Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S675 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. 784 FILED ON: 1/14/2025
3	3	SENATE . . . . . . . . . . . . . . No. 675
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John C. Velis
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 assist municipal and district ratepayers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :John C. VelisHampden and Hampshire 1 of 4
16	16	SENATE DOCKET, NO. 784 FILED ON: 1/14/2025
17	17	SENATE . . . . . . . . . . . . . . No. 675
18	18	By Mr. Velis, a petition (accompanied by bill, Senate, No. 675) of John C. Velis for legislation
19	19	relative to the costs imposed upon the municipal and district ratepayers due to public drinking
20	20	water, wastewater and stormwater systems capital upgrades. Environment and Natural
21	21	Resources.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 589 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act to assist municipal and district ratepayers.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Whereas, public drinking water, wastewater and stormwater systems are in
33	33	2need of major capital upgrades in order to continue to protect public health, safety and the
34	34	3environment; and
35	35	4 Whereas, the costs for these infrastructure upgrades are significant and increasing each
36	36	5year; and
37	37	6 Whereas, local ratepayers must pay for most of these upgrades as the Federal and State
38	38	7governments have reduced their level of funding assistance to cities, towns and districts; and 2 of 4
39	39	8 Whereas, many of the costs for water infrastructure improvements are due to regulatory
40	40	9demands by Federal and State environmental agencies; and
41	41	10 Whereas, Federal and State regulatory demands on cities, towns and districts do not
42	42	11consider compliance costs or assess the value of the benefits derived; and
43	43	12 Whereas, it is in the public interest to spend local funds wisely and to insure the
44	44	13maximum benefits are derived for each dollar expended.
45	45	14 Notwithstanding the provisions of section 27C of chapter 29 of the General Laws, as
46	46	15most recently amended by section 24 of chapter 71 of the acts of 1993, or any other general or
47	47	16special law to the contrary, any proposal initiated by the executive office of energy and
48	48	17environmental affairs and its agencies in the form of a rule, regulation or so-called guidance
49	49	18document or policy resulting in the imposition of additional cost to a city or town shall be termed
50	50	19a “local mandate”. Local mandates shall include but not be limited to any executive office of
51	51	20energy and environmental affairs initiated rule, regulation or so-called guidance document or
52	52	21policy that: (1.) requires any city or town to undertake any service or direct or indirect cost
53	53	22obligation, or to establish, expand or modify any existing activity in such a way that results in the
54	54	23expenditure of funds or resources, or results in the diversion of funds or resources from any
55	55	24existing activity. For the purposes of this section, the term “existing activity” shall include any
56	56	25program or service lawfully undertaken by any city or town under the authority of any law,
57	57	26special law, administrative rule or regulation or city or town charter, or; (2.) relieves the state or
58	58	27a county from providing a service or program so that any city or town instead incurs the direct or
59	59	28indirect cost of such service or program. 3 of 4
60	60	29 SECTION 2. No proposal initiated by the executive office of energy and environmental
61	61	30affairs in the form of a rule or regulation, or any so-called guidance document or policy, shall
62	62	31become effective until a regulatory impact statement has been completed, made public during the
63	63	32hearing process described in chapter 30A of the General Laws and filed with the secretary of
64	64	33state. The regulatory impact statement shall: (a) identify the problem, issue or deficiency
65	65	34addressed by the proposal; (b) identify the methodology or approach, including identification of
66	66	35expert information and analysis used to address the problem, issue or deficiency; (c) identify
67	67	36stakeholders who will be affected and to what extent by the proposal; (d) identify when such
68	68	37proposal will become effective, when such proposal will be changed, if known, and how and
69	69	38when the proposal will be reviewed in the future, if at all; (e) identify and describe the immediate
70	70	39and long term financial impacts of the proposal on all stakeholders, including the agency or
71	71	40entity issuing the proposal, any affected private party or entity, the state, the cities and towns,
72	72	41and the general public. Such financial impact statement shall consider administrative costs,
73	73	42permitting costs, enforcement costs, capital costs, internal compliance costs, and indirect costs, if
74	74	43any; (f) identify the fiscal effect on the public and private sectors for the first and second year of
75	75	44the proposal's existence, and provide a projection of fiscal impact over the first five years of the
76	76	45proposal's existence or, in the case of proposals affecting permits issued by the executive office
77	77	46of energy and environmental affairs, the term of the permit; and (g) identify and describe,
78	78	47specifically, the benefits of the proposal including, where possible, the financial value of these
79	79	48benefits. The secretary of administration and finance shall adopt regulations to further define and
80	80	49implement the use of regulatory impact statements in said executive offices' and agency's
81	81	50rulemaking. 4 of 4
82	82	51 SECTION 3. The executive office of energy and environmental affairs shall maintain a
83	83	52notification list of stakeholders in their proposals and who may request preliminary notification
84	84	53of such proposals, such request renewed annually by persons or groups in December. No later
85	85	54than thirty days prior to the notice of hearing described above the agency shall send a
86	86	55preliminary notification of the proposal to each stakeholder who has requested preliminary
87	87	56notification of the proposal and to the Joint Legislative Committee on Natural Resources, the
88	88	57Joint Legislative Committee on Local Affairs, the House and Senate Committees on Ways &
89	89	58Means, the Office of the State Auditor and the Massachusetts Municipal Association.
90	90	59 The preliminary notification of the proposal shall (a) identify the proposal to be noticed
91	91	60for hearing and the scope of the proposal, (b) provide the statutory authority for such proposal,
92	92	61and (c) identify the person within said executive office or agency responsible for the proposal
93	93	62and who can be contacted for more information.
94	94	63 SECTION 4. No proposal initiated by the executive office of energy and environmental
95	95	64affairs in the form of a rule, regulation, so-called guidance document or policy shall become
96	96	65effective until said executive office and agency have complied with the provisions of
97	97	66Massachusetts Administrative Procedures Act established under the provisions of Chapter 30A
98	98	67of the General Laws. Any entity claiming to be aggrieved by lack of compliance with said
99	99	68chapter by said executive office or agency shall be permitted to file a petition for relief with the
100	100	69superior court.