Section 39K. (a) Any city or town which accepts the provisions of this section either by a majority vote of the city or town council or by majority vote at an annual town meeting, may establish a drinking water protection district in conjunction with at least one other city or town sharing a common drinking water resource, including but not limited to an aquifer, a recharge area or a watershed. Said drinking water protection district shall be for the purposes of water conservation, resource management and protection, and resource planning of drinking water supplies in said district including public wells, reservoirs and aquifers which are affected by more than one such city or town.
The drinking water protection commission shall be composed of two members from each municipality in said district to be appointed by the mayor of a city or the board of selectmen of a town for a term of three years.
Each city or town in said district shall adopt a pricing system which charges all users of public or private water supplies within said city or town for protection of water resources. Said pricing system shall not impose a charge in excess of ten percent of the annual cost of water as charged by metered service or fixed rate. If service is without meters or if the water supply is private, a flat fee may be charged; provided, however, that such flat fee shall not exceed ten percent of the average annualized residential or commercial metered use whichever is applicable in such city or town; and provided, further, that in a city or town without a public water system a flat fee to be established by a majority vote of an annual town meeting, town council or city council, whichever is applicable shall be charged.
Such charges or fees collected under the provisions of this section shall be forwarded to the drinking water protection commission which shall deposit the same in the Drinking Water Protection Fund established under subsection (b).
(b) There is hereby established in each drinking water protection district a Drinking Water Protection Fund, hereinafter called fund, to be administered by the drinking water protection commission in each such district.
Said drinking water protection commission shall be eligible to apply for state funding available to a city or town. Upon receipt, such funds shall be deposited in the fund. Contributions, whether public or private, shall also be deposited in the fund for the purposes set forth herein.
Commission members shall serve without compensation. The commission shall elect a chairperson and such officers as it may by rule provide, and may make by majority vote such other rules and regulations consistent with the provisions of this section. The commission may, by majority vote of its members, hire such staff as is necessary to further the purposes of the commission.
A commission may issue bonds as provided herein. The chairperson of any such commission is hereby authorized and empowered in connection with any borrowing under this section to enter into one or more trust or security agreements between such commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the commonwealth, or directly between such commission and the lenders on the debt obligations, necessary to effectuate and to secure such borrowing. Such agreements may pledge or assign, and create a security interest in, in whole or in part, the revenues and other money held or to be received by the commission from any project being financed or from any fees or charges imposed by such commission relating to the powers of commissions as provided in subsection (c), whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the commission and the proceeds thereof. Such agreements may contain provisions for protecting and enforcing the rights, security and remedies of the holders of such debt obligations, including without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof, which may include the acceleration of maturities and covenants setting forth the duties of, and limitations on, the commission in relation to the functioning of the project being financed by such debt obligations, the custody, safeguarding, investment and application of money, the issuance of additional debt obligations, the fixing, revision and collection of fees or other charges relating to water supply protection, the use of any surplus proceeds of the borrowing, including any investment earnings thereon, the establishment of special funds and reserves and the making and amending of contracts relating to such project.
The pledge on any such agreement shall be valid and binding and shall be deemed continuously perfected for the purposes of chapter one hundred and six and any other law from the time when the pledge is made and shall be supported by the full faith and credit of member municipalities. The revenues, money, rights and proceeds so pledged and then held or thereafter acquired or received without any physical delivery or segregation thereof or further act, and the lien of any such pledge, shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the commission, irrespective of whether such parties have notice thereof. No document by which a pledge is created need be filed or recorded except in the records of a city or town and no filing need be made under the provisions of said chapter one hundred and six.
Any such trust agreement may provide that any money received thereunder may be deposited or invested, pending the disbursement thereof, in any deposits or investments which are lawful for the funds of cities or towns pursuant to section fifty-five of chapter forty-four, and shall provide that any officer with whom or any bank or trust company with such money shall be deposited shall act as trustee of such money and shall hold and apply the same for the purposes hereof and thereof, subject to such regulation or limitation as this section or such agreement may provide.
It shall be lawful for any bank or trust company to act as depository or trustee of the proceeds of debt obligations, revenues or other money pledged under any such agreement and to furnish such indemnifying bonds or to pledge such security and issue such letters or lines of credit or other credit facilities as may be required by the commission. Any agreement entered into pursuant to this section may set forth the rights and remedies of the holders of any debt obligations and of the trustee and may restrict the individual right of action by any such holders. In addition to the foregoing, any such agreement may contain such other provisions as the commission may deem reasonable and proper. All expenses incurred in carrying out the provisions of such agreement may be treated as a cost of issuance hereunder. In addition to the foregoing, any such agreement may contain such other provisions as the commission may deem reasonable and proper. All expenses incurred in carrying out the provisions of such agreement may be treated as a cost of issuance thereunder. In addition to other security provided by a commission, such debt obligations may be secured, in whole or in part, by insurance or by letters or lines of credit or other credit or other credit facilities issued to the commission by any bank, trust company or other financial institution, within or without the commonwealth, and the commission may pledge or assign any of its revenues and other money held or to be received by the commission from the project being financed or from any fees or charges imposed by such commission relating to water supply protection as security for the reimbursement by the commission to the issuers of such letters of credit, insurance or credit facilities of any payments made thereunder.
Any holder of a debt obligation issued by a commission under the provisions of this section or of any of the coupons appertaining thereto or any trustee under an agreement securing the same, except to the extent the rights herein given may be restricted by such agreement, may bring suit upon the debt obligations or coupons and may, either at law or in equity, by suit, action, mandamus, or other proceeding for legal or equitable relief, including proceedings for the appointment of a receiver to take possession and control of the facilities financed by such debt obligations to operate and maintain the same, to make any necessary repairs, renewals and replacements in respect thereof and to fix, revise and collect fees and charges, protect and enforce any and all rights under the laws of the commonwealth or granted hereunder or under such agreement or other agreement, and may enforce and compel the performance of all duties required by this section or by such agreements to be performed by the commission by any officer thereof.
A pledge of revenue in accordance with the provisions of this section shall constitute a sufficient appropriation thereof for the purposes of any provision for appropriation for so long as such pledge shall be in effect and, notwithstanding any other general or special law to the contrary, such revenues may be applied as required by the pledge and the agreement evidencing the same without further appropriation. Prior to issuing bonds, said commission shall obtain appropriate bonding authorization from a majority of member municipalities.
No appointments shall be made and no money expended hereunder except by the affirmative vote of a majority of the members of said commission. The commission shall maintain accurate records of its meetings, actions and financial transactions and shall file an annual report which shall be printed in the annual report of each member town. The commission shall prepare an annual budget which shall be subject to approval by a majority of the members of said commission. The provisions of chapter forty-four, not inconsistent with the provisions of this section, shall apply to a drinking water protection district.
(c) The commission shall, subject to the provisions of this section have the power and authority to:
(1) assist municipalities in identification and protection of recharge and watershed areas for existing water supplies and locate and identify future drinking water supplies;
(2) assist municipalities by providing technical assistance for long-term planning to design and propose regional land use management efforts of drinking water resources that cut across town or water district boundaries;
(3) provide funds to assist municipal efforts to acquire land in fee simple, through easements, restrictions or other interests, buy development rights, or manage lands identified as important to drinking water resource supply and protection;
(4) provide for public education regarding water conservation, proper waste disposal and land use in recharge or watershed areas;
(5) supplement local emergency response systems in cooperation with the department of environmental protection incidence response division, which teams shall be available to respond and assist where hazardous waste or chemical spills occur within a recharge or watershed area;
(6) coordinate, educate and disseminate information to the public regarding state and federal programs and monies available for drinking water resource projects;
(7) review and comment on proposed land use which may have an impact on resources of concern to the commission; and
(8) make available to private property owners grants for the removal of underground storage tanks considered by said commission to be a threat to the drinking water resource.
The commission shall not have authority to buy, sell or hold title to land, nor to take property by eminent domain, but may allocate funds to a member town with the stipulation that such funds be applied to the purchase of a specific parcel of land or development rights for a specific parcel of land by the member town to be used only for purposes consistent with the provisions of this section.
A city, by majority vote of city council, or a town, by majority vote at an annual town meeting or town council, may cease to be a member of said district subject to said city or town's share of bonding obligations incurred prior to such vote to withdraw. Said vote shall become effective six months after being certified by the city or town clerk and all funds collected prior to the effective date of withdrawal shall remain the property of the drinking water protection commission; provided, however that in the event that such withdrawal reduces commission membership to less than two municipalities, all funds collected prior to the date of dissolution not necessary to pay all existing obligations of the commission shall revert to the member municipalities on a pro rata basis to be used only for purposes consistent with the protection and enhancement of water supplies.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title VII - Cities, Towns and Districts
Chapter 40 - Powers and Duties of Cities and Towns
Section 1b - Districts; Power to Sue and Be Sued; Insurance; Defense of Civil Actions
Section 2 - Towns; Power to Sue and Be Sued
Section 3 - Towns; Power to Hold, Lease and Convey Property
Section 4 - Towns; Power to Contract; Purposes
Section 4a1/2 - Joint Powers Agreements
Section 4d - Contracts With State or Public Authority for Construction of Public Works
Section 4e - Education Collaboratives
Section 4f - Purchase of Clothing or Apparel; Restrictions
Section 4i - Growth and Development Policy Committees; Definitions
Section 5 - Appropriation of Money for Exercise of Corporate Powers
Section 5a - Cities; Reserve Funds for Extraordinary Expenditures; Establishment
Section 5b - Stabilization Funds; Establishment
Section 5c - Districts; Reserve Funds for Extraordinary Expenditures; Establishment
Section 5d - Contributory Retirement System Funds; Recovery of Pension Costs
Section 5e - Unemployment Compensation Fund; Deposit and Investment; Payments
Section 5f - Ambulance Services; Recreational Facilities; Service Charges; Credit Card Payments
Section 5g - Municipal Waterways Improvement and Maintenance Funds
Section 5h - Centennial Celebrations; Funds
Section 6 - Towns; Reserve Funds for Extraordinary Expenditures; Establishment
Section 6c - Removal of Ice and Snow From Private Ways; Conditions
Section 6d - Removal of Ice and Snow From Private Ways; Submission to Electorate; Ballot
Section 6j - Stormy Weather Work Clothes; Purchase
Section 6k - Uniforms of Public Health Nurses; Purchase
Section 6l - Stormy Weather Work Clothes; Lease or Rental
Section 6n - Private Ways; Temporary Repairs, Ordinances or By-Laws
Section 6o - Group Life Insurance Premiums; Permanent Employees
Section 7 - Removal of Ice and Snow From Sidewalks in Towns
Section 7a - Prevention of Automobile Accidents
Section 8 - Enforcement of Laws Relating to Civil Service
Section 8c - Conservation Commission; Establishment; Powers and Duties
Section 8d - Historical Commission; Establishment; Powers and Duties
Section 8e - Youth Commission; Establishment; Powers and Duties
Section 8f - Consumer Advisory Commission; Establishment; Annual Report; Clerks and Employees
Section 8g - Mutual Police Aid Programs; Agreements
Section 8h - Recycling Programs
Section 8i - Energy Resources Commission; Powers and Duties
Section 8j - Disability Commission; Powers and Duties; Members; Terms
Section 8k - Mapping Commissions; Powers and Duties; Members
Section 8l - Municipal Agricultural Commission
Section 10 - Public Markets; Establishment; Conditions; Regulation
Section 11 - Prevention of Forest Fires
Section 11a - Beach Districts; Formation
Section 12 - Public Baths and Wash Houses
Section 12c - Construction of Beach Facilities; Rules and Regulations
Section 12d - Authority to Incur Indebtedness; Limitation
Section 12e - Treasurer of District; Appointment; Bond; Powers and Duties
Section 12g - Leasing of Concessions; Procedure
Section 13 - Municipal Buildings Insurance Fund; Management; Use
Section 13a - Workers' Compensation Insurance Funds; Management
Section 13b - Residence Quarters for School Physicians
Section 13c - Workers' Compensation Claims Reserve Funds
Section 14 - Purchase of Land; Conditions; Limitations; Definition
Section 15 - Abandonment of Rights in Realty; Conditions
Section 15a - Transfer of Land; Procedure
Section 15b - Water Supply Works; Sale or Exchange of Property
Section 15c - Scenic Road Designations; Improvements; Fines
Section 16 - Street Sprinkling
Section 18 - Collection of Assessment
Section 20 - Selling Price of Necessities; Accounting
Section 21 - By-Laws of Towns; Purpose
Section 21a - Powers of Cities and Towns; Regulation of Working Conditions of Employees
Section 21b - Personnel Relations Review Board; Establishment; Purpose; ''grievance'', Defined
Section 21c - Union Conventions; Leave of Absence
Section 21d - Noncriminal Disposition of Ordinance, By-Law, Rule or Regulation Violations
Section 21e - Municipal Charges and Bills; Due Dates; Interest
Section 22a1/2 - Parking Benefit Districts
Section 22a3/4 - Designation of Parking Space for Veteran Parking at City or Town Hall
Section 22d - Vehicles Parked in Violation of Law; Removal
Section 22e - Lease of Air Space Above Structures and Facilities
Section 22f - License Fees; Service Charges; Acceptance of Section
Section 24 - Powers of Cities; Regulation of the Quality of Ice; Penalty for Violation
Section 31 - Powers of Towns; Performance of Duty Imposed by By-Laws
Section 32 - Validation of By-Laws; Procedure
Section 32a - Publication of Ordinances
Section 32b - Publication of Compilations of Zoning Ordinances; Supplements; Distribution and Sale
Section 33 - Rules and Regulations Promulgated by Town Boards; Filing
Section 34 - Town; Erection and Maintenance of Lockup; Penalty for Noncompliance
Section 35 - Keeper; Appointment; Oath; Penalty for Failure to Appoint Keeper
Section 36 - Keeper; Powers; Compensation; Fees
Section 36b - Cells; Protective Coverings, Electronic Audio Systems and Electronic Security Devices
Section 36c - Police; Training in Suicide Detection, Intervention and Prevention
Section 37 - Accessibility of Lockup to Police; Penalty for Refusing Access
Section 37a - Curfews; Imposition; Penalties
Section 38 - Purchase, Development and Use of Public Water Supply
Section 39 - Conveying Water Through Another Town; Liability for Damages
Section 39b - Acquisition of Land and Water; Conditions
Section 39e - Management of Water System
Section 39g - Pollution of Water; Damage to Property; Penalties
Section 39h - Right to Aid Other Governmental Units; Compensation
Section 39i - Water Meters; Testing
Section 39j - Pricing System; Costs
Section 39k - Drinking Water Protection District; Establishment; Commission; Pricing System; Fund
Section 39l - Water or Sewer Service Charges; Descending Unit Rate Basis
Section 41 - Protection of Water Supply; Conditions
Section 41a - Use of Water in Emergencies
Section 42 - Laying Pipes and Conduits
Section 42a - Collection of Rates and Charges for Supplying of Water; Lien for Delinquent Charges
Section 42b - Effective Date of Lien; Termination; Enforcement
Section 42c - Unpaid Charges; Report to Tax Collector
Section 42d - Unpaid Charges; Collection as Part of Property Tax
Section 42e - Abatements; Appeals
Section 42f - Recovery of Delinquent Charges From Tenants
Section 42g - Distribution of Water; Payment of Costs by Special Assessment
Section 42h - Uniform Rate of Assessment
Section 42j - Deferral of Charges
Section 42k - Assessment of Betterments
Section 43 - Authorization for Laying of Pipes for the Transmission of Steam or Hot Water
Section 44 - Improvement Districts; Purposes; Membership; Tenure; Powers and Duties
Section 44a - Regional Refuse Disposal Planning Committee
Section 44c - Regional Refuse Disposal Planning Board; Agreement for Establishment of District
Section 44e - Acceptance of Recommendation; Election; Establishment of District
Section 44f - General Powers of District
Section 44g - Exercise of Powers; Officers of Committee
Section 44h - Maintenance and Operating Expenses; Debts; Determination and Apportionment
Section 44i - Annual Audit and Report; Costs
Section 44j - Sale, Lease or License of Lands or Facilities to Refuse Disposal Districts
Section 44k - Bonds and Notes; Limit of Indebtedness
Section 44l - Issuance of Debt Obligations to Pay for Project Costs
Section 45 - Recognizance; Permission to Designate an Agent
Section 46 - Certification of Claims
Section 47 - Town Seal; Establishment; Use
Section 49 - Annual Town Reports; Publication; Penalty for Noncompliance
Section 50 - Annual Town Report; Copy to State Library
Section 52 - Size of Official Letters
Section 53 - Restraint of Illegal Appropriations; Ten Taxpayer Actions
Section 54 - Building Permit Restrictions; Availability of Water Supply; Disposal of Debris
Section 55 - Annuity Contract, Custodial Account or Other Investment for Hospital Employees
Section 56 - Percentages of Local Tax Levy for Property
Section 58 - Municipal Charges Lien
Section 59 - Tax Increment Financing Plan
Section 60 - Urban Center Housing Tax Increment Financing Zone (Uch–tif)
Section 60a - Manufacturing Workforce Training Tax Increment Financing Plan
Section 60b - Workforce Housing Special Tax Assessment Plan
Section 61 - Definitions Applicable to Secs. 61 to 69
Section 67 - Project Approval Certificates From Department of Environmental Protection
Section 68 - Contracts Made in Violation of Secs. 61 to 69 Void and Unenforceable