Amendment #937 to H4600

MCI Concord Conveyance and Redevelopment

Representatives Cataldo of Concord and Gentile of Sudbury move to amend the bill by striking out section 76 and inserting in place thereof the following section:

“SECTION 76. (a) Notwithstanding sections 32 to 37, inclusive, 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 may sell, lease for a term not to exceed 99 years, transfer or otherwise dispose of real property, used for correctional purposes, known as the Massachusetts Correctional Institution, Concord in the town of Concord. The final boundaries of the parcels to be conveyed may be determined by the commissioner of capital asset management and maintenance after the completion of a survey.

(b) The commissioner of capital asset management and maintenance shall study the existing conditions of the site and conduct planning for the reuse of the property described in subsection (a). The commissioner shall consult stakeholders and other interested persons during the study process, including, without limitation, the: (i) secretary of housing and livable communities or their designees; (ii) secretary of transportation or their designees; (iii) secretary of public safety and security or their designees; (iv) members of the select board of the town of Concord or their designees; (v) members of an advisory body established by the select board of the town of Concord regarding the reuse of the Massachusetts Correctional Institution, Concord, if any; (vi) chair of the board of the Concord Housing Development Corporation, established pursuant to chapter 275 of the acts of 2006, or their designee; (vii) Concord representative to the metropolitan area planning council; (viii) district council chair of the Urban Land Institute Boston/New England or their designee; (ix) executive director of the Concord Business Partnership or their designee; and (x) executive director of OARS, Inc., or their designee.

The commissioner shall, at least 60 days prior to finalizing the study, cause no fewer than 3 public hearings to be held, after giving timely notice, in the town of Concord, with an available option for virtual participation, for the purpose of receiving public comment on the site planning and reuse of the property described in said subsection (a). The first such meeting shall take place no later than 45 days after the effective date of the act.

The commissioner shall prepare a written report summarizing the study findings, which shall include, but shall not be limited to: (1) a summary of existing site conditions identified during the study, if any; (2) a summary of the provisions of existing and ongoing municipal plans, including the town of Concord’s Envision Concord: Bridge to 2030 Plan, Concord’s zoning bylaws affecting the property described in said subsection (a), and any ongoing or completed studies or reports by the advisory body established by the select board of the town of Concord regarding the reuse of the Massachusetts Correctional Institution, Concord; (3) a summary of state, regional and local plans and policies that may affect or guide use of the property described in said subsection (a), including, without limitation, plans and policies encouraging the development of a variety of housing options, commercial and retail opportunities, jobs and open space, and policies encouraging smart growth; (4) a summary of input provided at the public hearings and by the: (i) secretary of housing and livable communities or their designees; (ii) secretary of transportation or their designees; (iii) secretary of public safety and security or their designees; (iv) members of the select board of the town of Concord or their designees; (v) members of an advisory body established by the select board of the town of Concord regarding the reuse of the Massachusetts Correctional Institution, Concord, if any; (vi) chair of the board of the Concord Housing Development Corporation, established pursuant to chapter 275 of the acts of 2006, or their designee; (vii) Concord representative to the metropolitan area planning council; (viii) district council chair of the Urban Land Institute Boston/New England or their designee; (ix) executive director of the Concord Business Partnership or their designee; and (x) executive director of OARS, Inc., or their designee; (5) an evaluation of the specific plan including land use, density, and site access recommended by the town of Concord’s advisory body established by the select board of the town of Concord regarding the reuse of the Massachusetts Correctional Institution, Concord; and (6) the potential reuses and use restrictions, if any, the commissioner deems appropriate for the property described in said subsection (a).

The commissioner shall file the report with the clerks of the house of representatives and the senate no fewer than 60 days prior to the sale, lease, transfer or other disposition of the property described in said subsection (a); except that the commissioner may, prior to the filing of the report, (a) grant easements and rights of access to the town of Concord, (b) convey all or part of the property described in subsection (a) to the town of Concord in a manner consistent with subsection (c), and (c) convey and/or grant easements of any portion of the property to the department of transportation for the sole purpose of making improvements to route 2. (c) The commissioner of capital asset management and maintenance shall dispose of the real property described in subsection (a): (1) utilizing appropriate competitive processes and procedures; or (2) through a sales-partnership agreement in accordance with subsection (d) with the municipality wherein said real property is located. Such competitive processes may include, without limitation, absolute auction, sealed bids and requests for price and development proposals. The real property shall be conveyed without warranties or representations by the commonwealth and shall be on such terms and conditions as the commissioner determines.

(d) A sales-partnership agreement may: (i) require the municipality to conduct a competitive process and select a developer prior to disposition of the real property by the commonwealth; provided, that the commissioner of capital asset management and maintenance may transfer the real property directly to the developer selected by the municipality; or (ii) authorize the municipality to sell or lease the real property directly to a developer pursuant to chapter 30B of the General Laws. The consideration for the disposition of real property to a municipality pursuant to a sales-partnership agreement shall be $1. If the municipality sells or leases any portion of the real property or the commonwealth disposes of real property directly to the developer selected by the municipality pursuant to a sales-partnership agreement, the net proceeds from such sale or lease as agreed to by the commissioner of capital asset management and maintenance and the municipality shall be allocated between the municipality and the commonwealth in equal shares; provided, however, that the commissioner may agree to reduce the share of the commonwealth's proceeds to not less than 40 per cent of the net proceeds in order to provide certain incentives to expedite the sale, lease or permitting of redevelopment by the municipality.

(e) Subject to subsection (g) through (k), the commissioner of capital asset management and maintenance may, within 30 days of the passage of this act, make an offer to transfer the wastewater treatment facility located at Massachusetts Correctional Institution, Concord, and any other real property necessary thereto to the town of Concord for a direct public use, as defined in section 33 of chapter 7C of the General Laws; provided further that the town of Concord shall have a right of first refusal for no less than 180 days to accept the commissioner's offer to acquire the property. Upon a refusal of the town of Concord of the commissioner's offer, including the expiration of said offer, the commissioner may dispose of the wastewater treatment facility and any other real property necessary thereto pursuant to said subsection (c).

(f) At least 30 days before the date of an auction or the date on which bids or proposals or other offers to purchase or lease the real property are due, the commissioner of capital asset management and maintenance shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating the availability of such property, the nature of the competitive process and other information deemed relevant, including the time and location of the auction, the submission of bids or proposals and the opening thereof; provided, however, that the commissioner shall not be required to place said notice if the property is conveyed to a municipality or developer selected by a municipality in accordance with a sales-partnership agreement. At least 30 days before the date of an auction or the date on which bids or proposals or other offers to purchase or lease the real property are due, the commissioner of capital asset management and maintenance shall notify in writing regarding the availability of such property, for each town in which the real property is located, the chair of the board of selectmen and the members of the general court.

(g) The commissioner of capital asset management and maintenance shall establish the value of the real property through procedures customarily accepted by the appraising profession as valid for determining property value. The value shall be calculated both for: (i) the highest and best use of the property as may be encumbered, and (ii) subject to uses, restrictions and encumbrances defined by the commissioner. The commissioner shall submit the appraisal required by this subsection 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 the 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 not less than 15 days prior to the execution of documents effecting the transfers authorized by this section.

(h) The commissioner of capital asset management and maintenance shall place a notice in the central register identifying the municipality, public agency, individual or firm selected as party to such real property transaction, along with the amount of such transaction. If the commissioner accepts an amount below the value calculated pursuant to subsection (g), the commissioner shall include the justification therefore, specifying the difference between the calculated value and the price received.

(i) The commissioner of capital asset management and maintenance may retain or grant rights of way or easements for access, egress, utilities and drainage across the property described in subsection (a) and across other property owned by the commonwealth that is contiguous to the property described in subsection (a) and may accept such rights of way or easements for access, egress, utilities and drainage as the commissioner considers necessary and appropriate to carry out this section.

(j) No agreement for the sale, lease, transfer or other disposition of real property pursuant to this section and no deed, executed by or on behalf of the commonwealth, shall be valid unless such agreement or deed contains the following certification, signed by the commissioner of capital asset management and maintenance: "The undersigned certifies under penalties of perjury that I have fully complied with section X of chapter___ of the acts of 2024 in connection with the property described herein."

(k) No agreement for the sale, lease, transfer or other disposition of real property pursuant to this section shall be valid unless the purchaser or lessee has executed and filed with the commissioner of capital asset management and maintenance the statement required by section 38 of chapter 7C of the General Laws.

(l) The grantee or lessee of any real property disposed of pursuant to this section shall be responsible for all costs including, but not limited to, appraisals, surveys, plans, recordings and any other expenses relating to the transfer, as shall be deemed necessary by the commissioner of capital asset management and maintenance.”