Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3111 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3734 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3111
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jon Santiago
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to DCR skating rinks.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jon Santiago9th Suffolk1/20/2023 1 of 4
16	16	HOUSE DOCKET, NO. 3734 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3111
18	18	By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 3111) of Jon
19	19	Santiago for legislation to authorize the Division of Capital Asset Management and Maintenance
20	20	to lease certain Department of Conservation and Recreation skating rinks. State Administration
21	21	and Regulatory Oversight.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to DCR skating rinks.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 (a) Notwithstanding sections 32 to 37 of chapter 7C and sections 52 to 55 of chapter 7 of
31	31	2the General Laws or any other general or special law to the contrary, the division of capital asset
32	32	3management and maintenance, using those competitive proposal processes as the division
33	33	4considers necessary or appropriate, in consultation with the department of conservation and
34	34	5recreation, may lease and enter into other agreements with 1 or more bidders, for 1 or more ice-
35	35	6skating rinks and facilities, for terms not to exceed 30 years, for the continued use, operation,
36	36	7maintenance, repair and improvement of the state-owned buildings and facilities, together with
37	37	8the land and appurtenances associated therewith, comprising the following ice skating rinks and
38	38	9facilities under the care and control of the department of conservation and recreation:
39	39	10 Veterans Memorial Skating Rink, Arlington; Porazzo Memorial Rink, East Boston
40	40	11district, Boston; Roche Memorial Rink, West Roxbury district, Boston; Simoni Memorial Rink,
41	41	12Cambridge; Allied Veterans Memorial Rink, Everett; Connery Memorial Rink, Lynn; Flynn 2 of 4
42	42	13Memorial Rink, Medford; LoConte Memorial Rink, Medford; Daly Memorial Rink, Newton;
43	43	14Cronin Memorial Rink, Revere; Max Ulin Skating Rink, Milton; Kasabuski Arena, Saugus;
44	44	15Veterans Memorial Rink, Somerville; Shea Memorial Rink, Quincy; Veterans Memorial Rink,
45	45	16Waltham; Connell Memorial Rink and Pool, Weymouth; Representative John G. Asiaf Skating
46	46	17Rink, Brockton; Arthur R. Driscoll Memorial Skating Rink, Fall River; Staff Sergeant Robert
47	47	18Pirelli Veterans Memorial Rink, Franklin; Stephen Hetland Memorial Skating Rink, New
48	48	19Bedford; John A. Armstrong Memorial Skating Rink, Plymouth; Theodore J. Aleixo, Jr. Skating
49	49	20Rink, Taunton; Veterans Memorial Skating Arena, Haverhill; John J. Janas Memorial Skating
50	50	21Rink, Lowell; Henry Graf, Jr., Skating Rink, Newburyport; James E. McVann and Louis F.
51	51	22O'Keefe Memorial Skating Rink, Peabody; Daniel S. Horgan Memorial Skating Rink, Auburn;
52	52	23Gardner Veterans Skating Rink, Gardner; John J. Navin Skating Rink, Marlboro; Honorable
53	53	24Charles J. Buffone Skating Rink, Worcester; Greenfield Area Skating Rink, Greenfield; Henry J.
54	54	25Fitzpatrick Skating Rink, Holyoke; Ray Smead Memorial Skating Rink, Springfield; and
55	55	26Vietnam Veterans Memorial Skating Rink, North Adams.
56	56	27 (b) The lease and other agreements shall be on terms acceptable to the commissioner of
57	57	28capital asset management and maintenance, after consultation with the commissioner of
58	58	29conservation and recreation and, notwithstanding any general or special law to the contrary, shall
59	59	30provide for the lessees to operate, manage, improve, repair and maintain the ice-skating rinks and
60	60	31facilities. Any such lease or other arrangement shall include a description of the required capital
61	61	32improvements and, at a minimum, performance specifications. Any consideration received from
62	62	33the leases or other agreements shall be payable to the department for deposit in the Conservation
63	63	34Trust, established under section 1 of chapter 132A of the General Laws. 3 of 4
64	64	35 There shall be an option for renewal or extension of the leases and other agreements not
65	65	36exceeding an additional 5 years. Such renewal or extension shall be at the discretion of the
66	66	37division of capital asset management and maintenance, in consultation with the department of
67	67	38conservation and recreation, in accordance with the original lease terms and conditions or
68	68	39agreement terms and conditions more favorable to the commonwealth. All leases must contain a
69	69	40provision that requires the lessee to carry comprehensive general liability insurance with the
70	70	41commonwealth named as a co-insured, protecting the commonwealth against all personal injury
71	71	42or property damage within the rink or on the land during the term of the lease.
72	72	43 (c) The division of capital asset management and maintenance, in consultation with and
73	73	44on behalf of the department of conservation and recreation, shall solicit proposals through a
74	74	45request for proposals which shall include key contractual terms and conditions to be incorporated
75	75	46into the lease, including but not limited to (1) a comprehensive list of all rinks operated by the
76	76	47responsive bidder in the last four years, (2) prior or current facilities management or experience
77	77	48of the responsive bidder, (3) prior or current skating or hockey management experience of the
78	78	49responsive bidder, (4) reservation policies, (5) proposed reasonable rates that will ensure
79	79	50continued public access, (6) required financial audits, (7) policies to encourage use of the rink by
80	80	51persons of all races and nationalities, (8) safety and security plans, (9) seasonal opening and
81	81	52closing dates, (10) hours of operation, and (11) how the operator will ensure that ice time at the
82	82	53rink shall be allocated to user groups in the following order of priority: general public skating;
83	83	54nonprofit youth groups; school hockey, for-profit youth groups other than non-profit youth
84	84	55groups; and adult organizations or informal groups. Ice time may be allocated at the discretion of
85	85	56the operator, but general public skating shall be booked, in 2-hour contiguous blocks at a
86	86	57minimum of 12 hours per week, with a range of times and days which reasonably allow for 4 of 4
87	87	58public skaters of all ages to participate in some public skating sessions. Every effort shall be
88	88	59made to balance the ice allocation needs of long-established youth organizations and newly
89	89	60formed youth organizations in a manner that provides equal opportunity and equal access for
90	90	61youths of each gender.
91	91	62 The inspector general shall review and approve any request for proposals issued by the
92	92	63division before issuance.
93	93	64 (d) The leases and other agreements authorized in this section shall provide that any
94	94	65benefits to the community and the costs of improvements and repairs made to the property
95	95	66provided by the lessees shall be taken into account as part of the consideration for the lease or
96	96	67other agreements. The lessees or the recipients of the property shall bear the costs considered
97	97	68necessary or appropriate by the commissioner of capital asset management and maintenance for
98	98	69the transactions including, without limitation, costs for legal work, survey, title and the
99	99	70preparation of plans and specifications.
100	100	71 (e) The provisions of any general or special law or rule or regulation relating to the
101	101	72advertising, bidding or award of contracts, to the procurement of services or to the construction
102	102	73and design of improvements shall not be applicable to any selected bidder which is awarded a
103	103	74lease pursuant to this section, except as provided in this section.