Bill H.4774

HOUSE DOCKET, NO. 5221 FILED ON: 12/19/2016

HOUSE . . . . . . . . . . . . . . . No. 4774

By Mr. O'Day of West Boylston, a petition (subject to Joint Rule 12) of James J. O'Day and Harriette L. Chandler relative to authorizing the transfer of certain parcels of land in the city of Worcester to promote economic development. State Administration and Regulatory Oversight.

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 authorizing the transfer of certain parcels of land in the city of Worcester to promote economic development.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith authorize the transfer of certain parcels of land in the city of Worcester to promote economic development, 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. For purposes of this act, the following terms shall have the following meanings unless the context clearly requires otherwise:

“BNRI parcel”, that certain parcel of land located at the Worcester state hospital and the improvements thereof, thereon known as the Brudnick Neuropsychiatric Research Institute, used by the university of Massachusetts medical school.

“Commissioner”, the commissioner of the division of capital asset management and maintenance.

“Division”, the division of capital asset management and maintenance.

“Disposition parcels”, those certain parcels of land containing approximately 44 acres in the aggregate, located at the Worcester state hospital and shown on a draft plan on file with the division of capital asset management and maintenance, exclusive of the BNRI parcel and WRCH parcel.

“Worcester Business Development Corporation”, a nonprofit entity created by chapter 600 of the acts of 1965, to assist and promote development in the city of Worcester and its vicinity. If the Worcester Business Development Corporation acquires title to the disposition parcels or any portions thereof through its designee New Garden Park, Inc., a nonprofit entity, the term “Worcester Business Development Corporation” shall be deemed to include said designee.

“WRCH parcel”, that certain parcel of land located at the Worcester state hospital and the improvements thereof, thereon known as the Worcester Recovery Center and Hospital, operated by the department of mental health.

SECTION 2. Chapter 300 of the acts of 1962 is hereby repealed.

SECTION 3. Chapter 448 of the acts of 2008 is hereby repealed.

SECTION 4. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner may convey the disposition parcels, or portions thereof, in one or more transactions, to the Worcester Business Development Corporation or to its designee New Garden Park, Inc., a nonprofit entity. The exact location and boundaries of any property to be conveyed pursuant to this section 4 shall be determined by the commissioner after completion of a survey depicting boundaries reasonably acceptable to the Worcester Business Development Corporation. The commissioner shall consult with the university of Massachusetts medical school before determining the boundaries for any portion of the property abutting the BNRI parcel. The disposition parcels shall be conveyed by deed without warranties or representations by the commonwealth. Use of the disposition parcels may include, but shall not be limited to, one or more medical or technologically-related purposes, such as pharmaceutical research and production, biotechnology, bioengineering or bio manufacturing. At the time of conveyance full possession of the property to be conveyed shall be delivered free and clear of all tenants and occupants, at no expense to WBDC, except for Community Healthlink, Inc.

No agreement for the sale, lease, transfer or other disposition of any property to be conveyed pursuant to this section 4 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 5. The purchase price for any property to be conveyed pursuant to section 4 shall be an amount determined by the commissioner based on consultation with appraisal professionals, and agreed to by the Worcester Business Development Corporation, less all costs incurred by the Worcester Business Development Corporation to create developable sites on the disposition parcels, including without limitation, for demolition and abatement of buildings existing on the disposition parcels and for the relocation of the organization known as Community Healthlink, Inc., which currently occupies a portion of the disposition parcels, to a location not on the disposition parcels. The purchase price shall be determined pursuant to, and payable on terms and conditions to be set forth, in a land disposition agreement between the division and the Worcester Business Development Corporation.

SECTION 6. In the event that the Worcester Business Development Corporation sells or leases any portion of the disposition parcels, the net proceeds from such sale or lease, as jointly determined by the Worcester Business Development Corporation and the commissioner, shall be allocated between the Worcester Business Development Corporation and the commonwealth on terms and conditions to be set forth in a land disposition agreement between the division and the Worcester Business Development Corporation. The purchase price for any property to be conveyed pursuant to section 4 as determined pursuant to section 5 shall not be included as a cost for the purposes of determining the net proceeds from a sale or lease. 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 Worcester Business Development Corporation.

SECTION 7. Notwithstanding any general or special law to the contrary, Worcester Business Development Corporation shall pay for all costs and expenses relating to its purchase of the disposition parcels, or any portions thereof, pursuant to this act as determined by the commissioner including, but not limited to, the costs of any surveys, appraisals, recording fees and deed preparation related to the conveyances and for all costs, liabilities and expenses of any nature and kind related to the conveyances. For purposes of determining the purchase price pursuant to section 5 or the net proceeds from a sale or lease of any portion of the disposition parcels pursuant to section 6, costs incurred by Worcester Business Development Corporation from and after September 1, 2016 may be included provided, however, that costs deducted for the purpose of determining the purchase price pursuant to section 5 shall not also be deducted for the purpose of determining net proceeds.

SECTION 8. (a) Notwithstanding any general or special law to the contrary, the commissioner may transfer control of the BNRI parcel to the university of Massachusetts medical school.

(b) In the event that the university of Massachusetts medical school does not accept control of the BNRI parcel pursuant to subsection (a) on or before December 31, 2021, then, if the Worcester Business Development Corporation has purchased the entirety of the disposition parcels, the commissioner shall offer to sell the BNRI parcel to the Worcester Business Development Corporation, notwithstanding sections 33 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary. The consideration for the purchase shall be the fair market value of the BNRI parcel as determined by the commissioner based on an appraisal.

(c) In the event that the university of Massachusetts medical school does not accept control of the BNRI parcel pursuant to subsection (a) and the Worcester Business Development Corporation does not purchase the BNRI parcel pursuant to subsection (b), then notwithstanding sections 33 to 37, 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 of up to 99 years, including all renewals and extensions, or otherwise grant, convey or transfer to one or more purchasers or lessees an interest in the BNRI parcel or portions thereof, subject to this section and on such terms and conditions that the commissioner considers appropriate. In making any such disposition pursuant to this subsection (c), the commissioner shall use 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.

(d) The exact location and boundaries of the BNRI parcel to be transferred to the university of Massachusetts medical school pursuant to subsection (a) and any appurtenant easements shall be determined by the commissioner based on a survey depicting boundaries reasonably acceptable to the university of Massachusetts medical school. The exact location and boundaries of the BNRI parcel to be sold or leased pursuant to subsection (b) or (c) and any appurtenant easements shall be determined by the commissioner based on a survey.

(e) No agreement for the sale, lease, transfer or other disposition of the BNRI parcel, or any portion thereof, pursuant to subsection (b) 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:

SECTION 9. Notwithstanding any general or special law to the contrary, 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 the disposition parcels or portions thereof as the commissioner deems necessary and appropriate for the continued use of portions of other land or facilities administered by other state agencies or entities, including, without limitation, the BNRI parcel and the WRCH parcel.

SECTION 10. Notwithstanding any general or special law to the contrary, for the purpose of establishing a public way between Belmont street and parcels containing land or facilities administered by other state agencies or entities, including, without limitation, the BNRI parcel and the WRCH parcel, the commissioner may grant to the city of Worcester by deed, transfer, lease or otherwise any rights-of-way or easements in, over or beneath the roadway on the parcel known as Hospital drive and such adjacent areas as to the city of Worcester as the commissioner deems necessary and appropriate.

SECTION 11.The commissioner shall, 15 days before the execution of a land disposition agreement, transfer or conveyance authorized by this act, or any subsequent amendment thereto, submit the proposed land disposition agreement, transfer, conveyance or amendment documents and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days after receipt of the proposed land disposition agreement, transfer, conveyance or amendment documents.

SECTION 12. (a) In the event that the Worcester Business Development Corporation does not complete the purchase of the disposition parcels on or before December 31, 2020, then notwithstanding sections 33 to 37, 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 of up to 99 years, including all renewals and extensions, or otherwise grant, convey or transfer to one or more purchasers or lessees an interest in the disposition parcels or portions thereof, subject to this section and on such terms and conditions that the commissioner considers appropriate. In making any such disposition pursuant to this section, the commissioner shall use appropriate competitive bidding processes and procedures.

(b) No agreement for the sale, lease, transfer or other disposition of the disposition parcels, or any portion thereof, pursuant to subsection (a) 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:

SECTION 13. Notwithstanding the provisions of any other general or special law to the contrary, the commissioner is hereby authorized to take any and all interests in the disposition parcels and the buildings thereon by eminent domain pursuant to chapter 79 of the General Laws, as deemed necessary by said commissioner to carry out the purposes of this act.

SECTION 14. Any funds received by the commonwealth pursuant to this act shall be deposited into the General Fund.

Name:	District/Address:	Date Added:
James J. O'Day	14th Worcester	12/19/2016
Harriette L. Chandler	First Worcester	12/19/2016