Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1475 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2348 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1475
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr, (BY REQUEST)
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 to provide clarifications to Massachusetts General Laws Chapter 83.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Joyce A. TomaselliGracemarie R. Tomaselli 1 of 4
16	16	SENATE DOCKET, NO. 2348 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1475
18	18	By Mr. Tarr (by request), a petition (accompanied by bill, Senate, No. 1475) of Joyce A.
19	19	Tomaselli, and Gracemarie R. Tomaselli, for legislation relative to the construction of sewer
20	20	systems and assessments by cities and towns. 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 to provide clarifications to Massachusetts General Laws Chapter 83.
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. Mass General Law Chapter 83 Section 15 as appearing in the 2022 edition
30	30	2is hereby amended by striking it in its entirety and replacing it with the following: -
31	31	3 Section 15. The city council of a city or a town may adopt a system of sewerage for a part
32	32	4or the whole of its territory, and may provide that assessments under section fourteen shall be
33	33	5made upon owners of land within such territory by a fixed uniform rate or a rate based upon a
34	34	6uniform unit method. A municipality may not vote to adopt sewer betterment charges under this
35	35	7section. A municipality cannot vote to adopt sewer betterment charges or sewer assessment
36	36	8charges, after the particular project which included the contracts within the project are
37	37	9constructed, and a municipality cannot combine projects with other projects. No betterment
38	38	10assessment or special assessment can be assessed for a particular public improvement project
39	39	11unless the vote is a formal vote at Town Meeting or City Council which includes the order to
40	40	12construct the sewer to impose assessments, project plan including contracts, project estimate, per 2 of 4
41	41	13parcel estimate, and this vote is recorded at the Registry of Deeds to create a lien. The Order of
42	42	14Assessment shall state that betterments are to be assessed for the system extension. The Order of
43	43	15Assessment shall specify the area that the sewer is to be located, identify the properties specially
44	44	16benefited by the extension, identify the owners of said properties as appearing in the Assessor’s
45	45	17record A fixed uniform rate shall be based upon the estimated average cost of all the sewers
46	46	18therein, according to the frontage of such land on any way in which a sewer is constructed, or
47	47	19according to the area of such land within a fixed depth from such way, or according to both such
48	48	20frontage and area; but no assessment in respect to any such land, which by reason of its grade or
49	49	21level or any other cause cannot be drained into such sewer, shall be made until such incapacity is
50	50	22removed. If the assessment is according to the area within such fixed depth, the lien therefor
51	51	23shall attach to the parcel assessed in accordance with Chapter 80 section 2 and Chapter 83
52	52	24section 27. A uniform unit method shall be based upon sewerage construction costs divided
53	53	25among the total number of existing and potential sewer units to be served, after having
54	54	26proportioned the cost of special and general benefit facilities. Each sewer unit shall be equal to a
55	55	27single family residence. Potential sewer units shall be calculated on the basis of zoning then in
56	56	28effect. Existing and potential multifamily, commercial, industrial and semipublic uses shall be
57	57	29converted into sewer units on the basis of residential equivalents. A city by ordinance or a town
58	58	30by by-law may separate the costs of general benefit facilities, including but not limited to
59	59	31pumping stations, trunk and force mains, from that of special benefit facilities, including but not
60	60	32limited to the sewer mains, serving adjacent properties. A portion of costs of the general benefit
61	61	33facilities may be apportioned by the uniform unit method on all areas to receive benefits within
62	62	34the pumping district or combination of districts. The cost of the general benefit facilities,
63	63	35attributable to undeveloped land not abutting a sewered street, may not be assessed until 3 of 4
64	64	36properties are serviced by public sewerage. The proportional cost of the special benefit and
65	65	37general benefit facilities may be assessed against all properties abutting a sewered street.
66	66	38 SECTION 2. Mass General Law Chapter 83 Section 16 as appearing in the 2022 edition
67	67	39is hereby amended by striking it in its entirety and replacing it with the following:-
68	68	40 Section 16. The aldermen of any city or the sewer commissioners, selectmen or road
69	69	41commissioners of a town, may from time to time establish just and equitable annual charges for
70	70	42the use of common sewers and main drains and related stormwater facilities, which shall be paid
71	71	43by every person who enters his particular sewer therein. The user fee xvi charge shall be based
72	72	44on each sewer user’s actual water use when water records are available. The money so received
73	73	45may be applied to the payment of the cost of maintenance and repairs of such sewers or of any
74	74	46debt contracted for sewer purposes. In establishing quarterly or annual charges for the use of
75	75	47main drains and related stormwater facilities, the city, town, or district may either charge a
76	76	48uniform fee for residential properties and a separate uniform fee for commercial properties or
77	77	49establish an annual charge based upon a uniform unit method; but, the charge shall be assessed in
78	78	50a fair and equitable manner. The annual charge shall be calculated to supplement other available
79	79	51funds as may be necessary to plan, construct, operate and maintain stormwater facilities and to
80	80	52conduct stormwater programs. The city, town or district may grant credits against the amount of
81	81	53the quarterly or annual charge to those property owners who maintain on-site functioning
82	82	54retention/detention basins or other filtration structures as approved by the stormwater utility,
83	83	55conservation commission, or other governmental entity with appropriate authority.
84	84	56 SECTION 3. Mass General Law Chapter 83 Section 27 as appearing in the 2022 edition
85	85	57is hereby amended by striking it in its entirety and replacing it with the following: - 4 of 4
86	86	58 Section 27. Whenever the aldermen of a city or the sewer commissioners, selectmen or
87	87	59road commissioners of a town lay out or determine to construct a sewer or drain in a public way,
88	88	60or in a way opened or dedicated to the public use which has not become a public way, or adopt
89	89	61an order for the establishment or reconstruction of a sidewalk for such a way, and assessments
90	90	62may be made or charges imposed under this chapter for the construction of such improvement or
91	91	63the use thereof, they shall forthwith cause to be recorded in the registry of deeds of the county or
92	92	64district in which such city or town is situated a statement of their action, which shall specify the
93	93	65ways in which such sewer, drain or sidewalk is located. All assessments made or charges
94	94	66imposed under this chapter upon land which abuts upon any such way in which such sewer, drain
95	95	67or sidewalk is located shall constitute a lien upon such land from the time such statement is
96	96	68recorded and all charges authorized by section sixteen shall from the time of assessment
97	97	69construction order constitute a lien upon the land connected with the common sewer. Liens under
98	98	70this section shall continue for the same period and under the same conditions as a lien established
99	99	71under chapter eighty.
100	100	72 SECTION 4. Mass General Law Chapter 83 Section 28 as appearing in the 2022 edition
101	101	73is hereby amended by striking it in its entirety and replacing it with the following: -
102	102	74 Section 28 Application of betterment law FOR CONSTRUCTION OF SEWER
103	103	75PROJECTS.
104	104	76 The provisions of chapter eighty relative to imposing assessment of costs of public
105	105	77improvement, order of construction, plan and estimate; recordation of liens, apportionment,
106	106	78division, reassessment, abatement and collection of assessments, and to interest, lien status of
107	107	79assessments, and duration of lien, shall apply to assessments made under this chapter.