Conference Committee on the use of CPA funds for rail trails

Dear Honorable Conference Committee Members,

We are writing to respectfully request that the final conference committee budget include Outside Section 10 of H4001 and Outside Section 22 of H1. Currently, the Department of Revenue does not allow this use of CPA funds due to two statutory impediments. The first statutory impediment is that the definition of “real property interest” under section 2 of the CPA does not include land that is subject to a reversionary interest. Land held for railroad purposes is ordinarily subject to a reversionary interest in case the railroad is reactivated. As a result, CPA funds cannot be used to acquire such land. The second statutory impediment is that section 12(a) of the CPA requires acquired land “be bound by a permanent restriction, recorded as a separate instrument, that meets the requirements of sections 31 to 33, inclusive, of chapter 184....” Since the railroad land is subject to defeasance, the municipality cannot obtain a permanent restriction to satisfy section 12(a). Outside Section 10 of H4001 and Outside Section 22 of H1, which mirror legislation we have

filed (H286/S148), resolve these issues.

Over the last session, we worked in partnership with the Governor’s office, particularly the Department of Conservation and Recreation, the Department of Transportation, and the Department of Revenue, to draft language that would benefit our communities as well as language that is acceptable to all the interested secretariats. This language also has the support of the Massachusetts Municipal Association and the Community Preservation Coalition. It is, of course, of extreme importance to our communities.

We hope to see this important language included in the final version of the FY22 Budget. We are, as always, grateful for your service and partnership, and we are fully available to discuss this important provision and what it would mean for our communities. Thank you for your consideration.

Sincerely,

Carmine L. Gentile Jamie Eldridge Lindsay Sabadosa John Velis

State Representative State Senator State Representative State Senator

13th Middlesex District Middlesex and Worcester District 1st Hampshire District 2nd Hampden and Hampshire District