Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
Chapter 407 of the acts of 1983 is hereby amended by
adding the following three sections:-
Section 2.
The committee may establish regulations and procedures for
the
assessment and collection of a fee to be paid by each town which withdraws
water from the Mattapoisett river aquifer. Such fee shall be assessed in
proportion to the quantity of water withdrawn by each town; provided, however,
that such fee shall not exceed $.01 per one hundred gallons; and provided,
further, that a two-thirds vote of the committee shall be required to establish
such fee; provided, further, that a two-thirds vote of the voters of town
meeting of a member community shall be required to assess a fee on said member
community. Registered private water withdrawals as required by the water
management act shall be assessed at the same fee as for municipalities,
however, no fee shall be assessed for either registered or permitted municipal
or private water withdrawals used for the purposes of agriculture as defined by
section 1A of chapter 128 of the General Laws. A bill
to collect such fee shall be sent by the treasurer of the committee
by February 15
of each year and shall be based upon the pumpage from January to
December, inclusive.
Section 3.
The committee shall establish a separate account to be known
as
the Water Supply Protection Fund. Said Fund shall consist of all monies
received by the committee: (1) from the fee established under section 2;
(2) from public or private sources as gifts, grants and donations; (3) from
federal and state funding programs available to member towns and for which the
committee is hereby authorized to apply; and (4) from any other sources
authorized by law.
All monies credited under this section to said Fund shall be deposited or
invested pending disbursements for purposes of water supply protection. Said
Fund may be expended for the purpose of assisting a town within the
Mattapoisett river valley to acquire land for protection of the aquifer and for
land or easement purchases, engineering or other studies and services, public
education relating to water conservation plans and programs and water supply
protection. The committee may issue bonds and notes to raise funds for the
purposes of water supply protection. Land purchased by the
committee shall be held by the town in which the land is situated and shall be
under the control of the board of selectmen of said town; provided, however,
that the committee shall have, by a two-thirds vote, established the permitted
use of the land in accordance with 310 CMR 22.00 and any existing local aquifer
protection by-laws in accordance with said 310 CMR 22.00.
No monies shall be expended under this section without a two-thirds vote of
the members of the committee present and voting. A quorum shall be 50
per cent of the members of the committee with at least one representative from
each community. Checks issued by the committee shall be co-signed by the
chairman and treasurer of the committee.
Section 4.
In the event that the committee is dissolved, any funds
which
were collected shall be used to pay all existing obligations of the committee
and any funds not used shall revert to member municipalities based upon the
average contributions of those municipalities over the preceding five years.
All deed restrictions and sanitary easements acquired through funds generated
by said committee shall remain in effect.
Approved September 12, 1997.