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.
Upon the request of any town within Barnstable county, the
county commissioners of the county may assume and exercise any of the powers of
the town and the town's board of health, under section 127B 1/2 of
chapter 111
of the General Laws for the purpose of entering into agreements with owners of
structures for human habitation for the repair, replacement or upgrade of
septic systems required under the state environmental code pursuant to
section 13 of chapter 21A of the General Laws.
SECTION 2.
Any costs incurred by Barnstable county under this act may
be funded by an appropriation or by borrowing from the water pollution
abatement trust established in chapter 29C of the General Laws. For such
purposes, the treasurer of the county, with the approval of the county
commissioners and with authorization by the assembly of delegates, may issue
bonds
or notes of the county to the water pollution abatement trust, which shall bear
on their face the words, Community Septic Management Program Loan, Act of 2001.
Each authorized issue shall constitute a separate loan and such loans shall be
payable not more than 20 years from their dates of issuance. The bonds or
notes shall be signed by the county treasurer and countersigned by a majority
of the county commissioners and otherwise shall be issued in such form and upon
such terms and conditions, not inconsistent with the act, as the county and the
water pollution abatement trust shall agree in accordance with said
chapter 29C. Sections 37A, 37B and 38 of chapter 35 of the General Laws
shall not apply to the issuance of bonds or notes under this section.
SECTION 3.
Barnstable county shall constitute a regional government
unit under chapter 29C of the General Laws for the purposes authorized by this
act; provided, however, that only towns which have requested the county to
perform the services provided in this act shall be deemed to be the service
recipients of the county under said chapter 29C, and maturing principal and
interest on indebtedness incurred by the county under this act shall be
appropriated and assessed only upon those towns. Any appropriation by the
county or by a town for the purposes of this act shall not be included for the
purpose of computation of the assessment or levy limits otherwise imposed upon
the county or town by the General Laws.
SECTION 4.
Notwithstanding section 127B of chapter 111 of the
General Laws and section 13 of chapter 80 of the General Laws to the
contrary, any betterment agreement made by Barnstable county with owners of
structures for human habitation for the repair, replacement or upgrade of
septic systems under said section 127B may be without interest.
SECTION 5.
This act shall take effect upon its passage.
Approved October 22, 2004.