S1857, An Act extending the Environmental Joint Powers Agreement that created the A-B-C Stormwater Flooding Board, originally filed in January by Senator Brownsberger asS343, was signed into law this morning by Governor Patrick.
The new law authorizes a procedure to retroactively extend the environmental joint powers agreement, authorized in 2005, that created the Arlington-Belmont-Cambridge Stormwater Flooding Board. Senator Brownsberger served previously as Chair of the Board (also known as the Tri-Community Working Group).
As described in the original joint powers agreement, the three communities ”are committed to developing a consenus approach to the management, protection, and enhancement of natural resources and the environment and to reducing or eliminating any adverse effects of flooding and other hazards emanating from stormwater flow in the Little River and Alewife Brook areas (the ‘Watershed’).”
The final language of the law can be found below:
“SECTION 1. Notwithstanding any general or special law to the contrary, the towns of Arlington and Belmont and the city of Cambridge, with the approval of the Cambridge city manager and the boards of selectmen of the towns of Arlington and Belmont and the secretary of energy and environmental affairs, may revive and continue to December 31, 2017 the 2005 environmental joint powers agreement that created the A-B-C Stormwater Flooding Board.
Within 30 days after the approval by the Cambridge city manager and the boards of selectmen of the towns of Arlington and Belmont, the Cambridge city manager and the boards of selectmen shall each submit the written notice of their approval to the secretary of energy and environmental affairs, who shall hold a public hearing within 60 days after receipt of all such notices. Within 30 days after the hearing, the secretary shall issue its decision of approval or disapproval to the office of the senate clerk. If approved by the secretary and submitted to the senate clerk, the 2005 environmental joint powers agreement shall be effective retroactively from the date of its expiration in 2010 until December 31, 2017.
SECTION 2. Nothing in this act shall limit the authority of any of the parties to terminate the agreement in accordance with its terms.
SECTION 3. Any further extension of the environmental joint powers agreement shall be subject to section 20 of chapter 21A of the General Laws.”
Anne Johnson Landry
Committee Counsel and Policy Advisor
Office of State Senator William N. Brownsberger