SENATE DOCKET, NO. 151        FILED ON: 1/15/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1601

The Commonwealth of Massachusetts

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PRESENTED BY:

Edward J. Kennedy

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act establishing a public safety building authority and assistance program.

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PETITION OF:

SENATE DOCKET, NO. 151        FILED ON: 1/15/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1601

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act establishing a public safety building authority and assistance program.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

The General Laws are hereby amended by inserting after chapter 22E the following chapter:-

CHAPTER 22F.

PUBLIC SAFETY BUILDING ASSISTANCE PROGRAM.

Section 1. Whereas the costs of the building police stations, fire stations, and other public safety facilities are increasing at an unsustainable rate and local governments need flexibility in public safety building assistance to ensure that local needs for public safety facility space, downtown development, open space and community space are met; and to promote the thoughtful planning and construction of public safety facility space in order to insure safe and adequate plant facilities for the public safety facilities, and to assist towns in meeting the cost thereof, there is hereby established a public safety building assistance program. It is in the best interests of the commonwealth and its citizens to create an authority to achieve the objectives of effective management and planning of the commonwealth's investments in public safety building assets, maintaining good repair, efficient and economical construction and maintenance, financial sustainability of the public safety building assistance program, thoughtful community development, and accessibility.

Section 2. (a) There is hereby created a body politic and corporate and a public instrumentality to be known as the Massachusetts Public Safety Building Authority, which shall be an independent public authority not subject to the supervision and control of any other executive office, department, commission, board, bureau, agency or political subdivision of the commonwealth except as specifically provided in any general or special law. The exercise by the authority of the powers conferred by this chapter shall be considered to be the performance of an essential public function.

(b) The purpose of this authority would be to oversee a public facilities building program to provide state building assistance for the new construction, renovation, or remodeling of police stations, fire stations, and other public safety facilities. 

(c) The authority shall consist of the state treasurer, who shall serve as chairperson, the secretary of administration and finance, the secretary of the executive office of public safety and security, and 4 additional members appointed by the state treasurer, 2 of whom shall have practical experience in public safety facilities planning, public safety facilitiy construction, or architecture and public safety facility design, and 2 of whom shall be persons in the field of law enforcement or fire management, each of whom shall serve a term of 2 years; but, a person appointed to fill a vacancy shall serve only for the unexpired term. An appointed member of the authority shall be eligible for reappointment. The authority shall annually elect 1 of its members to serve as vice-chairperson. Each member of the authority serving ex officio may appoint a designee pursuant to section 6A of chapter 30.

(d) Four members of the authority shall constitute a quorum, and the affirmative vote of 4 members of the authority shall be necessary and sufficient for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and duties of the authority. Members shall serve without pay but shall be reimbursed for actual expenses necessarily incurred in the performance of their duties. The chairperson of the authority shall report to the governor and to the general court no less than annually, to assist the executive and legislative branches in coordinating public safety and fiscal policies of the commonwealth.

(e) Any action of the authority may take effect immediately and need not be published or posted unless otherwise provided by law. The authority shall be subject to all provisions of chapter 30A, and records pertaining to the administration of the authority shall be subject to section 42 of chapter 30 and section 10 of chapter 66. All moneys of the authority shall be considered to be public funds for purposes of chapter 12A. The operations of the authority shall be subject to chapter 268A and chapter 268B and all other operational or administrative standards or requirements to the same extent as the office of the state treasurer.