SENATE DOCKET, NO. 658        FILED ON: 1/14/2025

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 638

The Commonwealth of Massachusetts

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PRESENTED BY:

Mark C. Montigny

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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 resolve:

Resolve establishing a coastal waters wastewater financing commission.

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PETITION OF:

SENATE DOCKET, NO. 658        FILED ON: 1/14/2025

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 638

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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Resolve establishing a coastal waters wastewater financing commission.

Resolved, Notwithstanding any general or special law to the contrary, there shall be a special legislative commission to study and recommend specific revenue sources to fund essential wastewater infrastructure improvements in response to nitrogen pollution in southeastern Massachusetts near the Buzzards Bay watershed area specifically in the towns of Acushnet, Carver, Dartmouth, Fairhaven, Lakeville, Gosnold, Marion, Mattapoisett, Middleborough, New Bedford, Plymouth, Rochester, Wareham, and Westport.

The special legislative commission shall consist of 23 members and include the chairs of the joint committee on environment and natural resources, who shall serve as co-chairs; the secretary of the executive office of energy and environmental affairs or a designee; the secretary of the executive office of administration and finance or a designee; the executive director of the Southeastern Regional Planning and Economic Development District or a designee; the president of the Buzzards Bay Coalition, Inc. or a designee; the executive director of the One Southcoast Chamber, Inc. or a designee; 1 resident of the southeastern region to be appointed by the senate president; 1 resident of the southeastern region to be appointed by the speaker of the house of representatives; and 1 person to be appointed by the select board or mayor of each of the 14 affected communities. 

All appointees shall be made no later than 30 days following the effective date of this resolve. The co-chairs shall convene the first meeting of the special commission within 45 days of all appointments being made.

In the course of its deliberations, the commission shall make it a priority to examine the financial need of reducing nutrient pollution to the south coast’s coastal waters including the costs to (i) expand sewer infrastructure to connect more septic systems to sewerage, (ii) expanding capacity and upgrading the level of treatment at existing wastewater treatment facilities (iii) constructing additional wastewater treatment facilities to address expanded service areas, (iv) reducing combined sewer overflow (CSO) discharges, and (v) upgrading septic systems to nitrogen reducing systems.  Further, the commission shall examine (i) potential funding sources to finance wastewater infrastructure improvements and (ii) best practices for municipal financial policies and procedures.

The commission shall develop funding and financing recommendations to address wastewater infrastructure needs and to reduce nitrogen pollution in the southeastern region near the Buzzards Bay watershed area.  The recommendations shall identify fair and equitable means of financing wastewater infrastructure improvements to address nitrogen pollution.  The commission shall have the authority to work with outside experts to conduct necessary reviews; provide guidance on potential action plans; and provide economic analysis of financing sources.  The experts shall be specialists in the fields of tax and revenue, nutrient pollution, water quality, wastewater infrastructure, and any other fields that may be useful to implement the commission’s tasks.

The commission shall hold not less than two public hearings in the southeastern region to assist in the collection and evaluation of data and testimony. Experts may attend the public hearings to provide testimony and any other relevant information regarding the fulfilment of the commission’s objectives.

The commission shall prepare a written report detailing identified funding sources and its recommendations, if any, together with drafts of legislation necessary to carry those recommendations into effect. The commission shall submit its initial report to the governor, the secretary of the executive office of energy and environmental affairs, the clerks of the senate and house of representatives, the chairs of the house and senate committees on ways and means and the joint committee on environment and natural resources not later than 1 year after the effective date of this act.