SENATE, No. 503

SECTION 1.  Section 1 of said chapter 21 of the General Laws, is hereby amended by inserting after the fourth paragraph the following paragraph:- 

Any fees or charges collected for the use of the state beaches within the geographic area defined in section 33 of chapter 92, or proceeds derived from any lease agreement entered into for the management of said lands or facilities, shall be deposited in the metropolitan beaches fund as provided under Section 2OOO of Chapter 29. Expenditures from said fund shall not be used for the purpose of providing basic maintenance of lands and facilities or other services which would otherwise be the responsibility of the division of urban parks and recreation.  Expenditures from said fund shall be used for providing additional improvements, including services, equipment, programming and enhancements beyond basic maintenance and services, of lands and facilities under the control of the division of urban parks and recreation.

SECTION 2.  Section 8 of chapter 21A of the General Laws, as appearing in the 2004
Official Edition, is hereby amended by inserting, after the paragraph 4, the following paragraph:

There shall be within the department of conservation and recreation an advisory board to be known as the Metropolitan Beaches advisory board.  The advisory board shall consist of the following 19 members: 3 members of the house of representatives appointed by the speaker of the house, 1 of whom shall be the house minority leader or his designee and 1 of whom shall be appointed co-chair of the board; 3 members of the senate appointed by the senate president, 1 of whom shall be the senate minority leader or his designee and 1 of whom shall be appointed co-chair of the board; 1 member appointed by the secretary of the executive office of environmental affairs or the secretary's designee; 1 member appointed by the commissioner of the department of conservation and recreation or the commissioner's designee; 2 members appointed by the mayor of the city of Boston, of whom each shall be a resident of the East Boston section of the city of Boston, a resident of the Dorchester section of the city of Boston or a resident of the South Boston section of the city of Boston; 6 members who are appointed by the chief executives or board of selectmen from the cities and towns of Hull, Nahant, Quincy, Revere, Lynn, and Winthrop; 1 member appointed by the Boston Foundation; 1 member appointed by the Greater Boston Chamber of Commerce; and 1 member appointed by the Boston University School of Public Management. Each member appointed to the advisory board will serve for a term of three years and may be reappointed for similar terms. The advisory board shall advise the commissioner of the department of conservation and recreation on matters relevant to the affairs of the department, shall meet at least quarterly and at the request of the commissioner.  The members of the advisory board shall receive no compensation but shall be reimbursed by the department for expenses necessary to the performance of their duties. The advisory board shall be deemed to be a governmental body for the purposes of, and shall be subject to, section eleven A and one-half of chapter thirty A of the General Laws. 

SECTION 3.  Chapter 29 of the General Laws is hereby amended by inserting after Section 2NNN the following Section:--  

Section 2OOO.   There shall be set up on the books of the commonwealth a separate fund to be known as the metropolitan beaches fund. There shall be credited to this fund all fees, charges collected and proceeds derived from lease agreements in accordance with Chapter 21 or other law, and any income derived from the investing of all amounts credited to the fund.  Monies credited to the fund shall be allocated by the commissioner of the department of conservation and recreation, upon approval of the metropolitan beaches advisory board, to the local community, city or town from which the fees, charges, proceeds, or any other income each originated, for the purpose of providing improvements and direct recreational services to lands and facilities under the control of the division of urban parks and recreation, but not for the purpose of providing supplemental funds for basic maintenance and services of  said lands and facilities which the division of urban parks and recreation is obligated to provide.

SECTION 4.  Section 2E of chapter 90 of the General Laws, as appearing in the 2004 Official Edition, by inserting after subsection (b) the following subsection:-

(b1/2) The registrar shall furnish, upon application, to the owners of private passenger motor vehicles distinctive registration plates which shall display on their face a design indicating support for the maintenance and restoration of state owned and maintained beaches.  There shall be a fee of not less than twenty dollars for such plates in addition to the established  registration fee for private passenger motor vehicles, such fee being payable at the time of registration of such vehicle and at each renewal thereof.  The portion of the total fee remaining after the deduction of costs directly attributable to the issuance of such plates shall be deposited within 90 days of receipt thereof to the department of conservation and recreation.

SECTION 5.  Notwithstanding the provisions of any general or special law to the contrary, the department of conservation and recreation is hereby authorized and instructed to install, maintain and operate, in cooperation and coordination with the city of Revere, parking meters along various portions of the Revere beach reservation.  The parking fee for such meters shall be set by the department of conservation and recreation.  All proceeds from such parking meters shall be collected, distributed and utilized similar to parking lot revenues in accordance with the terms and conditions of an agreement by and between the former metropolitan district commission and the city of Revere dated March 15, 2001; and provided further that any revenues collected from such parking meters that are distributed to or retained by the department of conservation and recreation shall be deposited in the trust fund created by Section 29 of Chapter 236 of the Acts of 2002.

SECTION 6.  The General Laws are hereby amended by inserting after Chapter 92B the following new chapter:

CHAPTER 93C.

THE METROPOLITAN BEACHES CORPORATION

Section 1. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:--

"Board'', the board of directors of the metropolitan beaches corporation.

“Corporation”', the metropolitan beaches corporation.

“Department”, the department of conservation and recreation

“Director”, the director of the division of urban parks and recreation.

“Division”, the division of urban parks and recreation.

“Member”, a member of the board of directors of the Metropolitan Beaches Corporation.

 “Beaches”, Malibu beach, Constitution beach, Carson beach, City Point beach, M. Street beach, Pleasure Bay, Savin Hill beach, and Tenean beach in the city of Boston; Nantasket beach in Hull; Nahant beach in the town of Nahant; Winthrop beach in the town of Winthrop; Wollaston beach, Pleasure Bay, and Squantum Point park in the city of Quincy; Revere beach and Short beach in the city of Revere; and Red Rock park and Lynn beach in the city of Lynn.

Section 2. There is hereby created a nonprofit body to be known as the metropolitan beaches corporation. The corporation is hereby placed in the division, but shall not be subject to the supervision of the division, nor any office, board, bureau, department, or other agency of the commonwealth, except as specifically provided in this chapter. This shall not preclude the director or his agents from inspecting the books, records, files or premises of the corporation at any time.

The corporation may receive, subject to appropriation, an annual operating subsidy from the commonwealth through a line item in the budget of the department.

Pursuant to section three of chapter twenty-nine, the corporation may submit a request for such annual operating subsidy to the office. The commonwealth may also fund, from time to time, major capital improvements and expansion subject to the provisions of section nine.

The corporation shall be governed and its corporate powers exercised by the board, which shall consist of ______ members appointed by the governor in the following manner: the director or his designee, ex-officio; __________________________________________________________

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The members other than the director shall be appointed for terms of not less than one year and not more than four years as determined by the governor. Upon expiration of the initial appointment, the governor shall appoint said members to four year terms.

All members of the board shall exercise full and equal voting privileges. Any person appointed to fill a vacancy shall serve for the remainder of the term. Members shall be eligible for reappointment. Any member may be removed by the governor for just cause.

_____ board members shall constitute a quorum and the affirmative vote of a majority of the members present and eligible to vote shall be necessary for any action to be taken by the board. The members shall serve without compensation, but each member shall be entitled to reimbursement for necessary expenses incurred in the performance of official duties of the corporation. Said expenses and duties shall be specified in the board's by-laws. Disbursements for these expenses shall be detailed and available for review in the account books of the corporation. The board shall meet at least once a month and shall have authority over the activities of the corporation.

The chairperson shall be chosen by a majority vote of the board. The board shall also designate a secretary who shall not be a member of the board. The secretary shall keep a record of proceedings of the corporation and detailed minutes of each meeting, and shall be custodian of all books, documents, and papers of the corporation, and its official seal. The secretary shall retain copies of all minutes and other records and documents of the corporation and shall certify such copies' authenticity. The board shall also appoint a treasurer who shall have charge of the books and records of account and accounting records of the corporation and shall be responsible, under the supervision of the president, for financial control of the corporation.

The corporation shall establish procedures by which all meetings of the corporation and the board are open to the public.

The provisions of chapter two hundred and sixty-eight A and chapter two hundred and sixty-eight B shall apply to all members, officers and employees of the corporation; provided, that such members, officers and employees shall be authorized to conduct fund-raising activities on behalf of the corporation following notice to the state ethics commission.

Section 3. The board shall select a qualified individual to act as president and chief executive officer. The president shall present to the board for its approval an annual budget, a staffing plan, and an operating plan. The president shall, subject to the approval of the board, supervise the employees of the corporation, and shall have the power to hire and terminate.

The corporation shall have the authority to develop a flexible professional personnel system as necessary to attract and hire qualified professional employees to enhance and coordinate programming at the beaches. The corporation shall establish said professional personnel system, in consultation with the human resources division within the executive office for administration and finance. The corporation shall set, in consultation with said office, salary scales and establish job classifications for its employees which shall not be subject to the provisions of section forty-six of chapter thirty. The corporation shall possess the management flexibility to establish employment qualifications and to remove and or discipline its employees. The corporation shall establish professional standards of performance and conduct for its employees. All corporation employees shall have the authority to solicit and collect both private and public donations, grants, bequests and devises, conditional or otherwise, of money, real and personal property, services or other things of value on the corporation's behalf and for the corporation's benefit, consistent with the provisions of section four chapter two hundred and sixty-eight A.

Neither the corporation nor any of its officers, members, agents, employees, consultants or advisors shall be subject to the provisions of section three B and sections fifteen through twenty-nine inclusive, of chapter seven; sections nine A, forty-five, forty-six C through H, and fifty-two, of chapter thirty; and chapter thirty-one; provided, that in purchasing products or services, the corporation shall at all times follow generally accepted business practices.

Section 6. The corporation shall have the following duties and obligations:

(a) The corporation shall, at its discretion, develop and provide educational and recreational activities and programming at the beaches, including but not limited to providing swimming lessons, concerts, and establishing or working with local groups and organizations to promote and advocate for the beaches as a whole.

(c) The corporation shall file with the secretary of the commonwealth to establish itself as a chartered nonprofit corporation within the commonwealth.

(d) shall be subject to and have the powers and privileges conferred by the provisions of chapter 180 of the General Laws except insofar as said provisions are inconsistent with or otherwise restricted or limited by the provisions of this act.

(d) The corporation shall file with the internal revenue service to establish itself as a nonprofit corporation to ensure that contributions to the corporation are tax deductible.

(e) The corporation shall, to the best of its ability, raise funds and gifts of property or services or both from individuals, corporations, foundations and any other public or private entities for the purpose of enhancing, expanding and maintaining programs, exhibits, buildings, visitor services, and any other purpose consonant with the responsibilities outlined in this chapter. The corporation may establish gift shops, concessions, rentals, membership programs, publications, and other revenue raising devices to meet its obligations to raise funds for operating and capital purposes.

(f) The corporation shall maintain a detailed inventory of its personal property which it shall incorporate in its annual financial report.

(g) The corporation shall maintain detailed records of all expenditures, and may, if requested through the division, continue to utilize the Massachusetts management, accounting, and reporting system.

Section 7. The corporation shall operate on the same fiscal year as the commonwealth and shall annually submit a detailed fiscal report of the corporation’s activities within ninety days after the end of each fiscal year to the commission and to the clerks of the house of representatives and the senate and the house and senate committee on ways and means.

Section 8. The books and records of the corporation shall be audited biennially by an independent source chosen by the commission, at the expense of the corporation. The director may, at any time, request an audit to be done in addition to the biennial audit.

Section 9. The corporation may request financial assistance from the commonwealth for any capital projects undertaken at the beaches. Capital projects shall not include routine maintenance and minor repairs. The corporation shall consult with the division of capital asset management and maintenance when undertaking any capital construction projects or major renovations costing in excess of twenty-five thousand dollars; provided, however, that the corporation shall not be subject to the provisions of sections thirty-nine A to forty N inclusive, of chapter seven and sections twenty-seven and twenty-seven A to twenty-seven G, inclusive, and sections forty-four A to forty-four J inclusive, of chapter one hundred and forty-nine if funded from sources other than the commonwealth.

Section 10. The provisions of this chapter shall be construed to incorporate by reference any existing agreements between the commission and any other entity, public or private, except as otherwise provided in this chapter. The provisions of this chapter shall, to the extent permitted by law, be deemed to supersede any terms or conditions of any existing agreements which are in conflict with the provisions of this chapter.

Section 11. The beaches shall continue to be known as Malibu beach, Constitution beach, Carson beach, City Point beach, M. Street beach, Pleasure Bay, Savin Hill beach, and Tenean beach in the city of Boston; Nantasket beach in Hull; Nahant beach in the town of Nahant; Winthrop beach in the town of Winthrop; Wollaston beach, Pleasure Bay, and Squantum Point park in the city of Quincy; Revere beach and Short beach in the city of Revere; and Red Rock park and Lynn beach in the city of Lynn; and referred to collectively as the metropolitan beaches. The commonwealth shall at all times retain title to all real property and the appurtenances thereon. The beaches and all real property shall remain a part of the metropolitan parks system. In the event that, for any reason, the corporation dissolves, the commission shall assume responsibility for the beaches, and all funds and personal property shall revert to the commission.

Section 12. On or before January first, two thousand and eight, the corporation shall submit to the governor and the clerks of the house of representatives and the senate and the house and senate committees on ways and means, a report detailing the state of the beaches, their operation and management, and public use. The report shall be studied with the purpose of determining whether the public use of the beaches has been improved by the corporation.

SECTION 7.  The commissioner of conservation and recreation shall work with the United States environmental protection agency, Massachusetts department of environmental protection, Massachusetts department of public health, the Massachusetts water resources authority, the Metropolitan Beaches Advisory Board, local officials, advocates and other stakeholders to develop and implement an effective method for informing the public about water quality on each of the metropolitan beaches, and that they issue a regular report on both water quality and the accuracy of the flagging system for each beach where more than 10% of the samples exceed the federal single sample water quality standard.

SECTION 8.  The commissioner of conservation and recreation shall, within 6 months of the effective date of this act, cause to establish a separate division within the department of conservation of recreation, to be called the division of metropolitan beaches, for the purpose of maintaining the beaches located within the geographic area defined in section 33 of chapter 92, or create the position of metropolitan beaches coordinator, who shall be responsible for coordinating and maintaining the beaches located within the geographic area defined in section 33 of chapter 92.