SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2442

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, mental health and substance use and recovery programming on the site of the new facility; provided further, that design and construction of the new facility shall achieve, to the greatest extent feasible, the “small house” model design, as defined by the United States Department of Veterans Affairs; provided further, that such design and construction shall reflect current and projected needs of the population it is intended to serve, best practices to meet those needs, the quality, effectiveness and efficiency of care to be delivered at the facility and shall seek to promote the quality of life for those whom it will serve; 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 in the planning, design and construction of such facilities, the administration shall endeavor at all times to control and minimize costs to the commonwealth through the maximization of efficiencies, cost savings and federal and other non-state cost sharing or reimbursements; 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, including mental health and substance use and recovery, 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 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 seek to maximize federal reimbursement for funds expended from 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, the joint committee on racial equity, civil rights, and inclusion 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, including mental health and substance use and recovery 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, as well as equitable access for people of all identities, including, but not limited to, race, religion, sex, gender identity and sexual orientation, 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, shall seek input from residential long-term care experts 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, cost savings and efficiencies when designing new homes or facilities; provided further, that the department of veterans’ services shall consider the needs of the changing veteran population in the commonwealth, including, but not limited to, service-related injuries, mental health and gender, 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 6 public hearings, with at least 1 hearing held in each of the following areas of the commonwealth: (1) the western region; (2) the central region; (3) the metrowest region; (4) the northeastern region; (5) the southeastern region; and (6) Cape Cod and the Islands region, 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, the joint committee on racial equity, civil rights, and inclusion 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, including a comparison of the differences between care available to those veterans in the primary service area and those not in the primary service area of 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 using the “small house” model, 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 distributed equitably across the commonwealth; (iv) initial recommendations on the feasibility of establishing “small house” model design options as defined by the United States Department of Veterans Affairs, distributed equitably across the commonwealth, including an analysis of a veterans’ home focused on female veterans and veterans’ homes focused on minority veterans in urban centers; (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, place of residence and income and asset levels; (viii) an analysis of the accessibility of additional regionally equitable veterans’ homes, including, but not limited to, the availability of existing or proposed bus, commuter rail, shuttle, subway or trolley services for veterans and their family members who may lack car access or may no longer drive; and (ix) 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, place of residence and income and asset levels, including information for veterans receiving financial or medical assistance benefits under chapter 115 of the General Laws but not including information for veterans who are recipients under institutional or transitional budgets and veterans previously residing in housing through a United States Department of Veterans Affairs supportive housing voucher with medical documentation showing a need for long term care services; 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, the joint committee on racial equity, civil rights, and inclusion 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, the joint committee on racial equity, civil rights, and inclusion 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. Every 6 months, not later than June 30 and 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 and minority-owned and women-owned businesses. The report shall be filed with the clerks of the senate and house of representatives, the joint committee on veterans and federal affairs, the joint committee on racial equity, civil rights, and inclusion and the house and senate committees on ways and means and posted on the websites of the general court and the department of veterans' services.

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 and Equity 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.

SECTION 6. (a) The funds authorized by item 4000-2026 of section 2 for the construction of a new facility for the Soldiers’ Home in Holyoke that is sufficiently extensive in size, complexity and duration to replace the existing Soldiers’ Home facility shall be expended in accordance with the following conditions:

(i) sections 26 to 27F, inclusive, and section 29 of chapter 149 of the General Laws shall apply to all contracts for the project; and

(ii) all construction employees employed in the construction of the project shall be paid not less than the wage rate established for the work pursuant to a project labor agreement with the appropriate labor organization that shall include: (A) a uniform grievance and arbitration procedure for the resolution of work-related disputes on job sites; (B) mutually agreeable uniform work rules and schedules for the project; (C) an obligation for any labor organization and its constituent members not to strike with respect to work on the project; (D) participation goals of minority, veteran and women workers to be employed on each contract and the processes and procedures to ensure compliance with those workforce participation goals, including, but not limited to, a requirement to employ a sufficient number of apprentices to allow for the training and employment of individuals who would not otherwise qualify for employment on the project, the establishment of an access, inclusion and diversity committee and the reporting and enforcement requirements of paragraph (G) of section 44A of said chapter 149; and (E) an agreement to facilitate the entry of interested veterans into the building and construction trades by designating an entity or organization to serve as a resource for preliminary orientation, apprenticeship programs and other needs, as mutually agreeable, to foster veteran employment opportunities.

(b) The access, inclusion and diversity committee shall meet publicly not less than monthly to implement and monitor diversity, inclusion workforce and enterprise goals. The committee shall receive regular reports from the project owner and all contractors and subcontractors regarding work hours, diversity, inclusion and progress toward the participation goals for minority, women and veteran workers employed as set forth in the agreement. The committee shall review reports describing: (i) the number of contracts; (ii) total dollar amounts contracted with and actually paid to MBE, WBE and VBE, as defined by section 58 of chapter 7 of the General Laws, for design and construction of the Soldier’s Home in Holyoke; (iii) the total number and value of all subcontracts awarded to MBE, WBE and VBE; and (iv) a comparison of these reports with the goals established by the division of capital asset management and maintenance, in consultation with the committee. The committee shall regularly assess progress and identify any obstacles to successfully achieving inclusion of socially and economically disadvantaged workers and businesses in the design and construction opportunities associated with this project and shall make related recommendations to the division on how to overcome such obstacles and increase the level of minority, women, and veteran workers employed on the project and MBE, WBE and VBE participation as contractors and subcontractors for the project. The committee may participate in public forums and other educational or outreach activities designed to inform the general public about the project as determined by the division. The committee shall consist of: 1 member appointed by the governor, who shall serve as chair; the deputy chief of the office of access and opportunity or a designee; the executive director of the supplier diversity office or a designee; the secretary of the department of veterans’ services or a designee; the secretary of the executive office of labor and workforce development or a designee; and 14 members appointed by the division of capital asset management and maintenance, 2 of whom shall be representatives of the city of Holyoke as recommended by the mayor of the city of Holyoke, 2 of whom shall be representatives of the union trades working on the project as recommended by the Massachusetts Building Trades Council, 2 of whom shall be representatives of contractors as recommended by an established trade organization in the commonwealth, 2 of whom shall be representatives of WBE and MBE with a demonstrated track record of advancing diversity, equity and inclusion, 2 of whom shall be representatives of an advocacy organization focused on diversity and equity with a demonstrated track record of advancing diversity, equity and inclusion, 2 of whom shall be representatives of organizations that promote the advancement and equity of women as recommended by the Massachusetts commission on the status of women and 2 of whom shall be representatives of organizations that promote the wellbeing of veterans as recommended by the Disabled American Veterans of Massachusetts. Notwithstanding any requirement that certain committee members shall not be named until contracts for the project are signed, the committee shall hold its first meeting not later than 90 days after the passage of this act and shall continue to meet as a full committee until such time as said members are appointed. The division of capital asset management and maintenance shall provide administrative support to the committee as appropriate.

(c) The division of capital asset management and maintenance, in consultation with the executive office of labor and workforce development, shall conduct pre-apprentice recruitment and other pipeline programming, with a goal of reaching underserved communities, to facilitate compliance with goals for minority and women workers and to promote veteran employment on the project. The division may contract with entities or organizations to facilitate such recruitment and pipeline programming.

(d) The division of capital asset management and maintenance, in consultation with the access, inclusion and diversity committee, shall set participation goals for MBE, WBE and VBE, as defined by section 58 of chapter 7 of the General Laws, contracting on the project. The division, in consultation with the access, inclusion and diversity committee and the Massachusetts Growth Capital Corporation, shall: (i) conduct outreach and recruitment, prior to the issuance of invitations for bids and requests for proposals of bids, to facilitate the certification and participation of MBE, WBE and VBE based in the commonwealth; (ii) make available technical assistance grants to be used by socially and economically disadvantaged businesses, which may include, but shall not be limited to, MBE, WBE and VBE to facilitate participation in the bid process; (iii) consider programs and incentives for contractors that meet or exceed goals, including, but not limited to, a “quick-pay” program to expedite payment and working capital and offerings from the Massachusetts Growth Capital Corporation. Prior to issuing invitations for bids and requests for proposals and again after bids are awarded, the division shall file a comprehensive report that outlines the steps taken by the division to recruit and certify WBE, MBE and VBE and the progress in meeting contractor and business enterprise goals with the clerks of the senate and house of representatives and with the access, inclusion and diversity committee.

(e) There shall be no precondition to the award of a contract that a bidder has previously entered into a collective bargaining agreement with a labor organization; provided, however, that the bidder shall be willing to execute and comply with the project labor agreement for the project if it is awarded a contract for the designated project.

(f) Any bidder that has a demonstrated record of failure to achieve a workforce or subcontracting diversity goal on a project for the commonwealth shall not be a suitable bidder to receive an award of a contract on the project described in this act.