[Text of section effective until January 15, 2011. See 2004, 149, Sec. 417 as amended by 2006, 139, Sec. 82 and 2008, 182, Sec. 78.]
Section 73. (a) There is hereby established a Water Supply Protection Pilot Program to be administered by and through a separate trust to be known as the Water Supply Protection Trust. Monies in said trust shall be deposited with the state treasurer in such manner as will secure the highest interest rate available consistent with safety of the trust and with the requirement that all amounts on deposit be available for immediate use.
(b) There shall be a board of trustees of the trust, which shall consist of the executive director of the Massachusetts Water Resources Authority, the secretary of environmental affairs or his designee, the president of the Swift River Valley Historical Society or his designee, the chairperson of the Massachusetts water resources authority advisory board and a member jointly selected by the North Worcester County Quabbin Anglers Association, Inc. and the Quabbin Fishermen’s Association, Inc.
(c) The board of trustees shall meet on or before October 1, 2004 and at least quarterly thereafter, and shall serve without compensation. For purposes of board of trustee meetings and voting, a quorum shall be comprised of 3 of the board members. The board of trustees shall choose a chairperson by majority vote and shall make all decisions by majority vote. At a meeting held annually, said board of trustees shall review and approve the operating plan, the operating budget, the capital budgets, and other aspects of the annual work plan prepared jointly by the department of conservation and recreation and the Massachusetts water resources authority pursuant to that inter-agency memorandum of understanding between the department and the authority on or about April 27, 2004, as it may be amended from time to time, and which memorandum and the annual work plan prepared thereunder shall provide for the watershed and water supply protection responsibilities established for the authority and department under chapter 372 of the acts of 1984, chapter 36 of the acts of 1992, chapter 26 of the acts of 2003, and chapters 92 and 92A 1/2 of the General Laws to be satisfactorily discharged. Any amendment to said memorandum shall not include an authorization to enter into any agreement to acquire, purchase or transfer any property, the title of which is vested in the commonwealth and/or is considered to be watershed property by Massachusetts statute, as of the effective date of this act. The restriction in the preceding sentence shall not be construed to be inconsistent with the terms and conditions of this section as they relate to the operation and governance of the trust or any other provisions of this section.
Any provisions in the memorandum, as it may be amended from time to time, regarding the operation and governance of the trust shall be consistent with this section. In the event of an inconsistency between that memorandum and the terms and conditions of this section as they relate to the operation and governance of the trust, the terms and conditions of this section shall be dispositive.
(d) There shall be credited to the trust the following:
(1) all assessments against the authority established pursuant to section 11 of chapter 92A 1/2, except for amounts to be paid in trust by the authority to the division of water supply protection for application to payments in lieu of taxes pursuant to chapter 59 of the General Laws, and against any other public or private entity by the commissioner of the department for the purpose of supporting the watershed and water supply activities set forth in subsection (e);
(2) all revenues generated by the department’s division of water supply protection required to be offset from assessments against the authority pursuant to section 11 of said chapter 92A 1/2, which shall include, but not be limited to, the sale of hydroelectricity, recreational or permits fees, and shall also include any access fees established pursuant to chapter 436 of the acts of 1990;
(3) all revenues from the sale of wood products harvested on those watershed lands under the management of the division of water supply protection;
(4) all payments from the authority for debt service under section 12 of said chapter 92A 1/2;
(5) all interest earned on monies in the trust; and
(6) gifts, grants, donations, or other contributions made for the purpose of supporting the watershed and water supply activities set forth in subsection (e).
(e) Notwithstanding any general or special law or other restriction to the contrary, expenditures from the trust shall not be subject to appropriation and balances remaining at the end of any fiscal year shall not revert to the general fund, and expenditures from the trust shall be made only for the purposes set forth in the memorandum and annual work plan as approved by the board pursuant to subsection (c), including:
(1) the maintenance and operating costs of the department’s division of water supply protection, as established in sections 1 to 20, inclusive, of chapter 92A 1/2, including the costs of capital improvements necessary to ensure the safety and purity of the water supply and protection of watershed lands pursuant to state and federal standards, capital costs, and the costs of the purchase or leasing of vehicles and all other equipment as considered necessary by the division, and other authorized charges of the division of water supply protection, as set forth in the Annual Work Plan’s operating plan, operating budget, and capital budgets prepared jointly by the department and authority, and reviewed and approved by the board of trustees pursuant to subsection (c); provided, that no expenditure may be made for operating, maintenance, and capital costs of the department’s division of water supply protection that were previously budgeted as expenses of the former department of environmental management that were non-reimbursable by the authority;
(2) department salaries, staffing levels, other employee expenses, operational expenses, acquisition of capital equipment, and all other expenses, as set forth in the Annual Work Plan’s operating plan, operating budget, and capital budgets prepared jointly by the department and authority, and reviewed and approved by the board of trustees pursuant to subsection (c); and
(3) debt service payments for bonds authorized by the general court for the acquisition of fee simple, development, and other rights or interests in land in the areas regulated by said division of water supply protection, if the bonds were authorized and bonded indebtedness incurred before the establishment of the trust.
(f) For the purpose of accommodating timing discrepancies between the trust’s receipt of revenues and related expenditures, the trust may incur expenses and the comptroller may certify payments from the trust in anticipation of trust receipts; but, the board of trustees shall annually certify to the comptroller that expenditures for the previous fiscal year did not exceed related assessments and trust receipts. No expenditures from said fund shall cause said fund to be in deficiency at the close of a fiscal year.
(g) The board of trustees shall not enter into any agreement to acquire, purchase, or transfer any assets and/or property the title of which is vested in the commonwealth, and/or considered to be watershed property by Massachusetts statute, as of the effective date of this act. Said restriction shall not be construed to be inconsistent with the terms and conditions of this section as they relate to the operation and governance of the trust, or any other provisions of this section.
[Text of section effective until January 15, 2011. See 2004, 149, Sec. 417 as amended by 2006, 139, Sec. 82 and 2008, 182, Sec. 78.]
Section 73. (a) There is hereby established a Water Supply Protection Pilot Program to be administered by and through a separate trust to be known as the Water Supply Protection Trust. Monies in said trust shall be deposited with the state treasurer in such manner as will secure the highest interest rate available consistent with safety of the trust and with the requirement that all amounts on deposit be available for immediate use.
(b) There shall be a board of trustees of the trust, which shall consist of the executive director of the Massachusetts Water Resources Authority, the secretary of environmental affairs or his designee, the president of the Swift River Valley Historical Society or his designee, the chairperson of the Massachusetts water resources authority advisory board and a member jointly selected by the North Worcester County Quabbin Anglers Association, Inc. and the Quabbin Fishermen’s Association, Inc.
(c) The board of trustees shall meet on or before October 1, 2004 and at least quarterly thereafter, and shall serve without compensation. For purposes of board of trustee meetings and voting, a quorum shall be comprised of 3 of the board members. The board of trustees shall choose a chairperson by majority vote and shall make all decisions by majority vote. At a meeting held annually, said board of trustees shall review and approve the operating plan, the operating budget, the capital budgets, and other aspects of the annual work plan prepared jointly by the department of conservation and recreation and the Massachusetts water resources authority pursuant to that inter-agency memorandum of understanding between the department and the authority on or about April 27, 2004, as it may be amended from time to time, and which memorandum and the annual work plan prepared thereunder shall provide for the watershed and water supply protection responsibilities established for the authority and department under chapter 372 of the acts of 1984, chapter 36 of the acts of 1992, chapter 26 of the acts of 2003, and chapters 92 and 92A 1/2 of the General Laws to be satisfactorily discharged. Any amendment to said memorandum shall not include an authorization to enter into any agreement to acquire, purchase or transfer any property, the title of which is vested in the commonwealth and/or is considered to be watershed property by Massachusetts statute, as of the effective date of this act. The restriction in the preceding sentence shall not be construed to be inconsistent with the terms and conditions of this section as they relate to the operation and governance of the trust or any other provisions of this section.
Any provisions in the memorandum, as it may be amended from time to time, regarding the operation and governance of the trust shall be consistent with this section. In the event of an inconsistency between that memorandum and the terms and conditions of this section as they relate to the operation and governance of the trust, the terms and conditions of this section shall be dispositive.
(d) There shall be credited to the trust the following:
(1) all assessments against the authority established pursuant to section 11 of chapter 92A 1/2, except for amounts to be paid in trust by the authority to the division of water supply protection for application to payments in lieu of taxes pursuant to chapter 59 of the General Laws, and against any other public or private entity by the commissioner of the department for the purpose of supporting the watershed and water supply activities set forth in subsection (e);
(2) all revenues generated by the department’s division of water supply protection required to be offset from assessments against the authority pursuant to section 11 of said chapter 92A 1/2, which shall include, but not be limited to, the sale of hydroelectricity, recreational or permits fees, and shall also include any access fees established pursuant to chapter 436 of the acts of 1990;
(3) all revenues from the sale of wood products harvested on those watershed lands under the management of the division of water supply protection;
(4) all payments from the authority for debt service under section 12 of said chapter 92A 1/2;
(5) all interest earned on monies in the trust; and
(6) gifts, grants, donations, or other contributions made for the purpose of supporting the watershed and water supply activities set forth in subsection (e).
(e) Notwithstanding any general or special law or other restriction to the contrary, expenditures from the trust shall not be subject to appropriation and balances remaining at the end of any fiscal year shall not revert to the general fund, and expenditures from the trust shall be made only for the purposes set forth in the memorandum and annual work plan as approved by the board pursuant to subsection (c), including:
(1) the maintenance and operating costs of the department’s division of water supply protection, as established in sections 1 to 20, inclusive, of chapter 92A 1/2, including the costs of capital improvements necessary to ensure the safety and purity of the water supply and protection of watershed lands pursuant to state and federal standards, capital costs, and the costs of the purchase or leasing of vehicles and all other equipment as considered necessary by the division, and other authorized charges of the division of water supply protection, as set forth in the Annual Work Plan’s operating plan, operating budget, and capital budgets prepared jointly by the department and authority, and reviewed and approved by the board of trustees pursuant to subsection (c); provided, that no expenditure may be made for operating, maintenance, and capital costs of the department’s division of water supply protection that were previously budgeted as expenses of the former department of environmental management that were non-reimbursable by the authority;
(2) department salaries, staffing levels, other employee expenses, operational expenses, acquisition of capital equipment, and all other expenses, as set forth in the Annual Work Plan’s operating plan, operating budget, and capital budgets prepared jointly by the department and authority, and reviewed and approved by the board of trustees pursuant to subsection (c); and
(3) debt service payments for bonds authorized by the general court for the acquisition of fee simple, development, and other rights or interests in land in the areas regulated by said division of water supply protection, if the bonds were authorized and bonded indebtedness incurred before the establishment of the trust.
(f) For the purpose of accommodating timing discrepancies between the trust’s receipt of revenues and related expenditures, the trust may incur expenses and the comptroller may certify payments from the trust in anticipation of trust receipts; but, the board of trustees shall annually certify to the comptroller that expenditures for the previous fiscal year did not exceed related assessments and trust receipts. No expenditures from said fund shall cause said fund to be in deficiency at the close of a fiscal year.
(g) The board of trustees shall not enter into any agreement to acquire, purchase, or transfer any assets and/or property the title of which is vested in the commonwealth, and/or considered to be watershed property by Massachusetts statute, as of the effective date of this act. Said restriction shall not be construed to be inconsistent with the terms and conditions of this section as they relate to the operation and governance of the trust, or any other provisions of this section.
[Text of section effective until January 15, 2011. See 2004, 149, Sec. 417 as amended by 2006, 139, Sec. 82 and 2008, 182, Sec. 78.]
Section 73. (a) There is hereby established a Water Supply Protection Pilot Program to be administered by and through a separate trust to be known as the Water Supply Protection Trust. Monies in said trust shall be deposited with the state treasurer in such manner as will secure the highest interest rate available consistent with safety of the trust and with the requirement that all amounts on deposit be available for immediate use.
(b) There shall be a board of trustees of the trust, which shall consist of the executive director of the Massachusetts Water Resources Authority, the secretary of environmental affairs or his designee, the president of the Swift River Valley Historical Society or his designee, the chairperson of the Massachusetts water resources authority advisory board and a member jointly selected by the North Worcester County Quabbin Anglers Association, Inc. and the Quabbin Fishermen’s Association, Inc.
(c) The board of trustees shall meet on or before October 1, 2004 and at least quarterly thereafter, and shall serve without compensation. For purposes of board of trustee meetings and voting, a quorum shall be comprised of 3 of the board members. The board of trustees shall choose a chairperson by majority vote and shall make all decisions by majority vote. At a meeting held annually, said board of trustees shall review and approve the operating plan, the operating budget, the capital budgets, and other aspects of the annual work plan prepared jointly by the department of conservation and recreation and the Massachusetts water resources authority pursuant to that inter-agency memorandum of understanding between the department and the authority on or about April 27, 2004, as it may be amended from time to time, and which memorandum and the annual work plan prepared thereunder shall provide for the watershed and water supply protection responsibilities established for the authority and department under chapter 372 of the acts of 1984, chapter 36 of the acts of 1992, chapter 26 of the acts of 2003, and chapters 92 and 92A 1/2 of the General Laws to be satisfactorily discharged. Any amendment to said memorandum shall not include an authorization to enter into any agreement to acquire, purchase or transfer any property, the title of which is vested in the commonwealth and/or is considered to be watershed property by Massachusetts statute, as of the effective date of this act. The restriction in the preceding sentence shall not be construed to be inconsistent with the terms and conditions of this section as they relate to the operation and governance of the trust or any other provisions of this section.
Any provisions in the memorandum, as it may be amended from time to time, regarding the operation and governance of the trust shall be consistent with this section. In the event of an inconsistency between that memorandum and the terms and conditions of this section as they relate to the operation and governance of the trust, the terms and conditions of this section shall be dispositive.
(d) There shall be credited to the trust the following:
(1) all assessments against the authority established pursuant to section 11 of chapter 92A 1/2, except for amounts to be paid in trust by the authority to the division of water supply protection for application to payments in lieu of taxes pursuant to chapter 59 of the General Laws, and against any other public or private entity by the commissioner of the department for the purpose of supporting the watershed and water supply activities set forth in subsection (e);
(2) all revenues generated by the department’s division of water supply protection required to be offset from assessments against the authority pursuant to section 11 of said chapter 92A 1/2, which shall include, but not be limited to, the sale of hydroelectricity, recreational or permits fees, and shall also include any access fees established pursuant to chapter 436 of the acts of 1990;
(3) all revenues from the sale of wood products harvested on those watershed lands under the management of the division of water supply protection;
(4) all payments from the authority for debt service under section 12 of said chapter 92A 1/2;
(5) all interest earned on monies in the trust; and
(6) gifts, grants, donations, or other contributions made for the purpose of supporting the watershed and water supply activities set forth in subsection (e).
(e) Notwithstanding any general or special law or other restriction to the contrary, expenditures from the trust shall not be subject to appropriation and balances remaining at the end of any fiscal year shall not revert to the general fund, and expenditures from the trust shall be made only for the purposes set forth in the memorandum and annual work plan as approved by the board pursuant to subsection (c), including:
(1) the maintenance and operating costs of the department’s division of water supply protection, as established in sections 1 to 20, inclusive, of chapter 92A 1/2, including the costs of capital improvements necessary to ensure the safety and purity of the water supply and protection of watershed lands pursuant to state and federal standards, capital costs, and the costs of the purchase or leasing of vehicles and all other equipment as considered necessary by the division, and other authorized charges of the division of water supply protection, as set forth in the Annual Work Plan’s operating plan, operating budget, and capital budgets prepared jointly by the department and authority, and reviewed and approved by the board of trustees pursuant to subsection (c); provided, that no expenditure may be made for operating, maintenance, and capital costs of the department’s division of water supply protection that were previously budgeted as expenses of the former department of environmental management that were non-reimbursable by the authority;
(2) department salaries, staffing levels, other employee expenses, operational expenses, acquisition of capital equipment, and all other expenses, as set forth in the Annual Work Plan’s operating plan, operating budget, and capital budgets prepared jointly by the department and authority, and reviewed and approved by the board of trustees pursuant to subsection (c); and
(3) debt service payments for bonds authorized by the general court for the acquisition of fee simple, development, and other rights or interests in land in the areas regulated by said division of water supply protection, if the bonds were authorized and bonded indebtedness incurred before the establishment of the trust.
(f) For the purpose of accommodating timing discrepancies between the trust’s receipt of revenues and related expenditures, the trust may incur expenses and the comptroller may certify payments from the trust in anticipation of trust receipts; but, the board of trustees shall annually certify to the comptroller that expenditures for the previous fiscal year did not exceed related assessments and trust receipts. No expenditures from said fund shall cause said fund to be in deficiency at the close of a fiscal year.
(g) The board of trustees shall not enter into any agreement to acquire, purchase, or transfer any assets and/or property the title of which is vested in the commonwealth, and/or considered to be watershed property by Massachusetts statute, as of the effective date of this act. Said restriction shall not be construed to be inconsistent with the terms and conditions of this section as they relate to the operation and governance of the trust, or any other provisions of this section.
