Bill S.779

SENATE DOCKET, NO. 1232 FILED ON: 1/14/2009

SENATE . . . . . . . . . . . . . . No. 779

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act to Promote Municipal Efficiency and Innovation Through Regional Collaboration..

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 purpose of this Act is to benefit municipalities by providing streamlined opportunities for intermunicipal collaboration and service delivery, broadening the ability of Regional Planning Agencies to partner with state government and member municipalities to develop regional and intermunicipal initiatives, and making it possible for municipalities to deliver public services more economically and effectively.

SECTION 2. The following terms shall have the following meanings:

“Regional Planning Agencies”, all planning commissions in the commonwealth, specifically: “Berkshire Regional Planning Commission”, established under Section 3 of chapter 40B of the General Laws; “Cape Cod Commission”, established under chapter 716 of the Acts of 1989; “Central Massachusetts Regional Planning Commission”, established under Section 3 of said chapter 40B; “Franklin Regional Council of Governments”, established under Section 567 of chapter 151 of the Acts of 1996, and as amended by chapter 344 of the Acts of 1998; “Martha’s Vineyard Commission”, established under chapter 831 of the Acts of 1977, and as amended by chapter 317 of the Acts of 1979; “Merrimack Valley Planning Commission”, established under Section 3 of said chapter 40B; “Metropolitan Area Planning Council”, established under Section 26 of said chapter 40B; “Montachusett Regional Planning Commission”, established under Section 3 of said chapter 40B; “Nantucket Planning and Economic Development Commission”, established under chapter 561 of the Acts of 1973, and as amended by chapter 98 of the Acts of 1981 and chapter 458 of the Acts of 1991; “Northern Middlesex Council of Governments”, established under Section 3 of said chapter 40B, and as amended by chapter 357 of the Acts of 1972, chapter 14 of the Acts of 1974 and chapter 420 of the Acts of 1989; “Old Colony Planning Council”, established under chapter 332 of the Acts of 1967, and as amended by chapter 663 of the Acts of 1973; “Pioneer Valley Planning Commission”, established under Section 3 of said chapter 40B, and “Southeastern Regional Planning and Economic Development District”, established under Section 9 of said chapter 40B.

SECTION 3. The Governor shall direct all executive branch agencies, commissions and departments to evaluate all grant, loan, and technical assistance programs administered by such for opportunities to promote, facilitate and implement inter-municipal cooperation, collaboration, and regional service delivery at the local level.

Each department, agency, and commission within the executive branch shall provide evaluation results to the Governor within ninety (90) days, with the goal to identify opportunities to leverage state resources to promote regional, efficient solutions to common problems. Independent agencies and commissions are also urged to undertake similar evaluations of any grant, loan, or technical assistance program administered by them.

SECTION 4. The Governor shall direct the chairman of the Municipal Affairs Coordinating Committee to evaluate departmental programs for opportunities to increase collaboration between communities, and make recommendations to the Governor on the most promising opportunities that would achieve the aforementioned aims of efficient and enhanced local government service delivery.

SECTION 5. The Governor shall direct the Executive Office of Transportation and Public Works; Department of Housing and Community Development; Executive Office of Housing and Economic Development; Executive Office of Energy and Environmental Affairs, and Executive Office of Administration and Finance to encourage municipalities to submit joint applications for the following state spending programs: Public Works Economic Development Program; Transit Oriented Development Bond Program; Water Transportation Capital Funding Program; Small Town Road Assistance Program; Community Development Action Grant Program; Massachusetts Opportunity Relocation and Expansion Jobs Capital Program; State Revolving Fund; LAND Program; PARC; Drinking Water Supply Protection Grant Program; Coastal Pollutant Remediation Grant Program; Municipal sustainability Grant Program, and the Off-Street Parking Program.. Joint applications should receive higher scores than currently applied to joint applications to further reward and encourage such collaborations.

SECTION 6. Section 22A of chapter 7 of the General Laws is hereby amended by inserting after the words “state purchasing agent”, in the first sentence, the following words:

or a regional planning agency established pursuant to chapter 40B of the General Laws or special act, subject to such rules, regulations and procedures as may be established from time to time by said purchasing agent or regional planning agency.

SECTION 7. The Governor shall direct the executive office of administration and finance to amend 801 C.M.R. 21.00 to reflect that contracts between the Commonwealth and regional planning agencies to provide or to receive services, facilities, staff assistance or money payments shall be the equivalent of interdepartmental service agreements.

SECTION 8. The General Laws are hereby amended by inserting after the second paragraph of Section 5 of chapter 40B the following paragraphs:

Notwithstanding the provisions of any other section in this chapter, planning commissions established hereunder may administer and provide regional services to member cities and towns and may delegate such authority to subregional groups of such cities and towns. Planning commissions may enter into cooperative agreements with other planning commissions or regional councils of government to provide such regional services.

Regional services provided to member municipalities shall be determined by each planning commission’s executive committee, and may include any service which may be provided by the municipality or any other public entity in the commonwealth. In the event that an executive committee has not been established, such services shall be determined by the district planning commission.

Notwithstanding the provisions of any other section in this chapter, any city or town which is a member of the planning commission may enter into a cooperative agreement with said commission to perform jointly or for the other or in cooperation with other member cities and towns, any service, activity or undertaking which such city or town is authorized by law to perform.

All cooperative agreements entered into pursuant to this section by member cities and towns are voluntary, and notwithstanding any other law, require authorization by the relevant Board of Selectmen or City Council, with the approval of the mayor.

Notwithstanding the provisions of any other section in this chapter, planning commissions are authorized to enter into contracts and agreements with any department, agency or subdivision of the federal or state government and any individual, corporation, association or public authority to provide or receive services, facilities, staff assistance or money payments in connection with the work of planning commissions, and planning commissions may contribute or receive services, facilities, staff assistance or money payments as consideration such contracts and agreements.

SECTION 9. Section 14 of said chapter 40B, as so appearing, is hereby amended by inserting after subsection (o) the following paragraph:

(p) notwithstanding the provisions of any other section in this chapter, to administer and provide regional services to member cities and towns and may delegate such authority to subregional groups of such cities and towns. The commission may enter into cooperative agreements with other planning commissions or regional councils of government to provide such regional services. Regional services provided to member municipalities shall be determined by the executive committee and may include any service which may be provided by the municipality or any other public entity in the commonwealth.

(q) notwithstanding the provisions of any other section in this chapter, any city or town which is a member of the district may enter into a cooperative agreement with the commission to perform jointly or for the other or in cooperation with other member cities and towns, any service, activity or undertaking which such city or town is authorized by law to perform.

(r) all cooperative agreements entered into pursuant to subsection (p) or (q) of this section by member cities and towns are voluntary, and notwithstanding any other law, require authorization by the relevant Board of Selectmen or City Council, with the approval of the mayor.

SECTION 10. Said chapter 40B is hereby further amended by inserting after the final paragraph of Section 29 the following sections:

Section 29A. Notwithstanding the provisions of any other section in this chapter, the council is authorized to administer and provide regional services to member cities and towns and may delegate such authority to subregional groups of such cities and towns. The council may enter into cooperative agreements with other planning commissions or regional councils of government to provide such regional services.

Regional services provided to member municipalities shall be determined by the executive committee and may include any service which may be provided by the municipality or any other public entity in the commonwealth.

Section 29B. Notwithstanding the provisions of any other section in this chapter, any city or town which is a member of the council may enter into a cooperative agreement with said council to perform jointly or for the other or in cooperation with other member cities and towns, any service, activity or undertaking which such city or town is authorized by law to perform.

Section 29C. All cooperative agreements entered into by member cities and towns pursuant to Section 29A or Section 29B are voluntary, and notwithstanding any other law, require authorization by the relevant Board of Selectmen or City Council, with the approval of the mayor.

SECTION 11. Section 4 of chapter 716 of the Acts of 1989 is hereby amended by inserting after subsection (a)(27) the following paragraphs:

(28) notwithstanding the provisions of any other section of this chapter, to administer and provide regional services to member cities and towns and may delegate such authority to subregional groups of such cities and towns. The commission may enter into cooperative agreements with other planning commissions or regional councils of government to provide such regional services. Regional services provided to member municipalities shall be determined by the commission and may include any service which may be provided by the municipality or any other public entity in the commonwealth.

(29) notwithstanding the provisions of any other section in this chapter, any city or town which is a member of the commission may enter into a cooperative agreement with said commission to perform jointly or for the other or in cooperation with other member cities and towns, any service, activity or undertaking which such city or town is authorized by law to perform.

(30) all cooperative agreements entered into by member cities and towns pursuant to subsections (28) and (29) of this section are voluntary, and notwithstanding any other law, require authorization by the relevant Board of Selectmen or City Council, with the approval of the mayor.

(31) notwithstanding the provisions of any other section in this chapter, the commission is authorized to enter into contracts and agreements with any department, agency or subdivision of the federal or state government and any individual, corporation, association or public authority to provide or receive services, facilities, staff assistance or money payments in connection with the work of the commission, and the commission may contribute or receive services, facilities, staff assistance or money payments as consideration such contracts and agreements.

SECTION 12. Section 3 of chapter 831 of the Acts of 1977 is hereby amended by inserting after the fourth paragraph the following section:

Section 3A. Notwithstanding the provisions of any other section of this chapter, the commission may administer and provide regional services to member cities and towns and may delegate such authority to subregional groups of such cities and towns. The commission may enter into cooperative agreements with other planning commissions or regional councils of government to provide such regional services.

Regional services provided to member municipalities shall be determined by the commission and may include any service which may be provided by the municipality or any other public entity in the commonwealth.

Notwithstanding the provisions of any other section in this chapter, any city or town which is a member of the commission may enter into a cooperative agreement with said commission to perform jointly or for the other or in cooperation with other member cities and towns, any service, activity or undertaking which such city or town is authorized by law to perform.

All cooperative agreements entered into by member cities and towns pursuant to Section 3A are voluntary, and notwithstanding any other law, require authorization by the relevant Board of Selectmen or City Council, with the approval of the mayor.

Notwithstanding the provisions of any other section in this chapter, the commission is authorized to enter into contracts and agreements with any department, agency or subdivision of the federal or state government and any individual, corporation, association or public authority to provide or receive services, facilities, staff assistance or money payments in connection with the work of the commission, and the commission may contribute or receive services, facilities, staff assistance or money payments as consideration such contracts and agreements.

SECTION 13. Section 2 of chapter 561 of the Acts of 1973 is hereby amended by inserting after the first paragraph the following paragraphs:

Notwithstanding the provisions of any other section in this chapter, the Commission may administer and provide regional services to the county and town. The Commission may enter into cooperative agreements with other planning commissions or regional councils of government to provide such regional services.

Regional services provided to the county and town shall be determined by the Commission and may include any service which may be provided by the municipality or any other public entity in the commonwealth.

Notwithstanding the provisions of any other section in this chapter, the county and town which is a member of the Commission may enter into a cooperative agreement with said Commission to perform jointly any service, activity or undertaking which such county or town is authorized by law to perform.

All agreements entered into by the county or town pursuant to this section are voluntary, and notwithstanding any other law, require authorization by the Board of Selectmen.

Notwithstanding the provisions of any other section in this chapter, the Commission is authorized to enter into contracts and agreements with any department, agency or subdivision of the federal or state government and any individual, corporation, association or public authority to provide or receive services, facilities, staff assistance or money payments in connection with the work of the Commission, and the Commission may contribute or receive services, facilities, staff assistance or money payments as consideration such contracts and agreements.

SECTION 14. Section 2 of chapter 332 of the Acts of 1967 is hereby amended by inserting after the seventh paragraph the following section:

Section 2A. Notwithstanding the provisions of any other section in this chapter, the Council may administer and provide regional services to member cities and towns and may delegate such authority to subregional groups of such cities and towns. The Council may enter into cooperative agreements with other planning commissions or regional councils of government to provide such regional services.

Regional services provided to member municipalities shall be determined by the Council and may include any service which may be provided by the municipality or any other public entity in the commonwealth.

Notwithstanding the provisions of any other section in this chapter, any city or town which is a member of the Council may enter into a cooperative agreement with said Council to perform jointly or for the other or in cooperation with other member cities and towns, any service, activity or undertaking which such city or town is authorized by law to perform.

All agreements entered into by member cities and towns pursuant to this section are voluntary, and notwithstanding any other law, require authorization by the relevant Board of Selectmen or City Council , with the approval of the mayor.

SECTION 15. Subsection (U) of Section 567 of chapter 151 of the Acts of 1996 is hereby amended by inserting after the first paragraph the following paragraphs:

Notwithstanding the provisions of this chapter, the Franklin Council of Governments may administer and provide regional services to member cities and towns and may delegate such authority to subregional groups of such cities and towns. The Council of Governments may enter into cooperative agreements with other planning commissions or regional councils of government to provide such regional services.

Regional services provided to member municipalities shall be determined by the Council of Governments Committee and may include any service which may be provided by the municipality or any other public entity in the commonwealth.

Notwithstanding the provisions of any other section in this chapter, the Franklin Council of Governments is authorized to enter into contracts and agreements with any department, agency or subdivision of the federal or state government and any individual, corporation, association or public authority to provide or receive services, facilities, staff assistance or money payments in connection with the work of the commission, and the commission may contribute or receive services, facilities, staff assistance or money payments as consideration such contracts and agreements.

SECTION 16. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Regional Services Implementation Fund. Amounts credited to the fund shall be administered by the department of local services within the department of revenue which shall determine that the funds are used for activities consistent with the purpose of this act and the Massachusetts management and accounting report system. The amounts shall be used, without further appropriation, solely for the administration and implementation of this section.

The fund shall be a separate and expendable trust fund administered by the division of local services within the department of revenue. There shall be credited to the fund, revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund and investment income earned on the fund’s assets, and all other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund, and shall be allocated to the fund the following fiscal year.

One hundred percent of the monies deposited in the Regional Services Implementation Fund, but not more than $4,000,000.00 in the aggregate in any fiscal year, shall be used by the department of housing and community development within the executive office of housing and economic development to provide grants to regional planning agencies established under chapter 40B of the General Laws or special act to fund, at the request of one or more municipalities, the regionalization of municipal services, including but not limited to the funding of feasibility studies, subsidization of salaries for positions to perform municipal functions jointly and projects to implement joint services.

The department of housing and community development shall promulgate rules and regulations for the administration of the Regional Services Implementation Fund. Grant applications shall be reviewed by a panel including the department of housing and community development, executive office of administration and finance and department of revenue division of local services.

SECTION 17. This act shall take effect upon approval.