HOUSE DOCKET, NO. 3110        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3246

The Commonwealth of Massachusetts

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PRESENTED BY:

Mary S. Keefe and Steven Ultrino

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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 program for local art and community engagement.

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PETITION OF:

HOUSE DOCKET, NO. 3110        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3246

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act establishing a program for local art and community engagement.

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. Section 1 of chapter 7C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of "Counties" the following definition:-

Creative placekeeping - the active care and maintenance of a place and its social fabric by the artists and people who live and work there, including maintaining the cultural memories associated with a locale and supporting the ability of local people to maintain their way of life as they choose.

SECTION 2. Said chapter 7C, as so appearing, is hereby amended by adding the following new section:-

Section 73. There shall be established a new fund to be known as the program for local art and community engagement fund (hereinafter "the PLACE Fund") for the exclusive purpose of providing for the selection, design, creation, acquisition, installation, maintenance, and/or conservation of public art in or on commonwealth-owned, managed, or occupied buildings. The PLACE Fund shall receive its funds from the following sources: (i) no less than half of one per cent of the funds designated for the construction or substantial renovation of any commonwealth-owned, managed, or occupied building shall be allocated to the PLACE Fund for selection, design, creation, acquisition, installation, maintenance, and/or conservation of public art in or on the construction or renovation site; (ii) no less than a quarter of one per cent of state funds allocated for new building or construction projects over $200,000 and excluding funding sources already allocated specifically for arts and cultural use shall be allocated to the PLACE Fund for the selection, design, creation, acquisition, installation, maintenance, and/or conservation of public art in or on the building or construction site; and (iii) monetary donations from individuals, museums, organizations, associations, nonprofits, businesses, estates, foundations, or other entities. The PLACE Fund shall be held in trust by the department of housing and community development, which will serve as treasurer and custodian of its monies and securities.

(a) There shall be established a new commission to be known as the program for local art and community engagement commission (hereinafter “the PLACE Commission”) that shall administer, in consultation with the department of housing and community development and the mass cultural council, the PLACE Fund. By doing so, the PLACE Commission shall provide for the selection, design, creation, acquisition, installation, maintenance, and/or conservation of public art that connects communities, elevates cultures, supports community development, and advances creative placemaking strategies in cities and towns throughout the commonwealth. The PLACE Commission shall consist of the following 13 members: 1 member to be appointed by the governor and who shall be an artist or representative from a nonprofit or community organization associated with creative placekeeping or has experience with the creation and installation of public art; 1 member to be appointed by the speaker of the house of representatives and who shall be an artist or representative from a nonprofit or community organization associated with creative placekeeping or has experience with the creation and installation of public art; 1 member to be appointed by the senate president and who shall be an artist or representative from a nonprofit or community organization associated with creative placekeeping or has experience with the creation and installation of public art; the undersecretary of the department of housing and community development, or a designee, who shall serve as chair; the commissioner of capital asset management and maintenance, or a designee; the executive director of the massachusetts cultural council, or a designee; 1 member to be appointed by the president of the massachusetts college of art and design; 1 member who shall be an architect appointed by the central massachusetts chapter of the american institute of architecture; the executive director of the massachusetts municipal association, or a designee; the executive director of MassDevelopment, or a designee; the executive director of the massachusetts association of community development corporation, or a designee; the executive director of the metropolitan area planning council, or a designee; and the executive director of MASSCreative, or a designee. Members of the commission shall be citizens of the commonwealth representing geographically diverse regions and who have demonstrated a commitment to public art and/or creative placekeeping. Members shall be considered special state employees for the purposes of chapter 268A             

(b) The PLACE Commission shall administer the PLACE Fund, in consultation with the department of housing and community development and the mass cultural council, as follows: (i) establishing a process for capital projects to apply for funding; (ii) creating a set of criteria to determine the level of funding, if any, for each project applicant; (iii) working with the department of housing and community development, the division of capital asset management and maintenance, project managers and contractors to identify opportunities and locations for public art;  (iv) ensuring relevance of and support for public art by convening a local advisory group for each new public art project that includes relevant local site users and community stakeholders; (v) ensuring an inventory of and maintenance plan for the public art collection; (vi) coordinating with the department of housing and community development to ensure compliance with and participation in the PLACE Fund; (vii) making curatorial decisions on a project-by-project basis; (viii) forming partnerships and relationships as relevant to the administration of the PLACE Fund, including with members of the commonwealth’s artist community, artists, cultural institutions, arts organizations and educational institutions; (ix) consulting with local art and cultural commissions; (x) promoting and encouraging public art; (xi) promoting and developing public access to and education of art installations in public facilities; (xii) coordinating 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 (xiii) researching alternative funding mechanisms including public-private partnerships that may increase the total pool of funds for public art and education.

(c) The PLACE Commission shall appoint: (1) a PLACE coordinator, who shall be an employee of the department of housing and community development; and (2) a PLACE grants officer, who shall be an employee of the mass cultural council. Both positions shall have the requisite qualifications related to public arts programs and project management to administer the PLACE Fund. Persons appointed to both positions shall be considered state employees for the purpose of chapter 268A. The salaries for both positions shall be drawn from the PLACE Fund and, along with their contract, be subject to the approval of the PLACE Commission. In coordination with the PLACE Commission, the PLACE coordinator and PLACE grants officer shall (i) recommend the guidelines and parameters for the PLACE Fund; (ii) coordinate the PLACE Fund, including soliciting artists, setting up proposal reviews, 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) distribute the PLACE Fund as allocated by the PLACE Commission.

(d) Pursuant to section 21 of chapter 30B of the General Laws, public entities may as a public procurement, enter into a grant agreement with an individual to “carry out a public purpose”; and, whereas the creation of public art is a public purpose to enhance the cultural nature, historical background, and beautification of public space, the PLACE Commission shall implement a grant agreement process for public art projects using the following procedure: (1) publicize an open call for artists or call for art; (2) hold a public information session and publish written responses to all questions available to all applicants; (3) convene in order to review submitted applications; (4) select a group of finalists based on application requirements and selection criteria described in the open call; (5) solicit additional information from artists, including full project concept; (6) select a final artist or artists and enter into a grant agreement that details all terms of the project. Where artists are required to submit concepts for final selection, less than $10,000 may be allocated for concept development, to be split among artist finalists through grant agreement. Installation of artwork shall be subject to section 39M of chapter of 30 of the General Laws. At its discretion, the PLACE Commission may include a public feedback process to solicit public input on the final artist selection. The PLACE Commission shall give preference to artists residing in the commonwealth.

(e) The PLACE Commission shall be established no later than December 1, 2025. Members shall serve without compensation and shall serve for terms of 5 years. Members may be reappointed but shall not serve for more than 2 consecutive terms. The PLACE coordinator shall be a non-voting member of the PLACE Commission and shall serve as its secretary. The PLACE Commission shall meet at least quarterly and otherwise at the discretion of the chair.

(f) The commonwealth shall have sole ownership of all artworks acquired through the PLACE Fund. The artist shall retain copyright of the artwork unless otherwise noted in the contract for the work.

(g) Annually, on September 1 of each year, the PLACE Commission shall provide a report describing the implementation of the PLACE Fund and awarded funds to: the secretary of administration and finance; the house committee on ways and means; the senate committee on ways and means; the joint committee on tourism, arts and cultural development; the clerk's office for the house of representatives; and the clerk's office for the senate.