SECTION 1. Paragraph (d) of section 8 of chapter 372 of the acts of 1984, as most recently amended by section 1 of chapter 383 of the acts of 2016, is hereby further amended by inserting after the word "Northborough", in line 7, the following words:-, "North Sherborn Water and Sewer District".

SECTION 2. There is hereby created within the Town of Sherborn, a body politic and corporate and political subdivision to be known as the North Sherborn Water and Sewer District. The District shall serve the purpose of obtaining, treating, and distributing water for fair consideration for domestic use and extinguishing of fires with the power to lay water mains, establish a water distribution system, establish fountains and hydrants and relocate and discontinue the same within the territorial limits of the District, and to regulate the use of such water and fix and collect rates to be paid therefor, and construct and finance such facilities as may be necessary to deliver healthful drinking water, and impose fees as hereinafter provided for the payment of such services and defraying necessary expenses of and the carrying on of the business of the District, subject to the General Laws relating to water districts, except as otherwise provided herein. The District shall also serve the purpose of furnishing sewer services with the power to lay out, construct, maintain and operate a system or systems of common sewers and drains in public or private ways with such connections and other works within the territorial limits of the District as may be required for a system or systems of sewerage and drainage, and sewage treatment and disposal, and to regulate the use of such sewers and fix and collect rates to be paid therefor, and construct and finance such facilities as may be necessary to sewer services, and impose fees as hereinafter provided for the payment of such services and defraying necessary expenses of and the carrying on of the business of the District, subject to the General Laws relating to sewer districts, except as otherwise provided herein. For these purposes, the District may seek, obtain, and accept any available capital and operating funds from the Commonwealth, the federal government or any authority or entity created by the Commonwealth or the federal government, and accept donations, gifts of capital, operating funds, lands, easements, equipment, or facilities from public or private sources. The District may prosecute and defend all actions related to its affairs and property. The District may, by a positive vote of 4 of 5 members of its Commission, enter into one or more intermunicipal agreements with the Town of Sherborn and the City of Framingham, or either of them, under section 4A of chapter 40 of the general laws, for a term not to exceed 50 years, and may, if authorized by such agreement or agreements, install, maintain, replace, repair, relocate and discontinue water mains, sewers, drains, pumping stations, pipes, manholes and any other parts of its water works system and sewer system in the public ways of the Town of Sherborn and the City of Framingham. The District and all of its revenue, income, and real property shall be exempt from taxation, and the District shall not be required to pay any tax, excise, or assessment to or for the Commonwealth or any of its political subdivisions. Bonds issued by the District and their transfer and the income therefrom, including any profit made on the sale thereof, shall be exempt from taxation within the Commonwealth.

SECTION 3. Notwithstanding sections 1 and 2, the provision of water and sewer services by the Massachusetts Water Resources Authority through its connection in Framingham to the District shall commence only after the Board of Directors of the Authority has voted approval after having first made the findings as required by clauses (1) to (6), inclusive, of paragraph (d) of section 8 of chapter 372 of the acts of 1984 (the Authority's enabling legislation) and having made such other determinations in accordance with applicable policies of the Authority and after all required approvals have been received including, as applicable, other regulatory bodies where required and the Advisory Board of the Authority, but section 71 of said chapter 372 (limiting the addition of new communities to the Authority's service area) shall not apply.

SECTION 4. As used in this act, the following words shall, unless the context requires otherwise, have the following meanings:-

"Authority", the Massachusetts Water Resources Authority.

"Bonds" or "bond", general obligation bonds, notes or other obligations or evidences of indebtedness that the Commission of the District has authorized or issued to finance the acquisition of and improvements to any water works system or wastewater management system that is or shall be operated and managed by the District prior to the effective date of this act, or that the Commission authorizes and issues after said effective date by a positive vote of 4 of 5 Commissioners, to pay for capital costs of the District, including land acquisition within the District, which shall be issued for a term not to exceed 50 years, and which shall otherwise be issued in accordance with the provisions of chapter 44 of the general laws. A bond issued in accordance with this act shall be arranged so that the amounts payable over a term of years for principal and interest combined shall be as equal as practicable in the opinion of the officers authorized to issue the bonds or, in the alternative, in accordance with a schedule that provides a more rapid amortization of the principal. A bond issued by the District shall not be included in any debt or other limitation pursuant to any general or special law including, without limitation, any debt limit applicable to the Town of Sherborn. A bond issued in accordance with this act not paid by the District as it becomes due and payable shall constitute a pledge of the full faith and credit of the District and a debt of the District within the meaning of section 23 of chapter 59 of the general laws. A bond issued pursuant to this act shall be signed by 4 of 5 members of the Commission.

"Capital costs", an extension, improvement or enlargement of the water works system or wastewater management system of the District or any other project of the District financed under this act; all or any part of the cost of acquisition, construction, reconstruction, alteration or remodeling of such works including, but not limited to, the costs oflabor, materials, machinery, equipment, and supplies; demolition, removal or relocation of any public utilities facilities; the acquisition of interests in land, structures and rights of any kind in real and personal property; financing charges and expenses; interest prior to, during and for a period not to exceed 6 months after completion of such work; reserves for debt service and other capital and current expenses; costs of architectural, engineering, financial, legal, environmental, or consulting services, including costs of plans, specifications, appraisals, surveys, inspections, analysis, or financial and feasibility studies; administrative and operational expenses incurred prior to the commencement of and during such work; and other expenses of completing and commencing operation of such work, working capital, and other necessary or incidental expenses related to the acquisition, construction, financing and placing in operation of such work.

"Commission", the governing board of the North Sherborn Water and Sewer District or, if the North Sherborn Water and Sewer District Commission shall terminate, the succeeding person, board, body or commission to whom the powers given by this act shall have been transferred by law.

"Current expenses", the District's current expenses, whether or not annually recurring, for maintaining, repairing and operating the water works system or wastewater management system and any other properties of the District including, but not limited to, administrative costs; debt service on bonds; payroll and employee benefits; engineering expenses for maintenance, operation and repairs; legal, financial and auditing expenses; insurance and surety bond premiums; fees and expenses of trustees and paying agents; payments to others for services rendered to the District; taxes or fees which may be lawfully imposed upon the District or its income or operations or property under its control; and other current expenses required or permitted by law to be paid by the District, including the funding of reasonable reserves for maintenance, repair, replacements or operations.

"District", the North Sherborn Water and Sewer District established in this act, said District to comprise the geographical area shown as the "North Sherborn Water and Sewer District" on the plan entitled "Plan of the North Sherborn Water and Sewer District" dated November 8, 2023 (the "Plan"), which is on file in the Sherborn town clerk's office and recorded in the Middlesex South Registry of Deeds in book 2023, page 784, being all of the land in Sherborn north of the line that is shown on the Plan as "District Boundary Line".

"Municipality" or "Town", the Town of Sherborn, Massachusetts.

"Rental Housing Project", the rental housing complex to be located on a portion of Lot 55 as shown on Map 5, Block 0 of the Sherborn Assessors' Maps, being the largest anticipated water and sewer user of the District.

"Revenues", all revenues, rates, fees, charges, rents and other receipts derived from the operation of the water works system or the wastewater management system and the other properties of the District including, but not limited to, proceeds of bonds, proceeds of any grant or loan to the District, investment earnings and the proceeds of insurance, condemnation, sale or other disposition of properties.

"Senior Housing Project", the age-restricted housing complex to be located on Lots 32, 48A and portion of 55 as shown on Map 5, Block 0 of the Sherborn Assessors' Maps, being the second-largest anticipated water and sewer user of the District.

"Water works system", the water treatment and distribution system in the District and under the jurisdiction, ownership, control and regulation of the District including, but not limited to, the plants, works, instrumentalities or parts thereof; lands, easements, rights in land, water and flowage rights, approaches, water courses, rights of way, contract rights, franchises and privileges, all connections, dams, wells, reservoirs, water mains and pipe lines, equipment, buildings, structures, pressure boosting components, vehicles, standpipes, tanks, conduits, meters, hydrants, fire connections and fixtures of the system; purification, filtration and treatment works and other adjuncts thereto; other real or personal property interests incidental to and included in the system; and all facilities, betterments, extensions, improvements and enlargements thereto and to or for the system hereafter constructed or acquired.

"Wastewater", greywater and blackwater from domestic, municipal and other governmental and institutional uses; provided, however, that wastewater shall not include industrial waste as defined in 310 CMR 15.002.

"Wastewater management system", the wastewater collection, conveyance, treatment and disposal systems serving one or more facilities to be constructed or to be in the possession of and under the jurisdiction, ownership, control and regulation of the District including, but not limited to, the plants, works, instrumentalities or parts thereof; lands, easements, rights in land, rights of way, contract rights, franchises and privileges, all connections, sewer mains and pipe lines, equipment, buildings, structures, pressure boosting components, vehicles, standpipes, tanks, conduits, meters and fixtures of the system; other real or personal property interests incidental to and included in the system; and all facilities, betterments, extensions, improvements and enlargements thereto and to or for the system hereafter constructed or acquired.

SECTION 5. Except as provided herein, said installation, ownership, operation, and maintenance shall be subject to the state and local laws and regulations.

SECTION 6. The Commission of the District is hereby constituted and shall exercise the powers conferred by this act, which shall be deemed to be the performance of an essential public function. The Commission shall not be subject to the supervision of the Municipality or of any department, commission, board, bureau, or agency of the Municipality except as provided in this act. Except as otherwise provided in this act, the powers of the Commission shall be exercised by a board of five members, one of which shall be appointed by the owner or manager of the Rental Housing Project, one shall be appointed by the condominium or homeowners association of the Senior Housing Project, two shall be appointed by the Town of Sherborn Select Board, and one shall be appointed by the Town of Sherborn Water Commissioners. Each of the members appointed by the Rental Housing Project and the Senior Housing Project shall initially be appointed to a three year term. The member appointed by the Water Commissioners shall initially be appointed to a two year term. Of the initial members appointed by the Select Board, one shall initially be appointed to a three year term and the other to a two year term. As the terms of each of the initial members expire, their successors shall be appointed as aforesaid to terms of three years each, provided that nothing herein shall prevent the said water and sewer users or the Town from re-appointing any member to a second or subsequent term. A vacancy in any position shall be filled by the entity that originally appointed the member whose position has been vacated. Until the initial members of the Commission are appointed in accordance with this section, the Select Board of the Town shall appoint five registered voters of the Town as members. Four members of the Commission shall constitute a quorum and the affirmative vote of four members shall be necessary for any action requiring a vote of the Commission. Any such action shall take effect immediately unless otherwise provided. The Commission shall annually elect one of its members to be its Chair. The Commission may establish a reasonable annual compensation for its members. The Commission may reimburse any member for the reasonable and necessary expenses incurred in the discharge of the member's official duties as approved by the Commission. The District shall be deemed to be a public employer and its members, officers and employees shall be deemed to be public employees as defined in section 1 of chapter 258 of the General Laws.

SECTION 7. The Commission may appoint, employ and determine the compensation, duties and conditions of employment of or contract for a superintendent or entity providing operational and management functions for the District, who shall not be a member of the Commission or an entity controlled by any member of the Commission, and who shall serve at the pleasure of the Commission. The Commission may designate a superintendent to be the chief operating officer of the District to administer and direct its affairs as authorized or approved by the Commission and who may have and execute the powers and duties of the Commission as the Commission may have delegated to the superintendent and not recalled. The clerk of the Commission shall keep a record of the proceedings of the Commission and shall be custodian of the books, documents and papers filed with the District. The superintendent or any member or person designated by the Commission as clerk may cause copies to be made of the minutes and other records and documents of the District and may certify that such copies are true copies and a person dealing with the District may rely upon such certification. The Commission shall employ a treasurer who shall be responsible for the maintenance of the District's funds, the payment of its obligations and the billing of its customers. The District treasurer shall be responsible for the collection of all sums owed to the District, except to the extent that the services of the Town's tax collector are used as set forth below. The Commission may hire, contract with, or otherwise appoint or employ legal counsel, financial advisors and other experts, engineers, agents, accountants, clerks, consultants, operators, and employees as it deems necessary, and may indemnify its members, officers, employees, or agents against liability. The Commission may purchase insurance for itself or a member, officer, employee, or agent against liability that may arise out of an individual's status as such, whether or not the Commission would have the power to indemnify such member, officer, employee, or agent against such liability. The Commission shall operate on a fiscal year commencing on July 1 of each year unless otherwise provided by the Commission.

SECTION 8. The District may, through its Commissioners, contract with any municipality, water company, water district, sewer district, or other entity for the purchase, acquisition by other means or sale of whatever water, waterworks, sewer services, or wastewater management system that may be required, furnish or purchase the same and enter into such contracts as may be necessary to effectuate the purposes of this act, including, without limitation, collection of revenue, data processing, and other means of management, administration, and operation, all subject to the District's financial means.

SECTION 9. The Commission shall have all the rights and powers necessary or convenient to carry out and implement this act, including, but not limited to, the rights and powers:

(a) to adopt by-laws regulating the call of District meetings and administrative procedures to operate the Commission;

(b) to adopt rules, regulations, and procedures in connection with the performance of its functions and duties, and regarding the use of, the District's system;

(c) to provide by regulation for civil penalties not to exceed $300 per day, which shall inure to the District, for the violation of its rules, orders, or regulations and to assess fines for violation of its rules and regulations;

(d) to maintain an office in the Town at a place as it may determine;

(e) on behalf of the District to apply for, receive, accept, administer, expend or comply with the conditions, obligations or requirements of, a grant, gift or loan, including without limitation a grant, gift or loan from local, state or federal government agencies, donation or appropriation of property or money to support the purposes of the Commission or contributions of money, property, labor or other things of value;

(f) to acquire, in the name of the District, by purchase, lease, lease-purchase, sale and leaseback, gift or devise, or to obtain options for the acquisition of any property, real or personal, tangible or intangible, or any interest therein, in the exercise of its powers and the performance of its duties;

(g) to acquire, sell, lease, mortgage, exchange, transfer or otherwise dispose of, or to grant options for any such purpose relative to, any property held by it, including real or personal, tangible or intangible property, or any interest therein, consistent with the general laws;

(h) to enter onto any land within the District to make surveys, borings, soundings and examinations thereon, provided that the Commission shall make reimbursements for any injury or actual damage resulting to such lands and premises or caused by any act of its authorized agents or employees and shall, so far as possible, restore the land to its condition prior to making such surveys, borings, soundings or examinations;

(i) to contract for and purchase water supply, treatment and distribution services, and sewer services, including treatment and disposal services, from any person or entity within or without the District, and to provide such services to any person or entity within the District, as the Commission shall determine to be in the best interests of the District;

(j) to construct, improve, extend, enlarge, maintain or repair the water works system or the wastewater management system and to occupy and operate, extend, enlarge, maintain or repair any portion of the water works system or the wastewater management system owned by the District, upon the terms and conditions determined by the Commission;

(k) to use monies borrowed or appropriated by the District for the purposes of this act;

(l) to make contracts for the purchase of supplies, materials, and services, and for the purchase or lease of land, buildings and equipment, as considered necessary by the Commission, and to execute and deliver all instruments necessary or convenient for carrying out any of its purposes;

(m) to create an overall water and sewer policy and plan for the District;

(n) to do all things necessary, convenient or desirable for carrying out the purposes of this act or the powers expressly granted or necessarily implied in this act;

(o) consistent with the constitution and laws of the Commonwealth, to have other powers as may be necessary for or incident to carrying out the foregoing powers and to accomplish the purposes of this act; and

(p) to enter into one or more intermunicipal agreements with the Town and other governmental entities for the provision of water and sewer services, in accordance with section 4A of chapter 40 of the general laws, provided that the intermunicipal agreement described in section 2 may have a term of up to 50 years.

SECTION 10. In addition to the powers of the Commission otherwise provided in this act, the Commission shall have the following powers and shall be subject to the following limitations:

(a) The Commission may fix, revise, charge, collect and abate fees, rates, rents, assessments, delinquency charges, lien or other charges for water supply, treatment and distribution services, and for sewer services, and for all facilities and commodities it furnishes or supplies in connection therewith. Subject to clause (c), fees, rates, rents, assessments, delinquency charges and other charges of general application shall be adopted and, as necessary, revised by the Commission at least annually upon the positive vote of four of the five Commission members in accordance with procedures to be established by the Commission for ensuring that interested persons are afforded notice and an opportunity to present data, views and arguments. The Commission shall hold at least one public hearing on its schedule of fees, rates and charges or any revision thereof prior to its adoption, notice of which shall be delivered to the Select Board of the Town and published in a newspaper of general circulation in the Town at least two weeks in advance of the hearing. Not later than the date of such advance notice, the Commission shall make the proposed schedule available to the public. The Commission may combine its fees, rates and other charges for services provided by it in a single schedule. Fees, rates, rents, assessments, abatements, and other charges established by the Commission shall not be subject to supervision of or regulation by any department, division, commission, board, bureau, or agency of the Town or Commonwealth or any political subdivision. In order to provide for the collection and enforcement of any charges for fees, rates and other charges, the Commission shall have the benefit, (i) without further acceptance of sections 42A to 42F, inclusive, of chapter 40 of the general laws or filing of any certificate relating thereto, of liens for unpaid fees, rates, rents, assessments and other charges as provided in sections 42A and 42B of said chapter 40 to the extent applicable and consistent with this act, and (ii) without further acceptance of sections 16A to 16F, inclusive, of chapter 83 of the general laws or filing of any certificate relating thereto, of liens for unpaid fees, rates, rents, assessments and other charges as provided in sections 16A and 16B of chapter 83, to the extent applicable and consistent with this act. The Commission shall certify to the Town's tax collector any fee, rate or charge for which a lien has arisen, and the Town's assessors shall add them to the property tax assessed on the property to which it relates when the annual assessment of Town property taxes is made. The Town's tax collector shall act as collector for the District with respect to unpaid rates, fees and charges, and shall collect the rate, fee or charge as provided in section 42D of said chapter 40. The Town's tax collector or Town treasurer shall pay over to the District any amounts collected on account of such rates, fees or charges.

(b) Subject to clause (e), the fees, rates, rents, assessments and other charges established by the Commission in accordance with clause (a) shall be fixed and adjusted relative to the aggregate thereof so as to provide revenues sufficient: (i) to pay the current expenses of the Commission; (ii) to pay the principal, premium, and interest on bonds for costs as they become due and payable; (iii) to create and maintain such reasonable reserves as may be reasonably required by the Commission or by any trust agreement or resolution securing bonds issued by the District on account of capital costs; (iv) to provide funds for paying the costs of all necessary repairs, replacements and renewals of the water and sewer systems; and (v) to pay or provide for any amounts which the Commission may be obligated to pay or provide for by law or contract, including a resolution or contract with or for the benefit of the holders of bonds issued for the Commission. The Commission shall establish an annual operating budget, and may allocate the use of such amounts as it shall, in its sole discretion, determine.

(c) The Commission shall undertake a study and examination of its estimated expenses and costs of maintaining, operating and improving the system, and shall, one year after the effective date of this act, promulgate, in accordance with clauses (a) and (b), a schedule of fees, rents, rates and other charges. The schedule shall become effective upon promulgation and shall provide for the metering, monitoring and other measuring of, and charging for, water supply, treatment, and distribution services and sewer services provided by the Commission to consumers of such services in the District.

(d) The District may make special assessments under sections 42G, 42H, 421 and 42K of chapter 40 of the general laws, and otherwise, by vote of the Commission. The Commission shall certify any District special assessment or betterment to the Town's assessors, and the assessors shall commit them to the Town's tax collector as provided in chapter 80 of the General Laws. The Town's tax collector shall act as collector for the District for the purpose of collecting any betterments or special assessments as provided in chapter 80. The collector shall include on municipal lien certificates of the Town any District water and sewer rates, fees or charges that are liens, and shall issue certificates under section 12 of said chapter 80 to dissolve liens for special assessments or betterments of the District when such assessments or betterments have been paid in full or abated. The District shall, at the request of the Town, include in each budget compensation to the Town for any services rendered and expenses incurred by town officers with respect to the District, including without limitation any services rendered by the Town's Assessors, Tax Collector or Treasurer.

(e) For purposes of operation of the water treatment and distribution system and the wastewater management system, the District is hereby authorized upon the positive vote of four of the five Commission members to establish and maintain (i) a reserve fund, which may carry over the remaining balance of such fund into the ensuing fiscal year; and (ii) an enterprise fund in accordance with the provisions of section 53Fl/2 of chapter 44 of the general laws.

(f) A water treatment and distribution system and wastewater management system shall be subject to the applicable rules and regulations of the Town and the applicable laws of the Commonwealth and shall comply with any approval required thereunder.

SECTION 11. Notwithstanding the provisions of section 13 of chapter 80 of the general laws, or the provisions of any other general or special law to the contrary, any assessment made by the District to one or more property owners on account of a betterment project specially affecting their property may be apportioned into such number of equal portions to be paid, one portion per year, as may be determined by the District.

SECTION 12. The Commission shall calculate a quantity of water and sewer capacity to be reserved for the use of the Rental Housing Project, the Senior Housing Project, and all other properties within the District as of October 17, 2023, taking into account the uses actually in effect on such other properties at that time, and the additions to existing single and two-family structures reasonably anticipated in the future, which shall be known as the "Reserved Capacity." Any excess of the amount of water and sewer capacity available to the District under the intermunicipal agreement described in section 2 over the Reserved Capacity shall be known as the "Excess Capacity." The Rental Housing Project and the Senior Housing Project shall be connected to the District's water distribution system and sewer system provided that the number of dwelling units previously authorized by the Town is not exceeded and provided that the owner pays the District, in advance, all costs reasonably anticipated in connection with connecting such systems from the public way to such owner's property, including without limitation all engineering and construction costs. Any other lot existing as of October 17, 2023 shall be connected to the District's water distribution system and/or sewer system upon request of the owner, provided that the District shall have installed appropriate pipes in the way abutting such owner's land and that such owner pays the District, in advance, all of the said costs of connection, and provided that the use of such lot (including the number of dwelling units thereon) has not changed since October 17, 2023. Except as set forth below, no property in the District may receive water or sewer services if any structure thereon shall have been reconstructed or enlarged, or if the use of such property shall have been expanded, changed or altered after October 17, 2023, unless the owner has applied for and received the approval of the Commission. No lot in the District may receive water or sewer service if such lot shall have been divided or subdivided by any means, including without limitation a division pursuant to G.L. c. 41, § 81P or a subdivision under G.L. c. 41, §§ 81K-81GG, inclusive, following October 17, 2023, except with the approval of the Commission. The Commission shall grant approval for the use or continued use of a water or sewer connection despite such reconstruction, enlargement, expansion, change or alteration, and shall approve connections with respect to lots created by such division or subdivision, if the Commission determines that the water and sewer capacity required thereby is then available to the District within the Excess Capacity, after taking into account any previous allocations from the Excess Capacity. The Commission shall allocate the Excess Capacity required by any project as of the earliest date when all approvals required for such project from local public bodies have been issued and have become final and unappealable. Any approval under this section shall further be contingent on the owner's paying the District, in advance, all costs reasonably anticipated in connection with such inclusion, including without limitation all engineering and construction costs. Notwithstanding any other provision hereof, no approval from the Commission shall be required under this section for (a) the reconstruction, enlargement, expansion, change or alteration of existing single or two-family residential structures provided that both the use of the property, within the meaning of the zoning bylaws, and the number of dwelling units in such existing structures shall remain unchanged, or

(b) the addition of an accessory apartment in a single-family residential structure. If the Reserved Capacity then available is insufficient to accommodate the changes described in clauses (a) and/or (b), the District may utilize any available Excess Capacity. No amendment of the said intermunicipal agreement that would increase the water or sewer capacity made available to the District shall be effective until approved by a majority vote of an annual or special town meeting of the Town.

SECTION 13. This act, being necessary for the welfare of the Town and its inhabitants, shall be liberally construed to effect its purposes.

SECTION 14. This act shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of this act, all steps shall be taken which are necessary to meet constitutional requirements whether or not such steps are required by statute.

SECTION 15. This act shall take effect upon its passage.