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. To provide for a program of studies, preparation of plans, construction, reconstruction, alteration, and improvement of various state properties, and for the purchase of certain properties, including the purchase of furnishings, and equipment, the sums set forth in sections two to thirty-four, inclusive, for the several purposes and subject to the conditions specified under said sections two to thirty-four, inclusive, are hereby made available, subject to the provisions of law regulating the disbursement of public funds and the approval thereof.

SECTION 2.

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`tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

`tch `tc1 `ts Item `t+1 `tc1 `tch;end `tc1 1102-9883) 1102-8842) `tc4 For the purposes of item 1102-8842 of chapter seven hundred and twenty-three of the acts of nineteen hundred and eighty-three; to be in addition to the amount appropriated in said item `tc6 $7,000,000 `tc1 2000-8881 `tc4 For a study and the preparation of plans, if necessary, and repairs and improvements to public wharfs in the commonwealth; provided, however, that twenty-five per cent of the costs of any project funded herein shall be provided by a match from federal, local or private sources `tc6 $6,000,000

`tc2 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. `tc1 2120-8881) 2120-8844) 2120-9801) `tc4 For a study and the preparation of plans, acquisition of land, development, furnishings and equipment, and associated costs in connection with the Urban Heritage State Park Programs in North Adams, New Bedford, Fall River, Gardner, Holyoke, Lawrence, Lynn, Lowell, Springfield, in the Turners Falls District of the town of Montague, in the Dorchester and Roxbury districts of the city of Boston, in the town of Milton, and in the Blackstone River and Canal Heritage State Park; provided further, that no less than three million dollars shall be expended for the development and reconstruction of the Urban Heritage Park in the city of Lynn; provided, however, that said funds be expended pursuant to chapter five hundred and twelve of the acts of nineteen hundred and eighty; and provided, further, that the department of environmental management file biannual progress reports detailing the status of each park, expenditures to date, types of expenditures and projected costs of completion with the house and senate committees on ways and means and with the secretaries of administration and finance and environmental affairs; said reports to be filed on or before April first and October first, commencing in the calendar year nineteen hundred and eighty-eight. Amounts appropriated herein to be in addition to amounts appropriated in item 2120-9801 of section two of chapter seven hundred and ninety-eight of the acts of nineteen hundred and seventy-nine and in item 2120-8844 of section two B of chapter seven hundred and twenty-three of the acts of nineteen hundred and eighty-three and section two of chapter four hundred and forty-one of the acts of nineteen hundred and eighty-four `tc6 $38,000,000 `tc1 2120-8882) 2120-8841) `tc4 For a study which shall include an inventory, and the preparation of plans, if necessary, and for the acquisition, rehabilitation and restoration of the Olmsted Parks in the commonwealth; provided that the department of environmental management is hereby authorized to make grants to municipalities for studies, planning, engineering services, and for construction and the restoration of said Olmsted Parks. Amounts appropriated herein to be in addition to amounts appropriated in item 2120-8841 of section four of chapter seven hundred and twenty-three of the acts of nineteen hundred and eighty-three `tc6 $17,000,000 `tc1 2120-8883) 2120-7849) `tc4 For a continuous program of cleaning and dredging and flood control improvements for harbors and inland waters and for projects affecting tidal interchange. Amounts herein appropriated shall be in addition to amounts appropriated in item 2120-7849 of section four of chapter seven hundred and twenty-three of the acts of nineteen hundred and eighty-three `tc6 $8,000,000 `tc1 2120-8884 `tc4 For the control of algae and weeds and the clean-up of Long Pond in the town of Tewksbury `tc6 $200,000 `tc3 DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING. `tc1 2200-7886 `tc4 For the purpose of conducting a study of the North River in Salem, including a site examination and screening of potential treatment and disposal methods and containment sites for materials removed, followed by a full scale pilot study conducted by the department. The pilot study may include the performance and evaluation of several dredging, treatment, disposal and containment options for the North River's contaminated sediments. Data collected from said pilot study activities shall be used to select the most feasible alternatives for the mitigation of impacts from the North River contaminated sediments on public health and the environment `tc6 $1,400,000 `tc3 METROPOLITAN DISTRICT COMMISSION. `tc2 Watershed Management Division. `tc1 2420-8881 `tc4 For repairs, renovations, and if necessary, for studies and engineering designs, of water supply dams; for improvements of water purification systems; for repairs and renovations of the Watershed Management Division's facilities; and for the maintenance of the Rutland-Holden sewer `tc6 $3,000,000 `tc2 Parks Division. `tc1 2440-8881 `tc4 For the restoration and relocation of the pavilions, bandstand and seawall at Revere Beach `tc6 $7,000,000 `tc1 2440-8882) 2440-8816) `tc4 For the demolition, construction and alteration to Nantasket Beach bath house in Hull, including sitework, the costs of furnishings and equipment, and any other costs related thereto; to be in addition to the amount appropriated in item 2440-8816 of chapter seven hundred and seventy-eight of the acts of nineteen hundred and eighty `tc6 $2,900,000 `tc1 2440-8817 `tc4 For the restoration of the Johnson Playground in Jamaica Plain `tc6 $500,000 `tc1 2440-8883 `tc4 For the acquisition of Brook Farm in the West Roxbury section of the city of Boston, and for the preparation of plans, if necessary, and for the development of a park at the site, including but not limited to, infrastructure repairs, basic improvements and furnishings and equipment `tc6 $3,000,000 `tc1 2440-8884) 2440-8840) `tc4 For the acquisition of land and for the construction of flood control improvements and developments to provide local flood protection to the Town Brook Basin in the city of Quincy; provided, however, that funds appropriated herein shall be limited to the scope and extent of the combined federal and state project and shall not be used for acquisitions, improvements or developments that are not also participated in by federal funds; to be in addition to the amount appropriated in item 2440-8840 of chapter seven hundred and twenty-three of the acts of nineteen hundred and eighty-three `tc6 $10,200,000 `tc1 2440-8885) 2440-8796) 2440-9814) 2444-7872) `tc4 For studies and the preparation of plans, if necessary, and for the purchase of land, if needed for demolition, construction, reconstruction, and rehabilitation including furnishings and equipment, of existing or new metropolitan district commission facilities and structures, including the completion of a greenbelt from Castle Island to the Blue Hills Reservations, as the case may be, located in MDC's Southern Shores Target Area. Funds approved herein shall be in addition to amounts appropriated in item 2440-8796 of chapter five hundred and thirteen of the acts of nineteen hundred and seventy-eight, item 2440-9814 of chapter five hundred and seventy-eight of the acts of nineteen hundred and eighty, and item 2444-7872 of chapter three hundred and three of the acts of nineteen hundred and eighty-seven `tc6 $12,800,000 `tcol;end

SECTION 3. The secretary of environmental affairs is hereby authorized to expend a sum not exceeding thirty million dollars for the acquisition of property, easements, rights in development and associated costs on properties within the Quabbin, Ware river, Wachusett and Sudbury watersheds for the protection of the water resources of the commonwealth. Said funds shall be allocated by the comptroller to the department of fisheries, wildlife and environmental law enforcement and the metropolitan district commission pursuant to schedules filed with the comptroller. For all purposes of other general and special laws debt service on bonds issued for extending the watershed of the metropolitan district commission's division of watershed management shall be deemed debt service of the division, and such extensions by said division made pursuant to this section shall be considered a capital improvement for the purposes of section one hundred and thirteen of chapter ninety-two of the General Laws. Amounts appropriated in this section shall be in addition to amounts previously appropriated for this purpose.

SECTION 4. The secretary of environmental affairs is hereby authorized to expend a sum not exceeding ten million dollars for grants to cities and towns for the improvement of public coastal facilities pursuant to the provisions of chapter twenty-one F of the General Laws. The amount hereby appropriated shall be in addition to any funds previously appropriated for this purpose.

SECTION 5. The secretary of environmental affairs is hereby authorized to expend a sum not exceeding ten million dollars for the purposes of establishing a grant program to cities and towns and state agencies and commissions for studies and the preparation of plans, if necessary; and for the purchase of land, if needed; for demolition, construction, reconstruction and rehabilitation, including furnishings and equipment, of recreational facilities in urban areas throughout the commonwealth with high population density, as determined by said secretary. Not less than one-half of the funds appropriated herein shall be used by the metropolitan district commission or for grants to cities and towns within the jurisdiction of metropolitan district commission, and not less than thirty-five per cent of the funds authorized herein shall be obligated for the city of Lawrence for the acquisition of land and the construction of recreational facilities in said city.

SECTION 6. The secretary of the executive office of environmental affairs is hereby authorized to expend a sum not exceeding ten million dollars for the purpose of establishing an emergency land conservation grant program to cities, towns and state agencies or commissions within said secretariat. Grants authorized herein shall be issued for emergency land acquisitions, the purchase of development restrictions, easements or other interests in land acquired through eminent domain proceedings and any costs incurred by a city or town for compensating a land owner resulting from local zoning decisions, including any legal fees incurred by such city or town for defending such zoning decisions. Said emergency grants may only be issued to a city, town and state agencies or commissions for said purposes when said secretary determines that no other source of funds is available and the purpose for which a grant is requested is of extreme environmental sensitivity and requires state intervention to ensure the preservation of the public health, welfare or environment. Said secretary shall not award grants to any city, town and state agency or commission for a project that, in the opinion of said secretary and the secretary of the executive office of communities and development, is unreasonably restrictive of housing, particularly housing for low and moderate income families or economic development; provided, however the secretary of the executive office of environmental affairs shall state his reasons for denying a grant based on restrictive housing or restrictive economic development in writing to any grant applicant. Said secretary shall establish regulations for the purpose of carrying out the provisions of this section.

SECTION 7. The secretary of the executive office of environmental affairs is hereby authorized to expend two million dollars for the boatyard preservation restrictions program as set forth in this section for land actively devoted to construction, repair, maintenance or storage of commercial or recreational vessels.

There is hereby established a boatyard preservation restriction program within the division of coastal zone management. The director of said division may purchase boatyard preservation restrictions from any boatyard owner in the commonwealth subject to the approval of the secretary of the executive office of environmental affairs upon the recommendation of the boatyard preservation committee established hereunder, based on an application from the city or town wherein a boatyard is located. The director shall establish rules, regulations and criteria for the boatyard preservation program, provided, however, that such rules, regulations and criteria shall at a minimum guarantee public coastal access at any boatyard which participates in this program including, but not limited to, right-of-passage on the beach area and, to the extent possible as determined by said director in consultation with said secretary, public boat launching access at such boatyards. Title to boatyard preservation restrictions purchased hereunder shall be held in the name of the commonwealth; provided, however, that said director may establish regulations, subject to the approval of said secretary, and establish standards which would enable an interested city or town to administer the preservation restriction in such city or town. Said director, subject to the approval of said secretary, shall pay for boatyard preservation restrictions an amount recommended by the boatyard preservation committee; provided, however, that such amount shall not exceed the difference between the fair market value of such land and the fair market value of such land if it is restricted to marine construction, repair and storage purposes.

There is hereby created a boatyard preservation committee in the office of coastal zone management, the members of which shall be the director of coastal zone management, who shall be chairman, the secretary of economic affairs, the director of the office of state planning, or their respective designees, and three members appointed by the governor, two of whom shall be owners and operators of boatyards in the commonwealth. Said committee shall evaluate and reject or recommend projects submitted by cities and towns to the director of the division of coastal zone management. In so evaluating, the committee shall consider at a minimum the following:-

(1) The suitability of land as to amount of waterfront property and other criteria for boatyards use.

(2) The fair market value of such land and the fair market value of such land when used for boatyard purposes as determined by independent appraisals.

(3) The degree to which the acquisition would serve to preserve the marine construction, repair, maintenance and storage potential of the commonwealth. The director of coastal zone management may establish such rule and regulations as may be deemed necessary to carry out the purposes of this section.

A boatyard preservation restriction means a right, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land appropriate to retaining land or water areas predominantly in their use for marine construction, maintenance, storage and repair, to forbid or limit any and all (a) construction or placing of buildings except for those used for marine construction, maintenance, storage and repair purposes or for dwellings used for family living by the land owner, his immediate family or employees; (b) excavation, dredging, or removal of loam, peat, gravel, soil, rock or other mineral substance in such a manner as to adversely affect the land's overall future potential for use as a boatyard; and (c) other acts or uses detrimental to such retention of the land for use as a boatyard. Such boatyard preservation restrictions shall be in perpetuity.

SECTION 8. The secretary of environmental affairs is hereby authorized to expend a sum not to exceed twenty-five million dollars for assistance to cities and towns in the acquisition of land pursuant to the provisions of section eleven of chapter one hundred and thirty-two A of the General Laws and the provisions of this section.

In awarding grants through regulations promulgated to effect the provisions of this section and said section eleven of chapter one hundred and thirty-two A, said secretary may include the following considerations in determining the total points earned for each grant application. Said secretary may award up to ten additional points to a municipality for the existence or planned acceptance of major state public institutions or facilities including but not limited to state and county prisons, mental health facilities, regional solid waste facilities, federal and state military reservations, excluding institutions of public higher education, within said municipality. Said secretary may award up to ten additional points to a municipality which has voted to override any local debt limit or property tax limit for the purpose of providing funds to purchase open space in the preceding two fiscal years.

Notwithstanding the provisions of said section eleven of said chapter one hundred and thirty-two A or any other general or special law to the contrary, grants awarded from funds authorized herein shall be for up to ninety per cent of the total cost of the approved project, including study, design and acquisition. For the purposes of this section, all municipalities in the state shall be divided into deciles based on the relative ranking of equalized property valuations per capita of all municipalities in the state, as determined by the secretary of administration and finance. Municipalities in the decile ranking of the lowest property valuations per capita shall be eligible for up to a ninety per cent state reimbursement of the total approved cost and municipalities in each subsequently higher decile shall be eligible for up to three per cent less than the immediately preceding decile.

The secretary of environmental affairs is hereby authorized to grant up to an additional ten per cent to the percentage a municipality is eligible for, as determined by the provisions of the preceding paragraph, if said secretary determines the municipality to be one of extreme critical need or if the proposed project is one of particular environmental sensitivity. No more than five municipalities per year shall be designated to be in need of the additional ten per cent or less grant.

Said secretary shall set aside twenty per cent of the funds authorized within this section for the purposes of awarding grants to municipalities who are included within the lowest two deciles of equalized property valuations per capita of all municipalities in the state. Said secretary shall actively encourage applications from said municipalities within each grant round and shall provide technical assistance to said municipalities to assist with the application process.

SECTION 9. The secretary of environmental affairs is hereby authorized to expend a sum not to exceed thirty million dollars for assistance to cities and towns in the acquisition and development of land pursuant to the provisions of chapter nine hundred and thirty-three of the acts of nineteen hundred and seventy-seven and the provisions of this section.

Of the amount authorized herein, said secretary is hereby authorized to expend a sum not exceeding two million dollars to assist towns with a population of fewer than thirty-five thousand residents to acquire land for municipal park and recreation purposes and for the restoration and rehabilitation of such municipal park and recreation lands in accordance with the requirements and procedures of chapter nine hundred and thirty-three of the acts of nineteen hundred and seventy-seven; provided further, that of said two million dollars, no grant shall exceed fifty thousand dollars for any single project.

In awarding grants through regulations promulgated to effect the provisions of this section and said section eleven of said chapter one hundred and thirty-two A, said secretary may include the following considerations in determining the total points earned for each grant application. Said secretary may award up to ten additional points to a municipality for the existence or planned acceptance of major state public institutions or facilities including but not limited to state and county prisons, mental health facilities, regional solid waste facilities, federal and state military reservations, excluding institutions of public higher education, within said municipality. Said secretary may award up to ten additional points to a municipality which has voted to override any local debt limit or property tax limit for the purpose of providing funds to purchase open space in the preceding two fiscal years.

Notwithstanding the provisions of said chapter nine hundred and thirty-three or any other general or special law to the contrary, grants awarded from funds authorized herein shall be for up to ninety per cent of the total cost of the approved project, including study, design and acquisition. For the purposes of this section, all municipalities in the state shall be divided into deciles based on the relative ranking of equalized property valuations per capita of all municipalities in the state, as determined by the secretary of administration and finance. Municipalities in the decile ranking of the lowest property valuations per capita shall be eligible for up to a ninety per cent state reimbursement of the total approved cost and municipalities in each subsequently higher decile shall be eligible for up to three per cent less than the immediately preceding decile.

The secretary of environmental affairs is hereby authorized to grant up to an additional ten per cent to the percentage a municipality is eligible for, as determined by the provisions of the preceding paragraph, if said secretary determines the municipality to be one of extreme critical need or if the proposed project is one of particular recreational importance. No more than five municipalities per year shall be designated to be in need of the additional ten per cent or less grant.

Said secretary shall set aside twenty per cent of the funds authorized within this section for the purposes of awarding grants to municipalities who are included within the lowest two deciles of equalized property valuations per capita of all municipalities in the state. Said secretary shall actively encourage applications from said municipalities within each grant round and shall provide technical assistance to said municipalities to assist with the application process.

SECTION 10. The secretary of environmental affairs is hereby authorized to expend a sum not exceeding five hundred thousand dollars for the development of statewide planning and land management capabilities and to facilitate coordination of the various land acquisition and development programs under the jurisdiction of the executive office, including but not limited to programs initiated by the departments of environmental management, food and agriculture, environmental quality engineering, fisheries, wildlife and environmental law enforcement, and the metropolitan district commission; and for the preparation of a report detailing all land owned by the state and managed by the executive office of environmental affairs or its constituent agencies and the purposes used therefor, said report to be filed with the clerk of the house of representatives who shall forward the same to the joint committee on natural resources and the house and senate committees on ways and means by February first, nineteen hundred and eighty-eight and updated periodically thereafter; and for the study of the need for a program to protect lands around drinking water reservoirs.

SECTION 11. The commissioner of the department of environmental management is hereby authorized to expend a sum not to exceed six million three hundred thousand dollars for the costs of planning, study, design, acquisition, engineering, construction, reconstruction, improvement and expansion of recreational facilities, including costs of equipment related thereto. Amounts appropriated herein shall be in addition to any funds previously appropriated for this purpose.

SECTION 12. The commissioner of the department of environmental management is hereby authorized to expend a sum not exceeding eleven million two hundred thousand dollars for the acquisition of land and associated costs in connection herewith to continue a program for the protection and enhancement of the state parks system, including acquisition of land and interests therein situated in or adjacent to state parks, state forests, state reservations, or other protected land permanently open to the public; provided, further, that no less than five hundred thousand dollars be expended for the acquisition and development of a public beach at Lake Lorraine in the city of Springfield.

The commissioner may initiate said program in cooperation or in conjunction with one or more nonprofit organizations whose purposes are consistent with the objectives of this section; provided, however, that said property shall be held by the department of environmental management for the purpose of conservation and recreation under the provisions of chapter one hundred and thirty-seven A of the General Laws. The amount hereby appropriated to be in addition to any funds previously appropriated for this purpose.

SECTION 13. The commissioner of the department of environmental management is hereby authorized to expend a sum not exceeding ten million dollars for a program of grants to cities and towns for the purpose of planning, design, acquisition, development and associated costs in connection with the rehabilitation and restoration of commons and squares in city and town centers; provided, however, that the city of Worcester shall receive not less than four per cent of the funds appropriated herein. The amount hereby appropriated shall be in addition to any funds previously appropriated for this purpose.

SECTION 14. The commissioner of the department of environmental management is hereby authorized to expend a sum not exceeding twenty-eight million five hundred thousand dollars for the acquisition of lands fronting on rivers and for the design and construction of recreational facilities thereon, including associated costs for conservation and recreation purposes, provided that not less than five hundred thousand dollars of the amount authorized herein be obligated and expended for the purposes of an interagency agreement between said department and the department of public works for the purposes of a study, design, planning, engineering, acquisition, development and related and associated costs for improvement of lands within or adjacent to traffic reconstruction projects of the department of public works. The amount hereby appropriated shall be in addition to any funds previously appropriated for this purpose.

SECTION 15. The commissioner of the department of environmental management is hereby authorized to expend a sum not exceeding three million dollars for a study, and the preparation of plans, if necessary, and for development of Maudsley State Park in the city of Newburyport, including costs of furnishings and equipment and interpretive exhibits.

SECTION 16. The commissioner of the department of environmental management is hereby authorized to expend a sum not exceeding one hundred and fifty thousand dollars to prepare and implement a comprehensive regional open space program for the towns of Bellingham, Blackstone and Franklin.

SECTION 17. The commissioner of the department of environmental management is hereby authorized to expend a sum not exceeding two million dollars for planning and a program of grants to municipalities for the purpose of design, construction, engineering, site improvements, and associated costs in connection with the rehabilitation and restoration of lighthouse structures and adjacent land; provided, however, that any and all grants shall be matched with a fifty per cent cash or in-kind grant for the costs of such projects from federal, local or private sources; and provided, further, than any municipality receiving a grant from funds appropriated herein shall, as a condition of any such grant, agree to provide maintenance thereof and permit access to any such structure and adjacent land to the general public in accordance with a long-term agreement with said department.

SECTION 18. The commissioner of environmental management is hereby authorized to expend a sum not exceeding ten million dollars for acquisition as authorized by section one of chapter seven hundred and forty-two of the acts of nineteen hundred and seventy and for studies, the preparation of plans, and for the design, construction, development and associated costs, including costs of equipment and furnishings, of recreational facilities in the Boston Harbor Islands State Park, for the rehabilitation and improvement of existing park facilities, and for the purpose of entering into agreements with the city of Boston for the development and associated costs of recreational facilities on Boston Harbor Islands owned by the city.

The city of Boston is hereby authorized to receive and expend funds from the department of environmental management for studies, the preparation of plans, and for design, construction, development and associated costs, including the costs of furnishings and equipment, of recreational facilities on the Boston Harbor Islands, subject to the terms of an agreement with the commissioner of environmental management relative to the use of said funds. All such funds shall be expended by the city of Boston only in accordance with said agreement, and the agreement shall be subject to the approval of the secretary of administration and finance. The department of environmental management may obtain title or lesser interest in land on the Boston Harbor Islands owned by the city of Boston which is to be developed for recreation or conservation.

SECTION 19. The commissioner of the department of environmental management is hereby authorized to expend a sum not exceeding forty million dollars for the acquisition of land and easements in land fronting saltwater, whether containing beaches or otherwise, and associated costs herewith, for the purpose of continuing a long-term program of providing and ensuring conservation of, and public access to, saltwater front properties; provided, however, that said commissioner may expend funds appropriated herein for the acquisition of land and easements in land fronting freshwater rivers within the coastal zone and associated costs herewith. The amount hereby appropriated shall be in addition to any funds previously appropriated for this purpose.

SECTION 20. The commissioner of the department of environmental management is hereby authorized to expend a sum not exceeding two million two hundred and fifty thousand dollars for a grant program to cities and towns for rehabilitation and repair of federally constructed local flood protection projects and dam repairs; provided, however, that not more than seven hundred and fifty thousand dollars may be expended for grants to cities and towns for dam repairs. The grants authorized in this section shall be issued in accordance with guidelines and criteria established by said department; provided, further, for the purpose of meeting the eligibility requirements for dam repair grants authorized in this section, a city or town may accept a transfer of ownership of a dam from a private entity; provided, however, that upon application for dam repair grants, a city or town accepting transfer of ownership of a dam from a private entity must provide proof to said commissioner that ownership of such dam has been legally transferred to such city or town.

SECTION 21. The commissioner of the department of environmental management is hereby authorized to expend three million dollars for the development, construction and associated cost for the Pope Island marina in the city of New Bedford. The amounts appropriated in this section shall be in addition to any funds previously appropriated for this purpose.

SECTION 22. The commissioner of the department of environmental management is hereby authorized to expend a sum not exceeding six million dollars to initiate a program to preserve, protect and enhance the integrity and beauty of coastal properties and beaches owned by said department, said sum to cover costs including, but not limited to, studies, preparation of plans, if necessary, construction and reconstruction, renovation and maintenance of existing buildings, roads, parking lots, drainage structures, walkways, fences, and other improvements, revegetation, reconstruction and protection of dunes; improving public access; and conformance with coastal and other environmental laws and regulations.

SECTION 23. The commissioner of the department of environmental management is hereby authorized to expend a sum not exceeding five million dollars for the study and the preparation of plans, if necessary, and associated costs for the acquisition and development of trails in the commonwealth. The amount hereby appropriated shall be in addition to any funds previously appropriated for this purpose.

SECTION 24. The commissioner of the department of environmental management is hereby authorized to expend a sum not exceeding two million dollars for development, rehabilitation and maintenance costs in the underutilized parks and forests in the Northern Tier, so-called, particularly in the Wendell, Erving, and Warwick State Forests; said sum to cover costs including, but not limited to, studies; preparation of plans, if necessary; construction and reconstruction, renovation, repair and maintenance of necessary and existing buildings and structures, including boat ramps, bridges, and dams, roads, fences, parking lots, trails, camp grounds, utility systems, signs; acquisition and maintenance of equipment; and other costs of improvements for protection and enhancement of natural resources in said forests.

SECTION 25. The division of capital planning and operations is hereby authorized to transfer the control and jurisdiction of a certain parcel of land, and buildings located thereon, in the city known as the town of Methuen, such parcel being bounded and described as set forth in section two of chapter six hundred and six of the acts of nineteen hundred and eighty-two, to the department of environmental management.

The department of environmental management is hereby authorized to expend a sum not exceeding one million dollars for the purpose of development and associated costs in connection with the establishment of a public passive recreational park thereon.

The deputy commissioner of the division of capital planning and operations, acting for and on behalf of the commonwealth, as provided in section forty F of chapter seven of the General Laws, is hereby authorized to convey to the city known as the town of Methuen, by deed approved as to form by the attorney general, the parcel of land referred to in the first paragraph of this section upon completion of development by the department of environmental management of a public passive recreation park thereon; provided, however, that said city demonstrates to the department the ability to maintain said property and enters into an agreement with said department and division to maintain said property as a passive recreation park which shall be open to the general public.

SECTION 26. The commissioner of the department of environmental management is hereby authorized to grant to the counties of Hampden and Hampshire an amount not to exceed two hundred and ten thousand dollars for the purpose of conducting a management plan and boundary survey of Mount Tom reservation located in the city of Holyoke, such grant to be in accordance with such terms and conditions as are determined by the department.

SECTION 27. The department of environmental quality engineering is hereby authorized to expend a sum not to exceed fifteen million dollars for grants to cities, towns and districts for the acquisition of lands and waters and easements by said cities, towns, and districts to protect and conserve groundwater aquifers and recharge areas, surface water supplies and watershed areas, and surface or underground lands adjacent to said resources, for the protection of water that is determined by said department to be of potential use for water supply purposes, consistent with section one hundred and sixty of chapter one hundred and eleven of the General Laws; provided, however, that any such grants approved by the department and provided hereunder to cities, towns and districts may be for up to eighty per cent of the eligible costs of such projects; and provided further, that the department of environmental quality engineering shall establish standards and guidelines for the administration and disbursement of said funds and criteria for the receipt of such funds with the approval of the water resources commission. No city, town, district or commission shall receive such assistance unless it has adopted or is in the process of adopting a local water resources management plan pursuant to regulations established by the water resources commission. The amount hereby appropriated shall be in addition to any funds previously appropriated for this purpose. The department is directed to develop guidelines and standards relative to the protection of potability of surface water. Said standards shall be made available to municipalities of the commonwealth for the purpose of adopting local regulations to protect surface water supplies.

The department may accept, and expend on behalf of the commonwealth, without further appropriation, funds provided by any federal program for these purposes. The department may enter into contracts with agencies of the United States to obtain federal grants or reimbursements under related federal programs.

SECTION 28. The commissioner of the department of environmental quality engineering, pursuant to section fifteen, may, subject to available funds and subject to criteria which said commissioner may establish pursuant to said section, acquire land or easements surrounding Silver Lake in the town of Kingston.

SECTION 29. The commissioner of the department of fisheries, wildlife and environmental law enforcement is hereby authorized to expend a sum not exceeding thirty million dollars for the acquisition of lands and associated costs for: (a) lands fronting on rivers and streams, including cold water streams; (b) wildlife lands and corridors; (c) land adjacent to conservation lands; and (d) lands identified as rare and endangered (animal or plant) species habitat provided, however, that not less than twenty per cent of the funds expended under this section shall be expended on properties within the coastal zone as defined by the Massachusetts office of coastal zone management, including coastal anadromous stream, provided further, however, that the comptroller shall allocate amounts herein appropriated for the purpose identified in clauses (a), (b), (c), and (d) pursuant to schedules filed with the comptroller by the secretary of environmental affairs based on recommendations filed with said secretary by the commissioner of the department of fisheries, wildlife and environmental law enforcement; provided, however, that said schedules shall also be filed with and approved by the house and senate committees on ways and means; provided, further, said schedules shall be deemed approved if, within twenty-one days of receipt of said schedules by either committee, no action is taken by either committee. Said schedules shall correspond, to the extent feasible, to the proportional expenditures proposed by the October nineteen hundred and eighty-six Plan of the department of fisheries, wildlife and environmental law enforcement entitled "capital outlay request - a five point ten year plan land of acquisition". The amount hereby appropriated to be in addition to any funds previously appropriated for this purpose.

SECTION 30. The commissioner of the department of fisheries, wildlife, and environmental law enforcement is hereby authorized to expend a sum not exceeding one million five hundred thousand dollars for the acquisition and development of land on lake, pond, saltwater and riverfront property for the purposes of providing public access. The amount hereby appropriated to be in addition to any funds previously appropriated for this purpose.

SECTION 31. The commissioner of the department of food and agriculture is hereby authorized to expend a sum not exceeding thirty-five million dollars for a program to acquire agricultural preservation restrictions pursuant to sections eleven A to eleven D, inclusive, of chapter one hundred and thirty-two A of the General Laws.

Any person or entity who receives funds from the amounts authorized herein shall be encouraged to participate in any and all programs of the department of food and agriculture as may be suggested by the commissioner of the said department. These programs may include, but not be limited to, integrated pest management, pesticide regulation and reduction, agri-composting, etc. The agricultural lands preservation committee shall prioritize the allocation of funds awarded herein for the acquisition of agricultural preservation restrictions on those lands deemed to be of significance to the protection and preservation of the commonwealth's agricultural balance. The amount hereby appropriated shall be in addition to any funds previously appropriated for the purpose.

SECTION 32. The commissioner of the metropolitan district commission is hereby authorized to expend a sum not exceeding forty-eight million dollars for land acquisition and related improvements on properties within the metropolitan park district, and, land in and around rivers, streams, ponds and marshes, including Constitution beach in the East Boston section of the city of Boston, within the jurisdiction of the metropolitan district commission to provide or enhance public access to or enjoyment of such rivers, streams, ponds and marshes. Notwithstanding the provisions of any general or special law to the contrary, the metropolitan district commission is hereby authorized to carry out site clearance including demolition of structures, and preparation, relocation, reclamation and development which said commission deems necessary and appropriate to restore and improve the natural setting of said land, rivers, streams, ponds and marshes and improve the water quality thereof. The amounts hereby appropriated shall be in addition to any funds previously appropriated for this purpose.

SECTION 33. The metropolitan district commission is hereby authorized to expend a sum not exceeding five hundred thousand dollars to renovate and refurbish the Ventura street playground, located at Suffolk county within the metropolitan district commission parks reservation area.

SECTION 34. The commissioner of the metropolitan district commission is hereby authorized to expend a sum not exceeding five million dollars for studies, the preparation of plans, and for design, construction, development and associated costs, including the costs of furnishings and equipment, of recreational facilities in the Boston Harbor Islands State Park and for the improvement and rehabilitation of existing park facilities.

SECTION 35. Notwithstanding the provisions of section thirteen of chapter six hundred and twenty-nine of the acts of nineteen hundred and eighty-two, clause (K) of section five of chapter six hundred and six of the acts of nineteen hundred and fifty-eight, sections seven and fourteen of said chapter six hundred and six, or any other special or general law to the contrary, the Massachusetts Convention Center Authority shall not construct a two-lane traffic tunnel under the Public Garden, Charles Street and Boston Common from Commonwealth avenue at or near Arlington Street, all within the city of Boston, to the Boston Common Garage within boundaries substantially as follows:-

Beginning at a point on Commonwealth avenue at about midway between Arlington street and Berkley street and running in an easterly direction on and under Commonwealth avenue, and under Arlington street, the Public Garden and Charles street at a location on Charles street approximately midway between Beacon and Boylston streets to the garage, so located as not to disturb permanently the Washington Monument or the bridge over the Public Garden pond, as authorized by the former clause (H) of section two of said chapter six hundred and six; nor any other tunnel or structure under said Public Garden.

SECTION 36. The department of fisheries, wildlife and environmental law enforcement may acquire lands identified as rare and endangered species habitat by taking such lands by eminent domain under the provisions of chapter seventy-nine of the General Laws using the funds appropriated by section twenty-nine of this act, or section nine J of chapter seven hundred and twenty-three of the acts of nineteen hundred and eighty-three, or funds in the Nongame Wildlife Fund established by section five B of chapter one hundred and thirty-one of the General Laws and appropriated for land acquisition purposes.

SECTION 37. Each agency acquiring land or interest in land pursuant to the provisions of sections three, twelve, nineteen, twenty-nine, and thirty-one, may expend an amount not exceeding five per cent of the amount appropriated to such agency in said sections for the purpose of reimbursing nonprofit land conservation organizations or land trusts for their reasonable expenses directly associated with the acquisition of land or interests in land subsequently conveyed to the commonwealth. Reimbursements shall be made at the discretion of each agency, subject to the approval of the secretary of the executive office of administration and finance. The executive office of administration and finance shall determine by regulation what shall constitute reasonable expenses. Any organization receiving a reimbursement pursuant to this section shall convey such land or interest in land to such agency for an amount not exceeding the actual purchase price paid by such organization for such land or interest in land in addition to any reimbursement received pursuant to this section.

SECTION 38. A portion of the funds provided in sections two to thirty-four, inclusive, of this act, subject to the prior approval of the secretary of administration and finance, may be used for the costs associated with the acquisition and development of property. Such associated costs may include the cost of legal services, appraisals, design, engineering, inspections, audits and planning. No amounts authorized pursuant to said sections two to thirty-four, inclusive, of this act, shall be used for the payment of any salaries of permanent or temporary employees of the commonwealth. No amounts authorized in said sections two to thirty-four, inclusive, of this act, shall be used by any recipient municipality for the supplementing or supplanting of normal operating expenses of any function of said municipality.

SECTION 39. Notwithstanding the provisions of any general or special law to the contrary, all coastal lands, including beaches, and other properties fronting on saltwater or freshwater bodies or recreational facilities acquired or improved under grants to cities, towns from funds authorized pursuant to sections eight and nine of this act, shall be open to all residents of the commonwealth and no local residency, automobile parking or other restrictions or entrance or use fees shall be imposed on such public access to such properties. The secretary of environmental affairs shall promulgate rules and regulations to enforce the provisions of this section. Said secretary may waive said access requirements if it is deemed necessary by said secretary.

SECTION 40. Any and all land acquisitions by a city, town, state agency or commission funded pursuant to sections two to thirty-four, inclusive, of this act shall be eligible, prior to such acquisition for an assessment by the department of environmental quality engineering of the possibility of the presence of oil or hazardous waste on said land acquisitions if said assessment is deemed warranted by the nature, location or previous uses of said land acquisition, as determined by the secretary of environmental affairs upon petition by the purchasing body. The costs of said assessment shall be assumed by the department of environmental quality engineering out of any funds available to it for the purposes of carrying out the provisions of chapter twenty-one E of the General Laws. Said assessment shall be in accordance with said department's authority and procedures as established within said chapter. Nothing in this section shall be construed to prohibit said department from carrying out its responsibilities against any party pursuant to section five of said chapter twenty-one E.

SECTION 41. No state agency or commission responsible for the administration of any program authorized and funded by sections two to thirty-four, inclusive, of this act shall expend or obligate more than twenty-five per cent of the total funds available for each such individual program for the purchase of one individual acquisition without the prior written approval of the secretary of the executive office of environmental affairs.

SECTION 42. No funds provided in sections two to thirty-four, inclusive, of this act shall be obligated or expended by any city, town or state agency or commission for the purchase of land from the federal government, the commonwealth or any political subdivision thereof without the approval of the secretary of environmental affairs. Said secretary shall not approve said purchase unless said secretary determines in writing that failure to do so would have a significant adverse environmental impact and that the unit of government that proposes to sell the parcel in question is unable to preserve the nature and character of said parcel in a way consistent with the best interests of the commonwealth.

SECTION 43. The state treasurer may borrow from time to time on credit of the commonwealth such sums of money as may be necessary for the purposes of meeting payments authorized by this act, and may issue and renew from time to time notes of the commonwealth therefor, bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, nineteen hundred and ninety-seven. Notes and the interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.

SECTION 44. To meet the expenditures necessary in carrying out the provisions of sections two to thirty-four, inclusive, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, not exceeding in the aggregate, the sum of five hundred million, one hundred and ten thousand dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Environmental Enhancement and Protection Loan, Act of 1987, and shall be issued for such maximum term of years not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided however, that all such bonds shall be payable not later than June thirtieth, two thousand and seventeen. All interest and payments on account of principal and such obligation shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 45. There is hereby established a special advisory committee to consist of the commissioner of the department of environmental management or his designee, the commissioner of the metropolitan district commission or his designee, and three persons to be appointed by the governor one of whom shall be a representative of the Massachusetts Municipal Association, and, one of whom shall be from the private sector involved in recreational facilities for the purpose of making an investigation and study relative to the construction, reconstruction or management of recreational facilities, such as public skating arenas, municipal swimming pools, tennis facilities and golf courses.

Said advisory committee shall report to the house of representatives the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerk of the house of representatives on or before December thirtieth, nineteen hundred and eighty-eight.

SECTION 46. The provisions of sections fifty-one and fifty-four of this act shall not be construed to abrogate the rights of any person in an action to establish title by adverse possession who has seized or possessed real property or an interest in real property for no less than twenty years pursuant to section thirty-one of chapter two hundred and sixty of the General Laws prior to the effective date of this act.

SECTION 47. Section 12 of chapter 286 of the acts of 1982, is hereby amended by striking out the sixth paragraph and inserting in place thereof the following paragraph:-

From funds made available by bonds issued pursuant to the provisions of sections twenty-one and twenty-two, said director is authorized to expend a sum, not to exceed four million dollars in any one fiscal year, for the purpose of carrying out the provisions of the Massachusetts clean lakes and great pond program as set forth in section thirty-seven A of chapter twenty-one of the General Laws; provided, however, the division shall give equal consideration to fresh and salt water lakes and ponds; and provided, further, that any funds left unexpended in any fiscal year shall also be available for expenditure in the subsequent fiscal year.

SECTION 48. Item 2120-8847 of section 4B of chapter 723 of the acts of 1983 is hereby amended by striking out the wording and inserting in place thereof the following:-

For the design and construction or for the acquisition of land with existing building or buildings and their reconstruction, if necessary, including furnishing and equipping of a skating rink in central Hampshire county, to be in addition to the amount appropriated in item 2630-8752 of section four of chapter five hundred and nineteen of the acts of nineteen hundred and seventy-four, and item 2120-8798 of section four of chapter five hundred and thirteen of the acts of nineteen hundred and seventy-eight; and provided, further, that upon completion, the department of environmental management shall transfer said rink to the city of Northampton for operation and maintenance.

SECTION 49. Said chapter 723 is hereby further amended by striking out section 9I and inserting in place thereof the following section:-

Section 9I. The commissioner of the department of fisheries, wildlife and environmental law enforcement is hereby authorized to expend a sum not exceeding four million dollars for the acquisition and associated costs of land along the Farmington river for the purpose of preservation and continuation of a wilderness corridor; provided, however, that two million dollars may be transferred to the department of environmental management for the acquisition of land pursuant to schedules filed by the secretary of environmental affairs with the comptroller; and provided, further, that such sum may also be expended for the acquisition of land along urban rivers and waters of the commonwealth for the purposes of preservation of wildlife habitat and recreation.

SECTION 50. Section 11U of said chapter 723, as appearing in section 28 of chapter 233 of the acts of 1984, is hereby amended by striking out, in line 8, the word "twenty-eight" and inserting in place thereof the word:- thirty-five.

SECTION 51. Section 40E of chapter 7 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Real property, record title to which is held in the name of a state agency or the board of trustees of a state agency or similar board of a state agency, shall be deemed to be real property of the commonwealth. No deed or other instrument shall be required to effect the transfer of the commonwealth of title to such real property, but the land court department of the trial court shall, upon petition of the division of capital planning and operations, issue in the name of the commonwealth a certificate of title to any real property, title to which is registered under chapter one hundred and eighty-five in the name of a state agency or the board of trustees of a state agency or similar board of a state agency. Notwithstanding any general or special law to the contrary, no person shall acquire any rights by prescription or adverse possession in any lands or rights in lands held in the name of the commonwealth.

SECTION 52. The first paragraph of section 5G of chapter 59 of the General Laws, as so appearing, is hereby amended by inserting after the word "watershed", the first time it appears, in line 4, the words:- , Wachusett Watershed, Sudbury watershed.

SECTION 53. Section 160 of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The department of environmental quality engineering shall establish a program to assist the cities, towns and districts of the commonwealth to acquire, by purchase, gift, lease, eminent domain, or otherwise lands and waters and easements therein to protect and conserve groundwater aquifers and recharge areas, surface water resources and watersheds, and land adjacent to, or nearby said resources, as it determines necessary to meet further water resource needs of the commonwealth for municipal or regional water supply. Said department shall develop criteria and procedures for the administration of said program subject to the approval of the water resources commission. No such city, town or district shall receive such assistance hereunder unless such city, town or district has adopted or is in the process of adopting a local water resources management plan pursuant to regulations established by the water resources commission.

SECTION 54. Section 31 of chapter 260 of the General Laws, as so appearing, is hereby amended by inserting after the word "ponds", in line 9, the words:- ; provided, further, that this section shall not bar any action by or on behalf of the commonwealth, or any political subdivision thereof, for the recovery of land or interests in land held for conservation, open space, parks, recreation, water protection, wildlife protection or other public purpose.

SECTION 55. This act shall take effect upon its passage.