Amendment ID: S2591-39-R1

Redraft Amendment 39

Furnace Brook Flood Control

Mr. Keenan moves that the proposed new text be amended by inserting after section 77 the following section:-

“SECTION 77A. (a)(1)Notwithstanding sections 32 to 37 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 department of conservation and recreation, may grant nonexclusive permanent easements to the city of Quincy over portions of a certain parcel of land held for conservation and recreation purposes, such land being adjacent to the Furnace Brook and along the Furnace Brook Parkway approximately from Dayton street in the north to Cross street in the south and as depicted on site plans entitled “Exhibit B – Furnace Brook Enhancements Permanent Easement Plans”, dated May 30, 2018, prepared by Woodard & Curran.

(2) The permanent easements shall be used solely for the operation and maintenance of the improvements associated with the flood control plan and grading established for flood compensation, subject to the requirements of this section and to such additional terms and conditions consistent with this section as the commissioner of capital asset management and maintenance may prescribe. Prior to granting any easement, the division of capital asset management and maintenance may make minor modifications to the plan and easement areas to carry out the purposes of this section.

(b)  An independent appraisal of the fair market value and value in use of the easements described in subsection (a) shall be 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. Consideration for the grant of the easements described in said subsection (a) shall be the full and fair market value or the value in proposed use, whichever is greater, as determined by the commissioner of capital asset management and calculated with regard to its full development potential as assembled with other lands owned or otherwise controlled by the city. The commissioner of capital asset management and maintenance shall submit the appraisal 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 utilized for the appraisal. 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 joint committee on state administration and regulatory oversight. The commissioner shall submit copies of the appraisal and the inspector general’s review and approval and comments, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 15 days prior to the execution of any documents effecting the transfers described in said subsection (a).

(c) To ensure a no-net-loss of lands protected for natural resource purposes, the city of Quincy shall compensate the commonwealth for the easements described in subsection (a) through the transfer to the department of conservation and recreation of land, an interest of land or funding for the acquisition of land or an interest therein equal to or greater than the highest appraised value as determined under subsection (b). The fair market value of any land or interest in land proposed to be conveyed by the city to the department shall be included within the appraisal prepared pursuant to said subsection (b). The land, interest in land or funding shall be acceptable to the department of conservation and recreation and any land or interest in land, whether conveyed by the city or acquired by the department, shall be permanently held and managed for conservation and recreation purposes by the department. If the appraised value of any land or interests in land proposed for conveyance to the commonwealth are determined to be greater than the appraised value of the easements described in said subsection (a), the commonwealth shall have no obligation to pay the difference to the city. All payments paid to the commonwealth as a result of the conveyances or grants authorized by this act shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws.

(d) The city of Quincy shall assume all costs associated with engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to execute the easements authorized in this section.”