Bill H.4217

HOUSE DOCKET, NO. 4544 FILED ON: 10/18/2019

HOUSE . . . . . . . . . . . . . . . No. 4217

By Mr. Biele of Boston, a petition (subject to Joint Rule 12) of David Biele relative to the expansion of the Boston Convention and Exhibition Center. State Administration and Regulatory Oversight.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to the expansion of the Boston convention and exhibition center.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith the expansion of the Boston convention and exhibition center, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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. For the purposes of the BCEC expansion project, this act shall be deemed to provide an exclusive and complete method for anything authorized herein and shall be deemed and construed to be supplemental and additional to, and not in derogation of, powers conferred upon the Authority under any other general or special law; provided, however, that if this act is inconsistent with any general or special law, administrative order or regulation or any limitation imposed by a corporate or municipal charter, this act shall control.

SECTION 2. As used in this act and chapter 195 of the acts of 2014, the following words shall have the following meanings, unless the context clearly requires otherwise:

“Authority”, the Massachusetts Convention Center Authority, established pursuant to section 33 of chapter 190 of the acts of 1982, or, if said Authority shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this act to said Authority shall be given by law.

“BCEC expansion project”, the planning, design, development, construction, expansion, rehabilitation, improvement, furnishing, equipping and finishing or any combination of the foregoing within the convention center development area of an expansion to the Boston convention and exhibition center containing additional contiguous exhibition space and attendant meeting rooms, lecture rooms, ballroom space, multi-purpose space and related common areas for public circulation, service and support, together with all necessary and related furnishings, furniture, machinery, equipment, parking facilities and other facilities, approaches, driveways, walkways, roadways, planting and landscaping associated therewith; the demolition or removal of any buildings or structures within the convention center development area and site preparation necessary to complete the project and associated permitting and environmental remediation thereof; and measures mitigating the local impact of the foregoing, in each case of a scale and scope generally consistent with the project description contained in the BCEC expansion project report.

“BCEC expansion project report”, the report, feasibility study and program prepared by Populous Architects Inc. pertaining to the BCEC expansion project delivered to the clerks of the senate and the house of representatives and the senate and house committees on ways and means.

“Boston convention and exhibition center” or “BCEC”, the convention and exhibition center and related facilities so called, and all real and personal property associated therewith, owned and operated by the Authority within the convention center development area. As the context requires, “Boston convention and exhibition center” or “BCEC” shall also mean such convention and exhibition center as expanded in accordance with this act.

“City”, the city of Boston.

“Convention center development area”, the area within the city of Boston bounded and described as follows: beginning at the intersection of the eastern boundary of the South Boston Bypass road, and the southern boundary of Summer street, thence easterly along the southern boundary of Summer street to the intersection of the western boundary of D street, then southerly along the western boundary of D street to the centerline of Cypher street, then westerly along the centerline of Cypher street with a line extended to the eastern boundary of the South Boston Bypass road, and then northerly along the eastern boundary of the South Boston Bypass road to the point of beginning.

“Convention Center Fund”, the Convention and Exhibition Center Fund established by section 10 of chapter 152 of the acts of 1997.

“Disability business enterprise” shall mean a business enterprise that is owned and controlled by one or more disabled persons, as defined by the supplier diversity office of the operational services division.

“Hynes convention center”, the convention and exhibition center and related facilities known as the John B. Hynes Veterans Memorial Convention Center located in the city of Boston, and all real and personal property associated therewith, owned and operated by the Authority.

“LGBT business enterprise” shall mean a business enterprise that is owned and controlled by one or more lesbian, gay, bisexual, or transgender (LGBT) persons, as defined by the supplier diversity office of the operational services division.

“Minority business enterprise” or “MBE” shall mean a business enterprise that is owned and controlled by one or more socially or economically disadvantaged persons, as defined by the supplier diversity office of the operational services division. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not limited to, African Americans, Cape Verdeans, Western Hemisphere Hispanics, Asians, American Indians, Eskimos, and Aleuts.

“Women business enterprise” or “WBE” shall mean a business enterprise that is both owned and controlled by one or more women who have invested in an ongoing business free of conversion rights, as defined by the supplier diversity office of the operational services division.

“Veteran business enterprise” or “VBE” shall have the same meaning as defined in said section 58 of said chapter 7 and shall also include a service-disabled veteran-owned small business as defined in subsection (i ½) of section 61 of said chapter 7 or other veteran-owned business enterprise, in each case as defined by the supplier diversity office of the operational services division.

“BCEC Surplus Land”, that portion of the convention center development area that is not reasonably necessary to support the operation of the BCEC following completion of the BCEC expansion project, as provided in section 7 of this act.

SECTION 3. (a) The Authority may develop, lease, construct, improve, furnish, equip, finish and otherwise carry out the BCEC expansion project, and may own, operate, lease, sublease, license, promote, maintain, improve and rehabilitate the same, either directly or indirectly in whole or in part through agents, lessees, contractors, concessionaires or others, all as provided for and subject to this act. Compliance by the Authority with the provisions of this act shall be conclusively deemed to satisfy the requirements of paragraph (n) of section 35 and section 38N and section 44A of chapter 190 of the acts of 1982.

(b) Notwithstanding any general or special law to the contrary, the commissioner of the division of professional licensure or a designee in the office of public safety and inspections in said division of professional licensure shall be solely responsible for inspection, enforcement, permitting and licensure of the BCEC expansion project authorized or required by chapter 143 of the General Laws or section 21 of chapter 40 of the General Laws and regulations referred to therein or adopted pursuant thereto. The BCEC expansion project shall be exempt from compliance with the city’s zoning code and any regulations promulgated thereunder; provided, however, the Authority shall subject the BCEC expansion project to large project review as set forth in subsections 1 to 5, inclusive, of section 80B-3 of the city’s zoning code. The issuance of any permit for any portion of the BCEC expansion project on any lands formerly used as a railroad right-of-way or any property appurtenant thereto formerly used by any railroad company in the commonwealth shall be exempt from section 54A of chapter 40 of the General Laws.

(c) The Authority shall prepare or cause to be prepared a report regarding the BCEC expansion project in accordance with section 62B of chapter 30 of the General Laws; provided however, that notwithstanding sections 62 to 62H, inclusive, of said chapter 30, the Authority may commence and undertake research, planning, design and other work necessary for the BCEC expansion project and may engage an owner’s project manager, architects and engineers and a construction manager therefor as provided in section 4 and may take all actions necessary or appropriate or required for acquisition of rights, air rights, sub-surface rights, easements, leases, ground leases and other interests necessary for the BCEC expansion project, prior to the publication of a final environmental impact report pursuant to this section and section 62C of said chapter 30.

SECTION 4. (a) The Authority shall take measures to promote full participation and equality of opportunity for minority persons, women, veterans, LGBT persons, disabled persons, and Boston residents in all phases of the development and construction of the BCEC expansion project. Such measures shall include:

(1) establishing a supplier diversity program which shall include goals or benchmarks for the participation of minority business enterprises, women business enterprises, veteran business enterprises, LGBT business enterprises, and disability business enterprises, in each case consistent with those goals or benchmarks established by:

(A) the division of capital asset management and maintenance in accordance with section 6 of chapter 7C of the General Laws; and

(B) the supplier diversity office of the operational services division pursuant to subsection (i3/4) of said section 61 of said chapter 7 or Executive Order 565, all as of the date of this act;

(2) developing and applying selection criteria for the award of contracts for the development and construction of the BCEC expansion project that incentivize bidder proposals which demonstrate a commitment to and likelihood of success in promoting the full participation of each category of business enterprise listed in (a)(1) above;

(3) establishing a workforce diversity program designed and implemented to achieve meaningful participation of Boston residents, minority persons, and women as construction employees; provided that such program shall include employment goals not less than the Boston Residents Jobs Policy standards established pursuant to the city of Boston code, ordinances, section 8-9; and

(4) establishing a construction workforce training program designed and implemented to provide access and training to those traditionally under-represented in the construction trades, including minority persons and women.

(b) The Authority shall engage an owner’s project management team for the BCEC expansion project in accordance with the manner of selecting an owner’s project manager pursuant to section 44A 1/2 of chapter 149 of the General Laws. The owner’s project management team shall serve as the Authority’s agent and consultant during the planning, design and construction of the BCEC expansion project.

(c) Notwithstanding any general or special law to the contrary, the Authority may utilize the construction manager at risk approach in construction of the BCEC expansion project, as provided in subsections (f) and (g) of section 5 of chapter 152 of the acts of 1997, and select trade contractors for the BCEC expansion project as provided in subsection (d) below and in each case shall follow the procedures for the selection of contractors and awarding of contracts previously adopted by the Authority for construction of the Boston convention and exhibition center in consultation with the commissioner of capital asset management and maintenance and with the review of the inspector general of the commonwealth; provided, that: (i) the responsibilities assigned to a technical advisory board in subsection (f) of said section 5 of said chapter 152 shall be performed by a selection committee appointed by the Authority which, in consultation with the Authority, shall determine the procedures to be applied in the selection of a construction manager for the BCEC expansion project; and (ii) the decisions of such selection committee, and the decisions of the trade contractor prequalification committee appointed by the Authority as provided in subsection (d) below shall be final and not subject to appeal except on grounds of fraud or collusion. The Authority shall consult with the division of capital asset management and maintenance and the inspector general with respect to any modifications to the procedures for selection of a construction manager or the procedures for selection of trade contractors; provided, however, that the division of capital asset management and maintenance shall otherwise have no jurisdiction over the BCEC expansion project.

(d) Except as otherwise agreed to between the Authority and the construction manager, trade contracts for the provision of labor, material and equipment in connection with the construction of the BCEC expansion project shall be awarded in the manner provided in section 8 of chapter 149A of the General Laws; provided, that (i) the purchase of tangible personal property and services for the BCEC expansion project by the construction manager and by trade contractors shall be exempt from the excise imposed by chapter 64H of the General Laws, and (ii) the trade contractor prequalification committee to be established in accordance with section 8 of chapter 149A shall be appointed by the Authority and shall consist of two general contractors, two trade contractors, an architect and an engineer, all of whom have had active roles in the construction of large buildings. Trade contracts shall be awarded to the lowest prequalified responsive bidder; provided, however, that a trade contract may be awarded to other than the lowest responsive bidder with the approval of the Authority upon written justification by the construction manager describing in detail why such award is in the best interests of the Authority. In no event shall the award of a trade contract to other than the lowest responsive bidder upon the recommendation of the construction manager affect the guaranteed maximum price. The Authority shall have the right to reject any bidder for a trade contract upon written justification describing in detail why such action is in the best interests of the Authority; provided, however, that if the Authority rejects the lowest responsive bidder for a trade contract, the guaranteed maximum price shall be increased by the difference between the price offered by the rejected bidder and the trade contract awarded.

(e) The provisions of sections 26 to 27F, inclusive, and section 29 of chapter 149 of the General Laws shall apply to the contract between the Authority and the construction manager and all trade contracts awarded pursuant to this section.

(f) Notwithstanding subsections (c) and (d), for the BCEC expansion project or any portion thereof, the Authority may, by majority vote of its board members, elect to use other methods provided under any general or special law for procuring design or construction services, including section 39M of chapter 30 of the General Laws, section 44A to 44M, inclusive, of chapter 149 of the General Laws or chapter 149A of the General Laws; provided, that subsections (a) and (e) of this section shall apply to the BCEC expansion project regardless of the method utilized for procuring construction contracts. If the Authority elects to apply said chapter 149A to a portion of the BCEC expansion project, the Authority shall be deemed to be an exempt agency within the meaning of subsection (d) of section 4 of said chapter 149A; provided, however, that if the Authority elects to use procurement methods, other than those provided in subsections (c) and (d) of this section, that are inconsistent with section 39M of chapter 30, sections 44A to 44M, inclusive, of chapter 149 or chapter 149A, the Authority shall consult with the inspector general on such procurement methods and upon consultation the inspector general shall be provided at least 30 days to provide written comments before the Authority begins the procurement of services for the BCEC expansion project pursuant to such alternative measures.

(g) In implementing the BCEC expansion project, the Authority shall prepare quarterly reports which shall include, but not be limited to: (i) the total dollars expended on the BCEC expansion project to date; (ii) for each category of business enterprise identified in section 4(a)(1), the number, type of contract, and dollar value of contracts entered into to date; (iii) the total number of employees working on the BCEC expansion project; (iv) the total number of employees working on the BCEC expansion project, broken down by race, ethnicity and gender; (v) the total number of Boston residents working on the BCEC expansion project; and (vi) the total number of hours worked on the BCEC expansion project broken down by race, ethnicity and gender. Said reports shall be submitted to the secretary of administration and finance, the house and senate committees on ways and means, the clerks of the house and senate and the house and senate committees on bonding, capital expenditures and state assets. The Authority shall post each quarterly report on its website.

(h) In implementing the BCEC expansion project, the Authority shall establish a monitoring committee, to be known as the access and opportunity committee, which shall meet quarterly, in a forum open to the public, to review the Authority’s reports issued pursuant to subsection (g), monitor compliance with subsection (a) and make recommendations to the Authority regarding the successful implementation of the supplier diversity program and workforce diversity program established pursuant to subsection (a). The Authority, in establishing the access and opportunity committee, shall ensure representation from, but not limited to, a representative of the construction manager for the BCEC expansion project, a representative of the owner’s project management team, representatives of the trade contractors performing work on the BCEC expansion project, a representative of the Massachusetts Minority Contractors Association, Inc., a representative of the supplier diversity office of the operational services division, a representative of the Massachusetts office of access and opportunity, a representative of the Veteran’s Business Council, the city councilor representing district 2 of the Boston city council or a designee, the state representative representing the fourth Suffolk district or a designee, the state senator representing the first Suffolk district or a designee, and representatives of local, community-based organizations.

SECTION 5. (a) In the design and construction of the BCEC expansion project, the Authority shall design to a minimum of the LEED Silver standards of the United States Green Building Council or equivalent environmental and sustainability standards or guidelines of a similarly recognized organization. In said design and construction, the Authority shall comply with the energy efficiency requirements of either: (i) the “Stretch Energy Code”, as defined in 780 CMR chapter 115AA; or (ii) the Massachusetts energy code in effect at the time of the application for building permit, whichever is more stringent.

(b) In the building operations and maintenance of the BCEC, the Authority shall use best efforts to comply with the LEED Silver - Existing Buildings standards of the United States Green Building Council or equivalent environmental and sustainability standards or guidelines for building operations and maintenance of a similarly recognized organization.

(c) The design and construction of the BCEC expansion project shall consider on-site renewable energy generation for the BCEC, including the installation and use of photovoltaic solar panels.

SECTION 6. (a) Notwithstanding the provisions of subsection (t) of section 35 of chapter 190 of the acts of 1982 or of any general or special law to the contrary, the Authority may sell, lease, transfer or otherwise dispose of the land and improvements comprising the Hynes convention center or any interest therein, with the concurrence of the secretary of administration and finance, in order to carry out the purposes of this act; provided, however, that except as provided in subsection (e) all proceeds from such sale, lease, transfer, or disposition shall be used for the purposes of the BCEC expansion project as defined in section 2.

(b) The Authority shall market the Hynes convention center in a commercially reasonable manner with the object of maximizing the consideration received for such sale, lease, transfer or other disposition. The Authority shall determine whether any disposition shall be in the form of a sale, lease, transfer, or other method based on its determination of how best to achieve the purposes of this act. Any sale, lease, transfer, or other disposition shall be made to the proposer submitting the highest acceptable proposal subject to any restrictions, covenants, or conditions the Authority shall determine serve the purposes of this act or are required to serve the public interest, including the requirement that columns, foundations and other structural elements that support the Hynes convention center or any addition or alteration thereto, and which are located within the easement area established under easements of record held by the Massachusetts Department of Transportation, shall be maintained in sound and safe condition.

(c) Notwithstanding any general or special law to the contrary, the Authority shall be authorized to take all actions commercially reasonable in marketing the Hynes convention center, including by engaging a commercial real estate broker, outside legal counsel, and other professional advisors customary in such transactions to represent and advise the Authority in connection with the transaction.

(d) The proceeds of the disposition of the Hynes convention center as authorized by this section shall be deposited in the Convention Center Fund but shall be kept in an account separate and apart from the amounts credited to the fund pursuant to the provisions of subsection (b) of section 10 of chapter 152 of the acts of 1997 and, except as provided in subsection (e) below, shall be expended exclusively to effectuate the purposes of the BCEC expansion project as defined in section 2.

(e) Proceeds from the disposition of the Hynes convention center as authorized by this section that are unexpended following final completion of the BCEC expansion project shall remain in the Convention Center Fund and may be expended for any lawful purpose of the fund.

SECTION 7. (a) Upon completion of final design for the BCEC expansion project, the Authority will provide to the city of Boston and the Boston Redevelopment Authority a plan and description of the BCEC Surplus Land which shall include proposed use restrictions for said land for uses inconsistent with or detrimental to the operation of the BCEC. The BCEC Surplus Land is bounded generally by Cypher Street to the south, D Street to the east, the BCEC to the north and the South Boston Bypass Road to the west, and is anticipated to be approximately twelve acres in area. The BCEC Surplus Land may exclude land the Authority reasonably determines may be necessary for future use in connection with the operation of the BCEC, including but not limited to land that may be necessary for access to the BCEC or development of parking facilities. The city of Boston and the Boston Redevelopment Authority, having had an opportunity to inspect the BCEC Surplus Land, shall provide the Authority with comments on the plan, description, and proposed use restrictions, and may notify the Authority whether the city of Boston and the Boston Redevelopment Authority accept the BCEC Surplus Land as described and shown on the plan and subject to the accompanying use restrictions.

(b) Subject to the acceptance of the Boston Redevelopment Authority and with the approval of the mayor of the city of Boston, the Authority is hereby authorized and directed to convey to the Boston Redevelopment Authority all of the Authority’s right, title and interest in and to the BCEC Surplus Land, for $1, upon the latest to occur of: (i) agreement of the city of Boston and the Boston Redevelopment Authority and the Authority on the plan and description of the BCEC Surplus Land and accompanying use restrictions, (ii) completion of the sale or other disposition of the Hynes Convention Center as authorized by section 6 of this act, and (iii) obtaining by the Authority of all permits and approvals necessary for the construction of the BCEC expansion project and satisfaction or resolution of any other conditions, contingencies or other matters prerequisite to such construction. The BCEC Surplus Land shall be conveyed in such condition as exists at the time of conveyance, and such conveyance shall be subject to: (a) temporary rights and easements reserved by the Authority to facilitate completion of the BCEC expansion project, (b) perpetual rights and easements reserved by the Authority for access, utilities and other purposes as necessary in connection with the operation of the BCEC, (c) rights, easements and restrictions of record, and (d) the use restrictions provided for in subsection (a). The Boston Redevelopment Authority shall consult with the Authority with respect to planning and potential uses of the BCEC Surplus Land and shall pay to the city of Boston proceeds derived from any subsequent conveyance or transfer of interest in the BCEC Surplus Land as the mayor of the city of Boston shall deem appropriate. If the BCEC Surplus Land or a portion thereof is used in violation of the agreed upon use restrictions or is transferred by the Boston Redevelopment Authority to a third party without inclusion of the agreed upon use restrictions, then, without limiting any other rights and remedies of the Authority, at the Authority’s election, title to the BCEC Surplus Land or such portion thereof shall revert to the Authority. The deed conveying the BCEC Surplus Land to the Boston Redevelopment Authority shall provide for such rights and easements and such use restrictions and right of reverter provided for in this section, all of which shall be binding on successors and assigns of the Boston Redevelopment Authority, and any deed from the Boston Redevelopment Authority to a third party shall likewise include the rights, easements, and use restrictions and right of reverter provided for in this section. The exemption from section 54A of chapter 40 of the General Laws as referenced pursuant to subsection (b) of section 3 shall also apply to the BCEC Surplus Land upon conveyance to the Boston Redevelopment Authority.

SECTION 8. Notwithstanding the foregoing, nothing in this act shall be interpreted in any way to impair the bonds outstanding under section 11 of chapter 152 of the acts of 1997, as amended, or the obligations and covenants of the commonwealth under the trust agreement pursuant to which such bonds are issued.

SECTION 9. Paragraph (a) of section 38N of chapter 190 of the acts of 1982, as inserted by section 313 of chapter 138 of the acts of 1991, is hereby amended by striking out, in line 3, the words “one million dollars” and inserting in place thereof the following words:- $5,000,000.

SECTION 10. Paragraph (d) of section 15 of chapter 152 of the acts of 1997, as amended by section 5 of chapter 256 of the acts of 2006 and section 125 of the acts of 2011, is hereby amended by striking out the first sentence thereof and inserting in place thereof the following sentence: --The Boston convention and exhibition center may be marketed and used for so-called gate shows or other similar consumer shows.

SECTION 11. Sections 1 and 2 and 4 through 12, inclusive, of chapter 195 of the acts of 2014 are hereby repealed.

Name:	District/Address:	Date Added:
David Biele	4th Suffolk	10/18/2019