Amendment #25 to S.2021

Annual Reimbursement Program for Municipalities

Representatives Dykema of Holliston, Conroy of Wayland, Rogers of Cambridge, Farley-Bouvier of Pittsfield, Gordon of Bedford, Lawn of Watertown, McMurtry of Dedham, Andrews of Orange, Garballey of Arlington, O'Day of West Boylston, Kafka of Stoughton, Moran of Lawrence, Smizik of Brookline, Walsh of Framingham, Campbell of Methuen, Madden of Nantucket, Mahoney of Worcester, Provost of Somerville, Schmid of Westport, Orrall of Lakeville, Fiola of Fall River, Benson of Lunenburg, Gobi of Spencer and Decker of Cambridge move that the bill be amended by inserting after section 2A the following section:-

SECTION 2B. To provide for a capital outlay program of maintenance and improvements to municipal drinking, waste and storm water infrastructure of the commonwealth and its municipalities, the sums set forth in this section, for the several purposes and subject to the conditions specified in this act are hereby made available, subject to the laws regulating the disbursement of public funds. The sums appropriated in this section shall be in addition to any amounts previously appropriated and made available for these purposes.

Massachusetts Clean Water Trust

XXXX-XXXX For the Massachusetts Clean Water Trust established in section 2 of chapter 29C of the General Laws for deposit in the Water Infrastructure Improvement Fund established in section 2MMMM of chapter 29 of the General Laws for application by the trust for the purposes specified in section 19 of said chapter 29C; provided, however, that a local government unit shall comply with the procedures established by the Massachusetts Clean Water Trust; provided further, that any such local government unit may appropriate for such projects amounts not in excess of the amount provided to the local government unit under this item, preliminary notice of which shall be provided by the Massachusetts Clean Water Trust to the local government unit not later than April 1 of each year; provided further, that the Massachusetts Clean Water Trust shall reimburse any such local government unit under this item within 30 days after receipt by the Massachusetts Clean Water Trust of a request for reimbursement from the local government unit, which request shall include certification by the local government unit that actual expenses have been incurred on projects eligible for reimbursement under this item, and that the work has been completed to the satisfaction of the local government unit according to the specifications of the project and in compliance with applicable laws and procedures established by the Massachusetts Clean Water Trust...................$250,000,000

Inserting the following sections:

SECTION XX. Chapter 29 of the General Laws is hereby further amended by inserting after section 2LLLL, inserted by section 15, the following section:-

Section 2MMMM. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Water Infrastructure Improvement Fund, consisting of amounts credited to the fund in accordance with section 19 of chapter 29C. The fund shall be administered in accordance with the provisions of said chapter 29C by the board of trustees of the Massachusetts Clean Water Trust and shall be held in trust exclusively for the purposes and the beneficiaries described therein. The state treasurer shall be treasurer and custodian of the fund and shall have the custody of its moneys and securities. Said amounts shall be used solely for the administration of the provisions of said section 19 of said chapter 29C.

SECTION XY. Chapter 29C of the General Laws is hereby amended by inserting after section 18 the following section:-

Section 19. (a) For purposes of this section the following terms shall have the following meanings, unless the context clearly requires otherwise:-

“Base allocation”, the sum of: (i) the total number of road miles in the commonwealth multiplied by 58.33; (ii) the population of the commonwealth multiplied by 20.83 per cent; and (iii) the total number of persons employed in the commonwealth multiplied by 20.83%, such sum being divided by the total number of municipalities in the commonwealth.

“Employment factor”, the number of persons employed within the borders of the municipality.

“Population factor”, the population of a municipality.

“Road miles factor”, the number of road miles contained within a municipality.

(b) In addition to the powers and duties of the board otherwise provided in this chapter, the trust is hereby designated as the instrumentality of the commonwealth to establish and administer the Water Infrastructure Improvement Fund as established under section 2MMMM of chapter 29. The monies in the fund, which shall be under the control of the board and not subject to appropriation, shall be used as provided in subsection (b). The trust shall develop rules and regulations to carry out the provisions of this section. The state treasurer shall separate monies assigned to the fund for purposes set forth in subsection (b) from monies received from federal capitalization grants made pursuant to the Clean Water Act or the Safe Drinking Water Act.

(c) The board shall apply monies in the Water Infrastructure Improvement Fund for the purpose of providing grants to local governmental units to provide for a capital outlay program of maintenance and improvements to municipal drinking, waste and storm water infrastructure assets. The percentage of funds available to a municipality shall be determined by finding the sum of: (i) the road miles factor multiplied by 58.33 percent; (ii) the population factor multiplied by 20.83 per cent; and (iii) the employment factor multiplied by 20.83 per cent and dividing such sum by the base allocation.

SECTION XZ. To meet the expenditures necessary in carrying out section 2B, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $250,000,000. All such bonds issued by the commonwealth shall be designated on their face, Improvement of Drinking Water and Wastewater Infrastructure Act of 2014, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2045. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Notwithstanding any other provision of this act, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.