SENATE DOCKET, NO. 1226        FILED ON: 2/12/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2244

The Commonwealth of Massachusetts

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PRESENTED BY:

Adam G. Hinds

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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 to establish a Massachusetts Public Arts Program.

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PETITION OF:

SENATE DOCKET, NO. 1226        FILED ON: 2/12/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2244

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2022 OF 2019-2020.]

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 to establish a Massachusetts Public Arts 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 7C of the General Laws is hereby amended by adding the following section:-

Section 73. (a) There shall be a Massachusetts public arts program, or MPAP, to be administered by the public art commission established in subsection (b).  The MPAP shall provide for the creation, acquisition, conservation and maintenance of public art. Under this program and in connection with construction or substantial renovation of any commonwealth-owned, managed and occupied building shall be transferred one per cent of all state fund appropriations for capital improvements designated for new capital construction for the creation, conservation and maintenance of public art in or on the site including, but not limited to, expenses related to selection processes and design and development.

(b) There shall be a public art commission which shall administer the MPAP by: (i) establishing a process for capital projects to apply for MPAP funding; (ii) creating a set of criteria for the commission to utilize in determining the level of funding, if any, for each project applicant; (iii) working with the division of capital asset management and maintenance, project managers and contractors to identify opportunities and locations for art; (iv) reviewing each project to ensure relevance of and support for the public art, including engaging the relevant local site users and community stakeholders for their input; (v) making curatorial decisions on a project-by-project basis; (vi) establishing partnerships and relationships as relevant to the program and projects with members of the commonwealth’s artist community, including artists, cultural institutions, arts organizations and educational institutions; (vii) consulting with local art and cultural commissions; (viii) promoting and encouraging public art; (xi) promoting public access to and education with respect to art installations in public facilities; (x) ensuring an inventory of and maintenance plan for the public art collection; and (xi) coordinating with the executive department to ensure compliance with and participation in the MPAP. The commission may coordinate with educational, arts and cultural organizations, municipalities and other organizations to provide alternative sources of funding for public art and programming for arts and cultural education and research alternative funding mechanisms including, but not limited to, public-private partnerships that may increase the total pool of funds for public art and suggest the development of programming for education and promotion regarding public art. All state agencies within the executive department shall cooperate with and provide assistance to the commission as necessary.

(c) The commission shall consist of: the commissioner of capital asset management and maintenance or a designee who shall serve as chair; the executive director of the Massachusetts cultural council or a designee; 2 persons to be appointed by the president of the Massachusetts College of Art and Design, each of whom shall have a background in public art or architecture; and 5 persons to be appointed by the governor, 1 of whom shall have municipal government experience who shall be selected from a list of 3 individuals nominated by the Massachusetts Municipal Association, Inc.; 1 of whom shall be a project designer with experience in the creation and installation of public art; 1 of whom shall be an artist or representative from a nonprofit or community organization associated with the arts who shall be selected from a list of 3 individuals nominated by the executive director of the Massachusetts cultural council; and 1 of whom shall be a faculty or staff member specializing in art or architecture at 1 of the commonwealth’s public institutions of higher education. At least 1 member of the commission shall be an artist and at least 1 member shall be an architect. The governor shall seek to appoint persons who are from geographically diverse regions of the commonwealth. The MPAP coordinator appointed pursuant to subsection (d) shall be a nonvoting member of the commission and shall serve as its secretary. Commission members shall serve without compensation or reimbursement for expenses. Commission members shall serve for terms of 5 years.  Commissioner members may be reappointed but shall not serve for more than 2 consecutive terms. Initial nominations to the commission shall be made no later than six months after the signing of this law. The commission shall meet at least quarterly and otherwise at the discretion of the chair.

(d) The commissioner of capital asset management and maintenance, in coordination with the commission, shall appoint an MPAP coordinator, an employee of the department of capital asset management and maintenance who shall report to the commissioner and shall have the requisite qualifications related to public art programs and project management to administer the MPAP. The coordinator’s appointment shall be subject to approval by the commission. In coordination with the commission and any other agencies as the commissioner may deem appropriate, the coordinator shall, without limitation: (i) recommend the guidelines and parameters for the MPAP; (ii) coordinate the MPAP, including soliciting artists, setting up proposal review, overseeing artists’ work and developing and managing community engagement and educational activities; (iii) research other successful funding mechanisms that increase the total pool of funds for public art; (iv) oversee the creation of a central entity to host a variety of shared resources relating to the implementation, installation, maintenance and preservation of public art and (v) distributing MPAP funds as allocated by the Commission.  All guidelines, policies and regulations for the MPAP shall be approved by the commission.

(e) In selecting art installations for construction or renovation projects, the commission shall give preference to artists residing in the commonwealth.

(f) The commonwealth shall have sole ownership of all artwork acquired through the MPAP, subject to exceptions approved by the commission. The artist shall retain copyright of the artwork unless otherwise noted in the contract for the work.

(g) Annually, not later than September 1, the commission shall provide a report to the secretary of administration and finance, the house and senate committees on ways and means, the joint committee on tourism, arts and cultural development and the clerks of the senate and house of representatives describing the actions of the MPAP and the commission and any other information the commission considers pertinent.