Summary of Bill: S.2922 (194th Session, Massachusetts)
Title: An Act authorizing the Division of Capital Asset Management and Maintenance to grant easements to NSTAR Electric Company d/b/a Eversource Energy in return for NSTAR releasing or modifying easements for the benefit of the Commonwealth
Purpose and intent
- Allow the Commissioner of the Division of Capital Asset Management and Maintenance (DCAMM), in consultation with the Commissioner of the Department of Conservation and Recreation (DCR), to convey an easement to NSTAR Electric Company d/b/a Eversource Energy.
- In exchange, NSTAR would release or modify existing easements to benefit the Commonwealth, with the overall aim of facilitating electric transmission infrastructure while protecting Commonwealth land and conservation objectives.
Key provisions and changes (what the bill would do)
- Section 1: Authority to grant easement
- DCAMM may grant a permanent easement to Eversource solely for purposes related to electric infrastructure:
- Clearing trees and structures, and maintaining clearance.
- Construction, maintenance, access, operation, replacement, repair, patrolling, and removal of underground/overhead electric transmission and distribution lines and equipment, including ground wires, telecom wires/cables, and appurtenances.
- Construction and maintenance of substation fixtures and related appurtenant facilities for electricity transmission.
- The easement is to be limited to purposes described, with additional constraints determined by DCAMM in consultation with DCR.
- The anticipated location is specified on a plan related to the Magazine Beach area (Charles River, Dr. Paul Dudley White Bike Path) with final boundaries to be determined by survey and agency coordination. The land is under DCR care for conservation/recreation.
- Section 2: Consideration for the easement
- In return, NSTAR must compensate the Commonwealth via one or a combination of:
- Transfer of land or interest in land of equal or greater value (per independent appraisal).
- A monetary payment equal to the full fair market value of the easement (per independent appraisal).
- A combination of land transfer and/or monetary payment.
- The Commonwealth is not obligated to pay if the appraised value of conveyed parcels exceeds the easement value.
- Any funds received go to the Conservation Trust (per Chapter 132A, General Laws).
- No-net-loss provision: The bill provides for potential acceptance of a land parcel at 0 Thompson Road, Wendell (approximately 53.725 acres), to be held for conservation and recreation by DCR, if used to satisfy no-net-loss of lands protected for natural resources.
- Section 3: Appraisal and oversight
- Independent appraisal required to determine the value of the easement and any conveyed land/interests.
- The appraisals must be submitted to the Inspector General (IG) for review, including methodology.
- IG review outcome to be reported to the DCAMM; copies of appraisals and IG report to be provided to the House and Senate committees on Ways and Means and the Joint Committee on State Administration and Regulatory Oversight at least 15 days before execution of the easement instrument.
- Section 4: Conditions of the easement
- The easement instrument must be limited to the described purposes.
- The easement shall terminate if the land ceases to be used for the stated purposes, subject to terms set by DCAMM in consultation with DCR, following notice and failure to cure.
- The holder must restore the surface condition to at least the equivalent or better condition as determined by DCR.
- Section 5: Costs and responsibilities
- NSTAR/Eversource is responsible for all costs related to engineering, surveys, appraisals, document preparation, and other necessary expenses to effectuate the conveyances.
Who is affected
- Commonwealth entities: DCAMM and DCR, as they would grant/oversee the easement and manage any resulting land/land-use actions.
- NSTAR Electric Company d/b/a Eversource Energy: would receive an easement and incur compliance obligations; would provide compensation to the Commonwealth (land or cash) per appraisal.
- Public lands/plans involved: the Magazine Beach area along the Charles River (Boston/Cambridge), with potential land conveyance at Wendell for conservation purposes if no-net-loss criteria are satisfied.
Procedural and timeline aspects
- This is a proposed act from the 194th General Court (2025-2026).
- Current status: Referred to the State Administration and Regulatory Oversight committee; Rules suspended; later actions show scheduling for hearings and potential study orders.
- Appraisal and IG review requirements imply a detailed, phased process before final execution, with public committee notice at least 15 days prior to effecting the easement.
Implications
- Enables a framework to simplify Eversource access/clearance for transmission infrastructure on Commonwealth land while ensuring no-net-loss of protected lands and providing compensation to the Commonwealth.
- Introduces formal oversight (IG involvement) and reporting requirements to legislative committees.
- Potential land swap to Wendell (0 Thompson Road) as a conservation transaction to offset land value, subject to appraisal outcomes.
Note: The bill aims to balance infrastructure needs with conservation and land-management safeguards, using independent appraisals, no-net-loss considerations, and explicit termination/ restoration provisions.
