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 any general or special law to the contrary, there shall be in the town of Charlton a water and sewer commission consisting of 5 members to be elected by the voters of the town as provided in section 2. The commission shall have the powers and duties conferred on water and sewer commissions by chapter 40N of the General Laws and all other applicable laws of the commonwealth governing the establishment and operation of water and sewer commissions, and upon election and qualification shall succeed to all the responsibilities and powers of the present Charlton water and sewer commission under all applicable law.

SECTION 2. At the next annual town election, the town of Charlton shall hold an election to fill the positions of the 5 members to the water and sewer commission. Of the initial members, 1 shall be elected for a 1 year term, 2 shall be elected for 2 year terms, and 2 shall be elected for 3 year terms. The terms of office for the initial members of the commission shall commence immediately upon qualification and shall expire at the close of the next annual Charlton town election in accordance with the length of their initial terms of office. Upon the expiration of the initial terms, each term of each member thereafter elected shall be a 3 year term.

If a vacancy shall occur in the membership of the commission, the commission shall notify in writing the Charlton board of selectmen within 10 days of the vacancy, and the remaining members of the commission shall meet jointly with the Charlton board of selectmen within 30 days of the notification of vacancy on the commission at a duly posted public meeting and vote as 1 body by roll call vote to appoint a successor to fill the vacancy until the next annual Charlton town election, at which election a commissioner shall be elected to fill the remaining, unexpired term of the vacant position. If the vacancy is not filled within 30 days by failure of the Charlton board of selectmen and commission to meet to fill the vacancy, the Charlton board of selectmen shall meet and vote within 15 days following expiration of the 30 day period to appoint a successor to fill the vacancy on the commission to serve the vacated term until the next annual Charlton town election.

SECTION 3. This act shall take effect upon its passage.