Bill S.2439

SENATE . . . . . . . . . . . . . . No. 2439

The Commonwealth of Massachusetts

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

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SECTION 1. To provide for a program to protect, repair and improve the capital facilities of the commonwealth and for a program of capital asset acquisitions, dispositions and other improvements for general government operations, the sum set forth in section 2 for the several purposes and subject to the conditions specified in this act is hereby made available, subject to the laws regulating the disbursement of public funds. The sum made available in this act shall be in addition to any other amounts previously appropriated for these purposes.

SECTION 2.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Division of Capital Asset Management and Maintenance

4000-2026 For costs associated with planning and studies, dispositions, acquisition of land and buildings and interests therein by purchase, prepayment of lease for a term that exceeds the useful life of the facility, gift or other transfer or by eminent domain pursuant to chapter 79 of the General Laws, for the preparation of plans and specifications, repairs, renovations, improvements, modernization, construction, reconstruction, furnishing, equipping, acquiring, remodeling, refurbishing, asset management, accessibility improvements, demolition, disposition and remediation of facilities and grounds operated by the various departments within the executive office of health and human services, all as the commissioner of capital asset management and maintenance, in consultation with the secretary of health and human services and the appropriate commissioners of the departments within the executive office, shall consider appropriate; provided, that $400,000,000 shall be expended for the design and construction of a new facility for the Soldiers’ Home in Holyoke to replace the existing Soldiers’ Home facility; provided further, that costs payable from this item shall include, but not be limited to, the costs of leases of temporary relocation space or equipment as required for completion of the project; provided further, that costs payable from this item may include costs for additional adult day health programming on the site of the new facility; provided further, that design and construction of the new facility shall strive to achieve the “small house” model design, as defined by the United States Department of Veterans Affairs; provided further, that federal reimbursements received for the new facility shall be used to reduce the amount of bonds issued and sold by the commonwealth for this item, so that the amount of federal reimbursements and bonded funds for this item shall total not more than $400,000,000 in the aggregate; provided further, that, subject to the previous proviso that the amount of federal reimbursements and bonded funds for this item shall total no more than $400,000,000 in the aggregate, any federal reimbursement received by a state agency including, but not limited to, a project related to providing health care, human services and veterans’ services in connection with projects funded from this item, may be retained by the executive office for administration and finance and expended for the purposes of the project, without further appropriation, in addition to the amounts appropriated in this item; provided further, that the executive office for administration and finance shall report on any such federal reimbursement to the joint committee on veterans and federal affairs and the house and senate committees on ways and means not less than 15 days after receipt of the reimbursement, and provided further, that if the application for federal reimbursement for this item is not approved, bonds shall not be issued or sold for this item until federal reimbursement is secured…………………$400,000,000

4000-2027 For costs associated with increasing geographic equity and accessibility related to the continuum of long-term care services for the commonwealth’s veterans not primarily served by the Soldiers’ Home in Massachusetts located in the city of Chelsea or the Soldiers’ Home in Holyoke, including the establishment of regional or satellite veterans’ homes as well as new or expanded supports for community-based care services and home-based care services; provided, that costs shall include, but not be limited to, planning and studies, dispositions, acquisition of land and buildings and interests therein by purchase, prepayment of lease for a term that exceeds the useful life of the facility, gift or other transfer or by eminent domain pursuant to chapter 79 of the General Laws, for the preparation of plans and specifications, repairs, renovations, improvements, modernization, construction, reconstruction, furnishing, equipping, acquiring, remodeling, refurbishing, asset management, accessibility improvements, demolition, disposition and remediation of facilities and grounds operated by the various departments within the executive office of health and human services, all as the commissioner of capital asset management and maintenance, in consultation with the secretary of health and human services and the appropriate commissioners of the departments within the executive office, shall consider appropriate; provided further, that the division of capital asset management and maintenance, in consultation with the executive office of health and human services and the department of veterans’ services, shall prioritize regional equity and accessibility and the creation of “small house” model design options, as defined by the United States Department of Veterans Affairs, when developing plans for new long-term care facilities; provided further, that the division shall consider an appropriate combination of residential long-term care and permanent supportive housing services and community-based services when designing new homes or facilities; provided further, that the division, in consultation with the executive office of health and human services and the department of veterans’ services, shall maximize opportunities for federal reimbursement when designing new homes or facilities; provided further, that the department of veterans’ services shall seek stakeholder input from veteran communities in developing the design and placement of new homes or facilities; provided further, that funds may be expended for public-private partnerships to increase services across the continuum of care for veterans, including residential long-term care and permanent supportive housing services, community-based services, home-based services and other supports or services; provided further, that not later than September 1, 2021, the division, the executive office of health and human services and the department of veterans’ services shall hold not less than 5 public hearings in areas not in close geographic proximity to the Soldiers’ Home in Massachusetts located in the city of Chelsea or the Soldiers’ Home in Holyoke to better understand the regional long-term care needs of veterans; provided further, that not later than December 1, 2021, the division, in consultation with the executive office of health and human services and the department of veterans’ services, shall submit a report to the joint committee on veterans and federal affairs and the house and senate committees on ways and means that shall include: (i) an analysis of the current state of service access across the continuum of care for veterans not currently served by the Soldiers’ Home in Massachusetts located in the city of Chelsea or the Soldiers’ Home in Holyoke; (ii) an analysis of the efficacy of additional regionally equitable veterans’ homes, including consideration of geographic areas and communities with the greatest need for care and services; (iii) initial recommendations to promote an appropriate combination of residential long-term care and permanent supportive housing services, community-based services and home-based services; (iv) initial recommendations on the feasibility of establishing “small house” model design options as defined by the United States Department of Veterans Affairs; (v) an initial analysis on the potential costs and timelines for implementing a more regionally equitable and accessible service model; (vi) efforts to seek stakeholder input from the veterans community and public testimony received at public hearings; (vii) aggregate demographics of the veteran population currently being served by the Soldiers’ Home in Massachusetts located in the city of Chelsea or the Soldiers’ Home in Holyoke, including, but not limited to, age, gender, race, ethnicity, disability status and income and asset levels; and (viii) aggregate demographics of the veteran population not currently being served by the Soldiers’ Home in Massachusetts located in the city of Chelsea or the Soldiers’ Home in Holyoke, including, but not limited to, age, gender, race, ethnicity, disability status and income and asset levels; provided further, that the division, in consultation with the executive office of health and human services and the department of veterans’ services, shall submit subsequent biannual reports, due on the first of May and the first of November beginning in calendar year 2022, to the joint committee on veterans and federal affairs and the house and senate committees on ways and means on any updates to planning, design, cost, timeline and implementation of new residential long-term care, community-based and home-based facilities and services; provided further, that funds from this item may be made available to establish not more than 2 pilot programs to increase access to long-term care services for veterans residing in areas not primarily served by the Soldiers’ Home in Massachusetts located in the city of Chelsea or the Soldiers’ Home in Holyoke; provided further, that the division, in consultation with the executive office of health and human services and the department of veterans’ services, shall report biannually to the joint committee on veterans and federal affairs and the house and senate committees on ways and means on the status of implementing any such pilot program, including, but not limited to: (a) proposed locations and communities served; (b) service designs; (c) facility type and capacity; (d) anticipated pilot program timelines; (e) estimated pilot program costs; and (f) recommendations for establishing additional veterans’ homes and facilities based on pilot program designs, implementation and outcomes….$200,000,000

SECTION 3. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, to carry out the purposes of this act, the commissioner of capital asset management and maintenance may acquire, by purchase, lease or leaseback for a term, including any extensions, not to exceed 50 years, gift or other transfer or by eminent domain under chapter 79 of the General Laws, any interests in land and buildings considered necessary by the commissioner to carry out the purposes of this act including, but not limited to, easements for drainage, access, utilities and environmental mitigation and may grant and retain such easements and interests as considered necessary by the commissioner to carry out the purposes of this act.

SECTION 4. Annually, not later than December 31, and until the completion of the new facility for the Soldiers’ Home in Holyoke, the department of veterans’ services, in consultation with the division of capital asset management and maintenance, shall file a report on the construction of the new facility. The report shall include, but not be limited to: (i) a brief, current description of the project and any substantial changes in the description of the project during the previous year; (ii) the state of progress of the project; (iii) a summary of the total and major costs of the project as originally estimated and as currently expended or currently estimated to be expended; (iv) the original project schedule and the current and estimated schedule and progress of the project; and (v) identification of the designers and contractors who have contracted to provide materials or services for the new facility, including how the designers and contractors meet any applicable participation goals for minority and women workers. The report shall be filed with the clerks of the senate and house of representatives, the joint committee on veterans and federal affairs and the house and senate committees on ways and means.

SECTION 5. To meet the expenditures necessary in carrying out section 2, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor, from time to time, but not exceeding, in the aggregate, $600,000,000. All such bonds issued by the commonwealth shall be designated on their face, Veterans Homes Capital Improvement Act of 2021, and shall be issued for a maximum term of years, not exceeding 30 years, as recommended by the governor to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2056. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Notwithstanding any other provision of this act to the contrary, bonds issued under this section and interest thereon shall be general obligations of the commonwealth.