Session Laws

Be it approved by the Senate and House of Representatives in General Court assembled, pursuant to Article LXXXVII of the Amendments to the Constitution, and by the authority of same, as follows:

SECTION 1. Section 9 of chapter 6A of the General Laws, as amended by section 2 of chapter 730 of the Acts of 1989, is hereby further amended by striking out the words "the division of energy resources and all other state agencies within said division;".

SECTION 2. Section 17 of said chapter 6A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting in line 8, after the word "office;" the words:- the division of energy resources;.

SECTION 3. Chapter 25A of the General Laws, as amended by section 4 of chapter 730 of the Acts of 1989, is hereby amended by striking out section 1 and inserting in place thereof the following section:-

Section 1. There shall be within the executive office of economic affairs a division called the Massachusetts division of energy resources, under the supervision of a commissioner of energy resources, hereinafter the commissioner. The duties given to the commissioner in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of the secretary of economic affairs. The commissioner shall be appointed by the secretary of economic affairs, with the approval of the governor, and may, with like approval, be removed. Said commissioner shall serve a term coterminous with that of the governor. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty of the general laws and the salary be determined in accordance with section forty-six C of said chapter thirty. The commissioner shall devote full time during business hours to the duties of the office.

SECTION 4. Section 2 of chapter 25A of the General Laws, as so appearing in the 1988 Official Edition, is hereby amended by striking out the third paragraph.

SECTION 5. Section 3 of said chapter 25A, as amended by section 7 of chapter 730 of the Acts of 1989, is hereby further amended by striking out the definition of "Secretary".

SECTION 6. Section 44M of chapter 149 of the General Laws, as amended by sections 34 and 35 of chapter 730 of the Acts of 1989, is hereby amended by striking the third, fourth and fifth paragraphs and inserting in place thereof the following paragraphs:-

Prior to the preparation of plans and specifications for the purposes of bidding requirements of said sections forty-four A to forty-four L inclusive, the awarding authority shall ensure that the life-cycle cost estimates have been completed and shall file summaries of said cost estimates with the building code commission and the secretary of economic affairs. No construction project shall be advertised for bids by any such awarding authority, nor shall any contract for construction be awarded by such authority, nor shall any building permit be issued until said summaries of cost estimates have been filed with the building code commission and with the secretary of economic affairs and approved by the secretary of economic affairs.

Any contractor for architectural services necessary to the preliminary design of a new building who fails to obtain life-cycle cost estimates in the performance of a contract containing language which stipulates such, shall be prohibited by the secretary of economic affairs from contracting, directly or indirectly, with the commonwealth or any political subdivision thereof for similar architectural services for a period of one year from the date of determination of said violation.

The secretary of economic affairs may offer to all public awarding authorities and other interested parties assistance and training in the performance of the requirements of this section. The secretary of economic affairs shall promulgate rules and regulations to implement the provisions of this section.

SECTION 7. Section 69H of chapter 164 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding after the word "cost." in line 5 the following sentence:- Said council shall be an independent agency within the executive office of consumer affairs and business regulation.

SECTION 8. Section 69H of chapter 164 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "commissioner of energy resources who shall be the chairman of the council." and inserting in line 8 after the word "affairs," the following words:- who shall be the chairman of the council, the commissioner of energy resources,.

SECTION 9. The second paragraph of said section 69H of chapter 164 of the General Laws, as so appearing, is hereby further amended by striking out the fifth sentence in lines 31 and 34 and inserting in place thereof the following sentence:- In the event of the absence or disqualification of the secretary of consumer affairs and business regulation, said secretary shall appoint an acting chair.

SECTION 10. All employees of any department, office, commission, committee, council, board, division, bureau, section, administrative unit or other agency transferred by this act to the executive office of economic affairs or any such agency thereof, who immediately prior to the effective date of this act, either hold permanent appointment in positions classified under chapter thirty-one of the General Laws or have tenure in their positions by reason of section nine A of chapter thirty of the General Laws, are hereby transferred to the executive office of economic affairs, or any such agency thereof, every such transfer to be without impairment of civil service status, seniority, retirement or other rights of the employee and without interruption of service within the meaning of chapter thirty-one or said section nine A and without reduction in compensation or salary grade notwithstanding any change in title or duties resulting from such transfer, subject to the provisions of chapter thirty-one and the rules and regulations adopted thereunder.

All employees of any such department, office, commission, council, board, division, bureau, section, administrative unit or other agency who, immediately prior to said effective date, neither hold permanent appointment in such positions nor have such tenure, are hereby transferred to the executive office of economic affairs or any such agency thereof, every such transfer to be without impairment of seniority, retirement or other rights of such employees, and without interruption of service within the meaning of section nine A of chapter thirty and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such transfer.

Nothing in this section shall be construed to confer upon any employee any rights not held immediately prior to the effective date of this act or to prohibit any reduction of salary or grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited prior to said effective date.

SECTION 11. All petitions, hearings and other proceedings duly brought before, and all prosecutions and legal and other proceedings duly begun by any department, office, commission, committee, council, board, division, bureau, section, officer, administrative unit or other agency transferred by this act to the executive office of economic affairs or any such agency thereof, which are pending immediately prior to the effective date of this act, shall continue unabated and remain in force notwithstanding the passage of this act, and shall thereafter be completed before or by the executive office or the appropriate agency thereof, as the case may be.

All orders, rules and regulations duly made, and all licenses, permits, certificates and approvals duly granted, and all legal and decisional precedents established, by any department, office, commission, committee, council, board, division, bureau, section, officer, administrative unit or other agency transferred by this act to the executive office of economic affairs or any such agency thereof, which are pending immediately prior to the effective date of this act, shall continue in force and the provisions thereof shall thereafter be enforced, until superseded, revised, rescinded or cancelled in accordance with law, by the division or the appropriate agency within the executive office or the executive office, as the case may be.

All questions regarding the identification of such petitions, hearings, prosecutions, proceedings, orders, rules, regulations, licenses, permits, certificates and approvals, and of the agencies to which the completion of enforcement thereof is so transferred, shall be determined by the secretary of the executive office to which the department, office, commission, committee, council, board, division, bureau, section, administrative unit or other agency transferred by this act is being transferred.

SECTION 12. All books, papers, records, property, documents, equipment, lands, interests in land, buildings, facilities and other property, both personal and real, which immediately prior to the effective date of this act, are in custody of any department, office, commission, committee, council, board, division, bureau, section, administrative unit or other agency transferred by this act to the executive office of economic affairs or any such agency thereof, are hereby transferred to the appropriate agency, that all such property held in trust shall continue to be held in trust by the appropriate agency, or if such agency shall continue to be held in trust by the appropriate agency, or if such agency shall decline such trust, by the trustee appointed by the secretary of administration and finance.

All questions regarding the identification of such property and of the agencies to which custody thereof is transferred shall be determined by the secretary of administration and finance.

SECTION 13. All duly existing contracts, memoranda of understanding, leases and obligations of any department, office, commission, committee, council, board, division, bureau, officer, section, administrative unit or other agency transferred by this act of the executive office of consumer affairs and business regulation or any such agency thereof, which are in force immediately prior to the effective date of this act, shall thereafter be performed by the appropriate division, the appropriate agency and/or the appropriate executive office. No existing right or remedy of any character shall be lost, impaired or affected by the provisions of this act.

SECTION 14. All monies heretofore appropriated for any department, office, commission, committee, council, board, division, bureau, section, administrative unit, officer or other agency transferred by this act to the executive office of economic affairs or any such agency thereof, remaining unexpended on the effective date of this act, are hereby transferred to said executive office and shall be available for expenditure by said executive office or the appropriate agency thereof for the purposes for which such funds were originally appropriated.

All questions regarding the identification of such monies and of the agencies to which they are so transferred shall be determined by the secretary for administration and finance.

SECTION 15. Wherever the name of any department, office, committee, commission, council, board, division, bureau, section, administrative unit or agency transferred by this act or the name of any agency which is abolished by this act the functions of which are transferred to the executive office of economic affairs or any such agency thereof, appears in any general or special law, or in any order, rule, regulation or other document, such name shall mean and shall be construed as referring to the division, the executive office or the appropriate agency thereof, as the case may be.

SECTION 16. Wherever in any special or general law or in any rule or regulation there is provided a right of appeal to any department, office, commission, committee, council, board, division, bureau, section, administrative unit, or officer of other agency transferred by this act to the executive office of economic affairs or any such agency thereof, a right of appeal to the division, the appropriate agency within the executive office, or to the executive office as the case may be, shall exist and such appeal shall be made pursuant to the provisions of any applicable law, rule or regulation or amendments thereto or, in the absence of such applicable law, rule or regulation, pursuant to chapter thirty A of the General Laws.

SECTION 17. All functions, rights, obligations, powers, duties and statutory provisions which, prior to the effective date of this act, were assigned to, or exercised by, any department, office, commission, committee, council, board, division, bureau, section, administrative unit, officer or other agency transferred by this act to the executive office of economic affairs or any such agency thereof, shall continue to be exercised and performed by, and to be assigned to the division, the appropriate agency or officer within the executive office or any such agency thereof except as such powers, duties or other statutory provisions are modified by this act.

SECTION 18. This act shall take effect upon expiration of sixty calendar days following its presentation to the general court pursuant to article LXXXVII of the Massachusetts constitution.

SECTION 19. If any provision of this act, or the application to any person or circumstance, shall be declared invalid under the constitution of the commonwealth or of the United States, such invalidity shall not affect the validity of the remaining provisions of this act. `ts `t(