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HOUSE DOCKET, NO.                 FILED ON: 10/21/2013

 

 

 

 

 

HOUSE  .   .   .   .   .   .   .  No. 3690

 

The Commonwealth of Massachusetts
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                               HOUSE OF REPRESENTATIVES, October 21, 2013.                         

 

The committee on State Administration and Regulatory Oversight to whom was referred the message from His Excellency the Governor recommending legislation relative to providing for capital facility repairs and improvements for the Commonwealth (House, No. 3335), reports recommending that the accompanying bill (House, No. 3690) ought to pass.

 

                                                                                    For the committee,

 

PETER V. KOCOT.

 

 

 

 

 

 

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3690

 


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Thirteen

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An Act providing for capital facility repairs and improvements for the Commonwealth.
 

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the immediate capital improvement needs of the commonwealth, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

              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.  To provide for a program of capital facility repairs and improvements to protect and improve the capital facilities of the commonwealth and for a program of capital asset acquisitions for general government operations, the sums set forth in sections 2, 2A, 2B and 2C, inclusive, for the several purposes and subject to the conditions specified in this act are hereby made available, subject to the laws regulating the disbursement of public funds, which sums shall be in addition to any other amounts previously appropriated for these purposes; provided, that the amounts specified in an item or for a particular project may be adjusted in order to facilitate projects authorized in this act.

              SECTION 2.

              EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

              Division of Capital Asset Management and Maintenance

              1102-2009  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, gifts, or other transfers, or by eminent domain under chapter 79 of the General Laws, for the preparation of plans and specifications, disparity studies, repairs, construction, renovations, improvements, asset management and demolition, disposition and remediation of state-owned and former county facilities and grounds and for costs associated with repair and maintenance of buildings and building systems and equipment at various facilities of the commonwealth; provided, that all maintenance and repair work funded in this item shall be listed in the capital asset management information system administered by the division of capital asset management and maintenance; provided further, that, where appropriate, the commissioner of capital asset management and maintenance may transfer funds in accordance with the delegation of project control and supervision process under section 5 of chapter 7C of the General Laws; provided further, that funds so transferred shall be distributed based on the severity of the need that the repair will address and other criteria developed by the division, in consultation with the secretary of administration and finance; 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 a project, the costs of engineering and other services essential to these projects rendered by division of capital asset management and maintenance employees or by consultants; and provided further, that amounts expended for division employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of these projects; and provided that $4,000,000 shall be expended for the engineering , design and reconstruction of the historic Hampshire Courthouse ………….. ……. $354,000,000

              4000-2022  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, gifts, or other transfers, or by eminent domain under chapter 79 of the General Laws, for the preparation of plans and specifications, repairs, construction, renovations, improvements, asset management and demolition for health and human services facilities, 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 costs payable from this item shall include, but not limited be to, the costs of leases of temporary relocation space or equipment as required for completion of a project, the costs of engineering and other services essential to these projects rendered by division of capital asset management and maintenance employees or by consultants; and provided further, that amounts expended for division employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of these projects  provided, that $28,175,000 be expended for the costs associated with the repair, renovation or construction of the skilled nursing facility operated by the Sisters of Providence Health System, located in the town of Montague, which shall maintain a minimum of seventy percent of said facility’s beds for medically-involved mentally ill individuals.  MassHealth shall determine a rate structure for said facility that promotes quality

              patient care and provides for the reimbursement to the Commonwealth of all bonding costs over a twenty-five year period  ................................................................. $328,175,000

              1102-2014  For costs associated with improving accessibility of state facilities, including but not limited to, strategic accessibility assessments, accessibility transition plans, technical assistance to state agencies, consultants relative to the preparation of strategic accessibility assessments, transition plans or provision of technical assistance to state agencies, planning and studies, and costs associated with repairs, improvements, construction, asset management, demolition and maintenance of buildings and building systems; provided, that all transition planning elements, planning and studies, maintenance and repair work undertaken pursuant to this item shall be listed in the capital asset management information system administered by the division of capital asset management and maintenance; provided further, that the use of funds from this item shall be approved by the commissioner of capital asset management and maintenance and the secretary of administration and finance or his designee; provided further, that costs payable from this item shall include, but not limited be to, the costs of leases of temporary relocation space or equipment as required for completion of a project, the costs of engineering and other services essential to these projects rendered by division of capital asset management and maintenance employees or by consultants; and provided further, that amounts expended for division employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of these projects ................................................................................................................... $25,000,000

              SECTION 2A. 

              EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

              Office of the Secretary

              0640-0302. For the Massachusetts Cultural Facilities Fund established in section 42 of chapter23G of the General Laws for the acquisition, design, construction, repair, renovation, rehabilitation or other capital improvement or deferred maintenance to a cultural facility …………………………………………………………………………………………..50,000,000

              1100-3002   For a grant program to vocational schools for the purpose of providing funding for the purchase and installation of equipment, under rules adopted by secretary of the executive office for administration and finance and secretary of the executive office for education …………………………...………………..........................................................….$8,000,000

              Division of Capital Asset Management and Maintenance

              1100-3003   For a grant program to cities and towns for the purpose of providing funding for the repair, renovation or construction of municipal facilities or infrastructure or of any cultural, social, recreational or other facilities serving a municipal purpose, including those owned or operated by nonprofit organizations, technology upgrades and purchase of equipment, under rules adopted by the executive office for administration and finance based upon the following criteria: an assessment of fiscal and budgetary constraints facing the municipality; an analysis of the municipality’s proposed budget and financing of the repair, renovation, or construction project; the municipality’s need for the project; the benefits to the municipality that will result from the project; and an overall evaluation of the merits of the grant proposal; provided, that the executive office of administration and finance may expend not more than 1 per cent of the total amount available for the cost of administering this program provided, that not less than $2,000,000 shall be expended for the repair, renovation or improvement of municipally-owned theatres that have been in operation for at least 75 years, and provided further, that $25,420,000 shall be expended for the Phase III expansion of MASS MoCA (the Massachusetts Museum of Contemporary Art), located in North Adams..........................................................................................$37,420,000.”

              Board of Library Commissioners

              7000-9091   For a program of grants to cities and towns for approved public library projects under sections 19G to 19I, inclusive, of chapter 78 of the General Laws; provided, that not more than $500,000 shall be expended by the board of library commissioners for the administrative costs directly attributable to the projects funded in this item, including the costs of temporary personnel; provided further, that no permanent personnel shall be compensated from this item; and provided further, that the board shall file an annual spending plan with the executive office for administration and finance and the house and senate committees on ways and means which details, by subsidiary, all temporary personnel and administrative costs charged to this item...................................................... $150,000,000

              EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

              Office of the Secretary

              8000-3501   For a grant program to cities and towns to provide funding for the repair, renovation, purchase or construction of municipal public safety facilities and equipment, under rules adopted by the executive office of public safety and security based upon the following criteria: an assessment of fiscal and budgetary constraints facing the municipality; an analysis of the municipality’s proposed budget and financing of the repair, renovation, or construction project; the municipality’s need for the project; the benefits to the municipality that will result from the project; and an overall evaluation of the merits of the grant proposal; provided, that the executive office may expend not more than 1 per cent of the total amount available for the cost of administering this program provided, that $1,000,000 shall be expended for the purchase and installation of portable and mobile radios and in-vehicle repeaters capable of transmitting and receiving on the Commonwealth’s P-25 public safety radio network, provided further, that all said radios shall be issued to public safety officers delivering services in the towns of Chester, Chesterfield, Cummington, Goshen, Hatfield, Huntington, Montgomery, Pelham, Plainfield, Russell, Westhampton, Williamsburg and Worthington ........................................…$11,000,000

              SECTION 2B.

              EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

              Office of the Secretary

              8000-0701   For equipment for the department of correction and other agencies within the executive office of public safety and security including, but not limited to, medical equipment, security equipment, communications equipment and vehicles………………………...$10,000,000

              8000-2021   For the design, construction and implementation of the department of state police mobile data network and an automated motor vehicle citation system, including the use of “MDT” devices.............................................................................................................. $15,000,000

              8100-2026   For the replacement of state police cruisers; provided, that the state police shall develop a 5-year plan which specifies the number of vehicles to be replaced each fiscal year over a 5-year period;............................................................................................................ $50,000,000

              SECTION 2C.

              EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

              Office of the Secretary

              8000-2022   For a program of grants to municipalities for the design, construction and implementation of an automated motor vehicle citation system, including the use of “MDT” devices under rules adopted by the executive office for public safety and security; provided, that for projects which the secretary of administration and finance certifies to the comptroller directly or indirectly generate new state revenue or budgetary savings, the comptroller shall transfer those budgetary savings or revenue to the state treasurer for payment of debt service related to those projects…………………………………………………………………$20,000,000

              SECTION 3. 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, $707,175,000. All such bonds issued by the commonwealth shall be designated on their face, Capital Improvement Act of 2013, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2048. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

              SECTION 4. To meet the expenditures necessary in carrying out section 2A, 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, $256,420,000. All such bonds issued by the commonwealth shall be designated on their face, Capital Improvement Act of 2013, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2048. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

              SECTION 5. To meet the expenditures necessary in carrying out section 2B, 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, $75,000,000. All such bonds issued by the commonwealth shall be designated on their face, Capital Improvements Loan Act of 2013, and shall be issued for a maximum term of years, not exceeding 10 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2028. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

              SECTION 6. To meet the expenditures necessary in carrying out section 2C, 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, $20,000,000. All such bonds issued by the commonwealth shall be designated on their face, Capital Improvements Loan Act of 2013, and shall be issued for a maximum term of years, not exceeding 10 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2028. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

              SECTION 7. The secretary of administration and finance shall submit a report on the progress of any projects funded through the authorizations in this act and included in the governor’s 5-year capital investment to the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means, and the senate and house chairs of the joint committee on bonding, capital expenditures and state assets. The report shall include, but not be limited to: the previous year planned spending, previous year spending, current year planned spending, current year spending to date, original estimated total project cost, project description, location of the project, type of spending, type of asset and useful life of the project once completed.  The report shall be submitted not later than June 30 and December 31 of each year for a period of 8 years after the effective date of this act.

              SECTION 8. To provide for the continued availability of certain bond-funded spending authorizations which otherwise would expire, the balances of the following appropriation items and any allocations thereof shall be extended through June 30, 2017, for the purposes of and subject to the conditions stated for these items in the original authorizations and any amendments to such authorizations: 0330-2223, 0526-2012, 0640-0301, 1100-1570, 1100-1580, 1100-3001, 1100-7500, 1100-7981, 1100-7985, 1100-8000, 1100-8001, 1100-8020, 1100-9200, 1100-9520, 1102-0004, 1102-1994, 1102-5600, 1102-7967, 1599-4994, 1599-7156, 4000-2020, 5500-9400, 5500-9405, 6001-0816, 6001-0817, 6001-0818, 7000-9090, 7002-0015, 7007-6300, 7007-9040, 7066-2010, 7066-8000, 7100-1000, 7411-7960, 8000-0700, 8000-2020, 8000-3500, 8000-4900, 8100-2025, 8100-9000, 8500-1000, 8900-7500, 8900-8500 and 8910-0023

              SECTION 9. (a) To carry out the purposes of items 1102-2009, 1102-2014, 1100-3003, and 4000-2022, the commissioner of capital asset management and maintenance may, notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, but subject to this subsection, acquire, by purchase, prepayment of lease for a term that exceeds the useful life of the facility, gifts, or other transfers, 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.

              (b) The commissioner shall solicit proposals for any facility acquisition through requests for proposals. Each request for proposals shall, at a minimum, include: (1) a description of the facility for which proposals are sought; (2) a statement as to whether the commissioner seeks to purchase or lease the facilities; (3) a statement as to whether the commissioner seeks to acquire improved or unimproved land, buildings and interests therein; (4) a statement as to whether the selected proposer shall be required to undertake the design, construction, renovation, reconstruction, alteration, improvement, demolition, expansion or management of a new or existing facility; (5) the proposed contractual terms and conditions, some of which may be considered mandatory or nonnegotiable, (6) the evaluation criteria that will be utilized by the commissioner; (7) the time and date for receipt of proposals; (8) the address of the office to which proposals shall be delivered; and (9) such other matters as may be determined by the commissioner. Public notice of each request for proposals shall be published at least 3 weeks before the time specified in the notice for the receipt of proposals in the central register published by the state secretary. At the opening of the proposals, the commissioner shall prepare a register of proposals which shall include the name of each proposer. The register of proposals shall be open for public inspection. Notwithstanding any general or special law to the contrary, until the completion of the selection process, the contents of the proposals and the selection process shall not be disclosed to competing proposers and shall not be public documents.

              (c) Any design, construction, renovation, reconstruction, alteration, improvement, demolition, expansion or management of a facility undertaken under this section shall be subject to chapters 7C, 30 and 149 of the General Laws and any other general or special law or regulation governing the design, construction, renovation, reconstruction, alteration, improvement, demolition, expansion or management of real or personal property by the commonwealth.

              (d)  The commissioner shall solicit proposals for temporary relocation space as required for completion of a project funded under items 1102-2009, 1102-2014, 1100-3003, or 4000-2022 in accordance with section 37 of chapter 7C of the General Laws.             

              SECTION 10. The division of capital asset management and maintenance may transfer care, custody, control and jurisdiction of a parcel of commonwealth land with the buildings thereon located at Leverett circle in the city of Boston, currently used by the department of state police, from the department of conservation and recreation to the department of state police.  The exact boundaries of the parcel to be transferred may be determined by the division of capital asset management and maintenance in consultation with the department of conservation and recreation and the department of state police. Transfer of the parcel shall be without consideration and shall not be subject to chapter 7C of the General Laws. The division of capital asset management and maintenance may, as necessary, clear title to the parcel to be transferred by eminent domain taking.

              SECTION 11. The division of capital asset management and maintenance may transfer care, custody, control and jurisdiction of a parcel of vacant commonwealth land in the town of Middleton from the department of mental health to the department of youth services for use as a location for a new department of youth services facility. The parcel to be transferred contains approximately 9.295 acres and is shown on a plan on file with the division.  The exact boundaries of the parcel to be transferred are to be determined by the division of capital asset management and maintenance. Transfer of the parcel shall be without consideration and shall not be subject to chapter 7C of the General Laws. The division of capital asset management and maintenance may, as necessary, clear title to the parcel to be transferred by eminent domain taking.

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