Bill H.3036

HOUSE DOCKET, NO. 3723 FILED ON: 1/20/2023

HOUSE . . . . . . . . . . . . . . . No. 3036

By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 3036) of Sean Garballey that the commissioner of Capital Asset Management and Maintenance be authorized to grant an easement and right-of-way for certain conservation land in the city of Medford to Boston Gas Company. State Administration and Regulatory Oversight.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to allow the city of Medford to transfer conservation land.

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. (a) Notwithstanding sections 34 to 37 of chapter 7C of the General Laws or any other 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 a perpetual, permanent subsurface easement and right-of-way for the purposes of installing, construction, re-constructing, repairing, replacing, adding to, operating and maintaining subsurface gas facilities, including, but not limited to, gas mains, lines and/or pipes, together with all necessary appurtenances and accessories thereto, on portions of land under the care and control of the department of conservation and recreation in the city of Medford, to Boston Gas Company and its successors and assigns. The subsurface easement and right-of-way shall be 20 feet in width with the gas facilities being the centerline and run over, under and through portions of land on the northerly and southerly side of the Mystic river known as the Mystic river state reservation, on the easterly side of Winthrop street, between the Mystic Valley parkway and South street in the city of Medford.

The portions of land, over, under and through which the easement and right-of-way shall be granted are more particularly described as land subject to an order of taking dated November 26, 1899 and recorded in Middlesex south registry of deeds in book 2787, page 537 and under the control of and used by the department of conservation and restriction. The subsurface gas facilities and the associated permanent 20-foot wide easement and right-of-way shall be situated on land between the Winthrop street municipal right-of-way boundary and traversing southerly under the Mystic river to the South street municipal right-of-way boundary and shall apply to approximately 2.4 acres of land in the aggregate, more or less (the “Easement Area”), as shown on a plan entitled “Proposed Easement Plan, Proposed Gas Main Installation, 12” MDPE and 12” HDPE (25 PSIG), Winthrop Street, Medford, MA”, prepared by BL Companies and dated 01/13/2023 (the “Easement Plan”). The permanent 20 foot wide easement and right-of-way shall grant the right to install, construct, reconstruct, repair, replace, relocate, add to, operate and maintain subsurface gas facilities, including, but not limited to, gas mains, lines and/or pipes, and all necessary appurtenances and accessories thereto (the “Gas Facilities”); together with the perpetual right and easement to pass and repass on foot and with vehicles and equipment within and along the Easement Area and to access the Easement Area as reasonably required over the adjoining lands of the grantor to and from the public ways, the perpetual right and easement to clear and keep cleared the Easement Area of trees, underbrush and obstructions that may interfere with the Gas Facilities or access thereto, the perpetual right and easement at any time and at all times to renew, replace, remove, add to, modify and otherwise change the Gas Facilities and the locations thereof within the Easement Area; and the perpetual right and easement to change the grade of the Easement Area but only as is reasonable, necessary and proper in connection with the exercise of the foregoing rights and easements, subject, however, to the provisions of sections 3 and 4 below.

(b) The exact boundaries of the Easement Area are as shown on the Easement Plan, which Easement Plan shall be recorded with the Middlesex south registry of deeds. The easement shall be subject to such additional terms and conditions as the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may prescribe, to ensure that environmental impacts associated with the use of the parcels are addressed and that the conveyance results in a net benefit to the park system. The easement shall contain a restriction that the easement shall only be used for the purpose of installing, constructing, reconstructing, repairing, replacing, adding to, operating, and maintaining the Gas Facilities.

SECTION 2. The consideration for the easement shall be the full and fair market value or the value in use, whichever is greater, of the easement as determined by the commissioner of capital asset management and maintenance pursuant to an independent professional appraisal contracted by the division. An appraisal for the full and fair market value and the value in use of the easement shall be prepared in accordance with usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance. The inspector general shall review and approve the appraisal. The inspector general shall prepare a report of the review of the methodology utilized for the appraisal and shall file the report with the commissioner of capital asset management and maintenance, the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. The commissioner of capital asset management and maintenance shall, 30 days before the grant of an easement authorized by this act, or any subsequent amendment thereto, submit the proposed easement and a report thereon to the inspector general for review and comment. The inspector general shall issue his review and comment within 15 days after receipt of the proposed easement or amendment. The commissioner shall submit the proposed easement or amendment and the reports and comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 15 days before the execution of the easement or amendment.

SECTION 3. To ensure a no-net-loss of lands protected for conservation purposes, and to mitigate impacts upon parkland, in addition to the consideration due under section 2, the grant of easement shall only occur if the grantee has mitigated the impact of its activities to the satisfaction of the commissioner of conservation and recreation and commissioner of the division of capital asset management and maintenance. Mitigation shall include payment of a sum equal to such appraised fair market value or value in use or the sum of $5,000.00, whichever is greater, for the funding of the acquisition of land or an interest therein to be under the care and control of the department for conservation and recreation purposes. The funding shall be acceptable to the department of conservation and recreation and shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws. Any land or interest therein acquired by the department with such funding shall be permanently held and managed for conservation and recreation purposes by the department.

SECTION 4. Notwithstanding any general or special law to the contrary, Boston Gas Company shall be responsible for all costs and expenses including, but not limited to, actual costs incurred in connection with any engineering, surveys, appraisals and easement preparation related to the easement authorized in this act.

Name:	District/Address:	Date Added:
Sean Garballey	23rd Middlesex	1/18/2023