Session Laws

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. The general court hereby finds that:

(1) It is an important function of government to increase opportunities for gainful employment and improve living conditions, assist in stimulating and promoting a balanced and productive economy and otherwise to improve the prosperity, health and general welfare of the inhabitants of the commonwealth.

(2) The lack of gainful employment in the commonwealth puts additional pressure on the state's welfare programs, increases the cost of unemployment compensation to the existing enterprises of the commonwealth and leaves many of the citizens of the commonwealth without health insurance.

(3) Therefore, it is in the best public interest of the commonwealth to promote the prosperity and general welfare of all citizens by taking all necessary and reasonable measures to make attractive and advantageous locations and facilities for major federal agencies and operations available to the federal government under the terms and conditions which are required by such federal agencies and are competitive with those offered by other states, including office space and facilities without cost to said agencies.

(4) The advantages of this program to the general public would include a significant increase in the gainful employment of the citizens; a decrease in welfare and unemployment compensation costs; and increase in the number of citizens covered by employment-related health insurance; a significant increase in economic activity; and an increase in the tax base of the commonwealth.

(5) It is therefore expressly declared that the provision of this act constitute a needed program in the public interest and serve a necessary and valid public purpose for which public money may be expended or invested.

SECTION 1A. To provide for certain activities and projects, the sums set forth in section two are hereby appropriated from the General Fund unless specifically designated otherwise in the items for the several purposes and subject to the conditions therein, subject to the provisions of law regulating the disbursement of public funds and the conditions pertaining to appropriations specified herein for the fiscal year nineteen hundred and ninety-three.

SECTION 2. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 1599-8000 `tc4 For capital projects for the establishment of a United States Department of Defense Financing and Accounting Service Facility in the town of Southbridge and the commonwealth's expenses in carrying out the provisions of this act including without limitation the acquisition of the selected site and all necessary facilities required to meet the Department of Defense Finance and Accounting Services requirements, planning and studies, the preparation of plans and specifications, any construction, reconstruction, improvement, renovation, enlargement, expansion, remodeling, alteration, repair and furnishings and equipment or build-out undertaken pursuant to the provisions of this act, and any administrative costs associated therewith either at the time of acquisition of the site or subsequent thereto; provided, that no funds shall be expended from this item prior to the recommendation of the Defense Base Closure and Realignment Commission to establish said facility in Southbridge and approval of said recommendation by the United States Congress; provided further, that funds from this item in an amount not to exceed one hundred thousand dollars shall be expended pursuant to section five of this act; and provided further, that the executive office of administration and finance in coordination with the executive office of economic affairs shall submit a report detailing all expenditures made pursuant to this item to the house and senate ways and means committees on or before July thirty-first, nineteen hundred and ninety-three and quarterly thereafter `tc6 $100,000,000 `tcol;end

SECTION 3. As used in this act the following terms shall, unless otherwise required, have the following meanings:

"Commissioner", the commissioner of the division of capital planning and operations;

"Selected Site", the site selected by the United States Department of Defense for its Defense Finance and Accounting Services in the town of Southbridge, as the same may be subsequently changed, expanded, reduced or otherwise altered or any replacement or alternative site chosen.

SECTION 4. (a) Upon notification by the United States Department of Defense to the town of Southbridge, that Southbridge has been selected by the United States Department of Defense as a site for its Defense Finance and Accounting Services facilities and such site has been so identified as part of the United States Secretary of Defense's recommendation to the United States Defense Base Closure and Realignment Commission and approval of said recommendation by the United States Congress, the commissioner is authorized, consistent with the provisions of this act, to take any and all necessary actions to acquire, procure, operate and maintain real property and facilities, including without limitation any associated appurtenances or improvements constructed thereon, necessary to satisfy the Defense Finance and Accounting Services requirements.

(b) The commissioner is further authorized to acquire the selected site together with its associated appurtenances and improvements through purchase, lease for a period not to exceed thirty years, lease for a period not to exceed thirty years with an option to purchase, the exercise of the power of eminent domain in accordance with the provisions of chapter seventy-nine or eighty A of the General Laws or any other procedure now or hereinafter provided by law, or otherwise.

(c) The commissioner is further authorized to employ alternative methods of procurement relative to the design, demolition, construction, reconstruction, improvement, renovation, enlargement, expansion, remodeling, repair or build-out of any and all facilities, as may be useful or necessary from time to time on the selected site to satisfy the requirements of the Defense Finance and Accounting Services, including without limitation, turnkey, design-build, lease, lease purchase or utilization of modular buildings.

(d) At least thirty days prior to utilizing a method of procurement pursuant to subsection (c) not otherwise authorized by chapter seven, or section seven E of chapter twenty-nine of the General Laws, the commissioner shall submit to the general court a report, in writing, which specifies the reasons for determining that such recommended alternative is useful or necessary.

(e) In the event the commissioner determines to procure the selected site through a purchase, the purchase price shall not be greater than the fair market value as determined and agreed upon by an appraiser selected by the division of capital planning and operations and an appraiser selected by the owner of the selected site. In the event the appraisers so selected are unable to agree upon the fair market value, they may jointly select a third appraiser, whose appraisal costs shall be equally borne by the owner and said division, who shall determine the fair market value for purposes of this section and so advise the commissioner. Each appraiser selected pursuant to this section shall be a state-licensed real estate appraiser as defined in section one hundred and seventy-three of chapter one hundred and twelve of the General Laws. Nothing contained herein shall affect or limit in any way the right of the commissioner to exercise the right of eminent domain in accordance with chapter seventy-nine or eighty A of the General Laws and this act.

(f) The commissioner is hereby further authorized to take any and all steps necessary to operate, manage or maintain or contract with third parties for the management, maintenance and operation of the selected site and facilities. Any contract for such services shall not be for a term greater than ten years.

(g) Any contract entered into pursuant to subsection (f) shall be subject to annual appropriations by the general court; provided, however, that nothing contained herein shall prohibit, subject to appropriation, the use of any funds in excess of the capital reserve requirements, as provided in the Federal Facilities Reserve Fund established by section two X of chapter twenty-nine of the General Laws, as inserted by section eight of this act, for purposes of subsection (f).

SECTION 5. Notwithstanding the provisions of subsection (a) of section 4, nothing contained herein shall prohibit the division of capital planning and operations from expending funds for planning and other administrative costs related to the purposes of this act prior to the notification of the United States Department of Defense to the town of Southbridge that it has been selected by the United States Department of Defense as a site for its Defense Financing and Accounting Services facilities. Amounts expended pursuant to said section shall be reimbursed from funds available pursuant to section two of this act and pursuant to schedules submitted to the house and senate ways and means committees.

SECTION 6. The commissioner is further authorized, subject to the written approval of the secretary of administration and finance, to lease to the Department of Defense, the General Services Administration or other agency of the United States Government, the selected site and any facilities, including without limitation, any associated improvements or appurtenances constructed thereon existing or subsequently acquired or procured pursuant to this act, for a term not to exceed thirty years and on such terms and conditions and for such consideration, if any, which he deems appropriate. Upon the expiration of any lease entered into hereunder, the commissioner shall have the authority to dispose of the selected site and any facilities, subject only to the procedures required by sections forty E to forty J, inclusive of chapter seven of the General Laws.

SECTION 7. The acquisition, procurement, construction, reconstruction, improvement, renovation, enlargement, expansion, remodeling, alteration, repair, build-out, development, financing, management, maintenance, operation or leasing of all or any portion of the selected site and its associated appurtenances and improvements for occupancy or use by the Department of Defense Finance and Accounting Services and any contract for construction and design or other consulting services for or relating to the construction, reconstruction, improvement, renovation, development, financing, management, maintenance, operation or leasing of all or any portion of the selected site and its associated appurtenances and improvements for the site and its facilities shall be exempt from the provisions of section thirty-eight A> to thirty-eight O, inclusive of chapter seven of the General Laws, section forty-four A to forty-four J, inclusive of chapter one hundred and forty-nine of the General Laws and section thirty-nine M of chapter thirty of the General Laws or any other special or general law or rule or regulation providing for the advertising or bidding of construction, development, financing, management, leasing or improvements to or the acquisition of or disposition of interest in real or personal property.

SECTION 8. Chapter 29 of the General Laws is hereby amended by inserting after section 2W, inserted by section 4 of chapter 203 of the acts of 1992, the following section:-

Section 2X. There is hereby established upon the books of the commonwealth a separate fund to be known as the Federal Facilities Reserve Fund. There shall be credited to such fund all revenues resulting from the development leasing, operation, granting of concessions or other use of the selected site and its facilities or agreements related thereto including, without limitation, grants, fees, compensation, payments or revenues of any kind from any agency of the federal government or any other governmental entity.

Amounts credited to such fund shall be available, subject to appropriation, for planning and studies, acquisition of land and buildings and interest therein, the preparation of plans and specifications, the development, construction, reconstruction, improvement, renovation, enlargement, expansion, remodeling, build-out, repair, furnishings and equipment, or management, operation or maintenance of the selected site and its facilities and any administration costs associated therewith; provided, however, that said funds shall not be used for management, operation or maintenance unless the commissioner determines that adequate reserves necessary to meet the foreseeable capital needs of the selected site and its facilities will be available in the fund despite such use.

SECTION 9. If final approval by the United States Congress of the Defense Base Closure and Realignment Commission's recommendation to locate said Finance and Accounting Services Facility in the town of Southbridge has not been received as of June thirtieth, nineteen hundred and ninety-four this act shall expire.

SECTION 10. This act shall take effect upon its passage.