Text of bill establishing Massachusetts Millennium Greenway Trust

RELATED STORY Bill to create Surface Artery trust in peril

WHEREAS, the deferred operation of this act would tend to defeat its purpose, which is to immediately provide for the creation of the Massachusetts Millennium Greenway Trust, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

The General Laws are hereby amended by inserting after chapter 40P the following chapter:

Section 1. (a) The Massachusetts Millennium Greenway Trust is hereby established for the purpose of planning, operating, designing, redesigning, managing, constructing, reconstructing, improving, rehabilitating, financing, refinancing, controlling and maintaining the Rose Kennedy Greenway, so-called, created by section 117 of chapter 205 of the Acts of 1996 and the corridor parcels as defined herein. Said Trust is hereby charged with receiving, generating, managing, investing and expending all monies deposited into the accounts of the Massachusetts Millennium Greenway Trust Fund as established and provided herein. All monies so received, generated, managed, expended and invested by the Trust shall be for the exclusive purpose of funding the planning, designing, redesigning, constructing, reconstructing, operating, managing, improving, rehabilitating, financing, refinancing, and maintaining the said Rose Kennedy Greenway and the corridor parcels as defined herein.

(b) The Trust is a body politic and corporate which shall not be subject to the supervision or regulation of any executive office, department, commission, board, bureau or agency of the Commonwealth except to the extent and in the manner provided in this chapter. The Trust is hereby constituted as a public instrumentality.

(c) The Trust, Trustees and employees shall be subject to section 11A and section 11A1/2 of chapter 30A and to chapter 66. Neither the Trust, its agents, employees consultants or advisors shall be subject to the provisions of section 3B of chapter 7, the provisions of section 9A, 45, 56 and 52 of chapter 30, chapter 30B or chapter 31.

As used in this chapter, the following words shall have, unless their context clearly indicates otherwise, the following meanings:

"Advisory board", the advisory board of the Massachusetts Millennium Greenway Trust established by this chapter.

"Annual operation and maintenance funds", all monies received from the special assessment of certain properties located within the Artery Betterment District as established by this chapter and any other fees, charges or licenses generated within the corridor by the Trust for annual operation, management, maintenance, programming, personnel and related expenses of the Trust; provided, that all monies received shall be credited to the "annual operation and maintenance" account within the Fund and used exclusively for such purposes.

"Artery Betterment District", a special assessment district created within the framework of chapter 80 of the General Laws with such modifications as provided in section 8 of this chapter composed of certain properties located partially or entirely within a quarter mile perimeter of the corridor as defined herein and as illustrated on the Corridor Map.

"Board of directors", the board of directors of the Massachusetts Millennium Greenway Trust established by this chapter.

"Capital and endowment funds", all monies received from any source, including but not limited to an appropriation, gift, donation, sale of property, lease or development fees for the specific purpose of capital expenditures for construction of buildings, parks, roads and other structures shall be credited to a "capital and endowment" account within the Fund and used exclusively for such purposes.

"Central artery", the facility defined in section three of chapter 81A of the General Laws.

"Corridor", the land, air rights, subterranean rights above the so-called tunnel box and related structures, and all other interests in real estate, built and rebuilt, over and along the central artery as more specifically shown on the Corridor Map as defined below, and as referenced in that certain certificate issued by the secretary of environmental affairs and dated January 2, 1991, including, but not limited to, the so-called development parcels and park parcels as defined below, and any other real estate interest from certain parcels abutting Causeway Street in the city of Boston to and including the parcels abutting Kneeland Street in the city of Boston, parcels transferred pursuant to chapter 81 of the General Laws and any additional open space parcels or other real estate interest acquired by the Trust pursuant to section sixteen herein. All activities within the corridor shall be subject to all building, zoning, fire, garage, and other applicable rules, ordinance or regulation in the city of Boston.

"Corridor Map", the map prepared by the Boston Redevelopment Authority entitled: "Central Artery Corridor Study", dated May 2002, on file with the City of Boston Clerk's Office.

"Development parcels", the land, air rights, subterranean rights above the so-called tunnel box and related structures and all other interests in real estate, built and rebuilt, within the corridor as more specifically shown on the Corridor Map identified as "Development Parcel", including parcels, 1, 1a, 1b, 2, 2a, 2b, 2c, 7, 9, 11a, 11b, 24, 25, 26b, 27 and the Tunnel Administration Building subject to the Final Corridor Plan provided in section 7 of this chapter. Said development parcels shall be subject to all applicable state and federal rules, regulations, and laws, orders of courts of competent jurisdiction, and state and federal approvals associated with the design and construction of the Central Artery/Third Harbor Tunnel Project, and all building, zoning, fire, garage, or other applicable rules, ordinance or regulation in the city of Boston.

"Horticultural society parcels", the portions of the corridor parcels previously designated for development and use by the Massachusetts horticultural society pursuant to and in accordance with this chapter and as more specifically shown as parcels 19, 21 and 22 on the Corridor Map.

"Non-corridor parcels", the land, air rights, subterranean rights and all of the interests in the open space and other real estate, built and unbuilt, created as a result of the Central Artery/Third Harbor Tunnel Project and located outside of the Corridor. Said non-corridor parcels shall subject to all applicable state and federal rules, regulations, and laws, orders of courts of competent jurisdiction, and state and federal approvals associated with the design and construction of the Central Artery/Third Harbor Tunnel Project.

"Park parcels", the land, air rights, subterranean rights above the so-called tunnel box and related structures, and all other interests in real estate, built and rebuilt, within the Corridor as more specifically shown on the Corridor Map and identified as "Park Parcel", including parcels 5, 6, 8, 10, 12, 13, 14, 15, 16, 17a, 17b, 18, 23a, 23b, 23c and 23d and Portal Park, Tunnel Administration Park and Gateway Park subject to the Final Corridor Plan provided in section 7 of this chapter. All development within the Corridor shall be subject to all applicable state and federal rules, regulations, and laws, orders of courts of competent jurisdiction, and state and federal approvals associated with the design and construction of the Central Artery/Third Harbor Tunnel Project, including but not limited to that certain certificate issued by the secretary of environmental affairs on the final supplemental environmental impact report for the central artery/third harbor tunnel project and dated January 2, 1991; and to all building, zoning, fire and other applicable rules, ordinance or regulation in the City of Boston.

"Revenues", (i) all appropriations, contributions, rates, fees, payments or other charges and other earned income and receipts as derived from or with respect to the ownership, operation, development, lease, management, rental or other use and disposition of the corridor or any part or parts thereof, and (ii) all other funds received by the Board of Trustees or credited to or deposited in the Fund and credited to the appropriate account from whatever source.

"Rose Kennedy Greenway", the Rose Kennedy Greenway designated in section 117 of chapter 205 of the Acts of 1996, consisting of park parcels and accessory special features located in the streets and sidewalks within the corridor.

"Trust", the Massachusetts Millennium Greenway Trust established by this chapter.

"Trustees", the Board of Trustees of the Massachusetts Millennium Greenway Trust.

1. The Fund shall be managed by the Board of Trustees of the Massachusetts Millennium Greenway Trust established in section five of this chapter.
2. Within said Fund, there shall exist a separate account identified as "capital and endowment" and a separate account identified as "annual operation and maintenance"; provided that all monies credited to or received by the Fund for "capital and endowment" shall be used exclusively for such purposes; and provided further, that all monies credited to or received by the Fund for "operation and maintenance", including funds received from the artery betterment district established in section 8 or from any fees, charges or licenses generated as provided for herein shall be used exclusively for such purposes.

Section 4. Fiduciary Responsibility of Trust to Manage Fund

(a) The Trust shall have the fiduciary responsibility to manage the Fund to which shall be credited (i) any monies appropriated to said Trust by the Commonwealth, the city of Boston, a public authority or any other source pursuant to this act; (ii) any appropriation, grant, gift or any other contribution, both public and private, made to said Trust; and (iii) any income or revenues from any investments or from the use, operation or management of the Rose Kennedy Greenway and the corridor parcels as defined herein;

(b) All sums appropriated to, received by or credited to said Fund shall be used solely for the purposes of said Trust; and

(c) All funds, appropriated to or credited to said Fund that remain unexpended at the end of a fiscal year shall remain in the Fund and shall not revert to the general fund of the Commonwealth or be used for any other purpose other than the purposes of said Trust.

Section 5. Massachusetts Millennium Greenway Trust; Board of Trustees; Officers

(a) The Trust shall be managed by a board to be known as the Massachusetts Millennium Greenway Trust Board of Trustees, which shall be responsible for and have control of the planning, design, operation, control, management and maintenance of the Trust, including any investment, reinvestment or encumbrance of assets of said Trust consistent with the fiduciary duties of trustees pursuant to the applicable state and federal laws governing non-profit, charitable entities.

(b) The Trust shall consist of seven members who shall be appointed as provided hereunder and the Chair of the Board of Directors serving as an ex-officio, non-voting member of the Board of Trustees. Five members shall be appointed by the governor, one of whom shall be affiliated with a cultural, historical, educational or environmental institution in the City of Boston. Two members shall be appointed by the mayor of the city of Boston, one of whom shall be a member of the Artery Business Committee or if said committee no longer exists a member of the Greater Boston Chamber of Commerce. The Mayor of Boston, with the advice and consent of the governor, shall designate one member of the Trust to serve as chairman of the Trust during his term of office as a member. The members of the Trust first appointed by the governor shall continue in office for terms expiring as follows: the first member on December 31, 2008; the second and third members on December 31, 2009; the fourth and fifth members on December 31, 2010. The members of the Trust first appointed by the mayor shall continue in office for terms expiring as follows: the first member on December 31, 2008; and the second member on December 31, 2010. The terms of each such member designated by the governor and mayor shall continue until his successor is duly appointed and qualified. A Trustee shall be eligible for reappointment provided that any trustee shall serve no more than two terms. The successor for each such member shall be appointed for a term of 7 years and until his successor shall be duly appointed and qualified, except that any person appointed to fill a vacancy shall serve only for the unexpired term and until his successor shall be duly appointed and qualified. Members of the Trust shall serve without compensation. Each member of the Trust before entering upon his duties shall take an oath before the governor to administer the duties of his office faithfully and impartially, and a record of such oaths shall be filed in the office of the secretary of the commonwealth.

The chairman of the Massachusetts Millennium Greenway Trust Board of Directors created herein shall be an ex-officio, non-voting member of the Board of Trustees.

3. The Trust shall select an executive director and other professional, administrative and clerical staff as necessary and appropriate who shall serve at the pleasure of the Trustees and who shall be paid a salary and benefits to be determined by the Trustees. The executive director and any other employee of the Trust shall be considered state employees. The executive director shall, with the approval of the Trustees : (i) plan, direct, manage, implement, organize and execute administrative policy and investment functions in conformity with the policies and directives of the Trust; (ii) direct and supervise professional, administrative and clerical staff; (iii) report to the Trust on all operations under his or her control and supervision, prepare an annual budget and manage the administrative expenses of the Trust; and (iv) undertake any other activities necessary to implement the powers and duties of the Trust consistent with the purpose of this chapter.

Section 6. Purpose of Trust; Power and Duties of Trustees

(a) The purpose for which the Trust is created and for which the Fund shall be held, administered, and expended by the Board of Trustees shall be for the planning, designing, redesigning, constructing, reconstructing, administering, operating, managing, improving, rehabilitating, financing, refinancing and maintaining of the Rose Kennedy Greenway and any other properties of any kind or nature within the control or jurisdiction of the Trust and as necessary to implement the provisions of this chapter, including corridor parcels as defined herein and non-corridor parcels subject to the provisions of section 14 of this chapter. All funds appropriated to or received by the Trust from any source shall be used solely for the said Greenway and the corridor parcels as defined herein and consistent with the purposes of this chapter.

1. (b) Without limiting the generality of the foregoing and other powers of the Trust, the Trust shall have the power acting by and through its Board of Trustees: to adopt bylaws, trust agreements or other requirements for a non-profit, charitable entity, for the regulation of its affairs and the conduct of its business consistent with all appropriate federal and state laws;
2. to maintain an office or offices at such place or places within the commonwealth as it may determine;
3. to sue and be sued in its own name, plead and be impleaded;
4. to invest and reinvest endowment funds and revenues;
5. to design, construct, maintain, repair, reconstruct, improve, rehabilitate, finance, refinance the corridor or any part or parts thereof as it may determine;
6. to lease, as lessor or lessee, or license, as licensor or licensee after thirty days written notice to receive any comments from the board of directors, on such terms and conditions and in such manner as it may deem proper, such interest or interests in real property as it may deem necessary for carrying out the provisions of this chapter;
7. to acquire, by deed, long term lease or otherwise, corridor parcels or other real estate interests over, under and adjacent to the corridor, and to exercise oversight over the design, construction, maintenance, repair, reconstruction, improvement, rehabilitation, financing, refinancing, use, administration, control and operation of said parcels and real estate interests as part of the corridor;
8. to designate the locations, and establish, limit and control such points of ingress to and egress from the corridor as may be necessary or desirable in the judgment of the Trust to insure the proper operations and maintenance of the corridor, and to prohibit entrance to the corridor from any point or points not so designated provided that the right of the public to use and enjoy the Corridor is not reasonably infringed upon;
9. to enter upon the corridor and any adjacent land and premises as appropriate for the purpose of making surveys and examinations as the Trust may deem necessary, convenient or desirable for carrying out the purposes of this chapter and such entry shall not be deemed a trespass;
10. to make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter , including but not limited to agreements with (i) prospective and actual owners, developers and tenants of the development parcels, (ii) the city of Boston for the provision of police, fire, emergency medical and other basic city services, including but not limited to street and sidewalk cleaning, snow plowing and trash removal, necessary for the operation of the corridor and the maintenance of the public safety and convenience; provided that such services shall be provided by the City of Boston without cost to the Trust; and (iii) city or state departments, agencies or authorities, including the Massachusetts Turnpike Authority; provided that all such contracts, leases or other agreements for the use or disposition of the corridor, or any portion or portions thereof, that have a term in excess of thirty years shall, with the exception of contracts, leases or other agreements entered into between the Trust and city or state departments, agencies or authorities, be approved as may be required by the appropriate government entity;
11. to designate the Massachusetts horticultural society as the developer of a portion of the corridor in accordance with the terms of section 11 of this chapter;
12. to approve, modify or reject an annual budget as recommended by the board of directors as provided for in section 18 of this chapter or as the Trustees may determine for the implementation of the provisions of this chapter which shall include but not be limited to a maintenance plan, capital improvement plan and a ten year financial plan; provided that said budget shall be filed annually with the Governor, the President of the Senate, the Speaker of the House of Representatives and the Mayor of the City of Boston;
13. to receive and accept from any city, state or federal agency or authority grants for or in aid of the corridor or Greenway, and to receive and accept aid or contributions from any source, public or private, of money, property, labor and other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made consistent with the Trust;
14. to receive corridor revenues and other funds, both private and public, and to enter into finance arrangements, incur debt, and do all acts and things necessary to fulfill the purposes of this chapter provided, however, that no debt, loan or other instrument issued by or on behalf of the Trust shall be reliant on the full faith and credit of the commonwealth;
15. to engage accounting, management, planning, architectural, construction, design, legal, financial, engineering, consulting and other professional services to carry out the powers expressly granted by this chapter or required by all federal and state laws;
16. to engage in activities to raise funds and revenues, including the formation of any groups, entities or committees to do so subject to applicable state and federal laws;
17. to engage in and oversee the developer selection, use determination, design, construction, management, and maintenance of all development parcels, subject to applicable oversight and approvals of governmental entities;
18. to engage in and oversee the designer selection, design, construction, operation, maintenance, and replacement of the park parcels; and engage in the designer selection, design, construction, operation, maintenance and replacement of accessory special features located in the streets and sidewalks adjacent to but outside such parcels;
19. to coordinate the design and construction of development parcels with the design and operation of adjacent parklands;
20. to comply with the provisions of Executive Order 390 of 1996 in negotiating and entering into contracts authorized by this chapter;
21. to include in the annual report, the following:

(a) the number of contracts entered into as of that date; (b) the number of contracts entered into with minority businesses; (c) the number of contracts entered into with women-owned businesses; (d) the dollar value of contracts entered into with minority businesses; (e) the dollar value of contracts entered into with women-owned businesses; (f) the total number of employees working on such contract; (g) the total number of employees working on such contract, broken down by race, ethnicity and gender; and (h) the total number of Boston residents working on such contracts;

22. to prepare or cause to be prepared a corridor plan as provided for in section 7 and section 18 (iii) of this chapter and any such amendments thereto provided that such amendments shall also be made pursuant to said section 7 and section 18 (iii);
23. to do all acts and things necessary or convenient to carry out the powers expressly granted in this chapter consistent with all federal and state laws;

Section 7. Corridor Parcels

The Trust is hereby authorized and directed to prepare or cause to be prepared a Final Corridor Plan that shall, (1) establish specific plans and objectives respecting open space designs, features and uses, public transportation improvements, community facilities and other improvements proposed within the corridor and the areas adjacent thereto; (2) identify and designate the development parcels; provided, however, that such identification shall not exceed the allocation of development parcels established for such parcels within that certain certificate issued by the secretary of environmental affairs on the final supplemental environmental impact report for the central artery/third harbor tunnel project and dated January 2, 1991; (3) enter into a memorandum of understanding with the City of Boston relative to land use plans, air rights, zoning restrictions and environmental impacts associated with the corridor within the territorial limits of the City of Boston; (4) seek appropriate approval and/or waivers from the Federal Highway Administration; and (5) prepare a comprehensive plan and schedule developed jointly by the Trust and the Massachusetts Horticultural Society for the financing and development of the certain society parcels pursuant to section 11 of this chapter. Park parcels within the corridor as may be defined and determined by the Board of Trustees shall be open to the public, but the Trust may prescribe reasonable limits on public access consistent with powers and duties of the Trustees and the purpose of the Trust as set forth in clause (vi) of subsection (b) of section 8 of this chapter. The Final Corridor Plan, the memorandum of understanding with the City of Boston and the comprehensive plan and schedule for the Horticultural Society parcels shall be submitted to the Governor, the clerk of the Senate, the clerk of the House of Representatives and the Mayor of the City of Boston within twelve months of the effective date of this chapter. If the Final Corridor Plan departs from the planning documents developed by the Massachusetts Turnpike Authority, the plan shall fully explain the reasons for all such departures.

In preparing said Final Corridor Plan, the Board of Trustees is hereby authorized and directed to review, among other sources, the documents that establish the Greenway Corridor plan; provided that said documents include the Boston 2000 Plan adopted by the Boston Redevelopment Authority in 1991, Article 49 of the Boston Zoning Code adopted by the Boston Zoning Commission in 1991, and the Final Supplemental Environmental Impact Report and Certificate issued January 2, 1991. The Board of Trustees is also authorized and directed to review, among other sources, the planning documents developed by the Massachusetts Turnpike Authority since 1991, including the Boston Central Artery Corridor Master Plan of May, 2001, the comments of the Federal Highway Administration, and any planning documents and recommendations as deemed appropriate and necessary by the Trust. The Final Corridor Plan shall be subject to all applicable state and federal rules, regulations, and laws, orders of courts of competent jurisdiction, and state and federal approvals associated with the design and construction of the Central Artery/Third Harbor Tunnel Project.

The Board of Trustees, in preparing the Final Corridor Plan, if necessary, is authorized and directed to obtain the approvals of any changes from the currently established plan from the City of Boston, the environmental permitting agencies, and other relevant permitting agencies. The Trust shall comply with the requirements established in the January 2, 1991 Certificate referenced herein with respect to involvement of the public in the planning process.

Section 8. Artery Betterment District

(a) There shall be a special betterment assessment for certain properties generally located within one quarter mile of the corridor as defined herein, as illustrated on the Corridor Map, which are hereby found to receive special and unique benefits, including increased property values, increased amenities and an overall improved urban environment due, in part, to proximity and relationship to the Rose Kennedy Greenway and the corridor as defined herein.

2. Notwithstanding any other provision of the law, the artery betterment district is hereby created and the City of Boston is hereby authorized to identify certain properties located partially or entirely within this quarter mile of the corridor. The City of Boston shall annually assess all taxable properties within said district an assessment on chapter 59 taxes in an amount sufficient to accomplish the full funding of the annual operating and maintenance expenses of the Trust and the Rose Kennedy Greenway as established pursuant to section 18 (iv) of this chapter. Said assessment may increase annually to reflect the operation and maintenance costs as established pursuant to section 18(iv) of this chapter, but in no event may said assessment exceed 4 million dollars for the City of Boston Fiscal Year 2004 and thereafter may not increase annually more than the greater of 3% or the annual change in the consumer price index for all urban consumers as established by the U.S. Bureau of Labor Statistics. The City of Boston shall determine the annual timing of such assessment and the manner of collection and enforcement consistent with chapters fifty-nine, sixty and eighty of the General Laws.
3. The district shall be divided into two assessment areas within the artery betterment district based on access and proximity to the corridor. The inner assessment area shall include those properties located partially or entirely within fifty yards of the corridor. The outer assessment area shall include those properties located partly or entirely within said district as documented on the corridor map but not included in the inner assessment area. For the purposes of this section, the City of Boston is authorized to assess properties in the inner assessment area at a rate higher than those located in the outer assessment area.
4. The proceeds of such assessment shall be delivered by the City of Boston to the Trust for expenditure on the annual operation and maintenance of the Rose Kennedy Greenway, and the corridor parcels as defined herein.
5. Any properties of any kind and nature within the control and jurisdiction of said Trust not otherwise owned or leased by non-Trust entities or individuals, as well as the initial $50,000 of tax payment for all properties shall be exempt from the assessment established under this section 8.
6. The provisions of this chapter related to the initial creation and implementation of the special assessment are subject to acceptance by a majority of the Boston City Council with the approval of the Mayor of the City of Boston.
7. The imposition of such an assessment shall be initiated such that funds equal to the annual operating and maintenance expenses as established pursuant to section 18 (iv) of this chapter and as limited in subsection (b) of this section are available to the Trust in the City of Boston Fiscal Year 2004.
8. The Trust shall be responsible for making available funds to pay the operating and maintenance costs as established pursuant to section 18 (iv) of this chapter that exceed 4 million dollars for any year subject to the annual increases provided in subsection (b) of this section, provided however, that the Trust’s obligation shall not exceed 2 million dollars for the City of Boston Fiscal Year 2004 and may not thereafter increase annually more than the greater of 3% or the annual change in the consumer prove index for all urban consumers as established by the U.S. Bureau of Labor Statistics.
9. The imposition of such an assessment shall be exempt from the provisions of chapter 59, section 21C.

Section 9. Additional Funding

(a) The Trust shall seek sufficient funds to carry out its responsibilities and duties. Such funds may be derived from a combination of public and private sources as more particularly described in this section.

(b) The Massachusetts Turnpike Authority is hereby directed to pay to an account designated by the Trust the amount of $31 million within thirty days of the effective date of this chapter for use by the Trust for capital construction. Further, the Massachusetts Turnpike Authority is hereby directed to cooperate with the Trust by providing technical advice and professional services as requested by the Trust consistent with the purposes of this chapter.

(c) From the effective date of this chapter through December 31, 2005, or such later date as the initial Artery Betterment District assessment is complete and funds are delivered to the Trust in accordance with section 8, each of the City of Boston and the Massachusetts Turnpike Authority are hereby directed to pay to the Trust $250,000 per annum beginning within thirty days after the enactment of this chapter and annually thereafter for each twelve month period for the operation, maintenance, staffing and related expenses of the Trust.

(d) The Trust shall raise funds by the subleasing of property, as appropriate, as well as by the licensing of uses of certain park or development parcels or any other charges or fees.

Section 10. Development Parcels

(a) The Trust is authorized and directed to enter into an agreement with the Massachusetts Turnpike Authority establishing a process for the transfer of development parcels to the Trust. Said agreement and transfer as further provided in section 16 of this chapter shall not alter existing commitments contained in the Central Artery/Third Harbor Tunnel Project financing plan and shall be subject to all applicable state and federal regulations and laws, orders of courts of competent jurisdiction, state and federal approvals for the design and construction of the Central Artery/Third Harbor Tunnel Project and shall not contravene the Massachusetts Turnpike Authority's bond obligations. The Massachusetts Turnpike Authority and the Trust are hereby authorized to enter into an agreement by which the Massachusetts Turnpike Authority will provide professional and technical services in connection with the sale, lease and development of said development parcels and shall be compensated therefore as described in subsection (b)(iii) of this section.

(b) The Trust shall lease, sell or develop the development parcels to ensure the following:

1. first, to provide the funding as necessary as described in section 8(h) of this chapter;
2. second, to provide 29 million dollars to be deposited in the capital and endowment fund account; and
3. to provide funds raised pursuant to said subsection (a) of this section in excess of the amounts described in subsections (i) and (ii) herein to be retained by the Trust to use in furtherance of the purpose of the Trust, provided however that if the Trust and the Massachusetts Turnpike Authority shall have reached an agreement to provide services as described in subsection (a) of this section then the Trust shall pay the Massachusetts Turnpike Authority up to 25% of the funds raised in excess of 29 million dollars. The delay or failure enter into the agreement described herein shall not excuse the Massachusetts Turnpike Authority from any of its obligations under this chapter.

(c) Notwithstanding any general or special law to the contrary, upon lease or sale by the Trust, said development parcels shall be subject to taxes, assessments or other fees and charges consistent with section 8 herein and chapter 59 of the General Laws.

Section 11. Horticultural Society Parcels

The Board of Trustees is hereby authorized to designate and lease, on such terms and conditions as the Trustees and the Massachusetts Horticultural Society shall deem appropriate, Parcels 19, 21 and 22 as more specifically shown on the Corridor Map to the Massachusetts Horticultural Society for the purpose of constructing and operating thereon greenhouse facilities, gardens and ancillary office and retail space which shall be open to the public, however, a reasonable fee to offset operating and maintenance costs may be charged. The leases shall include timeframes related to such items as submission of plans, proof of financing, and said construction to ensure the timely improvement of the parcels. The leased premises shall include, separately or in total, all areas in Parcels 19, 21 and 22 exclusive of areas devoted to highway purposes and accessory facilities. Said designation shall not extend beyond December 31, 2005, provided, that such designation may be extended at the discretion of the Trust subject to the Massachusetts Horticultural Society demonstrating to the Trust the following: (1) financial ability of the Massachusetts Horticultural Society to do the project as described, (2) proof of adequate and secure financing, (3) a satisfactory development plan, (4) evidence of satisfactory progress in securing permitting approvals for the project and (5) any other evidence required by the Trust to ensure the timely improvement of the parcels by the Massachusetts Horticultural Society.

Should the designation terminate or should the lease to the Massachusetts Horticultural Society terminate with respect to one or more parcels before the expiration of their term, the jurisdiction of the Trust shall be extended automatically to include such parcels for which the lease to the Massachusetts Horticultural Society has terminated. Any improvements constructed by any party that remain after the expiration of the applicable lease shall revert to the control and jurisdiction of the Trust.

Section 12. Exemption from Taxation

The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of the Commonwealth, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions. As the operation and maintenance of the corridor by the Trust will constitute the performance of essential governmental functions, the Trust shall not be required to pay any taxes or assessments upon the corridor or any property acquired, managed or operated by the Trust under the provision of this chapter or upon the income therefrom.

Section 13. Maintenance and Policing; Landmarks

The Rose Kennedy Greenway, including the corridor parcels as defined herein, when constructed and open to the public shall be maintained and kept in good condition and repair by the Trust, which may in its discretion contract or subcontract with any private or public entity, partnership, corporation or association to provide such maintenance services. All police, fire, emergency services and basic city services including but not limited to, street and sidewalk cleaning, snow plowing and trash removal shall be provided without cost to the Trust by the city of Boston. The Trust is authorized to enter any agreement with the city of Boston relative to the provision of such services.

After thirty days written notice to receive any comments from the board of directors, the Trust may designate names to any landmark, structure or other physical area, and delineate the boundaries of such landmark, structure or other physical area, within the corridor parcels as defined herein, the Rose Kennedy Greenway and any other property within the control and jurisdiction of the Trust.

Section 14. Non-Corridor Parcels

The Trust is hereby authorized and directed to prepare or cause to be prepared, in consultation with the Massachusetts highway department and Massachusetts turnpike authority, within twelve months of the effective date of this chapter, a plan for the ownership, use, control, development, maintenance and operation of the non-corridor parcels as defined herein and to submit such plans as a recommendation to the legislature for any further consideration that it deems appropriate for the ownership, use, control, development, maintenance and operation of said non-corridor parcels as well as to the secretary of administration and finance, the chairman of the joint committee on transportation, the chairman of the joint committee on state administration and the director of the Boston Redevelopment Authority.

Section 15. Liability of Board of Trustees and Board of Directors

Notwithstanding anything in this chapter to the contrary, the trust shall be considered a public employer and the Trustees and the Board of Directors shall be considered public employees for purposes of chapter two hundred and fifty-eight and chapter two hundred and sixty eight A.

Section 16. Transfer of Corridor Parcels

(a) Notwithstanding chapter 3 of the Acts of 1997 or any general or special law to the contrary, the Trust, the highway department and the Massachusetts Turnpike Authority are hereby authorized and directed to do all things necessary and convenient to provide for the orderly transfer to the Trust of the ownership, care, custody and control of, including the obligations to operate and maintain, the corridor. Said highway department or Massachusetts Turnpike Authority shall transfer the corridor to the Trust pursuant to one or more written agreements, such transfer to occur promptly after the chief engineer of the Massachusetts Turnpike Authority and the chief engineer of the highway department, or their designees, jointly determine and certify to the Trust that the contracts for demolition and removal of the central artery elevated structure is complete. Such agreement(s) shall include, but not be limited to, provisions for (i) a protocol for the certification referred to herein; (ii) the scheduling of the transfer of the corridor as one entity or in segments; (iii) the allocation of warranties, indemnities, liabilities, and other rights associated with the corridor; (iv) the conveyance of the property interests to be transferred; (v) the easement rights to be retained by the highway department and the Massachusetts Turnpike Authority for the operation, maintenance and repair of the central artery; and (vi) other terms and conditions as the Trust, the highway department, and the Massachusetts Turnpike Authority agree are necessary, convenient or desirable to effectuate the orderly transfer of the ownership, control, operation and maintenance of the corridor. All transactions with respect to contracts, plans, agreements and memoranda of understanding relative to land use plans, air rights, zoning restrictions and environmental impacts associated with the development of any land under the care, custody and control of the Trust are exempt from the provisions of sections 27, 28, 29 and 30 of chapter 3 of the Acts of 1997. The transfer of parcels under this section are subject to all other applicable state and federal rules, regulations, and laws, orders of courts of competent jurisdiction, and state and federal approvals associated with he design and construction of the Central Artery/Third Harbor Tunnel Project.

(b) Upon the transfer of the corridor or any segment thereof by the highway department or the Massachusetts Turnpike Authority to the Trust pursuant to this section, the Trust shall be responsible for the care, custody and control, including the operation and maintenance, of the corridor or segment thereof and, except as otherwise agreed to by the parties, the Massachusetts Turnpike Authority and the highway department shall cease to be responsible for such operation, except that the Massachusetts Turnpike Authority and the highway department shall continue to require their contractors to complete construction of the central artery and related elements of the metropolitan highway system pursuant to their contracts and pursuant to chapters thirty and one hundred forty-nine and the Trust shall have no such responsibility.

(c) Portions of the corridor as defined herein that are owned by the Massachusetts Bay Transportation Authority, the Boston Redevelopment Authority, or any agency, authority, political subdivision or instrumentality of the commonwealth, shall, as appropriate and necessary in the determination of the Trust, be transferred by any such agency, authority, political subdivision or instrumentality to the Trust in a manner consistent with the protocol established in this section, and not withstanding any general or special law to the contrary, all such agencies, authorities, political subdivisions or instrumentalities are authorized and directed to make such transfers in accordance with this chapter. Said transfer shall provide for the easement rights to be retained by the Massachusetts Bay Transportation Authority for the operation, maintenance and repair of the Authority's transportation infrastructure. The transfer of parcels under this section shall be subject to any and all Federal, state and local laws, ordinances, rules regulations and/or orders of courts of competent jurisdiction not superseded by this chapter which govern the disposition of such property, including but not limited to provisions for repayment of funds made available by third parties for the purchase of such property by its current owner.

(d) Notwithstanding anything in this chapter to the contrary, all transfers to the Trust required or contemplated by this section shall be completed no later than December 31, 2005.

Section 17. Annual Report

Within one hundred twenty days after each fiscal year, the Trust shall prepare and file with the governor, the House and Senate Clerk, the mayor of Boston, the Auditor of the Commonwealth and the Inspector General of the Commonwealth an annual report of its activities for the preceding fiscal year. Each annual report shall set forth a complete operating and financial statement of the Trust’s operations for such fiscal year, and describe the program for the development, maintenance and programming of the corridor and the other tasks to be performed by the Trust. The Trust shall cause an audit of its books and accounts to be made at least once in each fiscal year by a certified public accountant and deliver the results of such audits to the governor, the House and Senate Clerk and the mayor of the City of Boston.

Section 18. Massachusetts Millennium Greenway Trust Board of Directors; Quorum; Officers; Powers and Duties

There is hereby established the Massachusetts Millennium Greenway Trust Board of Directors which shall make recommendations to the Board of Trustees regarding the planning, design, redesign, construction, reconstruction, administration, management, maintenance, repair, improvement, financing, refinancing, control and operation of the Rose Kennedy Greenway and any other properties of any kind and nature within the control and jurisdiction of said Trust, including the corridor parcels and non-corridor parcels as defined herein.

The Board of Directors shall consist of 27 members who shall be appointed hereunder and the Chair of the Advisory Committee serving as an ex-officio, non-voting member of the Board of Directors. Four members shall be appointed by the governor, two of whom shall be appointed in his or her discretion, one of whom shall be a representative of a cultural or educational institution and one of whom shall be experienced in real estate management or real estate development. Four members shall be appointed by the mayor, two of whom shall be appointed in his or her discretion, one of whom shall be a resident who is a member of a North End civic or neighborhood association and one of whom shall be a resident who is a member of a Chinatown civic or neighborhood association. The remaining members shall be a designee of each of the Metropolitan Area Planning Council, Harbor Islands Alliance, MoveMass, Boston Natural Area Fund, Boston Society of Architects, Boston Society of Landscape Architects, Massachusetts Lodging Association, Greater Boston Real Estate Board, Arnold Arboretum, Artery Business Committee, Environmental Oversight Committee, New England Aquarium, Mass Historical Commission, Trust for Public Land, Boston Preservation Alliance, Boston Green Space Alliance, Conservation Law Foundation, Greater Boston Chamber of Commerce, and Massachusetts State Building Trades.

The Massachusetts Millennium Greenway Trust Board of Directors shall designate one of its members to serve as chairman of the Board of Directors during his or her term of office as a member of the Board of Directors. The chairman of the Board of Directors shall serve as an ex officio, non-voting member of the Board of Trustees. Each member of the Board of Directors shall serve a five-year term, beginning on their date of appointment, except that any person appointed to fill a vacancy shall serve only for the unexpired term and until his or her successor shall be duly appointed and qualified. Each member of the board of directors shall be eligible for reappointment, but no member shall serve more than ten years. Members of the board of directors shall serve without compensation.

Fifteen members of the Board of Directors shall constitute a quorum and the affirmative vote of a majority of all members present shall be necessary for any action taken by the Board of Directors. No vacancy in the membership of the board of directors shall impair the right of a quorum to exercise all the rights and perform all the duties of the board of directors.

The board of directors shall have the following duties and responsibilities:

4. to meet no less than four times a year, not including additional meetings convened by the Board of Trustees;
5. to adopt reasonable rules and regulations to conduct the business of the board;
6. to consult with the professional staff of the Trust regarding the corridor plan as provided for in section 7 and to submit written comments thereon within 30 days for review, modification, approval and adoption by the Board of Trustees;
7. to prepare in consultation with the professional staff of the Trust an annual budget for the operation, maintenance and programming of the trust for review, modification, approval and adoption by the Board of Trustees; and
8. to provide the technical expertise of members of the board to advise the Trustees regarding matters relating to the Trust, including programming, and to make recommendations relating to such matters; and to assist the trustees as requested to carry out the duties and responsibilities of the Trustees and the purpose of the Trust as the case may be.