Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2324 Compare Versions

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22 HOUSE DOCKET, NO. 2606 FILED ON: 1/16/2025
33 HOUSE . . . . . . . . . . . . . . . No. 2324
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Edward R. Philips
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act providing for the establishment of sustainable water resource funds.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/16/2025 1 of 3
1616 HOUSE DOCKET, NO. 2606 FILED ON: 1/16/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 2324
1818 By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 2324) of
1919 Edward R. Philips relative to the establishment of sustainable water resource funds.
2020 Municipalities and Regional Government.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 2099 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act providing for the establishment of sustainable water resource funds.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 40 of the General Laws, as appearing in the 2018 Official Edition,
3232 2is hereby amended by inserting after section 39M the following new section:-
3333 3 Section 39N. (a) Notwithstanding any general or special law to the contrary, a city, town,
3434 4water district, wastewater district, stormwater utility or statutory authority created to operate a
3535 5water distribution or wastewater collection system or stormwater system which accepts this
3636 6section may collect a reasonable fee to be used exclusively for measures to remedy and offset the
3737 7impacts on the natural environment of new and/or increased water withdrawals, sewering,
3838 8wastewater discharges, stormwater discharges or impairment of recharge of groundwater through
3939 9depletion of ground or surface waters, and to sustain the quantity, quality and ecological health,
4040 10of waters of the commonwealth. Such measures to remedy and offset these impacts include 2 of 3
4141 11without limitation, local recharge of stormwater and wastewater; redundant water sources;
4242 12reductions in loss from drinking water systems, treatment of drinking water or interconnections
4343 13with other systems for the purposes of optimizing water supply sources for environmental
4444 14benefit; expansion of stormwater treatment and wastewater treatment systems; reuse of water;
4545 15removal of sewer infiltration and inflow; water conservation; retrofits of existing buildings and
4646 16parking lots with low impact development methods; removal of dams; improvements to aquatic
4747 17habitat; development of integrated water resources management plans, studies and planning to
4848 18mitigate environmental impacts; and, land acquisition for the protection of public water supply
4949 19sources, siting of decentralized wastewater facilities, stormwater recharge sites or for riparian
5050 20habitat. The fee, which may be based on retaining within the basin or saving at least one gallon,
5151 21but no more than ten gallons, for every gallon of increased water or sewer demand, or net
5252 22impairment of recharge shall be assessed in a fair and equitable manner and separate fees may be
5353 23established for different types of uses, such as residential and commercial uses.
5454 24 (b) When adopting this section, the city, town, district or statutory authority shall
5555 25designate the board, commission, or official responsible for assessing, collecting, and expending
5656 26such fee. Fees assessed pursuant to this section shall be deposited by the designated board,
5757 27commission, or official in separate accounts classified as "Sustainable Water Resource Funds"
5858 28for drinking water, wastewater or stormwater. The principal and interest thereon shall be
5959 29expended at the direction of the designated board, commission, or official without further
6060 30appropriation. These Funds shall not be used for any purpose not provided in this section. These
6161 31Funds may also receive monies from public and private sources as gifts, grants, and donations to
6262 32further water conservation, water return or water loss prevention; from the federal government as
6363 33reimbursements, grants-in-aid or other receipts on account of water infrastructure improvements; 3 of 3
6464 34or fines, penalties or supplemental environmental projects. Any interest earned from whatever
6565 35source shall be credited to and become part of said Fund.
6666 36 (c) A city, town, district, or authority that has accepted this section may in the same
6767 37manner revoke its acceptance. Monies remaining in the fund shall be expended in a manner
6868 38consistent with this section.