[Congressional Record Volume 141, Number 203 (Monday, December 18, 1995)]
[Senate]
[Pages S18830-S18831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      VERMONT-NEW HAMPSHIRE INTERSTATE PUBLIC WATER SUPPLY COMPACT

  Mr. MACK. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 228, Senate 
Joint Resolution 38.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will state the joint resolution by title.
  The bill clerk read as follows:

       A joint resolution (S. J. Res. 38) granting the consent of 
     Congress to the Vermont-New Hampshire Interstate Public Water 
     Supply Compact.

  Mr. MACK. I ask unanimous consent that the joint resolution be deemed 
read the third time, passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the joint resolution be 
placed at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the joint resolution (S. J. Res. 38) was deemed read the the third 
time, and passed, as follows:

                              S.J. Res. 38

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. CONGRESSIONAL CONSENT.

       The Congress consents to the Vermont-New Hampshire 
     Interstate Public Water Supply Compact entered into between 
     the States of Vermont and New Hampshire. The compact reads 
     substantially as follows:

     ``Vermont-New Hampshire Interstate Public Water Supply Compact

                              ``ARTICLE I


                          ``GENERAL PROVISIONS

       ``(a) Statement of Policy.--It is recognized that in 
     certain cases municipalities in Vermont and New Hampshire 
     may, in order to avoid duplication of cost and effort, and in 
     order to take advantage of economies of scale, find it 
     necessary or advisable to enter into agreements whereby joint 
     public water supply facilities are erected and maintained. 
     The States of Vermont and New Hampshire recognize the value 
     of and need for such agreements, and adopt this compact in 
     order to authorize their establishment.
       ``(b) Requirement of Congressional Approval.--This compact 
     shall not become effective until approved by the United 
     States Congress.
       ``(c) Definitions.--
       ``(1) The term `public water supply facilities' shall mean 
     publicly owned water supply sources, storage, treatment, 
     transmission and distribution facilities, and ancillary 
     facilities regardless of whether or not the same qualify for 
     Federal or State construction grants-in-aid.
       ``(2) The term `municipalities' shall mean cities, towns, 
     village districts, or other incorporated units of local 
     government possessing authority to construct, maintain, and 
     operate public water supply facilities and to raise revenue 
     therefore by bonding and taxation, which may legally impose 
     and collect user charges and impose and enforce regulatory 
     control upon users of public water supply facilities.
       ``(3) The term `water supply agency' shall mean the 
     agencies within Vermont and New Hampshire possessing 
     regulating authority over the construction, maintenance, and 
     operation of public water supply facilities and the 
     administration of grants-in-aid from their respective State 
     for the construction of such facilities.
       ``(4) the term `governing body' shall mean the legislative 
     body of the municipality, including, in the case of a town, 
     the selectmen or town meeting, and, in the case of a city, 
     the city counsel, or the board of mayor and aldermen or any 
     similar body in any community not inconsistent with the 
     intent of this definition.

                              ``ARTICLE II


   ``PROCEDURES AND CONDITIONS GOVERNING INTERGOVERNMENTAL AGREEMENTS

       ``(a) Cooperative Agreements Authorized.--Any two or more 
     municipalities, one or more located in New Hampshire and one 
     or more located in Vermont, may enter into cooperative 
     agreements for the construction, maintenance, and operation 
     of public water supply facilities serving all the 
     municipalities who are parties thereto.
       ``(b) Approval of Agreements.--Any agreement entered into 
     under this compact shall, prior to becoming effective, be 
     approved by the water supply agency of each State, and shall 
     be in a form established jointly by said agencies of both 
     States.
       ``(c) Method of Adopting Agreements.--Agreements shall be 
     adopted by the governing body of each municipality in 
     accordance with statutory procedures for the adoption of 
     interlocal agreements between municipalities within each 
     State; provided, that before a Vermont municipality may enter 
     into such agreement, the proposed agreement shall be approved 
     by the voters.
       ``(d) Review and Approval of Plans.--The water supply 
     agency of the State in which any part of a public water 
     supply facility which is proposed under an agreement pursuant 
     to this compact is proposed to be or is located, is hereby 
     authorized and required, to the extent such authority exists 
     under its State law, to review and approve or disapprove all 
     reports, designs, plans, and other engineering documents 
     required to apply for Federal grants-in-aid or grants-in-aid 
     from said agency's State, and to supervise and regulate the 
     planning, design, construction, maintenance, and operation of 
     said part of the facility.
       ``(e) Federal Grants and Financing.--(1) Application for 
     Federal grants-in-aid for the planning, design, and 
     construction of public water supply facilities other than 
     distribution facilities shall be made jointly by the agreeing 
     municipalities, with the amount of the grant attributable to 
     each State's allotment to be based upon the relative total 
     capacity reserves allocated to the municipalities in the 
     respective States determined jointly by the respective State 
     water supply agencies. Each municipality shall be responsible 
     for applying for Federal and State grants for distribution 
     facilities to be located within the municipal boundaries.
       ``(2) Municipalities are hereby authorized to raise and 
     appropriate revenue for the purpose of contributing pro rata 
     to the planning, design, and construction cost of public 

[[Page S18831]]
     water supply facilities constructed and operated as joint facilities 
     pursuant to this compact.
       ``(f) Contents of Agreements.--Agreements entered into 
     pursuant to this compact shall contain at least the 
     following:
       ``(1) A system of charges for users of the joint public 
     water supply facilities.
       ``(2) A uniform set of standards for users of the joint 
     public water supply facilities.
       ``(3) A provision for the pro rata sharing of operating and 
     maintenance costs based upon the ratio of actual usage as 
     measured by devices installed to gauge such usage with 
     reasonable accuracy.
       ``(4) A provision establishing a procedure for the 
     arbitration and resolution of disputes.
       ``(5) A provision establishing a procedure for the carriage 
     of liability insurance, if such insurance is necessary under 
     the laws of either State.
       ``(6) A provision establishing a procedure for the 
     modification of the agreement.
       ``(7) A provision establishing a procedure for the adoption 
     of regulations for the use, operation, and maintenance of the 
     public water supply facilities.
       ``(8) A provision setting forth the means by which the 
     municipality that does not own the joint public water supply 
     facility will pay the other municipality its share of the 
     maintenance and operating costs of said facility.
       ``(g) Applicability of State Laws.--Cooperative agreements 
     entered into by municipalities under this compact shall be 
     consistent with, and shall not supersede, the laws of the 
     State in which each municipality is located. Notwithstanding 
     any provision of this compact, actions taken by a 
     municipality pursuant to this compact, or pursuant to an 
     agreement entered into under this compact, including the 
     incurring of obligations or the raising and appropriating of 
     revenue, shall be valid only if taken in accordance with the 
     laws of the State in which such municipality is located.


                             ``CONSTRUCTION

       ``Nothing in this compact shall be construed to authorize 
     the establishment of interstate districts, authorities, or 
     any other new governmental or quasi-governmental entity.

                             ``ARTICLE III


                            ``EFFECTIVE DATE

       ``This compact shall become effective when ratified by the 
     States of Vermont and New Hampshire and approved by the 
     United States Congress.''.

     SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.

       The right to alter, amend, or repeal this joint resolution 
     is hereby expressly reserved. The consent granted by this 
     joint resolution shall not be construed as impairing or in 
     any manner affecting any right or jurisdiction of the United 
     States in and over the region which forms the subject of the 
     compact.

     SEC. 3. CONSTRUCTION AND SEVERABILITY.

       It is intended that the provisions of this compact shall be 
     reasonably and liberally construed to effectuate the purposes 
     thereof. If any part or application of this compact, or 
     legislation enabling the compact, is held invalid, the 
     remainder of the compact or its application to other 
     situations or persons shall not be affected.

     SEC. 4. INCONSISTENCY OF LANGUAGE.

       The validity of this compact shall not be affected by any 
     insubstantial difference in its form or language as adopted 
     by the two States.

                          ____________________