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The 192nd General Court of the Commonwealth of Massachusetts


     Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
     Chapter 30 of the General Laws is hereby amended by inserting after section 39S the following section:-
     Section 39T.  Notwithstanding section 8 of chapter 268A, section 44F of chapter 149 or section 8 of chapter 149A, any agency of the commonwealth may, in the agency’s discretion, implement a controlled insurance program on any single project or by pooling more than 1 project into a combined or rolling program, including, but not limited to: (i) the division of capital asset management and maintenance; (ii) the Massachusetts Department of Transportation or any division or authority thereof; (iii) the Massachusetts Port Authority; (iv) the Massachusetts Water Resources Authority; (v) the Massachusetts State College Building Authority; (vi) the University of Massachusetts Building Authority; and (vii) the Massachusetts Convention Center Authority.  For the purposes of this section, a “controlled insurance program” means that the awarding authority bears the costs and benefits of 1 or more of the usual categories of insurance required for such a project or projects, including, but not limited to, general liability, completed operations, excess umbrella and workers' compensation insurance covering the awarding authority, the general contractor or construction manager at risk, the owner's project manager and all subcontractors performing work on site.

Approved, August 6, 2014.