Whereas , The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the disposition of certain property, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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. As used in this act, the following words shall, unless the context indicates otherwise, have the following meanings:-
"Commissioner", the commissioner of the division of capital asset management and maintenance.
"Committee", the Rutland state land planning committee.
"DCAMM", division of capital asset management and maintenance.
"Disposition", or "dispose", the sale, lease, sublease, grant of easements or other conveyances of interests in, and the conveyance by deed or any other action to otherwise grant, convey, demise, transfer or otherwise dispose of the site or any portion thereof or any interest therein, or in any other land owned by the commonwealth with respect to which a disposition is necessary or convenient for the disposition of the site or any portion thereof.
"RDIC", the Rutland development and industrial commission.
"Reuse plan", the plan entitled the "Rutland Heights Hospital Reuse Master Plan", dated April, 1997, as amended, prepared by the committee in consultation with the town of Rutland planning board and DCAMM and approved by the selectmen of the town of Rutland and the committee, a copy of which is on file with DCAMM and the town of Rutland. The commissioner may, subject to the appropriation of adequate funds, undertake such additional planning and study as the commissioner deems necessary to enhance, refine, and amend said reuse plan as it relates to the site and the uses thereof, subject to consultation with the board of selectmen of the town of Rutland and the committee.
"Rutland heights hospital" or "site", approximately 88 acres of land and the buildings and other improvements thereon owned by the commonwealth and known as the former Rutland Heights State Hospital in the town of Rutland. Subject to the appropriation of adequate funds, the commissioner shall prepare a survey of the site.
SECTION 2. The commissioner may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, sell in fee, lease for a term or terms up to 99 years or otherwise dispose of all or any portion of the site to the Rutland development and industrial commission, and the Rutland development and industrial commission may, notwithstanding any general or special law governing its acquisition of interests in real or personal property, acquire any such interests in all or any portion of the site, for uses consistent with the reuse plan, including, but not limited to, light industrial, manufacturing, offices, retail, housing, recreation and municipal uses, subject to such terms and conditions as the commissioner may from time to time prescribe. Such disposition of the site or any portion thereof shall be for full and fair market value as determined by the commissioner based on an independent professional appraisal undertaken in accordance with procedures customarily accepted by the appraising profession. Said appraisal shall reflect any decrease in the value of the site due to the presence of hazardous materials found as a result of the environmental analysis required by section 4. Said appraisal shall also reflect any increase in value to the site due to any construction, reconstruction, alteration, improvement, demolition or repair of facilities located on the site pursuant to said section 4. The inspector general shall review and approve said appraisal and said review shall include an examination of the methodology used for said appraisal. The inspector general shall prepare a report of his review and file said report with the commissioner for submission to the house and senate committees on ways and means and chairmen of the joint committee on state administration.
SECTION 3. The Rutland development and industrial commission may, subject to this act and section 6 of chapter 30B of the General Laws, and such other terms and conditions as the commissioner may prescribe, in a manner consistent with the reuse plan, solicit, evaluate and select development proposals for all or any portion of the site and to dispose of all or any portion of the site to a developer or developers or to the town of Rutland for uses consistent with the reuse plan. The selection of developers for any such disposition of all or any portion of the site by the Rutland development and industrial commission shall be undertaken in accordance with an open and competitive process, including the publication and issuance of a written request for proposals setting forth the required proposal contents, the date, time and place for proposal submission, and the selection criteria. The selection of proposals shall be made on the basis of criteria, including the anticipated economic development benefits and public benefits of the proposal, the experience, qualifications, capacity and capability of the proposer, and the consistency of the proposal with the request for proposal requirements. The disposition of all or any portion of the site to the town of Rutland for a public purpose shall not be subject to the foregoing competitive selection process.
SECTION 4. The division of capital asset management and maintenance may expend not more than $10,000,000 for the preparation of studies, surveys, title review, investigations of the site preparation of plans and specifications, a full environmental analysis of the site to determine the presence of hazardous materials that would require action under chapter 21E of the General Laws, environmental remediation, the appraisal required by section 2, the design, construction, reconstruction, alteration, improvement, demolition and repair of facilities located on the site; and administrative expenses, consultant fees and other expenses deemed necessary by the commissioner to further the disposition and redevelopment of the site or any portion thereof. The environmental analysis shall be made public.
SECTION 5. To meet the expenditures necessary to carry out the provisions of this act, the treasurer of the commonwealth shall, upon request of the governor, issue and sell bonds of the commonwealth, in amounts specified by the governor from time to time, not exceeding in the aggregate $10,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Rutland Heights State Hospital Loan, Act of 2000, and shall be issued for such maximum term not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all three bonds shall be payable not later than June 30, 2008. Bonds and interest therein issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.
SECTION 6. The state treasurer of the commonwealth may borrow from time to time on the credit of the commonwealth such sums of money in an amount not to exceed $10,000,000 as may be necessary for the purpose of making the 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 term, 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, but the final maturity dates of such notes, whether original or renewal, shall not be later than June 30, 2008. Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.
SECTION 7. The commissioner may, notwithstanding sections 40E to 40J, inclusive of chapter 7 of the General Laws or any other general or special law to the contrary: (i) retain, accept, acquire by purchase, transfer, lease, eminent domain or otherwise, any interest in real property, and (ii) dispose of by deed, transfer, lease or otherwise, any rights of way or easements for access, egress, drainage, utilities and other purposes in, over and beneath portions of the site and in, over and beneath other property of the commonwealth contiguous to the site or with respect to which such disposition is necessary or convenient for the disposition of the site or any portion thereof in each case, as the commissioner may determine to further the purposes of this act.