Amendment #391 to H3400

Local Enterprise Fee

[Sponsors] Representative Winslow of Norfolk moves to amend the bill by inserting after section XX the following section: -

“Section XX.  Notwithstanding any special or general law to the contrary, by vote of the board of selectmen or city council, any town or city that maintains an enterprise fund, established pursuant section 53F1/2 of chapter 44, or authority separate from the general fund for purposes of municipal water, sewer or power may assess a reasonable annual easement licensing fee not to exceed one cent per square foot against said fund or authority to reimburse the town or city for the use of municipal rights of way for pipes, poles and wires.  In determining such assessment, the board of selectmen or city council shall configure an easement of sufficient dimension to permit maintenance of such pipes, poles or wires; provided that the amount assessed annually shall be capped by a minimum reserve in such enterprise fund or authority of 2 percent of the average annual operating costs paid by said fund or authority for the preceding five years.  Subject to such cap, by vote of the board of selectmen or city council, any town or city may backcharge said enterprise fund or authority the costs of repaving public ways from curb to curb on one occasion in any section of public way where the enterprise fund or authority created a trench cut and patch in the pavement, for any section of public way so disturbed by the enterprise fund or authority at any time after fiscal year 2007."