Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding any general or special law to the contrary, the board of sewer commissioners of the town of Kingston shall not grant an application to connect land to the town’s municipal sewerage system unless there is at the time of the application available unused sewerage capacity in the municipal sewer system. For the purposes of this act “available unused sewerage capacity” shall mean the daily sewerage capacity available to the town under permit or municipal agreement, less the sum of (1) existing daily usage by the town; (2) the projected daily usage, calculated by the commissioners, that will result from the completion of all pending municipal sewer extension projects to which funds have been appropriated for design or construction; and (3) the projected daily usage, as calculated by the commissioners, that will result from all proposed connections to the existing municipal sewerage system for which applications have been received and approved. In determining the daily usage expected to result from pending projects, the commissioners may employ reasonable assumptions about the rate at which existing or potential users will connect to the municipal sewerage system after completion of those projects and shall take into account only demand that is foreseeable within 20 years of the date of calculation.
The commissioners shall determine and report publicly each year the available unused capacity of the system, not less than 30 days before the beginning of the fiscal year. In addition, the commissioners shall make a determination of effective capacity within 30 days after the effective date of this act and shall not approve any connections to the system until such determination is made.
SECTION 2. This act shall take effect upon its passage.
Approved August 9, 2006.