Amendment ID: S3050-38-R2

2nd Redraft Amendment 38

Equitable Representation

Messrs. Oliveira and Gómez move that the proposed new draft be amended by inserting after section 68 the following section:-

 “SECTION 68A. (a) Notwithstanding chapter 40N of the General Laws or any other general or special law to the contrary the powers of the Springfield Water and Sewer Commission shall be exercised by a 7 member board of directors consisting of: 4 members to be appointed by the mayor of the city of Springfield and serve coterminous with the mayor; and 3 members appointed by the advisory board under subsection (d). Not more than 4 members may reside in the same municipality. Advisory board appointees shall serve 6-year terms, with initial phased terms ending June 30, 2026, June 30, 2028 and June 30, 2030, as designated at appointment.

(b) Members serve until successors are appointed and qualified and are eligible for reappointment. Vacancy appointments are for the unexpired term. Before serving, each member shall take an oath before the governor, filed with the secretary of the commonwealth. Members may be removed by the appointing authority for misfeasance, malfeasance, or willful neglect upon majority vote of the board of directors. The board shall elect a chair annually. Four members of the board of directors shall constitute a quorum, affirmative vote of four members shall be necessary and shall suffice for any action taken by the board of directors. Any action of the board may take effect immediately and need not be published or posted unless otherwise provided by law. No vacancy in the membership of the board of directors shall impair the right of a quorum to exercise the powers of the board of directors. The board is subject to chapter 30A §11A½ and other applicable public body and records laws, and the Commission is deemed a public agency with funds treated as public funds under chapter 12A.

(c) Notwithstanding any other provision of general or special law to the contrary, any member of the board of directors who is also an officer or employee of the commonwealth or of a city or town or other public body shall not thereby be precluded from voting for or acting on behalf of the Commission, the commonwealth or such city or town or other public body on any matter involving the Commission, the commonwealth or that city or town or other public body and any member, officer, employee or agent of the Commission shall not be precluded from acting for the Commission on any particular matter solely because of any interest therein which is shared generally with a substantial segment of the public. The Commission is deemed a state agency for purposes of chapter 268A and a governmental body under chapter 268B.

Section 2. (a) There shall be an advisory board to the Commission consisting of (i) a voting representative of each of the following cities and towns: Ludlow, Springfield, Wilbraham, the city known as the town of East Longmeadow, Longmeadow, the city known as the town of Agawam and the city known as the town of West Springfield and (ii) 2 persons who shall represent the interests of persons and communities in the Little River watershed area to be designated by agreement among the chairman of the boards of selectmen in the towns of Russel, Granville, and Blanford. The advisory board member representing a municipality shall be its chief executive officer; provided, however, that the chief executive officer may, file with the commission in writing a permanent designee to serve in their stead until the expiration or earlier vacancy of the officer’s term.

For purposes of this section, “chief executive officer” shall mean the person designated as the chief executive officer under a local charter or law having the force of a charter, or otherwise the mayor in a city and the chair of the board of selectmen or president of the town council in a town, as applicable.

(b) The advisory board shall have 100 total votes, 90 of which shall be divided on a fractional basis in the manner hereafter provided among the municipalities listed in clause (i) of the first sentence of subsection (a) and 10 of which shall be exercised by the representative designated in clause (ii) of said first sentence of said subsection (a). The fractional vote of the representative of each municipality shall be determined annually basis by the commission on a weighted basis by dividing a reasonable estimate of the charges for the commission's services to users in that municipality by a reasonable estimate of the charges for the commission's services to all users in all such municipalities. Each year, the determination of votes shall be certified to the advisory board by the commission; provided, however, that within 5 days of the effective date of this act the executive office of energy and environmental affairs shall prepare an interim voting value based on the most recent available annual records of the costs of water and sewer services, which interim voting value shall be conclusive upon the advisory board until July 1, 12026. Said advisory board may act at a regular periodic meeting called in accordance with its by-laws or at a special meeting called by the commission or by representatives of not less than 4 members of the advisory board. Except as specially provided in paragraph (e), a quorum of the advisory board shall consist of representatives who hold a total voting strength of  not less than 67 of the votes of the advisory board, and the advisory board may act, except as otherwise provided in paragraph (e), by the affirmative casting of a majority of the votes represented in the quorum. The advisory board shall be deemed a governmental body and subject to section 11A½ of chapter 30A and section 10 of chapter 66 of the General Laws.

(c) The advisory board shall adopt by-laws and elect officers annually including a chair, a vice chair and a secretary and such other officers as said advisory board may determine. Officers shall serve until successors are chosen and may be removed with or without cause. Vacancies are filled by the advisory board for unexpired terms. Members shall serve without pay but may be reimbursed for approved expenses.

(d) The purposes of the advisory board shall be as follows: (i) to appoint three members of the board of directors of the commission;

(ii) to consider matters committed to the approval of the advisory board; (iii) to make recommendations to the commission on annual current expense expenditure budgets submitted to the advisory board;

(iv) to make recommendations to the commission on its charges;

(v) to hold hearings, which may be held jointly with the Commission at the discretion of the advisory board and said commission, on matters relating to said commission;

(vi) to review the annual report of the commission and to prepare comments thereon to the commission and the governor, and to make such examinations of the reports on the commission's records and affairs as the advisory board deems appropriate; and

(vii) to make recommendations to the governor and the general court respecting the commission and its programs. The advisory board shall have all powers necessary or convenient to carry out and effectuate the foregoing purposes.

(e) The advisory board shall appoint three members to the commission’s board of directors, who may also serve on the advisory board. Appointments require a special quorum of a majority of voting members and approval by a majority of those present, with one vote per member. No appointee may serve more than two consecutive terms, excluding partial terms under 6 years due to vacancy or initial appointment.

(f) The advisory board shall hold a public hearing within 30 days of receiving a proposed budget or within 15 days of a budget amendment to gather public input and report findings to the commission.

(g) The advisory board shall appoint an ombudsman who, with any staff and consultants authorized by the advisory board, shall act on behalf of the advisory board as follows:

(i) preparing analyses for the advisory board of the commission’s current expense budgets, capital expenditure budgets and capital programs, and their effect on the commission’s charges;

(ii) representing the advisory board to the commission in matters relating to its programs, operations, finances and charges;

(iii) reporting regularly to the advisory board on the activities of the ombudsman and advisory board staff, on the affairs of the commission, and on the effect of the commission’s programs and operations on consumer water and sewer costs; and

(iv) performing such other duties consistent with the advisory board’s powers as the advisory board may assign.

(h) The advisory board may incur not more than $100,000 annually in expenses under paragraph (c). Costs shall be paid by the commission beginning July 1, 2026 from state-appropriated funds and thereafter included in the commission budget. The cap may be increased upon commission approval of justification.

(i) The Commission shall amend its bylaws and organizational documents by December 31, 2026, to conform to this act.”.