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