Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2509 Compare Versions

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

Old	New	Differences
1	1	SENATE . . . . . . . . . . . . . . No. 2509
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, November 22, 2023.
8	8	The committee on State Administration and Regulatory Oversight to whom was referred
9	9	the petition (accompanied by bill Senate, No. 2445) of Edward J. Kennedy for legislation relative
10	10	to the University of Massachusetts and a certain easement located in the city of Lowell, reports
11	11	the accompanying bill (Senate, No. 2509).
12	12	For the committee,
13	13	Nick Collins 1 of 4
14	14	FILED ON: 11/15/2023
15	15	SENATE . . . . . . . . . . . . . . No. 2509
16	16	The Commonwealth of Massachusetts
17	17	_______________
18	18	In the One Hundred and Ninety-Third General Court
19	19	(2023-2024)
20	20	_______________
21	21	An Act relative to real property in Lowell.
22	22	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
23	23	expedite the Commonwealth's exploration of geothermal technologies as a viable heating source
24	24	for its residents as means to achieve mandated emission reduction target, therefore it is hereby
25	25	declared to be an emergency law, necessary for the immediate preservation of the public
26	26	convenience. , therefore it is hereby declared to be an emergency law, necessary for the
27	27	immediate preservation of the public convenience.
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 SECTION 1. Notwithstanding sections 32 to 37, inclusive, of chapter 7c of the General
31	31	2Laws or any other general or special law to the contrary, the commissioner of capital asset
32	32	3management and maintenance, with the consent and approval of the University of Massachusetts
33	33	4Lowell, may convey to National Grid, or its affiliates, a non-exclusive easement to permit the
34	34	5installation of a geothermal wellfield and associated accessory equipment and uses on the parcels
35	35	6of land located at 813 Broadway Street, as described in the deed recorded at the Middlesex North
36	36	7Registry of Deeds in Book 1663 page 241. The bore field will provide geothermal energy to two
37	37	8properties owned by University of Massachusetts Lowell and certain other buildings in the
38	38	9surrounding neighborhood. 2 of 4
39	39	10 SECTION 2. This non-exclusive easement is being granted in connection with the
40	40	11Geothermal Energy Demonstration Program of Boston Gas Company d/b/a National Grid
41	41	12approved by the department of public utilities on December 15, 2021, in D.P.U. 21-24 and
42	42	13Boston Gas Company’s Geothermal Energy Demonstration Program Implementation Plan
43	43	14stamp-approved by the department of public utilities on September 13, 2022. The Geothermal
44	44	15Energy Demonstration Program was proposed by Boston Gas Company and approved by the
45	45	16department of public utilities in furtherance of the Commonwealth’s climate goals of reducing
46	46	17greenhouse gas emissions and transitioning customers from natural gas.
47	47	18 SECTION 3. The grantee shall be responsible for costs and expenses associated with any
48	48	19engineering and surveys and recording costs related to the conveyance authorized in this section.
49	49	20University of Massachusetts Lowell shall be responsible for any other costs associated with this
50	50	21conveyance, as such costs may be determined by the commissioner of capital asset management
51	51	22and maintenance. The easement shall be in the form attached as Attachment B to the Boston Gas
52	52	23Company’s Geothermal Energy Demonstration Program Implementation Plan and approved by
53	53	24the department of public utilities in MA D.P.U. 22-62, without material edits except for the
54	54	25consideration, which shall be as described in Section 4 below.
55	55	26 SECTION 3(a). All construction, reconstruction, installation, alteration, or repair not
56	56	27performed by gas or electric public utility employees on public infrastructure shall be performed
57	57	28and procured under sections 26 through 27F of chapter 149 inclusive and section 39M of chapter
58	58	2930. The gas and electric utilities shall request from the department of labor standards prevailing
59	59	30wage rate sheets for each municipality they are working in once every six months. The
60	60	31department, under chapter 30A and in consultation with all gas and electric utilities, shall within
61	61	32one year promulgate rules and regulations for the training and implementation of a certification 3 of 4
62	62	33program for contractors and their employees repairing or performing work on public
63	63	34infrastructure in the Commonwealth.
64	64	35 SECTION 4. Consideration for the conveyance of the easement pursuant to section 1
65	65	36shall be the full and fair market value of the percentage of the easement needed for the boreholes
66	66	37serving the buildings not owned by University of Massachusetts Lowell, reduced by an amount
67	67	38as determined by Boston Gas Company and University of Massachusetts Lowell that includes
68	68	39value being received by the University of Massachusetts Lowell in applying for and selected to
69	69	40partner with Boston Gas Company’s Geothermal Energy Demonstration Program for educational
70	70	41and other purposes, including, but not limited to, the costs to re-design and improve the
71	71	42geothermal pumphouse facilities for educational purposes for university students, the appraisal
72	72	43costs, and the costs of the energy efficiency upgrades to University of Massachusetts Lowell
73	73	44buildings paid for by the Geothermal Energy Demonstration Program, but it no event shall the
74	74	45consideration be less than $1.00. The full and fair market value shall not include that percentage
75	75	46of the easement needed for the boreholes solely serving the buildings owned by University of
76	76	47Massachusetts Lowell. Any independent appraisal of the fair market value and value in
77	77	48proposed use of the easement described in section 1 shall be prepared in accordance with the
78	78	49usual and customary appraisal practices by a qualified appraiser commissioned by the
79	79	50commissioner. The commissioner of capital asset management and maintenance shall submit the
80	80	51appraisal and a report thereon to the inspector general for review and comment. The inspector
81	81	52general shall review and approve the appraisal and the review shall include an examination of the
82	82	53methodology used for the appraisal. The inspector general shall prepare a report of the review
83	83	54and file the report with the commissioner of capital asset management and maintenance for
84	84	55submission by the commissioner to the house and senate committees on ways and means and the 4 of 4
85	85	56senate and house chairs of the joint committee on state administration. The commissioner shall
86	86	57submit copies of the appraisal, the report thereon and the inspector general’s review and
87	87	58approval, and comments, if any, to the house and senate committees on ways and means and the
88	88	59senate and house chairs of the joint committee on state administration prior to the execution of
89	89	60the conveyances authorized by this act.
90	90	61 SECTION 5. The cash proceeds of the sale, lease, transfer, or other disposition of the
91	91	62easement rights described in section 1, or portions thereof pursuant to this act, shall be deposited
92	92	63into an expendable trust established pursuant to section 6 of chapter 6A of the General Laws and
93	93	64801 CMR 50.00. Proceeds in the trust may be expended for costs associated with activities and
94	94	65capital investments by the University of Massachusetts Lowell to align the campus with the goals
95	95	66and objectives of Chapter 8 of the Acts of 2021, “An Act Creating a Next-Generation Roadmap
96	96	67for Massachusetts Climate Policy” and Executive Order 594: Leading By Example:
97	97	68Decarbonizing and Minimizing Environmental Impacts of State Government.
98	98	69 SECTION 6. Notwithstanding any general or special law to the contrary, on the effective
99	99	70date of this act, the University of Massachusetts Lowell may grant a temporary license, not to
100	100	71exceed 5 years, at a nominal amount to Boston Gas Company in order to provide Boston Gas
101	101	72Company with immediate and complete access to, control of and liability and responsibility for
102	102	73the parcel of land described in section 1 shall for the purposes of this act until the conveyances
103	103	74authorized by this act take effect.
104	104	75 SECTION 7. The provisions of this act shall take effect upon passage.