SENATE . . . . . . . . . . . . . . No. 2509
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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SENATE, November 22, 2023.
The committee on State Administration and Regulatory Oversight to whom was referred
the petition (accompanied by bill Senate, No. 2445) of Edward J. Kennedy for legislation relative
to the University of Massachusetts and a certain easement located in the city of Lowell, reports
the accompanying bill (Senate, No. 2509).
For the committee,
Nick Collins 1 of 4
FILED ON: 11/15/2023
SENATE . . . . . . . . . . . . . . No. 2509
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 real property in Lowell.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
expedite the Commonwealth's exploration of geothermal technologies as a viable heating source
for its residents as means to achieve mandated emission reduction target, therefore it is hereby
declared to be an emergency law, necessary for the immediate preservation of the public
convenience. , therefore it is hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Notwithstanding sections 32 to 37, inclusive, of chapter 7c of the General
2Laws or any other general or special law to the contrary, the commissioner of capital asset
3management and maintenance, with the consent and approval of the University of Massachusetts
4Lowell, may convey to National Grid, or its affiliates, a non-exclusive easement to permit the
5installation of a geothermal wellfield and associated accessory equipment and uses on the parcels
6of land located at 813 Broadway Street, as described in the deed recorded at the Middlesex North
7Registry of Deeds in Book 1663 page 241. The bore field will provide geothermal energy to two
8properties owned by University of Massachusetts Lowell and certain other buildings in the
9surrounding neighborhood. 2 of 4
10 SECTION 2. This non-exclusive easement is being granted in connection with the
11Geothermal Energy Demonstration Program of Boston Gas Company d/b/a National Grid
12approved by the department of public utilities on December 15, 2021, in D.P.U. 21-24 and
13Boston Gas Company’s Geothermal Energy Demonstration Program Implementation Plan
14stamp-approved by the department of public utilities on September 13, 2022. The Geothermal
15Energy Demonstration Program was proposed by Boston Gas Company and approved by the
16department of public utilities in furtherance of the Commonwealth’s climate goals of reducing
17greenhouse gas emissions and transitioning customers from natural gas.
18 SECTION 3. The grantee shall be responsible for costs and expenses associated with any
19engineering and surveys and recording costs related to the conveyance authorized in this section.
20University of Massachusetts Lowell shall be responsible for any other costs associated with this
21conveyance, as such costs may be determined by the commissioner of capital asset management
22and maintenance. The easement shall be in the form attached as Attachment B to the Boston Gas
23Company’s Geothermal Energy Demonstration Program Implementation Plan and approved by
24the department of public utilities in MA D.P.U. 22-62, without material edits except for the
25consideration, which shall be as described in Section 4 below.
26 SECTION 3(a). All construction, reconstruction, installation, alteration, or repair not
27performed by gas or electric public utility employees on public infrastructure shall be performed
28and procured under sections 26 through 27F of chapter 149 inclusive and section 39M of chapter
2930. The gas and electric utilities shall request from the department of labor standards prevailing
30wage rate sheets for each municipality they are working in once every six months. The
31department, under chapter 30A and in consultation with all gas and electric utilities, shall within
32one year promulgate rules and regulations for the training and implementation of a certification 3 of 4
33program for contractors and their employees repairing or performing work on public
34infrastructure in the Commonwealth.
35 SECTION 4. Consideration for the conveyance of the easement pursuant to section 1
36shall be the full and fair market value of the percentage of the easement needed for the boreholes
37serving the buildings not owned by University of Massachusetts Lowell, reduced by an amount
38as determined by Boston Gas Company and University of Massachusetts Lowell that includes
39value being received by the University of Massachusetts Lowell in applying for and selected to
40partner with Boston Gas Company’s Geothermal Energy Demonstration Program for educational
41and other purposes, including, but not limited to, the costs to re-design and improve the
42geothermal pumphouse facilities for educational purposes for university students, the appraisal
43costs, and the costs of the energy efficiency upgrades to University of Massachusetts Lowell
44buildings paid for by the Geothermal Energy Demonstration Program, but it no event shall the
45consideration be less than $1.00. The full and fair market value shall not include that percentage
46of the easement needed for the boreholes solely serving the buildings owned by University of
47Massachusetts Lowell. Any independent appraisal of the fair market value and value in
48proposed use of the easement described in section 1 shall be prepared in accordance with the
49usual and customary appraisal practices by a qualified appraiser commissioned by the
50commissioner. The commissioner of capital asset management and maintenance shall submit the
51appraisal and a report thereon to the inspector general for review and comment. The inspector
52general shall review and approve the appraisal and the review shall include an examination of the
53methodology used for the appraisal. The inspector general shall prepare a report of the review
54and file the report with the commissioner of capital asset management and maintenance for
55submission by the commissioner to the house and senate committees on ways and means and the 4 of 4
56senate and house chairs of the joint committee on state administration. The commissioner shall
57submit copies of the appraisal, the report thereon and the inspector general’s review and
58approval, and comments, if any, to the house and senate committees on ways and means and the
59senate and house chairs of the joint committee on state administration prior to the execution of
60the conveyances authorized by this act.
61 SECTION 5. The cash proceeds of the sale, lease, transfer, or other disposition of the
62easement rights described in section 1, or portions thereof pursuant to this act, shall be deposited
63into an expendable trust established pursuant to section 6 of chapter 6A of the General Laws and
64801 CMR 50.00. Proceeds in the trust may be expended for costs associated with activities and
65capital investments by the University of Massachusetts Lowell to align the campus with the goals
66and objectives of Chapter 8 of the Acts of 2021, “An Act Creating a Next-Generation Roadmap
67for Massachusetts Climate Policy” and Executive Order 594: Leading By Example:
68Decarbonizing and Minimizing Environmental Impacts of State Government.
69 SECTION 6. Notwithstanding any general or special law to the contrary, on the effective
70date of this act, the University of Massachusetts Lowell may grant a temporary license, not to
71exceed 5 years, at a nominal amount to Boston Gas Company in order to provide Boston Gas
72Company with immediate and complete access to, control of and liability and responsibility for
73the parcel of land described in section 1 shall for the purposes of this act until the conveyances
74authorized by this act take effect.
75 SECTION 7. The provisions of this act shall take effect upon passage.