HOUSE  .   .   .   .   .   .   .  No. 5153

The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, July 31, 2022.                         

The committee on Ways and Means, to whom was referred the Senate Bill authorizing the transfer of the care and control of certain parcels of land in the town of Monson (Senate, No. 3064), reports recommending that the same ought to pass with an amendment striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5153.

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For the committee,

AARON MICHLEWITZ.

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5153

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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By striking out all after the enacting clause and inserting in place thereof the following:–
 

SECTION 1. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, chapter 403 of the acts of 2008, chapter 59 of the acts of 2009 or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may transfer the care and control of the parcel of land in the town of Monson identified in section 2 from the department of developmental services to the department of fish and game to be held for the purposes of Article 97 of the Amendments to the Constitution of the commonwealth and used solely for forest, agriculture and open space protection, management and conservation, environmental education and public access for passive recreation and enjoyment, including hunting, fishing and trapping. The commissioner of capital asset management and maintenance, in consultation with the commissioner of fish and game, shall determine the exact boundaries of the parcel, which may require the completion of a survey. The commissioner of capital asset management and maintenance, in consultation with the commissioner of fish and game, may alter the boundaries to be transferred to the care and control of the department of fish and game pursuant to this section. The department of fish and game shall not be required to pay any consideration for the parcel of land to be transferred to the department of fish and game under this act.

SECTION 2. The parcel of land to be transferred to the department of fish and game pursuant to section 1 is currently held as surplus property and contains approximately 458.451 acres and is shown as “Locus A” on Sheet 2 on a plan of land entitled “Plan of Land in Monson, MA” prepared by Northeast Survey Consultants, dated April 1, 2015, and on file with the division of capital asset management and maintenance.

SECTION 3. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, chapter 403 of the acts of 2008, chapter 59 of the acts of 2009 or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may transfer the care, custody and control of the parcels of land identified in section 4 from the department of developmental services to the department of agricultural resources to be held for the purposes of Article 97 of the Amendments to the Constitution of the commonwealth and used solely for agriculture and open space protection, management and conservation. The commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources, shall determine the exact boundaries of the parcels, which may require the completion of a survey. The commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources, may alter the boundaries to be transferred to the care and control of the department of agricultural resources pursuant to this section. The department of agricultural resources shall not be required to pay any consideration for the parcels of land to be transferred to the department of agricultural resources pursuant to this act.

SECTION 4. The parcels of land to be transferred to the department of agricultural resources pursuant to section 3 are shown as “Locus B” on Sheet 3 and “Locus C” on Sheet 4 of the plan of land referenced in section 2 and are currently held as surplus property.

SECTION 5. The executive office of energy and environmental affairs shall be responsible for the costs and expenses of the transfers authorized in this act as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation related to the conveyance of the parcels, exclusive of the cost of demolishing any structures on the parcels.