SENATE DOCKET, NO. 2036        FILED ON: 1/17/2025

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Nick Collins

_________________

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 convey an easement across certain property in the Dorchester section of the city of Boston to the Boston Gas Company.

_______________

PETITION OF:

SENATE DOCKET, NO. 2036        FILED ON: 1/17/2025

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

_______________

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

_______________

An Act authorizing the division of capital asset management and maintenance to convey an easement across certain property in the Dorchester section of the city of Boston to the Boston Gas Company.

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, in consultation with the chancellor of the University of Massachusetts Boston, may convey to Boston Gas Company, or its successors, assigns or affiliates, a non-exclusive easement to install, construct, reconstruct, alter, extend, operate, inspect, maintain, repair, renew, modify, replace, remove, operate, abandon and otherwise change an underground natural gas distribution system for the distribution of natural gas to and from the property located at 100 Morrisey boulevard in the Dorchester  section of the city of Boston. The parcel of land upon which the easement may be granted was taken for the purposes of the University of Massachusetts and is more particularly described as “Parcel F” in an order of taking dated November 17, 1969 filed with the Suffolk county district of the land court as document number 296432, certificate number 53857 and recorded with the Suffolk country registry of deeds in book 8331, page 118, and shown as parcel “F” on a plan of land entitled, “Plan of Land in Boston (Dorchester) Mass. University of Massachusetts Columbia Point Site”, dated October 6, 1969 and recorded with the Suffolk county registry of deeds in plan book 8324, plan 505. Said natural gas distribution system shall include certain underground and grade level gas systems currently existing on said Parcel F and the installation of a standard gas main running from the existing gas systems to Bianculli boulevard and Morrissey boulevard. The easement area is approximately shown as “PROPOSED GAS EASEMENT AREA = 5,425 SF ±” on a plan of land entitled “SKETCH TO ACCOMPANY EASEMENT FOR THE PROPOSED INSTALL OF 12-INCH PLASTIC 60 PSIG GAS MAIN ON PRIVATE PROPERTY”, which is on file with the division of capital asset management and maintenance. The easement shall include the right to pass and repass over, across and upon said property at 100 Morrissey boulevard in Dorchester section of the city of Boston from Morrissey boulevard and Bianculli boulevard to the easement area by foot or vehicle as may be necessary from time to time for the foregoing purposes.

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. The grant of easement shall be substantially in the form of Boston Gas Company’s standard easement for similar installations in the commonwealth prepared in accordance with its distribution service terms and conditions as approved by the department of public utilities. 

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. 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 house and senate chairs of the joint committee on state administration and regulatory oversight. 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 house and senate chairs of the joint committee on state administration and regulatory oversight prior to the execution of the conveyance authorized by this act.

SECTION 4.  There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as UMass Boston Morrisey Boulevard Easement Fund, which shall be administered by the chancellor of the University of Massachusetts Boston.  The fund shall be credited with: (i) the proceeds realized from the disposition authorized in section 1; (ii) any appropriation, grant, gift or other contribution made to the fund; and (iii) any interest earned on money in the fund. Amounts credited to the fund shall be expended, without further appropriation, for the purposes of the University of Massachusetts Boston. 

The unexpended balance in the fund at the end of a fiscal year shall remain available for expenditure in subsequent fiscal years.  No expenditure made from the fund shall cause the fund to be in deficit at any point. The fund shall terminate upon expenditure of all money credited to the fund.