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