Bill S.1691

SENATE DOCKET, NO. 1844 FILED ON: 1/16/2015

SENATE . . . . . . . . . . . . . . No. 1691

By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1691) of Mark C. Montigny and Antonio F. D. Cabral for legislation to further expand Bristol Community College in downtown New Bedford. State Administration and Regulatory Oversight.

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act to further expand Bristol Community College in downtown New Bedford.

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. (a) To provide additional facilities for the Bristol Community College in the downtown area of the city of New Bedford, the

commissioner of the division of capital asset management and maintenance notwithstanding any general or special law to the contrary is hereby authorized,

notwithstanding the provisions of chapter seven of the General Laws to the contrary, to

negotiate and enter into a lease having a term of up to twenty years, including such options

for the commonwealth to extend said term as the commissioner may determine, after

consulting with president of the Bristol Community College, for land,

buildings and improvements in the downtown district, so-called, of said city of New Bedford.

Said lease shall be for use of the property by said university for a campus facility in

the downtown area of said city of New Bedford. The developer selected pursuant to the

provisions of this subsection shall be the landlord under the lease and shall be obliged to

construct the improvements required under this section. Funding for said lease shall be

subject to annual appropriation by the general court and to annual authorization for

expenditure of said funds by the secretary of administration and finance and the board of

trustees of the Bristol Community College, and shall contain such other terms as shall be

required by the commissioner.

The commissioner is hereby authorized to select the developer of the property. Said

commissioner shall establish competitive and public processes for the selection of said

developer, which processes shall include: the issuance of requests for proposals containing

the date, time and place for the submission of proposals, the developer selection criteria, and

the required content for proposals; public advertisement for the issuance of said requests for

proposals; and the use of selection criteria which shall include the experience, qualifications,

capability and financial viability of the developer, designer or construction contractor as the

case may be, the cost to the commonwealth, and the financial and other benefits to the

commonwealth and the local community. Said commissioner shall also select the designer

and construction contractor pursuant to the process established by said commissioner.

(b) The lease authorized in this section shall include final plans and specifications

at one-hundred percent design stage, ready for construction, and containing such

improvements to the property as are necessary for the Bristol Community College for its downtown New Bedford campus facility as determined by the

commissioner in consultation with the president of said university. Such plans and

specifications shall be prepared by the designer selected pursuant to the provisions of

subsection (a). Said lease shall require the developer to construct the improvements shown

in said plans and specifications and said lease shall not be executed until the completion and

incorporation of such plans and specifications.

commonwealth to purchase the property which shall be exercisable during the lease term,

or at the end of the lease term, or any extension thereof. The commonwealth, if it exercises

said option to purchase, may purchase the property, [subject to appropriation, for not more

than the fair market value of the property at the time of exercise of the option, taking into

account any rental and other payments made by the commonwealth under the terms of said

lease. Said commissioner is hereby authorized, notwithstanding said chapter seven, to

exercise said option and to acquire the property on behalf of the commonwealth.

(d) The developer who is the landlord under the lease authorized by this section shall

pay for all surveys, plans and specifications and other costs and expenses associated with the

improvements to the property required under the lease and all costs and expenses associated

with the leasing process as required by the commissioner, and shall be responsible for, and

indemnify the commonwealth from and against, all costs and liabilities associated with, the

environmental condition of the property.

(e) The lease authorized by this section shall be in a form approved by the attorney

general. The negotiated lease price for any parcel or site pursuant to this section shall be for

not more than fair market value determined by independent appraisal, for the uses described

in subsection (a). The inspector general shall review and approve said appraisal and said

review shall include an examination of the methodology utilized for said appraisal. Said

inspector general shall review and approve the reasonableness and appropriateness of the

process and criteria, as such protect the public interest, established by the commissioner of

the division of capital planning and operations for the selection of any developer, designer

and construction contractor pursuant to the provisions of subsection (a). Said inspector

general shall prepare a report of his review and file said report with the commissioner, the

house and senate committees on ways and means and joint committee on state administration and regulatory oversight.

(f) Said commissioner shall, thirty days before the execution of any lease agreement

authorized by this section, or any subsequent amendment thereof, submit the agreement or

amendment and a report thereon to the inspector general for his review and approval. Said

inspector general shall issue his review and comment within fifteen days of receipt of any

agreement or amendment. Said commissioner shall submit the agreement and any

subsequent amendments thereof, the reports, and the comments of the inspector general, if

any, to the house and senate committees on ways and means and the chairmen of the joint

committee on state administration and regulatory oversight at least fifteen days prior to execution.

(g) The president of Bristol Community College shall submit

sixty days after the effective date of this act, but in no event after the inspector general

receives the lease agreement pursuant to the provisions of subsection (f), a financial plan and

an operating plan for any property used, owned, leased or maintained by said university in

said city of New Bedford after the effective date of this act. Said plans shall include, but not

be limited to:

(1) A financial and operating plan for the continued use or discontinued use by said

university campus of any property in said city of New Bedford in use on the effective date

of this act, including current and future fiscal year costs of such usage and any savings

resulting from the discontinued use of said property;

(2) A financial plan for any new property lease pursuant to this section, including

current and future fiscal year lease payments, utility costs, maintenance and operating costs

and capital replacement reserves;

(3) Revenue sources proposed to fund any net increase in lease, maintenance and

operating costs resulting from said newly leased property in excess of the amounts paid by

the said university as identified by clause (1);

(4) An operating plan for any new property leased pursuant to this section detailing

the proposed usage and hours of operation of said property, the programs, services and

administrative operations proposed to be located at said new property, any proposed

subleases of said new property to parties other than the said Bristol Community College campus

and revenues resulting from said subleases and the full-time or contracted personnel

proposed to maintain and operate said new property'

The future fiscal year cost projections required by clauses (1) and (2) shall be for the

term of any lease authorized by this section.

Name:	District/Address:
Mark C. Montigny	Second Bristol and Plymouth
Antonio F. D. Cabral	13th Bristol