1 of 1 HOUSE DOCKET, NO. 1845 FILED ON: 1/15/2025 HOUSE . . . . . . . . . . . . . . . No. 956 The Commonwealth of Massachusetts _________________ PRESENTED BY: Jessica Ann Giannino and Steven Ultrino _________________ 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 providing for the ownership and maintenance of the Town Line Brook and Linden Brook culverts and dams. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Jessica Ann Giannino16th Suffolk1/15/2025Steven Ultrino33rd Middlesex1/15/2025 1 of 6 HOUSE DOCKET, NO. 1845 FILED ON: 1/15/2025 HOUSE . . . . . . . . . . . . . . . No. 956 By Representatives Giannino of Revere and Ultrino of Malden, a petition (accompanied by bill, House, No. 956) of Jessica Ann Giannino and Steven Ultrino relative to the ownership and maintenance of the Town Line Brook and Linden Brook culverts and dams. Environment and Natural Resources. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act providing for the ownership and maintenance of the Town Line Brook and Linden Brook culverts and dams. 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. As used in this act, the following words shall, unless the context clearly 2indicates otherwise, have the following meanings:— 3 “Appurtenant structure”, any equipment, systems, parts and structures that are attached to 4or pertinent to the design, operation or function of assets. 5 “Asset”, any common flood prevention structure and equipment that is used to control 6flows of water or whose function is necessary for the proper operation of structures used to 7control flows of water including, but not limited to, dams, tide gates, flood gates, solar panels 8and floats. 9 “Cutler bridge” or “Cutler highway bridge”, the 107 Cutler highway vehicular bridge, 10Massachusetts Department of Transportation bridge number R05061, and all equipment and 2 of 6 11assets attached to the bridge that are pertinent to highway and bridge operations, located in the 12city of Revere. This shall include, but is not limited to, 8 box culverts structurally built into the 13Cutler highway vehicular bridge, and trash racks affixed to the upstream side of the Cutler 14highway vehicular bridge, with the purposes of protecting the 8 box culverts from large debris, 15sediment and other build up. 16 “Emergency maintenance” or “emergency repairs”, any immediate repairs or 17maintenance work necessary to address unforeseen issues that prevent the proper operation and 18function of an asset. 19 “Flood gate”, a type of gate classified as a common flood prevention structure. When 20operating as designed, the gate can be opened or closed to control the flow of water for Town 21Line brook or Linden brook. 22 “Repair”, any project or construction work carried forth with the purpose of returning 23dysfunctional assets and appurtenant structures to their intended and fully operational state. 24Repairs shall not disable or disrupt the operations of the assets and appurtenant structures for 25more than 30 days. 26 “Reconstruction”, any projects or construction work that shall disable or disrupt the 27operations of an asset or appurtenant structure for more than 30 days. Reconstruction shall also 28be any work or construction work that would require demolishing or replacement of over 50 per 29cent of the existing asset or appurtenant structure. 30 “Routine maintenance”, any project or inspection work carried forth while an asset or 31appurtenant structure is operating as intended or reasonably adequately in which no major 3 of 6 32functions are disabled or disrupted, with the purpose of maintaining the intended functions of 33and ensuring the proper operation of an asset or appurtenant structure. 34 “Tide gate”, a type of gate classified for the purposes of this act as a common flood 35prevention structure. When operating as designed, the gate allows water to flow freely when the 36tide sets in 1 direction but closes automatically and prevents the water from flowing in the 37opposite direction. 38 SECTION 2. Any assets, appurtenant structures or other structures used to control the 39flow of water at, into or out of the Town Line brook or Linden brook shall be under the care, 40custody, and control of the Department of Conservation and Recreation. This shall include, but is 41not limited to, the tide gates attached to the 107 Cutler highway vehicular bridge, located in the 42city of Revere. This shall not include the 8 box culverts structurally built into the Cutler highway 43vehicular bridge and trash racks affixed to the upstream side of the Cutler highway vehicular 44bridge, with the purposes of protecting the 8 box culverts from large debris, sediment, and other 45build up. The department shall be responsible for the inspections, emergency maintenance, 46routine maintenance, reconstruction and repairs to the assets and appurtenant structures pursuant 47to section 4. 48 SECTION 3. The Cutler highway bridge, located in the city of Revere, shall be under the 49care, custody, and control of the Massachusetts Department of Transportation. For the purposes 50of this act, all equipment, and attachments necessary for the operation of the Cutler highway 51bridge including, but not limited to, the 8 box culverts structurally built into the Cutler highway 52vehicular bridge, and trash racks affixed to the upstream side of the Cutler highway vehicular 53bridge shall be under the care, custody and control of the Massachusetts Department of 4 of 6 54Transportation. The Massachusetts Department of Transportation shall be responsible for the 55inspections, emergency maintenance, routine maintenance, reconstruction and repairs to the 56assets and appurtenant structures pursuant to section 5. 57 SECTION 4. (a) The Department of Conservation and Recreation shall, from time to time 58but at least twice annually, conduct routine maintenance and inspections of the assets and 59appurtenant structures identified in section 2 to identify any damage, wear and tear or loss of 60functionality of said structures. 61 (b) The Department of Conservation and Recreation shall be responsible for and shall 62conduct any routine maintenance on the assets and appurtenant structures identified in section 2, 63as required, to ensure that they are functioning properly. 64 (c) The Department of Conservation and Recreation shall be responsible for and shall 65conduct any repairs, reconstruction and emergency repairs on the structures identified in section 662, as required, to ensure that they are functioning properly. 67 SECTION 5. (a) The Massachusetts Department of Transportation shall, from time to 68time but at least twice annually, conduct routine maintenance and inspections of the Cutler 69bridge and structures identified in section 3 to identify any damage, wear and tear or loss of 70functionality of said structures. 71 (b) The Massachusetts Department of Transportation shall be responsible for and shall 72conduct any routine maintenance on the Cutler bridge and structures identified in section 3, as 73required, to ensure that they are functioning properly. 5 of 6 74 (c) The Massachusetts Department of Transportation shall be responsible for and shall 75conduct any repairs, reconstruction and emergency repairs on the Cutler bridge and structures 76identified in section 3, as required, to ensure that they are functioning properly. 77 SECTION 6. (a) Subject to existing permitting requirements, the Massachusetts 78Department of Transportation shall permit Department of Conservation and Recreation personnel 79to pass on and over the Cutler bridge and other property owned by Massachusetts Department of 80Transportation as reasonably necessary to access the assets and appurtenant structures identified 81in section 2 to carry out the requirements of this act. 82 (b) The Department of Conservation and Recreation shall permit elected officials and 83employees of the cities of Malden, Revere and Everett to observe the inspections, routine 84maintenance, repairs, reconstruction and emergency repairs conducted pursuant to section 4. 85 SECTION 7. (a) The Department of Conservation and Recreation shall report the results 86of any inspection conducted pursuant to subsection (a) of section 4 to the Massachusetts 87Department of Transportation, the mayor and city council president of the city of Malden, the 88mayor and city council president of the city of Revere and the mayor and city council president 89of the city of Everett within 90 days of the inspection. 90 (b) The Department of Conservation and Recreation shall notify the mayor and city 91council president of the city of Malden, the mayor and city council president of the city of 92Revere and the mayor and city council president of the city of Everett in writing of any 93maintenance pursuant to subsection (b) of section 4 and any repairs pursuant to subsection (c) of 94section 4. 6 of 6 95 SECTION 8. The costs of carrying out the routine maintenance, repairs, reconstructions, 96inspections and emergency repairs provided for in this act shall be borne by the state agency 97upon which care, custody and control rests.