Amendment #1322 to H4400

Chapter 65 of the acts of 2010

Mr. Donato of Medford moves to amend the bill by adding the following section:

"SECTION XXXX.

Chapter 65 of the acts of 2010 are hereby amended adding the following:

Section 2A. The yearly rental increase of each of these leases shall be no more than two per cent of the established rate for each lease as of January 1, 2015. In addition, each club shall be credited yearly with a dollar for dollar credit against such lease payment for (1) the documented cost of improvements and repairs and maintenance of the land and appurtenances associated therewith which protect and preserve the right of the public to use those areas of the property for public access and boating, including but not limited to clean up and environmental protection of the river; (2) the documented cost of carrying comprehensive general liability insurance naming the commonwealth as a co-insured, protecting the commonwealth against all claims for personal injury or property damage arising from land and appurtenances, to which the public has a right of access, during the term of the lease; (3) the documented cost of providing appropriate public access to public park land and boating areas, including but not limited to the repairs of roads and boat ramp areas; (4) the documented cost of providing outreach and stewardship or benefits to non-profits, municipalities, senior citizen organizations, veterans organizations, educational and environmental facilities and/or organizations, and those consumers with physical or mental handicaps.

If the documented cost of each of those responsibilities contained in paragraph 2A above exceed the cost of the lease payment for each individual year, resulting in no payment for any one year, that amount shall be carried over until the next year, and each following year and credited against those year’s lease payments until the cost of those responsibilities is eliminated. Each year’s lease payments shall be the difference between the established lease rate, minus the cost of the responsibilities listed above. Each boat club shall file an audited statement each year with the commissioner of capital asset management and maintenance, the commissioner of conservation and recreation, the house and senate committees on ways and means and the chairmen of the joint committee on state administration detailing the responsibilities undertaken and completed, and the cost and payment associated therewith."

Additional co-sponsor(s) added to Amendment #1322 to H4400

Chapter 65 of the acts of 2010