Bill H.3111

HOUSE DOCKET, NO. 3734 FILED ON: 1/20/2023

HOUSE . . . . . . . . . . . . . . . No. 3111

By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 3111) of Jon Santiago for legislation to authorize the Division of Capital Asset Management and Maintenance to lease certain Department of Conservation and Recreation skating rinks. State Administration and Regulatory Oversight.

The Commonwealth of Massachusetts

_______________

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

_______________

An Act relative to DCR skating rinks.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

(a) Notwithstanding sections 32 to 37 of chapter 7C and sections 52 to 55 of chapter 7 of the General Laws or any other general or special law to the contrary, the division of capital asset management and maintenance, using those competitive proposal processes as the division considers necessary or appropriate, in consultation with the department of conservation and recreation, may lease and enter into other agreements with 1 or more bidders, for 1 or more ice-skating rinks and facilities, for terms not to exceed 30 years, for the continued use, operation, maintenance, repair and improvement of the state-owned buildings and facilities, together with the land and appurtenances associated therewith, comprising the following ice skating rinks and facilities under the care and control of the department of conservation and recreation:

Veterans Memorial Skating Rink, Arlington; Porazzo Memorial Rink, East Boston district, Boston; Roche Memorial Rink, West Roxbury district, Boston; Simoni Memorial Rink, Cambridge; Allied Veterans Memorial Rink, Everett; Connery Memorial Rink, Lynn; Flynn Memorial Rink, Medford; LoConte Memorial Rink, Medford; Daly Memorial Rink, Newton; Cronin Memorial Rink, Revere; Max Ulin Skating Rink, Milton; Kasabuski Arena, Saugus; Veterans Memorial Rink, Somerville; Shea Memorial Rink, Quincy; Veterans Memorial Rink, Waltham; Connell Memorial Rink and Pool, Weymouth; Representative John G. Asiaf Skating Rink, Brockton; Arthur R. Driscoll Memorial Skating Rink, Fall River; Staff Sergeant Robert Pirelli Veterans Memorial Rink, Franklin; Stephen Hetland Memorial Skating Rink, New Bedford; John A. Armstrong Memorial Skating Rink, Plymouth; Theodore J. Aleixo, Jr. Skating Rink, Taunton; Veterans Memorial Skating Arena, Haverhill; John J. Janas Memorial Skating Rink, Lowell; Henry Graf, Jr., Skating Rink, Newburyport; James E. McVann and Louis F. O'Keefe Memorial Skating Rink, Peabody; Daniel S. Horgan Memorial Skating Rink, Auburn; Gardner Veterans Skating Rink, Gardner; John J. Navin Skating Rink, Marlboro; Honorable Charles J. Buffone Skating Rink, Worcester; Greenfield Area Skating Rink, Greenfield; Henry J. Fitzpatrick Skating Rink, Holyoke; Ray Smead Memorial Skating Rink, Springfield; and Vietnam Veterans Memorial Skating Rink, North Adams.

(b) The lease and other agreements shall be on terms acceptable to the commissioner of capital asset management and maintenance, after consultation with the commissioner of conservation and recreation and, notwithstanding any general or special law to the contrary, shall provide for the lessees to operate, manage, improve, repair and maintain the ice-skating rinks and facilities. Any such lease or other arrangement shall include a description of the required capital improvements and, at a minimum, performance specifications. Any consideration received from the leases or other agreements shall be payable to the department for deposit in the Conservation Trust, established under section 1 of chapter 132A of the General Laws.

There shall be an option for renewal or extension of the leases and other agreements not exceeding an additional 5 years. Such renewal or extension shall be at the discretion of the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, in accordance with the original lease terms and conditions or agreement terms and conditions more favorable to the commonwealth. All leases must contain a provision that requires the lessee to carry comprehensive general liability insurance with the commonwealth named as a co-insured, protecting the commonwealth against all personal injury or property damage within the rink or on the land during the term of the lease.

(c) The division of capital asset management and maintenance, in consultation with and on behalf of the department of conservation and recreation, shall solicit proposals through a request for proposals which shall include key contractual terms and conditions to be incorporated into the lease, including but not limited to (1) a comprehensive list of all rinks operated by the responsive bidder in the last four years, (2) prior or current facilities management or experience of the responsive bidder, (3) prior or current skating or hockey management experience of the responsive bidder, (4) reservation policies, (5) proposed reasonable rates that will ensure continued public access, (6) required financial audits, (7) policies to encourage use of the rink by persons of all races and nationalities, (8) safety and security plans, (9) seasonal opening and closing dates, (10) hours of operation, and (11) how the operator will ensure that ice time at the rink shall be allocated to user groups in the following order of priority: general public skating; nonprofit youth groups; school hockey, for-profit youth groups other than non-profit youth groups; and adult organizations or informal groups. Ice time may be allocated at the discretion of the operator, but general public skating shall be booked, in 2-hour contiguous blocks at a minimum of 12 hours per week, with a range of times and days which reasonably allow for public skaters of all ages to participate in some public skating sessions. Every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender.

The inspector general shall review and approve any request for proposals issued by the division before issuance.

(d) The leases and other agreements authorized in this section shall provide that any benefits to the community and the costs of improvements and repairs made to the property provided by the lessees shall be taken into account as part of the consideration for the lease or other agreements. The lessees or the recipients of the property shall bear the costs considered necessary or appropriate by the commissioner of capital asset management and maintenance for the transactions including, without limitation, costs for legal work, survey, title and the preparation of plans and specifications.

(e) The provisions of any general or special law or rule or regulation relating to the advertising, bidding or award of contracts, to the procurement of services or to the construction and design of improvements shall not be applicable to any selected bidder which is awarded a lease pursuant to this section, except as provided in this section.

Name:	District/Address:	Date Added:
Jon Santiago	9th Suffolk	1/20/2023