This state legislative season continues to be busy and challenging for water suppliers, with more than a dozen bills related to water resources, municipal infrastructure and operations. Here is a quick update on some of them:
An Act Relative Water Treatment and Wastewater Treatment Facilities (H.144) was scheduled for hearing in October by the Joint Committee on Consumer Protection and Professional Licensure. (would mandate that piping work carried out in connection with systems of water treatment plants and systems be deemed the work of licensed plumbers)
An Act to Further Define Standards of Employee Safety (S.2167, H.3952), (Municipal Worker Safety to OSHA Standards) has passed the Senate and the House.
An Act to Amend the Lead Law to Include Water Piping Lead Services (H.3243) was heard October 23 by the Committee on Public Health. (requires disclosure of lead service line on house sale)
An Act Establishing the Cape Cod Water Protection Trust (S.2163, H.3902) is still in the Committee on the Environment, Natural Resources and Agriculture and has not been heard. (tourist tax to fund s.208 (area-wide water quality management) implementation)
The following bills were referred jointly by the House and Senate to an October 30 hearing of the Committee on the Environment, Natural Resources and Agriculture. An Act Relative to . . .
• Drought Management (S.425, H.2115) (to establish a drought management task force).
• Ensuring Safe Drinking Water at Schools and Early Childhood Programs (S.456, H.2915) (Sets new lead limit for schools (1 ppb) and would require PWS to bear cost of entire lead service line replacement)
• Protecting Drinking Water (H.2112) (to further regulate the building or expansion of solid waste disposal facilities)
• Public Water Supply Records (H.2130)
• Assist Municipal and District Ratepayers (S.462, H.463) (relative to the costs imposed upon the municipal and district ratepayers due to public drinking water, wastewater and stormwater systems capital upgrades.)
• Improve Municipal Water Infrastructure (S.423) (establishing a water production tax to establish a Municipal Water Infrastructure Trust Fund)
• Municipal Assistance for Clean Water and Economic Development Infrastructure (H.2117) (establishment of a water infrastructure improvement fund to provide assistance to cities and towns for clean water and economic development)
• Rights of Municipalities and Districts (H.2137, H.778) (to preserve WMA registration volumes without conditions)
• Streamflow Standards (S.420, H.806) (in addition to what is already regulated under the Water Management Act)
• Mitigating Water Resource Impacts (S.2116); Providing for the Establishment of Sustainable Water Resource Funds (H.2116) (a.k.a. Water Banking, allows suppliers to collect a reasonable fee to be used for measures to remedy/offset the impacts of new and/or increased water demands)
• Municipal Water Resources (S.481) (Requires MassDEP assess its authority to address impacts of a municipal groundwater withdrawal on a surface water source under the WMA)
Written testimony is recommended to be submitted by water works professionals with 7 days subsequent.
A MassDEP hearing was held on September 12 in response to a petition of the Mass Rivers Alliance to seek conditioning of registration volumes and amendments under the Water Management Act. With the strong presence and testimony of water works professionals, MassDEP is taking no action at this time. However, the matter is being considered for further study prior to registration renewals in 2021 . . . if H.2137 or H.778 passes this legislative year, we may finally (hopefully) have closure on this issue.
