Amendment #78 to H.3382

commuter boat service

Mr. Straus of Mattapoisett move that the bill be amended by adding the following section at the end thereof:





SECTION XX. (a) Notwithstanding any general or special law or regulation to the contrary, not later than January 1, 2014, the Massachusetts Bay Transportation Authority shall transfer to the Massachusetts Port Authority all of its right, title, and interest in all real and personal property associated with and employed in the operation and maintenance of the commuter boat service, including without limitation the following properties subject to the following terms:



(i) the properties located at 703 Washington Street in Quincy, Massachusetts (Fore River Shipyard Ferry Terminal lot) and 349 Lincoln Street in Hingham, Massachusetts (Hewitts Cove Ferry Terminal lot), immediately following which transfer the Massachusetts Port Authority shall transfer $18 million to the Commonwealth Transportation Fund established under section 2ZZZ of chapter 29 of the General Laws;

(ii) the Commuter Boat Service piers and the Fore River Terminal, immediately following which transfer the Massachusetts Port Authority shall transfer $500,000 to said Commonwealth Transportation Fund; and

(iii) the commuter boats commonly known as Lightning and Flying Cloud, following which transfer the Massachusetts Port Authority shall transfer to said Commonwealth Transportation Fund funds equal to the full and fair market value of the Massachusetts Bay Transportation Authority’s right, title, and interest in said commuter boats. For the purposes of this clause (iii), “full and fair market value” shall be the average of separate appraisals obtained by each party to the transfer. The inspector general shall review and approve each of the appraisals. The inspector general shall prepare a report of his review of the methodology used in the appraisals and shall file the report with the commissioner for submission to the house and senate committees on ways and means and the chairmen of the joint committee on bonding, capital expenditures and state assets.



(b) Effective on the date of the transfer required under subsection (a), the Massachusetts Port Authority shall be responsible for the ownership, operation and maintenance of the commuter boat service, and the Massachusetts Bay Transportation Authority shall cease to be responsible for such ownership, operation and maintenance. All warranties and all contract and indemnification rights and obligations arising out of or related in any way to the operation and maintenance of said properties and said Commuter Boat Service shall remain in full force and effect following such transfer of responsibility. The provisions of this section shall not limit or in any way impair the rights, remedies or defenses of the Massachusetts Bay Transportation Authority or the Massachusetts Port Authority in or to any such action.