Bill Text: MA H825 | 2009-2010 | 186th General Court | Introduced
Bill Title: Establishing a special water infrastructure finance commission to develop a comprehensive, long-range water infrastructure finance plan for the Commonwealth and its municipalities
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-28 - Referred to the HOUSE RULES [H825 Detail]
Download: Massachusetts-2009-H825-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Jeffrey Sánchez
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act to establish the water infrastructure finance commission.
_______________
PETITION OF:
Name: |
District/Address: |
Jeffrey Sánchez |
15th Suffolk |
Stephen L. DiNatale |
3rd Worcester |
Louis L. Kafka |
8th Norfolk |
Kate Hogan |
3rd Middlesex |
James J. O'Day |
14th Worcester District |
Bruce E. Tarr |
First Essex and Middlesex |
Jennifer Benson |
37th Middlesex |
George N. Peterson, Jr. |
9th Worcester |
David M. Nangle |
17th Middlesex |
Denise Provost |
27th Middlesex |
Geraldo Alicea |
6th Worcester |
Sonia Chang-Díaz |
Second Suffolk |
Cheryl A. Coakley-Rivera |
10th Hampden |
Anne M. Gobi |
5th Worcester |
Paul McMurtry |
11th Norfolk |
Ann-Margaret Ferrante |
5th Essex |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE HOUSE, NO. 855 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act to establish the water infrastructure finance commission.
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. (a) There shall be a special water infrastructure finance commission to develop a comprehensive, long-range water infrastructure finance plan for the commonwealth and its municipalities.
Section 2. The commission shall
consist of the commissioner of environmental protection or his designee, the
state treasurer or his designee, 1 member of the senate; 1 member of the house
of representatives; 1 person to be appointed by the president of the senate and
1 person to be appointed by the speaker of the house of representatives, each
of whom shall be a representative of a planning organization, environmental
consumer organization or other public interest organization; 1 person to be
appointed by the minority leader of the senate and 1 person to be appointed by the
minority leader of the house, each of whom shall be from different geographic
regions of the commonwealth and who shall be representatives of the business
community; a representative of the Boston Water and Sewer Commission; and 9
persons to be appointed by the governor who shall not be employees of the
executive branch and who shall reside in different geographic regions of the
commonwealth, 1 of whom shall be a representative of the American Council of
Engineering Companies of Massachusetts, 1 of whom shall be a representative of
the Utility Contractors Association of New England, 1 of whom shall be a
representative of the Massachusetts Waterworks Association, 1 of whom shall be
a representative of the Massachusetts Municipal Association, 1 of whom shall be
a representative of Clean Water Action, 1 of whom shall be a representative of
Associated Industries of Massachusetts, 1 of whom shall be a representative of
the Environmental League of Massachusetts, 1 of whom shall be a representative
of the Conservation Law Foundation and 1 of whom shall be a representative of
the Massachusetts Water Pollution Control Association. The aforementioned
organizations shall provide a list of at least 3 but not more than 5 candidates
for consideration by the governor. Each of the members shall be an expert or
shall have experience in the field of law or public policy, water, wastewater
or storm water planning, design and construction of water, wastewater or storm
water projects, utility management, management consulting or organizational
finance; provided, however, that at least 1 member shall have expertise in
organizational finance. The governor shall designate a member to serve as the
chairperson of the commission but the chairperson shall not be the commissioner
of environmental protection, the state treasurer or their designees. The
members of the commission shall be appointed not later 90 days after the
effective date of this act and serve until the completion of the long-range
infrastructure finance plan.
Section 3. In the course of its deliberations, the commission shall make it a
priority to examine the technical and financial feasibility of sustaining,
integrating and expanding public water systems, conservation and efficiency
programs, wastewater systems and storm water systems of municipalities and the
commonwealth, including regional or district systems. Further, the commission
shall: (1) examine the water infrastructure needs of the commonwealth for the
next 25 years as they relate to the funding gap between the water
infrastructure needs of the commonwealth and the existing, available sources of
funding; (2) develop mechanisms for additional funding for water infrastructure
by increasing investment in critical water, wastewater, storm water and water
conservation infrastructure; (3) provide mechanisms for improvements in the
handling and management of water programs; (4) examine the potential threats to
public health and public safety from the existing shortfalls in funding for
water infrastructure; (5) examine and develop recommendations on ways in which
the commonwealth and its municipalities may meet operation and maintenance, and
capital improvement and reconstruction needs for the next 25 years including,
without limitation, recommendations regarding debt reduction, enhancing
existing sources of revenues, developing new sources of revenues, establishing
new incentives for public-private partnerships in the development of real
property resources and funding resources; and (6) examine the expanded use of
full accounting systems and enterprise funding, asset management systems and
best management practices, compliance with chapter 21G of the General Laws and
Massachusetts water policy, and current federal and state funding programs.
The commission shall examine the finances of the various municipalities and regional water districts, including state and federal aid levels, and make recommendations for improvements to financial policies and procedures. The commission shall identify areas where cost savings can be achieved across water agencies by consolidation, coordination and reorganization. The commission shall examine the projected federal funding, projected state funding, projected local funding, projected fee-based funding, debt financing and any other sources of projected funding to finance water infrastructure needs identified by the commission.
Section 4. The commission shall develop recommendations as to what funding or finance measures the commonwealth or its municipalities may pursue to satisfy any unmet funding needs identified by the commission. The recommendations shall also include any recommendation for interagency agreements, intermunicipal agreements, consolidations or mergers to enable the commonwealth and its municipalities to make the most effective use of water funding resources. The recommendations shall identify fair and equitable means of financing water infrastructure investments through taxes, fees, user charges or other sources.
Section 5. The commission may hold public hearings to assist in the collection and evaluation of data and testimony.
Section 6. The commission shall prepare a written report detailing its financials relative to identified funding sources and its recommendations, if any, together with drafts of legislation necessary to carry those recommendations into effect. The commission shall submit its initial report to the governor, the secretary of environmental affairs, the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on the environment not later than 2 years after the effective date of this act.
Section 7. Any research, analysis or other staff support that the commission reasonably requires shall be provided by the executive office of environmental affairs and its agencies, with assistance from the Massachusetts Water Resources Authority.