Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
The Honorable Christine P. Barber, House Chair
The Honorable Rebecca L. Rausch, Senate Chair
Joint Committee on Environment and Natural Resources
State House, Boston
Delivered electronically
Dear Chair Barber, Chair Rausch, and Distinguished Members of the Committee,
On behalf of all cities and towns across the Commonwealth, I write today to provide input on bills critical to the management of our cherished water resources.
The Committee recently heard comments on several bills focused predominately on ensuring safe drinking water through management practices and targeted investments. Those that testified shared a common sentiment: our water resources are treasured and increased investment is needed. This sentiment is shared by cities and towns and the residents they serve in every corner of the Commonwealth.
Local governments hold an indispensable role in the effort to responsibly steward water resources while balancing community needs, increased environmental regulation, and operating within considerable fiscal constraints. Communities across the Commonwealth have experienced a shift — a growing understanding of the impacts of climate change and risks of severe weather patterns, and pressure to communicate this to residents in an understandable, reassuring way. Providing essential water management services to residents, businesses, and community members in the face of these challenges is no easy task, and their value in this work cannot be understated.
In light of these new and increasing pressures, cities and towns must maintain authority to manage water resources according to their expertise on local conditions and need increased investments to implement best practices. Local governments and public water professionals know these investments are worthwhile, but cannot succeed in these efforts without additional support and appreciation for the work they do. With this in mind, we urge the following perspectives on certain bills before the Committee:
Support Water Infrastructure Investments
With limited ability to generate revenues through utility fees and under Proposition 2½, municipalities are not able to independently generate the financial resources needed to maintain and fortify water, sewer, and stormwater infrastructure. Increased state investment is critical.
Considering data from 2021, the U.S. Environmental Protection Agency estimated $37 billion of investment was needed in Massachusetts to comply with baseline, existing clean and drinking water regulations through the Clean Water Act over the next 20 years. However, the Commonwealth’s own estimates from the 2012 Water Infrastructure Finance Commission report identified that at least $10.2 billion was needed for drinking water, $11.2 billion for clean water, and more than $18 billion for stormwater systems.
Much has changed since those 2012 estimates, and this funding gap has only grown as local, state, and federal investments have not measured up to the sizable needs. In addition, stormwater infrastructure needs in order to ensure resilience in the face of climate change are nearly unquantifiable. As well, new pollution control standards that regulate stormwater discharges, lead, and drinking water standards for per- and polyfluoroalkyl substances (PFAS) all add additional pressures to our municipalities and districts. Without further financial support, these mandates to protect public health and our environment are untenable.
H. 1022 & S. 563, An Act Relative to Meeting the Commonwealth’s Water Infrastructure Future, offers the support needed to begin addressing the Commonwealth’s water, sewer, and stormwater needs by proposing nearly $3 billion in strategic investments alongside smart policy provisions.
The legislation targets funding intended to advance housing production by helping ensure that barriers to housing production due to water and sewer infrastructure are addressed. Additionally, the bills expand investments in the Sewer Rate Relief Fund and State Revolving Fund (SRF) Contract Assistance, which would help communities reduce and better handle debt burdens.
H. 1022 and S. 563 also propose support for regional water connections, expansion of the Massachusetts Water Resources Authority to support communities facing challenging PFAS contamination, propose infrastructure and planning grants, and would invest in PFAS research. The legislation wisely proposes key forward-thinking initiatives that would strengthen the Water Infrastructure Advisory Council, enabling the group to weigh in on contemporary issues like PFAS, lead, biosolids, nutrient management, and more.
The bills also call for review of the SRF scoring system to ensure critical projects are not unintentionally under-prioritized. Lastly, the legislation establishes a Water Sector Workforce Development Grant Program to help ensure that water and sewer districts are better staffed to ensure effective, resilient operations.
As federal funding for water resource investments remains uncertain, now is the time to strengthen our investments in these critical resources. We urge the Committee to support H. 1022 and S. 563.
Oppose Drought Management Provisions
H. 1003 & S. 662, An Act relative to maintaining adequate water supplies through effective drought management, proposes an unnecessary preemption of local authority over water resources and restrictions when drought conditions are experienced, at the discretion of the Secretary of the Executive Office of Energy and Environmental Affairs (EEA). Legislative action is not needed, as review of drought declaration practices are currently underway and the Governor currently holds the statutory authority to impose water restrictions in certain emergency situations. Under this existing practice, the Governor can employ any state agency, including the EEA, to require action to address water shortages.
Importantly, drought conditions do not impact all water supplies the same, nor do all droughts impact a region’s streams or groundwater wells equally. Municipal governments and water districts have a vested interest in the long-term sustainability of water resources. Our districts approach this responsibility with earnestness, monitoring local conditions regularly, and adapting practices most relevant to the local environment, waterways, and resident needs.
Cities and towns need flexibility to meet the needs of residents while responsibly managing their own water supply. We urge the Committee to oppose this unnecessary expansion of water management regulation.
We are grateful for your consideration of the local government perspective on these bills, and for your ongoing partnership with cities and towns.
If you have any questions or desire further information, please do not hesitate to have your office contact me or MMA Legislative Analysts Josie Ahlberg or Adrienne Núñez at any time.
Sincerely,
Adam Chapdelaine
MMA Executive Director and CEO