Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1039 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 511 FILED ON: 1/9/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1039
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jeffrey N. Roy
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 to assist municipal and district ratepayers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey N. Roy10th Norfolk1/9/2025 1 of 4
16	16	HOUSE DOCKET, NO. 511 FILED ON: 1/9/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1039
18	18	By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1039) of Jeffrey
19	19	N. Roy relative to the imposition of additional costs to cities or towns by the Executive Office of
20	20	Energy and Environmental Affairs. Environment and Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 892 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act to assist municipal and district ratepayers.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Whereas, water, wastewater and stormwater systems are in need of major
32	32	2improvements in order to continue to protect public health, safety and the environment; and
33	33	3 Whereas, the costs for these improvements are significant and increasing each year; and
34	34	4 Whereas, local ratepayers and taxpayers bear the majority of costs associated with
35	35	5making these improvements as the Federal and State governments have reduced their level of
36	36	6funding assistance to cities, towns and districts; and
37	37	7 Whereas, many of the costs associated with water, wastewater, and stormwater
38	38	8improvements are due to regulatory demands by Federal and State agencies; and 2 of 4
39	39	9 Whereas, these regulatory demands on cities, towns and districts currently do not
40	40	10consider compliance costs or assess the value of the benefits derived; and
41	41	11 Whereas, it is in the public interest to spend ratepayer and taxpayer funds wisely, and to
42	42	12ensure the maximum benefits are derived for each dollar expended.
43	43	13 Be it enacted by the Senate and House of Representatives in General Court assembled,
44	44	14and by the authority of the same, as follows:
45	45	15 Notwithstanding the provisions of section 27C of chapter 29 of the General Laws, or any
46	46	16other general or special law to the contrary, any proposal initiated by the Executive Office of
47	47	17Energy and Environmental Affairs and its subordinate agencies, commissions, or boards
48	48	18(collectively EOEEA) in the form of a rule, regulation or so-called guidance document or policy
49	49	19resulting in the imposition of additional cost to a city or town shall be termed a “local mandate”.
50	50	20Local mandates shall include but not be limited to any EOEEA initiated rule, regulation or so-
51	51	21called guidance document or policy that: (1.) requires any city or town to undertake any service
52	52	22or direct or indirect cost obligation, or to establish, expand or modify any existing activity in
53	53	23such a way that results in the expenditure of funds or resources, or results in the diversion of
54	54	24funds or resources from any existing activity. For the purposes of this section, the term “existing
55	55	25activity” shall include any program or service lawfully undertaken by any city or town under the
56	56	26authority of any law, special law, administrative rule or regulation or city or town charter, or; (2.)
57	57	27relieves the state or a county from providing a service or program so that any city or town instead
58	58	28incurs the direct or indirect cost of such service or program.
59	59	29 SECTION 2. No proposal initiated by the EOEEA in the form of a rule or regulation, or
60	60	30so-called guidance document or policy, which pertains to water, wastewater, and/or stormwater, 3 of 4
61	61	31shall become effective until a regulatory impact statement has been completed, made public
62	62	32during the hearing process described in chapter 30A of the General Laws and filed with the
63	63	33secretary of state. The regulatory impact statement shall: (a) identify the problem, issue or
64	64	34deficiency addressed by the proposal; (b) identify the methodology or approach, including
65	65	35identification of expert information and analysis used to address the problem, issue or deficiency;
66	66	36(c) identify stakeholders who will be affected and to what extent by the proposal; (d) identify
67	67	37when such proposal will become effective, when such proposal will be changed, if known, and
68	68	38how and when the proposal will be reviewed in the future, if at all; (e) identify and describe the
69	69	39immediate and long term financial impacts of the proposal on all stakeholders, including the
70	70	40entity issuing the proposal, any affected private party or entity, the state, the cities and towns,
71	71	41and the general public. Such financial impact statement shall consider administrative costs,
72	72	42permitting costs, enforcement costs, capital costs, internal compliance costs, and indirect costs, if
73	73	43any; (f) identify the fiscal effect on the public and private sectors for the first and second year of
74	74	44the proposal's existence, and provide a projection of fiscal impact over the first five years of the
75	75	45proposal's existence or, in the case of proposals affecting permits issued by the EOEEA, the term
76	76	46of the permit; and (g) identify and describe, specifically, the benefits of the proposal including,
77	77	47where possible, the financial value of these benefits. The secretary of administration and finance
78	78	48shall adopt regulations to further define and implement the use of regulatory impact statements
79	79	49by the EOEEA.
80	80	50 SECTION 3. The EOEEA shall maintain a list of stakeholders who have requested
81	81	51preliminary notification of proposals made by said executive office and subordinate agencies;
82	82	52such request may be renewed annually by persons or groups in December. No later than thirty
83	83	53days prior to the notice of hearing described above, the EOEEA shall send a preliminary 4 of 4
84	84	54notification of the proposal to each stakeholder on the list and to the Joint Legislative Committee
85	85	55on Natural Resources, the Joint Legislative Committee on Local Affairs, the House and Senate
86	86	56Committees on Ways & Means, the Office of the State Auditor and the Massachusetts Municipal
87	87	57Association. The preliminary notification of the proposal shall (a) identify the proposal to be
88	88	58noticed for hearing and the scope of the proposal, (b) provide the statutory authority for such
89	89	59proposal, and (c) identify the person within the EOEEA responsible for the proposal and who can
90	90	60be contacted for more information.
91	91	61 SECTION 4. No proposal initiated by the EOEEA in the form of a rule, regulation, or so
92	92	62called guidance document or policy, which pertains to water, wastewater, and/or stormwater,
93	93	63shall become effective until the EOEEA has complied with the provisions of Massachusetts
94	94	64Administrative Procedures Act established under the provisions of Chapter 30A of the General
95	95	65Laws. Any entity claiming to be aggrieved by lack of compliance with said chapter shall be
96	96	66permitted to file a petition for relief with the superior court.