Budget Amendment ID: FY2012-S3-170

ENV 170

Natural Heritage Endangered Species Program

Messrs. Wolf and Pacheco moved that the proposed new text be amended in section 2, in item 2310-0200, by striking out, in lines 6 and 7, the words “; provided, that funds may be expended for the natural heritage and endangered species program”; and by inserting after item 2310-0200 the following item:-

 

“2310-0300.. For the operation of the natural heritage and endangered species program…..$150,000.”


Budget Amendment ID: FY2012-S3-171

ENV 171

Increase Funding to State and Urban Parks

Mr. Hart and Ms. Clark and Ms. Jehlen and Messrs. Rodrigues, Finegold, Michael O. Moore and Pacheco moved that the proposed new text be amended in section 2, in item 2810-0100, by striking out the figures “$42,173,702” and inserting in place thereof the figures “$42,673,702”


Budget Amendment ID: FY2012-S3-173

ENV 173

SHELLFISH PURIFICATION

Messrs. Tarr, Hedlund and Petruccelli moved that the proposed new text be amended in section 2, in item 2330-0100, by striking line item 2330-0100 in its entirety and inserting in place thereof the following item:

 

“2330-0100 For the operation of the division of marine fisheries, including expenses of the Annisquam river marine research laboratory, marine research programs, a commercial fisheries program, a shellfish management program, including coastal area classification, mapping and technical assistance and for the operation of the Newburyport shellfish purification plant and shellfish classification program; provided, that funds shall be expended on a recreational fisheries program to be reimbursed by federal funds; provided further, that the division shall continue to develop strategies to improve federal regulations governing the commercial fishing industry so as to promote sustainable fisheries; provided further, that $400,000 shall be spent for the operation of the Newburyport shellfish purification plant; and provided further, that the commissioner shall develop a feasible plant management plan to reduce, to the maximum extent possible, the amount by which the cost of operating the plant exceeds the revenue it generates, and that said plan shall include, but not be limited to, the following:  1) enabling the shellfish purification plant to accept for treatment those shellfish harvested by valid permit holders from waters not meeting the requirements for open status for acceptable water quality as a result of heavy rainfall pursuant to the national shellfish sanitation program guide for the control of molluscan shellfish; 2) requiring the division to perform additional testing on permanently closed areas to ascertain the possibility of opening said areas as clean areas, with special consideration given to areas 2 and 3 north of Boston, or to developing regulations to permit the acceptance of shellfish harvested from those areas or other moderately contaminated areas for purification at the plant; 3) reviewing the plant hours of operation and make adjustments to better accommodate tide schedules and weekend harvesting and increase plant processing volume; and 4) increasing the frequency of testing at conditionally approved areas and making results of the testing expediently available to the general public; 5) capturing opportunities for the use of the plant for shellfish not requiring purification, but for which additional cleansing, including from sand particulates, creates increased market value and which increases the utilization of the plant and its revenues; provided further, that the commissioner shall evaluate each of these options in developing said plan, and that said plan shall provide an explanation for the reasons for which any element described above is not included in the plan; and provided further, that said plan shall be submitted to the house and senate ways and means committees on or before February 15, 2012...............................................................................................................$4,355,647.”


Budget Amendment ID: FY2012-S3-174

ENV 174

INLAND FISHERIES

Messrs. Tarr and Hedlund moved that the proposed new text be amended by inserting, after Section __, the following new Section:-

 

"SECTION ___ Chapter 62 of the General Laws is hereby amended by inserting after section 6L the following new section:-

 

Section 6K. Every individual who files a separate return may voluntarily contribute one dollar to be paid over to the Inland Fisheries and Game Fund, established by section 2c of chapter 131. In the case of a joint return of husband and wife, each spouse may voluntarily contribute one dollar to said fund. A credit in the full amount of any contribution under this section shall be allowed against the tax imposed by this chapter; provided, that for any such return no such credit shall exceed the income tax liability for any taxable year.

 

At the beginning of each fiscal year, subject to appropriation, one dollar shall be credited from the General Fund to the Inland Fisheries and Game Fund for each dollar contributed by the public in the prior fiscal year under the provisions of this section. The commissioner of revenue shall certify to the state comptroller total revenues contributed to the Inland Fisheries and Game Fund by individuals in the prior fiscal year.

 

A contribution made under this section may be made with respect to any taxable year at the time of filing the return of the tax imposed by this chapter for such taxable year; provided, however, that the commissioner shall prescribe the manner in which such contribution shall be made on the face of the return required by section 5 of chapter 62C.”


Budget Amendment ID: FY2012-S3-175

ENV 175

RELATIVE TO INCREASED PERMITTING EFFICIENCY

Messrs. Tarr, Hedlund and Ross moved that the proposed new text be amended in section 2, in item 2200-0100, by adding at the end thereof the following: "provided further, that the department shall expend funds in support of initiatives to improve the department’s operations, including but not limited to an information technology upgrade to make permitting more efficient, consumer friendly and responsive, a regulatory reform effort to make the operations of the department more efficient, and a restructuring effort to modernize the department’s management structure."


Budget Amendment ID: FY2012-S3-176

ENV 176

Solar Generation Expiration

Messrs. Downing and Pacheco moved that the proposed new text be amended by inserting, after Section _, the following new Section: -

“SECTION__.  Section 122 of chapter 169 of the acts of 2008 is hereby amended by striking out the words “June 30, 2012” and inserting in place thereof the following words:-  June 30, 2017".


Budget Amendment ID: FY2012-S3-177-R1

Redraft ENV 177

Ulin Rink

Mr. Joyce moved that the proposed new text be amended in section 136 by striking out, in line 15 the words “Ulin Memorial Rink, in the town of Milton;”;

And by inserting after section 145, the following section:-

"Section 145A.  (a) Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws, the division of capital asset management and maintenance,  using those competitive proposal processes as the division considers necessary or appropriate,  in consultation with the department of conservation and recreation, may lease and enter into other agreements with 1 or more persons or entities, for terms not to exceed 25 years, for the continued use, operation, maintenance, repair and improvement of the Max Ulin Memorial Rink, together with the land and appurtenances associated therewith.

(b) The failure of a city or town to apply for prequalification under subsection (c) shall not prohibit that city or town from bidding under this section.

(c) Before the division, in consultation with the department, sends out a request for proposals under this section, the division shall hold open a prequalification period of 30 days for the town of Milton and any nonprofit organization located within the town of Milton that desires to bid on the rink, or for a partnership of municipalities which share geographic boundaries as long as the subject rink is located within the geographic area of the municipalities comprising the partnership. The town, a nonprofit organization or a partnership of municipalities that desires to lease the rink under this section may submit materials for prequalification. The prequalification determination may consider, but need not be limited to, the town's, nonprofit organization’s or partnership’s ability to finance the capital improvements determined to be necessary at the rink by the division and to manage, operate and maintain the property. The division, in consultation with the department, shall determine whether the town, a nonprofit or a partnership is prequalified within 15 days of the expiration of the prequalification period.  If the town or nonprofit organization is determined to be prequalified, then the town or non-profit organization shall be awarded the lease for the Max Ulin Skating Rink under the terms and conditions set forth in this act; provided, however, that only 1 lease shall be awarded based on preference as described in subsection (d).

(d)  (1) Preference shall be given to the town of Milton.

(2) If the town and a nonprofit organization are determined to be prequalified, the town shall be awarded the lease.

(3) If more than 1 nonprofit organization is determined to be prequalified, the department may choose to which nonprofit the lease for the rink shall be awarded.

(4) The town or a nonprofit organization awarded the lease under this act shall pay the sum of $1.00 as consideration for the lease, subject to the required capital improvements, performance specifications and other prequalification requirements and terms of the division and submitted proposal. The length of the lease shall be determined between the division and the town or nonprofit organization.

 

(e) The lease and other agreements shall be on terms acceptable to the commissioner of capital asset management and maintenance, after consultation with the commissioner of conservation and recreation and, notwithstanding any general or special law to the contrary, shall provide for the lessees to operate, manage, improve, repair and maintain the property and to undertake initial capital improvements that commissioner determines are necessary due to the structural condition of the property. Leases or other arrangements requiring improvements to be made on the property may include a description of the initially required improvements and performance specifications.

(f) Ice time at the rink shall be allocated to user groups in the following order of priority: general public skating; non-profit youth groups; high school hockey, not for profit schools or colleges; for-profit youth groups and adult organizations or informal groups. Ice time may be allocated at the discretion of the operator, but general public skating shall be booked, in 2-hour contiguous blocks at a minimum of 12 hours per week, with a range of times and days which reasonably allow for public skaters of all ages to participate in some public skating sessions. Every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly-formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender.

(g) The leases and other agreements authorized in this section shall provide that any benefits to the community and the costs of improvements and repairs made to the property provided by the lessees or the recipients of the property shall be taken into account as part of the consideration for such leases or other agreements. Consideration received from the leases or other agreements for the rink shall be payable to the department of conservation and recreation for deposit into the General Fund. The lessees or the recipients of the property shall bear the costs considered necessary or appropriate by the commissioner of conservation and recreation for the transactions including, without limitation, costs for legal work, survey, title and the preparation of plans and specifications.

(h) The name of the Max Ulin Memorial rink shall not be altered or changed under any lease or agreement entered into under this section."


Budget Amendment ID: FY2012-S3-178

ENV 178

Safe Drinking Water Act Compliance

Mr. Eldridge and Ms. Flanagan and Messrs. DiDomenico and Timilty and Ms. Donoghue moved that the proposed new text be amended in section 2, in item 2250-2000, by striking the figure “$1,264,499” and inserting in place thereof the following figure “$1,477,001”.


Budget Amendment ID: FY2012-S3-179

ENV 179

Powers of the Department of Agricultural Resources

Mr. Timilty moved that the proposed new text be amended by inserting the following new Section:-

 

"SECTION X.  Section 2 of Chapter 128 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding, after subsection (j), the following new subsection:-

(k) maintain exclusive authority to regulate and enforce the registration and application of plant nutrients put on or in soil to improve the quality or quantity of plant growth, including but not limited to fertilizer, manure, and micronutrients in the Commonwealth and any rule, regulation, ordinance or bylaw of a city or town which is inconsistent with or contrary to the provisions of this chapter or regulations promulgated hereunder shall be void; provided however, that the department shall work in conjunction with the University of Massachusetts Amherst Extension to ensure any such regulations of the department are consistent with the program’s published information, educational materials and other public outreach programs relative to nutrient management and fertilizer guidelines; provided further, that subject to appropriation, the Department may establish regulations pursuant to this paragraph which shall be developed in consultation with the University of Massachusetts Amherst Extension."


Budget Amendment ID: FY2012-S3-180-R1

Redraft ENV 180

Dam Repair and Maintenance

Ms. Chandler, Ms. Flanagan and Ms. Donoghue moved that the proposed new text be amended in section 2, in item 2800-0700, by adding the following: “; provided further, that the department shall file a report with the secretary of administration and finance, the chairs of the house and senate committee on ways and means, the chairs of the joint committee on environment, natural resources and agriculture on or before April 30, 2012, detailing a plan for a long term funding solution for issues pertaining to repairs and maintenance of dams throughout the commonwealth; and provider further, that the report shall include, but not be limited too, the feasibility of a revolving loan program and utilization of seaport bonds.


Budget Amendment ID: FY2012-S3-181

ENV 181

DCR Retaining Wall

Mr. Tolman moved that the proposed new text be amended by inserting at the end thereof the following new section: -

“The department of conservation and recreation shall conduct a study to ensure the integrity of the state owned retaining wall between back street and storrow drive in the city of boston.”


Budget Amendment ID: FY2012-S3-182

ENV 182

Information Technology Services

Mr. Pacheco moved that the proposed new text be amended in section 2, in item 2000-1700, by striking out the figures "7,653,102" and inserting in place thereof the following figures:- "8,066,801".


Budget Amendment ID: FY2012-S3-183

ENV 183

Privatization of DCR Rinks and Pools

Mr. Hart moved that the proposed new text be amended by striking in outside section 136 the following words; “Devine Memorial Rink in the Dorchester section of the city of Boston”, “Murphy Memorial Rink in the South Boston section of the city of Boston”, “Neponset Landing II Spray Deck in the Dorchester section in the city of Boston”, “Ryan Wading Pool in the Mattapan section of the city of Boston.”


Budget Amendment ID: FY2012-S3-184

ENV 184

Trailside Museum

Mr. Joyce moved that the proposed new text be amended in section 2, in item 2810-0100, in section 2, in item 2810-0100, by inserting the following:- "and provided further, that funds shall be expended for the purposes set out in item 2800-29004 of section2 of chapter 182 of the acts of 2008”


Budget Amendment ID: FY2012-S3-185

ENV 185

Hazardous Waste Cleanup

Messrs. Pacheco and DiDomenico moved that the proposed new text be amended in section 2, in item 2260-8870, by striking out the figures "11,973,797" and inserting in place thereof the following figures:- "13,473,797".


Budget Amendment ID: FY2012-S3-186-R1

Redraft ENV 186

DCR Retained Revenue

Messrs. Wolf, Eldridge and Rodrigues and Ms. Jehlen and Messrs. Knapik, DiDomenico and Michael O. Moore and Ms. Spilka and Mr. Pacheco moved that the proposed new text be amended in section 2, in item 2810-2041, by inserting at the end thereof the following:- "and provided further, that the department may retain and deposit 70% of the aforementioned fees generated above $9,000,000 into the Conservation Trust; and provided further, that any revenue above $9,000,000 spent from this item shall be verified on a monthly basis with monthly revenue estimates filed at the close of each month with the house and senate committees on ways and means.”


Budget Amendment ID: FY2012-S3-187

ENV 187

PORT NORFOLK/SCHAEFFER PAPER SITE 2820-0100

Mr. Hart moved that the proposed new text be amended in section 2, in item 2810-0100, by inserting at the end thereof, the following:- “provided further, that no less than $3,000,000 shall be expended for the design and construction of DCR park land and for the environmental cleanup of the Schaffer paper site in the Port Norfolk section of Dorchester;”


Budget Amendment ID: FY2012-S3-188

ENV 188

DEP Administrative Account

Messrs. Downing, Rodrigues, Welch and DiDomenico and Ms. Jehlen and Messrs. Eldridge and Donnelly and Ms. Clark and Mr. Wolf and Ms. Chang-Diaz and Messrs. Moore, Montigny and Pacheco and Ms. Donoghue moved that the proposed new text be amended in section 2, in item 2200-0100, by striking out the figure “$24,890,767” and inserting in place thereof the following figure:-  “$25,714,271”.


Budget Amendment ID: FY2012-S3-189-R2

2nd Redraft ENV 189

Amendment to Reimburse Communites Affected by RGGI

Messrs. Berry and Rodrigues moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">Mr. Berry moves that the bill be amended by inserting after section 26 the following section:-

“SECTION 26A.  Subsection (c)(1) of section 22 of chapter 21A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out clause (i) and inserting in place thereof the following clause:-

(i)to reimburse a municipality in which the property tax receipts from an electric generating station including, for the purposes of this clause, payments in lieu of taxes and other compensation specified in an agreement between a municipality and an affected property owner, are reduced due to full or partial decommissioning of the facility or other change in operating status of the facility if such action also reduces the commonwealth’s greenhouse gas emissions from the electric generator sector under the goals established under chapter 21N; provided, however that the amount of such reimbursement shall be determined by calculating the difference between the amount of the tax receipts, including payments in lieu of taxes and/or other compensation paid by the electric generating station in the current tax year and the amount of the tax receipts, including payments in lieu of taxes and/or other compensation paid by the electric generating station in the year prior to the full or partial decommissioning or other change in operating status of the facility; provided further, that no reimbursement shall be made if, in a tax year, the aggregate amount paid to a municipality by the owner of an electric generating station including, but not limited to, payments in lieu of taxes and other compensation, exceeds the aggregate amount paid to that municipality by that owner in the year prior to the full or partial decommissioning or other change in operating status of the facility. After full or partial decommissioning or other change in operating status of the facility, the electric generation facility’s tax obligation shall be based, on an annual basis, on tax receipts, including payments in lieu of taxes and/or other compensation that have been negotiated in good faith by the electric generation facility and municipality on or before January 30th of the current tax year; provided however, that if the electric generation facility and municipality have not negotiated in good faith payments in lieu of taxes and other compensation in the nature of property tax payments by said January 30th, then said facility’s tax obligation shall be determined by an independent third party assessor paid by said facility, but selected jointly by the municipality and the facility, or if they are unable to arrive at a joint selection, then by the Department of Revenue. The municipality shall be entitled to reimbursement for the difference between the amount called for in such assessment and the amount of the tax receipts, including payments in lieu of taxes and/or other compensation paid in the year prior to the full or partial decommissioning or other change in operating status of the facility, provided that such independent assessment is filed with any request for funds under this clause.  Payments from the fund shall be prioritized so that the first payments from the fund shall be made to municipalities under this clause.”

And by inserting after section 98 the following section:-

”SECTION 98A. Section 114 of chapter 169 of the acts of 2008 is hereby amended by striking out the figure “2011” and inserting in place thereof the following figure:-2021”.

 


Budget Amendment ID: FY2012-S3-191

ENV 191

Long Term Rink Leases

Ms. Clark moved that the proposed new text be amended in Section 136, by striking out, in line 12, the words, “Flynn Memorial and LoConte Memorial Rink in the city of Medford”.


Budget Amendment ID: FY2012-S3-192

ENV 192

Nahant and Lynn Algae Removal

Mr. McGee moved that the proposed new text be amended in section 2, in item 2800-0501, by adding the following:- “;provided further, that no less than $100,000 shall be expended for the cleanup of Pilayella algae on the Nahant Beach Reservation and Long Beach in the town of Nahant, and on King's Beach in the city of Lynn."


Budget Amendment ID: FY2012-S3-193-R1

Redraft ENV 193

DEP Transfer Stations

Mr. Rosenberg moved that the proposed new text be amended by inserting after section 61 , the following 4 sections:-

“SECTION 61A.  Section 150A of chapter 111 of the General Laws, as amended by chapter 131 of the acts of 2010, is hereby amended by inserting after the fourth paragraph the following paragraph:-

Within 60 days of receipt of said application, the department shall issue a report stating whether the proposed site meets the criteria established under section 150A1/2 for the protection of the public health and safety and the environment. Any and all such reports shall be made available to the public in a timely fashion prior to any public hearing concerning the site application.

SECTION 61B.  Said section 150A of said chapter 111 is hereby further amended by striking out the words “60 days of receipt of said application”, inserted by section 64 of chapter 131 of the acts of 2010, and inserting in place thereof the following words:- 30 days of the receipt of the department’s report.

SECTION 61C. Said section 150A of said chapter 111 is hereby further amended by striking out the words “local board of health”, inserted by section 65 of said chapter 131, and inserting in place thereof the following words:- department’s report.

SECTION 61D.  Said section 150A of said chapter 111 is hereby amended by striking out the ninth and tenth paragraphs, inserted by section 66 of said chapter 131, and inserting in place thereof the following 2 paragraphs:-

No facility shall be established, constructed, expanded, maintained, operated or devoted to any past closure as defined by regulation unless detailed operating plans, specifications, any public health report and necessary environmental reports have been submitted to the department, the department has granted a permit for the facility and notice of such permit is recorded in the registry of deeds, or if the land affected thereby is registered land in the registry section of the land court for the district wherein the land lies. Within 120 days after the department is satisfied that the operating plans, specifications and reports are complete, the department shall make a decision granting or refusing to grant such permit. The permit may limit or prohibit the disposal of particular types of solid waste at a facility in order to protect the public health, promote reuse, waste reduction and recycling, extend the useful life of the facility or reduce its environmental impact.

Every decision by the department granting or refusing to grant any such permit shall be in writing and shall contain findings with regard to criteria established by the department. Any person aggrieved by the action of the department in granting or refusing to grant any such permit may appeal that decision under section 14 of chapter 30A. For the limited purposes of any such appeal, the department action shall be deemed to be a final decision in an adjudicatory proceeding.”


Budget Amendment ID: FY2012-S3-194

ENV 194

Blue Hills Park Rangers

Mr. Joyce moved that the proposed new text be amended in section 2, in item 2800-0100, in section 2, in item 2800-0100, by inserting after "personnel overtime costs" the following "provided further, that not less than $100,000 shall be expended for the operation, maintenance and ongoing support of the department of conservation and recreation park rangers mounted unit in the Blue Hills Reservation


Budget Amendment ID: FY2012-S3-195-R1

Redraft ENV 195

DPU Merger Authority

Mr. Downing moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">by inserting, after Section _, the following new Sections: -

“SECTION__. Chapter 164 of the General Laws, is hereby amended by striking out section 96, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-

Section 96. (a) For purposes of this section, the following words shall have the following meanings.

“Control,” the possession of the power, through direct or indirect ownership of a majority of the voting securities of a gas or electric company or a holding company,  to direct or cause the direction of the management and policies of a gas or electric company or a holding company or the ability to effect a change in the composition of its board of directors or otherwise, provided, control shall not be deemed to arise solely from a revocable proxy or consent given to a person in response to a public proxy or consent solicitation made pursuant to and in accordance with the applicable rules and regulations of the Securities Exchange Act of 1934 unless a participant in said solicitation has announced an intention to effect a merger or consolidation with, reorganization, or other business combination or extraordinary transaction involving the gas or electric company or the holding company.

“Foreign electric company,” an electric company with a domicile, principal place of business, headquarters, or place of incorporation the locus of which is outside of the borders of the commonwealth.

"Foreign gas company,” a gas company with a domicile, principal place of business, headquarters, or place of incorporation the locus of which is outside of the borders of the commonwealth.

“Holding company,” any corporation, association, partnership, trust or similar organization, or person which, regardless of the locus of the domicile, principal place of business, headquarters, or place of incorporation of such entity, either alone or in conjunction and pursuant to an arrangement or understanding with one or more other corporations, associations, partnerships, trusts or similar organizations, or persons, directly or indirectly, controls, or seeks to acquire control over, a gas or electric company."

(b) Companies, except steam distribution companies, subject to this chapter, or holding companies may, notwithstanding any other provisions of this chapter or of any general or special law, consolidate or merge with one another or may sell and convey their properties to another of such companies or to a wholesale generation company, and such companies, holding companies, or wholesale generation companies may purchase such properties if such purchase, sale, consolidation or merger, and the terms thereof, have been approved, at meetings called therefor, by vote of the holders of at least two-thirds of each class of stock outstanding and entitled to vote on the question of each of the contracting companies, and that the department, after notice and a public hearing, has determined that such purchase and sale or consolidation or merger, and the terms thereof, are consistent with the public interest; provided, however, that in making such a determination the department shall at a minimum consider: potential rate changes, if any; the long term strategies that will assure a reliable, cost effective energy delivery system; any anticipated interruptions in service; or other factors which may negatively impact customer service; and provided further, that the purchase or sale of properties by, or the consolidation or merger of, wholesale generation companies shall not require departmental approval except as otherwise provided herein.

(c) No gas, electric, or holding company, subject to this chapter, shall enter into any transaction or otherwise take any action which would result in a change of its control over any gas, electric, or holding company, or foreign gas or electric company unless the terms thereof, have been approved, at meetings called therefor, by vote of the holders of at least two-thirds of each class of stock outstanding and entitled to vote on the question of each of the contracting companies, and the department, after notice and a public hearing, has determined that such transaction or action, and the terms thereof, are consistent with the public interest; provided, however, that in making such a determination the department shall at a minimum consider: potential rate changes, if any; the long term strategies that will assure a reliable, cost effective energy delivery system; any anticipated interruptions in service; or other factors which may negatively impact customer service."


Budget Amendment ID: FY2012-S3-196

ENV 196

Blue Hills Observatory

Mr. Joyce moved that the proposed new text be amended by inserting, after Section 152, the following new Section:-

"SECTION __. Section 104 of Chapter 182 of the Acts of 2008 is hereby amended in the third paragraph of subsection (a) by striking the words "General Fund" and inserting in place thereof the following: - "Blue Hills Reservation Trust Fund in accordance with Section 34C of Chapter 92 of the General Laws"


Budget Amendment ID: FY2012-S3-197

ENV 197

Blue Hills Ski Area

Mr. Joyce moved that the proposed new text be amended by inserting, after Section 152, the following new Section:-

"Section __. Section 105 of Chapter 182 of the Acts of 2008 is hereby amended in the third paragraph of subsection (a) by striking the words "General Fund" and inserting in place thereof the following: - "Blue Hills Reservation Trust Fund in accordance with Section 34C of Chapter 92 of the General Laws"


Budget Amendment ID: FY2012-S3-199

ENV 199

Mystic River Master Plan

Ms. Jehlen and Messrs. DiDomenico and Donnelly moved that the proposed new text be amended in section 2, in item 2800-0101, Provided that $200,000 shall be expended for the design of the Mystic River Master Plan in Arlington, Boston, Everett, Medford and Somerville and in said item by striking out the figures $1,002,565 and inserting in place thereof the figures $1,202,565


Budget Amendment ID: FY2012-S3-200

ENV 200

Hazardous Waste Oversight

Messrs. Donnelly, DiDomenico, Eldridge, Downing and Michael O. Moore and Ms. Fargo and Ms. Clark and Mr. Pacheco moved that the proposed new text be amended in section 2, in item 2260-8870, striking the figure "$11,973,797," and inserting in its place the following:- $12,673,797


Budget Amendment ID: FY2012-S3-201-R1

Redraft ENV 201

Additional Historic Curatorship Properties

Mr. Montigny moved that the proposed new text be amended in section 92, by inserting after the words “to provide sufficient berthing space” the following language:-

“provided, further, that the  lessee shall consult with the Cape Verdean Association in New Bedford in order to provide historic and cultural education programs at the Schooner Ernestina”


Budget Amendment ID: FY2012-S3-202-R1

Redraft ENV 202

Randolph Dog Park

Mr. Joyce moved that the proposed new text be amended by inserting, after section 145, the following new section:-

"SECTION 145A.  (a) Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may lease and enter into an agreement for nominal consideration, for a term not to exceed 25 years, with the town of Randolph for the property currently under the care and control of the department, adjacent to the existing North Randolph Little League field off of High street near the former Nike missile site in the town of Randolph, for use as a dog park.

(b) The town of Randolph shall be responsible for all costs and expenses including, but not limited to, costs associated with engineering, surveys, appraisals and deed preparation related to the conveyance authorized in subsection (a) as such costs may be determined by the commissioner of capital asset management and maintenance, and costs, fees and expenses relating to the care and maintenance for the property. The proceeds of all conveyances and transfers under this section shall be deposited in the General Fund. "


Budget Amendment ID: FY2012-S3-203

ENV 203

Borderland State Park Trust Fund

Mr. Joyce moved that the proposed new text be amended by inserting, after Section 152, the following new Section:-

"Section __.  a) Chapter 92 of the General Laws is hereby amended by inserting after section 34 the following section:-

Section (d). Notwithstanding any general or special law or administrative bulletin to the contrary and pursuant to section 34, there is hereby established and set up on the books of the commonwealth a separate fund, to be known as the Borderland State Park Trust Fund, which shall be used for the purposes of advancing recreational, educational and conservation interests, including, but not limited to, the construction and maintenance of facilities and infrastructure improvements for the area within the reservation. The trust shall receive, hold and expend with the advice of the Borderland Advisory Council, all fees generated by parking, permits, licenses and all other agreements not currently being directed to the General Fund relating to the use of the reservation land as authorized by the commission.  The department shall not make expenditures from this fund so as to cause the fund to be deficient.

b) This law shall be commonly be referred to as "The William Hocking Law"