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H 3435

Income tax exemption

2025-2026 Regular Session Introduced by Mike Burns and 5 co-sponsors

Authorizes DCAMM to grant permanent/temporary easements on Bourne armory land for a subsurface waterline; Bourne pays costs; appraisal with IG review; uses reversion if unused.

Member(s) request name added as sponsor: Burns
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Bill Summary · H 3435

Summary — H 3435 (House Docket No. 1271)

Short title / note on discrepancy: Although the header provided with the user materials lists the title “Income tax exemption,” the bill text for H 3435 is a local conveyance bill for the Commonwealth of Massachusetts authorizing the Commissioner of Capital Asset Management and Maintenance (DCAMM) to grant easements to the town of Bourne. (A separate South Carolina tax excerpt appears appended but is unrelated to H 3435.)

Purpose

Authorize DCAMM, in consultation with the Adjutant General, to grant permanent and temporary easements across Commonwealth land used for armory purposes on Armory Road in Bourne so the town may install, use, maintain, repair and replace a subsurface waterline.

Key provisions

  • Scope: Notwithstanding sections 32–37 of chapter 7C or other law, DCAMM may convey permanent and temporary easements on specified Commonwealth armory land shown on a plan titled “Proposed Utility Easement Plan in Bourne, Mass. prepared for town of Bourne #31 Armory Road Map 19.4 Parcel 181” (dated Oct. 15, 2018; Bracken Engineering, Inc.). Exact boundaries to be determined by DCAMM via survey.
  • Purposes limited to installation/use/maintenance/repair/replacement of a subsurface waterline; instruments must expressly limit use to these purposes.
  • Costs: The town of Bourne shall assume all costs for engineering, surveys, appraisals, deed preparation and other expenses necessary to execute conveyances.
  • Consideration / appraisal: An independent appraisal of fair market value and value in proposed use must be prepared by a qualified appraiser commissioned by DCAMM. Consideration will be the greater of fair market value or value in proposed use as determined by DCAMM.
  • Inspector General review: The appraisal is submitted to the Inspector General for review and approval (including methodology); the IG prepares a report and files it with DCAMM.
  • Legislative notice: After receiving the IG report, DCAMM must submit copies to the House and Senate Ways & Means committees and the Joint Committee on State Administration and Regulatory Oversight at least 15 days before executing conveyance documents.
  • Reversion: Conveyance instruments must include a reversionary clause terminating easements if the property ceases to be used for the authorized purposes; DCAMM must provide notice and allow Bourne to cure violations. Any reversion to the Commonwealth then is subject to sections 34–37 of chapter 7C and prior approval of the General Court.
  • Effective date: Upon passage.

Who is affected / impact

  • Town of Bourne: Gains the right to site and operate a subsurface waterline across state-owned armory land, but must pay all related transaction costs and provide payment equal to the higher of fair market or proposed-use value.
  • Commonwealth / DCAMM and National Guard (Adjutant General): Relinquishes limited easement interests in armory property subject to restrictions and reversion; retains oversight via appraisals, IG review, and reversion provisions.
  • General public: Potential improved municipal water infrastructure in the impacted area; no immediate state expenditure required for the conveyance process.

Procedural / timeline notes and status

  • Prefiled: 12/05/2024; Introduced (House) and read first time: 01/14/2025. Sponsors: Rep. David T. Vieira; additional sponsors added later (Dylan A. Fernandes; Steven G. Xiarhos; Burns; Frank; Kilmartin).
  • Referred to the Committee on State Administration and Regulatory Oversight (02/27/2025); hearing scheduled 04/09/2025.
  • Reported favorably and referred to House Ways & Means (07/03/2025). On 07/30/2025 the committee recommended “ought to pass with an amendment,” substituted a new draft (see H4364), and the matter was placed on Orders of the Day with the amendment pending. Status indicates a new draft (H4364) replaced H 3435 as of 07/30/2025.

Practical considerations

  • The town funds all transaction-related costs and must pay for the easement interest based on an independent appraisal (with IG oversight), minimizing direct fiscal cost to the Commonwealth but creating an administrative process and potential revenue to the Commonwealth.
  • Reversion and use restrictions are intended to protect armory interests and ensure easement use is limited to the waterline purpose.

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

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