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2 | 2 | | HOUSE DOCKET, NO. 2606 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2324 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Edward R. Philips |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act providing for the establishment of sustainable water resource funds. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/16/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 2606 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2324 |
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18 | 18 | | By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 2324) of |
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19 | 19 | | Edward R. Philips relative to the establishment of sustainable water resource funds. |
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20 | 20 | | Municipalities and Regional Government. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 2099 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act providing for the establishment of sustainable water resource funds. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Chapter 40 of the General Laws, as appearing in the 2018 Official Edition, |
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32 | 32 | | 2is hereby amended by inserting after section 39M the following new section:- |
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33 | 33 | | 3 Section 39N. (a) Notwithstanding any general or special law to the contrary, a city, town, |
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34 | 34 | | 4water district, wastewater district, stormwater utility or statutory authority created to operate a |
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35 | 35 | | 5water distribution or wastewater collection system or stormwater system which accepts this |
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36 | 36 | | 6section may collect a reasonable fee to be used exclusively for measures to remedy and offset the |
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37 | 37 | | 7impacts on the natural environment of new and/or increased water withdrawals, sewering, |
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38 | 38 | | 8wastewater discharges, stormwater discharges or impairment of recharge of groundwater through |
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39 | 39 | | 9depletion of ground or surface waters, and to sustain the quantity, quality and ecological health, |
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40 | 40 | | 10of waters of the commonwealth. Such measures to remedy and offset these impacts include 2 of 3 |
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41 | 41 | | 11without limitation, local recharge of stormwater and wastewater; redundant water sources; |
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42 | 42 | | 12reductions in loss from drinking water systems, treatment of drinking water or interconnections |
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43 | 43 | | 13with other systems for the purposes of optimizing water supply sources for environmental |
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44 | 44 | | 14benefit; expansion of stormwater treatment and wastewater treatment systems; reuse of water; |
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45 | 45 | | 15removal of sewer infiltration and inflow; water conservation; retrofits of existing buildings and |
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46 | 46 | | 16parking lots with low impact development methods; removal of dams; improvements to aquatic |
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47 | 47 | | 17habitat; development of integrated water resources management plans, studies and planning to |
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48 | 48 | | 18mitigate environmental impacts; and, land acquisition for the protection of public water supply |
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49 | 49 | | 19sources, siting of decentralized wastewater facilities, stormwater recharge sites or for riparian |
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50 | 50 | | 20habitat. The fee, which may be based on retaining within the basin or saving at least one gallon, |
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51 | 51 | | 21but no more than ten gallons, for every gallon of increased water or sewer demand, or net |
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52 | 52 | | 22impairment of recharge shall be assessed in a fair and equitable manner and separate fees may be |
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53 | 53 | | 23established for different types of uses, such as residential and commercial uses. |
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54 | 54 | | 24 (b) When adopting this section, the city, town, district or statutory authority shall |
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55 | 55 | | 25designate the board, commission, or official responsible for assessing, collecting, and expending |
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56 | 56 | | 26such fee. Fees assessed pursuant to this section shall be deposited by the designated board, |
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57 | 57 | | 27commission, or official in separate accounts classified as "Sustainable Water Resource Funds" |
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58 | 58 | | 28for drinking water, wastewater or stormwater. The principal and interest thereon shall be |
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59 | 59 | | 29expended at the direction of the designated board, commission, or official without further |
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60 | 60 | | 30appropriation. These Funds shall not be used for any purpose not provided in this section. These |
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61 | 61 | | 31Funds may also receive monies from public and private sources as gifts, grants, and donations to |
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62 | 62 | | 32further water conservation, water return or water loss prevention; from the federal government as |
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63 | 63 | | 33reimbursements, grants-in-aid or other receipts on account of water infrastructure improvements; 3 of 3 |
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64 | 64 | | 34or fines, penalties or supplemental environmental projects. Any interest earned from whatever |
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65 | 65 | | 35source shall be credited to and become part of said Fund. |
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66 | 66 | | 36 (c) A city, town, district, or authority that has accepted this section may in the same |
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67 | 67 | | 37manner revoke its acceptance. Monies remaining in the fund shall be expended in a manner |
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68 | 68 | | 38consistent with this section. |
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