Budget Amendment ID: FY2018-S3-859-R1

Redraft ENV 859

DCR Lease Agreement

Messrs. McGee, Boncore, Keenan and O'Connor, Ms. Forry and Ms. Lovely moved that the proposed new text be amended by inserting after section 6 the following section:-

“SECTION 6A. Section 35 of chapter 10 of the General Laws is hereby amended by inserting after section 35DDD the following section:-

“Section 35EEE. There shall be a Metropolitan Beaches Trust Fund to be used, without further appropriation, to support free events and recreational and educational programs at the metropolitan beaches under section 70 of chapter 3. The fund shall consist of money received into the fund from any other fund or source or otherwise appropriated, donated or provided to the fund. Any balance in the fund at the end of the fiscal year shall not revert to the General Fund, but shall remain available for expenditure in subsequent future years. An expenditure made from the fund shall not cause the fund to become deficient at any point during a fiscal year.”; and

by inserting after section 100 the following section:-

“SECTION 100A. Notwithstanding any general or special law to the contrary, the department of conservation and recreation shall enter into a long-term lease agreement, not to exceed 10 years, with the metropolitan beaches commission to provide for the management and design of display banners appurtenant to property owned and identified by the department as within the jurisdiction of the commission on the future of metropolitan beaches established pursuant to section 70 of chapter 3 of the General Laws. Revenue generated from a lease or other agreement between the department and the metropolitan beaches commission shall be deposited into the Metropolitan Beaches Trust Fund established by section 35EEE of chapter 10 of the General Laws; provided, however, that the department shall receive 33 per cent of the net revenue collected through the Metropolitan Beach Trust Fund to offset the department’s costs for banner installation and maintenance and for general maintenance and operations of the metropolitan beaches. The lease and other agreements shall be on terms acceptable to the commissioner of the department of conservation and recreation and the co-chairs of the commission on the future of metropolitan beaches. The commissioner shall retain the authority, in consultation with a representative of the commission on the future of metropolitan beaches and a representative of the local community where the banners are displayed, to review and approve banner content associated with such a lease agreement.”.