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SD 4013

An Act authorizing the Buzzards Bay Water District to convey non-exclusive easements over a certain parcel of land

194th Legislature (2025-2026) Introduced by Dylan Fernandes and 1 co-sponsor

Allows non-exclusive gas pipelines on a public parcel, with proceeds placed in a dedicated fund to buy or protect Article 97 land within three years.

Referred to the committee on Rules of the two branches, acting concurrently
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Bill Summary · SD 4013

Overview

Senate Docket No. 4013 (Session 194th, Massachusetts) proposes authorizing the Buzzards Bay Water District to convey non-exclusive easements over a specified parcel of land to Algonquin Gas Transmission, LLC for natural gas pipelines and related facilities. The measure includes provisions on compensation, how proceeds are used, and a timeline for land acquisition purposes under Article 97.

Purpose and Intent

  • Authorize the Buzzards Bay Water District (BBW District) to grant non-exclusive permanent and temporary easements to a gas transmission company (Algonquin Gas Transmission, LLC).
  • Enable installation, operation, maintenance, repair, and replacement of natural gas pipelines and related appurtenances, plus an access road and temporary workspace, on a defined parcel.
  • Ensure proceeds from the easement are managed in a dedicated way to support land acquisition for Article 97 purposes (relating to protections for public lands and open space) within three years after the conveyance.

Key Provisions

  • Authority to Convey: The BBW District, via its Board of Water Commissioners, may grant non-exclusive easements (both permanent and temporary) and an access road/easement workspace to Algonquin Gas Transmission, LLC.
  • Valuation: Easements must be conveyed for the fair market value or value in use, whichever is greater, as determined by an appraisal.
  • Use of Proceeds: All consideration from the permanent easement and access road must be deposited into a segregated account dedicated solely to acquiring or maintaining land for Article 97 purposes. The BBW District must use these funds to acquire land or interests in land for Article 97 purposes within three years of the conveyance.
  • Property Description: The parcel is located on Bournedale Road, Bourne (Assessor’s Parcel 10-52-0), described in a deed on file with the Barnstable County Registry of Deeds. The permissible easements are shown on a plan titled “Plan of Land Buzzards Bay Water District Bournedale Road, Bourne, Massachusetts” dated April 27, 2026, prepared by VHB, with copies on file with the BBW District Clerk.
  • Scope of Easements: The easements cover installation, operation, maintenance, repair, and replacement of natural gas pipelines and related appurtenances, plus an access road and temporary workspace, benefitting Algonquin Gas Transmission, LLC.
  • Effective Date: The act takes effect upon passage.

Affected Parties

  • Buzzards Bay Water District: Granted authority to convey the easements and to manage the related funds in a dedicated account for Article 97 land acquisition.
  • Algonquin Gas Transmission, LLC: As the recipient of the easements, gains non-exclusive rights to construct and operate gas infrastructure and associated access/temporary workspace on the designated parcel.
  • Public land/open space interests under Article 97: Beneficiaries of the dedicated sinking fund and planned acquisitions, ensuring land protections within three years.

Procedural and Timeline Considerations

  • Legislative Path: Referred to the Rules Committee of the two branches (as of June 23, 2026).
  • Fiscal/Property Timeline: Funds derived from the easement must be placed in a segregated account and used for Article 97 land acquisitions or interests within three years after the conveyance.
  • Plan Reference: The plan detailing easement boundaries is dated April 27, 2026, and on file with the BBW District Clerk.

Potential Implications

  • Facilitates private gas infrastructure on a public utility parcel, with non-exclusive rights to Algonquin Gas Transmission, LLC.
  • Redirects monetary consideration from the easement into land protection under Article 97, potentially increasing open-space or public land holdings within three years.
  • Establishes a clear appraisal-based valuation standard and a specific plan map to delineate easement boundaries.

Compiled from official sources — confirm details with the bill’s official record.

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