Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S584 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1600 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 584
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Lydia Edwards
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act modernizing the governance of Port Authority parks in East Boston.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Lydia EdwardsThird Suffolk 1 of 11
16	16	SENATE DOCKET, NO. 1600 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 584
18	18	By Ms. Edwards, a petition (accompanied by bill, Senate, No. 584) of Lydia Edwards for
19	19	legislation to modernize the governance of Port Authority parks in East Boston. Environment
20	20	and Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act modernizing the governance of Port Authority parks in East Boston.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 1 of chapter 349 of the Acts of 1986 is hereby amended as follows:
30	30	2 Clause (6) of said Section 1 of said chapter 349 is hereby amended by striking the first
31	31	3sentence in its entirety, and further amended by striking out the words “lobster facility and
32	32	4waterfront park” and replacing them with the word “parks.”
33	33	5 Clause (7) of said Section 1 of said chapter 349 is hereby amended by striking said clause
34	34	6in its entirety.
35	35	7 Clause (8) of of said Section 1 of said chapter 349 is hereby amended by striking the
36	36	8second sentence of said clause in its entirety, and inserting in place thereof, the following:
37	37	9“Phase I includes the area of the piers referred to as pier 4 and associated upland areas and
38	38	10consists of a park.” 2 of 11
39	39	11 SECTION 2. Section 2 of chapter 349 of the Acts of 1986 is hereby stricken in its
40	40	12entirety and replaced with the following language:
41	41	13 The following words as used in this act shall, unless the context clearly requires
42	42	14otherwise, have the following meanings:-
43	43	15 "Authority", the Massachusetts Port Authority.
44	44	16 "Commissioner", the commissioner of the department.
45	45	17 "Department", the department of conservation and recreation.
46	46	18 "Division", the division of capital asset management and maintenance.
47	47	19 "East Boston", the East Boston section of the city of Boston.
48	48	20 "PAC", the East Boston Project Advisory Committee, Incorporated, consisting of twenty-
49	49	21one members to be appointed pursuant to section 6.
50	50	22 “Parks”, all public open space operated and maintained by the Massachusetts Port
51	51	23Authority in the East Boston section of the city of Boston outside the boundaries of Logan
52	52	24International Airport, namely, Piers Park (Phase I, Phase II and Phase III) located at the piers,
53	53	25Bremen Street Park located adjacent to Bremen Street, the Al Festa Little League field located on
54	54	26Horace Street, and the Narrow Gauge Extension located near the Wood Island Marsh.
55	55	27 "Piers", Piers 1 through 4 located in the East Boston section of the city of Boston which
56	56	28constitute a part of the port properties as defined in chapter 465 of the acts of 1956 as amended.
57	57	29 "Plan", for the park(s) to be located on the Piers will consist of three phases. Phase I is
58	58	30the existing waterfront park being commonly known as “Piers Park” and is located on pier 4 and 3 of 11
59	59	31associated uplands areas as of the passage of this act. Phase II will be a waterfront park on
60	60	32associated upland areas north of pier 3, as more fully described below. Phase III will be a
61	61	33waterfront park on pier 3, as more fully described below. The authority has divided the
62	62	34development of the Piers into three phases, Phase I, Phase II and Phase III, for planning purposes
63	63	35and for review in accordance with sections sixty-one and sixty-two H, inclusive, of chapter thirty
64	64	36of the General Laws with the approval of the secretary of energy and environmental affairs.
65	65	37 The area of the Phase II and Phase III parks shall include at least the following as shown
66	66	38on Sheet Nos. 26N-14E and 26N-15E of the "City of Boston Topographic and Planimetric
67	67	39Survey", dated 1962 and on file with the Boston Redevelopment Authority (the BRA Plan);
68	68	40beginning at the eastern-most edge of Pier No. 1 and a line from that edge to Marginal Road;
69	69	41thence returning along said line to the water's edge at Pier 1; thence running in an easterly
70	70	42direction along said water's edge to the midpoint between Pier 1 and the existing Pier 3; thence
71	71	43running parallel to said eastern-most edge of Pier 1 to the "Pierhead and Bulkhead Line" as
72	72	44shown on the BRA Plan; thence running along said Pierhead and Bulkhead Line (but including
73	73	45the full outline of any existing piers) in a southeasterly direction to a point intersecting the line of
74	74	46the southwestern edge of the Phase I Park extended out to the "Pierhead and Bulkhead Line";
75	75	47then running in a northwesterly direction along the edge of said Phase I Park to a point
76	76	48intersecting the southerly edge of Marginal Street; and then running in a northwesterly direction
77	77	49along the southerly edge of Marginal Street to the point of beginning. The foregoing description
78	78	50is meant and intended to result in a continuous of upland and pier from the edge of Pier 1, to the
79	79	51existing Phase I park (i.e., Piers Park), as described in the FEIR. The Phase III park shall include
80	80	52all pilings, supports, the bulkheads, conveyors and structures thereon or thereunder, the land 4 of 11
81	81	53underneath said Pier 3, and the Phase II park shall include all Pier 3 upland areas located
82	82	54southwest of Marginal Street.
83	83	55 SECTION 3. Section 3 of said chapter 349 is hereby stricken in its entirety and replaced
84	84	56with the following language:
85	85	57 The division, on behalf of the commonwealth and in consultation with the department, is
86	86	58hereby authorized and empowered to do any and all things necessary or convenient to carry out
87	87	59its purposes and exercise the powers conferred by this act, if any.
88	88	60 SECTION 4. Section 4 of said chapter 349 is hereby stricken in its entirety and replaced
89	89	61with the following language:
90	90	62 In addition to all powers otherwise granted to the authority in act or by law, the authority
91	91	63is hereby authorized and empowered:
92	92	64 (a) to enter into an agreement or agreements with the PAC concerning the planning,
93	93	65design, construction, use, operation, security, and maintenance of the parks and setting out the
94	94	66financial responsibilities of both the PAC and the authority relative to these facilities and
95	95	67consistent with the purposes and provisions of this act;
96	96	68 (b) to design in consultation with and subject to review by the PAC, and to construct,
97	97	69improve, maintain, and secure the parks, including associated buildings, facilities and
98	98	70improvements thereon as public parks for the benefit and enjoyment of the general public;
99	99	71 (c) to apply for and receive funds from any source, public or private, by gift, grant,
100	100	72bequest, or otherwise, and to expend the same on behalf of the authority to provide for the
101	101	73design, construction and operation of the parks; 5 of 11
102	102	74 (d) subject to the approval of the PAC, to convey or lease to an individual or entity other
103	103	75than The Trustees of the Reservations, a Massachusetts nonprofit corporation, the Phase III park
104	104	76or any part thereof, including all associated buildings and facilities and improvements thereon,
105	105	77for design, construction, maintenance, operation and use as a public park for the benefit and
106	106	78enjoyment of the general public; and
107	107	79 (e) to do any and all things necessary or convenient to carry out its purposes and
108	108	80exercise the powers conferred by this act.
109	109	81 SECTION 5. Section 5 of said chapter 349 as most recently amended by Section 107 of
110	110	82Chapter 126 of the Acts of 2022, is hereby stricken in its entirety and replaced with the following
111	111	83language:
112	112	84 (a) Any design, construction, demolition, repair or replacement of a park undertaken
113	113	85pursuant to this act shall be deemed a public works pursuant to section 39M of chapter 30 of the
114	114	86General Laws or a building project or construction of a building by a public agency for purposes
115	115	87of sections 44 through 58, inclusive, of chapter 7C and sections 44A through 44H, inclusive, of
116	116	88chapter 149 of the General Laws and chapter 149A of the General Laws, as the same may be
117	117	89applicable, and the prevailing wage law pursuant to sections 26 to 27H, inclusive, of chapter 149
118	118	90of the General Laws shall apply.
119	119	91 (b) Notwithstanding the provisions of this act or any other general or special law to the
120	120	92contrary, any portion of the Phase III Park to be constructed pursuant to this act that is leased by
121	121	93the authority for a period of not less than 99 years to an entity wholly owned by a nonprofit
122	122	94corporation organized for conservation purposes or for the preservation of open space, the
123	123	95construction of such park and the improvements to be located thereon by such nonprofit 6 of 11
124	124	96corporation pursuant to such lease shall not constitute a public works pursuant to section 39M of
125	125	97chapter 30 of the General Laws or a building project or construction of a building by a public
126	126	98agency for purposes of sections 44 through 58, inclusive, of chapter 7C and sections 44A
127	127	99through 44H, inclusive, of chapter 149 of the General Laws and chapter 149A of the General
128	128	100Laws; provided, that the prevailing wage law pursuant to sections 26 to 27H, inclusive, of
129	129	101chapter 149 of the General Laws shall apply.
130	130	102 SECTION 6. Section 6 of said chapter 349 is hereby by stricken in its entirety and
131	131	103replaced with the following language:
132	132	104 Phase I of the parks is comprised of the existing park space located on pier 4 and
133	133	105associated upland areas being commonly known as Piers Park. Construction of Phase II park
134	134	106shall be commenced immediately by the authority, in consultation with the PAC. The authority is
135	135	107hereby directed to move as expeditiously as possible to construct Phase II park. The authority
136	136	108also may proceed with the proposed development of the Phase III park pursuant to the terms of a
137	137	109long-term ground lease with a third party entity in consultation with the PAC regarding design
138	138	110and the PAC’s approval of construction commencement. Notwithstanding the previous sentence,
139	139	111the authority shall have no obligation to commence construction of Phase III of Piers Park until
140	140	112bonds in an amount adequate to meet the expenditure necessary to construct said Phase III of
141	141	113Piers Park have been issued and sold by the state treasurer, as provided for in this section.
142	142	114 (a) PAC Membership. The PAC shall consist of twenty-one (21) members, seven (7) of
143	143	115whom shall be appointed by the district’s house of representatives member, seven (7) of whom
144	144	116shall be appointed by the district’s senate member, and seven (7) of whom shall be appointed by 7 of 11
145	145	117the district city councilor. Except as otherwise provided herein, members of the PAC shall serve
146	146	118for terms of three (3) years.
147	147	119 (b) For the purposes of this act, the term of initial appointments made to the PAC in the
148	148	120first year shall begin on March 31, 2023; provided, however, that all terms shall expire on the
149	149	121last day of the calendar year.
150	150	122 (1) Members shall be divided equally into Class One, Class Two and Class Three.
151	151	123 (i) Class One shall consist of seven (7) members, three (3) of whom shall be appointed by
152	152	124the district’s house of representatives member, two (2) of whom shall be appointed by the
153	153	125district’s senate member, and two (2) of whom shall be appointed by the district city councilor;
154	154	126provided, however, that the term of the initial appointment of Class One members shall be
155	155	127through December 31, 2023; provided further, that subsequent Class One members shall serve
156	156	128for terms of three (3) years.
157	157	129 (ii) Class Two shall consist of seven (7) members, two (2) of whom shall be appointed by
158	158	130the district’s house of representatives member, three (3) of whom shall be appointed by the
159	159	131district’s senate member, and two (2) of whom shall be appointed by the district city councilor;
160	160	132provided, however, that the term of the initial appointment of Class Two members shall be
161	161	133through December 31, 2024; provided further, that subsequent Class Two members shall serve
162	162	134for terms of three (3) years.
163	163	135 (iii) Class Three shall consist of seven (7) members, two (2) of whom shall be appointed
164	164	136by the district’s house of representatives member, two (2) of whom shall be appointed by the
165	165	137district’s senate member, and three (3) of whom shall be appointed by the district city councilor;
166	166	138provided, however, that the term of the initial appointment of Class Three members shall be 8 of 11
167	167	139through December 31, 2025; provided further, that subsequent Class Three members shall serve
168	168	140for terms of three (3) years.
169	169	141 (2) Unless otherwise specified herein, members of the PAC shall serve without
170	170	142compensation for terms of three (3) years.
171	171	143 (3) Members of the PAC must be residents of the East Boston section of the City of
172	172	144Boston at the time of their appointment and for the duration thereof and shall be at least eighteen
173	173	145(18) years of age on the date of their appointment.
174	174	146 (4) Appointments to the PAC shall ensure representation of the demographic, linguistic
175	175	147and geographic diversity of the East Boston section of the City of Boston and shall include, but
176	176	148not be limited to, persons identifying as immigrants, persons of color, seniors, parents or
177	177	149members of groups working with youth, members of groups advocating for the environment or
178	178	150environmental justice communities, persons with disabilities and other demographics with a
179	179	151vested interest in the quality and accessibility of these parks.
180	180	152 (5) In the event a vacancy occurs prior to the expiration of a member’s term, hereinafter,
181	181	153“the unexpired term”, the holder of the office who appointed said member shall appoint a new
182	182	154member to serve for the remainder of the unexpired term.
183	183	155 (6) Notice of all appointments shall be made public by the PAC.
184	184	156 (c) The PAC shall meet from time to time to review the operation, security and
185	185	157maintenance of the parks and shall advise the authority on its compliance with the requirements
186	186	158of this act. The PAC shall create its own bylaws and procedures. 9 of 11
187	187	159 (d) The PAC is hereby authorized and directed to enter into a contract with the authority,
188	188	160which will specify in detail the operational, security and maintenance requirements of the
189	189	161authority with respect to the parks. The PAC and authority shall review the contract from time to
190	190	162time and make amendments to any such contract that are reasonable and necessary in order to
191	191	163maintain continued uninterrupted operation, security and maintenance of the parks. In the event
192	192	164that the term of any such contract between the PAC and the authority concerning the operation,
193	193	165security and maintenance of the parks expires before the PAC and the authority renew such
194	194	166contract or in the event that the authority fails to renew any such contract with the PAC, the
195	195	167operation, security and maintenance obligations of the authority as provided in the most recently
196	196	168executed contract between the PAC and the authority shall continue until such time as a new or
197	197	169amended contract has been executed. The PAC shall also advise the authority as to the other
198	198	170issues in East Boston concerning the authority. The authority shall pay for the reasonable
199	199	171operating expenses of the PAC.
200	200	172 (e) The PAC shall approve all preliminary and final designs for new parks, and no
201	201	173construction for such parks may commence without approval of the PAC.
202	202	174 SECTION 7. Section 7 of said chapter 349 is hereby amended by striking all instances of
203	203	175the words “and lobster facility” as such words may appear throughout Section 7.
204	204	176 SECTION 8. Section 8 of said chapter 349 is hereby replaced with the following
205	205	177language:
206	206	178 The authority shall fund the final design, construction, operation, and maintenance of the
207	207	179Phase I park, and the final designs of the Phase II and Phase III parks. Notwithstanding the
208	208	180foregoing, the authority shall have no obligation to fund construction of the Phase III park unless 10 of 11
209	209	181and until bonds are issued by the commonwealth to meet the expenditure necessary to construct
210	210	182the Phase III park.
211	211	183 The authority shall have responsibility for the operation, security and maintenance of the
212	212	184parks. The authority shall enter into a contract with the PAC setting forth the standards by which
213	213	185said authority shall operate, secure and maintain the parks, such contracted standards shall be at
214	214	186least comparable to operation, security and maintenance standards employed by similar
215	215	187waterfront parks in the region. It shall be the responsibility of the authority, at all times, to
216	216	188provide adequate staffing levels necessary to operate, secure and maintain the parks in
217	217	189conformance with the contracted standards. Said contract shall provide that a penalty shall be
218	218	190assessed against said authority for any failure to comply with said contracted standards. Any and
219	219	191all such penalties shall be paid by said authority to the PAC to be placed in a separate account for
220	220	192the maintenance of the Parks. The PAC and authority shall review the contract from time to time
221	221	193and make amendments to any such contract that are reasonable and necessary in order to
222	222	194maintain continued uninterrupted operation, security and maintenance of the parks in
223	223	195conformance with the contracted standards. In the event that the term of any such contract
224	224	196between the PAC and the authority concerning the operation, security and maintenance of the
225	225	197parks expires before the PAC and the authority renew such contract or in the event that the
226	226	198authority fails to renew any such contract with the PAC, the operation, security and maintenance
227	227	199obligations of the authority as provided in the most recently executed contract between the PAC
228	228	200and the authority shall continue until such time as a new or amended contract has been executed.
229	229	201 SECTION 9. Section 9 of said chapter 349 is hereby amended by striking the first
230	230	202sentence and replacing it with the following: 11 of 11
231	231	203 Except as otherwise set forth in this act, the authority shall fund from its general revenues
232	232	204the final design, construction, operation and maintenance of the Phase I and Phase II. Further,
233	233	205except as otherwise set forth in this act, the authority shall also fund from its general revenues
234	234	206the final design, construction, operation and maintenance of the Phase III park, unless it is
235	235	207conveyed, transferred, assigned, or long-term leased to another entity in accordance with the
236	236	208provisions of section 4 of this act.
237	237	209 SECTION 10. Section 10 of said chapter 349 is hereby stricken in its entirety and
238	238	210replaced with the following language: “Intentionally deleted.”
239	239	211 SECTION 11. Section 11 of said Chapter 349 is hereby stricken in its entirety and
240	240	212replaced with the following language:
241	241	213 Any and all revenues received by the authority from the parks from rentals, fees, or any
242	242	214other charge or source, other than grants made for specific purposes relating to the parks, shall be
243	243	215deposited with the authority and applied to the operation and maintenance of the parks.
244	244	216 SECTION 12. Notwithstanding any general or special law to the contrary, all existing
245	245	217membership and bylaws of the PAC are hereby dissolved as of March 31, 2023; provided,
246	246	218however, that initial appointments of the members to the PAC after the date of this act shall be
247	247	219made as soon as practicable pursuant to section 6 of this act.