SENATE DOCKET, NO. 1619        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 520

The Commonwealth of Massachusetts

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PRESENTED BY:

Diana DiZoglio

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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 create a Merrimack River District Commission.

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PETITION OF:

SENATE DOCKET, NO. 1619        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 520

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 to create a Merrimack River District Commission.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

There shall be a Merrimack river district commission to review the state of health of the Merrimack river and its tributaries in order to improve and restore water quality. The commission’s review shall include, but shall not be limited to: (i) current wastewater discharges from municipal and industrial sources; (ii) combined sewer overflow discharge standards; (iii) discharge flow data collection and distribution; (iv) monitoring of water quality standards and criteria; (v) a notification system for alerts to the public; (vi) optimal research technology; (vii) cost and cost-sharing among communities, including grant and other funding opportunities; and (viii) time frames for achieving the benchmark health goals.

The Merrimack River Watershed Council shall be charged with managing and overseeing the commission. The commission shall consist of members or designees that may include representation from the following: the Merrimack Valley Planning Commission; Northern Middlesex Council of Governments; department of environmental protection; department of public health; department of energy resources; Massachusetts emergency management agency; the department of conservation and recreation; University of Massachusetts at Lowell; Groundwork Lawrence, Inc.; Lowell Parks and Conservation Trust, Inc.; Conservation Law Foundation, Inc.; MassBays National Estuary Partnership; and Massachusetts River Alliance.

The commission shall be advised by and consult with an advisory panel that shall consist of appointees that may include the following: 1 appointee of mayor, town manager or department of public works staff in the municipalities along the Merrimack river; 1 appointee of each operator or manager of a sewer or combined sewer overflow location along the Merrimack river; and 1 appointee of each conservation commission and along the Merrimack river who administers and enforces section 40 of chapter 131 of the General Laws and stormwater management standards.

Appointments to the commission and the advisory panel shall be made not later than 30 days after the effective date of this act.

The department of environmental protection may furnish reasonable staff and other support for the work of the commission. Members shall not receive compensation for their service, but may receive reimbursement for reasonable expenses incurred in carrying out their responsibilities as members of the commission.

The commission may select and contract with independent consultants to assist with leading and managing public hearings, collecting and analyzing data and information, completing a final report and any other activity to achieve the goals of the commission.

The commission may conduct a series of public hearings to receive testimony and collect data. The hearings shall be held in geographic locations bordering the Merrimack river.

The commission shall make recommendations regarding appropriate measures to ensure the present and future health of the Merrimack river and its tributaries by addressing pollution and ensuring that the Merrimack river and its tributaries meet applicable standards for public use and enjoyment. The recommendations shall include an implementation plan. The implementation plan shall include, but not be limited to, a determination of the infrastructure, equipment, communication systems, funding and programs necessary to establish a baseline health goal for the Merrimack river to maximize its environmental, economic, recreational and aesthetic potential.

Not later than January 1, 2023, the commission shall submit a written report of its findings and recommendations, together with any proposed legislation, to the clerks of the senate and the house of representatives. The first meeting of the commission shall be not later than January 1, 2022.