HOUSE DOCKET, NO. 3772        FILED ON: 1/17/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3324

The Commonwealth of Massachusetts

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PRESENTED BY:

Michelle M. DuBois

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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 authorizing the Division of Capital Asset Management and Maintenance to dispose of certain parcels of land in the city of Brockton.

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PETITION OF:

HOUSE DOCKET, NO. 3772        FILED ON: 1/17/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3324

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act authorizing the Division of Capital Asset Management and Maintenance to dispose of certain parcels of land in the city of Brockton.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the transfer of certain parcels of land for the purposes of providing affordable housing and a multi-service facility, 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.  (a) As used in this act, the term “affordable housing”, shall mean the development of multi-family housing, of which either: (i) not less than 25 per cent shall be affordable to households with incomes at or below 80 per cent of the area median income, adjusted for household size; or (ii) not less than 20 per cent shall be affordable to households with incomes at or below 50 per cent of the area median income, adjusted for household size with a restriction for affordable housing purposes.

(b)  Notwithstanding sections 33 through 37, inclusive, of chapter 7C of the General Laws, sections 121 to 123, inclusive, of chapter 150 of the acts of 2024 or any general or special law to the contrary, the commissioner of capital asset management and maintenance may convey certain parcels of land located within the city of Brockton as set forth in subsection (c) to Catholic Charitable Bureau of the Archdiocese of Boston, Inc. (“Catholic Charities Boston”), or an affiliate of Catholic Charities Boston, for nominal consideration, solely for the purpose of Catholic Charities Boston developing a community multi-services center in the city of Brockton that includes the provision of affordable housing. The parcels shall be conveyed by deed without warranties or representations by the commonwealth.

(c) The parcels to be conveyed by the department of capital asset management and maintenance to Catholic Charities Boston shall include the following parcels of land at the corner of Quincy and Crescent Street in the city of Brockton, referred to as 782 Crescent St: city of Brockton Assessor’s Parcel ID 143-079; 143-080; 143-081; 143-082; 143-083; 143-084; 143-085; 143-086; 143-087; 143-088; 143-089; and 143-090; provided, however, that the exact location and boundaries of the parcels or portions thereof to be conveyed shall be determined by the commissioner after completion of a survey. 

SECTION 2. (a) The deed or other instrument conveying the parcels to Catholic Charities Boston pursuant to section 1 shall provide that the parcels shall be used solely to provide for affordable housing and a community multi-service center as set forth in this act. Any such deed or instrument shall include a reversionary clause that stipulates that if the parcels cease at any time to be used for those allowed purposes, title to the parcels shall, at the election of the commonwealth, revert to the commonwealth and the reversionary clause shall be enforceable notwithstanding the time limit set forth in section 7 of chapter 184A of the General Laws. The reversionary clause shall contain provisions requiring that Catholic Charities Boston receive reasonable notice of and a reasonable time to cure any allegation that the parcel is not being used for the purposes set forth in this act.

(b)  No agreement for the sale or other disposition of the parcels shall be valid unless Catholic Charities Boston has executed and filed with the commissioner the statement required by section 38 of chapter 7C of the General Laws.

SECTION 3. Catholic Charities Boston shall be responsible for all costs and expenses of any transaction authorized by this act as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation related to the conveyance of the parcel. Catholic Charities Boston shall acquire the property thereon in its present condition. Upon the recording of the deed conveying the parcel to Catholic Charities Boston, Catholic Charities Boston shall be responsible for all costs, liabilities and expenses for its ownership.

SECTION 4. Catholic Charities Boston shall use its best efforts to complete the construction and development of the parcels for the multi-service center and affordable housing. If Catholic Charities Boston does not complete a purchase of the property and construction of the multi-service center and affordable housing pursuant to this act on or before December 31, 2030, or such time as mutually agreed to by Catholic Charities Boston and the commissioner of capital asset management and maintenance, then, notwithstanding sections 33 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 may sell or lease for a term up to 99 years, including all renewals and extensions, or otherwise grant, convey or transfer to purchasers or lessees an interest in the property or portions thereof, subject to this act and on such terms and conditions as the commissioner of capital asset management and maintenance considers appropriate. The parcel shall be conveyed by deed without warranties or representations by the commonwealth. In making any such disposition, the commissioner of capital asset management and maintenance shall use appropriate competitive bidding processes and procedures. Not less than 30 days before the date on which bids, proposals or other offers to purchase or lease the property or any portion thereof are due, the commissioner of capital asset management and maintenance shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating the availability of the property, the nature of the competitive bidding process, including the time, place and manner for the submission of bids and proposals and the opening of the bids or proposals and such other information as the commissioner considers relevant.

SECTION 5. The commissioner of capital asset management and maintenance, in consultation with the mayor of the city of Brockton and the Old Colony Planning Council, established pursuant to chapter 332 of the acts of 1967, shall, for no consideration, convey to the city of Brockton any portion of parcels 143-080, 143-079 and 143-081 adjacent to Quincy street in the city of Brockton that maybe necessary for vehicle safety, addition of a turning lane and improving vehicle access to the entrance to Massasoit Community College. The exact location and boundaries thereof shall be determined by the commissioner of capital asset management and maintenance after completion of a survey.