HOUSE DOCKET, NO. 4471        FILED ON: 7/1/2009

HOUSE  .   .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1918

The Commonwealth of Massachusetts

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PRESENTED BY:

William G. Greene, Jr., Kenneth J. Donnelly

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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 Establishing A Specia l Account for the Town of Billerica Water Conservation Fund.

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PETITION OF:

The Commonwealth of Massachusetts
 

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In the Year Two Thousand and Nine

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An Act Establishing A Special Account for the Town of Billerica Water Conservation Fund.


 

              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 the provisions of any general or special law, rule or reg u lation to the contrary, the t own of Billerica is hereby authorized to establish a special account to be known as the Town of Billerica Water Conservation Fund. The purpose of such fund is to provide revenue for the funding of water management and conservation initiatives by the t own, including the design, construction and implementation of measures to conserve water and assure the efficient operation of the t own's public water supply system and public education relating to water conservation plans and programs, consistent with the Billerica w ater c onservation p olicy. Such special account shall be maintained by the treasurer of the t own of Billerica and may be deposited in a suitable banking institution doing business in the c ommonwealth or invested by the treasurer as provided herein. Expenditures from said special account shall be made subject to appropriation initiated by the b oard of s electmen upon the recommendation of the d irector of p ublic w orks and the t own m anager of said t own, and approved by a majority vote of the town meeting.

SECTION 2. Payments to such account shall be made by applicants for permits to connect to the Bille rica public water supply system that are constructing or erecting new or expanded buildings or otherwise developing land for industrial, commercial and residential uses. The method and amount of such payments from said applicants or developers shall be determined by a schedule of fees to be established by the b oard of s electmen upon recommendation by the d irector of public w orks, as provided in the Billerica w ater c onservation p olicy. Said schedule of fees shall provide the method for determining the amount of each payment from such applicants or developers based upon their anticipated water use for each type of proposed development.

SECTION 3. In addition to the aforementioned fees, monies may also be deposited into said special account from gifts, grants and donations received from public or private sources, from federal and state funding programs available to the town and from any other source authorized by law. Further more , appropriation may be made into said special account, from time to time, by the t own of Billerica for the purposes of providing additional funds for the aforesaid water conservation and management purposes.

SECTION 4. The treasurer of the t own of Billerica shall be authorized to invest monies deposited in said special account, and the interest accruing shall inure to the benefit of said special account. Said special account shall be maintained in accordance with generally accepted accounting principles, and shall be audited annually with the cost of such audit charged to said special account.

SECTION 5. The d irector of p ublic w orks for the t own of Billerica, with the approval of the t own m anager, may make applications for available state and federal government grants for the design, const ru ction, management, conservation and rehabilitation of public water supply facilities, and pledge any and all such sums for money in said account with the approval of the b oard of s electmen and the t own m eeting for any matching grants for such design, construction, management, conservation and rehabilitation activities.

SECTION 6. The town accountant shall file jointly with the b oard of s electmen, the t own m anager, the treasurer, the finance committee and the bureau of accounts, a written report relative to such special account authorized herein by this act . Said report shall be made within 120 days following closure of the books of account for each fiscal year. Such report shall include a financial statement relating to the operation, mainten a nce and expenditures made under said the special account. The b oard of s electmen may review and comment on said report and file such review with the state auditor.