Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter four hundred and seventy-five of the acts of nineteen hundred and eighty is hereby repealed.

SECTION 2. The division of capital planning and operations is hereby authorized to execute and deliver in the name of and on behalf of the commonwealth, subject to the provisions of sections forty E through forty J of chapter seven of the General Laws, but notwithstanding the provisions of section forty H of chapter seven of the General Laws, one or more instruments to lease certain agricultural lands, woodlots and farm buildings at the Belchertown state school to the New England Small Farm Institute, for the purposes of promoting the development of the Small Farm Demonstration and Training Center. The original lease or leases of any such state owned land to the New England Small Farm Institute shall be for not less than fair market value for comparable rentals. Said original lease or leases shall be for a period not to exceed thirty years. Said division may renew such lease or leases for such land and buildings for an additional period of twenty years; provided, however, that all additional renewals or leases shall also require approval by the general court.

Said division shall provide the clerk of the house of representatives who shall forward copies to the joint committee on state administration of the general court and the inspector general of the commonwealth, a copy of said lease or leases at least twenty business days prior to the execution thereof by said division. The inspector general shall review and comment within fifteen business days of the receipt of such lease or leases. A copy of said review and comment, and any recommendations thereon by the inspector general, shall thereupon be forwarded to said clerk who shall forward copies to the joint committee on state administration. Said lease or leases, when executed by the deputy commissioner, shall be deemed conclusively authorized hereby; provided, however, that all provisions therein are consistent with the provisions of this act. The deputy commissioner from time to time is hereby authorized to execute and deliver, in the name and on behalf of the commonwealth, a notice of such lease or leases for recording and any and all other agreements and instruments related to the lease or leases authorized hereby which the division may determine appropriate from time to time. Any such notice of lease, lease instrument, or instruments, when executed by the deputy commissioner shall be deemed conclusively authorized hereby; provided, however, that all provisions therein are consistent with this act.

No sublease of such land and buildings or any portion thereof, for any purpose, other than for the promotion of the development of the Small Farm Demonstration and Training Center shall be executed without the prior approval of the general court.

No privately owned, occupied or financed building of any kind may be erected upon said land without the written approval of the division, and a written notification to the clerk of the house of representatives who shall forward copies to the joint committee on state administration, provided, however, any privately owned, occupied or financed building shall revert to the commonwealth upon the expiration of said lease or leases. Plans for any such building shall be submitted to said division for approval prior to any construction thereon. In a like manner any alteration, addition, destruction or demolition thereof shall also require the prior written approval of said division, and written notification to the joint committee on state administration. Copies of any and all such plans, together with all such written approvals by said division, shall be sent by said division to the joint committee on state administration to be kept on file.

The lease or leases shall provide that the commonwealth may repossess the leased premises together with any buildings erected thereon if payment of the rent or any other sum is not timely paid, or if the lessee otherwise defaults and notwithstanding such default, the lessee will continue to owe the rent and any other sums due the commonwealth under the provisions of said lease or leases. The lessee shall carry, in an amount approved in writing by the deputy commissioner of the division, comprehensive general liability insurance protecting the lessee and the commonwealth against personal injuries and property damage occurring on said leased premises or within any structure or building erected thereupon, and such fire and extended risk insurance, as said deputy commissioner deems appropriate.

No lease or leases, other than that provided for by the first paragraph, nor any sale, transfer, conveyance, or any other disposition of such land, and buildings, if any, may be made without the prior approval of the general court; provided, however, that any such lease or leases, other than that provided for by said first paragraph, sale, transfer, conveyance, or any other disposition of said land, and buildings if any, shall be carried out in accordance with the provisions of sections forty A to forty L, inclusive, of chapter seven of the General Laws except for section forty F 1/2 of said chapter seven and any other restrictions or requirements as the general court may deem necessary.

The provisions of the first, second, sixth, and ninth paragraphs of subsection (a) of section forty F 1/2 of said chapter seven, the first sentence of the seventh paragraph of said subsection (a), and subsection (b) of said section forty F 1/2, shall apply to all leases authorized by this section. For purposes of any lease authorized by this act, the declaration required by the ninth paragraph of said subsection (a) of said section forty F 1/2 shall apply only to those provisions of said section forty F 1/2 as set forth in this section.

SECTION 3. There is hereby created the small farm demonstration and training center review board, in the department of food and agriculture, the members of which shall be the deputy commissioner of the division of capital planning and operations, or his designee, the commissioner of food and agriculture, the director of the division of agricultural land use, the associate director of the cooperative extension service of the university of Massachusetts, the dean of the college of food and natural resources of the university of Massachusetts and the dean of the Stockbridge school of Agriculture of the university of Massachusetts, a member of the Belchertown conservation commission in the town of Belchertown and the superintendent of Belchertown state school. Said committee shall meet from time to time with any lessee to review the demonstration and training programs being carried out by any such lessee and shall prepare and submit to the division of capital planning and operations and the department of food and agriculture an annual report setting forth the activities being carried out by such lessee and said committee's recommendations with respect thereto. A copy of said report shall be sent to the clerk of the house of representatives who shall forward copies to the joint committee on state administration.

SECTION 4. Pursuant to section forty F of chapter seven of the General Laws, the amount of consideration for the lease of the parcels referred to in section two of this act, shall be an amount as determined by the deputy commissioner of capital planning and operations; provided, however, that if the deputy commissioner determines that the consideration should be less than fair market value, he shall provide a written disclosure in the central register, and a copy of which shall be sent to the clerk of the house of representatives who shall forward copies to the joint committee on state administration to be placed on file, detailing the reasons for such determination, and the amount of consideration may be approved at the lesser value. The consideration for said parcels shall take into account the lessee's obligations required by this act, the master plan, and the agreement.