SENATE DOCKET, NO. 2731        FILED ON: 8/21/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2445

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Edward J. Kennedy

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to real property in Lowell.

_______________

PETITION OF:

 

Name:

District/Address:

 

Edward J. Kennedy

First Middlesex

 

Rodney M. Elliott

16th Middlesex

10/16/2023


SENATE DOCKET, NO. 2731        FILED ON: 8/21/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2445

By Mr. Kennedy, a petition (accompanied by bill) (subject to Joint Rule 12) of Edward J. Kennedy for legislation relative to the University of Massachusetts and a certain easement located in the city of Lowell.  State Administration and Regulatory Oversight.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act relative to real property in Lowell.

 

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 other general or special law to the contrary, the commissioner of capital asset management and maintenance, with the consent and approval of the University of Massachusetts Lowell, may convey to National Grid, or its affiliates, a non-exclusive easement to permit the installation of a geothermal wellfield and associated accessory equipment and uses on the parcels of land located at 813 Broadway Street, as described in the deed recorded at the Middlesex North Registry of Deeds in Book 1663 page 241; and 100 Wilder Street, as described in the deed recorded at the Middlesex North Registry of Deeds in Book 1922 page 246.

SECTION 2. The grantee shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, appraisals, surveys and deed preparation related to the conveyance authorized in this section as such costs may be determined by the commissioner of capital asset management and maintenance.

SECTION 3. Consideration for the conveyance of the easement pursuant to section 1 shall be the greater of: (i) the full and fair market value; or (ii) the value in proposed use.  Any independent appraisal of the fair market value and value in proposed use of the easement described in section 1 shall be prepared in accordance with the usual and customary appraisal practices by a qualified appraiser commissioned by the commissioner.

SECTION 3. The cash proceeds of the sale, lease, transfer, or other disposition of the easement rights described in section 1, or portions thereof pursuant to this act, shall be deposited into an expendable trust established pursuant to section 6 of chapter 6A of the General Laws and 801 CMR 50.00. Proceeds in the trust may be expended for costs associated with activities and capital investments by the University of Massachusetts Lowell to align the campus with the goals and objectives of Chapter 8 of the Acts of 2021, “An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy” and Executive Order 594: Leading By Example: Decarbonizing and Minimizing Environmental Impacts of State Government.

SECTION 4. The provisions of this act shall take effect upon passage.