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H 3999

Constitutional Amendment, dual office holding exclusions

2025-2026 Regular Session Introduced by Cody Mitchell and 1 co-sponsor

Creates the Transportation Stormwater Runoff Mitigation and Watershed Restoration Fund to retrofit roadways with passive treatment systems and restore impaired waters.

Referred to Committee on Judiciary
0
WeVote Research Nonpartisan
Bill Summary · H 3999

Summary of H.3999: An Act relative to establishing accountability for stormwater runoff mitigation and watershed restoration

Purpose and overall intent

  • Establishes a dedicated framework and funding stream for mitigating roadway-related stormwater runoff and advancing watershed restoration in Massachusetts.
  • Creates a formal program within the Massachusetts Department of Transportation (DOT) to retrofit road infrastructure with stormwater controls and contribute to broader watershed restoration efforts.
  • Aligns DOT activities with existing watershed permits and environmental standards administered by the Department of Environmental Protection (DEP).

Key provisions

1) Creation of the Transportation Stormwater Runoff Mitigation and Watershed Restoration Fund (Chapter 29)

  • A new fund in the Commonwealth’s books, administered by the DOT Secretary.
  • Fund sources (non-exhaustive):
    • A portion of roadway permitting fees (per Section 16H of Chapter 83).
    • State and federal grants targeting water quality and infrastructure.
    • DOT capital budget allocations designated for environmental mitigation.
    • General Court appropriations designated to the fund.
    • Interest earned on fund balances.
  • Money in the fund is not subject to further appropriation and does not revert to the General Fund at year-end.

2) Use of the Fund

  • Expenditures support the comprehensive program to mitigate roadway stormwater runoff and advance watershed restoration (as established in Section 16H of Chapter 83).

3) Annual reporting

  • The DOT must report annually to:
    • Chairs of the Joint Committee on Environment and Natural Resources and on Transportation.
    • House and Senate Ways and Means committees.
    • Clerks of the House and Senate.
  • Reports cover fund activity and compliance.

4) Chapter 83, Section 16H amendments (new Section 16H)

  • Defines key terms: Department (DOT), passive treatment mechanisms (e.g., vegetated swales, retention basins, constructed wetlands), stormwater runoff, and watershed restoration.
  • DOT must implement a statewide program to mitigate roadway stormwater runoff and support watershed restoration, in line with watershed permits and DEP standards (including those under Chapter 131, Section 40).
  • Requirements for DOT:
    • Conduct statewide assessment of highway culverts, drainage systems, and discharge points affecting impaired waters.
    • Develop and implement a prioritized plan to retrofit infrastructure with passive treatment mechanisms, prioritizing sensitive or impaired watersheds.
    • Allocate a percentage of roadway-related permitting fees to fund the program.
    • Collaborate with municipalities and regional planning agencies to align with existing watershed permits and restoration plans.

5) Administration and timeline

  • The program is funded through the Transportation Stormwater Runoff Mitigation and Watershed Restoration Fund (Section 2KKKKKK of Chapter 29).
  • DOT must promulgate rules and regulations within 12 months of the effective date.
  • The program must commence operations no later than 18 months after the effective date.

Affected entities and stakeholders

  • Primary: Massachusetts Department of Transportation (DOT).
  • Partnerships with municipalities and regional planning agencies.
  • Interaction with the Department of Environmental Protection (DEP) for permit alignment and standards.
  • Beneficiaries include water bodies and watersheds designated as impaired or sensitive.

Legislative status and timeline

  • Introduced: April 3, 2025.
  • Referred to Transportation; Senate concurred April 7, 2025.
  • Committee action: Reported favorably by committee and referred to the House Ways and Means (as of September 8, 2025).
  • Hearing dates noted in mid-2025, with rescheduling details provided.

Practical impact

  • Establishes a dedicated funding mechanism to fund stormwater mitigation and watershed restoration tied to transportation infrastructure.
  • Promotes retrofitting road networks with passive treatment systems to reduce pollutant loads entering waterways.
  • Increases transparency through annual reporting and defined performance metrics.
  • Encourages interagency and municipal collaboration to complement existing watershed permits and restoration efforts.

Compiled from official sources — confirm details with the bill’s official record.

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