Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide alternative means for the members of the North East Solid Waste Committee to raise amounts necessary to satisfy certain arbitration awards, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding the provisions of section twenty-three of chapter fifty-nine of the General Laws or any other general or special law to the contrary, municipalities, which are members of the North East Solid Waste Committee, established under the provisions of chapter three hundred and twenty-eight of the acts of nineteen hundred and eighty-eight, are authorized to raise over consecutive years amounts required to satisfy the municipality's obligations due pursuant to the arbitration award granted to Massachusetts Refusetech, Inc., against the North East Solid Waste Committee entitled Massachusetts Refusetech, Inc. Contractual Request for Adjustment to Service Fee. Amounts to be raised shall be certified annually by the municipality's treasurer to the board of assessors prior to the approval of a tax rate.

SECTION 2. Notwithstanding the provisions of any general or special law to the contrary, municipalities, which are members of the North East Solid Waste Committee, established under the provisions of chapter three hundred and twenty-eight of the acts of nineteen hundred and eighty-eight, are hereby authorized to borrow for the purposes of satisfying the municipality's obligations due pursuant to the arbitration award granted to Massachusetts Refusetech, Inc., against the North East Solid Waste Committee entitled Massachusetts Refusetech, Inc. Contractual Request for Adjustment to Service Fee, a sum not to exceed the amount due and payable to Massachusetts Refusetech, Inc. on December thirty-first, nineteen hundred and ninety-two by said municipality pursuant to said arbitration award, including interest accrued to date of borrowing, and to issue therefor bonds or notes the proceeds of which shall be deposited into an account established by the municipality to be used to finance any amounts not raised, pursuant to section one, for the purpose of satisfying said arbitration award. Such bonds or notes shall bear on their face the words Solid Waste Disposal Loan Act of 1992 and shall be payable within seven years from issuance date. Each city or town may also issue temporary loans in anticipation of such borrowing pursuant to section seventeen of chapter forty-four of the General Laws. Bonds and notes may be issued hereunder, in the case of a city, by the city treasurer with the approval of the mayor; provided, that such borrowing has been authorized by the city council; and in the case of a town, by the town treasurer with the approval of the board of selectmen; and the proceeds thereof may be expended without further authorization or appropriation by such city or town.

SECTION 3. Indebtedness incurred under this act shall not be included in determining the statutory limit of indebtedness of the municipality under section ten of chapter forty-four of the General Laws but, except as provided herein, shall otherwise be subject to the provisions of said chapter forty-four.

SECTION 4. Adoption of a municipality's allocable share of the judgement shall be approved by the city council or the mayor in the case of a city, or by the town council or board of selectmen in the case of a town.

SECTION 5. Notwithstanding any general or special law to the contrary, any arbitration award described in this act shall be deemed to be a final judgement for all purposes of section thirty-one of chapter forty-four and section twenty-three of chapter fifty-nine of the General Laws and any similar provisions of law.