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ENV  39

LAKE COCHITUATE

Mr. Brown moved that the bill amended, in Section 2, in item 2800-0100 by inserting the following language at the end thereof:-

"No funds shall be expended for the application of herbicides to treat invasive aquatic plants within one thousand feet of a private or public drinking water supply."

ENV  40

NORTH ATTLEBORO PLAYGROUND

Mr. Brown moved that the bill amended, in Section 2, in item 2820-0100, in line 16 by inserting the words: -

“provided further, that not less than $15,000 in appropriated funds shall be made available for providing Tiny Tot type of playground equipment for the Community Field Playground in the town of North Attleboro”.

ENV 41

FARM POND SHERBORN

Mr. Brown moved that the bill amended by inserting, after Section _____, the following new section:-

 

SECTION _____. Notwithstanding any law to the contrary, the commissioner of the Department of Mental Health, with the assistance of the Commissioner of the Department of Capital Assets Management and Maintenance, shall grant, convey and deed over, without consideration, to the town of Sherborn all rights, title or other real property interests that the Commonwealth may hold as a result of chapter 251 of the Acts of 1897 and chapter 466 of the Acts of 1908, to the waters of Farm Pond in the town of Sherborn, the tributaries of such Farm Pond, and to a certain easements together with a pipeline from said Pond running underground within the Town of Sherborn, to the boundary between the town of Sherborn and the town of Medfield, heretofore used to convey such waters to the now closed Medfield State Hospital, for the Town of Sherborn to have and to hold, for public recreation, water supply and fire protection purposes.

ENV  42

FOSS PARK

Ms. Jehlen and Mr. Barrios moved that the bill amended, in Section 2, in item line item 2820-0100 by striking out the figure $24,349,586” and inserting in place thereof the figure “$24,449,586” and by inserting after the word “Lynn;” the following:- “provided further that $100,000 shall be expended for the improvement of Saxton J. Foss Park in the city of Somerville”

ENV  43

MWRA BOND CAP

Mr. Havern moved that the bill amended by inserting at the end thereof the following new Section :-

“SECTION_____. Paragraph (a) of section 12 of chapter 372 of the acts of 1984, is hereby amended by striking out the fifth sentence, as appearing in section 1 of chapter 83 of the acts of 2001, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under authority of this act shall not exceed $6,100,000,000 outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued shall be excluded in the computation of outstanding bonds.

Section 2.  Section 16 of said chapter 372 is hereby amended by striking out the fourth sentence, as appearing in section 2 of said chapter 83, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under the authority of this act shall not exceed $6,100,000,000 outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued shall be excluded in the computation of outstanding bonds.

ENV  44

GRANDVIEW FARMS

Mr. Havern moved that the bill amended, in Section 2, in item 7004-0099, by adding at the end thereof the following: “provided that $200,000 be expended for the purpose of restoration of the Grand View Farm in the Town of Burlington”; and in said item, by striking out the figures “$8,262,633” and inserting in place thereof the figures “$8,462,633”.

 

ENV  45

MANNING PARK

Mr. Havern moved that the bill amended, in Section 2, in item 2800-0100, by adding at the end thereof the following: - “provided that $20,000 shall be expended for the improvements to Manning Park in the Town of Billerica; and in said item by striking out the figures “$5,968,515” and inserting in place thereof the figures “$5,988,515”.

 

  REDRAFT

ENV  46

VETERANS PARK

Mr. Havern moved that the bill amended, in Section 2, in item 2800-0100, by adding at the end thereof the following: - "provided further, that $100,000 shall be expended for improvements to the Vietnam Veterans Park in the Town of Billerica" and in said item by striking out the figures "$5,968,515" and inserting in place thereof the figures "$6,068,515"

 

 

ENV  47

WITHDRAWN

REDRAFT
ENV
  48

DEP PUMP TESTING

Mr. Pacheco moved that the bill be amended, in Section 2, in item  2200-0100 by adding at the end thereof  after the word "supply" the following wording:-
"provided further that not less than $100,000 be expended for DEP pump testing at the Cole property site for a municipal water supply for the Town of Carver…………………………………….$32,030,671"

 

 

ENV  49

WITHDRAWN

 

ENV  50

WITHDRAWN

 

ENV  51

WITHDRAWN

 

ENV  52

WITHDRAWN

 

ENV  53

WITHDRAWN

 

REDRAFT
ENV  54

ORANGE RIVERFRONT PARK PROJECT

Mr. Brewer moved that the bill amended, in Section 2, in item 2800-0100, by adding at the end thereof the following:- "; provided further, that not less than $25,000 shall be appropriated for the Orange River Front Park Project;"
And further amends the item by striking the figure "20,485,304" and inserting in place thereof the following:- "$20,510,304"

 

 

 

ENV  55

SOUTH ROYALSTON SECURITY FENCE

Mr. Brewer moved that the bill amended, in Section 2, in item 2000-0100, by adding at the end thereof the following:- “; provided further, that not less than $10,000 shall be expended to the South Royalston Improvement Corporation for the construction of a security fence;

 

ENV  56

SPENCER AUTO SALVAGE

Mr. Brewer moved that the bill amended, in Section 2, in item 2260-8870, by adding at the end thereof the following:- “; provided further, that not less than $100,000 shall be expended by the Department on a Special Project to address the property generally known as Spencer Auto Salvage, to (a) remove hazardous wastes, solid wastes and contaminated soil, on-site, and (b) mitigate, off-site, the impacts from such wastes and soil upon household drinking water supplies which have caused them to have contaminants which exceed Safe Drinking Water Standards;”  

 

REDRAFT
ENV  57

BLACKSTONE WATER CONTAMINATION

Mr. Moore moved that the bill amended, in Section 2, in item 2200-0100, by inserting at the end therein the following:-"provided further that not less than $15,000 shall be provided to the Town of Blackstone for emergency water contamination services."

And by further amending the item by striking the figure, "$31,930,671" and replacing therein the following figure:- $31,945,671

 

 

REDRAFT
ENV  58

WEBSTER LAKE SEDIMENT CONTROL

Mr. Moore moved that the bill be amended, in Section 2, in item 2200-0100 by adding at the end thereof, the following:-"provided further, that $168,000 shall be expended for sediment control in Lake Webster;"

And by further amending the item by striking the figure, "$31,930,671" and replacing therein the following figure:- $32,098,671

 

 

REDRAFT
ENV
  59

Veteran's Memorial Rink

Ms. Jehlen and Mr. Barrios moved that the bill amended, in Section 2, in item 2820-0100 by striking out the figure $24,349,586" and inserting in place thereof the figure "$25,349,586" and by inserting after the word "Somerville;" the following:- "provided further that $1,000,000 shall be expended for the improvement of Veterans Memorial Rinkvin the city of Somerville"

 

 

ENV  60

ELEVATION OF SPOT POND

Ms. Jehlen moved that the bill be amended by adding the following section:-

“SECTION __:  Notwithstanding any general or special law to the contrary, the withdrawal of water from Spot Pond Reservoir by the Town of Winchester pursuant to the Spot Pond Elevation Management Agreement between the Town of Winchester and the Massachusetts Water Resources Authority dated October 27, 2002 shall be deemed a water sharing agreement for the purposes of the Massachusetts Water Management Act, G.L. c. 21G, § 1, et seq., and the implementing regulations thereof, 310 CMR 36.00.  So long as said agreement remains in effect and the Town of Winchester withdraws water from Spot Pond in compliance with said agreement, such withdrawal of water from Spot Pond shall not require registration or a permit under the Massachusetts Water Management Act.”

 

ENV  61

MAINTENANCE EQUIPMENT AT BRADLEY PALMER STATE PARK

Mr. Tarr moved that the bill be amended, in Section 2, in item 2800-0100, by inserting after the words “Nantasket Beach Reservation”, the following:-

“and provided further, that not less than $100,000 shall be expended for the purchase of trail maintenance equipment and materials at Bradley Palmer State Park.”

 

ENV  62

GREENLEAF

Messrs. Lees and Buoniconti moved that the bill be amended, in Section 2, in item 2810-0100 by inserting at the end thereof the following words:-

“; provided further, that not less than $400,000 shall be expended for the Greenleaf Community Center in Springfield;”

 

ENV  63

CRANE'S BEACH TRAIL IN IPSWICH

Mr. Tarr moved that the bill be amended, in Section 2, in item 2000-0100, by inserting after the words “Coalition for Buzzards Bay”, the following:-

“and provided further, that not less than $300,000 shall be expended for the planning, design and completion of construction plans for a multi-use trail extending between the commuter rail facility and Crane’s Beach in the Town of Ipswich, provided further that such trail shall interconnect to the extent possible with existing trails and that the project leverage at least 50% of its total cost for planning, design and construction in matching resources.”

 

ENV  64

BEDROCK WELL INSTALLATIONS IN ROCKPORT

Mr. Tarr moved that the bill be amended, in Section 2, in item 2800-0101 by inserting after the words “Upper Mystic Lake in Winchester” the following:-

“provided further, that not less than $400,000, subject to a 1:1 match from the town, shall be expended for the planning, design and construction of bedrock wells in the town of Rockport in order to alleviate chronic water shortages in said town;” ;

and further moved in said section by striking the figure “$2,349,209” and inserting in place thereof the following figure:- “$2,749,209”

 

 

ENV  65

SOCIO-ECONOMIC STUDY OF FISHING REGULATIONS IMPACTS

Mr. Tarr moved that the bill be amended, in Section 2, in item 7007-0515 by inserting after the words “Fisheries Recovery Commission” the following:- 

“, not less than $60,000 of which shall be expended for the continuation of a socio-economic study and analysis of the commonwealth's fishing industry”

 

ENV  66

FORT PHOENIX BEACH

Mr. Montigny moved that the bill be amended, in section 2, in item 2800-0100, by inserting after the words “Blue Hills Reservation” the following wording:-

“; provided further, that not less than $125,000 shall be expended on ongoing maintenance and improvements at Fort Phoenix State Reservation in the city of Fairhaven”.

 

ENV  67

WITHDRAWN

ENV  68

WITHDRAWN

 

ENV  69

TAUNTON RIVER WATERSHED STUDY

Mr. Pacheco moved that the bill be amended, in Section 2, in item 2800-0101, by striking out the words “the executive office of environmental affairs ‘Proposal for Watershed Work Affecting Water Quality-Wastewater Quality-Wastewater Discharges and Stormwater Discharges’, dated February 11, 2003,” and inserting in place thereof the following words:-  "Scope of Work: Taunton River Comprehensive Water Management Plan”, dated May 1, 2006

 

ENV  70

WITHDRAWN

 

ENV  71

HUNNEWELL FIELD

Mr. Brown and Ms. Spilka moved that the bill be amended, in Section 2, in item 2820-0100, by adding the following words:-

 “Not less than $100,000 shall be expended for improvements and lighting at the Hunnewell Field in Natick”; and in said item by striking out the figures “$24,349,586” and inserting in place thereof the figures “24,449,586”.

 

ENV  72

MORSE POND NATICK

Mr. Brown and Ms. Spilka moved that the bill be amended, in Section 2, in item 2820-0100, by adding the following words:-

 “Not less than $100,000 shall be expended for environmental protection and improvements to the former gravel pit on Morse's Pond in Natick”; and in said item by striking out the figures “24,349,586” and inserting in place thereof the figures “24,449,586”.

 

ENV  73

DUDLEY POND

Mr. Brown moved that the bill amended, in Section 2, in item 2800-0101, in line 6 by inserting after “the bureau of forestry development “  the following words:

“and provided further, that not less than $25,000 shall be awarded as a one-time grant to the Dudley Pond Association in Wayland to fund the expense of removing the invasive weed Eurasian Milfoil from the pond”; and in said item by striking out the figures “2,349,209 “ and inserting in place thereof the figures “2,374,209“.

 

ENV  74

MILLIS FLOOD CONTROL

Mr. Brown moved that the bill amended, in Section 2, in item 2800-0101, by adding the following words:-

“Not less than $40,000 shall be expended for flood control on Forest Road in Millis”; and in said item by striking out the figures “$2,349,209” and inserting in place thereof the figures “2.389,209”.

 

ENV  75

WRENTHAM DEVELOPMENTAL CENTER

Mr. Brown moved that the bill amended, in Section 2, in item 2800-0100, in line 4, by inserting after “department of conservation and recreation properties and parkways” the following:-

 “provided further, that $1,500,000 shall be expended for the state contribution for a recreational complex in the town of Wrentham”; and in said item by striking out the figures “$5,968,515” and inserting in place thereof the figures “$7,468,515.”

 

ENV  76

NEEDHAM HISTORICAL SOCIETY

Mr. Brown moved that the bill amended, in Section 2, in item 2800-0100, by adding the following:-

 “; provided further, that $100,000 shall be expended for handicap accessibility at the Needham Historical Society”; and in said item by striking out the figure “$5,968,515“ and inserting in place thereof the figures “$6,068,515“.

 

ENV  77

OAK GROVE PLAYGROUND

Mr. Brown moved that the bill amended, in Section 2, in item 2820-0100, by adding the end thereof following:

“Not less than $50,000 shall be expended for emergency safety repairs at Oak Grove Farm Playground in Millis”; and in said item by striking out the figures “$24,349,586” and inserting in place thereof the figures “24,399,586”.

 

ENV  78

ENV - RESOR - NATURAL HERITAGE PROGRAM WAIVER

Ms. Resor, Mr. Brewer, Mr. Creedon, Ms. Spilka, Ms. Jehlen, and Mr. Timilty moved that the bill be amended by inserting, after section 100, the following new Section:-

 “SECTION 100A. Notwithstanding any general or special law to the contrary, amounts expended from the Natural Heritage and Endangered Species Fund, established by section 35D of chapter 10 of the General Laws, shall be exempt from indirect cost charges pursuant to chapter 29 of the General Laws.”

 

 

ENV  79

ENV – RESOR - GIS SYSTEMS COMPREHENSIVE STATEWIDE LAND USE DATA LAYER

Ms. Resor, Mr. Brewer, Mr. Pacheco, Mr. Creedon, Ms. Spilka and Ms. Jehlen  moved that the bill amended, in Section 2, by inserting after line item 2000-0900 the following new item:-

“2000-9901 for the development of a comprehensive statewide digital data layer of land use/land cover and related services necessary to develop this data layer...............$400,000”

 

ECO  80

ECO - RESOR - ELIMINATE SALES TAX ON PESTICIDES

Ms. Resor, Ms. Chandler, Mr. Creedon, Mr. Brewer and Mr. Rosenberg moved that the bill amended by inserting, after Section 21, the following new Section: -

SECTION 21A.  Subsection (p) of section 6 of chapter 64H of the General Laws, as appearing in the 2004 official edition, is hereby amended by striking clause (3) and inserting in place thereof the following clause:-

(3) sales of fertilizer, including ground limestone, hydrated lime, seed inoculants and plant hormones, as well as other substances commonly regarded in the same category and for the same use, but not including any sales of pesticides, including insecticides, herbicides, fungicides, miticides and all materials registered with the Environmental Protection agency as pesticides under Federal Insecticide, Fungicide and Rodenticide Act as well as other pesticides commonly regarded in the same category and for the same purpose except when purchased by a person licensed pursuant to chapter one hundred thirty-two B; or purchased as an agricultural input which become an ingredient or component part of tangible personal property to be sold or which are consumed and used directly and exclusively in agricultural production, pursuant to section (6)(r) of chapter 64H.

 

ENV  81

BLUE HILLS PARKWAY SAFETY IMPROVEMENTS

Mr. Joyce moved that the bill amended, in Section 2, in item 2800-0100, by inserting after the word “Lowell”:  “; and provided further, that not less then $1,000,000 shall be expended for improvements along the Blue Hills Parkway, including but not limited to infrastructure and road improvements, signalization, sidewalks, lighting, safety and aesthetic improvements, in the Town of Milton.”

 

REDRAFT
ENV
  82

ENV - RESOR - DCR STATE PARKS

Ms. Resor, Ms. Fargo and Ms. Tucker, Ms. Chandler, Mr. Antonioni, Mr. Moore, Mr. Creedon, Mr. Brewer, Ms. Spilka, Ms. Jehlen, and Mr. Timility moved that the bill amended, in Section 2, in item 2810-0100 by striking out the figure “$20,485,304” and inserting in place thereof the following figure:- “$22,527,890”.

 

 

ENV  83

BLUE HILLS SKI AREA

Mr. Joyce and Messrs. Brown and Timilty moved that the bill amended by inserting, after Section 103, the following new Section:-

SECTION 104.  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, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may lease and enter into other agreements, for terms not to exceed 25 years, to one or more proponents, for the Blue Hills Ski Area in Canton, 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 therewith.
Such lease or other agreement 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 lessee 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, at minimum, performance specifications.


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 the provisions of section 34C of chapter 92 of the General Laws. The lessee or recipient of said property 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.

 

ENV  84

BRAINTREE GAZEBO

Mr. Joyce and Mr. Morrissey moved that the bill be amended, in Section 2, in item 2330-0100, by inserting after the word “Bedford”  “; provided further, that $100,000 shall be expended for the design and construction of a permanent bandstand or gazebo on the

grounds of sunset lake in the town of Braintree.”

 

REDRAFT
ENV
  85

BRAINTREE HYDROLOGIC STUDY

Mr. Joyce and Mr. Morrissey moved that the bill be amended, in Section 2, in item 2800-0101, by inserting after the word "Clinton"  "; provided further, that not less than $250,000 shall be expended to the town of Braintree for a hydrologic project in the watershed area."

 

 

ENV  86

HOUGHTONS POND ATHLETIC FIELDS

Mr. Joyce moved that the bill amended, in Section 2, in item 2800-0100, by inserting after the word “reservation”: “; provided further, that not less then $1,000,000 shall be expended for necessary improvements and renovations at Houghton’s pond athletic fields in the town of Milton.”

 

REDRAFT
ENV
  87

DCR RINKS RIGHT OF FIRST REFUSAL

Ms. Jehlen Messrs. Tisei, Tarr, Barrios, Lees, Knapick, Brown and Hedlund moved that the bill amended, in section 93, by striking out subsection (c) and inserting in place thereof the following subsection:--

SECTION 93: "(c) Before the division, in consultation with the department, sends out any request for proposals under this section, the division shall hold open a pre-qualification period of 45 days for cities and towns and youth oriented non-profits that desire to bid on rinks that are listed in this section and are located within the city or town, or for a partnership of municipalities which share geographic boundaries as long the subject rink or rinks are located within the geographic area of the municipalities comprising the partnership. A city, town, youth oriented non-profit or partnership of municipalities that desires to lease a rink under this section may submit materials for prequalification. The pre-qualification determination may consider, but need not be limited to consideration of, the city’s, town's, youth oriented non-profit’s or partnership’s ability to finance the capital improvements determined to be necessary at each rink listed in this section by the division and to manage, operate and maintain the properties. Preference shall be given to the city or town in which the rink is located. The division, in consultation with the department, shall determine whether a city, town, youth oriented non-profit or partnership is pre-qualified within 15 days of the end of the prequalification period. If a city, town, youth oriented non-profit or partnership is determined to be pre-qualified, that city, town, youth oriented non-profit or partnership shall be awarded the lease for that rink under the terms and conditions set forth in this section. If a city, town, youth oriented non-profit or partnership is determined to be pre-qualified, the city, town, youth-oriented non-profit or partnership shall pay consideration for a lease subject to the required capital improvements, performance specifications, and other prequalification requirements and terms of the division and submitted proposal. The length of the lease shall be determined between the division and the city, town, youth oriented non-profit or partnership." 

 

 

  REDRAFT

ENV  88

Houghton's Pond Technical Correction

Ms. Walsh moved that the bill be amended by inserting after Section _____, the following new Section:-
"SECTION ___.    Item 2800-7993 of chapter 238 of the acts of 2000 is hereby amended by adding at the end of said item the following words: provided that not less than $100,000 shall be expended as a reimbursement to the Eileen Patricia Sullivan Roche Foundation."

 

 

 

REDRAFT
ENV
 89

NORTH RANDOLPH LITTLE LEAGUE

Mr. Joyce moved that the bill amended, in Section 2, in item 2820-0100, by inserting after the word "Lynn": "; provided further, that no less then $250,000 shall be expended for the construction of two DCR athletic fields and parking lots at the Nike Site, so-called, in the High Street area in the Town of Randolph."

Mr. Joyce further moves to amend the bill, in section 2, in item 2820-0100, by striking out the figure "$24,349,586" and inserting in place thereof "$24,599,586"

 

  REDRAFT

ENV  90

PONKAPOAG GOLF COURSE LEASING

Mr. Joyce moves to amend the bill, in section 2, in item 2820-4421, by striking out the figure “$700,000” and inserting in place thereof “$1,100,000”.

                        Mr. Joyce further moves to amend the bill, in section 96, in subsection (b) by striking out the words “and (11) hours of operation” and inserting in place thereof the following words:-  “, (11) hours of operation, (12) a commitment to give the town of Canton community benefits equal to or greater then the amount that the contracting entity would pay in property taxes for the golf course if it were taxable commercial property and (13) that for the first five (5) years of any contract or lease, the contractor or lessee shall not raise any existing fees and charges for greens fees, golf cart and club rentals more than $5 per year and for season passes more than 5% per year. Subsequent to year five of any contract or lease, if the contractor or lessee proposes to increase any fee, or charge, they shall submit a letter of request to DCR.  In considering each request, DCR will consider all factors that DCR deems relevant, including, without limitation, the following:

  1. Capital investments made by  contractor or lessee to the Premises;
  2. Greens fees and other fees and charges by other  public golf courses within reasonable proximity of the Premises;
  3. The length of time since the last fee increase, if any; and
  4. Fees charged at other  existing DCR golf courses, it being a goal of DCR to ensure consistency in fees charged at such facilities.
No increase shall be charged until approved, in writing, by DCR.  DCR shall not unreasonably withhold, condition, or delay such approval.

; and

In said section 96, in subsection (c), by striking the section in its entirety and replacing it with:Notwithstanding any other provisions of this section or any other general or special law to the contrary, it shall be a mandatory term of any request for proposals issued by the commissioner and of any contract entered into by the Commonwealth with any party regarding the subject matter of this section that any party which has entered into a contract pursuant to this section with the Commonwealth shall require, in order to maintain stable and productive labor relations and to avoid interruption of the operation of the golf course and to preserve the safety and environmental conditions of the course, that all employees currently working on the operation and maintenance of the course be offered employment by any party entering into a contract pursuant to this section, and that any such contract shall adopt all terms and conditions of employment provided by the last applicable labor agreement negotiated between the labor organization representing said employees and the employer who has most recently employed said employees prior to entering into any contract pursuit to this act; provided, however, that any party entering into such contract with the commonwealth pursuant to this section shall pay all of said employees not less than the sum of applicable wages paid to said employees by the previous employer.  Any such party entering into such contract with the commonwealth shall negotiate a successor agreement with the last applicable labor organization representing said employees prior to the expiration of the existing contract. Such parties shall agree to meet their legal obligations with regard to any labor organization representing employees engaged in the operation and maintenance of the course. Notwithstanding any special or general law to the contrary, any party entering into such contract with the Commonwealth shall provide all employees working on the operation and maintenance of the course with all of the rights and benefits including retirement and pension benefits, seniority rights, compensation and salary grade, accrued rights to holidays, sick leave, vacation and health insurance benefits, union representation or certified collective bargaining unit as certified by the state labor relations commission, and local union representation or affiliation that are at least equal to said employees' benefits provided by the Commonwealth.  Notwithstanding any other provisions of this act any proposal not complying with the above terms shall be disqualified from consideration.  Upon the execution of any agreements authorized by this section, the department of conservation and recreation shall reassign or relocate those employees who do not accept employment with the lessor to positions within the department at the same wages and benefits, subject to applicable collective bargaining agreements.

 

 

REDRAFT
ENV
  91

POPE JOHN PAUL PARK SECURITY

Mr. Joyce and Mr. Hart moved that the bill be amended, in Section 2, in item 2820-0100, by inserting after the word "duties"  "; provided further that not less than $75,000 shall be expended for staff and equipment for maintenance and management of the Neponset Reservation including Pope John Paul Park and the Multiuse Trail in Dorchester and Milton."

Mr. Joyce further moves to amend the bill, in section 2, in item 2820-0100, by striking out the figure "$5,968,515" and inserting in place thereof "$6,043,515"

 

ENV  92

STATE POLICE MARINE UNIT

Ms. Jehlen moved that the bill amended, in Section 2, in item in item 8100-0007, by adding at the end thereof, the following:

 

“provided, that the amount of not less than $60,000 shall be expended for patrols for the State Police Marine Unit for the Mystic Lakes”, and by striking out the figure $13,010,782” and inserting in place thereof the figure “$13,070,782”.

 

ENV  93

WITHDRAWN

 

ENV  94

ENV - RESOR - LICENSED SITE PROFESSIONALS REGISTRATION BOARD

Ms. Resor and Mr. Timilty moved that the bill amended, in Section 2, in item 2260-8881 by striking out the figure “$356,933” and inserting in place thereof the figure:- “$370,101”.

 

ENV  95

REGIONAL RECREATIONAL DEVELOPMENT

Mr. Joyce moved that the bill amended, in Section 2, in item 2800-0100, by inserting after the word “Reservation”: “; provided further, that $500,000 shall be expended for study and design services for purposes of recreational development and use of land within and adjacent to the Blue Hills Reservation in the town of Canton.”

 

ENV  96

HAMILTON RESERVOIR

Mr. Brewer moved that the bill be amended, in Section 2, in item 2000-0100, by inserting at the end the following:- provided further, that $50,000 shall be expended for the town of Holland to address invasive weeds and sediment at Hamilton Reservoir”

 

ENV  97

MWRA TRUST OVERHEAD CHARGE

Mr. Brewer and Ms. Resor moved that the bill amended by inserting, after Section 104, the following new Section:-

“SECTION __. Notwithstanding any general or special law or regulation to the contrary, the state comptroller shall grant a permanent waiver or exemption from any and all applicable charges or assessments made against the Water Supply Protection Trust by the Office of the Comptroller pursuant to its authority under sections 5D and 6B of chapter 29 of the General Laws. Any charges or assessments made against the Water Supply Protection Trust pursuant to the aforementioned sections shall be refunded to the Trust forthwith.”

 

 

ENV  98

WEST BRIDGEWATER RECREATIONAL FIELDS

Mr. Joyce moved that the bill amended, in Section 2, in item 2820-0100, by inserting after the word “Boston”, “; provided further, that $250,000 shall be expended for the improvement of recreational sites in the town of West Bridgewater.”

 

ENV  99

ZAPUSTAS ARENA

Mr. Joyce moved that the bill be amended, in Section 2, in item 2800-0600, by inserting after the word “Day”   “; provided further, that not less shall $100,000 shall be expended to the Town of Randolph for capital improvements to the Joseph J Zapustas Arena.”

 

ENV  100

MEANEY PLAYGROUND

Mr. Hart moved that the bill be amended, in Section 2, in item 2820-0100  by inserting, after the words  “DCR Lynn Shore drive facility”    the following:- “provided further, that $100,000 shall be expended for improvements to the William A. Meaney Playground in Dorchester;”

 

ENV  101

MORRISSEY BOULEVARD

Mr. Hart moved that the bill be amended, in Section 2, in item 2810-0100 after thow words “Schooner Ernestina commission” the following: -“provided further, that no

less than $500,000 shall be expended for a public safety grant on Morrissey Boulevard in Dorchester;”

 

ENV  102

PORT NORFOLK/SCHAEFFER PAPER SITE

Mr. Hart moved that the bill be amended, in Section 2, in item 2820-0100 by inserting, after the words “DCR Lynn Shore drive facility”   the following:- “provided further, that no less than $600,000 shall be expended for a study of the Schaffer paper site in Dorchester;”

 

ENV  103

RICHARDSON PARK

Mr. Hart moved that the bill be amended, in Section 2, in item item  2820-0100 by inserting, after the words  “ DCR Lynn Shore drive facility”  the following:- “provided further, that no less than $250,000 shall be expended for the restoration of Richardson Park in Dorchester;”

 

REDRAFT
ENV
104

ARTICLE 97

Mr. Hart moved that the bill be amended by inserting, after Section ________, the following new Section: -
"SECTION _____.  Section 1Notwithstanding the provisions of sections forty E through forty N, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary, and pursuant to the provisions of Article 97 of the Amendments to the Constitution of The Commonwealth of Massachusetts, the City of Boston, through its Parks and Recreation Commission, is hereby authorized to transfer easement interests in such land to the Massachusetts Water Resources Authority, the Boston Water and Sewer Commission and the Commonwealth of Massachusetts Department of Conservation and Recreation, in accordance herewith.

Section 2. Notwithstanding the provisions of sections forty E through forty N, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary and pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, the City of Boston is hereby authorized to grant, for nominal consideration of $1.00, a permanent sewer easement in, through, and under a certain parcel of land known as Moakley Park, located in the South Boston section of the City of Boston and acquired by the City of Boston for park purposes, to the Massachusetts Water Resources Authority, such easement being more particularly described as Parcel "MWRA PE-9" in the document entitled "Grant of Permanent Easement for Sewer Purposes between the City of Boston and the Massachusetts Water Resources Authority" on file with the Massachusetts Water Resources Authority and to be recorded with the Suffolk County Registry of Deeds, for the purposes of the development, construction, installation, operation and maintenance of sewers, together with any necessary structures, facilities and appurtenances as may be needed in connection with the so-called Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel.

Section 3. Notwithstanding the provisions of sections forty E through forty N, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary and pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, the City of Boston is hereby authorized to grant, for nominal consideration of $1.00, two permanent drainage easements in, through, and under a certain parcel of land known as Moakley Park, located in the South Boston section of the City of Boston and acquired by the City of Boston for park purposes, to the Boston Water and Sewer Commission, such easements being more particularly described as Parcels "BWSC-PE-10" and "BWSC-PE-11" in the document entitled "Grant of Permanent Easements for Sewer Purposes between the City of Boston Parks and Recreation Commission and the Boston Water and Sewer Commission" on file with the Massachusetts Water Resources Authority and to be recorded with the Suffolk County Registry of Deeds, for the purposes of the development, construction, installation, operation and maintenance of storm drains, together with any necessary structures, facilities and appurtenances as may be needed in connection with the so-called Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel.

Section 4. Notwithstanding the provisions of sections forty E through forty N, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary and pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, the City of Boston is hereby authorized to grant, for nominal consideration of $1.00, two permanent sewer easement in, through, and under a certain parcel of land known as Moakley Park, located in the South Boston section of the City of Boston and acquired by the City of Boston for park purposes, to the Commonwealth of Massachusetts through its Department of Conservation and Recreation, such easements being more particularly described as Parcels "DCR-PE-8" and "DCRPE-12" in the document entitled "Grant of Permanent Easements for Sewer Purposes between the City of Boston and the Commonwealth of Massachusetts Division of Conservation and Recreation" on file with the Massachusetts Water Resources Authority and to be recorded with the Suffolk County Registry of Deeds, for the purposes of the development, construction, installation, operation and maintenance of storm drains, together with any necessary structures, facilities and appurtenances as may be needed in connection with the so-called Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel.

Section 5. The Massachusetts Water Resources Authority shall be responsible for all costs associated with any recording, survey, document preparation, plan preparation, or other expenses incurred by the City of Boston, the Boston Water and Sewer Commission or the Commonwealth relating to the grants authorized by this Act.

Section 6.  Notwithstanding the provisions of sections forty E through forty N, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary and pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, the Commissioner of Capital Asset Management and Operations acting for and on behalf of the commonwealth is hereby authorized and directed to grant, for nominal consideration of $1.00, two (2) permanent volumetric subsurface sewer easements in, through, and under certain parcels of land located in the South Boston section of the City of Boston, which parcels were acquired by the commonwealth through its Department of Conservation and Recreation as part of the system of metropolitan parks placed under its control for park purposes, to the Massachusetts Water Resources Authority, for the purposes of the development, construction, installation, operation and maintenance of sewers, together with any necessary structures, facilities and appurtenances, including a combined sewer overflow storage tunnel,  as may be needed in connection with the so-called Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel. Access shall not be made to the permanent subsurface easements from the surface level, except in cases of  emergency as may be  necessary for temporary repair and restoration to service of said sewers, structures, facilities and appurtenances in order to preserve the health and safety of persons or property. Said easements are shown as parcels MWRA-PVE-4 and MWRA-PVE-6 on a plan entitled "Article 97 Easement Plan North Dorchester Bay CSO Storage Tunnel" prepared for the Massachusetts Water Resources Authority, prepared by Bryant Associates, Inc., dated August 8, 2005 and having an area of about 114,485 square feet, 2.6282 acres and 495,496 square feet, 11.3750 acres, respectively. Said parcels are limited vertically from elevation = 50.0 feet to elevation = 110.0 feet, as shown on said plan.  The vertical datum is Massachusetts Water Resources Authority.

Section 7.  Notwithstanding the provisions of sections forty E through forty N, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary and pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, the Commissioner of Capital Asset Management and Operations acting for and on behalf of the commonwealth is hereby authorized and directed to grant, for nominal consideration of $1.00, seven (7) permanent sewer easements in, through, and under certain parcels of land located in the South Boston section of the City of Boston, which parcels were acquired by the commonwealth through its Department of Conservation and Recreation as part of the system of metropolitan parks placed under the control for park purposes, to the Massachusetts Water Resources Authority, for the purposes of the development, construction, installation, operation and maintenance of sewers, together with any necessary structures, facilities and appurtenances as may be needed in connection with the so-called Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel.  Said easements are shown as parcels MWRA-PE-16, MWRA-PE-17, MWRA-PE-18, MWRA-PE-19, MWRA-PE-20, MWRA-PE-21, and MWRA-PE-22 on a plan entitled "Article 97 Easement Plan North Dorchester Bay CSO Storage Tunnel" prepared for the Massachusetts Water Resources Authority, prepared by Bryant Associates, Inc., dated August 8, 2005 and having an area of about 4,154 square feet, 12,249 square feet, 4,525 square feet, 12,917 square feet, 706 square feet, 2,569 square feet, and 18,368 square feet, respectively.

Section 8.  Notwithstanding the provisions of sections forty E through forty N, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary and pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, the Commissioner of Capital Asset Management and Operations acting for and on behalf of the commonwealth is hereby authorized and directed to grant, for nominal consideration of $1.00, a permanent sewer easement in, through, and under a certain parcel of land located in the South Boston section of the City of Boston, which parcels were acquired by the commonwealth through its Department of Conservation and Recreation as part of the system of metropolitan parks placed under the control for park purposes, to the Boston Water and Sewer Commission, for the purposes of the development, construction, installation, operation and maintenance of storm drains, together with any necessary structures, facilities and appurtenances, as may be needed in connection with the so-called Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel, said easement being shown as parcel BWSC-PE-14 on a plan entitled "Article 97 Easement Plan North Dorchester Bay CSO Storage Tunnel" prepared for the Massachusetts Water Resources Authority, prepared by Bryant Associates, Inc., dated August 8, 2005 and having an area of about 591 square feet, 0.0136 acres.

Section 9.  The Massachusetts Water Resources Authority shall be responsible for all costs associated with any recording, survey, document preparation, plan preparation, or other expenses incurred by the City of Boston, the Boston Water and Sewer Commission or the Commonwealth relating to the grants authorized by this Act."

 

 

ENV  105

JFK LIBRARY

Mr. Hart moved that the bill be amended by inserting, after Section ________, the following new Section: -

 “SECTION _____.   Section1.  Notwithstanding sections 40F and 40F 1/2 of Chapter 7 of the General Laws or any other general or special law or rule or regulation to the contrary, the board of trustees of the University of Massachusetts, or any officer designated by the board, for itself and of behalf of the Commonwealth of Massachusetts, may convey to the United States of America acting by and through the National Archives and Records Administration, with conditions, a certain parcel of vacant land in the City of Boston

A certain parcel of land situated in the City of Boston, County of Suffolk, Commonwealth of Massachusetts, as shown as Parcel B-3 on a plan entitled, “Plan of Land, Boston, Massachusetts, Prepared for: The Commonwealth of Massachusetts”, prepared by Judith Nitsch Engineering, Inc., dated April 20, 2006, and being more particularly described as follows:

Beginning at a point at the most northeasterly portion of said herein described parcel at land of the United States of America, thence running S21°-27’-34”W, by land of the United States of America, a distance of 394.31 feet to a point;

Thence N50°-07’-44”W, by Parcel B-2 as shown on said plan, a distance of 246.60 feet to a point at remaining lands of the Commonwealth of Massachusetts;

Thence N39°-51’-39”E, by said remaining lands, a distance of 333.47 feet to a point;

Thence S68°-32’-24”E, a distance of 128.71 feet to the point of beginning;

Containing 66,495 square feet of land, more or less, and being subject to easements and restrictions of record, so long as the same do not materially interfere with the use of said land by the United States of America acting by and through the National Records and Archives Administration. 

For grantor's Title see Deed recorded in Book 8343 Page 694 at the Suffolk County Registry of Deeds.

Section 2.  The consideration for the conveyance authorized by this act shall be the full and fair market value of the property based upon an independent professional appraisal. The inspector general shall review the appraisal. The inspector general shall prepare a report of his review of the methodology used for the appraisal and file the report with the house and senate committees on ways and means and the chairmen of the joint committee on state administration in accordance with this act. The university shall, 30 days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. Nothing in this act shall prevent a submission of an appraisal conducted in the 2 years before the effective date of this act from being submitted to the inspector general for his review and comment.

The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. The university shall submit the agreement and any subsequent amendments thereof, the reports, and the comments of the inspector general, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least 15 days before execution.

Section 3.  The proceeds of the conveyance shall be deposited in a trust fund established by the board of trustees of the University of Massachusetts and may be used for endowment purposes and managed as such. The proceeds shall be used to benefit university programs of study, including but not limited to the establishment of academic chairs and research programs. 

Section 4.   The United States of America acting by and through the National Archives and Records Administration shall pay for all costs of the appraisal, survey and deed preparation for the conveyance of the property authorized by this act.  

Section 5.  The property described in section 1 shall be utilized by the United States of America acting by and through the National Archives and Records Administration in connection with an addition to the John F. Kennedy Library.”

 

 

ENV  106

BERKSHIRE CONSERVATION AGENT

Mr. Nuciforo moved that the bill amended, in Section 2, in item 2200-0100, by inserting after the words “chapter 21A of the General Laws”, the following words:-

“provided further that not less than $50,000 be available for a conservation agent in Berkshire County

 

ENV  107

METHUEN BOAT RAMP

Mr. Baddour moved that the bill be amended, in Section 2, in item 2800-0100 by inserting after the words “Blue Hills Reservation;” the following:-“provided further, that $250,000 be expended to enhance the park land and construct the boat ramp at the land on Route 110 Methuen known as the “Beas” site”

 

ENV  108

VIETNAM VETERANS SKATING RINK

Mr. Nuciforo moved that the bill amended by inserting after SECTION 104, the following new section:-

SECTION 105.  Item 2100-2012 of chapter 236 of the acts of 2002 is hereby amended by striking out, in line 29, the words "that $1,200,000 shall be expended for capital repairs and improvements to the Vietnam Veterans Skating Rink in the town of North Adams" and inserting in place thereof the following words: "the department of conservation and recreation is hereby authorized to grant to a lessee procured in accordance with the authorization of section 30 of chapter 88 of the acts of 2001 up to $900,000 as a reimbursement grant on a $2 to $1 ration for every dollar invested by said lessee in improvements and replacements to the Vietnam Veterans Skating Rink in the town of North Adams."

                       

 

ENV  109

CHARLES RIVER SKATEPARK

Mr. Tolman and Mr. Barrios moved that the bill be amended, in Section 2, in item

2820-0100, by adding at the end thereof the following:

“provided further, that not less than $150,000 shall be expended for costs associated with the design and construction of the Charles River Skatepark in the City of Cambridge.”

 

ENV  110

SALISBURY FLOOD INSURANCE RATE MAPS

Mr. Baddour moved that the bill be amended by inserting after Section ___, the following new Section: -

“SECTION ___.  Said section 2 of said chapter 45 of the Acts of 2005, as so appearing, is hereby further amended in line item 2000-0100, by deleting the words “for Salisbury Beach” after “new flood insurance rate maps” and inserting in place thereof the words, “as a grant to the Town of Salisbury.”

 

ENV  111

FISHING AND BOATING IMPROVEMENTS AT PEQUOT POND IN WESTFIELD

Mr. Knapik moved that the bill amended, in Section 2, in item 2820-0100 by inserting after the words “Fellsmere Pond;” the following:- “provided further, that not less than $52,000 shall be expended for shorefishermen, boat ramp, and parking improvements at Pequot Pond in Westfield.”

 

ENV  112

MEDWAY ENVIRONMENTAL PROTECTION GRANT

Ms. Spilka moved that the bill be amended, in Section 2, in item 2800-0101, by inserting at the end thereof the following language:-

“provided further, that $100,000 shall be expended to Medway for an environmental protection grant.”

 

ENV  113

WITHDRAWN

 

ENV  114

RELATIVE TO THE COMMONWEALTH ZOOLOGICAL CORPORATION

Mr. Tisei moved that the bill be amended, in Section 2, in item 2800-0200, by striking out the figure “$6,050,000” and inserting in place thereof the following figure:- “$7,500,000”.

 

ENV  115

RELATIVE TO THE SALE OF CERTAIN DCR PROPERTY

Mr. Tisei moved that the bill be amended, in Section 2, in item 2800-0100, by inserting after the words “ongoing renovations;” the following:- “provided further, that notwithstanding any general or special law to the contrary, the proceeds of any sale of the building owned by the department of conservation and recreation and located at 20 Somerset Street in the city of Boston shall be distributed in equal allotments to the cities and towns that constitute the metropolitan parks district, as defined in section 33 of chapter 92 of the General Laws;”

 

ENV  116

STORMWATER BACTERIA REMOVAL PILOT

Mr. Tolman moved that the bill be amended, in Section 2, by inserting after item 2800-0401 the following item:

“2800-0402 Provided further that a pilot project or projects shall be undertaken by the department at sites chosen by the department, utilizing new technologies that offer street level, midstream (underground) or end of pipe solutions, already tried and demonstrated to be effective in other states and is recognized as a best management practice by the federal environment protection agency, to eliminate or significantly diminish or remove debris, both hydrocarbons and bacteria from storm water flowing into rivers, beaches or wetlands, that add no chemicals to such outflow, is non-leaching, is absorbent, non-mechanical, with minimal construction required and can be easily maintained and disposed of; the department if it wishes may work with cities and towns on this pilot project……………………………………………………………………………$200,000”

 

ENV  117

MASS GIS

Messrs. Brewer, Timilty, Creedon and Ms. Resor moved that the bill amended, in Section 2, in item 2000-9900, by striking out the figures “289,422” and inserting in place thereof the figures “455,677”

 

ENV  118

PYNCHON POINT

Mr. Buoniconti moved that the bill be amended, in Section 2, in item 2000-0100 by inserting the following:-

“and provided further, that not less than $75,000 be expended for the design of a handicap accessible public access trail at Pynchon Point in the city known as the Town of Agawam;”

 

ENV  119

WITHDRAWN

ENV  120

RIVERWAYS PROGRAM

Messrs. Brewer, Knapik, Moore, Tarr, Timilty, Nuciforo, Creedon and Ms. Resor moved that the bill amended, in Section 2, in item 2300-0101, by striking out the figure “$523,547” and inserting in place thereof the following figure:- “$570,000”.

 

  REDRAFT

ENV  121

NATURAL HERITAGE & ENDANGERED SPECIES PROGRAM

Messrs. Brewer, Tarr, Nuciforo, Creedon and Ms. Resor and Ms. Creem moved that the bill be amended, in Section 2, by inserting after item 2310-0306 the following item:-
"2310-0310 For the operation of the natural heritage and endangered species program ……………………………….$300,000"

 

 

ENV  122

WILDLIFE MANAGEMENT

Messrs. Brewer, Tarr, Creedon and Ms. Resor moved that the bill be amended, in Section 2, by inserting after item 2310-0200 the following new item:-

“2310-0300 For the implementation of the Comprehensive Wildlife Conservation Strategy ….………………………………$800,000.”

 

ENV  123

HAZARDOUS WASTE SITE CLEANUP

Mr. Creedon, Ms. Chandler and Mr. Timilty moved that the bill amended, in Section 2, in item 2260-8870 by striking the figure “$15,620 275” and inserting in place thereof the following figure:- $18,466,883

 

ENV  124

MANNING POOL IN BROCKTON

Mr. Creedon moved that the bill amended, in Section 2, in item 2800-0100 by adding the following :-

; provided further that $1,200,000 be expended for repairs to the Manning pool in the City of Brockton

Mr. Creedon further moves to amend the item by deleting the figure “$5,968,515” and inserting in place thereof the following figure:- $7,168,515

 

ENV  125

REILLY MEMORIAL RINK

Mr. Tolman moved that the bill be amended in Section 93 by striking out the following:-

“Reilly memorial rink, Brighton district, Boston;” 

 

ENV  126

STRIKING OUTSIDE SECTION 93

Mr. Tolman and Mr. Pacheco moved that the bill be amended by striking out Section 93.

 

ENV  127

WITHDRAWN

 

ENV  128

STRIKING OUTSIDE SECTION 96

Mr. Tolman and Mr. Pacheco moved that the bill be amended by striking out Section 96.

 

REDRAFT
ENV
  129

ELECTRONIC LICENSING SYSTEM

Ms. Resor, Ms. Fargo and Mr. Hedlund moved that the bill be amended, in Section 2, in item 2511-0100 by inserting at the end thereof the following:-
“; provided,  further that $150,000 shall be expended for an electronic pesticide license and product registration system for the licensing and registration required under Chapter 132B, provided further, that said system shall be integrated with the existing SPORT electronic licensing system operated by the Department of Fish and Game”.

And by striking out the figure “4,332,692” and inserting in place thereof the following:- “4,482,692”.

 

 

ENV  130

WITHDRAWN

 

ENV  131

WATERTOWN BIKE PATH MAINTENANCE

Mr. Tolman moved that the bill be amended, in Section 2, in item 2820-2000, by adding at the end thereof the following:-

“That no less than $100,000 be expended for maintenance and snow removal of the Watertown Bike Path”.

 

ENV  132

AQUATIC NUISANCE CONTROL

Mr. McGee moved that the bill amended, in Section 2, in item 2800-0100, by adding the following wording: ; and provided further that $40,000 shall be expended for aquatic nuisance control in Sluice Pond and Flax Pond in the city of Lynn.

 

ENV  133

MELROSE LIGHTS FOR RECREATION FIELD

Messrs. McGee and Tisei moved that the bill amended, in Section 2, in item 2820-0100, by adding the following: “provided further, that $150,000 be expended for the replacement of lights surrounding the recreational fields adjacent to the Lynn Fells Parkway in the City of Melrose“.

 

 

ENV  134

STATE REVOLVING LOAN FUND

Mr. O'Leary moved that the bill be amended by inserting, after Section __, the following new Section:-

“SECTION__. Section 6 of chapter 29C of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the words “2 per cent”, in line 34, the following words:-

“ , provided that all permanent loans and other forms of financial assistance made by the trust to finance the costs of water pollution abatement projects on the department’s intended use plan for calendar year 2007 and any subsequent calendar year that are undertaken by municipalities with a commonwealth capital score, as determined by the commonwealth development coordinating council established by section 8B of chapter 6A. of not less than 70 at the date of publication of such intended use plan (and which are determined by such council to be consistent with the commonwealth’s sustainable development policies) or for projects that address a regional wastewater issue, shall provide for a subsidy or other assistance in the payment of debt service such that such loans and other forms of financial assistance shall be the financial equivalent of a loan made at a zero rate of interest, and provided further that the costs of water pollution abatement projects on any such intended use plan that are eligible for a permanent loan or other financial assistance from the trust at the financial equivalent of a loan made at a zero rate of interest shall not exceed 20% of the total costs of all water pollution abatement projects on such intended use plan.”

 

SECTION __Section 18 of said chapter 29C, as so appearing, is hereby amended by inserting after the words “2 per cent”, in line 31, the following words:-

“, provided that all permanent loans and other forms of financial assistance made by the trust to finance the costs of water pollution abatement projects on the department’s intended use plan for calendar year 2007 and any subsequent calendar year that are undertaken by municipalities with a commonwealth capital score, as determined by the commonwealth development coordinating council established by section 8B of chapter 6A. of not less than 70 at the date of publication of such intended use plan (and which are determined by such council to be consistent with the commonwealth’s sustainable development policies) or for projects that address a regional wastewater issue, shall provide for a subsidy or other assistance in the payment of debt service such that such loans and other forms of financial assistance shall be the financial equivalent of a loan made at a zero rate of interest, and provided further that the costs of water pollution abatement projects on any such intended use plan that are eligible for a permanent loan or other financial assistance from the trust at the financial equivalent of a loan made at a zero rate of interest shall not exceed 20% of the total costs of all drinking water projects on such intended use plan.” .”

 

ENV  135

MARTHA'S VINEYARD COMMISSION

Mr. O'Leary moved that the bill be amended, in Section 2, in item 2800-0100, by inserting after “at least 30 days before closing any facility owned or operated by the department”, the following:-

“provided further, that not less than $60,000 shall be expended for the Martha’s Vineyard Commission”.

 

ENV  136

WITHDRAWN

 

ENV  137

FREEZER POINT

Mr. O'Leary moved that the bill be amended, in Section 2, in item 2000-0100 by inserting after the words “meet at least until the final written action plan is completed” the following:-

“; provided further, that $300,000 shall be expended to the town of Barnstable to secure a parcel of land referred to as Freezer Point in Barnstable harbor”.

 

REDRAFT
ENV
  138

FIRE SAFETY

Mr. Joyce moved that the bill be amended, in Section 2, in item 2810-2000, by inserting after the word “employees” “; provided further, that $1,436,000 shall be extended to the Towns of Braintree, Canton, Milton, and Randolph for emergency municipal funding, including but not limited to fire and police protection, fire prevention and fire fighting in the Blue Hills reservation.  Said funding shall be distributed in accordance with total Blue Hills reservation land mass in said towns.”

Mr. Joyce further moves to amend the bill, in section 2, in item 2810-2000, by striking out the figure “$5,567,735” and inserting in place thereof “$7,003,735”


 

REDRAFT

ENV   139

MELNEA CASS & KELLY RINK

Ms. Wilkerson moved that the bill amended by inserting after Section 104 , the following new Section:-
"SECTION____. Item 2440-2016 of said chapter 236 of the Acts of 2002 is hereby amended by striking out the following: -

 "that not less than $3,000,000 shall be expended for a matching grant for the renovation of Cass skating rink in the city of Boston; provided further, that said match shall be $2 of private funds for every $1 of state funds;

and inserting in place thereof the following:-
 "provided further, that not less than $2,829,500 shall be expended for one time funding for renovation, repairs, including roofing, maintenance and safety improvements, to the Melnea Cass rink and pool in the Roxbury section of the city of Boston; provided further, that not less than $2,200,000 shall be expended for one time funding to construct a permanent facility, including roofing, maintenance and safety improvements, to the Kelly Rink in the Roxbury/Jamaica Plain section of the city of Boston; provided further that not less than $1,500,000 shall be expended for a matching grant for the construction of Kelly skating rink in the Roxbury/Jamaica Plain section of the city of Boston; provided further, that said match shall be $1 of private funds for every $1 of state funds"

and by striking the following figure "$46,370,000" and inserting in place thereof the following figure "$49,899,500"

 

 

  REDRAFT

ENV  140

SOUTHWEST CORRIDOR PARK HORTICULTURIST

Ms. Wilkerson moved that the bill amended, in Section 2, in item 2820-0100 by inserting after the words "infrastructure repair" the following: - "and horticulturalist personnel"

 

 

ENV  141

WITHDRAWN

 

REDRAFT
ENV
  142

ROSE FITZGERALD KENNEDY GREENWAY

Ms. Wilkerson moved that the bill amended by inserting, after Section 107, the following new Section: -
“SECTION____. Notwithstanding any general or special law to the contrary, the Rose Fitzgerald Kennedy Greenway Conservancy, created by that certain memorandum of agreement by and among the commonwealth of massachusetts, the massachusetts turnpike authority, and the city of boston dated July 12, 2004, shall have the right and power, in consultation with the mayor of the city of boston, to review and approve all proposals or initiatives related to any addition, alteration or improvement of  the open space and park parcels of the said Greenway, including any additional features, memorials or structures of any kind located within the said Greenway, proposed for construction or implementation after the Greenway open space and park parcels are first opened to the general public.”

And by inserting after section 100 the following section:-

 

“SECTION 100A.  Notwithstanding chapter 81A of the General Laws or any other general or special to the contrary, the term of the member of the Massachusetts Turnpike Authority that expires in July 2006 shall be extended until January 15, 2007.”

 

ENV  143

MEDWAY PARKS AND FIELDS RECONSTRUCTION

Ms. Spilka moved that the bill be amended, in Section 2, in item 2820-0100, by inserting after the words “Lynn Shore drive facility;” the following language:-

“provided further, that not less than $200,000 shall be expended to reconstruct the parks and fields in the Town of Medway;”

 

  REDRAFT

ENV  144

INCREASE TO TERMS AMENDMENT

Ms. Wilkerson moved that the bill amended in Section 59 by striking out the figure "$758,372,514" and inserting thereof the figure: - "$761,902,014"

 

 

ENV  145

ASHLAND STONE PARK RENOVATION

Ms. Spilka moved that the bill be amended, in Section 2, in item 2820-0100, by inserting after the words “Lynn Shore drive facility;” the following language:-

“provided further, that not less than $90,000 shall be expended for renovation of Stone Park in the Town of Ashland;”

 

ENV  146

TERCENTENNIAL PARK IMPROVEMENTS

Ms. Spilka moved that the bill be amended, in Section 2, in item 2820-0100, by inserting after the words “Lynn Shore drive facility;” the following language:-

“provided further, that not less than $30,000 shall be expended for improvements at Tercentennial Park in the Town of Framingham;”

 

ENV  147

WITHDRAWN

REDRAFT
ENV
  148

LAND CONSERVATION INCENTIVES

Messrs. Brewer, Moore, Creedon, O’Leary, Nuciforo, Joyce, Ms. Resor, Mr. Tucker, and Ms. Fargo moved that the bill amended by inserting, after Section 104, the following new section:-
“SECTION _. Section 6 of chapter 62 of the General Laws is hereby amended by adding the following subsection:-
(m)(1) As used in this subsection the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Bargain sale,” the sale of an interest in real property by a taxpayer at a cost below appraised market value, when a portion of the value of the interest in real property is a qualified donation, as such terms are defined herein, and which meets the requirements of Section 1011(b) of the Internal Revenue Code of 1986, as amended.
"Certified land" or "certified lands," an interest in real property, as defined herein, the donation or bargain sale of which, as defined herein, has first been determined by the secretary of environmental affairs to be in the public interest for natural resource protection, including, but not limited to, drinking water supplies, wildlife habitat and biological diversity, agricultural and forestry production, recreational opportunities, archaeological and historical resources, or scenic and cultural values.  The secretary of environmental affairs shall ensure that all certified lands are protected in perpetuity. 
"Interest in real property," any right in real property in the Commonwealth of Massachusetts, with or without improvements thereon, or water, including, but not limited to, fee simple, life estate, restriction, easement, covenant, condition, partial interest, remainder, future interest, lease, license, mineral right, riparian right, or other interest or right in real property that may be conveyed concerning the power to transfer property.
"Public or private conservation agency," the commonwealth of Massachusetts, or any municipality, or private nonprofit corporation organized for the purposes of land conservation, which is authorized to do business in the commonwealth of Massachusetts, and which has tax-exempt status as a nonprofit charitable organization as described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended.
“Qualified donation,” a donation, or the donated portion of a bargain sale, made in perpetuity of a fee interest in real property or a less-than-fee interest in real property, including a conservation restriction, agricultural preservation restriction or watershed preservation restriction, pursuant to chapter 184 of the general laws, provided that such less-than-fee interest meets the requirements of Qualified Conservation Contributions under the Internal Revenue Code of 1986, Section 170(h).
“Taxpayer,” a taxpayer subject to the income tax under this chapter.
(2) A taxpayer making a qualified donation of certified land to a public or private conservation agency shall be allowed a credit against the taxes imposed by this chapter. The credit shall be equal to 50 percent of the fair market value of the qualified donation. . The amount of the credit that may be claimed by a taxpayer for each qualified donation shall not exceed fifty thousand dollars. 
(3) The fair market value of certified land shall be substantiated by a Qualified Appraisal, as defined in United States Treasury Regulation Section 1.170A-13(c)(3), and shall be prepared by a Qualified Appraiser, as defined in United States Treasury Regulation Section 1.170A-13(c)(5).  For any taxpayer to qualify for the credit provided for in this section, the taxpayer shall, at the same time as the taxpayer files a return for the taxable year in which the credit is claimed, file with the department a summary of a Qualified Appraisal, or if requested by the department, the taxpayer shall submit the appraisal itself.
(4) In any one tax year the credit used may not exceed the amount of tax liability otherwise owed by the taxpayer.  The tax credit shall be taken against the taxes imposed under this chapter and shall not be refundable. Any amount of the credit that exceeds the tax due for a taxable year may be carried forward by the taxpayer to any of the 10 subsequent taxable years.
(5)(i) The secretary of the executive office of environmental affairs shall promulgate regulations that define land eligible for certification under this section and under section 38U of chapter 63.  Regulations shall be promulgated within 180 days of passage of this section.
(ii) The secretary of the executive office of environmental affairs, within five years of passage of this section, shall prepare a report to the joint committee on revenue and the joint committee on environment, natural resources and agriculture, describing the certified lands conserved as a result of this section and section 38U of chapter 63.
(iii) The commissioner, in consultation with the secretary of the executive office of environmental affairs, shall promulgate regulations to administer this section and section 38U of chapter 63.  Such regulations shall include provisions to prevent the generation of multiple credits with respect to the same property.  Regulations shall be promulgated within 180 days of passage of this section.
(iv) The commissioner, within five years of passage of this section, shall prepare a report to the joint committee on revenue and the joint committee on environment, natural resources and agriculture, calculating the annual tax savings to individuals and corporations under this section and under section 38U of chapter 63.
(v) There shall be a commission to study the transferability of tax credits under this section and under section 38U of chapter 63.  The commission shall be composed of 9 persons, including the commissioner of the department of agricultural resources, or his designee, who shall serve as chairman; the commissioner of the department of revenue, or his designee; two members of the house of representatives, to be appointed by the speaker of the house of representatives; two members of the senate, to be appointed by the senate president; a representative of the American Farmland Trust; a representative of the Massachusetts Audubon Society; and a representative of the Massachusetts Chapter of The Nature Conservancy.  The commission shall examine all aspects of transferability, including but not limited to: the status of its application in other states, potential fiscal impacts, and potential conservation benefits.  The commission shall file a report of its findings and recommendations, including any legislative recommendations, with the joint committee on revenue and joint committee on environment, natural resources and agriculture on or before January 1, 2007.
(6)(i) All or any tax credits issued in accordance with this section shall apply to transfers of interests in real property in taxable years beginning on or after January 1, 2007 and consecutive taxable years thereafter.
(ii) All or any tax credits issued in accordance with this section may be in addition to any charitable deductions claimed on the taxpayer’s federal income tax return for the same qualified donations of certified lands.
(iii) Any taxpayer claiming a tax credit under this section may not claim an additional state income tax credit or deduction during any one tax year for the donation of the same interest in certified lands.
(iv) All or any tax credits issued in accordance with this section that result from the qualified donation of certified land by a pass-through tax entity such as a trust, estate, partnership  limited partnership, limited liability partnership, limited liability company, subchapter S corporation, or other fiduciary, shall be used either by such entity in the event it is the taxpayer on behalf of such entity or by the member, partner, shareholder, or beneficiary, as the case may be, in proportion to their interest in such entity in the event that income, deductions, and tax liability passes through such entity to such member, partner, shareholder, or beneficiary.  Such tax credits may not be claimed by both the entity and the member, partner, shareholder, or beneficiary, for the same conveyance.
(v) All or any tax credits issued in accordance with this section that result from the qualified donations of certified land by a married couple shall be used only if the spouses file a joint return, if both spouses are required to file Massachusetts income tax returns.  If only one spouse is required to file a Massachusetts income tax return, that spouse may claim the credit allowed under this section on a separate return.

Chapter 63 of the General Laws is hereby amended by adding the following section:-
Section 38U.  (1) As used in this subsection the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Bargain sale,” the sale of an interest in real property by a taxpayer at a cost below appraised market value, when a portion of the value of the interest in real property is a qualified donation, as such terms are defined herein, and which meets the requirements of Section 1011(b) of the Internal Revenue Code of 1986, as amended.
"Certified land" or "certified lands," an interest in real property, as defined herein, the donation or bargain sale of which, as defined herein, has first been determined by the secretary of environmental affairs to be in the public interest for natural resource protection, including, but not limited to, drinking water supplies, wildlife habitat and biological diversity, agricultural and forestry production, recreational opportunities, archaeological and historical resources, or scenic and cultural values.  The secretary of environmental affairs shall ensure that all certified lands are protected in perpetuity. 
"Interest in real property," any right in real property in the Commonwealth of Massachusetts, with or without improvements thereon, or water, including, but not limited to, fee simple, life estate, restriction, easement, covenant, condition, partial interest, remainder, future interest, lease, license, mineral right, riparian right, or other interest or right in real property that may be conveyed concerning the power to transfer property.
"Public or private conservation agency," the commonwealth of Massachusetts, or any municipality, or private nonprofit corporation organized for the purposes of land conservation, which is authorized to do business in the commonwealth of Massachusetts, and which has tax-exempt status as a nonprofit charitable organization as described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended.
“Qualified donation,” a donation, or the donated portion of a bargain sale, made in perpetuity of a fee interest in real property or a less-than-fee interest in real property, including a conservation restriction, agricultural preservation restriction or watershed preservation restriction, pursuant to chapter 184 of the general laws, provided that such less-than-fee interest meets the requirements of Qualified Conservation Contributions under the Internal Revenue Code of 1986, Section 170(h).
“Taxpayer,” a taxpayer subject to the income tax under this chapter.
(2) A taxpayer making a qualified donation of certified land to a public or private conservation agency shall be allowed a credit against the taxes imposed by this chapter. The credit shall be equal to 50 percent of the fair market value of the qualified donation.  The amount of the credit that may be claimed by a taxpayer for each qualified donation shall not exceed fifty thousand dollars. 
(3) The fair market value of certified land shall be substantiated by a Qualified Appraisal, as defined in United States Treasury Regulation Section 1.170A-13(c)(3), and shall be prepared by a Qualified Appraiser, as defined in United States Treasury Regulation Section 1.170A-13(c)(5).  For any taxpayer to qualify for the credit provided for in this section, the taxpayer shall, at the same time as the taxpayer files a return for the taxable year in which the credit is claimed, file with the department a summary of a Qualified Appraisal, or if requested by the department, the taxpayer shall submit the appraisal itself.
(4) In any one tax year the credit used may not exceed the amount of tax liability otherwise owed by the taxpayer.  The tax credit shall be taken against the taxes imposed under this chapter and shall not be refundable. Any amount of the credit that exceeds the tax due for a taxable year may be carried forward by the taxpayer to any of the 10 subsequent taxable years.
(5)(i) All or any tax credits issued in accordance with this section shall apply to transfers of interests in real property in taxable years beginning on or after January 1, 2007 and consecutive taxable years thereafter.
(ii) All or any tax credits issued in accordance with this section may be in addition to any charitable deductions claimed on the taxpayer’s federal income tax return for the same qualified donations of certified lands.
(iii) Any taxpayer claiming a tax credit under this section may not claim an additional excise tax credit or deduction during any one tax year for the donation of the same interest in certified lands.
(iv) All or any tax credits issued in accordance with this section that result from the qualified donation of certified land by a pass-through tax entity such as a trust, estate, partnership, limited partnership, limited liability partnership, limited liability company, subchapter S corporation, or other fiduciary, shall be used either by such entity in the event it is the taxpayer on behalf of such entity or by the member, partner, shareholder, or beneficiary, as the case may be, in proportion to their interest in such entity in the event that income, deductions, and tax liability passes through such entity to such member, partner, shareholder, or beneficiary.  Such tax credits may not be claimed by both the entity and the member, partner, shareholder, or beneficiary, for the same conveyance.

 


ENV
  149

PUBLIC ACCESS BOARD

Messrs. Brewer, Morrissey, and O’Leary moved that the bill be amended by inserting after Section 55 the following section:-

“Section 55A.   Item 2300-2016 of said chapter 236 is hereby amended by striking out the figure “3,500,000” and inserting in place thereof the following figure “8,500,000”

And further amends the bill in section 60 by striking the figure “763,828,784” and inserting in place thereof the following figure:- “768,828,784”

 

ENV  150

PUBLIC ACCESS BOARD OPERATING ACCOUNT

Messrs. Brewer and O’Leary moved that the bill be amended, in Section 2, in item 2320-0100 by striking out the figure “620,123” and inserting in place thereof the following figure:- “650,866”

 

ENV  151

BEAVER BROOK FLOOD MITIGATION

Mr. Tolman moved that the bill be amended, in Section 2, by inserting after item 2800-0101 the following item:

“2800-0102 To alleviate regional flooding conditions in the Towns of Arlington, Belmont and Lexington and the City of Waltham:

(a) Notwithstanding any general or special law to the contrary, the Commissioner of the Department of Conservation and Recreation shall construct the Beaver Brook Flood Mitigation Project, including an extension of a culvert system across Beaver Brook, construction of a relief culvert and related work in the vicinity of Linden Street and Waverly Oaks Road in the City of Waltham, construction at Beaver Brook Flood Mitigation Project-Reach II in the vicinity of Mill Street and the reconstruction the Duck Pond Dam and Mill Pond Dam and related work in the City of Waltham and the Town of Belmont. The purpose of this item is to alleviate regional flooding conditions in the Towns of Arlington, Belmont and Lexington and the City of Waltham.

(b) To meet the expenditures necessary to carry out the provisions of this item, the state treasurer, upon request of the Governor, shall issue and sell bonds of the Commonwealth, in amounts specified by the Governor from time to time, not exceeding in the aggregate the sum of $8,500,000. All bonds issued by the Commonwealth, as aforesaid, shall be designated on their face, Beaver Brook Flood Control Program Loan, Act of 1999, 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, 2020. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this item, be general obligations of the Commonwealth.

(c) The State Treasurer may borrow from time to time on the credit of the Commonwealth such sums of money in an amount not to exceed $8,500,000 as may be necessary for the purpose of making payments authorized by this item and may issue and review from time to time notes of the Commonwealth therefore, bearing interest payable at such time and at such rates as shall be fixed by said Treasurer. Such notes shall be issued and may be renewed one or more times for such term, not exceeding one year, 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 maturity date of such notes, whether original or renewal, shall be not later than June 30, 2005. Notwithstanding any other provisions of this item, notes and interest thereon issued under the authority of this item shall be general obligations of the Commonwealth.”

 

ENV  152

ENVIRONMENTAL POLICE--RED TIDE CLOSURE ENFORCEMENT

Messrs. Tarr and O'Leary moved that the bill be amended, in Section 2, in item 2030-1000 by inserting after the words “item 2030-1000;” the following:-

“ provided further that not less than $18,000 shall be expended for patrols related to enforcement of shellfish bed closures caused by the presence of ‘red tide,’ so-called;”;

and further in said item, by striking the figure “$10,554,604” and inserting in place thereof the following new figure:- “$10,572,604”.

 

  REDRAFT

ENV  153

STORMWATER MANAGEMENT

Mr. Lees moved that the bill be amended, in Section 2, in item 2800-0401 by striking out the figure "$950,000" and inserting in place thereof the following figure "$1,500,000".

 

 

 

ENV  154

HINGHAM HARBOR DREDGING

Mr. Hedlund moved that the bill be amended, in Section 2, in item 2000-0100 by inserting, after the words “coastal trails system;” the following: - “provided further, that not less than $260,000 be allocated for studies, surveys and test dredging in Hingham Harbor.”

 

ENV  155

LOCAL BEACH

Mr. Lees moved that the bill be amended, in Section 2, in item 2800-0500 by inserting at the end thereof the following:-

“; provided further, that Horseneck Beach shall be renamed as “Menard/Horseneck Beach,” which shall be the official beach of the Commonwealth.” 

 

ENV  156

MOUNTAIN TRAIL

Mr. Lees moved that the bill be amended, in Section 2, in item 2810-0100 by inserting at the end thereof the following:-

“; provided further, that Mount Tom shall be officially redesignated as “Mount Mike.”

 

ENV  157

NORWELL WATER TREATMENT PLANT

Mr. Hedlund moved that the bill be amended, in Section 2, in item 2000-0100 by inserting, after the words “Coalition for Buzzards Bay;” the following : - “provided further, that not less than $450,000 shall be expended for the design and construction of a water treatment plant in the Town of Norwell;”

Mr. Hedlund further moves to amend the bill, in section 2, in item 2000-0100, by striking out the figure “6,883,150” and inserting in place thereof  “7,333,150.”

 

ENV  158

WOMPATUCK STATE PARK

Mr. Hedlund moved that the bill be amended, in Section 2, in item 2810-0100 by inserting, after the words “Schooner Ernestina commission;” the following: - “provided further that $500,000 shall be expended for the demolition of the abandoned Naval Annex Buildings located on 125 acres adjacent to Wompatuck State Park in the town of Hingham.”

 

ENV  159

LINK TRAIL SYSTEM WEYMOUTH AND HINGHAM

Mr. Hedlund moved that the bill be amended, in Section 2, in item 2820-0100 by inserting, after the words “southwest corridor park;” the following: - “provided further, that $250,000 shall be expended for the maintenance of a linked trail system for local and state parks along the Back River in the towns of Weymouth and Hingham.”

 

REDRAFT
ENV
 160

DEP WATER POLICY

Messrs. Augustus, O'Leary, Panagiotakos, Brown, Moore and Tarr, Timilty, and Tarr moved that the bill amended, in Section 2, in item  22100-0100 by adding after the words “regional water supply” the following:-
There is hereby established in the Office of Commonwealth Development a Water Management Act Blue Ribbon Panel, whose members shall be appointed by the Chief of the Office of Commonwealth Development and which shall include balanced representation from the Executive Office of Environmental Affairs, Department of Environmental Protection, Office of Commonwealth Development, Massachusetts Municipal Association, Massachusetts Water Works Association, Massachusetts Water Resources Authority, Massachusetts Audubon Society, Trout Unlimited and a local Rivershed or Watershed Association. 
The panel will study the effectiveness of the Department of Environmental Protection’s guidance policy regarding the water management act and will submit a report to the Joint Committee on the Environment, Natural Resources and Agriculture and to the Senate and House Committees on Ways and Means no later then December 31, 2006. 

 

 

ENV  161

WITHDRAWN

 

ENV  162

WITHDRAWN

 

ENV  163

RESERVE CHANNEL BRIDGE 2

Mr. Hart moved that the bill be amended, in Section 2, in item in item 6010-0001 by inserting after the words “Boston street bridge in Woburn” the following: - “; provided further, that no more than $400,000 shall be expended for installation, maintenance and repair of a wave attenuator system at the Massachusetts Highway Department Reserve Channel bridge in the South Boston section of the city of Boston”

 

ENV  164

NANTASKET BEACH MAINTENANCE

Mr. Hedlund moved that the bill be amended, in Section 2, in item 2800-0500 by inserting, after the words “Nahant Beach Reservation;” the following : - “provided further, that not less $150,000 shall be expended for the maintenance, trash removal, and up keep for Nantasket Beach in the Town of Hull.”

 

REDRAFT
ENV
  165

AUTOMATION OF DCR TIDE GATES IN QUINCY

Mr. Morrissey moved that the bill be amended, in Section 2, in item 2810-0200 by inserting after the words “Schooner Ernestina commission” the following:- “provided further that, not less than $100,000 shall be expended for the engineering design and conversion of the manual tide gate controls to electric tide gate controls at the DCR owned Wollaston Beach on Quincy Shore Drive in the City of Quincy”.

Mr. Morrissey further moved that the bill be amended, in Section 2, in item 2820-0100, by striking out the figure “24,349,586” and inserting in its place thereof the following figure:- “24,449,586”.

 

ENV  166

CADISH AVENUE SEAWALL

Mr. Hedlund moved that the bill be amended, in Section 2, in item 2820-0100 by inserting, after the words “Fellsmere Pond;” the following : - “provided further, that not less than $168,500 shall be expended for the repair of the Cadish Avenue Seawall in the Town of Hull.”

 

ENV  167

DCR YACHT CLUB LEASES

Mr. Morrissey moved that the bill amended by inserting at the end thereof the following new sections:-

SECTION       . Chapter 92 of the General Laws is hereby amended by inserting after section 120 the following new section:-

Section 121.  (a)  The commissioner of the division of capital asset management and maintenance is authorized, in consultation with the department of conservation and recreation and notwithstanding the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, to enter into leases or other agreements for a term up to 10 years with existing nonprofit organizations located on public park land under the care and control of the department, the land associated with the following boating and yacht facilities: Union Boat Club, Boston; Cambridge Boat Club, Cambridge; Riverside Boat Club, Cambridge; Buckingham, Browne & Nichols Boat House, Cambridge; M.I.T. Boat House, Cambridge; Belmont Hill / Winsor Boat House, Cambridge; Tufts University, Medford; Harvard Sailing Pavilion, Cambridge; Boston University            Sailing Pavilion, Boston; M.I.T. Sailing Pavilion, Cambridge; Puritan Canoe Club, Boston; Neponset Valley Yacht Club, Milton/Braintree; Wollaston Yacht Club, Quincy; Squantum Yacht Club, Quincy; South Shore Yacht Club, Weymouth; Charlesgate Yacht Club, Cambridge; Charles River Yacht Club, Cambridge; Newton Yacht Club, Newton; Columbia Yacht Club, Boston; South Boston Yacht Club, Boston; Riverside Yacht Club, Medford; Medford Boat Club, Medford; Mystic Wellington Yacht Club, Medford; Winterhill Yacht Club, Somerville; Watertown Yacht Club, Watertown; East Boston Yacht Club, Boston; Dorchester Yacht Club, Dorchester; Boston Harbor Yacht Club, Boston.

(b)  Such leases and other agreements shall be on terms and conditions 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 shall require appropriate public access to public park land and outreach and stewardship by the lessees.  The department of conservation and recreation shall consider the following criteria when negotiating lease fees with yachting and boating clubs: the club’s service to the community, community outreach and public access; the actual revenue generated by the club, the number of years the club has been at that location, the size of the club’s dues-paying membership, the nature and type of services the yacht club provides to its members, the capital improvements and maintenance on clubs located on the department’s properties, future capital improvements or need for improvements to the structure, the historic nature of the structure and its use and the fees and taxes paid by the club to the municipality in which it is located.

(c)  The lease shall be prepared in accordance with the generally accepted real estate principles in accordance with the criteria authorized in section (b).  The inspector general shall review and approve said lease, and said review shall include an examination of the methodology utilized for said negotiations.  Said commissioner shall, 30 days prior to the execution of any lease or other agreement authorized by this act, submit said lease to said inspector general. Said inspector general shall prepare a report of his review and approval of said lease and file said report with the commissioner, and copies of the same shall be filed with the house and senate committees on ways and means and with the chairmen of the joint committee on state administration at least 15 days prior to said execution. All funds received under the lease shall be deposited into the Urban Parks Trust Fund established pursuant to section 34 of Chapter 92 of the General Laws.  The division, in consultation with the department, is authorized to grant 10 year extension to any lease or other agreement.

(d) The Department of Conservation and Recreation and the lessee shall be responsible for their own costs associated with any appraisal, survey, or other expense, unless otherwise specified in said lease or other agreement.  

 

ENV  168

GREEN HILL SEAWALL

Mr. Hedlund moved that the bill be amended, in Section 2, in item 2820-0100 by inserting, after the words “Fellsmere Pond;” the following: - “provided further, that not less than $329,500 shall be expended for the repair of the Green Hill Seawall and bluff stabilization in the Town of Hull.”

 

ENV  169

JAMES AVENUE SEAWALL

Mr. Hedlund moved that the bill be amended, in Section 2, in item 2820-0100 by inserting, after the words “Fellsmere Pond;” the following : - “provided further, that not less than $100,000 shall be expended for the study and repair of the James Avenue Seawall in the Town of Hull.”

 

ENV  170

STONEY BEACH SEAWALL

Mr. Hedlund moved that the bill be amended, in Section 2, in item 2820-0100 by inserting, after the words “Fellsmere Pond;” the following : - “provided further, that not less than $237,000 shall be expended for the repair of the Stoney Beach Seawall in the Town of Hull.”

 

ENV  171

BOSTON GREEN TOURISM

Ms. Creem moved that the bill amended, in Section 2, in item 7007-0900, by adding the following:  “provided further, that not less than $100,000 shall be expended for Boston Green Tourism, so-called, to develop and market Greater Boston’s visitor industry as an environmentally-attractive destination for meetings and tourists, thereby stimulating business growth and environmental improvement.”

 

ENV  172

ECHO BRIDGE

Ms. Creem and Mr. Brown moved that the bill amended, in Section 2, in item 2820-0100

by adding the following:- “provided, further, that not less than $250,000 shall be expended for the Echo Bridge safety program in the city of Newton

and town of Needham;

 

REDRAFT
ENV
  173

DEPARTMENT OF CONSERVATION AND RECREATION STAFFING LEVELS

Messrs. Morrissey and Mr. Antonioni, Havern, Tolman, Hart, McGee and Tisei moved that the bill be amended, in Section 2, in item 2810-0100 by striking out the figure “20,485,304” and inserting in place thereof the following:- “21,585,304”.

Messrs. Morrissey, Havern, Tolman, Hart and McGee moved that the bill be further amended, in Section 2, in item 2820-0100 by striking out the figure “24,349,586” and inserting in place thereof the following:- “25,449,586”.

 

ENV  174

WITHDRAWN

 

ENV  175

URBAN PARKS

Messrs. Barrios, Mr. Creedon, Ms. Creem, and Mr. Timilty moved that the bill be amended, in Section 2, in item 2820-0100, by striking out the figures “$24,349,586,” and inserting in place thereof the figures “$27,349,586.”

 


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