Section 193 MCI Concord Closure 2

(a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may sell, lease for a term not to exceed 99 years, transfer or otherwise dispose of the Massachusetts Correctional Institution, Concord facility in the town of Concord which is currently used for correctional purposes. The commissioner of capital asset management and maintenance may determine the final boundaries of the parcels to be conveyed after completion of a survey.

(b)(1) The commissioner of capital asset management and maintenance shall study the existing conditions of the site of the real property described in subsection (a) and plan for the reuse of said property. The commissioner shall consult stakeholders including, but not limited to: (i) the secretary of housing and livable communities, or a designee; (ii) the secretary of transportation, or a designee; (iii) the secretary of public safety and security, or a designee; (iv) members of the select board of the town of Concord, or their designees; (v) members of any advisory body established by the select board of the town of Concord regarding the reuse of the Massachusetts Correctional Institution, Concord; (vi) the chair of the board of the Concord Housing Development Corporation, established pursuant to chapter 275 of the acts of 2006, or a designee; (vii) the Concord representative to the metropolitan area planning council; (viii) district council chair of the Urban Land Institute Boston/New England, or a designee; (ix) executive director of the Concord Business Partnership, or a designee; and (x) executive director of OARS, Inc., or a designee.

(2) Not less than 60 days prior to finalizing the study, the commissioner shall hold not less than 3 public hearings in the town of Concord, with an option for virtual participation, to receive public comment on the site planning and reuse of the property described in subsection (a); provided, however, that the commissioner shall provide timely notice of the public hearings. The first public hearing shall take place not later than 45 days after the effective date of this act.

(3) The commissioner shall prepare a written report summarizing the study findings pursuant to paragraph (1), which shall include, but not be limited to: (i) a summary of existing site conditions identified during the study; (ii) a summary of the provisions of existing and ongoing municipal plans, including the town of Concord's Envision Concord: Bridge to 2030 plan, Concord's zoning bylaws affecting the property described in subsection (a) and any ongoing or completed studies or reports by the advisory body established by the select board of the town of Concord regarding the reuse of the Massachusetts Correctional Institution, Concord; (iii) a summary of state, regional and local plans and policies that may affect or guide use of the property described in subsection (a), including, but not limited to, plans and policies encouraging the development of a variety of housing options, commercial and retail opportunities, jobs and open space and policies encouraging smart growth; (iv) a summary of input provided at the public hearings held pursuant to paragraph (2) and the input of each of the stakeholders described in paragraph (1); (v) an evaluation of the specific plan, including land use, density and site access recommended by the advisory body established by the select board of the town of Concord regarding the reuse of the Massachusetts Correctional Institution, Concord; and (vi) the potential reuses and use restrictions, if any, the commissioner deems appropriate for the property described in subsection (a).

(4) The commissioner shall file the report prepared pursuant to paragraph (3) with the clerks of the senate and house of representatives not less than 60 days prior to the sale, lease, transfer or other disposition of the property described in subsection (a); provided, however, that notwithstanding paragraph (5) the commissioner may, prior to the filing of the report: (i) grant easements and rights of access to the town of Concord; (ii) convey all or part of the property described in subsection (a) to the town of Concord in a manner consistent with paragraph (5); and (iii) convey or grant easements of any portion of the property to the Massachusetts Department of Transportation for the sole purpose of making improvements to state highway route 2.

(5) The commissioner shall dispose of the Massachusetts Correctional Institute, Concord real property: (i) by utilizing appropriate competitive processes and procedures; or (ii) through a sales-partnership agreement in accordance with subsection (d) with the town of Concord. Such competitive processes may include, without limitation, absolute auction, sealed bids and requests for price and development proposals. The real property shall be conveyed without warranties or representations by the commonwealth and shall be on such terms and conditions as the commissioner determines.

(c) A sales-partnership agreement pursuant to paragraph (5) of subsection (b) may: (i) require the town of Concord to conduct a competitive process and select a developer prior to disposition of the real property by the commonwealth; provided, however, that the commissioner of capital asset management and maintenance may transfer the real property directly to the developer selected by the town of Concord; or (ii) authorize the town of Concord to sell or lease the real property directly to a developer pursuant to chapter 30B of the General Laws. The consideration for the disposition of the real property to the town of Concord pursuant to a sales-partnership agreement shall be $1. If the town of Concord sells or leases any portion of the real property or the commonwealth disposes of real property directly to the developer selected by the town of Concord pursuant to a sales-partnership agreement, the net proceeds from such sale or lease as agreed to by the commissioner of capital asset management and maintenance and the town of Concord shall be allocated between the town of Concord and the commonwealth in equal shares; provided, however, that the commissioner may agree to reduce the share of the commonwealth's proceeds to not less than 40 per cent of the net proceeds in order to provide certain incentives to expedite the sale, lease or permitting of redevelopment by the town of Concord.

(d) Notwithstanding subsection (b) but subject to subsections (f) to (j), inclusive, the commissioner of capital asset management and maintenance may, not later than 30 days after the effective date of this act, make an offer to transfer the wastewater treatment facility located at Massachusetts Correctional Institution, Concord, and any other real property necessary thereto, to the town of Concord for a direct public use, as defined in section 33 of chapter 7C of the General Laws; provided, that the town of Concord shall have, as a right of first refusal, not less than 180 days to accept the commissioner's offer to acquire the property. Upon a refusal of the town of Concord of the commissioner's offer, including the expiration of said offer, the commissioner may dispose of the wastewater treatment facility and any other real property necessary thereto pursuant to said subsection (b).

(e) Not less than 30 days before the date of an auction or the date on which bids or proposals or other offers to purchase or lease the real property are due, the commissioner of capital asset management and maintenance shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating the availability of such property, the nature of the competitive process and other information deemed relevant, including the time and location of the auction, the submission of bids or proposals and the opening thereof. The commissioner shall not be required to place such notice if the property is conveyed to the town of Concord or a developer selected by the town of Concord in accordance with a sales-partnership agreement. Not less than 30 days before the date of an auction or the date on which bids or proposals or other offers to purchase or lease the real property are due, the commissioner of capital asset management and maintenance shall notify, the chair of the select board of the town of Concord and the members of the general court representing the town in writing regarding the availability of such property.

(f) The commissioner of capital asset management and maintenance shall establish the value of the real property through procedures customarily accepted by the appraising profession as valid for determining property value. The value shall be calculated both for: (i) the highest and best use of the property as may be encumbered; and (ii) subject to uses, restrictions and encumbrances defined by the commissioner. The commissioner shall submit the appraisal required by this subsection to the inspector general for review and comment. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of the review and file the report with the commissioner of capital asset management and maintenance for submission by the commissioner to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. The commissioner shall submit copies of the appraisal and the inspector general's review and approval and comments, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight not less than 15 days prior to the execution of any documents effecting any transfers authorized by this section.

(g) The commissioner of capital asset management and maintenance shall place a notice in the central register identifying the municipality, public agency, individual or firm selected as the party to such real property transaction and the amount of the transaction. If the commissioner accepts an amount below the value calculated pursuant to subsection (f), the commissioner shall include the justification therefore, specifying the difference between the calculated value and the price received.

(h) Notwithstanding subsection (b), the commissioner of capital asset management and maintenance may retain or grant rights of way or easements for access, egress, utilities and drainage across the property described in subsection (a) and across other property owned by the commonwealth that is contiguous to the property described in subsection (a) and may accept such rights of way or easements for access, egress, utilities and drainage as the commissioner considers necessary and appropriate to carry out this section.

(i) No agreement for the sale, lease, transfer or other disposition of real property pursuant to this section and no deed executed by or on behalf of the commonwealth shall be valid unless such agreement or deed contains a certification, signed by the commissioner of capital asset management and maintenance that certifies compliance with this section and which includes the following statement:

"The undersigned certifies under penalties of perjury that I have fully complied with the requirements of law related to any real property transfer of the parcel of land known as Massachusetts Correctional Institution, Concord."

(j) No agreement for the sale, lease, transfer or other disposition of real property pursuant to this section shall be valid unless the purchaser or lessee has executed and filed with the commissioner of capital asset management and maintenance the statement required by section 38 of chapter 7C of the General Laws.

(k) The grantee or lessee of any real property disposed of pursuant to this section shall be responsible for all costs, including, but not limited to, appraisals, surveys, plans, recordings and any other expenses relating to the disposition as deemed necessary by the commissioner of capital asset management and maintenance.