HOUSE DOCKET, NO. 3927        FILED ON: 7/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3619

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act establishing the Massworks infrastructure program.

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.  Chapter 6C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out sections 47 through 48.

SECTION 2.  Chapter 23A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 62 the following section:-

MASSWORKS INFRASTRUCTURE PROGRAM

Section 63.  (a) There shall be within the executive office of housing and economic development a MassWorks Infrastructure Program to issue public infrastructure grants to municipalities and other public instrumentalities for design, construction, building, land acquisition, rehabilitation, repair, and other improvements to publicly-owned infrastructure including, but not limited to, sewers, utility extensions, streets, roads, curb-cuts, parking, water treatment systems, telecommunications systems, transit improvements, and pedestrian and bicycle ways.  The grant program shall also provide for commercial and residential transportation and infrastructure development, improvements and various capital investment projects under the Growth Districts Initiative established by the executive office of housing and economic development. The grants shall be used to assist municipalities to advance projects that support job creation and expansion, housing development and rehabilitation, community development, and small town transportation projects. Projects that support sustainable development in the commonwealth will be preferred.

(b) Eligible public infrastructure must be located on public land or on public leasehold, right-of-way or easement.  Any project that uses grants provided by this chapter shall be procured by a municipality in accordance with chapter 30B, section 39M of chapter 30, chapter 149 and chapter 7.

(c) There shall be at least one open solicitation period each year to accept and consider new applications.  Not less than 12 weeks before the annual open solicitation period, the executive office of housing and economic development shall release the criteria upon which the applications will be judged including, but not limited to, a minimum project readiness standard, overall spending targets by project type, and other preferences applying to that funding round. Projects of significant regional benefit that arise out of round may be made at the discretion of the secretary of housing and economic development.

(d) Any eligible city or town, acting by and through its municipal officers or by and through any agency designated by such municipal officers to act on their behalf may apply to the program for a grant in a specific amount to fund a specified project.  Said grants may be made in addition to other forms of local, state, and federal assistance.

(e) Within the program, a portion of the grant funds shall be dedicated annually to assist towns with populations of 7,000 or less in undertaking projects to design, construct, reconstruct, widen, resurface, rehabilitate, and otherwise improve roads and bridges or for the construction of chemical storage facilities, that support economic or community development.  Such towns shall be eligible for a grant not to exceed $1,000,000, and towns shall be eligible to receive one grant every 3 fiscal years. Two or more towns eligible under this subsection may file a joint application for a single project serving those towns, but the total amount distributed to any one town shall not exceed the maximum amount allowed under this section. Receipt of a grant which is part of a joint application shall not preclude a town from receiving additional funds under a separate application. Receipt of a grant of funds dedicated annually to assist towns with population of 7,000 or less shall not preclude a town from receiving additional funds that support job creation and expansion, housing development and rehabilitation, and community development from the MassWorks Infrastructure Program.

(f) The secretary of housing and economic development may establish rules and regulations to govern the application and distribution of grants under this section. The rules and regulations may include provisions for joint applications by 2 or more eligible towns for a single project serving those towns. Any rules or regulations, or any amendment or repeal of any rules or regulations adopted under this section shall be filed with the clerks of the senate and house of representatives.

(g) The secretary of housing and economic development shall report annually to the clerks of the house of representatives and the senate, the chairs of the joint committee on transportation, the chairs of the joint committee on economic development and emerging technologies, the chairs of the senate and house committees on ways and means, and the chairs of the joint committees on state administration and regulatory oversight on the activities and status of the MassWorks Infrastructure Program.  The report shall include a list and description of all projects that received grant funds under the program, the amount of the grant awarded to the project, other sources of public funds that supported the project, a detailed analysis of the economic impact of each project including but not limited to the number of construction and full time equivalent jobs to be created, the number of housing units to be created, the private investment in the project, and the expected tax revenue generated from the project.

SECTION 3.  Section 57A of chapter 121B, as appearing in the 2010 Official Edition, is hereby repealed.

SECTION 4.  Item 6033-9013 of section 2 of chapter 246 of the acts of 2002 is hereby amended by adding the following words:- ; provided, that after July 1, 2011 this item shall be used for the MassWorks Infrastructure Program, as established by section 63 of chapter 23A of the General Laws; provided further, that any uncommitted balance as of July 1, 2011 from the aforementioned item shall be transferred to the executive office of housing and economic development; provided further, that any unexpended balance as of September 1, 2011 from the aforementioned item or its successor item established as a result of Chapter 25 of the Acts of 2009 shall be transferred to item 7002-8005 within the executive office of housing and economic development;  and provided further, that before October 1, 2011 the executive office of  housing and economic development shall submit a report on the amount of authorization expended from this item before July 1, 2011; provided further, that said report shall detail awards expected to utilize this authorization after July, 1, 2011 and the schedule plan for completing awards; and provided further that said report shall be delivered to the joint committee on ways and means, the house committee on bonding, capital expenditures and state assets and the senate committee on bonding, capital expenditures and state assets.

SECTION 5.  Item 6033-0428 of section 2B of chapter 291 of the acts of 2004 is hereby amended by adding the following words:- ; provided, that after July 1, 2011 this item shall be used for the MassWorks Infrastructure Program, as established by section 63 of chapter 23A of the General Laws; provided further, that any uncommitted balance as of July 1, 2011 from the aforementioned item or its successor item established as a result of Chapter 25 of the Acts of 2009 shall be transferred to item 7002-8010 within the executive office of housing and economic development; provided further, that any unexpended balance as of September 1, 2011 from the aforementioned item shall be transferred to the executive office of housing and economic development;  and provided further, that before October 1, 2011 the executive office of  housing and economic development shall submit a report on the amount of authorization expended from this item before July 1, 2011; provided further, that said report shall detail awards expected to utilize this authorization after July, 1, 2011 and the schedule plan for completing awards; and provided further that said report shall be delivered to the joint committee on ways and means, the house committee on bonding, capital expenditures and state assets and the senate committee on bonding, capital expenditures and state assets.

SECTION 6.  Item 6033-0499 of said section 2B of said chapter 291 is hereby amended by adding the following words:- ; provided, that after July 1, 2011 this item shall be used for the MassWorks Infrastructure Program, as established by section 63 of chapter 23A of the General Laws; provided further, that any uncommitted balance as of July 1, 2011 from the aforementioned item or its successor item established as a result of Chapter 25 of the Acts of 2009 shall be transferred to item 7002-8015 within the executive office of housing and economic development; provided further, that any unexpended balance as of September 1, 2011 from the aforementioned item shall be transferred to the executive office of housing and economic development;  and provided further, that before October 1, 2011 the executive office of  housing and economic development shall submit a report on the amount of authorization expended from this item before July 1, 2011; provided further, that said report shall detail awards expected to utilize this authorization after July, 1, 2011 and the schedule plan for completing awards; and provided further that said report shall be delivered to the joint committee on ways and means, the house committee on bonding, capital expenditures and state assets and the senate committee on bonding, capital expenditures and state assets.

SECTION 7.  Item 6001-0421 of section 2I of said chapter 291 is hereby amended by adding the following words:- ; provided, that after July 1, 2011 this item shall be used for the MassWorks Infrastructure Program, as established by section 63 of chapter 23A of the General Laws; provided further, that any uncommitted balance as of July 1, 2011 from the aforementioned item or its successor item established as a result of Chapter 25 of the Acts of 2009 shall be transferred to  item 7002-8020 within executive office of housing and economic development; provided further, that any unexpended balance as of September 1, 2011 from the aforementioned item shall be transferred to the executive office of housing and economic development;  and provided further, that before October 1, 2011 the executive office of  housing and economic development shall submit a report on the amount of authorization expended from this item before July 1, 2011; provided further, that said report shall detail awards expected to utilize this authorization after July, 1, 2011 and the schedule plan for completing awards; and provided further that said report shall be delivered to the joint committee on ways and means, the house committee on bonding, capital expenditures and state assets and the senate committee on bonding, capital expenditures and state assets.

SECTION 8.  Item 1100-8000 of section 2B of chapter 123 of the Acts of 2006 is hereby amended by adding the following words:- ; provided, that after July 1, 2011 this item shall be used for the MassWorks Infrastructure Program, as established by section 63 of chapter 23A of the General Laws; provided further, that any uncommitted balance as of July 1, 2011 from the aforementioned item or its successor item established as a result of Chapter 25 of the Acts of 2009 shall be transferred to the executive office of housing and economic development; provided further, that any unexpended balance as of September 1, 2011 from the aforementioned item shall be transferred to item 7005-8025 within the executive office of housing and economic development;  and provided further, that before October 1, 2011 the executive office of  housing and economic development shall submit a report on the amount of authorization expended from this item before July 1, 2011; provided further, that said report shall detail awards expected to utilize this authorization after July, 1, 2011 and the schedule plan for completing awards; and provided further that said report shall be delivered to the joint committee on ways and means, the house committee on bonding, capital expenditures and state assets and the senate committee on bonding, capital expenditures and state assets.

SECTION 9.  Item 6033-0887 of section 2B of chapter 86 of the acts of 2008, is hereby amended by adding the following words:- ; provided, that after July 1, 2011 this item shall be used for the MassWorks Infrastructure Program, as established by section 63 of chapter 23A of the General Laws; provided further, that any uncommitted balance as of July 1, 2011 from the aforementioned item or its successor item established as a result of Chapter 25 of the Acts of 2009 shall be transferred to  item 7002-8030 within executive office of housing and economic development; provided further, that any unexpended balance as of September 1, 2011 from the aforementioned item shall be transferred to the executive office of housing and economic development;  and provided further, that before October 1, 2011 the executive office of  housing and economic development shall submit a report on the amount of authorization expended from this item before July 1, 2011; provided further, that said report shall detail awards expected to utilize this authorization after July, 1, 2011 and the schedule plan for completing awards; and provided further that said report shall be delivered to the joint committee on ways and means, the house committee on bonding, capital expenditures and state assets and the senate committee on bonding, capital expenditures and state assets.

SECTION 10.  Item 7004-0035 of section 2 of chapter 119 of the acts of 2008 is hereby amended by adding the following words:- ; provided, that after July 1, 2011 this item shall be used for the MassWorks Infrastructure Program, as established by section 63 of chapter 23A of the General Laws; provided further, that any uncommitted balance as of July 1, 2011 from the aforementioned item or its successor item established as a result of Chapter 25 of the Acts of 2009 shall be transferred to  item 7005-8035 within executive office of housing and economic development; provided further, that any unexpended balance as of September 1, 2011 from the aforementioned item shall be transferred to the executive office of housing and economic development;  and provided further, that before October 1, 2011 the executive office of  housing and economic development shall submit a report on the amount of authorization expended from this item before July 1, 2011; provided further, that said report shall detail awards expected to utilize this authorization after July, 1, 2011 and the schedule plan for completing awards; and provided further that said report shall be delivered to the joint committee on ways and means, the house committee on bonding, capital expenditures and state assets and the senate committee on bonding, capital expenditures and state assets.

SECTION 11.  Item 6033-0887 of section 2B of chapter 303 of the acts of 2008, as amended by section 34 of chapter 26 of the acts of 2009 is hereby amended by adding the following words:- ; provided, that after July 1, 2011 this item shall be used for the MassWorks Infrastructure Program, as established by section 63 of chapter 23A of the General Laws; provided further, that any uncommitted balance as of July 1, 2011 from the aforementioned item or its successor item established as a result of Chapter 25 of the Acts of 2009 shall be transferred to the item 7002-8040 within executive office of housing and economic development; provided further, that any unexpended balance as of September 1, 2011 from the aforementioned item shall be transferred to the executive office of housing and economic development;  and provided further, that before October 1, 2011 the executive office of  housing and economic development shall submit a report on the amount of authorization expended from this item before July 1, 2011; provided further, that said report shall detail awards expected to utilize this authorization after July, 1, 2011 and the schedule plan for completing awards; and provided further that said report shall be delivered to the joint committee on ways and means, the house committee on bonding, capital expenditures and state assets and the senate committee on bonding, capital expenditures and state assets.

SECTION 12.  Item 6033-0877 of section 2B of chapter 303 of the acts of 2008, as amended by section 33 of chapter 26 of the acts of 2009, is hereby amended by adding the following words:- ; provided, that after July 1, 2011 this item shall be used for the MassWorks Infrastructure Program, as established by section 63 of chapter 23A of the General Laws; provided further, that any uncommitted balance as of July 1, 2011 from the aforementioned item shall be transferred to the executive office of housing and economic development; provided further, that any unexpended balance as of September 1, 2011 from the aforementioned item or its successor item established as a result of Chapter 25 of the Acts of 2009 shall be transferred to item 7002-8045 within the executive office of housing and economic development;  and provided further, that before October 1, 2011 the executive office of  housing and economic development shall submit a report on the amount of authorization expended from this item before July 1, 2011; provided further, that said report shall detail awards expected to utilize this authorization after July, 1, 2011 and the schedule plan for completing awards; and provided further that said report shall be delivered to the joint committee on ways and means, the house committee on bonding, capital expenditures and state assets and the senate committee on bonding, capital expenditures and state assets.

SECTION 13.  Item 6001-0803 of section 2C of chapter 303 of the acts of 2008 is hereby amended by adding the following words:- ; provided, that after July 1, 2011 this item shall be used for the MassWorks Infrastructure Program, as established by section 63 of chapter 23A of the General Laws; provided further, that any uncommitted balance as of July 1, 2011 from the aforementioned item or its successor item established as a result of Chapter 25 of the Acts of 2009 shall be transferred to item 7002-8050 within the executive office of housing and economic development; provided further, that any unexpended balance as of September 1, 2011 from the aforementioned item shall be transferred to the executive office of housing and economic development;  and provided further, that before October 1, 2011 the executive office of  housing and economic development shall submit a report on the amount of authorization expended from this item before July 1, 2011; provided further, that said report shall detail awards expected to utilize this authorization after July, 1, 2011 and the schedule plan for completing awards; and provided further that said report shall be delivered to the joint committee on ways and means, the house committee on bonding, capital expenditures and state assets and the senate committee on bonding, capital expenditures and state assets.

SECTION 14.  Item 6001-0817 of said section 2C of said chapter 303 is hereby amended by adding the following words:- ; provided, that after July 1, 2011 this item shall be used for the MassWorks Infrastructure Program, as established by section 63 of chapter 23A of the General Laws; provided further, that any uncommitted balance as of July 1, 2011 from the aforementioned item or its successor item established as a result of Chapter 25 of the Acts of 2009 shall be transferred to  item 7002-8055 within executive office of housing and economic development; provided further, that any unexpended balance as of September 1, 2011 from the aforementioned item shall be transferred to the executive office of housing and economic development;  and provided further, that before October 1, 2011 the executive office of  housing and economic development shall submit a report on the amount of authorization expended from this item before July 1, 2011; provided further, that said report shall detail awards expected to utilize this authorization after July, 1, 2011 and the schedule plan for completing awards; and provided further that said report shall be delivered to the joint committee on ways and means, the house committee on bonding, capital expenditures and state assets and the senate committee on bonding, capital expenditures and state assets.

SECTION 15.  Item 1100-8020 of section 2C of chapter 304 of the acts of 2008, is hereby amended by adding the following words:- ; provided, that after July 1, 2011 this item shall be used for the MassWorks Infrastructure Program, as established by section 63 of chapter 23A of the General Laws; provided further, that any uncommitted balance as of July 1, 2011 from the aforementioned item or its successor item established as a result of Chapter 25 of the Acts of 2009 shall be transferred to item 7002-8060 within the executive office of housing and economic development; provided further, that any unexpended balance as of September 1, 2011 from the aforementioned item shall be transferred to the executive office of housing and economic development;  and provided further, that before October 1, 2011 the executive office of  housing and economic development shall submit a report on the amount of authorization expended from this item before July 1, 2011; provided further, that said report shall detail awards expected to utilize this authorization after July, 1, 2011 and the schedule plan for completing awards; and provided further that said report shall be delivered to the joint committee on ways and means, the house committee on bonding, capital expenditures and state assets and the senate committee on bonding, capital expenditures and state assets.

SECTION 16.  Item 6001-0816 of section 2B of chapter 240 of the acts of 2010, as amended by Section 1 of chapter 412 of the acts of 2010 is hereby amended by adding the following words:- ; provided, that after July 1, 2011 this item shall be used for the MassWorks Infrastructure Program, as established by section 63 of chapter 23A of the General Laws; provided further, that any uncommitted balance as of July 1, 2011 from the aforementioned item or its successor item established as a result of Chapter 25 of the Acts of 2009 shall be transferred to item 7002-8060 within the executive office of housing and economic development; provided further, that any unexpended balance as of September 1, 2011 from the aforementioned item shall be transferred to the executive office of housing and economic development;  and provided further, that before October 1, 2011 the executive office of  housing and economic development shall submit a report on the amount of authorization expended from this item before July 1, 2011; provided further, that said report shall detail awards expected to utilize this authorization after July, 1, 2011 and the schedule plan for completing awards; and provided further that said report shall be delivered to the joint committee on ways and means, the house committee on bonding, capital expenditures and state assets and the senate committee on bonding, capital expenditures and state assets.