Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H992 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. 1539 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 992
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jay D. Livingstone
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 municipal assistance for clean water and economic development
13	13	infrastructure.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Jay D. Livingstone8th Suffolk1/15/2025 1 of 5
17	17	HOUSE DOCKET, NO. 1539 FILED ON: 1/15/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 992
19	19	By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 992) of
20	20	Jay D. Livingstone for legislation to provide bonding for municipal water infrastructure
21	21	maintenance, repair, and expansion. Environment and Natural Resources.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to municipal assistance for clean water and economic development
28	28	infrastructure.
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. To provide for a capital outlay program of maintenance and improvements
32	32	2to municipal drinking, the replacement of lead service line pipes, and waste and storm water
33	33	3infrastructure assets of the commonwealth. The sum set forth in section 2 for the several
34	34	4purposes and subject to the conditions specified in this act, is hereby made available, subject to
35	35	5the laws regulating the disbursement of public funds, which sum is in addition to any other
36	36	6amounts previously appropriated for these purposes.
37	37	7 SECTION 2.
38	38	8 Massachusetts Clean Water Trust
39	39	9 For the Massachusetts Clean Water Trust established in section 2 of chapter 29C of the
40	40	10General Laws for deposit in a Water Infrastructure Improvement Fund established by this
41	41	11Section for the purposes of maintenance and improvements to municipal drinking, the 2 of 5
42	42	12replacement of lead service line pipes, and improvements to waste and storm water infrastructure
43	43	13assets; provided, that a local government unit shall comply with the procedures established by
44	44	14the Massachusetts Clean Water Trust; provided further, that any such local government unit may
45	45	15appropriate for such projects amounts not in excess of the amount provided to the local
46	46	16government unit under this item, preliminary notice of which shall be provided by the
47	47	17Massachusetts Clean Water Trust to the local government unit not later than April 1 of each year;
48	48	18provided further, that the Massachusetts Clean Water Trust shall reimburse any such local
49	49	19government unit under this item within 30 days after receipt by the Massachusetts
50	50	20 Clean Water Trust of a request for reimbursement from the local government unit, which
51	51	21request shall include certification by the local government unit that actual expenses have been
52	52	22incurred on projects eligible for reimbursement under this item, and that the work has been
53	53	23completed to the satisfaction of the local government unit according to the specifications of the
54	54	24project and in compliance with applicable laws and procedures established by the Massachusetts
55	55	25Clean Water Trust..... .............$1,000,000,000
56	56	26 SECTION 3. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition,
57	57	27is hereby amended by inserting, after section 2VVVV, the following section:
58	58	28 Section 2WWWW. There shall be established and set up on the books of the
59	59	29commonwealth a separate fund, to be known as the Water Infrastructure Improvement Fund,
60	60	30consisting of amounts credited to the fund by appropriation of the General Court or in
61	61	31accordance with any other general or special law. The fund shall be administered in accordance
62	62	32 with the provisions of said chapter 29C by the board of trustees of the Massachusetts
63	63	33Clean Water Trust and shall be held in trust exclusively for the purposes and the beneficiaries 3 of 5
64	64	34described therein. The state treasurer shall be treasurer and custodian of the fund and shall have
65	65	35the custody of its monies and securities. Said amounts shall be used solely for the administration
66	66	36of the provisions of section 19 of said chapter 29C.
67	67	37 SECTION 4. Chapter 29C of the General Laws, as so appearing, is hereby amended by
68	68	38 adding the following section:
69	69	39 Section 19. (a) For purposes of this section the following terms shall, unless the context
70	70	40clearly requires otherwise, have the following meanings:-
71	71	41 “Base allocation”, the sum of: (i) the total number of road miles in the commonwealth
72	72	42multiplied by 58.33; (ii) the population of the commonwealth multiplied by 20.83 per cent; and
73	73	43(iii) the total number of persons employed in the commonwealth multiplied by 20.83%, such sum
74	74	44being divided by the total number of municipalities in the commonwealth.
75	75	45 “Employment factor”, the number of persons employed within the borders of the
76	76	46 municipality.
77	77	47 “Lead service line”, shall have the same meaning as 40 CFR. Part 141.2, as amended.
78	78	48 “Population factor”, the population of a municipality.
79	79	49 “Road miles factor”, the number of road miles contained within a municipality.
80	80	50 (b) In addition to the powers and duties of the board otherwise provided, the trust is
81	81	51hereby designated to establish and administer the Water Infrastructure Improvement Fund,
82	82	52established by this Section. The monies in the fund, which shall be under the control of the board
83	83	53and not subject to appropriation, shall be used as provided in subsection(c). 4 of 5
84	84	54 (c) The board shall apply monies in the Water Infrastructure Improvement Fund for the
85	85	55purpose of providing grants to local governmental units to provide for a capital outlay program
86	86	56of maintenance and improvements to municipal drinking, the replacement of lead service line
87	87	57pipes, and waste and storm water infrastructure assets. The amount of percentage of funds
88	88	58available to a municipality fund assets to be allocated as a grant funding for municipalities shall
89	89	59be determined using the following formula: by finding the sum of: (i) the road miles factor
90	90	60multiplied by 58.33 percent; (ii) the population factor multiplied by 20.83 per cent; and (iii) the
91	91	61employment factor multiplied by 20.83 per cent and dividing such sum by the base allocation.
92	92	62 (d) In order to receive a grant pursuant to this section, a local governmental unit shall:
93	93	63 (1) develop and maintain an asset management plan, which has been approved by the
94	94	64department;
95	95	65 (2) implement a full cost pricing program, as prescribed and approved by the department;
96	96	66 (3) submit an application for the grant, on such form and at some time as the board shall
97	97	67prescribe.
98	98	68 SECTION 5. To meet the expenditures necessary in carrying out section 2, the state
99	99	69treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an
100	100	70amount to be specified by the governor from time to time but not exceeding, in the aggregate,
101	101	71$1,000,000,000. All such bonds issued by the commonwealth shall be designated on their face,
102	102	72Maintenance and Improvement of Municipal Water Infrastructure Act of 2018, and shall be
103	103	73issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to
104	104	74the general court under section 3 of Article LXII of the Amendments to the Constitution;
105	105	75provided, however, that all such bonds shall be payable not later than June 30, 2053. All interest 5 of 5
106	106	76 and payments on account of principal on these obligations shall be payable from the
107	107	77General Fund. Notwithstanding any other provision of this act, bonds and interest thereon issued
108	108	78under this section shall be general obligations of the commonwealth.