FILED ON: 6/21/2022
HOUSE . . . . . . . . . . . . . . . No. 4899
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The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Second General Court
(2021-2022)
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An Act authorizing the commissioner of the division of capital asset management to convey certain former Boston State Hospital land in the city of Boston.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to convey certain land located in the city of Boston, 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. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, section 301 of chapter 60 of the acts of 1994, section 303 of chapter 159 of the acts of 2000, sections 1 through 3, inclusive, of chapter 202 of the acts of 2002, or any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance may convey a certain parcel of former Boston State Hospital property located in the city of Boston, declared by the commissioner to be surplus land, to Worcester City Campus Corporation for the purpose of developing facilities to support the mission and operations of the University of Massachusetts medical school’s MassBiologics facility located on adjacent parcels of land and the University’s other programs located throughout the commonwealth and to support future biotechnology laboratory, research, education, office, administrative and support uses, consistent with the applicable zoning laws, rules, regulations and by-laws, in this act referred to as the “project”. The parcel is proposed lot 2A-3-4, contains approximately 4 acres and is shown on a plan titled “Exhibit Plan Showing Proposed Lots Parcel 2A-3-2 Harvard Street Boston, (West Roxbury District) Mass.” and dated January 10, 2019, on file in the office of the division of capital asset management and maintenance. The commissioner of the division of capital asset management and maintenance may determine the exact boundaries of the parcel based upon a survey. The commissioner may grant such easements as may be necessary to facilitate the project.
The purposes for which the project shall be used may be changed; provided, however that such changed purposes shall comply with section 14 of chapter 138 of the acts of 1992 and chapter 163 of the acts of 1997; and provided further, that the Worcester City Campus Corporation, in consultation with the Boston State Hospital Citizen’s Advisory Committee, Inc., shall seek the prior written consent of the commissioner of the division of capital asset management and maintenance for any such change.
SECTION 2. Notwithstanding section 1, the amount of consideration for the conveyance of the parcel shall be determined under section 301 of chapter 60 of the acts of 1994.
SECTION 3. The commissioner of the division of capital asset management and maintenance and the Worcester City Campus Corporation shall enter into a land disposition agreement which shall, without limitation: (i) require that consideration consistent with section 2 shall be paid to the commonwealth in full at the time the parcel is conveyed to the Worcester City Campus Corporation; (ii) provide that a portion of the consideration shall be contributed to the Boston State CAC Trust Fund administered by the Boston State Community Trust, Inc., established pursuant to the CAC Trust Fund Agreement dated April 2005, on file in the office of the division of capital asset management and maintenance; and (iii) require that the University of Massachusetts medical school provide educational components, courses, internships and other opportunities to students, including, but not limited to, students from the elementary and high schools in the surrounding area and Roxbury community college, to gain experience in biomedical manufacturing and supporting functions, on such terms and conditions as the division of capital asset management and maintenance and Worcester City Campus Corporation deem appropriate.
SECTION 4. The Worcester City Campus Corporation shall be responsible for all costs and expenses related to the conveyance of land authorized in section 1, including, but not limited to, costs associated with surveys, deed preparation and recording fees, as such costs may be determined by the commissioner of capital asset management and maintenance.
SECTION 5. Notwithstanding section 4 of chapter 202 of the acts of 2002, to the extent that West Main street, as shown on a plan entitled “Commonwealth of Mass. Division of Capital Asset Mgmt and Maintenance”, dated November 9, 2001, prepared by Rizzo Associates, Inc. and recorded at the Suffolk county registry of deeds at book 27754, page 20, traverses Lot 3A and Lot 3A-2, said road shall be a private way, open to public travel for access to and from Lots 3A, 3A-1 and 3A-2 described in said chapter 202 and for emergency and public safety access to and from portions of the former Boston state hospital campus other than Lots 3A, 3A-1 and 3A-2; provided, however, that nothing in this section shall be deemed to limit any rights of others to use West Main street for access to and from portions of the former Boston state hospital campus other than Lots 3A, 3A-1 and 3A-2 granted by the commissioner of capital asset management and maintenance prior to the effective date of this act.