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