Amendment #23 to H4165
Massachusetts Water Technology Innovation Trust Fund
Ms. Dykema of Holliston moves to amend the bill in Section 2A by adding, after item 7002-1504 the following item, and by inserting after Section 28 the following section:-
7002-XXXX For the Massachusetts Water Technology Innovation Trust Fund as established pursuant to section 9A of chapter 23J of the General Laws, within the Clean Energy Technology Center…………………………………………………………$5,000,000
SECTION XX. Section 1 of chapter 23J of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the definition of “Trust fund”, the following two definitions:-
“Water Technology Innovation”, advanced and applied technologies that may require less energy to operate and improve the management, treatment, distribution and efficient use of water resources including, but not limited to, drinking water, wastewater, stormwater, surface water, groundwater and salt water across a portfolio of uses, but not limited to, municipal, industrial, commercial, domestic and agricultural.
“Water trust fund”, The Massachusetts Water Technology Innovation Trust Fund established pursuant to section 9A.
SECTION XX. Subsection (a) of section 2 of said chapter 23J, as so appearing, is hereby amended by inserting after the third paragraph, the following paragraph:-
The center shall further promote the public interests by promoting water technology innovation and industry development in accordance with section 9A.
SECTION XX. Subsection (e) of said section 2 of said chapter 23J, as so appearing, is hereby amended inserting after the second paragraph, the following paragraph:-
The board shall appoint and employ a director for the water trust fund, and shall fix his compensation and conditions of employment. The director of the water trust fund shall report to the executive director. The director of the water trust fund shall have a full range of previous experience in the water technology industry.
SECTION XX. Subsection (a) of said section 3 of chapter 23J, as so appearing, is hereby amended by inserting after subparagraph (31), the following subparagraph:-
(32) to administer the water trust fund in accordance with Section 9A.
SECTION XX. Said chapter 23J of the General Laws, is hereby amended by inserting after section 9, the following section:-
Section 9A. (a) There is hereby established and placed within the center a separate fund to be known as the Massachusetts Water Technology Innovation Trust Fund. The center shall hold the water trust fund in an account or accounts separate from other funds. The fund shall be credited any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto, and any income derived from the investment of amounts credited to the water trust fund. All amounts credited to the water trust fund shall be held in trust and used solely for activities and expenditures consistent with the public purpose of the water trust fund as set forth in subsection (b), including the ordinary and necessary expenses of administration and operation associated with the water trust fund. Unless otherwise specified, all monies of the center, from whatever source derived, shall be paid to the treasurer of the center. Such monies shall be deposited, in the first instance, by the treasurer in national banks, in trust companies, savings banks and cooperative banks chartered under the laws of the commonwealth, or in other banking companies in compliance with section 34 of chapter 29. Funds in these accounts shall be paid out on the warrant or other order of the treasurer of the center and the director of the water trust fund or other person that the board may authorize to execute warrants.
(b) The center may make expenditures from the water trust fund for the public purpose of supporting a water industry cluster in Massachusetts and promoting the development of jobs in the water technology industry. Such expenditures may include, but shall not be limited to the following: (i) supporting the development of pilot and demonstration projects and other activities designed to advance the commercialization of promising water technologies in the commonwealth, (ii) supporting the creation and operation of testing and piloting facilities for the advancement of water technology, (iii) the provision of financial support for the development and application of water-related technologies at all levels including, but not limited to, basic and applied research and commercialization activities; and (iv) creation of funding programs including water technology challenges, international partnerships, relevant conference programs and other means of encouraging water technology innovation in the commonwealth.
(c) Public interests to be advanced through the center’s actions shall include, but shall not be limited to, the following: (i) the development and increased use and affordability of water technology innovation in the commonwealth and the New England region; (ii) the creation of additional employment opportunities in the commonwealth through the development of water technologies; (iii) the stimulation of increased public and private sector investment in, and competitive advantage for, water innovation technology and related enterprises, institutions and projects in the commonwealth and the New England region; and (iv) the stimulation of entrepreneurial activities in these and related enterprises, institutions and projects.
(d) In furtherance of any strategic and operational plans, and other public purposes and interests, and consistent with all of the powers otherwise granted to the center under section 3 of this chapter, the center may expend monies from the water trust fund to: make grants, contracts, loans, equity investments; provide financial or debt service obligation assistance; or take any other action, in such forms, under such terms and conditions and under such selection procedures as the center deems appropriate and otherwise in a manner consistent with good business practices; provided, however, that the center shall generally employ a preference for competitive procurements; provided further, that the center shall endeavor to leverage the full range of the resources, expertise and participation of other state and federal agencies and instrumentalities, as well as private industry, in the design and implementation of programs conducted pursuant to this section; and provided further, that the board determines and incorporates into the minutes of its proceedings a finding that such actions are calculated to advance the public purpose and public interests set forth in this section. The center may also expend monies from the water trust fund to employ the director of the water trust fund and to compensate the center for the reasonable costs of operation of the water trust fund.
(e) The board shall establish a water technology innovation advisory board to be appointed by the secretary of energy and environmental affairs. The advisory board shall consist of the executive director of the Center or her designee, the commissioner of the department of environmental protection or his designee, 2 members from the water technology innovation industry, 1 member who shall be a representative of a public water utility in the commonwealth and 1 member who shall be a representative of an institution of higher education in the commonwealth with knowledge and expertise in the field of water innovation. The advisory board shall meet periodically at such times and in such places as determined by its members. The advisory board shall make periodic reports and recommendations to the board of directors provided however that no such recommendations shall be considered binding upon the board of directors.
(f) The center shall have the ability to pursue water technology innovation and industry development activities described in this section unless and until the water trust fund ceases to have sufficient resources to do so.