Bill S.3060

SENATE DOCKET, NO. 3248 FILED ON: 7/7/2022

SENATE . . . . . . . . . . . . . . No. 3060

By Mr. Collins, a petition (accompanied by bill, Senate, No. 3060) (subject to Joint Rule 12) of Nick Collins, Daniel J. Hunt and David Biele for legislation relative to sustainability and resiliency in the Dorchester section of the city of Boston. State Administration and Regulatory Oversight.

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 relative to sustainability and resiliency in the Dorchester section of the city of Boston.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the grant of easement rights over certain parcels of land 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 or any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may grant permanent, non-exclusive subsurface and surface easement rights over an access road on certain parcels of land under the care and control of the department of conservation and recreation and held for conservation and recreation purposes, to the University of Massachusetts Building Authority, its successors and assigns. The easement rights shall be used solely for the purposes of vehicular and pedestrian access, and for all purposes for which public and private streets are used in the city of Boston, and for underground utility purposes. The easement area shall be located on a certain parcel of land containing approximately twenty six thousand (26,000) square feet, more or less, to comprise an access road that will also include landscaped greenbelts, bicycle lanes, a pedestrian sidewalk and underground utilities with related appurtenances, running from William Day Boulevard to lands of the University of Massachusetts Building Authority, as shown on a plan entitled “Plan of Proposed Access Road Easement Area, Boston” dated June 29, 2021. Prior to finalizing the transaction or making the grant of easement rights authorized herein, the division of capital asset management and maintenance shall establish the final easement area, with the approval of the department of conservation and recreation and the University of Massachusetts Building Authority, and cause to be prepared a surveyed easement plan, which plan shall be recorded in the Suffolk County Registry of Deeds with the grant of easements/easement agreement instrument.

SECTION 2. An independent appraisal of the fair market value and value in use of the parcel of land described in section 1 shall be prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance. The University of Massachusetts Building Authority shall compensate the commonwealth for the conveyance of the parcel described in section 1 by making a payment in an amount equal to the full and fair market value or the value in proposed use, whichever is greater, as determined by the commissioner of capital asset management and maintenance. Any such payment shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws and expended by the department of conservation and recreation to acquire lands or interests in land to be permanently under the care and control of the department for conservation and recreation purposes. For the purposes of such appraisal, the full and fair market value shall be calculated with regard to the financial benefit of the access provided by the parcel described in section 1 to development on adjacent land to be leased by the University of Massachusetts Building Authority. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology used for the appraisal. The inspector general shall prepare a report of such review and file the report with the commissioner of capital asset management and maintenance. After receiving the report, the commissioner shall submit copies of the report to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 15 days prior to the execution of documents effecting the grant of easements described in section 1.

In addition, the University of Massachusetts Building Authority and its successors and assigns shall be responsible for all costs and expenses associated with said access road and easement area, including but not limited to, those associated with the design, engineering, and construction of said access road improvements and related facilities, as well as the maintenance, repair and reconstruction as necessary from time to time, of the access road, related to the grant authorized under this act.

SECTION 3. There shall be a Dorchester Shores Reservation and Parks Trust Fund to be used for the long-term preservation, maintenance, nourishment and public safety of the Dorchester Shores Reservation properties as defined by the department of conservation and recreation as well as McCormack Park, Richardson Park and Atheneum Park in the Dorchester section of the City of Boston which shall be deposited: (i) any revenues or other financing sources directed to the fund by appropriation; (ii) bond revenues or other money authorized by the general court and specifically designated to be credited to the fund; (iii) any income derived from the investment of amounts credited to the fund or repayment of loans from the fund; (iv) funds from public or private sources including, but not limited to, gifts, federal or private grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund; and (v) all other amounts credited or transferred to the fund from any other source. The fund shall be administered by the secretary of energy and environmental affairs.

Any balance in the fund at the end of a fiscal year shall not revert to the General Fund, but shall remain available for expenditure in subsequent fiscal years. Annually, not later than December 1, the secretary of energy and environmental affairs shall report on the activities of the fund to the clerks of the house of representatives the senate and to the house and senate committees on ways and means. The report shall include an accounting of expenditures made from the fund and shall include a description of the authorized purpose of each expenditure, an accounting of the amounts credited to the fund and any unexpended balance remaining in the fund.

SECTION 4. The University of Massachusetts Building Authority shall make an annual contribution to the Dorchester Shores Reservation and Parks Trust in an amount to be specified in a memorandum of agreement with the department of conservation and recreation.

SECTION 5. (A) There shall be a commission, subject to appropriation, named the Dorchester Bay Transportation and Resiliency Commission. The Commission shall study and examine the transportation, resiliency, infrastructure, and multi-modal needs of the regional corridor of Morrissey Boulevard. In conjunction with relevant state and municipal agencies, the Commission shall evaluate and recommend transportation and infrastructure improvements intended to improve mobility for pedestrians, transit users, cyclists, and motorists, and strengthen climate resiliency at Dorchester’s Kosciuszko Circle and along Morrissey Boulevard. The Commission will work with the relevant state and municipal agencies to develop a comprehensive plan for the Morrissey Boulevard corridor, as well as identify short-term investments that deliver immediate benefits to the corridor. The Commission shall prioritize infrastructure designs that meet the City and Commonwealth’s net-zero emissions targets, including maximizing opportunities for sustainable transportation such as walking, bicycling, and transit use, and public realm designs that serve open space needs as well, such as streets and roadways that could be repurposed for open space and recreation. 28 of 31 (B) The Commission shall consist of the following nine members: The Secretary of the Executive Office of Energy and Environmental Affairs, or a designee, who shall serve as Co-Chair; the Secretary of the Executive Office of Transportation, or a designee, who shall serve as Co-Chair; the Secretary of the Executive Office of Public Safety and Security, or a designee; the Commissioner of the Department of Conservation and Recreation; the Mayor of the City of Boston, or a designee; the Senator from the 1st Suffolk District, or a designee, the State Representative from the 13th Suffolk District or a designee; the State Representative of the 4th Suffolk District; and the Boston City Councilor of the 3rd District, or a designee. (C) Members shall serve terms of 5 years and until their successors are appointed. Members may be reappointed in the same manner in which they were originally appointed. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term. The members of the commission shall receive no compensation for their services, but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties. The Co-Chairs having been named, the commission may elect from among its members a treasurer and any other officers it deems necessary. (D) The commission shall annually, not later than November 1, report the results of its findings and activities of the preceding year and its recommendations to the governor, the Chairs of the Joint Committee on Ways and Means and to the Clerks of the House of Representatives and Senate. (E) The commission may request from all state agencies such information and assistance as the commission may require. Each state agency shall cooperate with requests from the 29 of 31 commission and shall provide such information and assistance requested, as permitted under the state law. (F) The powers of the commission shall include, but not be limited to: (i) using voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed; (ii) reviewing policies and legislation and make recommendations to agencies and officers of the state and local subdivisions of government to effectuate the purposes of subsections (f) and (g); (iii) selecting an executive director and to acquire adequate staff to perform its duties; (iv) establishing and maintain such offices as it may deem necessary; (v) enacting by-laws for its own governance; (vi) establishing subcommittees or regional chapters of the commission as it deems necessary; and (vii) holding regular, public meetings and fact-finding hearings and other public forums as it may deem necessary. (G) Public meetings should be held in a manner accessible to and welcoming of persons of all abilities with necessary accommodations to ensure broad participation. Notices of meetings and other information shall be posted to a publicly accessible website that also accommodates persons who are visually impaired. (H) The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds for any of the purposes of this section. Such funds shall be deposited in a separate account with the state treasurer, be received by the state treasurer on behalf of the commonwealth and be expended by the commission in accordance with law. No such funds shall be deemed to impact appropriation from the Legislature.

Name:	District/Address:
Nick Collins	First Suffolk
Daniel J. Hunt	13th Suffolk
David Biele	4th Suffolk