April 2024 Legislative Update

House Sees Link Between Housing and Water Infrastructure

One of the more eagerly anticipated pieces of legislation on Beacon Hill is the housing bond bill, filed by Governor Maura Healy last fall. The legislation, House Bill 4138, would provide over $4 billion in bond authorization for the development of new housing throughout the Commonwealth. Recently released from the Joint Committee on Housing, House Speaker Ron Mariano recently stated that the House’s version of the same legislation will call for expansion of the Massachusetts Water Resources Authority’s (MWRA’s) service area. Speaker Mariano did not identify the specific areas where the MWRA would be authorized or directed for expansion.

Created by the Massachusetts legislature in 1984, the MWRA currently provides wholesale water and sewer services to 3.1 million people and more than 5,500 businesses in 61 communities in eastern and central Massachusetts. Since October 2022, the MWRA has had three feasibility studies completed, looking at the potential to expand the MWRA system in the MetroWest area, the Ipswich River Basin and to the South Shore.

As reported by the State House News Service, two of the reports specifically indicate that water infrastructure is a crucial prerequisite for population growth and the kind of revved up housing production that most state leaders want to encourage. The South Shore report says that many of the towns studied "continue to experience challenges in meeting the water demands and growth expectations of their communities" and the MetroWest report concluded that towns in that region "may experience challenges in meeting water demands and growth expectations of their communities." The MetroWest study calculated a maximum water demand of 57.1 million gallons per day and an average of 30.8 million gallons per day for the towns studied. It concluded that "the MWRA's water system has sufficient capacity to supply the current maximum day demand of the MetroWest communities in the study area under normal operating conditions." For the South Shore and Ipswich River Basin, the MWRA's studies concluded that capacity either is or could be available to meet the projected demand (48.9 million gallons per day for the Ipswich River Basin and 40.5 million gallons per day for the South Shore towns).

While interested in how to distribute its excess capacity water, the MWRA has also been moving forward to create redundant water flow systems that would enable the agency to address the infrastructure vulnerabilities associated with the existing tunnel system. The project proposes the construction of two new deep rock water supply tunnels, about 15 miles long in total and running 200 to 400 feet below the ground surface of several communities. The redundant tunnels would originate at the westernmost point of the Metropolitan Tunnel System near the interchange of Interstates 90 and 95, and one would run north towards Waltham and the other would head towards Boston. Construction for that project is estimated to take 8 to 12 years and is planned to occur between 2027 and 2040.

In addition to the potential for MWRA expansion, Governor Healey’s housing bill also contains $175 million for a HousingWorks program that will mimic the MassWorks program in its provision of grant funding to assist in the development of key infrastructure for new housing.

To review House Bill 4138, please visit:

https://malegislature.gov/Bills/193/H4138.

The Healey-Driscoll Administration Funds Grants to Assess

Needs for Supporting Critical Habitats

Mid-March saw the Healey-Driscoll Administration award $182,897 in federally funded grant awards for projects that will preserve critical habitat, support fish migration, and improve tidal flow to salt marshes in the Buzzards Bay watershed. The four grants, which are being matched by nearly $90,000 in state, local, and private funds, are being awarded by the Buzzards Bay National Estuary Program (NEP) through the Massachusetts Office of Coastal Zone Management (CZM), with funding from the U.S. Environmental Protection Agency (EPA) Southeast New England Program.

The following municipalities were awarded grants:

Town of Fairhaven ($15,000). Funding to purchase a conservation restriction on a 5.75-acre parcel of land to prevent future development, preserve natural resources, and provide passive recreational opportunities to the public. The property, consisting of coastal forest, wetlands, and a perennial stream, immediately connects to over 250 acres of existing conservation land as well as the regional multi-use Phoenix Bike Trail.
Town of Marion ($47,897). Funding to complete feasibility/conceptual designs to replace two undersized culverts on Delano Road in Marion. The culverts restrict water flow between the expansive wooded wetlands of the Great Swamp and adjacent coastal habitats of Buzzards Bay.
Town of Wareham ($70,000). This grant will allow for complete feasibility/conceptual designs to support the replacement of a tidally restrictive culvert on Indian Neck Road at the Crooked River. The project will also investigate the partial removal of a dike that restricts tidal exchange within the adjacent Jack’s Marsh. The replacement of these structures will support climate resilience goals by improving tidal exchange to 11 acres of marsh and facilitating future pathways for marsh migration to adjacent low-lying areas in the face of rising sea levels.
Town of Westport ($50,000). Funding will allow for complete data collection and survey work to advance the replacement of three undersized and deteriorating culverts located on cold water streams. The culverts reduce aquatic connectivity, serve as barriers to native fish migration, and pose risks to public safety.

The Office of Coastal Zone Management is the lead policy and planning agency on coastal and ocean issues within the Executive Office of Energy and Environmental Affairs. Created in 1985, the Buzzards Bay National Estuary Program provides grants and technical assistance to Buzzards Bay watershed communities to protect and restore water quality and natural resources in Buzzards Bay and its surrounding watershed and is one of 28 similar programs designated by the EPA.

Massachusetts to Require Analysis of Cumulative Impacts for

Air Quality Permits near Environmental Justice Populations 

According to a press release issued at the end of March, the Healey-Driscoll Administration will address air quality issues in or near environmental justice areas by amending the Commonwealth’s air pollution regulations. The changes require certain facilities seeking air emissions permits in or near communities with environmental justice populations to conduct a cumulative impact analysis, which evaluates existing local environmental and health conditions in a community. The regulations also require enhanced public outreach to, and meaningful involvement of, environmental justice populations in the permitting process. The new regulations are now in force and apply to permit applications filed with the Massachusetts Department of Environmental Protection (MassDEP) on or after July 1, 2024. 

Under existing regulations, new facilities are not required to assess potential pollution in light of existing environmental and health conditions or existing pollutant sources in the area. By requiring new and expanding facilities that will emit air pollution to conduct a cumulative impacts analysis prior to applying for an air permit, residents will be empowered with practical information about potential impacts to their health and community. Among the specific areas the new regulations address includes, but are not limited to:

Community Engagement. The regulations apply to projects that would emit significant amounts of air pollutants in or near environmental justice communities – for example, certain power plants, large boilers, and manufacturing facilities. At least 60 days before applying for a new or modified air permit, the permit applicant must provide a notification and fact sheet about the proposed project to nearby environmental justice populations, local officials, and the Massachusetts Department of Environmental Protection (DEP). The applicant also must provide public involvement opportunities and document and respond to comments and concerns raised by the public. 
Comprehensive Analysis. The new rules require permit applicants to assess existing community conditions by evaluating 33 environmental, health, and socio-economic indicators. These indicators help characterize existing pollution sources, health vulnerabilities, and other stressors that could be worsened by increased air emissions from the proposed project. The updated rules require a more comprehensive analysis of the impacts of these projects to local communities, including consideration of existing air pollution and health conditions; vulnerabilities in affected communities; and socioeconomic and demographic indicators.

The MassDEP has developed guidance and tools in support of the new regulations that can be used by permit applicants and environmental justice populations. These include guidance on how to conduct a cumulative impact analysis, including public outreach, assessment of existing community conditions, and analysis of cumulative impacts; a Mapping and Data Application for use in the assessment of existing community conditions; and a Massachusetts Air Toxics Risk Screening Tool (MATRiST) that can be used in the cumulative impact analysis to estimate cumulative air toxics risks from proposed projects.

Within two years of the effective date of the regulations, the MassDEP will seek input and feedback from the public regarding potential updates for the regulations.

More information on cumulative impact analysis requirements can be found at:

www.mass.gov/info-details/cumulative-impact-analysis-in-air-quality-permitting.

Ipswich River Basin to Receive Funding to Combat PFAS

March saw the Healey-Driscoll Administration announce it has awarded $2.3 million in grants to help seven communities with water sources in the Ipswich River Basin optimize their water supply and treat for per- and poly-fluoroalkyl compounds, known as PFAS or “forever chemicals” due to their persistent nature. The grants are part of an effort by the Executive Office of Energy and Environmental Affairs (EEA) and the MassDEP to maintain and improve access to clean and safe drinking water.

The grant program will be administered by the MassDEP to guide near-term action items to address challenges to water quality, as well as longer-term management efforts. Initiatives are focused on addressing water contaminants such as PFAS and connecting water supplies for emergency backup, treatment efficiencies, and other needs,

The following communities and water suppliers were awarded funds:

Hamilton, Wenham, Salem Beverly Water Supply Board (SBWSB)($232,490). This project will analyze, permit and design a new interim water supply connection between Hamilton and Wenham to ensure a supply from the SBWSB on an emergency and possibly a long-term basis. This project will also analyze and produce a conceptual design of available treatment strategies for removing PFAS from Wenham’s two groundwater sources.

Town of Wilmington ($180,200). This project consists of planning and 90 percent design (including drawings and specifications for civil and mechanical design elements, geotechnical, structural, electrical, and instrumentation and controls) of a booster water pump station to increase capacity of the town’s Massachusetts Water Resources Authority (MWRA) connection so that Wilmington can supply water to their maximum daily demand.

Town of Ipswich ($493,112). This project reimburses the town for steps taken to develop a new water treatment plant, which will address limited treatment capacity, including PFAS. The new treatment plant is being designed with capacity to treat additional sources of water quality and quantity in the Parker River Basin, improving the opportunity to reduce the town’s reliance on its river basin sources. This project also funds monitoring wells around a potential new water source outside of the Ipswich River Basin.

Lynnfield Center Water District (LCWD)($695,000). This project consists of the construction of the vault and associated system components to connect the Wakefield and LCWD systems. This includes: a 21-foot by 7.5-foot concrete, below-grade vault; approximately 200 feet of 8-inch transmission pipe; valve for controlling flow through the interconnection; venturi meter for measurement of flow; and sample station and associated instrumentation and controls.

Lynnfield Center Water District (LCWD)($75,000 / $540,025 / $84,100). This project will assist the LCWD in applying for and meeting the requirements of a MWRA membership, including all necessary certificates and permits. Further grant funding will fund engineering design of the Granulated Activated Carbon treatment system configuration at the Glen Drive water treatment plant to remove PFAS contamination in drinking water sources in the Ipswich River Basin. Finally, grant funding was received to fund a portion of the infrastructure design of a raw water pipeline from LCWD’s source at Station 2 (Main Street) to the Glen Drive Water Treatment Plant and associated pumping upgrades to allow for the treatment of PFAS.

For more information about the Ipswich Water Supply and PFAS Program, please visit:

https://www.mass.gov/info-details/water-management-act-grant-programs-for-public-water-suppliers.

$50 Million in ARPA Funds to Jumpstart EV Infrastructure

In an announcement that did not gain as much traction as it probably should have, the Healey-Driscoll Administration announced in February an investment of $50 million in initiatives to build out electric vehicle (EV) charging infrastructure across Massachusetts. The American Rescue Plan Act (ARPA) funds will increase access to charging infrastructure for more residents, electrify the state fleet, improve operation of public charging stations, manage the impact of charging infrastructure on the electric grid, and provide charging solutions for difficult to electrify vehicle types.

The $50 million in ARPA funds will support innovative EV technology programs at the Massachusetts Clean Energy Center (MassCEC), charging infrastructure investments for the state fleet through Division of Capital Asset Management and Maintenance (DCAMM) and the Department of Energy Resources (DOER), testing equipment and staff at the Division of Standards (DOS) to conduct inspections of public charging stations, and future analysis of EV charging needs by the Electric Vehicle Infrastructure Coordinating Council (EVICC).

Among the specific funding to be allocated includes, but is not limited to:

Electric Vehicle Curbside Parking for Residents in Multi-Unit Dwellings ($12.5 million). MassCEC will work to help municipalities expand access to EV charging for residents with limited access to home charging, particularly in environmental justice and urban communities. The project aims to increase the number of overnight curbside charging stations, including accessible pole-mounted and streetlamp EV charging solutions. A technical consultant will deploy on-street charging near multi-unit dwelling neighborhoods and provide guidance to municipalities for future implementation.
Medium- and Heavy-Duty Electrification Mobile Charging Solutions ($9.5 million). Of particular note to UCANE members, MassCEC will complete a market characterization study paired with deployment projects to demonstrate mobile charging financial models and use cases for medium and heavy-duty (MDHD) vehicles. One major challenge to achieving electrification in this sector is project delays due to limits in grid infrastructure.
EV Charging at Priority State Facilities ($9.5 million). DCAMM will seek to install fleet EV charging infrastructure in 60 or more high priority sites at state facilities. Each site would receive an average of 4 EV ports and 4 make-ready spots, making it easy to double the number of charging stations in the future.

To learn more about the MassCEC’s work towards developing electric infrastructure solutions, please visit:

www.masscec.com/grid-modernization-and-infrastructure-planning.

Additional information about potential grant funding from the MassDEP for companies looking to electrify their fleets and update their electric infrastructure can be found at:

https://www.mass.gov/how-to/apply-for-massevip-workplace-fleet-charging-incentives.