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The 194th General Court of the Commonwealth of Massachusetts

Section 35III: Castle Island and Marine Park Trust Fund

[ Text of section effective until July 1, 2025. For text effective July 1, 2025, see below.]

  Section 35III. There shall be a Castle Island and Marine Park Fund, which shall be a separate, nonbudgeted fund to be administered by the secretary of energy and environmental affairs. Amounts credited to the fund shall be expended, without further appropriation, for the long-term preservation, maintenance, nourishment and public safety of Castle Island and Marine park in the South Boston section of the city of Boston. The fund shall be credited with: (i) any revenues or other financing sources directed to the fund by appropriation; (ii) money authorized by the general court and specifically designated to be credited to the fund; (iii) any income derived from the investment of amounts credited to the fund or repayment of loans from the fund; (iv) funds from public or private sources including, but not limited to, gifts, federal or private grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund; and (v) all other amounts credited or transferred to the fund from any other source.

  Any balance in the fund at the end of a fiscal year shall not revert to the General Fund, but shall remain available for expenditure in subsequent fiscal years. Annually, not later than December 1, the secretary of energy and environmental affairs shall report on the activities of the fund to the clerks of the house of representatives the senate and to the house and senate committees on ways and means. The report shall include an accounting of expenditures made from the fund and shall include a description of the authorized purpose of each expenditure, an accounting of the amounts credited to the fund and any unexpended balance remaining in the fund.

Chapter 10: Section 35III. Old Harbor Reservation Trust Fund

[Text of section as amended by 2025, 9, Sec. 8 effective July 1, 2025. See 2025, 9, Sec. 138. For text effective until July 1, 2025, see above.]

  Section 35III. Section 35III. There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Old Harbor Reservation Trust Fund, which shall be administered by the department of conservation and recreation. Amounts credited to the fund shall be expended, without further appropriation, for the purposes of advancing recreational, educational, conservation, public health and safety interests, including, but not limited to, dedicated environmental police and ranger staffing, maintenance staff, construction and maintenance of facilities and infrastructure improvements, of the Old Harbor reservation area, including, but not limited to, Castle island, Pleasure bay, McDonough sailing center, Marine park, Murphy memorial skating rink, M street beach, Carson beach, Day boulevard and Columbia road, in the South Boston section of the city of Boston.

  The fund shall receive, hold and expend all fees generated by permits, licenses and all other agreements not currently directed to the General Fund relating to the use of department of conservation and recreation assets, facilities and land within the Old Harbor reservation. Any unexpended balance in the fund at the end of a fiscal year shall remain available for expenditure in subsequent fiscal years. Annually, not later than July 31, the department shall submit a report, which shall include, but shall not be limited to, an accounting of all funds generated for the trust and expenditures for the previous fiscal year, to the house and senate committees on ways and means. The department shall not make expenditures from this fund that would cause the fund to be deficient.