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2 | 2 | | SENATE DOCKET, NO. 2036 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2111 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Nick Collins |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act authorizing the Division of Capital Asset Management and Maintenance to convey an |
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13 | 13 | | easement across certain property in the Dorchester section of the city of Boston to the Boston |
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14 | 14 | | Gas Company. |
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15 | 15 | | _______________ |
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16 | 16 | | PETITION OF: |
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17 | 17 | | NAME:DISTRICT/ADDRESS :Nick CollinsFirst Suffolk 1 of 4 |
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18 | 18 | | SENATE DOCKET, NO. 2036 FILED ON: 1/17/2025 |
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19 | 19 | | SENATE . . . . . . . . . . . . . . No. 2111 |
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20 | 20 | | By Mr. Collins, a petition (accompanied by bill, Senate, No. 2111) of Nick Collins for legislation |
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21 | 21 | | to authorize the Division of Capital Asset Management and Maintenance to convey an easement |
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22 | 22 | | across certain property in the Dorchester section of the city of Boston to the Boston Gas |
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23 | 23 | | Company. State Administration and Regulatory Oversight. |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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27 | 27 | | (2025-2026) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act authorizing the Division of Capital Asset Management and Maintenance to convey an |
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30 | 30 | | easement across certain property in the Dorchester section of the city of Boston to the Boston |
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31 | 31 | | Gas Company. |
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32 | 32 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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33 | 33 | | of the same, as follows: |
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34 | 34 | | 1 SECTION 1. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General |
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35 | 35 | | 2Laws or any other general or special law to the contrary, the commissioner of capital asset |
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36 | 36 | | 3management and maintenance, in consultation with the chancellor of the University of |
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37 | 37 | | 4Massachusetts Boston, may convey to Boston Gas Company, or its successors, assigns or |
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38 | 38 | | 5affiliates, a non-exclusive easement to install, construct, reconstruct, alter, extend, operate, |
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39 | 39 | | 6inspect, maintain, repair, renew, modify, replace, remove, operate, abandon and otherwise |
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40 | 40 | | 7change an underground natural gas distribution system for the distribution of natural gas to and |
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41 | 41 | | 8from the property located at 100 Morrisey boulevard in the Dorchester section of the city of |
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42 | 42 | | 9Boston. The parcel of land upon which the easement may be granted was taken for the purposes |
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43 | 43 | | 10of the University of Massachusetts and is more particularly described as “Parcel F” in an order of |
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44 | 44 | | 11taking dated November 17, 1969 filed with the Suffolk county district of the land court as 2 of 4 |
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45 | 45 | | 12document number 296432, certificate number 53857 and recorded with the Suffolk country |
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46 | 46 | | 13registry of deeds in book 8331, page 118, and shown as parcel “F” on a plan of land entitled, |
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47 | 47 | | 14“Plan of Land in Boston (Dorchester) Mass. University of Massachusetts Columbia Point Site”, |
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48 | 48 | | 15dated October 6, 1969 and recorded with the Suffolk county registry of deeds in plan book 8324, |
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49 | 49 | | 16plan 505. Said natural gas distribution system shall include certain underground and grade level |
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50 | 50 | | 17gas systems currently existing on said Parcel F and the installation of a standard gas main |
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51 | 51 | | 18running from the existing gas systems to Bianculli boulevard and Morrissey boulevard. The |
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52 | 52 | | 19easement area is approximately shown as “PROPOSED GAS EASEMENT AREA = 5,425 SF |
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53 | 53 | | 20±” on a plan of land entitled “SKETCH TO ACCOMPANY EASEMENT FOR THE |
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54 | 54 | | 21PROPOSED INSTALL OF 12-INCH PLASTIC 60 PSIG GAS MAIN ON PRIVATE |
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55 | 55 | | 22PROPERTY”, which is on file with the division of capital asset management and maintenance. |
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56 | 56 | | 23The easement shall include the right to pass and repass over, across and upon said property at |
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57 | 57 | | 24100 Morrissey boulevard in Dorchester section of the city of Boston from Morrissey boulevard |
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58 | 58 | | 25and Bianculli boulevard to the easement area by foot or vehicle as may be necessary from time to |
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59 | 59 | | 26time for the foregoing purposes. |
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60 | 60 | | 27 SECTION 2. The grantee shall be responsible for all costs and expenses including, but |
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61 | 61 | | 28not limited to, costs associated with any engineering, appraisals, surveys and deed preparation |
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62 | 62 | | 29related to the conveyance authorized in this section as such costs may be determined by the |
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63 | 63 | | 30commissioner of capital asset management and maintenance. The grant of easement shall be |
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64 | 64 | | 31substantially in the form of Boston Gas Company’s standard easement for similar installations in |
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65 | 65 | | 32the commonwealth prepared in accordance with its distribution service terms and conditions as |
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66 | 66 | | 33approved by the department of public utilities. 3 of 4 |
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67 | 67 | | 34 SECTION 3. Consideration for the conveyance of the easement pursuant to section 1 |
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68 | 68 | | 35shall be the greater of: (i) the full and fair market value; or (ii) the value in proposed use. Any |
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69 | 69 | | 36independent appraisal of the fair market value and value in proposed use of the easement |
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70 | 70 | | 37described in section 1 shall be prepared in accordance with the usual and customary appraisal |
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71 | 71 | | 38practices by a qualified appraiser commissioned by the commissioner. The commissioner of |
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72 | 72 | | 39capital asset management and maintenance shall submit the appraisal and a report thereon to the |
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73 | 73 | | 40inspector general for review and comment. The inspector general shall review and approve the |
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74 | 74 | | 41appraisal and the review shall include an examination of the methodology used for the appraisal. |
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75 | 75 | | 42The inspector general shall prepare a report of the review and file the report with the |
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76 | 76 | | 43commissioner of capital asset management and maintenance for submission by the commissioner |
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77 | 77 | | 44to the house and senate committees on ways and means and the house and senate chairs of the |
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78 | 78 | | 45joint committee on state administration and regulatory oversight. The commissioner shall submit |
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79 | 79 | | 46copies of the appraisal, the report thereon and the inspector general’s review and approval, and |
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80 | 80 | | 47comments, if any, to the house and senate committees on ways and means and the house and |
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81 | 81 | | 48senate chairs of the joint committee on state administration and regulatory oversight prior to the |
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82 | 82 | | 49execution of the conveyance authorized by this act. |
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83 | 83 | | 50 SECTION 4. There shall be established and set up on the books of the commonwealth a |
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84 | 84 | | 51separate, non-budgeted special revenue fund known as UMass Boston Morrisey Boulevard |
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85 | 85 | | 52Easement Fund, which shall be administered by the chancellor of the University of |
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86 | 86 | | 53Massachusetts Boston. The fund shall be credited with: (i) the proceeds realized from the |
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87 | 87 | | 54disposition authorized in section 1; (ii) any appropriation, grant, gift or other contribution made |
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88 | 88 | | 55to the fund; and (iii) any interest earned on money in the fund. Amounts credited to the fund 4 of 4 |
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89 | 89 | | 56shall be expended, without further appropriation, for the purposes of the University of |
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90 | 90 | | 57Massachusetts Boston. |
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91 | 91 | | 58 The unexpended balance in the fund at the end of a fiscal year shall remain available for |
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92 | 92 | | 59expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund |
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93 | 93 | | 60to be in deficit at any point. The fund shall terminate upon expenditure of all money credited to |
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94 | 94 | | 61the fund. |
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