MA Gen L ch 92 § 34e (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 92 - Metropolitan Sewers, Water and Parks|Section 34e - Leo M. Birmingham Parkway Trust Fund

[ Subsection (a) effective until December 13, 2021. For text effective December 13, 2021, see below.]  Section 34E. (a) There shall be a Leo M. Birmingham Parkway Trust Fund, which shall be used for the purposes of advancing recreational, educational and conservation interests including, but not limited to, the maintenance of facilities and infrastructure improvements for the parcel of land known as the Leo M. Birmingham Parkway, consisting of 584,814 square feet, more or less, and more particularly described on the city of Boston assessor's map as parcel identification number 2202762003. The trust shall receive, hold and expend any monies received, from public or private sources, as appropriations, gifts, grants, donations, fees generated by permits, licenses and all other agreements not currently being directed to the General Fund relating to the use of the Leo M. Birmingham Parkway as authorized by the commissioner of conservation and recreation in consultation with the Leo M. Birmingham Parkway advisory board established pursuant to subsection (c). The department shall not make expenditures from this fund so as to cause the fund to be deficient. The books and records of the fund shall be subject to an audit by the state auditor, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary.[ Subsection (a) as amended by 2021, 102, Sec. 41 effective December 13, 2021. For text effective until December 13, 2021, see above.]  (a) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Leo M. Birmingham Parkway Trust Fund, which shall be administered by the department of conservation and recreation. Amounts credited to the fund shall be expended, without further appropriation, for the purposes of advancing recreational, educational and conservation interests including, but not limited to, the maintenance of facilities and infrastructure improvements for the parcel of land known as the Leo M. Birmingham Parkway, consisting of 584,814 square feet, more or less, and more particularly described on the city of Boston assessor's map as parcel identification number 2202762003. The fund shall receive, hold and expend any monies received, from public or private sources, as appropriations, gifts, grants, donations, fees generated by permits, licenses and all other agreements not currently being directed to the General Fund relating to the use of the Leo M. Birmingham Parkway as authorized by the commissioner of conservation and recreation in consultation with the Leo M. Birmingham Parkway advisory board established pursuant to subsection (c). The unexpended balance in the fund at the end of a fiscal year shall remain available for expenditure in subsequent fiscal years and shall not revert to the General Fund. The department shall not make expenditures from this fund so as to cause the fund to be deficient. The books and records of the fund shall be subject to an audit by the state auditor, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary.  (b) Notwithstanding any general or special law to the contrary, the parcel described in subsection (a), excluding the roadway, shall be used exclusively as a public park for recreational purposes and entitled in all respects to protections afforded to public parkland under Article XCVII of the Amendments to the Constitution of the commonwealth; provided, that the Guido Salvucci Bocci Court shall be maintained on the parcel.  (c) There shall be established a Leo M. Birmingham Parkway advisory board consisting of the following 9 members: 1 member to be appointed by a majority vote of the senator for the Second Suffolk and Middlesex district, the senator for the Middlesex and Suffolk district, the representative for the Seventeenth Suffolk district and the representative for the Eighteenth Suffolk district, who shall serve as chair; 2 members to be appointed by the senator for the Second Suffolk and Middlesex district; 2 members to be appointed by the senator for the Middlesex and Suffolk district; 2 members to be appointed by the representative for the Seventeenth Suffolk district; and 2 members to be appointed by the representative for the Eighteenth Suffolk district. The advisory board members shall serve 4 year terms. The advisory board may, by a majority vote, appoint up to 6 additional members. The advisory board shall meet at least biannually or as required to conduct business.