Bill H.4739

HOUSE DOCKET, NO. 5163 FILED ON: 11/15/2016

HOUSE . . . . . . . . . . . . . . . No. 4739

By Mr. Mariano of Quincy, a petition (accompanied by bill, House, No. 4739) of Ronald Mariano and others (with the approval of the mayor and city council) relative to facilitating urban redevelopment in the city of Quincy. Municipalities and Regional Government. [Local Approval Received.]

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act facilitating urban redevelopment in the city of Quincy.

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 32 of the acts of 2011 is hereby amended by striking out section 1 and inserting in place thereof the following section:-

Section 1. For the purposes of this act, the following terms shall have the following meanings unless the context clearly requires otherwise:

"City parcels", the 2 parcels of land currently owned by the city of Quincy in the urban renewal district which are known as the Ross Garage and Hancock Parking Lot and more particularly defined in a land disposition agreement, that the city will transfer in whole or in part to one or more designated redevelopers who will redevelop such city parcels and other privately owned land.

"Designated redeveloper", the person or persons designated by the city of Quincy pursuant to this act for the purpose of redeveloping the city parcels or portions thereof and other privately owned parcels within an urban renewal district as defined: (i) by this act; (ii) in chapter 121B of the General Laws; or (iii) under the terms of a land disposition agreement executed pursuant to this act.

"Land disposition agreement", an agreement between the city of Quincy and a designated redeveloper, including any amendments thereto, pursuant to which the city of Quincy shall transfer the city parcels or portions thereof to a designated redeveloper; provided, however, that any such land disposition agreement shall be subject to the approval of the department of housing and community development under chapter 121B of the General Laws.

“Person”, a natural person, corporation, association, partnership or other legal entity.

“Urban renewal district”, the area of downtown Quincy encompassed by that certain urban renewal plan known as the Quincy Center District Urban Revitalization and Development Plan, dated May 7, 2007, as amended.

“Urban renewal plan”, the Quincy Center District Urban Revitalization and Development Plan, dated May 7, 2007, as amended.

SECTION 2. Section 2 of said chapter 32 of the acts of 2011, is hereby amended by striking out, after the word "under", the following word "the" and inserting in place thereof, the following word:- “a”.

SECTION 3. Section 3 of said chapter 32 of the acts of 2011, is hereby amended by striking out, after the words "contrary," the following word "the" and inserting in place thereof, the following word:-“a”.

SECTION 4. Subsection (a) of section 12A of chapter 898 of the acts of 1973, as inserted by section 4 of chapter 32 of the acts of 2011, is hereby amended by striking out, after the words "pursuant to", the word "the" and inserting in place thereof, the following word:-“a”.

SECTION 5. Subsection (b) of section 12B of said chapter 898 of the acts of 1973, as inserted by said section 4 of said chapter 32 of the acts of 2011, is hereby amended by striking the words "the land disposition agreement dated January 25, 2011, between the city of Quincy and Hancock Adams Associates, LLC, the redeveloper" and inserting in place thereof the words:-“a land disposition agreement between the city of Quincy and a designated redeveloper”.

SECTION 6. The last sentence of said subsection (b) of said section 12B of said chapter 898 of the acts of 1973, as inserted by said section 4 of said chapter 32 of the acts of 2011, is hereby amended by striking out the words “will not be practicable or in conflict with the,” and inserting in place thereof the following words:- will not be practicable or that the project is in conflict with any.,.

SECTION 7. The second to last sentence of subsection (c) of said section 12B of said chapter 898 of the acts of 1973, as inserted by said section 4 of said chapter 32 of the acts of 2011, is hereby amended by striking out, after the words "major one under", the word "the" and inserting in place thereof, the following word: “any”.

SECTION 8. The last sentence of subsection (f) of said section 12B of said chapter 898 of the acts of 1973, as inserted by said section 4 of said chapter 32 of the acts of 2011, is hereby amended by striking out, after the words "major change under", the word "the" and inserting in place thereof, the following word: “any”.

SECTION 9. Subsection (b) of section 12C of said chapter 898 of the acts of 1973, as inserted by said section 4 of said chapter 32 of the acts of 2011, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Payments made by a designated redeveloper to the city of Quincy Affordable Housing Trust under a land disposition agreement described in subsection (b) of section 12B shall satisfy any displaced dwelling requirements of section 6 of chapter 121A of the General Laws.

SECTION 10. Section 12D of said chapter 898 of the acts of 1973, as inserted by said section 4 of said chapter 32 of the acts of 2011, is hereby amended by striking out, after the word "under", the word "the" and inserting in place thereof, the following word:- “a”.

SECTION 11. The first sentence of section 6 of said chapter 32 of the acts of 2011, is hereby amended by striking out after the words "set forth in", the following word "the" and inserting in place thereof, the following word:-“a”.

SECTION 12. The first sentence of the third paragraph of said section 6 of said chapter 32 of the acts of 2011, is hereby amended by striking out after the words "the terms of', the word "the" and inserting in place thereof, the following word:-“a”.

SECTION 13. The first sentence of section 7 of said chapter 32 of the acts of 2011, is hereby amended by striking out after the words "specified in", the word "the" and inserting in place thereof, the following word:-“a”.

SECTION 14. The second sentence of section 7 of said chapter 32 of the acts of 2011, is hereby amended by striking out after the words "pursuant to", the word "the" and inserting in place thereof, the following word:-“a”.

SECTION 15. Said chapter 32 of the acts of 2011 is hereby amended by striking out sections 9 and 10 and inserting in place thereof the following sections:-

Section 9. Notwithstanding any general or special law to the contrary, for the projects in the urban renewal district, a land disposition agreement shall be a contract and all of section 14 of chapter 121A of the General Laws shall apply to that contract. In addition to the specific items set forth in clauses (a) to (c), inclusive, of the first paragraph of said section 14 of said chapter 121A, the contract may obligate the city of Quincy to cause the construction of parking garages and other public improvements by the urban renewal corporation organized under chapter 121A of the General Laws or a designated redeveloper and to acquire them from the urban renewal corporation organized under chapter 121A of the General Laws or a designated redeveloper in accordance with the terms of a land disposition agreement. Without limiting the generality of the foregoing to chapter 121A of the General Laws, any construction under a land disposition agreement shall not be subject to any provision of law relating to publication or advertising for bids, but shall be subject to a land disposition agreement and sections 26 to 27F, inclusive, of chapter 149 of the General Laws.

Section 10. Notwithstanding any general or special law to the contrary, compliance with the notice requirements pertaining to the execution by the city of Quincy of a land disposition agreement and the procedural requirements pertaining to such execution shall constitute compliance with the notice and procedural requirements of section 15A of chapter 40 of the General Laws or any other general or special law with regard to the transfer of land held by the city of Quincy from 1 municipal purpose to another municipal purpose for the city parcels and the land beneath the discontinued roads and ways as part of the urban renewal plan and located within the urban renewal district, pursuant to a land disposition agreement or otherwise. Upon execution by the city of a land disposition agreement, the city shall be deemed to hold all such land for urban renewal purposes. Notwithstanding such land being transferred and held for such purposes, until such time as the city of Quincy actually conveys such lands, the city of Quincy may continue to use the lands for the purposes for which they were being used immediately before the effective date of this act.

SECTION 16. The first sentence of section 11 of said chapter 32 of the acts of 2011, is hereby amended by striking out after the words "project approved under", the following word "the" and inserting in place thereof, the following word:- “a”.

SECTION 17. Section 12 of said chapter 32 of the acts of 2011, is hereby amended by striking out after the words "deliver, pursuant to", the word "the" and inserting in place thereof, the following word:-“a”.

SECTION 18. Said section 12 of said chapter 32 of the acts of 2011, is hereby further amended by striking out after the words “agreement with”, the word “the” and inserting in place thereof the words “a designated”.

SECTION 19. This act shall take effect upon its passage.

Name:	District/Address:	Date Added:
Ronald Mariano	3rd Norfolk	11/15/2016
Bruce J. Ayers	1st Norfolk	11/22/2016
John F. Keenan	Norfolk and Plymouth	11/15/2016
Daniel J. Hunt	13th Suffolk	11/22/2016