Bill S.2509

FILED ON: 11/15/2023

SENATE . . . . . . . . . . . . . . No. 2509

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 relative to real property in Lowell.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to expedite the Commonwealth's exploration of geothermal technologies as a viable heating source for its residents as means to achieve mandated emission reduction target, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. , 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 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. The bore field will provide geothermal energy to two properties owned by University of Massachusetts Lowell and certain other buildings in the surrounding neighborhood.

SECTION 2. This non-exclusive easement is being granted in connection with the Geothermal Energy Demonstration Program of Boston Gas Company d/b/a National Grid approved by the department of public utilities on December 15, 2021, in D.P.U. 21-24 and Boston Gas Company’s Geothermal Energy Demonstration Program Implementation Plan stamp-approved by the department of public utilities on September 13, 2022. The Geothermal Energy Demonstration Program was proposed by Boston Gas Company and approved by the department of public utilities in furtherance of the Commonwealth’s climate goals of reducing greenhouse gas emissions and transitioning customers from natural gas.

SECTION 3. The grantee shall be responsible for costs and expenses associated with any engineering and surveys and recording costs related to the conveyance authorized in this section. University of Massachusetts Lowell shall be responsible for any other costs associated with this conveyance, as such costs may be determined by the commissioner of capital asset management and maintenance. The easement shall be in the form attached as Attachment B to the Boston Gas Company’s Geothermal Energy Demonstration Program Implementation Plan and approved by the department of public utilities in MA D.P.U. 22-62, without material edits except for the consideration, which shall be as described in Section 4 below.

SECTION 3(a). All construction, reconstruction, installation, alteration, or repair not performed by gas or electric public utility employees on public infrastructure shall be performed and procured under sections 26 through 27F of chapter 149 inclusive and section 39M of chapter 30. The gas and electric utilities shall request from the department of labor standards prevailing wage rate sheets for each municipality they are working in once every six months. The department, under chapter 30A and in consultation with all gas and electric utilities, shall within one year promulgate rules and regulations for the training and implementation of a certification program for contractors and their employees repairing or performing work on public infrastructure in the Commonwealth.

SECTION 4. Consideration for the conveyance of the easement pursuant to section 1 shall be the full and fair market value of the percentage of the easement needed for the boreholes serving the buildings not owned by University of Massachusetts Lowell, reduced by an amount as determined by Boston Gas Company and University of Massachusetts Lowell that includes value being received by the University of Massachusetts Lowell in applying for and selected to partner with Boston Gas Company’s Geothermal Energy Demonstration Program for educational and other purposes, including, but not limited to, the costs to re-design and improve the geothermal pumphouse facilities for educational purposes for university students, the appraisal costs, and the costs of the energy efficiency upgrades to University of Massachusetts Lowell buildings paid for by the Geothermal Energy Demonstration Program, but it no event shall the consideration be less than $1.00. The full and fair market value shall not include that percentage of the easement needed for the boreholes solely serving the buildings owned by University of Massachusetts Lowell. 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. The commissioner of capital asset management and maintenance shall submit the appraisal and a report thereon to the inspector general for review and comment. 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 the review and file the report with the commissioner of capital asset management and maintenance for submission by the commissioner to the house and senate committees on ways and means and the senate and house chairs of the joint committee on state administration. The commissioner shall submit copies of the appraisal, the report thereon and the inspector general’s review and approval, and comments, if any, to the house and senate committees on ways and means and the senate and house chairs of the joint committee on state administration prior to the execution of the conveyances authorized by this act.

SECTION 5. 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 6. Notwithstanding any general or special law to the contrary, on the effective date of this act, the University of Massachusetts Lowell may grant a temporary license, not to exceed 5 years, at a nominal amount to Boston Gas Company in order to provide Boston Gas Company with immediate and complete access to, control of and liability and responsibility for the parcel of land described in section 1 shall for the purposes of this act until the conveyances authorized by this act take effect.

SECTION 7. The provisions of this act shall take effect upon passage.