FILED ON: 6/12/2012
HOUSE . . . . . . . . . . . . . . . No. 4090
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The Commonwealth of Massachusetts
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In the Year Two Thousand Twelve
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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. Sections 47 and 48 of chapter 6C of the General Laws are hereby repealed.
SECTION 2. Chapter 23A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting the following section:-
Section 63. (a) There shall be established within the executive office of housing and economic development a MassWorks infrastructure program, hereinafter referred to as the “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 program shall 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; provided, however, that projects supporting sustainable development in the commonwealth shall be preferred.
(b) Eligible public infrastructure shall be located on public land or on public leasehold, right-of-way or easement. A project that uses grants provided by this section shall be procured by a municipality in accordance with chapter 7, section 39M of chapter 30, chapter 30B and chapter 149.
(c) There shall be at least 1 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 shall be judged including, but not limited to, a minimum project readiness standard, overall spending targets by project type, and other preferences applying to the funding round. Grants to projects of significant regional benefit that arise outside of the open solicitation period may be made at the discretion of the secretary of housing and economic development.
(d) An 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, at least 10 per cent 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 1 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; provided, however, that the total amount distributed to any 1 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.
(f) The secretary of housing and economic development may establish rules and regulations to govern the application and distribution of grants under the program. The rules and regulations may include provisions for joint applications by 2 or more eligible towns for a single project serving those towns.
(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 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, where applicable, 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 of the General Laws, as so appearing, 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 September 1, 2012 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 September 1, 2012 from the aforementioned item shall be transferred to the executive office of housing and economic development; provided further, that any unexpended balance as of November 1, 2012 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 December 31, 2012 the executive office of housing and economic development shall submit a report on the amount of authorization expended from this item before September 1, 2012; provided further, that said report shall detail awards expected to utilize this authorization after September 1, 2012 and the schedule plan for completing awards; and provided further that said report shall be delivered to the house and senate committees on ways and means and the house and senate committees 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 September 1, 2012 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 September 1, 2012 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 November 1, 2012 from the aforementioned item shall be transferred to the executive office of housing and economic development; and provided further, that before December 31, 2012 the executive office of housing and economic development shall submit a report on the amount of authorization expended from this item before September 1, 2012; provided further, that said report shall detail awards expected to utilize this authorization after September 1, 2012 and the schedule plan for completing awards; and provided further that said report shall be delivered to the house and senate committees on ways and means and the house and senate committees 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 September 1, 2012 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 September 1, 2012 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 November 1, 2012 from the aforementioned item shall be transferred to the executive office of housing and economic development; and provided further, that before December 31, 2012 the executive office of housing and economic development shall submit a report on the amount of authorization expended from this item before September 1, 2012; provided further, that said report shall detail awards expected to utilize this authorization after September 1, 2012 and the schedule plan for completing awards; and provided further that said report shall be delivered to the house and senate committees on ways and means and the house and senate committees 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 September 1, 2012 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 September 1, 2012 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 the executive office of housing and economic development; provided further, that any unexpended balance as of November 1, 2012 from the aforementioned item shall be transferred to the executive office of housing and economic development; and provided further, that before December 31, 2012 the executive office of housing and economic development shall submit a report on the amount of authorization expended from this item before September 1, 2012; provided further, that said report shall detail awards expected to utilize this authorization after September 1, 2012 and the schedule plan for completing awards; and provided further that said report shall be delivered to the house and senate committees on ways and means and the house and senate committees 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 September 1, 2012 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 September 1, 2012 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 November 1, 2012 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 December 31, 2012 the executive office of housing and economic development shall submit a report on the amount of authorization expended from this item before September 1, 2012; provided further, that said report shall detail awards expected to utilize this authorization after September 1, 2012 and the schedule plan for completing awards; and provided further that said report shall be delivered to the house and senate committees on ways and means and the house and senate committees 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 September 1, 2012 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 September 1, 2012 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 the executive office of housing and economic development; provided further, that any unexpended balance as of November 1, 2012 from the aforementioned item shall be transferred to the executive office of housing and economic development; and provided further, that before December 31, 2012 the executive office of housing and economic development shall submit a report on the amount of authorization expended from this item before September 1, 2012; provided further, that said report shall detail awards expected to utilize this authorization after September 1, 2012 and the schedule plan for completing awards; and provided further that said report shall be delivered to the house and senate committees on ways and means and the house and senate committees 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 September 1, 2012 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 September 1, 2012 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 the executive office of housing and economic development; provided further, that any unexpended balance as of November 1, 2012 from the aforementioned item shall be transferred to the executive office of housing and economic development; and provided further, that before December 31, 2012 the executive office of housing and economic development shall submit a report on the amount of authorization expended from this item before September 1, 2012; provided further, that said report shall detail awards expected to utilize this authorization after September 1, 2012 and the schedule plan for completing awards; and provided further that said report shall be delivered to the house and senate committees on ways and means and the house and senate committees on bonding, capital expenditures and state assets.
SECTION 11. Item 6035-0887 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 September 1, 2012 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 September 1, 2012 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 the executive office of housing and economic development; provided further, that any unexpended balance as of November 1, 2012 from the aforementioned item shall be transferred to the executive office of housing and economic development; and provided further, that before December 31, 2012 the executive office of housing and economic development shall submit a report on the amount of authorization expended from this item before September 1, 2012; provided further, that said report shall detail awards expected to utilize this authorization after September 1, 2012 and the schedule plan for completing awards; and provided further that said report shall be delivered to the house and senate committees on ways and means and the house and senate committees on bonding, capital expenditures and state assets.
SECTION 12. Item 6035-0877 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 September 1, 2012 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 September 1, 2012 from the aforementioned item shall be transferred to the executive office of housing and economic development; provided further, that any unexpended balance as of November 1, 2012 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 December 31, 2012 the executive office of housing and economic development shall submit a report on the amount of authorization expended from this item before September 1, 2012; provided further, that said report shall detail awards expected to utilize this authorization after September 1, 2012 and the schedule plan for completing awards; and provided further that said report shall be delivered to the house and senate committees on ways and means and the house and senate committees 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 September 1, 2012 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 September 1, 2012 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 November 1, 2012 from the aforementioned item shall be transferred to the executive office of housing and economic development; and provided further, that before December 31, 2012 the executive office of housing and economic development shall submit a report on the amount of authorization expended from this item before September 1, 2012; provided further, that said report shall detail awards expected to utilize this authorization after September 1, 2012 and the schedule plan for completing awards; and provided further that said report shall be delivered to the house and senate committees on ways and means and the house and senate committees 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 September 1, 2012 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 September 1, 2012 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 the executive office of housing and economic development; provided further, that any unexpended balance as of November 1, 2012 from the aforementioned item shall be transferred to the executive office of housing and economic development; and provided further, that before December 31, 2012 the executive office of housing and economic development shall submit a report on the amount of authorization expended from this item before September 1, 2012; provided further, that said report shall detail awards expected to utilize this authorization after September 1, 2012 and the schedule plan for completing awards; and provided further that said report shall be delivered to the house and senate committees on ways and means and the house and senate committees 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 September 1, 2012 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 September 1, 2012 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 November 1, 2012 from the aforementioned item shall be transferred to the executive office of housing and economic development; and provided further, that before December 31, 2012 the executive office of housing and economic development shall submit a report on the amount of authorization expended from this item before September 1, 2012; provided further, that said report shall detail awards expected to utilize this authorization after September 1, 2012 and the schedule plan for completing awards; and provided further that said report shall be delivered to the house and senate committees on ways and means and the house and senate committees 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 September 1, 2012 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 September 1, 2012 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 November 1, 2012 from the aforementioned item shall be transferred to the executive office of housing and economic development; and provided further, that before December 31, 2012 the executive office of housing and economic development shall submit a report on the amount of authorization expended from this item before September 1, 2012; provided further, that said report shall detail awards expected to utilize this authorization after September 1, 2012 and the schedule plan for completing awards; and provided further that said report shall be delivered to the house and senate committees on ways and means and the house and senate committees on bonding, capital expenditures and state assets.