Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2330 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. 2771 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2330
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Aaron L. Saunders
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 relative to equitable representation.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Aaron L. Saunders7th Hampden1/16/2025Mike Connolly26th Middlesex3/12/2025 1 of 8
16	16	HOUSE DOCKET, NO. 2771 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2330
18	18	By Representative Saunders of Belchertown, a petition (accompanied by bill, House, No. 2330)
19	19	of Aaron L. Saunders relative to the board of directors of the Springfield Water and Sewer
20	20	Commission. Municipalities and Regional Government.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to equitable representation.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Section 1. Chapter 238 of Session Laws, as so appearing in the Acts of 2024, shall be
30	30	2amended by inserting the following new section :-
31	31	3 “SECTION XX:
32	32	4 Section 1. (a) Notwithstanding any general or special law to the contrary, including the
33	33	5provisions of chapter 40N of the general laws, the powers of Springfield Water and Sewer
34	34	6Commission, an independent public instrumentality of the Commonwealth of Massachusetts,
35	35	7shall be exercised by or under the supervision of a board of directors consisting of seven
36	36	8members. Four members of the board of directors shall be appointed by the mayor of the city of
37	37	9Springfield and shall serve conterminous with the mayor; provided however, that one of the
38	38	10previous named four members shall be a minority person as defined by section six of chapter
39	39	11seven C of the general laws, and three members of the board of directors shall be appointed by
40	40	12the advisory board as provided in section two. No more than four members of the board of 2 of 8
41	41	13directors may reside in the same municipality. Members appointed by the advisory board shall
42	42	14serve for terms of six years, provided, however, that, of the members first appointed by the
43	43	15advisory board, one shall serve for a term expiring on June thirtieth, two thousand and twenty-
44	44	16six, one shall serve for a term expiring on June thirtieth, two thousand and twenty-eight, and one
45	45	17shall serve for a term expiring on June thirtieth, two thousand and thirty, with the term of each to
46	46	18be designated by the advisory board at the time of appointment. Persons appointed to terms
47	47	19succeeding the terms of members initially appointed by the advisory board, shall be appointed to
48	48	20terms of six years.
49	49	21 (b) Each member of the board of directors shall serve until his successor is appointed and
50	50	22qualified and each appointed member of the board of directors shall be eligible for
51	51	23reappointment. Each member of the board of directors appointed to fill a vacancy on the board
52	52	24shall be appointed for the unexpired term of the vacant position. Each member of the board of
53	53	25directors before entering upon his duties shall take an oath before the governor to administer the
54	54	26duties of office faithfully and impartially and a record of such oaths shall be filed in the office of
55	55	27the secretary of the commonwealth. Any member of the board of directors may be removed by
56	56	28the appointing commission for misfeasance, malfeasance or willful neglect of duty upon a
57	57	29majority vote of the board of directors. The board of directors annually shall elect one of its
58	58	30members as chairman. Four members of the board of directors shall constitute a quorum and the
59	59	31affirmative vote of four members shall be necessary and shall suffice for any action taken by the
60	60	32board of directors. Any action of the board may take effect immediately and need not be
61	61	33published or posted unless otherwise provided by law. No vacancy in the membership of the
62	62	34board of directors shall impair the right of a quorum to exercise the powers of the board of
63	63	35directors. The members of the board of directors shall serve without compensation but each 3 of 8
64	64	36member shall be reimbursed for all reasonable expenses incurred in the performance of his
65	65	37duties. The board of directors shall be deemed to be a governmental body for purposes of and
66	66	38shall be subject to section eleven A and one-half of chapter thirty A of the General Laws. The
67	67	39Commission shall be deemed to be an agency for all other purposes under said chapter thirty A.
68	68	40The Commission shall also be subject as a commission of the commonwealth to section forty-
69	69	41two of chapter thirty and section ten of chapter sixty-six of the General Laws. The Commission
70	70	42shall be deemed to -be a public body and all monies of the Commission shall be deemed to be
71	71	43public funds for purposes of chapter twelve A of the General Laws.
72	72	44 (c) Notwithstanding any other provision of general or special law to the contrary, any
73	73	45member of the board of directors who is also an officer or employee of the commonwealth or of
74	74	46a city or town or other public body shall not thereby be precluded from voting for or acting on
75	75	47behalf of the Commission, the commonwealth or such city or town or other public body on any
76	76	48matter involving the Commission, the commonwealth or that city or town or other public body
77	77	49and any member, officer, employee or agent of the Commission shall not be precluded from
78	78	50acting for the Commission on any particular matter solely because of any interest therein which
79	79	51is shared generally with a substantial segment of the public. The Commission shall be deemed to
80	80	52be a state agency for purposes of chapter two hundred and sixty-eight A of the General Laws and
81	81	53a governmental body for purposes of chapter two hundred and sixty-eight B of the General Laws.
82	82	54 Section 2. (a) There shall be an advisory board to the Commission consisting of (i) a
83	83	55voting representative of each of the following cities and towns: Ludlow, Springfield, Wilbraham,
84	84	56East Longmeadow, Longmeadow, Agawam, and West Springfield and (ii) two persons who
85	85	57represents the interests of persons and communities in the Little River watershed area to be
86	86	58designated by agreement among the chairman of the boards of selectmen in the towns of Russel, 4 of 8
87	87	59Granville, and Blanford. The member of the advisory board representing a city or town shall
88	88	60consist of the chief executive officer thereof; provided, however, that any chief executive officer,
89	89	61by writing filed with the Commission may appoint a permanent designee to serve in his stead as
90	90	62a member of said advisory board until the expiration of each term of office of the designating
91	91	63chief executive officer or the earlier vacancy of the office of the designating chief executive
92	92	64officer. For purposes of this section, the term "chief executive officer" shall mean the person
93	93	65designated as the chief executive officer under the provisions of a local charter of laws having
94	94	66the force of a charter, and otherwise the mayor in every city and the chairman of the board of
95	95	67selectmen or president of the town council, as the case may be, in every town.
96	96	68 (b) The total voting strength of the advisory board shall be one hundred votes, of which
97	97	69ninety votes shall be divided on a fractional basis in the manner hereafter provided among the
98	98	70cities and towns listed in clause (i) of the first sentence of paragraph (a) of this section and ten
99	99	71votes shall reside with the representative provided for in clause (ii) of said sentence. The
100	100	72fractional vote of the representative of each city or town shall be determined on an annual basis
101	101	73by the Commission on a weighted basis by dividing a reasonable estimate of the charges for the
102	102	74Commission's services to users in that city or town by a reasonable estimate of the charges for
103	103	75the Commission's services to all users in all such cities and towns. For each year the
104	104	76determination of votes shall be certified to the advisory board by the Commission, provided,
105	105	77however, that within five days of the effective date of this act the executive office of
106	106	78environmental affairs shall prepare an interim voting value based on the most recent available
107	107	79annual records of the costs of water and sewer services of the metropolitan district commission,
108	108	80which interim voting value shall be conclusive upon the advisory board until July first, nineteen
109	109	81hundred and eighty-six. Said advisory board may act at a regular periodic meeting called in 5 of 8
110	110	82accordance with its by-laws or at a special meeting called by the Commission or by
111	111	83representatives of four or more members of the advisory board. Except as specially provided in
112	112	84paragraph (e), a quorum of the advisory board shall consist of representatives who hold a total
113	113	85voting strength of sixty seven or more of the votes of the advisory board, and the advisory board
114	114	86may act, except as otherwise provided in paragraph (e), by the affirmative casting of a majority
115	115	87of the votes represented in the quorum. The advisory board shall be deemed to be a
116	116	88governmental body for purposes of, and shall be subject to, section eleven A and one-half of
117	117	89chapter thirty A of the General Laws and shall also be subject to section ten of chapter sixty-six
118	118	90of the General Laws.
119	119	91 (c) For the conduct of its business said advisory board shall adopt and may revise and
120	120	92amend by-laws. Said advisory board shall annually elect a chairperson, a vice chairperson and a
121	121	93secretary and such other officers as said advisory board may determine. Each officer shall serve
122	122	94until a successor is chosen and qualified. Each officer may be removed by vote of the advisory
123	123	95board with or without cause. In the event of a vacancy, said board shall fill the vacancy for the
124	124	96unexpired term. Each member of said advisory board shall serve without compensation but may
125	125	97be reimbursed, as an expense of said advisory board, for all reasonable expenses incurred in the
126	126	98performance of its duties as approved by the advisory board.
127	127	99 (d) The purposes of the advisory board shall be as follows:
128	128	100 (i) to appoint three members of the board of directors of the Commission, in the manner
129	129	101hereafter provided and in section one;
130	130	102 (ii) to consider matters committed to the approval of the advisory board; 6 of 8
131	131	103 (iii) to make recommendations to the Commission on annual current expense expenditure
132	132	104budgets submitted to the advisory board;
133	133	105 (iv) to make recommendations to the Commission on its charges;
134	134	106 (v) to hold hearings, which may be held jointly with the Commission at the discretion of
135	135	107the advisory board and said Commission, on matters relating to said Commission;
136	136	108 (vi) to review the annual report of the Commission and to prepare comments thereon to
137	137	109the Commission and the governor, and to make such examinations of the reports on the
138	138	110Commission's records and affairs as the advisory board deems appropriate; and
139	139	111 (vii) to make recommendations to the governor and the general court respecting the
140	140	112Commission and its programs. The advisory board shall have all powers necessary or convenient
141	141	113to carry out and effectuate the foregoing purposes.
142	142	114 (e) Three members of the board of directors of the Commission shall be appointed by the
143	143	115advisory board. Members of the board of directors so appointed may also be members of said
144	144	116advisory board. Said advisory board shall appoint successor members, which successor members
145	145	117shall replace those members of the board of directors appointed by the advisory board whose
146	146	118terms have expired or otherwise terminated. With respect to appointment of any member of the
147	147	119board of directors the advisory board shall act only if there is a special quorum consisting of a
148	148	120majority of those persons who are voting members of the advisory board and only by an
149	149	121affirmative vote of the majority of the members present, each voting member voting one
150	150	122unweighted vote, and in this instance the total voting strength of the advisory board shall equal
151	151	123the total number of persons entitled to vote. 7 of 8
152	152	124 No member of the board of directors of the Commission shall be appointed by the
153	153	125advisory board for more than two consecutive terms, provided that an appointment to fulfill a
154	154	126term of less than six years due to a vacancy or initial appointment as established in section one
155	155	127shall not be applicable to the two consecutive term limit.
156	156	128 (f) Within thirty days of receiving any proposed current expense budget of the
157	157	129Commission or within fifteen days of receiving any proposed amended expense budget of the
158	158	130Commission, the advisory board shall hold a public hearing on matters relating to such budget
159	159	131for the purpose of ascertaining, for subsequent report to the Commission if necessary, the views
160	160	132of the public thereon.
161	161	133 (g) The advisory board shall provide for the appointment of an ombudsman who, with
162	162	134assistance from such staff and consultants as the advisory board may authorize and appoint, shall
163	163	135act for and in the name of the advisory board in the following respects:
164	164	136 (i) preparation of analysis for the advisory board of the Commission's current expense
165	165	137budgets, capital expenditure budgets and capital programs and their effect on the charges of said
166	166	138Commission;
167	167	139 (ii) representation of the advisory board to said Commission in all matters relating to said
168	168	140Commission's programs, operations, finances and charges;
169	169	141 (iii) reporting regularly to the advisory board on the activities of the ombudsman and
170	170	142other staff of the advisory board, on the affairs of the Commission, and on the effect of the
171	171	143Commission's program and operations on the costs to consumers of water and sewer services;
172	172	144and 8 of 8
173	173	145 (iv) exercising such other duties and responsibilities consistent with the powers of the
174	174	146advisory board as the advisory board may assign from time to time. Reports of the ombudsman,
175	175	147after acceptance by the advisory board, shall be made available to the public.
176	176	148 (h) The advisory board may incur expenses, not to exceed one hundred thousand dollars
177	177	149annually for expenses authorized under paragraph (c). Such expenses shall be paid by the
178	178	150Commission in the fiscal year commencing July first, two thousand twenty-six from amounts
179	179	151appropriated to the Commission by the commonwealth, and thereafter shall be provided for in
180	180	152current expense budgets of the Commission. The maximum level of advisory board expenses
181	181	153may be increased from time to time upon the review and approval by the Commission of the
182	182	154justification for such increases submitted by the advisory board.
183	183	155 Section 3. No later than December thirty-first of two thousand and twenty-six the
184	184	156Commission shall update any by-law or other organizational document to conform to this act.