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Senate package adds stormwater language and funding, seeks to preserve municipal authority
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Summary
The committee added Title 24 language creating statutory authority for regional stormwater utilities while stating that such creation should not prevent municipalities from authorizing and operating municipal stormwater utilities; the package also directs $100,000 to technical assistance and adds $1,000,000 for three‑acre parcel compliance.
The Senate Institutions Committee’s amendment package for H.992 adds statutory language and targeted funding intended to support stormwater compliance while preserving municipal authority.
Committee staff presented new Title 24 language that creates a pathway for regional stormwater utilities and states that the creation of a regional utility under statute or ANR rules "shall not prevent a municipality from regulating stormwater under this chapter, including adoption by the municipality of a bylaw authorizing the operation of a municipal stormwater utility that establishes an assessment, equivalent residential unit or impervious service." The presenter said the intent is to ensure regional utilities do not preempt existing municipal authority.
On funding, the package redirects $100,000 (from a $125,000 major maintenance reduction) to the Institute of Natural Resources for technical support to municipalities designing and implementing stormwater utilities, and it adds a $1,000,000 cash appropriation to BGS for statewide three‑acre parcel stormwater compliance. Staff told the committee that several three‑acre projects are ready for procurement (Middlesex out to bid and others scheduled), and that trimming cash could force reprioritization and delays which would likely raise future costs.
Committee members asked for ANR testimony next week to clarify statutory effects and for written project schedules from BGS to understand timing and permit expectations. The committee did not adopt final policy language at this hearing and will revisit the provisions after agency testimony and the requested materials.
