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