) The department of higher education shall file an annual report with the chairs of the
247	247	219house and senate committee on ways and means, the chairs of the joint committee on labor and
248	248	220workforce development, and the chairs of the joint committee on economic development and
249	249	221emerging technologies not later than January 1; provided, however, that the report shall include
250	250	222an overview of the activities of the programs, the number of participants in the programs, and the
251	251	223employment outcomes in the programs.
252	252	224 SECTION 8. Notwithstanding any general or special law to the contrary, the ranking
253	253	225process utilized by the Massachusetts Department of Environmental Protection to allocate
254	254	226financial assistance for water infrastructure projects under 31 CMR 44.00 shall be evaluated to
255	255	227ensure that essential repairs and upgrades are not being disadvantaged and are receiving the
256	256	228financial assistance they require. In its evaluation of the program, the Agency shall hold at least
257	257	229two stakeholder meetings with representatives from the American Council of Engineering
258	258	230Companies of Massachusetts; the Massachusetts Municipal Association; the Massachusetts
259	259	231Water Resources Authority; the Massachusetts Water Resources Authority Advisory Board; the 12 of 12
260	260	232Massachusetts Water Environment Association; the Massachusetts Coalition for Water
261	261	233Resources Stewardship; and the Massachusetts Water Works Association; to present its
262	262	234evaluation and receive feedback on any changes needed 31 CMR 44.00 and/or the State
263	263	235Revolving Fund Loan program project ranking and scoring criteria.
264	264	236 SECTION 9. Notwithstanding any general or special law to the contrary, unoccupied
265	265	237water, wastewater, and transportation-related structures (Pumping, Equipment, Sub-Stations, and
266	266	238Similar Facilities) shall be exempt from 248 CMR 10.10(15)(c)(19).