Bill H.4252

HOUSE DOCKET, NO. 4339 FILED ON: 6/20/2014

HOUSE . . . . . . . . . . . . . . . No. 4252

By Mr. Lawn of Watertown, a petition (subject to Joint Rule 12) of John J. Lawn, Jr., Michael Barrett and Thomas M. Stanley for legislation to authorize the Commissioner of Capital Asset Management and Maintenance to convey certain parcels of land in the city of Waltham. State Administration and Regulatory Oversight.

The Commonwealth of Massachusetts

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In the Year Two Thousand Fourteen

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An Act authorizing the commissioner of capital asset management and maintenance to convey certain parcels of land in the city of Waltham.

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 29 of the General Laws is hereby amended by inserting after section 2KKKK the following section:-

Section 2LLLL. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Health and Human Services Capital Projects Trust Fund, hereinafter in this section referred to as the fund, administered by the commissioner of the division of capital asset management and maintenance at the direction of the secretary of health and human services. The fund shall be credited: (i) the portion of any net cash proceeds from the conveyance, lease or other disposition of any facilities vacated by any agency within the executive office of health and human services and determined to be surplus by the commissioner of the division of capital asset management and maintenance; (ii) any appropriations; (iii) bond proceeds; or (iv) other monies authorized by the general court and specifically designated to be credited thereto. The comptroller shall disburse amounts in the fund at the direction of the commissioner of the division of capital asset management and maintenance, in consultation with the secretary of the executive office of health and human services, without further appropriation, for the purpose of paying costs of, or paying down any portion of any debt incurred to pay costs related to the acquisition, construction or improvements to health and human services facilities. The comptroller shall establish procedures necessary to effectuate this section, including procedures for the proper transfer, accounting and expenditures of funds. The comptroller may make payments in anticipation of receipts and shall establish procedures for reconciling overpayments and underpayments from the trust fund. The commissioner shall report semi-annually to the house and senate committees on ways and means on the revenue and expenditure activity within the fund. The fund shall be an expendable trust fund and shall not be subject to appropriation. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.

SECTION 2. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, section 402 of chapter 149 of the acts of 2004 or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, hereinafter referred to as the commissioner, may convey 1 or more parcels of land located at the state facility in Waltham known as the Fernald developmental center to the city of Waltham. The parcels are shown on a plan entitled “Plan of Land in the City of Waltham, Massachusetts, Middlesex County owned by the Commonwealth of Massachusetts and prepared for the Division of Capital Asset Management and Maintenance on behalf of the Department of Mental Health”, dated February 20, 2013, prepared by by Nitsch Engineering, Inc., on file with the division of capital asset management and maintenance. The exact location and boundaries of the parcels to be conveyed shall be determined by the commissioner, in consultation with the city of Waltham. The use of the parcels to be conveyed to the city shall not be restricted to use for municipal or other specific uses; provided, however, that the city may so restrict the parcels at a later date, in accordance with applicable general and special law. The parcels shall be conveyed by deed without warranties or representations by the commonwealth.

SECTION 3. As consideration for the conveyance of the parcels described in section 2, the city of Waltham shall pay the commonwealth an amount equal to certain costs related to the closure of the Fernald developmental center in Waltham including, but not limited to, the costs of removing combustible materials, disconnecting certain utilities, and otherwise closing those buildings located on the parcels conveyed, routine security, and other capital expenditures and operating expenses incurred by the commonwealth in preparation for or following the closure of the Fernald developmental center, as determined by the commissioner and agreed to by the city. The city of Waltham may pay the amount so determined by the commissioner and agreed to by the city upon its purchase of the parcels described in section 2 or the city may pay the amount so determined in 10 annual payments pursuant to section 20A of chapter 58 of the General Laws. If the city’s payment of consideration pursuant to this section so requires, the city may seek voter approval pursuant to subsection (k) of section 21Cof chapter 59 of the General Laws.

SECTION 4. In the event that the city of Waltham sells or leases any portion of the parcels described in section 2, the net proceeds from such sale or lease as determined by the city and agreed to by the commissioner, shall be allocated between the city of Waltham and the commonwealth in equal shares; provided, however, that the commissioner may agree to reduce the share of the commonwealth’s proceeds to not less than 30 per cent of net proceeds in order to provide certain incentives to the city of Waltham to sell or lease some or all of the parcels described in section 2 expeditiously or to facilitate the development of some or all of the parcels in accordance with smart growth principles in chapter 40R of the General Laws or promulgated by the governor and secretaries of energy and environmental affairs and housing and economic development; provided further that the commissioner may agree to reduce the share of the commonwealth's proceeds by an additional 10 per cent of net proceeds or up to not less than 20 per cent of net proceeds if some or all parcels described in section 2 are developed into affordable housing as defined in section 2 of chapter 40R of the General Laws. In the event that the net proceeds, as so determined, is a negative amount, the commonwealth shall not be required to make any payments to the city of Waltham. Any proceeds received by the commonwealth pursuant to this section shall be deposited into the Health and Human Services Capital Projects Trust Fund established pursuant to section 2LLLL of chapter 29 of the General Laws.

SECTION 5. Notwithstanding any general or special law to the contrary, the city of Waltham shall pay for all costs and expenses of the transactions authorized in this act as determined by the commissioner including, but not limited to, the costs of any recording fees and deed preparation related to the conveyances and for all costs, liabilities and expenses of any nature and kind related to the city’s ownership of the parcels; provided, however, that such costs shall be included for the purposes of determining the net proceeds of the city’s sale or lease of any portion of the parcels described in section 2. Amounts paid by the city of Waltham pursuant to section 3 shall not be included for the purposes of determining the net proceeds from a sale or lease.

SECTION 6. (a) In the event that the city of Waltham does not complete its purchase of the property described in section 2 on or before June 30, 2014, notwithstanding sections 33 to 38, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner may sell, lease for terms up to 99 years, including all renewals and extensions, or otherwise grant, convey or transfer to purchasers or lessees an interest in the property described in section 2 or portions thereof, subject to this section and on such terms and conditions that the commissioner considers appropriate; provided, however, that the purchase by the city of Waltham shall be considered complete upon the transfer of title to the parcel or parcels described in section 2 to the city. The commissioner shall dispose of the property, or portion thereof, using appropriate competitive bidding processes and procedures. At least 30 days before the date on which bids, proposals or other offers to purchase or lease a property, or any portion thereof, are due, the commissioner shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating the availability of the property, the nature of the competitive bidding process and other information that the commissioner considers relevant, including the time, place and manner for the submission of bids and proposals and the opening of the bids or proposals.

(b) Notwithstanding any general or special law to the contrary, the grantee or lessee of all or any portion of the property described in section 2 and subject to this section shall be responsible for costs and expenses including, but not limited to, costs associated with deed preparation and recording fees related to the conveyances and transfers authorized in this section as such costs may be determined by the commissioner.

(c) No agreement for the sale, lease, transfer or other disposition of the property described in section 2 and subject to this section, or any portion thereof, and no deed executed by or on behalf of the commonwealth, shall be valid unless the agreement or deed contains the following certification, signed by the commissioner:

“I, the undersigned commissioner of capital asset management and maintenance, hereby certify under penalties of perjury that I have fully complied with the relevant provisions of general and special law in connection with the property described in this document.”

SECTION 7. In any disposition pursuant to section 2 or section 6, the commissioner may retain, accept or acquire by purchase, transfer, lease, eminent domain, pursuant to chapter 79 of the General Laws or otherwise, and may grant by deed, transfer, lease or otherwise any rights-of-way or easements, in, over or beneath any parcel or portions thereof, or any other portions of the Fernald developmental center, as the commissioner deems necessary and appropriate for the continued access to, egress from and use of portions of the Fernald developmental center by the general public or other state agencies or to carry out this act; provided however that in any disposition pursuant to section 2, such retention, acceptance, acquisition, or grant of any rights-of-way or easements in, over or beneath the parcels or any portions thereof shall be subject to the approval of the city of Waltham.

Name:	District/Address:	Date Added:
John J. Lawn, Jr.	10th Middlesex	6/20/2014
Michael J. Barrett	Third Middlesex	6/20/2014
Thomas M. Stanley	9th Middlesex	6/20/2014