Governor Deval Patrick's Budget Recommendation - House 1 Fiscal Year 2008

Governor's Budget Recommendation FY2008

Office of the Secretary of Energy and Environmental Affairs


Suggestions Awards Board

SECTION 5.   Section 31A of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out, in line 19, the words "subject to appropriation, expend sums" and inserting in place thereof the following words:- retain a portion of new revenues received or savings generated in other items of appropriation and may expend these retained amounts without further appropriation.

 

Establish Unified Carrier Registration Trust Fund

SECTION 6.   Chapter 10 of the General Laws is hereby amended by inserting after section 35CC the following section:-

          Section 35DD. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Unified Carrier Registration Trust Fund for commercial motor vehicle enforcement. There shall be credited to that fund all revenues received by the commonwealth from fees levied on motor carriers and related entities required by state or federal law to register with state transportation officials; from appropriations; from gifts, grants, contributions and bequests of funds from any department, agency or subdivision of federal, state or municipal government, and any individual foundation, corporation, association or public authority; or the revenue derived from the investment of amounts credited to the fund. The state treasurer shall not deposit the revenues in, or transfer the revenues to, the General Fund. The state treasurer shall deposit monies in the fund in accordance with section 34 and 34A of chapter 29 in the manner that will secure the highest interest rate available consistent with the safety of the fund. All funds credited under this section shall remain in the Unified Carrier Registration Trust Fund to be expended without further appropriation by the director of the transportation division of the department of public utilities for projects including but not limited to bus inspections, bus company safety audits, federal new entrant audits, railroad grade crossing safety investigations, and administrative support for any such programs, including the operation of the division. Funds in excess of those that may be retained by the commonwealth as determined by formula set by the uniform carrier registration board of the federal motor carrier safety administration may be transferred to a depository account established by that board.

 

Inland Fish and Game Fund

SECTION 10.   Section 1 of chapter 29 of the General Laws is hereby amended by striking out, in line 37, as so appearing, the words "and by section 2C of chapter 131".

 

Uniform Carrier Registration Fee

SECTION 33.   Chapter 159B of the General Laws is hereby amended by striking out section 10, as so appearing, and inserting in place thereof the following section:-

Section 10. Each interstate carrier by motor vehicle transporting over the ways within the commonwealth for compensation shall register and identify with the department under the federal Unified Carrier Registration Act of 2005. Each registration shall be accompanied by a fee, the amount of which shall be determined by the board of directors of the federal Unified Carrier Registration Plan.

 

Blue Hills Ski Area Long-Term Lease Authorization

SECTION 45.   (a) The division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may, notwithstanding sections 40E to 40K and 52 to 55, inclusive, of chapter 7 of the General Laws, and using competitive proposal processes that the division considers appropriate, lease or enter into other agreements for the Blue Hills Ski Area in the town of Canton, for terms not to exceed 25 years to one or more operators, so as to provide for the continued use, operation, maintenance, repair, and improvement of this state-owned recreational facility together with the land and appurtenances associated with it.

          (b) The lease or other agreement shall be on terms acceptable to the commissioner of capital asset management and maintenance, after consultation with the commissioner of department of conservation and recreation, and, notwithstanding any general or special law to the contrary, shall provide for the operator to operate, manage, improve, repair, and maintain the properties. Any such leases or other arrangements requiring improvements to be made to any portion of the facility may include a description of the initially required improvements and shall include performance specifications.

          (c) The inspector general shall review and approve any request for proposal issued by the division before issuance.

          (d) All consideration received from the lease or other agreement shall be payable to the department of conservation and recreation for deposit into the Blue Hills Reservation Trust Fund in accordance with section 34C of chapter 92 of the General Laws. The operator shall bear costs as determined by the commissioner of conservation and recreation for the transactions including, without limitation, costs for legal work, survey, title, and the preparation of plans and specifications.

 

Long-Term Leases to Operate Public Skating Rinks

SECTION 46.   Notwithstanding sections 40E to 40K and 52 to 55 of chapter 7 of the General Laws, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may lease and enter into agreements, using a competitive proposal process or processes that the division considers necessary or appropriate, for terms not to exceed 25 years, to 1 or more operators, for 1 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 associated land and appurtenances formerly under the jurisdiction of the metropolitan district commission: Bajko memorial rink, Hyde Park district, Boston; Connell memorial rink, Weymouth; Devine memorial rink, Dorchester district, Boston; Emmons Horrigan O'Neill memorial rink, Charlestown district, Boston; Flynn memorial rink, Medford; Jim Roche memorial rink, West Roxbury district, Boston; 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; Veterans Memorial Rink, Somerville; and, Ulin memorial rink, Milton.

The leases and other agreements shall be on terms acceptable to the commissioner of capital asset management and maintenance, after consultation with the commissioner of conservation and recreation, and, notwithstanding 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 1 or more of the properties that the commissioner of the department determines to be necessary due to the structural condition of any of the properties. Any 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. Leases and other agreements authorized in this section 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 the 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 Division of Urban Parks Trust Fund under section 34 of chapter 92 of the General Laws; provided that any consideration received for the Jim Roche Memorial Rink shall be payable to the department for deposit into the Roche Community Rink Fund under section 2NNN of chapter 29 of the General Laws. The lessees or the recipients of these properties shall bear all costs considered necessary or appropriate by the commissioner of conservation and recreation for the transactions including, without limitation, all costs for legal work, survey, title, and the preparation of plans and specifications.

The department may consider payments made by a lessee at the Connell Rink as private matching funds for the purposes of item 2800-0105 of section 2E of chapter 352 of the acts of 2004.