Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide funds immediately for a mental health capital outlay program, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. To provide for a program of studies, construction, reconstruction, alteration and improvement of various state institutions and properties, and for the purchase of certain property, including furnishings and equipment and motor vehicles, the sums set forth in section two of this act, for the several purposes and subject to the conditions in sections two to thirteen, inclusive, are hereby made available, subject to the provisions of law regulating the disbursement of public funds and the approval thereof.

SECTION 2.

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=11,53,tfh1;c5=15,49,tu;c6=65,14,tur `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc2 Division of Community Development. `tch `tc1 `ts Item `t+1 `tch;end `tc1 3722-7870) ) 3722-8846) `tc4 For state financial assistance in the form of a grant by the commonwealth acting by and through the department of community affairs; provided, however, that said department shall enter into contracts with housing authorities for the development costs including studies, the preparation of plans and designs, if necessary, acquisition of lands or land and buildings thereon, the renovation and upgrading of facilities and the construction, including furnishings and equipment, of alternative model community residences for handicapped persons of low income or families of low income of which one or more persons is handicapped pursuant to the provisions of section forty-one A of chapter one hundred and twenty-one B of the General Laws; provided, further, that said department shall have the authority to act as a housing authority in accordance with the provisions of said chapter one hundred and twenty-one B and chapter five hundred and seventy-nine of the acts of nineteen hundred and eighty and may enter into contracts with nonprofit organizations in areas of the state where no housing authority chooses to enter into such contracts for the development and management of such community residences; provided, further, that such community residences shall be the property of the commonwealth in the event that such contract is with such a nonprofit organization; provided, further, that such community residences constructed pursuant to this item shall be utilized by such handicapped persons who are clients living in Belchertown state school, Monson developmental center, Walter E. Fernald state school, Paul A. Dever state school, or Wrentham state school and who are plaintiff class members of certain consent decrees relative to such institutions and by other appropriate handicapped persons who are not class clients; provided further, that said department and the department of mental health shall develop a community living plan for said handicapped persons; provided further, that no funds shall be expended from the sum appropriated herein for such community residences, including intermediate care facilities, except in accordance with said plan; provided further, that not less than thirty per cent of the funds appropriated herein shall be expended for the construction of such suitable residences on property presently owned by the commonwealth in accordance with said plan; provided further, that the department of mental health shall provide the funding for the operation of all community residences constructed with state funds appropriated herein through contract agreements with private service providers or with state employees; provided, further, that not less than sixty per cent of the funds appropriated herein shall be expended for such community residences to be operated by state employees; provided further, that the amounts appropriated herein shall be in addition to any other amounts available for housing grants under said section forty-one A of said chapter one hundred and twenty-one B; provided however, that nothing herein shall be construed to prevent said handicapped persons from becoming residents in other housing units constructed pursuant to other monies available pursuant to said section forty-one A of said chapter one hundred and twenty-one B; provided, however, that housing authorities shall be required to repay the department of community affairs to the maximum extent possible for grants received herein in a schedule which seeks to amortize such payment over a twenty year period of time; provided further, that such housing authorities are hereby authorized to charge sponsors operating such community residences an amount equal to the payments which may be required under such amortization schedule, in addition to reasonable charges for overhead and maintenance; provided however, if such community residences are operated by state employees, such charges shall be the responsibility of the department of mental health; and provided further, that such charges shall be included in rates established by the rate setting commission for purposes of reimbursement under Title XIX of the Social Security Act; provided further, that any expenditure from this item shall be contingent upon the prior approval and assurance by the secretary of human services that not less than the maximum percentage of such expenditures are eligible for federal reimbursement under Title XIX of the Social Security Act of nineteen hundred and sixty-seven as amended by public law 92-603; provided further, that copies of said community living plan, including cost estimates upon completion, the location of all new residences, and the number of clients to be served, shall be submitted to the secretary of human services; provided further, that the secretary of human services shall submit to the house and senate committees on ways and means a copy of said community living plan including estimated cost, location, and number to be served; and provided further, that the provisions of this item as they relate to the percentage of the sum appropriated herein to be used for specific purposes may be waived on the grounds that the percentage is either unfeasible or impracticable pursuant to a schedule, with the justification, submitted by the department of community affairs and approved by the house and senate committees on ways and means; to be in addition to the amount appropriated in item 3722-8846 of chapter seven hundred and twenty-three of the acts of nineteen hundred and eighty-three `tc6 $18,000,000 `tc1 3722-8871 `tc4 The commonwealth, acting by and through the department of community affairs, may enter into a contract or contracts for state financial assistance in the form of a grant by the commonwealth for the development costs of housing for mentally ill persons of low income or families of low income of which one or more persons is mentally ill pursuant to the provisions of section forty-one A of chapter one hundred and twenty-one B of the General Laws `tc6 $32,000,000 `tc3 EXECUTIVE OFFICE OF HUMAN SERVICES. `tc2 Massachusetts Commission for the Blind. `tc1 4110-7871 `tc4 For the relocation and construction of a regional talking book library, including the cost of furnishings and equipment, subject to the provisions of section nine of this act `tc6 $5,660,000 `tc3 DEPARTMENT OF YOUTH SERVICES. `tc1 4238-8871 `tc4 The division of capital planning and operations is hereby authorized to expend three million six hundred thousand dollars for the design, preparation of plans, and construction of a facility for the purposes of relocating a Department of Youth Services program currently located in the Hale building at Worcester State Hospital, provided that not more than seventy-two thousand dollars be expended for project programming, studies, and master plans, including environmental impact reports and cost estimates for the construction of a new facility `tc6 $3,600,000 `tc3 DEPARTMENT OF CORRECTION. `tc1 4342-7871 `tc4 The division of capital planning and operations is hereby authorized to expend one million five hundred thousand dollars for studies, the preparation of plans, and the design and construction, including furnishings and equipment, for the relocation of the Boston state pre-release center. These funds are to be in addition to the amounts appropriated in item 4342-8831 of section two of chapter three hundred and forty-seven of the acts of nineteen hundred and eighty-two and item 4342-8841 of section two B of chapter seven hundred and twenty-three of the acts of nineteen hundred and eighty-three; provided however that copies of said study, including cost estimates upon completion, shall be submitted to the house and senate committees on ways and means; provided further, that no funds shall be expended for the development of plans except as approved by the house and senate committees on ways and means subsequent to the receipt of said study including cost estimates `tc6 $1,500,000 `tc2 Community Mental Health Centers. `tc1 5011-8874 `tc4 The division of capital planning and operations is hereby authorized to expend three million two hundred thousand dollars for studies, design, preparation of plans, renovation, upgrading and expansion of the state community mental health centers, including the costs of furnishings and equipment, provided that any expenditure of funds be prioritized to those centers for whom funding is necessary to maintain existing certification; provided that within one year of the effective date of this act and on annual basis thereafter, the commissioner of the department of mental health shall submit a report to the house and senate committees on ways and means summarizing the status of the major projects. Any capital expenditure authorized in this item shall be exempt from the provisions of sections twenty-five C, twenty-five D, twenty-five E, twenty-five F, and twenty-five G of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need `tc6 $3,200,000 `tc2 Metropolitan Boston Area. `tc1 5011-8875 `tc4 The division of capital planning and operations is hereby authorized to expend one million two hundred thousand dollars for project programming, studies and master plans, including environmental impact reports and cost estimates for a comprehensive review of the metropolitan Boston area pursuant to the requirements of line items 5011-8876, 5011-8877, 5011-8878 and 5011-8879 `tc6 $1,200,000 `tc1 5011-8876 `tc4 The division of capital planning and operations is hereby authorized to expend forty-five million five hundred thousand dollars for design, renovation, upgrading, expansion, purchase, lease or construction of acute inpatient facilities for the Metropolitan Boston area; provided further, that the department of mental health shall conduct a study of the feasibility of utilizing unoccupied acute inpatient hospital beds in the metropolitan Boston area by contracting with or by purchasing beds from both private and public hospitals; provided further, that the department of mental health is directed to take all appropriate steps to affiliate with and operate under the license of such hospitals; provided further, that such study shall also include the feasibility of locating such acute inpatient hospital beds in a variety of other settings, including, but not limited to Boston state hospital, the Massachusetts mental health center, and other community mental health centers; provided further, that the commissioner of the department shall submit a plan to the house and senate committees on ways and means within three months of the effective date of this act, with recommendations, including the number of beds to be renovated, upgraded, expanded, purchased, leased or constructed; provided further, that expenditure of funds shall be contingent upon the approval of said plan by the house and senate committees on ways and means; provided, further, that the failure to act on said plan within sixty days of submission shall constitute approval; and provided further, that the commissioner of the department of mental health shall submit an annual report to the house and senate committees on ways and means summarizing the status of the major projects. Any capital expenditure authorized in this item shall be exempt from the provisions of sections twenty-five C, twenty-five D, twenty-five E, twenty-five F, and twenty-five G of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need `tc6 $45,500,000 `tc1 5011-8877 `tc4 The division of capital planning and operations is hereby authorized to expend fifteen million dollars for congregate housing for the mentally ill, including the preparation of plans, studies and master plans, including environmental impact reports and cost estimates for design, construction, acquisition, purchase, and renovation for the metropolitan Boston area; provided further, that said housing may be developed on land which may be owned, transferred, acquired or purchased by the department or division, acting for and on behalf of the commonwealth, including land currently owned by municipalities, by the commonwealth, by the federal government or by private interests; provided further, that no such housing may be constructed, acquired, purchased or renovated without the prior approval of a plan submitted by the commissioner of the department of mental health to the house and senate committees on ways and means; provided further, that said plan shall be submitted within three months of the effective date of this act; provided further, said plan shall specify the location of all new residences and the number of clients to be served, including construction costs and annual operating costs, the staffing patterns for each new residence and the number to be state or vendor operated. Said plan shall also specify the municipal, state, federal and private land or buildings, acquired, purchased or renovated by the department or division, acting for and on behalf of the commonwealth; provided, further, that failure to act on said plan within sixty days of submission shall constitute approval. Any capital expenditure authorized in this appropriation shall be exempt from the provisions of sections twenty-five C, twenty-five D, twenty-five E, twenty-five F, and twenty-five G of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need `tc6 $15,000,000 `tc1 5011-8878 `tc4 The division of capital planning and operations is hereby authorized to expend thirteen million seven hundred and fifty thousand dollars for transitional housing for the mentally ill, including the preparation of plans, studies and master plans, including environmental impact reports and cost estimates for design, construction and renovation for the metropolitan Boston area; provided however, that such housing shall be constructed on state owned land; provided further, that no such housing may be constructed, acquired, purchased or renovated without the prior approval of a plan submitted by the commissioner of the department of mental health to the house and senate committees on ways and means; provided, further, that said plan shall be submitted within three months of the effective date of this act; provided, further, said plan shall specify the location of all new residences and the number of clients to be served, including construction costs and annual operating costs, the staffing patterns for each new residence and the number to be state or vendor operated. Said plan shall also specify the municipal, state, federal and private land or buildings, acquired, purchased or renovated by the department or division, acting on behalf of the commonwealth; provided, further, that failure to act on said plan within sixty days of submission shall constitute approval. Any capital expenditure authorized in this item shall be exempt from the provisions of sections twenty-five C, twenty-five D, twenty-five E, twenty-five F, and twenty-five G of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need `tc6 $13,750,000 `tc1 5011-8879 `tc4 The division of capital planning and operations is hereby authorized to expend eight million dollars for permanent housing for the mentally ill, including the preparation of plans, studies and master plans, including environmental impact reports and cost estimates for construction, acquisition, purchase, and renovation for the metropolitan Boston area; provided further, that said housing may be developed on land which may be owned, transferred, acquired or purchased by the department or division, acting on behalf of the commonwealth, including land currently owned by municipalities, by the commonwealth, by the federal government or by private interests; provided further, that no such housing may be constructed, acquired, purchased or renovated without the prior approval of a plan submitted by the commissioner of the department of mental health to the house and senate committees on ways and means; provided further, that said plan shall be submitted within three months of the effective date of this act; provided further, said plan shall specify the location of all new residences and the number of clients to be served, including construction costs and annual operating costs, the staffing patterns for each new residence and the number to be state or vendor operated. Said plan shall also specify the municipal, state, federal and private land and/or buildings, acquired, purchased or renovated by the department or division, acting on behalf of the commonwealth; provided, further, that failure to act on said plan within sixty days of submission shall constitute approval. Any capital expenditure authorized in this item shall be exempt from the provisions of sections twenty-five C, twenty-five D, twenty-five E, twenty-five F, and twenty-five G of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need `tc6 $8,000,000 `tc2 Statewide Housing. `tc1 5011-9873 `tc4 The division of capital planning and operations is hereby authorized to expend fifteen million dollars for housing statewide for the mentally ill, including the preparation of plans, studies and master plans, including environmental impact reports and cost estimates for design, construction, acquisition, purchase, and renovation; provided, however, that said housing may be developed on land which may be owned, transferred, acquired or purchased by the department or division, acting on behalf of the commonwealth, including land currently owned by municipalities, by the state, by the federal government or by private interests; provided, further, that no such housing may be constructed, acquired, purchased, or renovated without the prior approval of a plan submitted by the commissioner of the department of mental health to the house and senate committees on ways and means; provided further, that said plan shall be submitted within three months of the effective date of this act; provided further, that said plan shall specify the location of all new residences and the number of clients to be served, including construction costs and annual operating costs, the staffing patterns for each residence and the number to be state or vendor operated. Said plan shall also specify the municipal, state, federal and private land or buildings, acquired, purchased or renovated by the department; provided further, that failure to act on said plan within sixty days of submission shall constitute approval. Any capital expenditure authorized in this item shall be exempt from the provisions of sections twenty-five C, twenty-five D, twenty-five E, twenty-five F, and twenty-five G of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need `tc6 $15,000,000 `tc1 5095-8870 `tc4 The division of capital planning and operations is hereby authorized to expend twenty-nine million and fifteen thousand dollars to be in addition to those funds appropriated in items 5095-8871, 5095-8873, 5095-8874, 5095-8875, 5095-8876, 5095-8877, and 5095-8878 `tc6 $29,015,000 `tc1 5095-8871 `tc4 The division of capital planning and operations is hereby authorized to expend six million six hundred and ninety-six thousand dollars for the study, design, renovation and construction of hospital facilities at Northampton state hospital, provided that not more than one hundred sixty-seven thousand four hundred dollars may be spent for project programming, studies and master plans, including environmental impact reports and cost estimates for the renovation, upgrading, construction, and expansion of the state hospital facilities; provided further that the department of mental health shall submit a plan for expenditure of said funds within ninety days of the effective date of this act; provided further that said plan shall indicate the department's plan for accommodating the in-patient needs of persons within the Northampton state hospital catchment area, including plans to develop affiliation agreements with local community and general hospitals to convert unused bed capacity into psychiatric beds for use by the departments clients, provided further that no funds may be obligated until said plan has been approved by the house and senate committees on ways and means; provided further that any capital expenditure authorized in this item shall be exempt from the provisions of sections twenty-five C, twenty-five D, twenty-five E, twenty-five F, and twenty-five G of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need `tc6 $6,696,000 `tc1 5095-8872 `tc4 The division of capital planning and operations is hereby authorized to expend sixty-two million dollars; provided, that not less than fifty-seven million dollars shall be expended for studies, design, renovation, upgrading, expansion, purchase, lease or construction of acute inpatient facilities and housing for District II; provided further, that the division may allocate to the department of mental health those funds that are not within the division's jurisdiction pursuant to section forty B of chapter seven; provided further, that the department of mental health shall conduct a study of the feasibility of utilizing unoccupied acute inpatient beds in District II by contracting with or by purchasing beds from both private and public hospitals; provided further, that the department of mental health is directed to take all appropriate steps to affiliate with and operate under the license of such hospitals; provided further, that such study shall also include the feasibility of locating such acute inpatient hospital beds in a variety of other settings, including, but not limited to Worcester state hospital, the University of Massachusetts medical center, and other community mental health centers; provided further, that the commissioner of the department shall submit a plan to the house and senate committees on ways and means within three months of the effective date of this act, with recommendations, including the number of beds to be renovated, upgraded, expanded, purchased, leased or constructed; provided further, that expenditure of funds shall be contingent upon the approval of said plan by the house and senate committees on ways and means; provided further, that the failure to act on said plan within sixty days of submission shall constitute approval; provided further, that if said plan includes the construction of new beds at the University of Massachusetts medical center in Worcester, the following requirements shall be met: there shall be an interagency agreement between the University of Massachusetts medical center in Worcester and the department of mental health; provided further, that said facility at the University of Massachusetts medical center shall serve those individuals needing hospitalization consistent with admission, treatment, discharge and research standards developed and approved by the commissioner of the department of mental health; provided further, that such admission standards shall ensure equal access to services for all individuals regardless of insurance coverage; provided further, that said agreement, if negotiated, shall be included in the plan submitted by the commissioner of the department of mental health to the house and senate committees on ways and means; provided further, that certain property management investments at Worcester state hospital shall not be contingent upon the approval of such plan. These property management investments include repair or replacement, where necessary, of water, electric and steam distribution lines, sewage lines, storm drains, mechanical and ventilation systems, repairs and weatherproofing of fencing, emergency correction of outstanding violations of life-safety and building codes, including emergency exits, sprinklers and other fire prevention and suppression systems, establishment of temporary accommodations during emergency repairs, where necessary, repair and improvement of roads, signage, landscaping and general site conditions; provided further, that subject to the prior approval of the house and senate committees on ways and means, the division of capital planning and operations is hereby authorized to expend no more than five million dollars for the purpose of constructing housing for the chronically mentally ill on the campus of Worcester state hospital. Any capital expenditure authorized in this appropriation shall be exempt from the provisions of sections twenty-five C, twenty-five D, twenty-five E, twenty-five F, and twenty-five G of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need `tc6 $62,000,000 `tc1 5095-8873 `tc4 The division of capital planning and operations is hereby authorized to expend twenty-one million eight hundred and fifty-six thousand dollars for the study, design, renovation and construction of hospital facilities and housing at Danvers state hospital, provided that not more than five hundred forty-six thousand four hundred dollars may be spent for project programming, studies and master plans, including environmental impact reports and cost estimates for the renovation, upgrading, construction, and expansion of the state hospital facilities; provided further that the department of mental health shall submit a plan for expenditure of said funds within ninety days of the effective date of this act, provided further that said plan shall indicate the department's plan for accommodating the in-patient needs of persons within the Danvers state hospital catchment area, including plans to develop affiliation agreements with local community and general hospitals to convert unused bed capacity into psychiatric beds for use by the departments clients, provided further that no funds may be obligated until said plan has been approved by the house and senate committees on ways and means, provided further that any capital expenditure authorized in this item shall be exempt from the provisions of sections twenty-five C, twenty-five D, twenty-five E, twenty-five F, and twenty-five G of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need `tc6 $21,856,000 `tc1 5095-8874 `tc4 The division of capital planning and operations is hereby authorized to expend nineteen million and two hundred thousand dollars for the study, design, renovation and construction of hospital facilities and housing at Metropolitan state hospital, provided that not more than four hundred eighty thousand dollars may be spent for project programming, studies and master plans, including environmental impact reports and cost estimates for the renovation, upgrading, construction, and expansion of the state hospital facilities; provided further that the department of mental health shall submit a plan for expenditure of said funds within ninety days of the effective date of this act; provided further that said plan shall indicate the department's plan for accommodating the in-patient needs of persons within the Metropolitan state hospital catchment area, including plans to develop affiliation agreements with local community and general hospitals to convert unused bed capacity into psychiatric beds for use by the departments clients; provided further that no funds may be obligated until said plan has been approved by the house and senate committees on ways and means, provided further that any capital expenditure authorized in this item shall be exempt from the provisions of sections twenty-five C, twenty-five D, twenty-five E, twenty-five F, and twenty-five G of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need `tc6 $19,200,000 `tc1 5095-8875 `tc4 The division of capital planning and operations is hereby authorized to expend twenty-four million three hundred and twenty-four thousand dollars for the study, design, renovation and construction of hospital facilities and housing at Taunton state hospital, provided that not more than six hundred and eight thousand one hundred dollars may be spent for project programming, studies and master plans, including environmental impact reports and cost estimates for the renovation, upgrading, construction, and expansion of the state hospital facilities; provided further that the department of mental health shall submit a plan for expenditure of said funds within ninety days of the effective date of this act, provided further that said plan shall indicate the department's plan for accommodating the in-patient needs of persons within the Taunton state hospital catchment area, including plans to develop affiliation agreements with local community and general hospitals to convert unused bed capacity into psychiatric beds for use by the departments clients; provided further that no funds may be obligated until said plan has been approved by the house and senate committees on ways and means; provided further that any capital expenditure authorized in this item shall be exempt from the provisions of sections twenty-five C, twenty-five D, twenty-five E, twenty-five F, and twenty-five G of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need `tc6 $24,324,000 `tc1 5095-8876 `tc4 The division of capital planning and operations is hereby authorized to expend twenty-six million five hundred and twenty-eight thousand dollars for the study, design, renovation and construction of hospital facilities and housing at Westboro state hospital, provided that not more than six hundred sixty-three thousand two hundred dollars may be spent for project programming, studies and master plans, including environmental impact reports and cost estimates for the renovation, upgrading, construction, and expansion of the state hospital facilities; provided further that the department of mental health shall submit a plan for expenditure of said funds within ninety days of the effective date of this act, provided further that said plan shall indicate the department's plan for accommodating the in-patient needs of persons within the Westboro state hospital catchment area, including plans to develop affiliation agreements with local community and general hospitals to convert unused bed capacity into psychiatric beds for use by the departments clients; provided further that no funds may be obligated until said plan has been approved by the house and senate committees on ways and means; provided further that any capital expenditure authorized in this item shall be exempt from the provisions of sections twenty-five C, twenty-five D, twenty-five E, twenty-five F, and twenty-five G of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need `tc6 $26,528,000 `tc1 5095-8877 `tc4 The division of capital planning and operations is hereby authorized to expend thirteen million two hundred and fifty-six thousand dollars for the study, design, renovation and construction of hospital facilities and housing at Medfield state hospital, provided that not more than three hundred thirty-one thousand four hundred dollars may be spent for project programming, studies and master plans, including environmental impact reports and cost estimates for the renovation, upgrading, construction, and expansion of the state hospital facilities, provided further that the department of mental health shall submit a plan for expenditure of said funds within ninety days of the effective date of this act; provided further that said plan shall indicate the department's plan for accommodating the in-patient needs of persons within the Medfield state hospital catchment area, including plans to develop affiliation agreements with local community and general hospitals to convert unused bed capacity into psychiatric beds for use by the departments clients; provided further that no funds may be obligated until said plan has been approved by the house and senate committees on ways and means, provided further that any capital expenditure authorized in this item shall be exempt from the provisions of sections twenty-five C, twenty-five D, twenty-five E, twenty-five F, and twenty-five G of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need `tc6 $13,256,000 `tc1 5095-8878 `tc4 The division of capital planning and operations is hereby authorized to expend four million two hundred thousand dollars for the study, design, renovation and construction of hospital facilities at Gaebler state hospital, provided that not more than one hundred and five thousand dollars may be spent for project programming, studies and master plans, including environmental impact reports and cost estimates for the renovation, upgrading, construction and expansion of the state hospital facilities, provided further that the department of mental health shall submit a plan for expenditure of said funds within ninety days of the effective date of this act, provided further that said plan shall indicate the department's plan for accommodating the in-patient needs of persons within the Gaebler state hospital catchment area, including plans to develop affiliation agreements with local community and general hospitals to convert unused bed capacity into psychiatric beds for use by the departments clients, provided further that no funds may be obligated until said plan has been approved by the house and senate committees on ways and means, provided further that any capital expenditure authorized in this item shall be exempt from the provisions of sections twenty-five C, twenty-five D, twenty-five E, twenty-five F, and twenty-five G of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need `tc6 $4,200,000 `tcol;end

SECTION 3. For the purposes of alleviating overcrowded conditions in the state correctional facilities in as little time as possible while maintaining economy of construction, the deputy commissioner of the division of capital planning and operations, with respect to the project authorized by item 4342-7871 of section two of this act, may after consultation with the director of the office of project management, the commissioner of correction, the secretary of the executive office of human services, and such other persons as said deputy commissioner deems appropriate, recommend to the general court, in accordance with the provisions of this section, alternative methods for procurement of design and construction services, including, but not limited to construction management, fast-tracked or phased construction, turnkey procurement, design and build procurement, the utilization of modular buildings, and the utilization of inmate work crews.

In making a recommendation to the general court, said deputy commissioner shall, as to each project for which an alternative method is recommended, set forth in full the procedures by which design and construction services for the project shall be procured; provided, however, that a study shall be completed pursuant to section seven K of chapter twenty-nine of the General Laws prior to contracting for any services for the design or construction of such project; provided further, that such recommended procedures shall provide for an open competition for design and construction publicly advertised pursuant to paragraph one of section forty-four J of chapter one hundred and forty-nine of the General Laws. Said deputy commissioner shall file with the recommendation a report to the general court specifying the reasons for determining that such recommended alternative method is necessary and feasible and setting forth a comparison of costs, time schedules, and quality of construction between the recommended alternative, and the procurement procedures that will apply if the alternative method is not approved.

Said deputy commissioner shall file the recommendation and report with the inspector general at least fifteen days before said deputy commissioner files said recommendation and report with the general court. The inspector general shall review the recommendation and report with respect to the prevention of fraud, waste, and abuse and shall make such comments as said inspector general deems warranted. Said deputy commissioner shall annex the comments of said inspector general to the report of said deputy commissioner to the general court.

Said deputy commissioner shall file the recommendation and report together with comments, if any, of the inspector general with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on human sevices and elderly affairs and the joint committee on state administration.

SECTION 4. The state treasurer may borrow from time to time on the credit of the commonwealth such sums of money as may be necessary for the purpose of meeting payments authorized by this act and may issue and renew from time to time notes of the commonwealth therefor, bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such term, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such note, whether original or renewal shall not be later than June thirtieth, nineteen hundred and ninety-seven. Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.

SECTION 5. To meet the expenditures necessary in carrying out the provisions of sections two and three of this act, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth, to an amount specified by the governor from time to time, not exceeding in the aggregate, the sum of three hundred and sixty-nine million four hundred and eighty-five thousand dollars.

All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Department of Mental Health Capital Outlay Loan, Act of 1987, and shall be issued for such maximum term of years not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and seventeen. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 6. For the purposes of utilizing the unoccupied acute in-patient beds in the public and private hospitals in the commonwealth as well as maximizing medicaid and other third party reimbursements, the commissioner of the department of mental health is hereby directed to take all appropriate steps, including attempts to lease or purchase beds from both private and public hospitals, or to affiliate with and operate under the license of such hospitals; provided, however, that any conversion of existing private, nonprofit or municipal hospital beds pursuant to an agreement with the commissioner of the department of mental health shall be exempt from the provisions of sections twenty-five C, twenty-five D, twenty-five E, twenty-five F, and twenty-five G of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need; and provided, further, that costs and revenues generated in the operation of in-patient beds pursuant to such an agreement shall be treated for the purposes of establishing rates and charges under chapter six A of the General Laws as if a determination of need had been granted. For the purpose of calculating the hospital maximum allowable cost and gross patient service revenues under said chapter six A, costs of staffing these units shall be considered as a cost to the hospital.

SECTION 7. For the purposes of renovating, upgrading, constructing, and improving the in-patient care and housing for the state mental health facilities in as little time as possible while maintaining economy of construction, the deputy commissioner of capital planning and operations, pursuant to items 5011-8874, 5011-8875, 5011-8876, 5011-8878, 5051-8871, and items 5095-8871 to 5095-8878, inclusive of section two of this act, may after consultation with the director of the office of project management, the commissioner of the department of mental health, the secretary of the executive office of human services, and such other persons as said deputy commissioner deems appropriate may recommend to the general court, in accordance with the provisions of this section, alternative methods for procurement of design and construction services, including, but not limited to, construction management, fast-tracked or phased construction, turnkey procurement, and design and build procurement.

In making a recommendation to the general court, said deputy commissioner shall set forth in full the procedures by which designing and construction services for the project shall be procured; provided however, that such recommended procedures shall provide for an open competition for design and construction publicly advertised pursuant to paragraph (1) of section forty-four J of chapter one hundred and forty-nine of the General Laws. Said deputy commissioner shall file with the recommendation and report to the general court specifying the reasons for determining that such recommended alternative method is necessary and feasible and setting forth a comparison of costs, time schedules, and quality of construction between the recommended alternative and the procurement procedures that will apply if the alternative method is not approved.

Said deputy commissioner shall file the recommendation and report with the inspector general at least fifteen days before said deputy commissioner files said recommendation and report with the general court. The inspector general shall review the recommendation and report with respect to the prevention of fraud, waste, and abuse and shall make such comments as said inspector general deems warranted. Said deputy commissioner shall annex the comments of said inspector general to the report of said deputy commissioner to the general court.

Said deputy commissioner shall file the recommendation and report together with comments, if any, of the inspector general with the clerks of the house of representatives and senate and the house and senate committees on ways and means.

SECTION 8. The department of mental health and the division of capital planning and operations shall enter an interagency agreement reserving space for a specialized mental health unit in each of the new houses of correction funded by chapter seven hundred and ninety-nine of the acts of nineteen hundred and eighty-five and chapter six hundred and fifty-eight of the acts of nineteen hundred and eighty-six. Said new houses of correction are to be located in the following counties: Bristol, Essex, Hampden, Norfolk, and Suffolk. The specialized mental health units shall be managed by the sheriff of the house of correction. Mental health services shall be provided for prisoners detained therein by the forensic staff of the department of mental health.

SECTION 9. There is hereby established a special commission for the purpose of determining the most feasible alternative for the expansion or relocation of the regional talking book library. The special committee shall consist of the chairman of the house committee on ways and means, the chairman of the senate committee on ways and means, the secretary of the executive office of human services, the deputy commissioner of the division of capital planning and operations and the commissioner for the blind.

The Perkins school for the blind shall submit a proposal for the expansion of the regional talking book library at said school comparable to the proposal developed by the division of capital planning and operations to the special committee within five months of the effective date of this act; provided, however, no funds appropriated in item 4110-7871 in section two of this act may be expended in the event that a proposal submitted by the Perkins school for the blind is accepted by said committee; provided, further, that the special committee shall make its decision on the most feasible alternative for the expansion or relocation of said regional library not later than six months from the effective date of this act. After these six months, if the proposal submitted by the Perkins school for the blind is not offered to or accepted by said committee, then the commission for the blind shall proceed with the relocation and expansion of the regional talking book library at the site determined by the division of capital planning and operation.

SECTION 10. The deputy commissioner of the division of capital planning and operations shall establish a special unit to be assigned to expedite the planning, design, and construction of the projects authorized by this act. A similar special unit shall also be established by the commissioner of mental health. Said deputy commissioner or commissioner of mental health may, in accordance with a schedule annually approved by the commissioner of administration, temporarily hire additional employees or consultants and assign any employee of the division of capital planning and operations or the department of mental health, respectively to said special unit; provided, however, that the salaries and administrative expenses for both of the special units shall be paid from funds authorized by this act as a part of the cost of the development and construction of said projects; provided, further, that the duties of said positions shall be exclusively limited to projects authorized by this act; provided, further, that thirty days prior to the hiring or transfer of said additional employees, said deputy commissioner or the commissioner of mental health shall notify the house and senate committees on ways and means.

SECTION 11. For the purposes of preventing duplication of planning efforts and capital expenditures, all capital improvements for services for medically-involved mentally ill department of mental health patients shall proceed consistent with the requirements and conclusions of section twelve of chapter two hundred and seventy-nine of the acts of nineteen hundred and eighty-six.

SECTION 12. Section 2 of chapter 798 of the acts of 1979 is hereby amended by striking out item 5471-8801 and inserting in place thereof the following item:- `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=11,53,tfh1;c5=15,49,tu;c6=65,14,tur `tc1 5471-8801 `tc4 For replacement of existing oil fired boilers with new boilers and appurtenant devices, including air pollution modifications `tc6 $100,000 `tcol;end

SECTION 13. Item 5655-8841 of section 2 of chapter 723 of the acts of 1983 is hereby amended by striking out the wording and inserting in place thereof the wording:- For plans, renovations and improvements of the G building at Boston state hospital.