SENATE, No. 549

By Mr. Tarr, a petition (accompanied by bill, Senate, No. 549) of Bruce E. Tarr for legislation relative to the Northeast Solid Waste Committee. Environment, Natural Resources and Agriculture.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.

AN ACT relative to the Northeast Solid Waste Committee

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. The North East Solid Waste Committee, established by Chapter 328 of the Acts of 1988, is hereby abolished, as provided in this act.  The effective date of abolishment shall be August 31, 2006 and, hereinafter, this date shall be referred to as the transfer date.

SECTION 2.  Notwithstanding the provisions of any general or special law to the contrary, the North East Solid Waste Committee’s advisory board shall be eliminated upon the transfer date.

SECTION 3.  All valid liabilities of the North East Solid Waste Committee which are in force immediately before the transfer date shall be obligations of the commonwealth as of the transfer date.

SECTION 4.  Outstanding accounts receivable from private haulers shall be distributed to the communities by their proportionate gross annual tonnage (GAT) share when they are paid.

SECTION 5.  All valid contracts of the North East Solid Waste Committee which are in force immediately before the transfer date shall be obligations of the commonwealth as of the transfer date and the commonwealth shall have authority to exercise all rights and enjoy all interests conferred upon the committee by said contracts except as may be otherwise provided in this chapter.

SECTION 6.  After the transfer date, contract communities of the North East Solid Waste Committee shall have no future liabilities related to the operations, actions, or contracts of the North East Solid Waste Committee due to any future judgments and any future change in law, rule or regulation.

SECTION 7.  The treasurer and contract community representative of the North East Solid Waste Committee shall cooperate with the secretary of administration and finance in effecting the orderly transfer of assets, liabilities, functions, duties and responsibilities from the North East Solid Waste Committee to the commonwealth.

SECTION 8.  The contract community representative of the North East Solid Waste Committee shall transfer to the custody of the secretary of state all books, papers, records and documents that are in the custody of the North East Solid Waste Committee immediately prior to the transfer date and are required by the secretary of state to be transferred to the commonwealth.

SECTION 9.  The secretary of administration and finance, in consultation with the comptroller, the state secretary, the judiciary and such other departments of the commonwealth as may be necessary or appropriate, shall make such plans and arrangements as may be necessary to ensure the effective transfer of the North East Solid Waste Committee functions to the commonwealth pursuant to this chapter.