Amendment ID: S2016-25

Amendment 25

Interbasin Transfer

Mr. Tarr moves to amend the bill by inserting after SECTION 2A the following new sections:-

“SECTION__. Section 8B of chapter 21 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following definition:-

“Transfer to address stressed basins”, an interbasin transfer of water to a basin that is determined by the commission, after consultation with the department of environmental protection, to experience ecological stress from degraded stream flows from a basin that is determined by the commission not to be significantly and adversely affected by the transfer.

SECTION _. Section 8C of said chapter 21, as so appearing, is hereby amended by adding the following 3 paragraphs:-

Transfers to address stressed basins shall be exempt from the approval requirements in section 8D; provided, that the municipality requesting the transfer has received a determination of public benefit from the department of environmental protection. In requesting a public benefit determination, a municipality requesting a transfer shall demonstrate to that department which sources in the receiving basin that it will discontinue upon receipt of the transfer. If such a request is not denied within 20 business days of the date the department receives the request, it shall be deemed approved.

Operators of sources in donor basins proposing to provide water to stressed basins may request a determination in advance from the commission as to the volume of withdrawals available without affecting stream flow in the donor basin. A determination by the commission of volume available from the donor basin will be effective for 3 years from date of issuance. Proposed transfers to stressed basins below the volume established by the commission shall be deemed not to have an impact on that basin.

The commission may promulgate regulations specifying the procedures to be followed in obtaining the exemption set forth in this section.”