HOUSE DOCKET, NO. 4627        FILED ON: 10/16/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4246

The Commonwealth of Massachusetts

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PRESENTED BY:

James Arciero

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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 authorizing the town of Littleton to provide drinking water to the inhabitants of the town of Boxborough.

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PETITION OF:

HOUSE DOCKET, NO. 4627        FILED ON: 10/16/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4246

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act authorizing the town of Littleton to provide drinking water to the inhabitants of the town of Boxborough.

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. Notwithstanding chapter 617 of the acts of 1911 or any other general or special law to the contrary, the town of Littleton may provide water to inhabitants of the town of Boxborough for the extinguishment of fires and for domestic, manufacturing and other purposes and may establish fountains and hydrants and relocate or discontinue the same and may regulate the use of such water and fix and collect rates to be paid therefor as provided in this act.

SECTION 2. For the purpose of supplying water to the inhabitants of the town of Boxborough, the town of Littleton may take, or acquire by purchase or otherwise, and hold all lands, rights of way and easements in the towns of Boxborough and Harvard necessary for supplying water to the town of Boxborough as generally described on a plan of land entitled “PROPOSED FINISHED WATER MAIN EXTENSION,” prepared by Weston & Sampson, which is on file with the town clerk of the town of Littleton, or as provided by section 3.

SECTION 3. The Littleton board of water commissioners may construct, own, operate and maintain a water distribution system in the town of Boxborough to be built within public and private ways in the towns of Boxborough and Harvard for the purpose of supplying water to the inhabitants of the town of Boxborough as generally described on the plan of land referenced in section 2, or as otherwise provided by this section. The following parcels, as shown on the plan and described below by parcel ID number on the town of Boxborough’s assessors’ map may connect to the water distribution system and shall be subject to betterments as provided by section 5: 01-010-000; 03-011-000; 03-012-000; 03-013-000; 07-003-000; 07-004-000; 07-005-000; 07-007-000; 07-008-000; 07-009-000; 07-013-000; 07-014-000; 07-015-000; 07-016-000; 08-002-000; 08-003-000; 08-008-000; 08-009-000; 08-010-000; 08-011-000; 08-090-000; 12-003-000; 12-004-000; 12-005-000; 12-006-000; 12-007-000; 12-009-000; 12-010-000; 12-011-000; 12-012-000; 12-033-000. The water distribution system may be expanded in the town of Boxborough, to serve additional parcels which shall be subject to betterments as provided by section 5, by a vote of the Littleton board of water commissioners and a vote of the Boxborough select board. The town of Littleton shall not provide water to any other parcel in the town of Boxborough not herein identified unless otherwise permitted by general or special law.

SECTION 4. The Littleton board of water commissioners shall directly bill the inhabitants of the town of Boxborough to which it supplies water under section 3 in accordance with rates established by the board. The rates and fees shall not exceed those paid by residents of the town of Littleton for like quantities of water. Upon the request of the board, the town of Boxborough shall have such rights against any resident of the town of Boxborough to whom the board is supplying water and whose bill for such service is not paid on or before its due date as provided in sections 42A to 42E, inclusive, of chapter 40 of the General Laws. All sums collected by the town of Boxborough pursuant to this act shall be remitted to the town of Littleton as determined by an intermunicipal agreement.

SECTION 5. The Littleton water department shall be the assessing board and may determine the amount of the betterments necessary to construct the improvements described in section 3 using a uniform unit method which shall be based upon the common main construction costs divided among the total number of existing and potential water units to be served after having allocated the town contribution, if any, and after having proportioned the cost of special (specific unit) and general benefit facilities. Each water unit shall be equivalent to a single family residence. Existing and potential uses shall be converted into water units on the basis of residential equivalents. When requested by the Littleton board of water commissioners, the town of Boxborough shall levy betterment assessments in connection with the engineering, permitting and construction of the water distribution system described in section 3. The assessments shall be collected by the town of Boxborough and remitted to the town of Littleton as determined by an intermunicipal agreement. Except as otherwise provided in this act, sections 42G to 42K, inclusive, of chapter 40 of the General Laws and chapter 80 of the General Laws relative to the apportionment, division, reassessment and collection of assessments and interest shall apply to assessments levied pursuant to this act.

SECTION 6. The board of assessors of the town of Boxborough may, and at the request of the owner of the land assessed shall, apportion all betterment assessments or unpaid balances thereof made under section 5 into a number of equal annual payments, not to exceed the number of years for which bonds are issued for the project for which the assessments are made. Such payments may be further apportioned and collected by the town on quarterly tax bills or a single tax bill at the option of the town. An owner of land assessed may pay the total amount due without a prepayment penalty. Any betterment assessments collected by the town pursuant to this act shall be remitted to the town of Littleton as determined by an intermunicipal agreement.

SECTION 7. The Littleton board of water commissioners may grant abatements in accordance with chapter 80 of the General Laws. Notwithstanding section 60 of chapter 59 of the General Laws, the board may receive abatement applications from the property owners of the parcels specified in section 3 and records of abatements. 

SECTION 8. The Littleton board of water commissioners shall be deemed to have an interest in the parcels of land specified in section 3 subject to betterments for as long as such betterments remain unpaid, in whole or in part, and the collector of the town of Boxborough may issue a separate tax bill for any such parcel to the board upon request, in accordance with section 22A of chapter 60 of the General Laws.

SECTION 9. Notwithstanding any general or special law to the contrary, the Littleton water department may regulate the use of water in the town of Boxborough by users of the water distribution system described in section 3. Such users shall be subject to water use by-laws or regulations promulgated by the town of Littleton or by the Littleton board of water commissioners and shall be subject to any penalties or fines prescribed in the by-laws or regulations.

SECTION 10. All property owners in the town of Boxborough authorized to connect to the system under this act shall first execute an agreement with the Littleton water department prior to connection wherein the property owner shall agree, for such time as it connects with the water distribution system, to limit its use of water to an amount determined in the agreement. The agreement shall be recorded in the Middlesex southern district registry of deeds and shall run with the land and be binding on the heirs, successors and assigns of the property owner. Any increase in water use shall be subject to available capacity and the approval of the Littleton water department.

SECTION 11. Notwithstanding section 4A of chapter 40 of the General Laws, the intermunicipal agreement executed between the towns of Littleton and Boxborough to provide water to the residents of the town of Boxborough pursuant to this act may exceed 25 years in duration and shall remain in effect until the Littleton board of water commissioners ceases to provide water to the properties identified in section 3.