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Budget Recommendations

Capital Asset Management - Related Outside Sections Detail

Executive Office for Administration and Finance
   Division of Capital Asset Management and Maintenance
 

General Care and Control Authority

SECTION 12.   Section 40F of said chapter 7, as appearing in the 2002 Official Edition, is hereby amended by striking out lines 35 through 59, inclusive, and inserting in place thereof the following paragraph:-
          The commissioner, with the written approval of the secretary for administration and finance, may transfer use of, and responsibility for maintenance of, land, buildings, including equipment therein, and other real property of the commonwealth within, between, or among state agencies ,including, without limitation, to or from the division of capital asset management and maintenance, and between state agencies and the judiciary. Provided however, that such transfer authority shall not apply to the state house or real property under the care and control of the department of conservation and recreation, the department of fish and game, the department of agricultural resources, or the division of fisheries and wildlife. Any such transfer shall be based on a determination, made by the commissioner after consultation with the executive offices in which any affected agencies are located, and with the chief justice of the administrative office of the trial court in the case of a transfer involving the judiciary, that such property is not needed, is underutilized, or is not being put to optimum use under current conditions. The commissioner shall notify the house and senate committees on ways and means not less than 30 days prior to the effective date of any such transfer. The 30-day notification requirement may be waived if the commissioner certifies in writing that an emergency exists. Nothing herein shall be construed as diminishing any powers granted to the executive office of transportation or the department of highways pursuant to chapter 6A, chapter 81 or chapter 161C, or any other general or special law relating to the executive office of transportation or the department of highways, as now or hereafter amended.
 
 

Technical Change to Outsourcing Limitations

SECTION 14.   Section 54 of said chapter 7, as so appearing, is hereby amended by striking out paragraph (2).
 
 

Technical Change to Outsourcing Limitations

SECTION 15.   Said section 54 of said chapter 7, as so appearing, is hereby further amended by striking out the first two sentences of paragraph (4) and inserting in place thereof the following sentences:- The agency shall prepare a comprehensive written estimate of the actual costs of regular agency employees providing the subject services. The estimate shall include all direct and indirect costs of regular agency employees providing the subject services, including but not limited to, pension, insurance, and the costs of other employee benefits, capital costs, and overhead.
 
 

Technical Change to Outsourcing Limitations

SECTION 16.   Said section 54 of said chapter 7, as so appearing, is hereby further amended by striking out the last sentence of paragraph (6).
 
 

Transfer of Lyman School to Environmental Affairs

SECTION 120.   Section 7 of chapter 660 of the acts of 1987 is hereby amended by inserting at the end thereof the following paragraph:-
          Notwithstanding the foregoing or any other general or special law to the contrary, the division of capital asset management and maintenance is hereby authorized to transfer to the executive office of environmental affairs, for use by the environmental police, use of and responsibility for a parcel of land containing 2 acres of land, together with any building or other structure thereon, located on Parcel "G". The exact size and boundaries of the parcel to be so transferred shall be determined by the division of capital asset management and maintenance. Transfer of said parcel shall be without consideration and shall not be subject to the provisions of chapter 7 of the General Laws.
 
 

Authority to Grant Easements

SECTION 138.   Notwithstanding any general or special law to the contrary, the commissioner of the division of capital asset management and maintenance may grant easements, including, but not limited to, utility easements, which the commissioner deems necessary and appropriate for the development, operation, use, occupancy, maintenance, or disposition of any state building or real property on such terms and conditions as said commissioner deems reasonable and in the best interests of the commonwealth; provided, however, that this section shall not apply to real property under the care and control of the department of conservation and recreation, the department of fish and game, the department of agricultural resources, or the division of fisheries and wildlife.
          At least 30 days before the date of any such grant of easement, the commissioner shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws describing the easement granted and identifying the individual or firm to which any easement has been granted.
          Notwithstanding any general or special law to the contrary, the commissioner of the division of capital asset management and maintenance may grant easements including, but not limited to, utility easements, to publicly-regulated utilities and to political subdivisions of the commonwealth, on such terms and conditions as said commissioner deems reasonable and in the best interests of the commonwealth. Such terms and conditions may include, but not be limited to, the payment of consideration as determined by the commissioner using such customarily accepted appraisal or valuation methodologies as the commissioner deems reasonable.
          At least 30 days before the date of any such grant of easement, the commissioner shall place a notice in the central register published by the state secretary pursuant to said section 20A of said chapter 9 describing the easement granted, stating any consideration paid, and identifying the individual or firm to which any easement has been granted.
          Nothing herein shall be construed as diminishing any power granted to the executive office of transportation or the highway department pursuant to chapter 6A of chapter 81 or chapter 161C of the General Laws, or any other general or special law relating to the executive office of transportation or the highway department.
 
 

Transfer of Former County Lands to Environmental Affairs

SECTION 139.   The commissioner of the division of capital asset management and maintenance, with the written approval of the secretary for administration and finance, and after consultation with the secretary of environmental affairs, may transfer to one or more agencies within the executive office of environmental affairs the use of, and responsibility for maintenance of, dams, ponds, lakes, other natural resources, and lands acquired for open space, conservation, and public access, together with any buildings, structures, and equipment thereon, which the commonwealth acquired from abolished counties pursuant to chapter 34B of the General Laws or pursuant to other relevant provisions of law.
 
 

Transfer of Hingham Property to Environmental Affairs

SECTION 140.   The division of capital asset management and maintenance is hereby authorized to transfer from the highway department to one or more agencies within the executive office of environmental affairs, as determined by the division after consultation with the secretary of said executive office, use of and responsibility for a parcel of land containing 15.73 acres of land, located in the town of Hingham. The exact size and boundaries of the parcel to be so transferred shall be determined by the division of capital asset management and maintenance. Transfer of said parcel shall be without consideration and shall not be subject to the provisions of chapter 7 of the General Laws.
 
 

Transfer of Peabody Property to Environmental Affairs

SECTION 141.   The division of capital asset management and maintenance is hereby authorized to transfer from the department of public safety to the highway department, use of and responsibility for a parcel of land containing 5 acres of land, together with the buildings thereon, located in the city of Peabody. The exact size and boundaries of the parcel to be so transferred shall be determined by the division of capital asset management and maintenance. Transfer of said parcel shall be without consideration and shall not be subject to the provisions of chapter 7 of the General Laws.
 
 

Transfer of Westborough Property to the Department of Youth Services

SECTION 142.   The division of capital asset management and maintenance is hereby authorized to transfer use of and responsibility for a parcel of vacant state-owned land in the town of Westborough to the department of youth services for use as a location for a new facility for girls committed to the department. The exact size and boundaries of the parcel to be so transferred shall be determined by the division of capital asset management and maintenance. Transfer of said parcel shall be without consideration and shall not be subject to the provisions of chapter 7 of the General Laws.
 
 

Transfer of West Boylston Property to Conservation and Recreation

SECTION 143.   The division of capital asset management and maintenance is hereby authorized to transfer from the department of youth services to the department of conservation and recreation use of and responsibility for the building known as John Augustus hall and the associated Oakdale facility, together with 39 acres of land, all located in the town of West Boylston. The exact size and boundaries of the parcel to be so transferred shall be determined by the division of capital asset management and maintenance. Transfer of said parcel shall be without consideration and shall not be subject to the provisions of chapter 7 of the General Laws.
 
 

Ponkapoag Golf Course Lease Agreement

SECTION 145.   The division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may, notwithstanding the provisions of sections 40E to 40K and 52 to 55, inclusive, of chapter 7 of the General Laws, and utilizing such competitive proposal process or processes as said division deems necessary or appropriate, lease and enter into other agreements, for terms not to exceed 25 years, to one or more proponents, so as to provide for the continued use, operation, maintenance, repair, and improvement of all or a portion of the golf courses, practice greens, driving ranges, restaurant, or any other structure and associated lands that comprise the facilities of the Ponkapoag golf course of said department.
          Such leases and other agreements shall be on terms acceptable to the commissioner of the division of capital asset management and maintenance, after consultation with the commissioner of the department of conservation and recreation, and, notwithstanding the provisions of any general or special law to the contrary, shall provide for the lessees to operate, manage, improve, repair, and maintain the facilities, and may provide for the department to make initial capital improvements or direct grant funds to the lessee to undertake initial capital improvements as the commissioner of said department determines is necessary due to the condition of the facilities. Any such leases or other arrangements requiring improvements to be made to any portion of the facilities may include a description of the initially required improvements and, at minimum, performance specifications. Such leases and other agreements authorized herein may provide that any benefits to the communities and the costs of improvements and repairs made to the facilities provided by the lessees or the recipients of the properties shall be taken into account as part of the consideration for such leases or other agreements. All consideration received from the leases or other agreements shall be payable to the department of conservation and recreation for deposit into the Urban Parks Trust Fund in accordance with the provisions of section 34 of chapter 92 of the General Laws. The lessees or the recipients of said facilities shall bear all costs deemed necessary or appropriate by the commissioner of the department of conservation and recreation for the transactions, including without limitation, all costs for legal work, survey, title, and the preparation of plans and specifications.
 
 

Skating Rink Lease Agreements

SECTION 146.   The division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may, notwithstanding the provisions of sections 40E to 40K and 52 to 55, inclusive, of chapter 7 of the General Laws, and utilizing such competitive proposal process or processes as said division deems necessary or appropriate, lease and enter into other agreements, for terms not to exceed 25 years, to one or more proponents, for one or more skating rinks, so as to provide for the continued use, operation, maintenance, repair, and improvement of the following state-owned buildings and facilities together with the land and appurtenances associated therewith, comprising those ice skating rinks and facilities formerly under the jurisdiction of the metropolitan district commission: Bajko memorial rink, Hyde Park district, Boston; Jim Roche memorial rink, West Roxbury district, Boston; Connell memorial rink, Weymouth; Daly memorial rink, Brighton district, Boston; Devine memorial rink, Dorchester district, Boston; Emmons Horrigan O'Neill memorial rink, Charlestown district, Boston; Flynn memorial rink, Medford; LoConte memorial rink, Medford; Murphy memorial rink, South Boston district, Boston; Reilly memorial rink, Brighton district, Boston; Shea memorial rink, Quincy; Steriti memorial rink, Boston; and, Ulin memorial rink, Milton.
          Such leases and other agreements shall be on terms acceptable to the commissioner of the division of capital asset management and maintenance, after consultation with the commissioner of department of conservation and recreation, and, notwithstanding the provisions of any general or special law to the contrary, shall provide for the lessees to operate, manage, improve, repair, and maintain the properties, and may provide for the department to make initial capital improvements or direct grant funds to the lessee to undertake initial capital improvements at one or more of the properties that the commissioner of said department determines is necessary due to the structural condition of any of the properties. Any such leases or other arrangements requiring improvements to be made to any buildings may include a description of the initially required improvements and, at minimum, performance specifications. Ice time at rinks under the jurisdiction of the division of urban parks and recreation shall be allocated to user groups in the following priority order: general public skating; youth groups; high school hockey; and adult organizations or informal groups. Ice time may be allocated at the discretion of the operator with the following restrictions: general public skating shall be booked at a minimum of 16 hours per week, with a range of times and days which reasonably allow for public skaters of all ages to participate in some public skating sessions. Every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly-formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender. Such leases and other agreements authorized herein shall provide that any benefits to the communities and the costs of improvements and repairs made to the properties provided by the lessees or the recipients of the properties shall be taken into account as part of the consideration for such leases or other agreements. All consideration received from the leases or other agreements shall be payable to the department of conservation and recreation for deposit into the Urban Parks Trust Fund in accordance with the provisions of section 34 of chapter 92 of the General Laws; provided, that any such consideration received for the Jim Roche memorial rink shall be payable to said department for deposit into the Roche Community Rink Fund in accordance with the provisions of section 2NNN of chapter 29 of the General Laws. The lessees or the recipients of said properties shall bear all costs deemed necessary or appropriate by the commissioner of the department of conservation and recreation for the transactions including, without limitation, all costs for legal work, survey, title, and the preparation of plans and specifications.
 
 

Promote Housing on Surplus Property

SECTION 167.   For purposes of this section, the following terms shall have the following meanings:
"Council", the commonwealth development coordinating council, as established pursuant to section 8B of chapter 6A of the General Laws.
"Commissioner", the commissioner of the division of capital asset management and maintenance.
"Division", the division of capital asset management and maintenance.
"Housing allowance action", an official action taken by a municipality after September 30, 2003 that makes surplus real property available for housing use, including housing for low and middle income households, by a change in zoning classification from a non-residential use to residential use or by an increase in the permitted density of surplus real property zoned for residential use.
"Housing allowance offset", an amount to be paid to a municipality from the net cash proceeds derived by the commonwealth from a sale of surplus real property in said municipality. The amount shall be determined by the commissioner, in consultation with the council, based upon such criteria as the commissioner, in consultation with the council, deems appropriate. Such criteria may include, but are not limited to, the number and type of housing units that will be made available as a result of the housing allowance action, the time frame for the introduction of new housing units at the surplus real property site, the estimated cost of the housing allowance action to the municipality, and the estimated benefit of the housing allowance action to the municipality, including any projected increase in property tax revenues for the municipality resulting from such action. Such housing allowance offset may consist of an amount up to, but not in excess of, 50 per cent of that portion of the net cash proceeds derived by the commonwealth from the sale of the surplus real property which the commissioner, in consultation with the council, deems to be attributable to the housing allowance action taken by said municipality; provided, however, that such amount shall be reduced by the value of any real property transferred to the municipality for municipal use in connection with the sale of the surplus real property.
"Surplus real property", real property of the commonwealth determined to be surplus to current and foreseeable state needs pursuant to sections 40F or 40F 1/2 of chapter 7 of the General Laws, as appearing in the 2002 Official Edition, or pursuant to section 548 of chapter 26 of the Acts of 2003, or any other general or special law.
(a) The commissioner, in consultation with the council, may negotiate with any municipality in which surplus real property is located for the payment of a housing allowance offset to said municipality in the event that the municipality takes a housing allowance action. For each such parcel of surplus real property, the commissioner, in consultation with the council, is authorized to determine the appropriate amount of the housing allowance offset, the appropriate housing allowance action to be taken by the municipality, the time frame within which such housing allowance action must be taken, and such other terms and conditions as the commissioner, in consultation with the council, deems appropriate.
(b) The commissioner shall, on an ongoing basis, provide the council with information concerning surplus real property that may be suitable for residential use and for the payment of a housing allowance offset.
(c) The commissioner, in consultation with the council, may modify or withdraw the designation of a housing allowance offset at any time prior to the taking of a housing allowance action by the municipality; provided, however, that the commissioner shall notify the council and the affected municipality of any such modification or withdrawal.
(d) Notwithstanding any general or special law to the contrary, including section 548(n) of chapter 26 of the Acts of 2003, the commissioner shall, upon the sale of surplus real property that is subject to a housing allowance offset as determined by the commissioner, distribute from the proceeds of such sale any housing allowance offset to the municipality entitled to receive such offset.
(e) Nothing in this section shall be construed to grant to a municipality, or any other third party, the right to participate in negotiations between the division and a developer concerning the sale of surplus real property.