Amendment ID: S2383-1-R1
Redraft Amendment 1
Daly Field Complex
Mr. Brownsberger moves to amend the bill by striking out, in lines 9, 42, 44, 76, 97 and 98, 100, 103, 110, 111 and 117 the following words:- “or another entity”; and
by striking out, in line 15, the words “facilities to accommodate”; and
by striking out, in line 22, the words “or if Simmons College declines to enter any such agreement, then another entity, authorizing Simmons College or such other entity” and inserting in place thereof the following words:- “authorizing Simmons College”; and
by striking out, in lines 35 and 39 the words “or other entity”; and
by striking out, in line 61, the word "reserved" and inserting in place thereof the following words:- "permitted by the department of conservation and recreation": and
by striking out, in line 69, the word:- “may” and inserting thereof the following word:- “shall”;
and
in section 3, by adding the following sentence:- “For the purposes of this section, “abutting communities” shall also include, but not be limited to, the city known as the town of Watertown”; and
by striking out, in lines 113 and 114, the words, "not later than March 1, 2013" and inserting in place thereof the following words:- "prior to entry into the lease under section 1"
by striking out, in line 115, the words “and the city and town clerks of abutting communities.”
by inserting after section 9 the following 2 sections:-
“SECTION 9A. To ensure a no-net-loss of lands protected for conservation and recreation purposes and as a condition of the leasehold interests authorized in this act, the grantee shall compensate the commonwealth through the payment of funds or the transfer of land or a conservation restriction upon land to the department of conservation and recreation, which shall be equal to or greater than the full and fair market value of its leasehold interest under this act as determined by independent appraisal prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation. Any land or interest in land, including any conservation restriction, shall be acceptable to the department of conservation and recreation. The appraisal shall include an examination of the value of the physical capital improvements to be constructed by Simmons College, the relative value associated with the exclusive private use of the improvements by Simmons College and the relative value associated with use of the improvements by the general public to be scheduled by the department of conservation and recreation. In determining the funds due to ensure a no-net-loss of protected land for conservation and recreation purposes, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may determine a credit on account of the relative value associated with the public use of the improvements and shall provide a credit for the $500,000 contributed to the department of conservation and recreation under section 7. Any sums due under this section shall be paid by the grantee to the department of conservation and recreation for deposit into the Conservation Trust, established in section 1 of chapter 132A of the General Laws, to be used to acquire land or interests in land for conservation and recreation purposes. In no event shall any funds be due from the department of conservation and recreation.
SECTION 9B. The commissioner of capital asset management and maintenance shall submit any appraisals completed under section 9A to the inspector general for review and comment. The inspector general shall review and approve the appraisals and the review shall include an examination of the methodology utilized for the appraisals. The inspector general shall prepare a report of such 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 and regulatory oversight. The commissioner shall submit copies of the appraisals and the inspector general’s review and approval and comments to the house and senate committees on ways and means and the senate and house chairs of the joint committee on state administration and regulatory oversight at least 15 days before the execution of any documents effecting the lease or other agreements described in section 1.”