| A message from His Excellency the Governor returning (pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the Constitution of the Commonwealth) the engrossed Bill authorizing the town of Orleans to operate a sewer system (see Senate, No. 2452), with recommendation of amendment (received in the Office of the Clerk of the Senate on Friday, June 6, 2008 at one minute before two o'clock P.M.) |
The Commonwealth of Massachusetts
Executive Department
State House • Boston 02133
Deval Patrick
GOVERNOR
Tim Murrary
LIEUTENANT GOVERNOR
June 6 , 2008
To the Honorable Senate and House of Representatives:
Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the Constitution of the Commonwealth of Massachusetts, I am returning to you for amendment Senate Bill No. 2452, “An Act Authorizing The Town Of Orleans To Operate A Sewer System.”
This legislation authorizes the town of Orleans to create a sewer system in accordance with its Comprehensive Waste Management Plan (“CWMP”). The CWMP will identify which properties in the town are required to connect to the sewer system. I understand that this bill seeks to mitigate the impact of numerous scattered septic systems, which add to the nitrogen load and harm Cape Cod estuaries.
As written, however, the bill raises concerns that affordable housing developments could be denied access to sewer connections. Further, the bill provides that the Department of Environmental Protection (“DEP”) must approve of amendments to the CWMP, but it does not require DEP to approve of the CWMP. Also, this bill provides that persons aggrieved by the town’s decision to deny a connection to the town’s sewer system may appeal the decision pursuant to G.L. c. 30A. However, the decision of a town board or official does not constitute an agency decision under chapter 30A, section 1.
Accordingly, I recommend that Senate Bill No. 2452 be amended as follows:
(1) in section 1 by inserting after the word “disposal”, in line 6, the following words:-
in accordance with the town’s Comprehensive Wastewater Management Plan, as approved by the department of environmental protection.
(2) after the second sentence of section 2 by inserting in line 10, the following sentence:-
Notwithstanding anything to the contrary contained herein, the board or officer having charge of the maintenance and repair of sewers may at any time permit extensions, new connections or increases in flow to the sewer system, subject to capacity, to serve municipal buildings, public restrooms, or other public service uses, including but not limited to affordable housing constructed pursuant to chapters 40B and 40R of the general laws, as defined by the municipality.
(3) in section 4 by striking out the second sentence.
Respectfully submitted,
Deval Patrick,
Governor.