Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S563 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1195 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 563
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John J. Cronin
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 meeting the Commonwealth's water infrastructure future.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :John J. CroninWorcester and Middlesex 1 of 11
16	16	SENATE DOCKET, NO. 1195 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 563
18	18	By Mr. Cronin, a petition (accompanied by bill, Senate, No. 563) of John J. Cronin for
19	19	legislation relative to meet the Commonwealth's water infrastructure future. Environment and
20	20	Natural Resources.
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 meeting the Commonwealth's water infrastructure future.
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. To provide for a capital outlay program to rehabilitate, produce and
30	30	2modernize state-aided water infrastructure throughout the Commonwealth, the sums set forth in
31	31	3sections 2, inclusive for the several purposes and subject to the conditions specified in this act,
32	32	4are hereby made available subject to the laws regulating the disbursement of public funds.
33	33	5 SECTION 2.
34	34	6 1231-1000.For the Commonwealth Sewer Rate Relief Fund established under Section
35	35	72Z of Chapter 29 of the General Laws…………………….........…...$78,500,000
36	36	8 1599-0093.For the Massachusetts Clean Water Trust established in section 2 of
37	37	9chapter 29C of the general laws; provided that the trust shall prioritize allocation of the funds to
38	38	10contract assistance for debt service obligations on loans pursuant to section 6(f) of chapter 29 of
39	39	11the general laws; provided further that the contract assistance shall prioritize municipalities and
40	40	12other water utilities wherein the affordability of water infrastructure is a barrier to infrastructure 2 of 11
41	41	13improvement projects and for whom the receipt of 0% loans and other incentives, which the
42	42	14contract assistance could help obtain, would help to overcome those barriers. Funds not
43	43	15expended in a given year for debt service, shall be redirected to provide principal forgiveness to
44	44	16bring down the debt on prior approved projects or to open solicitation to projects that applied for
45	45	17funding but were not selected on the most recent Intended Use
46	46	18Plan.………………………………………………………………………...$138,000,000
47	47	19 1599-3032.For costs associated with expanding the capacity of the Massachusetts
48	48	20Water Resources Authority to serve new cities and towns identified in expansion feasibility
49	49	21studies conducted by the authority provided, that the authority shall prioritize expansion
50	50	22opportunities with a focus on increasing housing capacity in the commonwealth and improving
51	51	23drinking water quality for cities and towns with water supplies contaminated by per- and
52	52	24polyfluoroalkyl substances; and provided further, that annually, not later than March 14, the
53	53	25authority shall submit a report to the secretary of the executive office for administration and
54	54	26finance, the secretary of the executive office of housing and livable communities, the house and
55	55	27senate committees on ways and means and the joint committee on housing that shall include: (i)
56	56	28the amount of funds allocated in the current fiscal year’s capital improvement program for the
57	57	29purposes contained in this item; (ii) a summary of the authority’s outreach efforts, including the
58	58	30cities and towns that are interested in joining the authority’s service area; (iii) the timeline and
59	59	31implementation process of proposed expansions; and (iv) barriers to proposed
60	60	32expansions……………………………………….. $2,000,000,000
61	61	33 7004-0083.For the HousingWorks infrastructure program established by section 27½
62	62	34of chapter 23B of the General Laws; provided, that not less than $100,000,000 shall be expended
63	63	35as grants to cities and towns for sewer, septic and water infrastructure upgrades that advance 3 of 11
64	64	36projects that support housing development, preservation or rehabilitation; provided further, that
65	65	37not less than $50,000,000 shall be expended as grants to cities and towns that (i) are compliant
66	66	38with the multi-family zoning requirement under section 3A of chapter 40A of the General Laws;
67	67	39and (ii) have demonstrated continued effort to advance housing production beyond the minimum
68	68	40multi-family zoning requirement in said section 3A of said chapter 40A, as determined by the
69	69	41secretary of housing and livable communities; provided further, that not less than $50,000,0000
70	70	42shall be expended as grants to cities and towns that have: (a) accepted sections 3 to 7, inclusive,
71	71	43of chapter 44B of the General Laws; and (b) expended an amount of not less than 10 per cent of
72	72	44revenues available to the city or town under said sections 3 to 7, inclusive, of said chapter 44B
73	73	45on community housing; and provided further, that the executive office of housing and livable
74	74	46communities shall prioritize the awarding of said grants to cities and towns with higher
75	75	47percentages of total revenues available to the city or town under said sections 3 to 7, inclusive, of
76	76	48said chapter 44B expended on community housing………………..$375,000,000
77	77	49 XXXX-XXXX. For the 1:1 matching program established by section 31A of
78	78	50chapter 21 of the general laws; provided the department of environmental protection shall
79	79	51prioritize the applications of communities are seeking admission to or additional water supply
80	80	52from a regional water authority because their local sources are impacted by water quality issues,
81	81	53their water supply is located in a stressed basin, or local economic development is significantly
82	82	54constrained by their existing water supply………………………………….$10,000,000
83	83	55 XXXX-XXXX. For the Regional Water Entity Reimbursement Fund established by
84	84	56section 2NNNN of chapter 29 of the general laws; provided the Massachusetts Water Resource
85	85	57Authority shall prioritize the rehabilitation of collection systems……………….….$13,800,000 4 of 11
86	86	58 XXXX-XXXX. For costs associated with the improvement of the Commonwealth’s
87	87	59water infrastructure on all levels pursuant to the 2012 Water Infrastructure Finance Committee
88	88	60report; provided that the funds be made available annually for the dedicated purpose of
89	89	61improving water infrastructure; provided further that the funds will be prioritized for the
90	90	62replacement and upgrade of existing water infrastructure and be issued in the form of grants by
91	91	63the Massachusetts Department of Environmental Protection………….$200,000,000
92	92	64 XXXX-XXXX. For research and data gathering on biosolids pursuant to item
93	93	652200-7022 of chapter 209 of the acts of 2018; provided that the funds be used, in their entirety,
94	94	66for funding the Biohub project’s research into biosolids, per- and polyfluoroalkyl substances
95	95	67(PFAS) binding to and transportation via biosolids, safe biosolid applications, and avoiding
96	96	68landfilling; provided further that the Biohub project continue to pursue answers to the research
97	97	69topics addressed in this item ……………………………………………...$200,000
98	98	70 XXXX-XXXX. For creation of a grant program to be administered by the
99	99	71Department of Environmental Protection to provide grants to Publicly Owned Treatment Works
100	100	72and municipal and district sewer collections systems for adaptation planning to protect
101	101	73wastewater infrastructure from storm and flood damage as required by NPDES permits issued by
102	102	74the Environmental Protection Agency and Massachusetts Department of Environmental
103	103	75Protection. ……………………………………………...……………...$10,000,000
104	104	76 SECTION 3. Notwithstanding any general or special law to the contrary, there is hereby
105	105	77established an Interbasin Transfer Review Commission, which shall analyze and make
106	106	78recommendations relative to Mass. Gen. Laws Ch. 21, §§8B-8D, and whether the act should be
107	107	79updated to support the development of housing through increased access to water resources. 5 of 11
108	108	80 The Interbasin Transfer Review Commission shall evaluate current processes, practices
109	109	81and standards for regulating interbasin transfers. In conducting this review, the Interbasin
110	110	82Transfer Review Commission shall: (1) assess whether Mass. Gen. Laws Ch. 21, §§8B-8D
111	111	83continues to effectively govern the transfer of water or wastewater outside of its river basin of
112	112	84origin; (2) determine whether amending the current law can be done so in a manner that supports
113	113	85increased housing production while maintaining environmental protections; (3) identify and
114	114	86recommend potential actions for easing any existing administrative burdens or permitting
115	115	87processes to facilitate the sharing of water resources for communities in need; (4) consider
116	116	88whether any changes to its governing law are necessary or recommended to better assist
117	117	89municipalities with the remediation of per- and polyfluoroalkyl substances (PFAS); and (5)
118	118	90consider and make recommendations concerning any other matter deemed relevant by the
119	119	91Interbasin Transfer Review Commission in its review of the current law.
120	120	92 Interbasin Transfer Review Commission shall consist of the following members: the
121	121	93Secretary of the Executive Office of Energy and Environmental Affairs or their designee; the
122	122	94Commissioner of the Division of Conservation and Recreation or their designee; Commissioner
123	123	95of the Department of Environmental Protection or their designee; the Secretary of the Executive
124	124	96Office of Housing and Livable Communities or their designee; and a representative from each of
125	125	97the following organizations: American Council of Engineering Companies of Massachusetts; the
126	126	98Massachusetts Municipal Association; the Massachusetts Water Resources Authority; the
127	127	99Massachusetts Water Resources Authority Advisory Board; the Massachusetts Water Resources
128	128	100Authority Water Supply Citizen’s Advisory Committee; the Massachusetts Rivers Alliance,
129	129	101Massachusetts Water Environment Association; Massachusetts Coalition for Water Resources
130	130	102Stewardship; Massachusetts Water Works Association; the National Association of Industrial 6 of 11
131	131	103and Office Parks Massachusetts; Massachusetts Water Resources Authority Wastewater
132	132	104Advisory Committee and two additional regional water or wastewater utilities.
133	133	105 The Interbasin Transfer Review Commission shall be chaired by the Secretary of the
134	134	106Executive Office of Environmental Affairs or her designee. The chairperson, or their designee,
135	135	107shall be responsible for organizing each meeting, notifying the members, formulating the agenda,
136	136	108providing a copy of the minutes following the meeting and such other duties as may be required.
137	137	109The Interbasin Transfer Review Commission shall only make recommendations or take actions
138	138	110by a majority vote of all members present and voting.
139	139	111 The Interbasin Transfer Review Commission shall issue a report with recommendations
140	140	112on or before December 31, 2025 and file the same with the respective House and Senate Clerks
141	141	113as well as the respective Chairs of the Joint Committee on Housing and the Joint Committee on
142	142	114the Environment and Natural Resources.
143	143	115 SECTION 4. Section 25 of chapter 21A of the General Laws, as appearing in section 14
144	144	116of chapter 259 of the acts of 2014, is hereby amended by striking out the entirety of the first
145	145	117paragraph and inserting in place thereof:-
146	146	118 (a) There shall be a water infrastructure advisory committee to discuss, monitor, and
147	147	119evaluate measures to address: (i) the progress of closing the gap in funding for water, wastewater
148	148	120and stormwater infrastructure; (ii) new sources of funding to be used for closing the gap in
149	149	121funding for water, wastewater and stormwater infrastructure; (iii) costs associated with
150	150	122remediation of per- and polyfluoroalkyl substances (PFAS) in drinking water; (iv) costs
151	151	123associated with removal of lead service lines; (v) costs associated with elimination of combined
152	152	124sewer overflows; (vi) costs associated with reduction of nutrients in effluent discharges, 7 of 11
153	153	125biosolids management, and stormwater management as required by EPA permits and
154	154	126Commonwealth stormwater standards. The advisory committee shall meet at a minimum
155	155	127quarterly or more frequently at the call of the secretary of energy and environmental affairs or
156	156	128their designee, or upon the written request of any two members.”
157	157	129 SECTION 5. Section 25 of said chapter 21A, as so appearing, is hereby further amended
158	158	130by inserting after the third paragraph:-
159	159	131 (d) The advisory committee shall reevaluate and report on the current funding gap, as
160	160	132well as emerging funding needs, for water, wastewater, and stormwater infrastructure at least
161	161	133once every five years.
162	162	134 SECTION 6. Chapter 21A of the General Laws, as appearing in the 2022 Official
163	163	135Edition, is hereby amended by inserting, after section 28, the following new sections:-
164	164	136 Section 29. (a) There shall be a water infrastructure efficiency task force to examine
165	165	137regulatory hurdles to communities implementing water infrastructure improvement projects and
166	166	138water resource management plans, as well as costs and feasibility for compliance with existing
167	167	139and future regulatory mandates under the Safe Drinking Water Act and the Clean Water Act.
168	168	140 (b) The task force shall consist of: 1 representative from the Executive Office of Energy
169	169	141and Environmental Affairs, 1 representative from the Executive Office of Economic
170	170	142Development, 1 representative from the Division of Local Services, and a representative from
171	171	143each of the following organizations: American Council of Engineering Companies of
172	172	144Massachusetts; the Massachusetts Municipal Association; the Massachusetts Water Resources
173	173	145Authority; the Massachusetts Water Resources Authority Advisory Board; the Massachusetts
174	174	146Water Environment Association; Massachusetts Coalition for Water Resources Stewardship; the 8 of 11
175	175	147Massachusetts Water Works Association; and two additional regional water or wastewater
176	176	148utilities.
177	177	149 (c) The task force shall analyze the process and associated requirements around issuing
178	178	150impact statements under section 5 and 5A of Chapter 30A of the General Laws, to ensure that
179	179	151they are comprehensively prepared and include an analysis, not only of the costs, but also the
180	180	152benefits weighed against the costs, associated with any rule, regulation, so-called guidance
181	181	153document, or policy which results in the imposition of additional cost to a city or town, Public
182	182	154Water System or Publicly Owned Treatment Works. At the conclusion of its analysis, the task
183	183	155force shall issue a report of its findings, along with any recommendations to ensure the proper
184	184	156cost/benefit analysis is performed, to the Clerk of the House and the Senate and the Joint
185	185	157Committee on State Administration and the Joint Committee on Municipalities and Regional
186	186	158Government.
187	187	159 SECTION 7. Chapter 74 of the General Laws, as appearing in the 2022 Official Edition,
188	188	160is hereby amended by inserting, after section 58, the following new section:-
189	189	161 Section 59. (a) The board of higher education shall establish and maintain, in
190	190	162cooperation with school districts and vocational school authorities, postsecondary technical
191	191	163schools, and the boards of trustees of community colleges, a grant program, subject to
192	192	164appropriate, to support training and education programs that address the workforce shortages
193	193	165necessary to address the Commonwealth’s water infrastructure need; provided that, applicable
194	194	166workforce personnel shall be defined as personnel related to the construction, engineering and
195	195	167operating of water infrastructure and its attendant systems. The grant program shall be
196	196	168established with the goals of training students, creating new jobs, retraining and upgrading 9 of 11
197	197	169existing jobs, and retraining existing workers to implement new technologies and to help meet
198	198	170the workforce needs for meeting the Commonwealth’s water infrastructure needs.
199	199	171 (b) The grant program shall be developed to address the following components:
200	200	172 (i) identify, support or establish collaborative regional partnerships including, but not
201	201	173limited to, employers, workforce development and education organizations, regional economic
202	202	174development organizations established pursuant to sections 3J and 3K of chapter 23A, and
203	203	175economic development officials where a demand for water infrastructure related workforce
204	204	176personnel exists;
205	205	177 (ii) address critical workforce shortages in the water infrastructure related workforce;
206	206	178 (iii) improve and increase employment opportunities for the water infrastructure
207	207	179related workforce for low-income individuals, women, minorities, and veterans;
208	208	180 (vi) boost industry-relevant instructor capacity for high school and postsecondary
209	209	181programs; and
210	210	182 (vii) direct support for succession planning, worker retention, and upskilling
211	211	183strategies for older and incumbent workers.
212	212	184 (c) Entities eligible to apply to participate in the grant program shall include but not be
213	213	185limited to (i) employers and employer associations; (ii) local workforce investment boards; (iii)
214	214	186institutions of higher education; (iv) public comprehensive high schools and vocational technical
215	215	187high schools; (v) private for-profit and nonprofit organizations providing education and
216	216	188workforce training; (vi) 1-stop career centers; (vii) local workforce development entities; (viii)
217	217	189union training programs; and (viii) any partnership or collaboration among such eligible 10 of 11
218	218	190applicants. Any funds allocated through the grant program shall complement and not replace
219	219	191existing local, state, private or federal funding for training and educational programs.
220	220	192 (d) A grant proposal submitted pursuant to this section shall include but not be limited
221	221	193to:
222	222	194 (i) a plan that defines specific goals for increasing the number of water infrastructure
223	223	195related workforce personnel;
224	224	196 (ii) the evidence-based program or programs the applicant shall use to meet the goals;
225	225	197 (iii) a budget necessary to implement the plan, including a detailed description of any
226	226	198funding or in-kind contributions that an applicant will be providing in support of the proposal;
227	227	199 (iv) any private funding or private sector participation that the applicant anticipates in
228	228	200support of the proposal; and
229	229	201 (v) the proposed number of individuals who would be enrolled, complete training and
230	230	202be placed into employment within the trucking or related industries.
231	231	203 (e) The department of higher education shall, in consultation with the executive office
232	232	204of housing and economic development, executive office of labor and workforce development,
233	233	205department of elementary and secondary education, and entities representing parties who are
234	234	206eligible to participate in the grant program, develop guidelines for an annual review of the
235	235	207progress being made by each grantee. A grantee shall participate in any evaluation or
236	236	208accountability process implemented by or authorized by department of higher education.
237	237	209 (f) The department of higher education shall file an annual report with the chairs of the
238	238	210house and senate committee on ways and means, the chairs of the joint committee on labor and 11 of 11
239	239	211workforce development, and the chairs of the joint committee on economic development and
240	240	212emerging technologies not later than January 1; provided, however, that the report shall include
241	241	213an overview of the activities of the programs, the number of participants in the programs, and the
242	242	214employment outcomes in the programs.
243	243	215 SECTION 8. Notwithstanding any general or special law to the contrary, the ranking
244	244	216process utilized by the Massachusetts Department of Environmental Protection to allocate
245	245	217financial assistance for water infrastructure projects under 31 CMR 44.00 shall be evaluated to
246	246	218ensure that essential repairs and upgrades are not being disadvantaged and are receiving the
247	247	219financial assistance they require. In its evaluation of the program, the Agency shall hold at least
248	248	220two stakeholder meetings with representatives from the American Council of Engineering
249	249	221Companies of Massachusetts; the Massachusetts Municipal Association; the Massachusetts
250	250	222Water Resources Authority; the Massachusetts Water Resources Authority Advisory Board; the
251	251	223Massachusetts Water Environment Association; the Massachusetts Coalition for Water
252	252	224Resources Stewardship; and the Massachusetts Water Works Association; to present its
253	253	225evaluation and receive feedback on any changes needed 31 CMR 44.00 and/or the State
254	254	226Revolving Fund Loan program project ranking and scoring criteria.
255	255	227 SECTION 9. Notwithstanding any general or special law to the contrary, unoccupied
256	256	228water, wastewater, and transportation-related structures (Pumping, Equipment, Sub-Stations, and
257	257	229Similar Facilities) shall be exempt from 248 CMR 10.10(15)(c)(19).