AN ACT RELATIVE TO THE CONSTRUCTION AND FINANCING OF INFRASTRUCTURE AND OTHER IMPROVEMENTS IN THE CITY OF BOSTON AND AROUND FENWAY PARK.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. The general court hereby finds that:
(a) the construction within the city of Boston of a new open air ballpark of sufficient size and with adequate support facilities to attract, retain and accommodate professional teams shall significantly enhance the economic development and the general welfare of the commonwealth;
(b) the continuation and expansion of such activities shall stimulate hotel, restaurant, recreation, entertainment and retail sales activity in the ballpark development area and in the city of Boston, which shall in turn promote the overall economic development of the commonwealth, enhance employment opportunities for its citizens, increase tourism and increase the tax base;
(c) the continuation and expansion of such activities shall enhance the public pride and spirit within the commonwealth and within the city of Boston;
(d) the current open air ballpark in the city of Boston is inadequate for the purposes for which it was designed and a new ballpark is required to attract and retain those athletic events which shall promote the economic health of the commonwealth and encourage further private development, including development of other commercial facilities;
(e) private industry is prepared to make a substantial additional investment to construct the new ballpark in the city of Boston;
(f) the acquisition and financing by the city of Boston of a suitable site within the city for the new ballpark is in furtherance of a public purpose and shall provide an essential stimulus to the development of the ballpark and the economic health and development of the city and the community adjacent to the ballpark;
(g) the construction of the new ballpark in the city of Boston and the further development of the city and the community adjacent to the ballpark requires the construction of a parking garage by the city of Boston;
(h) the construction of a new ballpark in the city of Boston and its use as a venue for professional sports events also requires the construction, development, modernization and improvement of substantial support facilities to the ballpark including roadways, pedestrian walkways, bridges, public transportation facilities, lighting and other utilities and similar improvements; and
(i) the financing of such improvements by the commonwealth is in furtherance of a public purpose, shall promote and enhance public safety and convenience and shall provide an essential stimulus to the construction of the new ballpark and related facilities for economic development by private industry and the economic development of communities adjacent to the ballpark.
SECTION 2.
For the executive office of transportation and construction for essential infrastructure improvements in the city of Boston, pursuant to section 8, described in the memorandum as defined in section 3, to promote the public safety and convenience, including, but not be limited to, the reconstruction of Kilmarnock street intersecting it with Brookline avenue, the redirection and extension of Yawkey way to Beacon street, the relocation of Van Ness street north of its present location, the construction of a so-called "Rear Access Drive" connecting Boylston street to Lansdowne street through a relocated Van Ness street, the construction of a new extension of Ipswich street to connect Boylston street with Lansdowne street, the reconstruction of Maitland street, the reconfiguration of the roadways comprising the "Sears Rotary", so-called, including, but not limited to, portions of Park drive, the Riverway, the Fenway, Brookline avenue and Boylston street, road, utility, traffic signalization, and streetscape improvements to the public roadways within and around the ballpark development area and the parking facility development area, including, but not limited to, Boylston street, Brookline avenue, the Riverway, the Fenway, Park drive, and Audubon circle, streetscape improvements to Kenmore square, traffic controls and signals, lighting, sign barriers, pedestrian and bicycle enhancements, including, but not limited to, bridges, underpasses, and walkways throughout the ballpark development area, improvements to the Muddy river watershed area, the expansion of the Kenmore square and Fenway rapid transit stations and Green Line service, including renovation projects required by the Americans with Disabilities Act, the acquisition and improvement of the abandoned spur tracks located between Fenway station and Beacon street, the reconstruction of Yawkey station and the trackwork servicing the Fenway, Kenmore and Longwood Medical area, and the relocation and construction of utilities along and within the public way; provided that none of the planning, design, development, construction, improvement or any combination of the aforesaid is within the boundaries of the ballpark; provided that not more than $150,000 be allocated to study the feasibility, design and cost of exit and entrance ramps from the Massachusetts turnpike in the area of the parking facility project .....................$100,000,000
SECTION 3. (a) As used in this act, the following words shall have the following meanings unless the context clearly indicates another or different meaning:
"Ballpark", an approximately 44,000 seat, open air ballpark designed primarily to house major league baseball and other events, together with facilities ancillary thereto to support such ballpark and such events, all as more fully described in the economic development plan.
"Ballpark development area", the area within the city of Boston bounded and described as follows: beginning at the intersection of the centerline of Brookline avenue and the centerline of Boylston street, thence easterly following the centerline of Boylston street to the intersection with the centerline of Ipswich street, then northerly and easterly along the centerline of Ipswich street to the intersection with the centerline of Landsdowne street, then westerly along the centerline of Landsdowne street to the intersection with the centerline of Brookline avenue, then southwesterly along the centerline of Brookline avenue to the point of beginning.
"Ballpark site finance fund", the fund established by section 7.
"Ballpark site project", the acquisition by the corporation within the ballpark development area by gift, grant, purchase, exchange, lease or by the exercise of eminent domain in accordance with chapter 79 or chapter 80A of the General Laws of all lands or other property, and rights, air rights, sub-surface rights, easements and interests therein described in the economic development plan necessary as and for a site for the ballpark; the relocation of persons and businesses therein and the demolition and removal of structures thereon; the remediation of environmental and other hazards thereon; the preparation thereof for the construction thereon of the ballpark to the extent provided in the ground lease therefor from the corporation to the developer as provided in this act; and the lease of such site to the developer as provided in this act and in the economic development plan.
"BRA", the Boston redevelopment authority established pursuant to section 4 of chapter 121B of the General Laws and chapter 652 of the acts of 1960.
"City", the city of Boston.
"Corporation", the Economic Development and Industrial Corporation of Boston created and existing under the development act or, if said corporation shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this act to said corporation shall be given by law.
"Cost", as applied to the ballpark site project and the parking facility project shall have the meaning given such term in the development act.
"Developer", Boston Red Sox Baseball Club Limited Partnership, or any designee thereof or any successor to or assignee or designee of the foregoing.
"Development act", Chapter 1097 of the acts of 1971 as amended.
"Economic development plan", the economic development plan describing the ballpark site project and the parking facility project prepared by the corporation pursuant to section 4.
"EOTC", the Executive Office for Transportation and Construction.
"Fenway parking management zone", the area within the city of Boston within a one mile radius centered at the northeast corner of the intersection of Yawkey way and Van Ness street.
"Infrastructure improvements", the planning, design, development, construction, improvement, or any combination of the foregoing, of those facilities and other improvements in the city to promote the public safety and convenience, approved by the secretary of administration and finance and the collector-treasurer of the city, that are described in the memorandum, including, but not be limited to, the reconstruction of Kilmarnock street intersecting it with Brookline avenue, the redirection and extension of Yawkey way to Beacon street, the relocation of Van Ness street north of its present location, the construction of a so-called "Rear Access Drive" connecting Boylston street to Lansdowne street through a relocated Van Ness street, the construction of a new extension of Ipswich street to connect Boylston street with Lansdowne street, the reconstruction of Maitland street, the reconfiguration of the roadways comprising the "Sears Rotary", including, but not limited to, portions of Park drive, the Riverway, the Fenway, Brookline avenue, and Boylston street, road, utility, traffic signalization and streetscape improvements to the public roadways within and around the ballpark development area and the parking facility development area, including, but not limited to, Boylston street, Brookline avenue, the Riverway, the Fenway, Park drive, and Audubon circle, streetscape improvements to Kenmore square, traffic controls and signals, lighting, sign barriers, pedestrian and bicycle enhancements, including, but not limited to, bridges, underpasses, and walkways throughout the ballpark development area, improvements to the Muddy river watershed area, the expansion of the Kenmore square and Fenway rapid transit stations and Green Line service, including renovation projects required by the Americans with Disabilities Act, the acquisition and improvement of the abandoned spur tracks located between Fenway station and Beacon street, the reconstruction of Yawkey station and the trackwork servicing the Fenway, Kenmore, and Longwood Medical area, and the relocation and construction of utilities along and within the public way; provided that none of the planning, design, development, construction, improvement or any combination of the aforesaid is within the boundaries of the ballpark.
"MBTA", Massachusetts Bay Transportation Authority.
"MDC", Metropolitan District Commission.
"Memorandum", the memorandum filed with the secretary of administration and finance and the collector-treasurer of the city pursuant to section 8, as the same may be amended from time to time with the approval of such officers, including the text of the report entitled "Fenway Area Proposed Transportation Improvements" prepared by Howard/Stein Hudson Associates and Vanasse and Associates, regarding infrastructure improvements to be undertaken in connection with the ballpark by EOTC, the MBTA, the MDC or other public agencies.
"Parking facility development area", the area within the city of Boston bounded and described as follows: beginning at the intersection of the centerline of Brookline avenue and the centerline of Overland street, thence northerly and westerly following the centerline of Overland street to a line intersecting with the southwesterly border of Maitland street, then northerly along the southwesterly border of Maitland street to the intersection with the centerline of Beacon street, then northeasterly along the centerline of Beacon street to the intersection with a line coterminous with the northerly border of the Massachusetts turnpike extension, then southeasterly along the northerly border of the Massachusetts turnpike extension to a line coterminous with the centerline of Brookline avenue; then southwesterly along the centerline of Brookline avenue to the point of beginning.
"Parking facility project", the acquisition by the corporation within the parking facility development area by gift, grant, purchase, exchange, lease or by the exercise of eminent domain in accordance with chapter 79 or chapter 80A of the General Laws of all lands or other property, and rights, air rights, sub-surface rights, easements and interests therein described in the economic development plan necessary for a site for, and the planning, design, acquisition, construction, furnishing, equipping and furnishing, or any combination thereof, thereon and the operation, or the lease to or operation by others, including the developer, of a parking garage containing not more than 3,000 vehicle spaces, together with associated support facilities therefor and the development of available commercial space therein or in the air rights over such facility, as more fully described in the economic development plan.
"Special receipts", the receipts described in section 6.
SECTION 4. (a) Subject to section 10 hereof, the corporation may undertake, or contract with the BRA for the BRA to undertake, in whole or in part, the ballpark site project and the parking facility project in accordance with the development act. Notwithstanding any provision of the development act or any other general or special law to the contrary, the ballpark development area and the parking facility development area are each hereby found and declared to be an "economic development area" within the meaning of section 1 of the development act and the ballpark site project and the parking facility project, and the use thereof by the corporation and the developer as contemplated by this act, shall each be an "economic development project" for all purposes of the development act. To carry out and effectuate the foregoing purposes, the corporation shall have and may exercise all of the powers granted to the corporation under the development act and may exercise within the ballpark development area and the parking facility development area and with respect to the ballpark site project and the parking facility project all powers, and shall have all immunities, consistent with this act, granted to operating agencies, including without limitation redevelopment authorities, as defined in chapter 121B of the General Laws and granted to an industrial development financing authority existing under chapter 40D of the General Laws. In the event of any conflict between the provisions of the development act and the provisions of this act, the provisions of this act shall prevail.
(b) In consideration of the acquisition and lease of the ballpark site to the developer as provided in this act, all properties and interests held within the ballpark development area and the parking facility development area by the developer necessary for the ballpark site project or the parking facility project shall be conveyed to the corporation without further consideration. It is hereby declared that, for purposes of any constitutional entitlement to damages in the event of a taking, all properties and interests held within the ballpark development area by the city or the Boston water and sewer commission or their successors and assigns, are being held by said city and commission, respectively, in a governmental and not a proprietary capacity and it is not the intent of this act to confer on the city or said commission any rights to damages for such taking. Any taking of property within the ballpark development area or the parking facility development area held by the city or said commission or any other governmental body shall be effective notwithstanding any inconsistent prior public use. The corporation shall make relocation payments or provide relocation assistance to persons and businesses displaced as a result of carrying out the ballpark site project and the parking facility project and shall otherwise provide relocation assistance as provided in chapter 79A and chapter 121B of the General Laws. Notwithstanding anything in this act to the contrary, the Massachusetts turnpike authority shall convey to the corporation all lands and other properties held by such authority within the parking facility development area and required by the corporation for purposes of this act upon payment of the fair market value of such lands and other properties as reasonably determined by the secretary of administration and finance and the collector-treasurer of the city. Notwithstanding the provisions of any general or special law to the contrary, the provisions of section 39M of chapter 30, chapter 30B, sections 44A to 44M, inclusive, of chapter 149 of the General Laws and any other general or special law, regulation or ordinance or by-law providing for the advertising, bidding or awarding of contracts, for design or construction or for improvements to property shall not apply to the ballpark, the ballpark site project or the parking facility project.
(c) The corporation and the developer shall prepare or cause to be prepared an environmental impact report regarding the ballpark site project and the parking facility project, the ballpark and the infrastructure improvements required by this act. The environmental impact report shall be prepared jointly on behalf of the corporation, the developer and any other person or agency involved in the ballpark site project and the parking facility project and the infrastructure improvements. The environmental impact report shall be prepared in accordance with the provisions of section 62B of chapter 30 of the General Laws. Notwithstanding the provisions of any general or special law to the contrary, the secretary of environmental affairs shall require the corporation and the developer to prepare the report as a final environmental impact report without any prior draft thereof. The scope of the final environmental impact report shall be based upon the submission of an expanded environmental notification form by the corporation and the developer and the comments of said secretary made not later than 30 days after the submission of the expanded environmental notification form. Said secretary's comments shall determine the form, content, level of detail and alternatives required for the report. Notwithstanding the provisions of sections 62 to 62H, inclusive, of said chapter 30, the corporation, the developer and such other persons and agencies may take all actions, including, but not limited to, expenditure of funds pursuant to this act which are necessary or appropriate or required for acquisition of lands and other properties within the ballpark development area and the parking facility development area as provided in this act prior to the publication of the final environmental impact report pursuant to this act and section 62C of said chapter 30.
(d) Notwithstanding any provision of this section to the contrary, the corporation shall neither acquire any property within the ballpark development area or the parking facility development area as provided in this act nor institute any proceeding therefor under chapter 79 or chapter 80A of the General Laws, prior to the preparation by the corporation of an economic development plan for the ballpark site project and the parking facility project and the approval of such plan by the city council and the mayor as provided in section 6 of the development act. In addition to the requirement of section 6 of the development act, the economic development plan shall (1) be consistent with the general plan for the city and any master plan for the area adjacent to the ballpark development area and the parking facility development area and be consistent with any definite objectives respecting appropriate land uses, traffic, public transportation, public utilities, recreational, educational and community facilities and other public improvements; (2) be sufficiently complete to indicate the project boundaries, such land acquisition, demolition and removal of structures, and such redevelopment and general public improvements, as may be proposed to be carried out on the site of the ballpark and within the parking facility development area, and proposed land uses, maximum densities and building requirements, including preliminary project designs and a description of the project programs for such site and within such area; (3) indicated or be accompanied by materials indicating the proposed method for relocation of persons and organizations to be displaced by the ballpark site project and the parking facility project; (4) describe the economic impacts of the ballpark, the ballpark site project and the parking facility project, including job creation, local business opportunities and related development; (5) indicate cost estimates of the ballpark site project and the parking facility project and a financing plan therefor, including an acquisition plan for the sites thereof and identification of parcels to be acquired and the estimated cost thereof; (6) include proposals for neighborhood participation in the development of the ballpark and the parking facility project; (7) may provide for the sharing of net operating income of the parking facility project between the corporation and the developer; and (8) consider and describe measures to mitigate environmental and neighborhood impacts of the ballpark and the ballpark site project and such other planning and urban design issues as the corporation shall determine are presented by the ballpark and the ballpark site project.
(e) Notwithstanding subsection (d), the second paragraph of section 6 of the development act shall not apply to the ballpark, the ballpark site project, the parking facility project or the infrastructure improvements provided that in undertaking the construction of the ballpark, the ballpark site project, the parking facility project and the infrastructure improvements, the developer, the corporation and EOTC, as applicable, shall take all steps legally allowed to hire Boston residents in accordance with the hiring goals as contained in the Boston Jobs for Boston Residents Policy, so called, city of Boston code: ordinances, section 12-10. The developer, the corporation and EOTC shall also comply with the city's policy and standards relative to contracting with minority and women-owned business enterprises pursuant to the city of Boston code: ordinances, section 4-4 in the planning, construction and operation of the ballpark. Copies of all reports required by the city pursuant to said section 12-10 and said section 4-4 shall be forwarded to the clerks of the house and senate and to the committee on state administration.
(f) The developer shall prepare quarterly reports which shall include, but not be limited to: (1) the total dollars expended on the project to date, (2) the number of contracts entered into to date; (3) the number of contracts entered into with minority businesses; (4) the number of contracts entered into with women-owned businesses; (5) the dollar value of contracts entered into with minority businesses; (6) the dollar value of contracts entered into with women-owned businesses; (7) the total number of employees working on the project; (8) the total number of employees working on the project, broken down by race, ethnicity and gender; and (9) the total number of Boston residents working on the project. The quarterly reports shall be submitted to the secretary of administration and finance, the secretary of EOTC, the house and senate committees on ways and means, the clerk of the house of representatives, the clerk of the senate, and the house committee on long term debt and capital expenditures.
SECTION 5. (a) The city shall have no obligation for any costs incurred by the corporation to carry out the parking facility project as contemplated by this act. All costs incurred by the corporation to carry out the ballpark site project as contemplated by this act shall be borne by the city. The city shall raise and appropriate, or may borrow as provided in section 11 of the development act and in chapter 643 of the acts of 1983, as amended, and shall agree with the corporation to raise and appropriate or borrow, such sums as may be necessary to defray any such costs of the ballpark site project; provided, however, that the amount so appropriated or borrowed shall not exceed $140,000,000. Any costs incurred by the corporation to carry out the ballpark site project in excess of such amounts shall be borne by the developer.
(b) Subject to section 16 of chapter 44 of the General Laws and chapter 643 of the acts of 1983, bonds and notes issued by the city under authority of this act shall bear on their face the words, City of Boston Ballpark Development Loan, Act of 2000. Each issue shall constitute a separate loan and, except as provided in said chapter 643, such loans shall be payable in not more than 30 years from their dates. Debt incurred by the city under authority of this act shall not be included in determining the limit of indebtedness of the city as established by law, but shall, except as provided in this act or in said chapter 643, be subject to the provisions of chapter 44 of the General Laws. Notwithstanding the provisions of section 4 or section 8 of said chapter 643 to the contrary, the maturity date of notes issued by the city in anticipation of the receipt of the proceeds of bonds authorized by this section shall not exceed five years from the date of issue of such notes if notes issued for less than five years may be refunded by the issue of other notes maturing no later than five years from the date of issue of the original loan.
SECTION 6. (a) Without limiting the powers conferred upon the corporation in this act and in the development act, the corporation shall lease to the developer that part of the ballpark development area acquired by the corporation as and for the site of the ballpark on such terms and conditions, consistent with this act, as the corporation and the developer shall agree and shall be approved by the collector-treasurer of the city. The developer shall pay annually to the corporation as consideration for the lease of the ballpark site a sum equal to the total debt service incurred by the city in such period on debt of the city issued in accordance with section 5 on account of the ballpark site project, but in no event more than $12,100,000 annually, or, subsequent to the payment of all such debt, an amount equal to $1 annually. All such amounts received by the corporation shall be paid to the collector-treasurer of the city for deposit in the ballpark site finance fund in accordance with section 7.
(b) In order to provide for a portion of the amounts required to make the payments hereunder to be made by the developer, the developer shall impose, collect and pay over to the city as hereinafter provided a facility betterment fee on the price of each ticket sold for events held within the ballpark equal to 5 per cent of such price and shall impose an additional facility betterment fee on the price of each private suite in the ball park equal to 15 per cent of the license fee attributable to the price of such private suite as determined by the developer and approved by the collector-treasurer of the city. As a further source of funds to defray such payments, an administrative parking fee equal to not more than $5 for each parking space, shall be imposed on all commercial parking facilities within the Fenway parking management zone, only on days during which professional baseball events are held in the ballpark and no earlier than two hours before such events. The terms and conditions of such administrative parking fee, the assessment and collection thereof and any reasonable exemptions therefrom shall be determined by rules, regulations or guidelines issued by the collector-treasurer of the city, provided that such rules, regulations or guidelines shall be designed to assure that the Fenway parking management zone shall contain no less than 9,000 parking spaces subject to assessment for such administrative parking fee and shall grant an exemption from such fee for any space used by the faculty, students, staff or persons having legitimate business at a college or university within said zone or by employees of a hospital or health care facility parking their motor vehicles during their working hours, or by a person visiting any hospital or other health care facility in the city, as defined by such regulations or guidelines, whose parking voucher has been stamped or otherwise marked by such college, university, hospital or other health care facility in a manner satisfactory to the collector-treasurer to evidence such use or visitation. Notwithstanding any general or special law to the contrary, commencing with the fiscal year ending June 30, 2000, all receipts from the excise imposed by chapter 64H of the General Laws upon sales at retail by any vendor of meals, beverages and other tangible personal property or services in the ballpark and within the curbline of the entire footprint of the ballpark in excess of the amount of such receipts so collected for the fiscal year ended June 30, 2001, but in no event in excess of $1,500,000 annually, shall be paid to the city and applied as hereinafter provided as a credit against the obligation of the developer to pay rent for its lease of the site of the ballpark. In addition, notwithstanding chapter 152 of the acts of 1997 or any other general or special law to the contrary, commencing 90 days following the effective date of this act, the excise imposed by the city by section 3A of chapter 64G of the General Laws shall be increased to the rate of 4.25 per cent and all receipts equal to the .25 per cent increase thereof over the rate of such excise currently in effect, but in no event in excess of $1,000,000 annually, shall be credited as hereinafter provided against the obligations of the developer to pay rent for its lease of the site of the ballpark. All sums imposed on account of such excise pursuant to section 3A of chapter 64G of the General Laws pursuant to this paragraph shall remain in effect after the dissolution of the ballpark site finance fund and shall be thereafter deposited in the general fund of the city or otherwise as provided in law. All other fees and excises described in this subsection shall expire upon the dissolution of the ballpark site finance fund. The facility betterment fees, parking administrative fee and excise tax receipts described in this paragraph shall be considered "special receipts" for all purposes of this act.
(c) Notwithstanding anything in this act to the contrary, the corporation shall credit the amount of all special receipts received by the city in this act in any year against the obligations hereunder of the developer to pay rent to the corporation for its lease of the site of the ballpark on such terms and conditions as shall be approved by the collector-treasurer of the city and specified in such lease. The developer shall execute and deliver to the corporation or the city such collateral, pledges, security agreements, guarantees, mortgages, contracts, assignments, promissory notes and any other encumbrances upon any of the developer's revenues and assets, including any amounts due the developer from any revenue sharing program of major league baseball, as shall be deemed by the collector-treasurer of the city satisfactory to secure the obligations of the developer under this section.
SECTION 7. (a) On or before the first date of issuance by the city of any bonds, notes or other indebtedness pursuant to section 5, the collector-treasurer of the city shall set up on the books of the city, or shall otherwise establish pursuant to the trust or other security agreement, if any, securing any indebtedness incurred under authority of said section 5, a separate fund entitled the ballpark site finance fund. Such fund shall be maintained as provided in this act by the collector-treasurer or, with the approval of the mayor, by a corporate trustee under such trust or security agreement.
(b) Notwithstanding any general or special law to the contrary, on and after the date of establishment of the ballpark site finance fund, all sums received by the city from or on account of the special receipts described in section 6 shall be deposited in the ballpark site finance fund. Except as otherwise provided in this section, all amounts so deposited shall be used without further appropriation solely to pay the cost of administration and collection of such amounts and to pay or provide for, the principal of and premium and interest on all bonds, notes or the evidences of indebtedness issued under authority of section 5, including the establishment and maintenance of such reserves as may be provided for in any trust or other security agreement securing the same and the costs of administration of such trust or other security agreement. Subject to the provisions of any such trust or other security agreement, and except as otherwise provided in the lease of the site of the ballpark to the developer, as provided in this act or any agreement between the city and the developer, any amount deposited in the ballpark site finance fund in any fiscal year which is determined by the collector-treasurer to be not required for the purposes of the fund as set forth in this act may be withdrawn therefrom and deposited in the general fund of the city.
(c) In accordance with section 9 of chapter 643 of the acts of 1983, any trust or security agreement directly or indirectly securing indebtedness of the city incurred under authority of section 5, in addition to other security provided by law, may pledge or assign, and create a security interest in, all or any part of the amounts deposited and held from time to time in the ballpark site finance fund. Amounts deposited and held in the ballpark site finance fund shall be deemed to be facility revenues within the meaning of said chapter 643 and the ballpark site project and the parking facility project shall each be deemed to be a revenue producing facility for all purposes thereof.
(d) In order to increase the marketability of bonds and notes of the city issued under authority of this act, and in consideration of the acceptance of payment for any such bonds and notes, the commonwealth covenants with the purchasers and all subsequent holders and transferees of any such bonds and notes that until all such indebtedness, including all indebtedness issued to refund such indebtedness, and the interest thereon, shall be paid or, if earlier, shall be deemed to have been paid within the meaning of any trust or other security agreement securing the same, the rate of the special receipts described in section 6 shall not be reduced below the amount in effect at the time of issue of any such indebtedness.
(e) The ballpark site finance fund shall be dissolved on June 30, 2003, if no indebtedness of the city issued under the authority of section 5 shall then be outstanding, or otherwise when all such indebtedness, including any indebtedness issued to refund any such indebtedness and the interest thereon, shall be paid or, if earlier, shall be deemed to have been paid within the meaning of any trust or other security agreement securing the same. Except as otherwise provided in the lease of the site of the ballpark to the developer as provided in this act, or any agreement between the city and the developer, any balance remaining in said ballpark site finance fund on such date of dissolution shall be deposited in the general fund of the city.
SECTION 8. (a) Within 90 days from the effective date of this act, the corporation and the developer shall file a memorandum with the secretary of administration and finance, the secretary of EOTC, the house and senate committees on ways and means and the collector-treasurer of the city describing those infrastructure improvements which the developer and the corporation recommend should be constructed in connection with the ballpark. The memorandum, and the infrastructure improvements described herein, shall be subject to the approval of the secretary of administration and finance and the collector-treasurer of the city, provided that the cost thereof shall in no event exceed $100,000,000. Following such approval, EOTC, either directly or by contract with the MBTA, the MDC, the city, the developer or such other agencies of the commonwealth or the city or other persons as EOTC shall determine to be appropriate, shall undertake, carry out and complete all such infrastructure improvements on such terms and conditions and shall be provided in an agreement therefore between EOTC, the corporation and the developer approved by the secretary of administration and finance and the collector-treasurer of the city. All costs of such infrastructure improvements, up to an amount not exceeding $100,000,000, shall be borne by the commonwealth as provided in this act.
(b) To meet the expenditures necessary in carrying out the provisions of section 2 and this section, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, the sum of $100,000,000 to be in addition to those bonds previously authorized which authorizations remain uncommitted or unobligated on the effective date of this act. All such bonds issued by the commonwealth shall be general obligations of the commonwealth and shall be designated on their face, Fenway Area Transportation Improvement Loan, Act of 2000, and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2026. All interest and payments on account of the principal of such obligations shall be payable from the Highway Fund.
SECTION 9. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized by section 2 and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding five years, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of the notes, whether original or renewal, shall not be later than June 30, 2006. Notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.
SECTION 10. (a) Notwithstanding any of the provisions of this act to the contrary, the commonwealth shall have no authority or obligation to pay for or finance any costs of infrastructure improvements as provided in section 8, or issue any bonds or notes in payment therefor as provided in said section 8, and the corporation shall have no authority or obligation to undertake the ballpark site project or the parking facility project, and the city shall have no authority or obligation to pay for or finance any costs of the ballpark site project or issue any bonds or notes in payment therefor as provided in section 5, unless:
(1) the memorandum shall have been filed with the secretary of administration and finance, the secretary of EOTC, the house and senate committees on ways and means and the collector-treasurer of the city and the terms thereof and of the infrastructure improvements described therein shall have been approved by the secretary of administration and finance and the collector-treasurer of the city; provided, that the secretary of administration and finance shall have filed with the house and senate committees on ways and means prior to the expenditure of funds for infrastructure improvements, itemized expenditures for each individual infrastructure improvement as part of the infrastructure improvement plan. The itemized expenditure accounts shall include, but not be limited to, anticipated expenditures for each individual project, objectives for each individual project as they relate to the overall goals of the infrastructure improvement plan, accomplished infrastructure improvements, expected future infrastructure improvements and a comprehensive infrastructure improvement schedule. Such reports shall be made available for review and comment to the committees before the anticipated start date for each individual project that is part of the infrastructure improvement plans;
(2) preliminary design drawings for the infrastructure improvements shall have been submitted to and approved by the BRA and the secretary of administration and finance;
(3) the developer shall have submitted plans to construct the ballpark to the secretary of administration and finance and the BRA and the developer shall have entered into an agreement with the city and the commonwealth in form and substance satisfactory to the secretary and the collector-treasurer of the city to construct the ballpark and to use the same for the uses contemplated by this act for so long as any bonds of the city or the commonwealth authorized hereunder are outstanding and unpaid;
(4) the city council and mayor of the city shall have approved the economic development plan as provided in section 4 of this act and the borrowing by the city of funds for the ballpark site project as provided in section 5;
(5) the developer shall have presented a finance plan for the ballpark to the collector-treasurer of the city and the secretary of administration and finance, including commitment letters from lenders and others, providing evidence satisfactory to said collector-treasurer and said secretary that the developer has or can obtain all amounts necessary to design and construct the ballpark; and
(6) the corporation and the developer shall have agreed to the terms and conditions of a ground lease of the ballpark development area as and for a site of the ballpark and such ground lease shall have been approved by the collector-treasurer of the city.
(b) Satisfaction of the requirements shall be conclusively evidenced by a certificate of the secretary of administration and finance and the collector-treasurer of the city to such effect filed with the governor, the mayor, the clerks of the house of representatives and senate, the house and senate committees on ways and means, and the house committee on long-term debt and capital expenditures.
SECTION 11. The provisions of this act shall be deemed to provide an exclusive, additional, alternative and complete method for the doing of the things authorized hereby and shall be deemed and construed to be supplemental and additional to, and not in derogation of, powers conferred upon the corporation, the city and EOTC by law; provided, however, that insofar as the provisions of this act are inconsistent with the provisions of any general or special law, administrative order or regulation or any limitation imposed by a corporate or municipal charter, the provisions of this act shall be controlling.
SECTION 12. This act, being necessary for the welfare of the commonwealth and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 13. This act shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of this act, all steps shall be taken which are necessary to meet constitutional requirements whether or not such steps are required by statute.
SECTION 13A. There shall be established by the developer a full-time permanent position of community liaison to the project whose primary responsibility shall be to address and respond to the needs and concerns of the impacted residents and businesses located in the Fenway neighborhood of the city of Boston. The community liaison shall be a resident of the Fenway neighborhood who shall be appointed by the developer.
SECTION 13B. The developer shall allow nonprofit community groups from the impacted city neighborhood to sponsor not less than three charitable events annually at the 600 Club in Fenway park or its comparable replacement in the ballpark. The community events shall be scheduled with the developer so that they shall not compete with Fenway park or ballpark events; at least 50 per cent of the proceeds of the event shall be deposited into the fund established by the BRA for the creation and preservation of affordable housing in to the Fenway neighborhood.
SECTION 13C. Section 35J of chapter 10 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by adding the following clause:-
(e) notwithstanding the provisions of the preceding paragraphs or any other general or special law to the contrary, for any fiscal year in which revenues deposited into the Massachusetts Tourism Fund exceed the amounts deposited into said fund in the previous fiscal year, 50 per cent of the increase in said revenues shall be applied, subject to appropriation, to the Regional Tourism Facility Fund, established pursuant to section 42 of chapter 23G.
SECTION 13D. Chapter 23G of the General Laws is hereby amended by adding the following two sections:-
Section 42. (a) It is in the best public interest of the commonwealth to promote the prosperity and general welfare of all citizens by enhancing the attractiveness of all regions of the commonwealth for cultural activities and tourism-related activities by partially financing the construction, expansion, renovation or repair of cultural, entertainment, public venues or other regional tourism facilities which may stimulate further investment in the arts, entertainment, humanities and interpretive sciences and may result in increased employment or entrepreneurial opportunities for the citizens of the commonwealth or increased tourism to the region where the facility is located, including tourism from outside the commonwealth.
(b) There is hereby established and placed under the control of the agency, the Regional Tourism Facilities Fund, hereinafter referred to as the fund, to which shall be credited, subject to appropriation, for any fiscal year in which revenues deposited into the Massachusetts Tourism Fund exceed the amounts deposited into said Massachusetts Tourism Fund in the previous fiscal year, 50 per cent of the increase in revenues beyond amounts received the prior fiscal year received by said Massachusetts Tourism Fund from the tax imposed by section 3 of chapter 64G, section 22 of chapter 546 of the acts of 1969 or any appropriation made pursuant to section 35J of chapter 10. Notwithstanding the provisions of the previous sentence, the fund shall also be credited with all bond proceeds, federal funds, private contributions, loans or other monies lawfully made available to said fund. The purpose of said fund shall be to make loans or grants for infrastructure projects and eligible projects. Applicants may apply for assistance from the fund for a feasibility grant, grant or loan for the construction, expansion, renovation or repair of cultural, entertainment, public venues, regional tourism facilities or other commercial facilities hereinafter referred to as a project, and the agency may make a qualified investment in a project upon its finding that: (i) the project is an eligible project or infrastructure project; (ii) there is a demonstrated need for the project; (iii) the project will benefit tourism in the local area; (iv) there is local support for the project; and (v) if the project is in a community that has exercised its right to impose a local option hotel-motel excise tax, pursuant to section 3A of said chapter 64G, there is a commitment for partial financing of the project through such local option hotel-motel excise tax revenue. The agency shall hold said fund in a separate account, segregated from all other agency funds. The agency may invest and reinvest said fund and the income therefrom, except, as hereinafter provided, only (i) in the making of qualified investments; (ii) in the investment of funds not required for immediate disbursement in the purchase of such securities as may be lawful investments for fiduciaries in the commonwealth; (iii) for the payment of binding obligations associated with the qualified investments which are secured by said fund as the same became payable; and (iv) for the payment of principal or interest on qualified investments secured by said fund or the payments of any redemption premium required to be paid when such qualified investments are redeemed prior to maturity. Not less than 50 per cent of said fund shall be expended for cultural facilities projects as defined herein. The agency shall award the first round of grants from the fund in fiscal year 2002.
(c) As used in this section, the terms "construction", "costs of the project" and "federal agency", shall, unless the context requires otherwise, have the meanings set forth in section 1. As used in this section, the following words shall, unless the context requires otherwise, have the following meanings:-
"Applicant", a public agency or private organization exempt from income taxation pursuant to Section 501(C)(3) of Title 28 of the Internal Revenue Code.
"Commercial facilities", a building or structure, or site owned or used by a public, private, civic, educational or professional organization or educational foundation concerned with the arts, humanities, interpretive sciences or local arts and exempt from income taxation pursuant to Section 501(c)(3) of Title 28 of the Internal Revenue Code, which is accessible to the public including, but not limited to, museums, historical sites, zoos, aquariums, theaters, concert halls, exhibition spaces, classrooms, auditoriums suitable for presentation of performing of visual arts. This definition does not include public or private educational institutions of early childhood, elementary, secondary, higher educational and vocational-technical education.
"Cultural organization", a nonprofit organization, public or private, which is primarily concerned with the arts, humanities, interpretive sciences or local arts which is exempt from income taxation. This definition does not include public or private educational institutions of early childhood, elementary, secondary, higher educational and vocational-technical education.
"Council", the members of the regional tourism facility fund advisory council, established pursuant to section 43.
"Director", the director of the Massachusetts development finance agency.
"Eligible project", a project for the acquisition, design, construction, repair, renovation or deferred maintenance of a regional tourism facility which furthers the purposes of this section.
"Feasibility grant", a direct grant of monies from the fund, subject to matching grant requirements to an applicant for payment of the costs and expenses related to the undertaking and completion of a planning and feasibility study for a proposed project. No such grant shall exceed $50,000. The agency may award a feasibility grant upon its findings that: (i) there is a likelihood that the proposed project will qualify as an eligible project; and (ii) there is local support for the proposed project.
"Fund", the Regional Tourism Facilities Fund created by this section.
"Grant", a direct grant of monies from the fund to an applicant for payment of the costs of a project; provided, that the amount of any single grant awarded from the fund shall not exceed $7,000,000; provided further, that grants for a total value less than $1,000,000 shall be subject to a matching funding requirement of dollar for dollar of the amount of the grant, provided further, that grants for a total value in excess of $1,000,000 and less than $2,500,000 shall be subject to a matching funding requirement of at least two times the amount of the grant; provided further, that grants for a total value in excess of $2,500,000 and less than $5,000,000 shall be subject to a matching funding requirement of at least three times the amount of the grant; provided, further, that grants for a total value in excess of $5,000,000 and less than $7,000,000 shall be subject to a matching funding requirement of at least four times the amount of the grant; provided further, that not less than 50 per cent of all grant funds expended in one fiscal year from the fund shall be for cultural facility projects as defined herein.
"Infrastructure", repairs to the roof, heating and cooling systems, physical plant, plumbing or foundation of an existing facility and improvements to an existing facility which are necessary to meet life and safety code requirements, so-called, or improvements to an existing facility in order to comply with the provision of the Americans with Disabilities Act, or improvements needed to amenities including, but not limited to, light and sound systems, theatre seating, expansion or renovation of revenue generating equipment typical for the venue such as concession stands and new projection equipment.
"Loan", a direct loan to an applicant from the fund for payment of up to 40 per cent of the cost of a project for an eligible project, except that the amount of any single loan awarded from the fund shall not exceed $7,000,000.
"Public body", the commonwealth and any body politic and corporate of the commonwealth, including any political subdivision or thereof or any consortium of any contiguous subdivisions and any federal agency.
"Qualified investment", a grant, including a feasibility grant, loan, loan insurance or reinsurance, equity investment, guarantee or other financing or credit enhancement device provided under said fund for an eligible project.
"Regional tourism facility", a building, structure or site owned or used by a public or private organization, exempt from income taxation pursuant to Section 501(C)(3) of Title 28 of the Internal Revenue Code, which is accessible to the public and constitutes a regional tourism attraction including, but not limited to, museums, historical sites, zoos, aquariums and facilities for the performing or visual arts.
(d) Notwithstanding the provisions of any general or special law to the contrary, as a condition of accepting a grant from the fund, an applicant shall agree that, whenever ownership of any property which was purchased or improved with a grant from the fund is transferred to another party, such grant shall be repaid immediately to the fund. The amount of such repayment shall be in the full amount of the grant.
(e) The agency may establish rules and regulations relative to the fund. Copies of such rules and regulations, and any modifications or amendments thereto, shall be delivered to the chairmen of the house and senate committees on ways and means and the clerks of the house and senate.
Section 43. There shall be established a regional tourism facilities board in this section called the board. The board shall be comprised of 15 members. Five members shall be appointed by the governor including the director of the Massachusetts cultural council or her designee, the director of the office of travel and tourism or her designee, the director of the Massachusetts Development Finance Agency or his designee. The speaker of the house of representatives shall appoint five persons, one of whom shall be from western Massachusetts and one from outside the metropolitan Boston area. The president of the senate shall appoint five persons, one of whom shall be from western Massachusetts and one from outside of the metropolitan Boston area. All members shall be appointed for a period of five years. Members of the board shall serve without compensation, but may be reimbursed for ordinary in-state travel expenses. The board may establish a technical advisory panel to assist in reviewing applications. The Massachusetts Development Finance Agency shall provide administrative support for the board from the administrative funds allowed in this chapter.
All applications for grants or loans shall be reviewed by the board and only those pre-approved by the board may receive consideration by the Massachusetts Development Finance Agency for final approval. Within 30 days, the agency shall provide the applicant a written explanation for any proposals denied final approval.
SECTION 13E. Section 55 of chapter 121B of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out clause (d) and inserting in place thereof the following clause:-
(d) The total amount of urban renewal assistance grants to be paid under this section shall not exceed $4,500,000 in any one fiscal year or a total of $70,000,000 in the aggregate.
SECTION 13F. The third paragraph of section 57 of chapter 121B of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out clause (c) and inserting in place thereof the following clause:-
(c) The total amount of urban renewal assistance grants to be paid under this section shall not exceed $2,000,000 in any one fiscal year or a total of $20,000,000 in the aggregate, including amounts authorized by the department to be advanced for the estimated expenses as provided in the first paragraph.
SECTION 14. This act shall take effect upon its passage.