The Commonwealth of Massachusetts

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PRESENTED BY:

Michael A. Costello

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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 clarifying sewer assessment options.

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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 clarifying sewer assessment options.

Whereas, the deferred operation of this act would tend to defeat its purpose, which is to clarify that cities and towns may use a combination of methods of assessment of the costs of sewer and drain projects, therefore it is hereby declared to be an emergency law, necessary for the Immediate preservation of the public convenience.

                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. Chapter 83 of the General Laws is hereby amended by striking out section 17 and inserting in place thereof the following section:

SECTION 17. The alderman of any city except Boston or a town in which main drains or common sewers are laid may determine that a person who uses such main drains or common sewers in any manner, instead of or in addition to paying a betterment assessment under section fourteen, shall pay for the privilege of connecting his estate to a main drain or common sewer, or of changing the use or intensity of use of his estate if already connected to a main drain or common sewer so as to increase the flow of stormwater or sewage to be disposed of, such reasonable amount as the alderman or the sewer commissioners, selectmen or road commissioners shall determine, provided that the total of all assessments under sections fourteen and seventeen shall not exceed the whole cost of laying out and constructing the system of main drains or common sewers for which the assessment are made, and provided that adjustments may be made from time to time in the amount of assessments made under this section so that interest on municipal borrowing is shared equitably among those who are assessed under section fourteen and those who are late assessed under section seventeen.