HOUSE DOCKET, NO. 5151        FILED ON: 5/31/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4971

The Commonwealth of Massachusetts

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PRESENTED BY:

Alyson M. Sullivan and Michael D. Brady

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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 establishing the North Bedford Street sewer district in the town of East Bridgewater.

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PETITION OF:

HOUSE DOCKET, NO. 5151        FILED ON: 5/31/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4971

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act establishing the North Bedford Street sewer district in the town of East Bridgewater.

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. (a) Notwithstanding any general or special law to the contrary, the shall be a sewer district in the town of East Bridgewater called the North Bedford Street sewer district. The district shall include the land and buildings located in the town shown on assessors map 81 as parcels 38, 40, 41, 78, 80 and 81; on assessors map 91 as parcels 7, 9, 16, 23 and 39; on assessors map 100 as parcels 1, 5, 6, 7, 8-08, 9-01, 9-02, 9-03, 10, 13, 14, 15, 28, 32, 35, and 36; on assessors map 101 as parcel 9-1; on assessors map 108 as parcel 11; on assessors map 109 as parcels 1, 2, 2-01, 3, 4, 5, 6, 7 and 10; on assessors map 119 as parcels 2, 3 and 9; and on assessors map 120 as parcel 3. The land and buildings shall be served by a sewer extension and connection to the city of Brockton's sewer system and its advanced wastewater reclamation facility pursuant to an intermunicipal agreement between the town of East Bridgewater and city of Brockton. The area contained in the district may be expanded by a vote of the board of selectmen and approval by town meeting. (b) The board of selectmen of the town of East Bridgewater shall serve as the board of sewer commissioners for the North Bedford Street sewer district. The board shall have all powers and responsibilities of a sewer commission under Section 4 of Chapter 40N of the General Laws and may adopt rules and regulations for access to, and use of, the sewer system. The board shall establish a system of financing for the cost of planning, design, permitting and construction of the sewer extension to and through Brockton using any of the methods allowed by law, in general use elsewhere in the Commonwealth of Massachusetts, and referenced herein including property development agreements, sewer betterment assessments, connection fees, privilege fees, compensatory fees, capacity fees, etc.; and if by sewer betterment assessments, to allow such assessments to be made against properties with access to the municipal sewer within the district through sewer/utility easements. The board shall also establish use fees and other charges that shall be paid by every person who connects into the municipal sewer within the district; provided, however, that the fees shall be reasonably related to the allocable capital and operational costs of the connection to the city of Brockton sewer system and operational and maintenance costs of the in-town sewer system. The director of public works of the town of East Bridgewater, appointed pursuant to chapter 178 of the acts of 2005, shall have the powers and responsibilities of a superintendent of the sewer department pursuant to section 69 of chapter 41 of the General Laws. (c) The board of selectmen of the town of East Bridgewater shall have sole discretion to determine which property owners may connect to the municipal sewer within the North Bedford Street sewer district and the amount of wastewater treatment capacity allocated to each user of the system. An application for a connection to the municipal sewer within the district shall be reviewed by representative of the board of health, a representative of the planning board and the director of the department of public works or the director's designee, who shall make a recommendation to the board regarding the application. In making the recommendation, the representatives and director or designee shall consider the overall economic benefit afforded by approval of the application, community housing needs, the amount of available wastewater treatment capacity and other factors that the representatives and director or designee shall deem appropriate.

SECTION 2. This act shall take effect upon its passage.