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Earth Night

COMMONWEALTH OF MASSACHUSETTS, 2006

AUTHOR: JOINT COMMITTEE ON ENVIRONMENT, NATURAL RESOURCES AND AGRICULTURE

SB2376

AN ACT TO ENCOURAGE AND PROMOTE WATER CONSERVATION.

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. Section 39J of chapter 40 of the General Laws, as so appearing, is hereby amended by inserting after the words "all related costs of police and fire protection," in line 15, the following words:- all costs of measures to ensure the long-term sustainability of the water supply,.

SECTION 2. Chapter 40 is hereby amended by inserting after section 39L the following new section:-

Section 39M. Establishment of Sustainable Water Resource Fund.

Notwithstanding any general or special law to the contrary, a city, town, board of water commissioners, officers performing like duties, or water district having a water supply or water distribution system may collect a reasonable fee to be used exclusively to remedy and offset the impacts of water withdrawals and other activities that deplete streamflow or impair recharge to ground waters, and to sustain the quantity, quality and ecological integrity of waters of the commonwealth. Such measures for water return or preventing water loss include without limitation, local recharge of stormwater and wastewater, reuse of water, removal of infiltration and inflow, and water savings achieved by retrofitting existing development with low impact development methods or water-saving devices. The fee, which may be based on retaining within the basin or saving at least two gallons for every gallon of new water demand, shall be assessed in a fair and equitable manner, and separate uniform fees may be established for residential and commercial uses. All such fees shall be deposited in a separate account classified as a "Sustainable Water Resource Fund." This Fund shall not be used for any purpose not provided in this section.