HOUSE DOCKET, NO. 2348        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2139

The Commonwealth of Massachusetts

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PRESENTED BY:

David M. Rogers

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to improve water quality and pollution control programs.

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PETITION OF:

HOUSE DOCKET, NO. 2348        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2139

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act to improve water quality and pollution control programs.

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. The Water Resources Commission, as established under section 8A of Chapter 21A of the General Laws, shall prepare a Massachusetts water quality and pollution control program report for the Commonwealth, including a gap analysis, goals and recommendations for program improvements, and comprehensive long-term funding. 

The commission shall conduct a baseline review and gap analysis and prepare a report of state and federal water quality and pollution control programs for fresh and coastal waters in the Commonwealth. The gap analysis shall include the following program components: staff capacity and resource needs; goals and measurement; science, monitoring, and standards; program: technical assistance, permitting and compliance; and enforcement and appeals.

The report shall set a broad frame for the Commonwealth to: achieve the goals of the Federal Clean Waters Act and measurable outcomes; support science: ecological scale and standards that use current science to address pollutants and other water quality impacts; support programs for an integrated and holistic approach; and, provide for adaptability and managing climate change impacts.

Based on findings of the program review and gap analysis, the report shall:

1)provide recommendations to meet the goals of the Federal Clean Water Act, in not less than fifteen years from the enactment of this chapter, for all waters of the Commonwealth ranging from restoring heavily impacted and impaired to conserving pristine resources. Recommendations shall set goals and timelines and ways and means for achieving goal related to the following components: scientific research; conducting water quality monitoring, assessment, and reporting; completing water pollution control reports; and, providing compliance and enforcement sufficiently protective to meet program goals.

2)provide recommendations related to innovative and alternative ways and means to achieve goals for water quality programs and funding. Examples of such approaches include: green infrastructure as defined in Chapter 259 of the Acts of 2014, AN ACT IMPROVING DRINKING WATER AND WASTEWATER INFRASTRUCTURE; and development and redevelopment that will have multiple benefits such as enhancing public health, quality of life, and property values.

3)provide recommendations for function and sustainability of the following program components: staff capacity and resource needs; goals and measurement: science, monitoring water bodies and permittees, and developing standards; program: technical assistance, permitting and compliance; and enforcement and appeals.

4)provide a baseline budget analysis to provide current information on what constitutes adequate staffing and funding for a level of service that meets the Commonwealth’s needs. The budget analysis should feed back into the funding and revenue proposal.

5)provide recommendations and a clear implementation path for each program component, goals; intended outcomes; timeline and schedule of development and implementation; staff training and development; stakeholder opportunities for participation;

6)provide recommendations for transparent and effective stakeholder engagement to enable consideration of expertise on the best available science and local conditions. And also provide for meaningful public participation in the process. And also communicating timely information such as results of water quality monitoring and publicly available dashboard for water quality data.

7)Provide recommendations of funding sources to ensure secure, predictable and stable revenue streams to meet the needs of the program, including but not limited to appropriations, taxes, fees, and user charges.

The commission may establish such advisory committees as are necessary to enhance its work. Such committees may be composed of commission members as well as other individuals selected by the commission. The Commission may contract for consulting expertise as necessary to assist in completing all phases of its work. The commission shall adopt practices and oversight to provide for conducting a fair process and providing objective evaluation and recommendations free from influence. 

All departments and agencies of the state shall cooperate with the commission and provide information and advice and otherwise assist the commission in its work.

The commission may hold public hearings on a regional basis throughout the state, take testimony, and make its investigations at such places as it deems necessary.

The chair of the commission shall convene the first meeting of the commission no later than 30 days after the effective date of the law. The commission shall prepare an interim report of findings within 9 months of its first meeting, a final report with specific recommendations for legislation, funding or administrative changes within 12 months of the first meeting, and proposed legislation to carry out its recommendations within report to the Joint Committee on Environment, Natural Resources and Agriculture for review and comment.