Joint Committee on State Administration and Regulatory Oversight
State House, Boston

Dear Representative Kocot, Senator Donnelly, and Members of the Committee,

On behalf of the cities and towns of the Commonwealth, the Massachusetts Municipal Association would like to express support for H. 839, an Act relative to the procurement of wastewater treatment and disposal services. The committee favorably reported similar legislation (H. 3037) during the last legislative session.

We appreciate the commitment of the Legislature and the governor to work with municipal officials to find ways to allow innovative and cost-effective options for the construction of environmental projects intended to expand capacity and reduce costs. The harsh recession is posing extraordinary challenges to state and local government that will last for several years. Cities and towns will need strong and effective tools to avoid turning back progress made over the past decade in protecting public health and the environment, and in promoting economic growth. This is the time for real and meaningful reform.

Under current public construction law, cities and towns cannot use a single contract to procure the design, construction, financing and operational services for wastewater and drinking water treatment facilities. Instead, cities and towns are required to obtain permission from the Legislature on a case-by-case basis.

H. 839 would allow cities and towns, at local option, to issue a request for proposals, in compliance with the Uniform Procurement Act, for the design, construction, financing and operational services for wastewater and drinking water treatment facilities. The bill contains necessary exemptions from public construction laws, and the passage of this legislation would result in innovative and cost-effective construction of environmental projects throughout Massachusetts.

We respectfully ask the committee to give this important local government legislation a favorable report. Please do not hesitate to contact MMA Senior Legislative Analyst Thomas Philbin at (617) 426-7272 if you have any questions.

Thank you very much.

Sincerely,

Geoffrey C. Beckwith
Executive Director, MMA

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