Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately authorize the division of capital planning and operations to grant easements and air rights over certain parcels of land located in the city of Lowell, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. The commissioner of the division of capital planning and operations in consultation with the commissioner of the department of environmental management, is hereby authorized, notwithstanding the provisions of sections forty E to forty J, inclusive of chapter seven of the General Laws or any other general or special law to the contrary, to grant easements and air rights, by deed or deeds approved as to form by the attorney general, over certain parcels of land, including park and environmental land located in the city of Lowell to the Bio Development Corporation for construction of energy related, steam transport pipes. Construction and development must be consistent with the Lowell Preservation Plan, subject to the requirements of sections two to six, inclusive, and such additional terms and conditions as said commissioner may prescribe in consultation with the department of environmental management. Said parcels are described in the following instruments: Order of Taking dated December 1, 1986 and recorded in the Middlesex north district registry of deeds in Book 3830, Page 70; deed from Frank and Claire Barrett dated May 27, 1977 and recorded in said registry in Book 2251, Page 235; and deed from Paul and Lorraine Desmarais dated October 7, 1977 and recorded in said registry in Book 2279, Page 435. In order to ensure consistency with park purposes, said easements to be granted shall be described in a plan submitted by Bio Development Corporation to the commissioner. Said commissioner may grant a right of reasonable access by foot and vehicle over adjacent lands to facilitate the installation and maintenance of improvements related to said easements.
SECTION 1A. Said grant of easement shall be subject to such conditions and restrictions as may be deemed necessary or appropriate by the commissioner of the department of environmental management.
SECTION 1B. In consideration for said easements, Bio Development Corporation shall make a contribution to the conservation trust, as provided for in section one of chapter one hundred and thirty-two A of the General Laws, based on the fair market value of the easements granted, or provided any other form of compensation as determined by the commissioner of capital planning and operations in consultation with the department of environmental management.
SECTION 2. Said easements shall not be inconsistent with the commonwealth's use and operation of the canal system as a state and national park. Any improvements made on the above described parcels shall not interfere with the use, maintenance or operation by Boott Hydropower, Inc., their successors and assigns, for hydroelectric power production.
SECTION 3. The department of environmental management shall not assume any costs for appraisals, surveys, and other expenses deemed necessary by the commissioner of capital planning and operations for the disposition of this property, or for its development or maintenance.