Amendment #50 to H4599

New section mandating that the Department of Conservation and Recreation (DCR) be dissolved forthwith; that the commissioner of Capital Assert Management and Maintenance convey 42 skating rinks and 2 golf courses maintained by DCR to the towns where said property is located, and an Act creating the establishment of the Commission of Conservation and Recreation for the purposes of determining which state entity (s) shall take control over public beaches, pools, and parks that were previously maintained by DCR.

Mr. Galvin of Canton moves to amend the bill by adding the following section:

SECTION XXX. Section 1(a) There is hereby created a Commission known as the Commission of Recreation and Conservation (CRC). The CRC is hereby constituted a public instrumentality and the exercise by the commission of the powers conferred by this chapter shall be considered the performance of a governmental function. The CRC shall make recommendations and oversee the implementation of the merger and integration of the assets of the property managed by DCR, which includes parks, pools, beaches, and management of park rangers and other employees but excluding skating rinks and golf courses.

(b) The CRC shall convene the first official meeting on or before September 30, 2019. The Commission shall file a report no later than January 1, 2019 with recommendations to determine which state agency shall oversee the management of all parks, pools, and beaches, excluding skating rinks and golf courses previously managed by the DCR.  The CRC has the authority to recommend different state agencies oversee the maintenance of each park, pool, or beach. On January 2, 2019, DCR shall hereby be dissolved.

(c) The CRC shall consist of 11 members: the Senate Chair of the Joint Committee on the Environment, Natural Resources, and Agriculture; who shall serve as Co-Chair of the Commission; the House Chair of the Joint Committee on the Environment, Natural Resources, and Agriculture; who shall serve a Co-Chair of the Commission, 2 members of whom shall be appointed by the Speaker of the House of Representatives, 2 members of whom shall be appointed by the Senate President, 1 of whom shall be appointed by the Governor, 1 of whom shall be the Commissioner of Capital Asset Management and Maintenance or a designee,  1 of whom shall be the Secretary of Energy and Environmental Affairs, or designee,1 of whom shall be designated by the Senate Minority leader, 1 of whom shall be designated by the House Minority leader.

(d) The CRC shall have the authority to make and enter into all contracts and agreements necessary, convenient or desirable in the performance of its duties and the execution of its powers under this chapter;

(e) All members shall serve in good faith and act with due diligence.

Section 2 (a) The commissioner of capital asset management and maintenance shall, convey, state owned land with the buildings thereon which contain, 42 skating rinks and 2 public golf courses managed by DCR for $1.00 to the towns where the skating rinks and golf courses are located.

(b) Upon conveyance of the property described in this section each town shall have full authority to determine whether to maintain property in its current use in accordance of all laws, regulations, or codes, or alternatively chose to lease said buildings and the structures thereon, to private entities with the restriction that a private or public entity maintain the current use as a skating rink or golf course for public use.

(c) Consideration for the conveyances under Section 2 shall be $1.00, payable at the time of conveyance. Upon a subsequent conveyance of the property, described in subsection (b) or a portion thereof by the town, the town shall maintain the gross proceeds of the conveyance.

(d)  The commissioner of capital asset management and maintenance may retain or grant certain rights of way or easements for access, egress, utilities and drainage across the property described in Section 1 and across other property owned by the Commonwealth that is contiguous to the property described in Section 1 and may accept such rights of way or easements for access, egress, drainage and utilities as the commission considers necessary and appropriate to carry out this act.

(e) Notwithstanding any general or special law to the contrary, each town shall be responsible for all costs and expenses relating to the conveyance of property pursuant to this section including, but not limited to, costs associated with any engineering, surveys, historical reviews, appraisals and deed preparation related to the conveyances authorized by this act as such costs may be determined by the commissioner of capital asset management and maintenance.

Section 3(a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Skating Rink and Golf Course Trust Fund. The fund shall be administered by the commissioner of capital asset management and maintenance. The fund shall be credited with: i) revenue from appropriations of other money authorized by the general court and specifically designated to be credited to the fund,  (ii) interest earned on such revenues; and (iii) funds from public and private sources such as gifts, grants and donations to further skating rinks and golf courses. Amounts credited to the fund shall not be subject to any further appropriation and any money remaining in the fund at the end of the fiscal year shall not revert to the General Fund.

(b) Amounts credited to the fund may be expended, without further appropriation, by the commissioner for the following purposes: (i) to assist with the maintenance of the skating rinks and golf courses (ii) to conduct capital improvements and (iii) pay salaries.

(c) Amounts received from private sources shall be approved by the commissioner and subject to review prior to being deposited into the fund to ensure that the pledged funds are not accompanied by conditions, explicit or implicit, on the usage of the donation. The review shall be made publically available.

(d) On or before October 1 of each year, the commissioner shall report to the clerks of the House of Representatives and Senate, the joint committees on ways and means fund’s activity. The report shall include but not be limited to: (i) the source and amount of funds received; (ii) the amounts distributed and the purpose of expenditures form the fund, including but not limited to, funds expended to assist the maintenance of the skating rinks and golf courses; (iii) any grants provided; and (iv) an analysis of the anticipated and expenditure projections for the next year.