Bulletin sent on behalf of ABN to legislators who will have to vote on the Greenway Trust legislation on Wednesday, July 31

The comments refer to the only draft released to the public so far, on July 16; the draft to be voted on won't be out until the day of the vote.

MASSACHUSETTS MILLENNIUM GREENWAY TRUST ACT (H 5242)
SUMMARY OF ISSUES: JULY 16 DRAFT

  1. The Act is being rushed into law without adequate review.
    This bill was issued by the Joint Committee on Transportation on July 16. At the July 18 Committee hearing, testimony from conservation, open space, legal, neighborhood and other interests identified many serious problems . A revised draft won't be released for vote until the last day of the session. Neither the legislature nor the public will have time to review a bill disposing of the long-awaited, costly Central Artery corridor.

  2. Federal Title 23 would require the State to reimburse FHWA millions of dollars.

  3. The Trust's Betterment District funding requires Boston City Council approval.
    The Council has already expressed opposition to the Betterment tax. Putting a Trust in place without a funding source will only delay creation of the parkland.

  4. The Trust has extraordinary powers not justified by its park stewardship mandate. The Trust is a development authority, not a parks agency. It could:
    • Own, develop and manage non-park-related development, such as the six-acre site south of Kneeland Street currently zoned for 400-foot buildings.
    • Redefine "open space" in a new Final Corridor Plan, contrary to past commitments and plans.
    • Acquire private property "adjacent to" the corridor.
    • Enter adjacent private properties to do surveys, exempt from trespass laws.
    • Take corridor land belonging to State agencies and to the Boston Redevelopment Authority.
    • Issue bonds, assuring its perpetuation.

  6. The Trust is a public-private hybrid with broad powers and no oversight.
    • The Trust is proposed to be both a public instrumentality and a non-profit charitable entity.
    • There are no checks and balances, no public accountability requirements for the Trust.

  7. The Trust would divert scarce funding from other needs, receiving far more than needed for Greenway care. The Act creates a new bureaucracy with huge revenue streams, to care for 6 acres of parkland -- an area 1/8 the size of the Common, 1/4 the size of the Public Garden, 1/4% of the Boston Parks Department's 2,200-acre open space system.

  8. The Trust would have power to privatize the public realm. It could:
    • Limit and control points of entry to and exit from the Artery corridor.
    • Limit public access to public park parcels.
    • Subcontract for park maintenance services exempt from public labor and bidding laws.

Don't rush approval for a flawed bill. The Act's disregard for past commitments and planning, and legal and financial flaws, will delay creation of the parkland.

The Central Artery is the country's most visible public works project. Let's create a steward for this land that respects public process and public accountability.