Chapter 40N of the General Laws, as appearing in the 2010 official edition, is hereby amendment by adding after Section 27, the following new section:
Section 28: SECTION 1. The Cedar Meadow Lake Watershed District (District) in the Town of Leicester, duly organized pursuant to Chapter 268, Section 3 of the Acts and Resolves of 1993, may acquire by gift, purchase, eminent domain or otherwise, a dam located within the Town, including any real property appurtenant thereto, if such dam and any appurtenant real property is not at the time of such acquisition owned or held in trust by the Commonwealth. The acquisition by the District of any dam or real property appurtenant thereto prior to the date of this act is hereby ratified for purposes of this act and any other lawful purpose. In connection with such acquisitions the District may, subject to appropriation, repair, reconstruct and make improvements to a District-owned dam as may be necessary in the judgment of the Management Committee, to maintain, repair or improve such dam, and to seek, accept and expend grants or gifts for such purposes in accordance with Section 53A of Chapter 44 of the General Laws upon approval of the Management Committee without further appropriation.
SECTION 2. Pursuant to the vote of the members present and voting at a meeting duly called on May 16, 2012, the District may borrow funds for the purposes authorized in Section 1. Any such borrowing shall be repaid within 40 years of its date of issue. Except as provided in this act, any borrowing pursuant hereto shall be subject to the requirements of said Chapter 44, constitute public improvement for purposes of Chapter 80 of the General Laws and, subject to the approval of the District pursuant to the vote of the members at a meeting duly called on May 16, 2012, the Management Committee may assess betterments to pay any and all costs, of or relating to, acquiring, owning, maintaining or improving such dam and any appurtenant real property in such amounts as the Management Committee shall determine. Except as otherwise provided by this act, any betterments so assessed shall be subject to said Chapter 80. Any betterments assessed pursuant to this act may be apportioned for a maximum term of 40 years.
SECTION 3. Notwithstanding any general or special law to the contrary, with respect to betterment assessments authorized in this act, the District may assess interest on such betterment assessments at the rate of interest set by the Management Committee provided, however, that no such rate shall exceed the rates authorized in Section 13 of Chapter 80 of the General Laws, and provided further that if the Management Committee does not elect to set lower rates as authorized in this act, the rate shall be established as authorized in said Section 13 of Chapter 80.
SECTION 4. Notwithstanding any general or special law to the contrary, the District, its members, officers or employees shall have no liability for or related to the presence, release or threat of release of oil or any hazardous material with respect to any dam or appurtenant real property acquired by the District that occurred prior to the date any such dam or appurtenant real property was acquired by the District.
SECTION 5. This act shall take effect upon passage.
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