HOUSE . . . . . . . . . . . . . .No. 4708
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, May 13, 2020.
The committee on Ways and Means to whom was referred the Bill financing the general governmental infrastructure of the Commonwealth (House, No. 4039), reports recommending that the same ought to pass with an amendment substituting therefor the accompanying bill (House, No. 4708) [Bond Issue: General Obligation Bonds: $1,630,750,000.00].
For the committee,
AARON MICHLEWITZ.
FILED ON: 5/13/2020
HOUSE . . . . . . . . . . . . . . . No. 4708
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The Commonwealth of Massachusetts
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In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act financing the general governmental infrastructure of the Commonwealth.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the general governmental infrastructure 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 investments for public safety, governmental infrastructure, information technology and data and cyber-security improvements to various state programs, services, agencies, institutions and properties and to fund technology infrastructure, the sums set forth in this act, 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 for a particular project may be adjusted in order to facilitate projects authorized in this act.
SECTION 2.
EXECUTIVE OFFICE OF TECHNOLOGY SERVICES AND SECURITY
Office of the Secretary
1790-3006 For costs associated with initiatives, projects, and expenditures to make improvements to the quality, consistency, efficiency and delivery of any service or program for the benefit of the public and the interactions between residents and state agencies and instrumentalities of the commonwealth, including but not limited to, planning and studies, the preparation of plans and specifications, purchase, procurement, acquisition, licensing and implementation of information technology, telecommunications and data-security-related equipment, hardware, software, systems, intellectual property and related projects for various state agencies of the commonwealth; provided, that for projects the secretary of administration and finance certifies to the comptroller directly or indirectly generate state revenue or budgetary savings, the comptroller shall transfer such revenue or budgetary savings to the state treasurer for payment of debt service related to those projects; and provided further, that any federal reimbursement received by a state agency in connection with projects funded from this item may be retained by the state agency or the executive office of technology services and security and expended for the purposes of the project, without further appropriation, in addition to the amounts appropriated in this item ……………………………………….…………. $195,000,000
1790-3007 For costs associated with initiatives, projects, and expenditures to make improvements to the quality, consistency, efficiency and delivery of any service or program to support, improve, extend, secure or maintain technology or telecommunications infrastructure, including but not limited to, planning and studies, the preparation of plans and specifications, purchase, procurement, acquisition, licensing and implementation of information technology, telecommunications and data-security-related equipment, hardware, software, systems, intellectual property and related projects for various state agencies of the commonwealth; provided, that for projects the secretary of administration and finance certifies to the comptroller directly or indirectly generate state revenue or budgetary savings, the comptroller shall transfer such revenue or budgetary savings to the state treasurer for payment of debt service related to those projects; and provided further, that any federal reimbursement received by a state agency in connection with projects funded from this item may be retained by the state agency or the executive office of technology services and security and expended for the purposes of the project, without further appropriation, in addition to the amounts appropriated in this item…………………………………………………………………………………. $150,000,000
1790-3008 For costs associated with planning and studies, the preparation of plans and specifications, purchase, procurement, acquisition, licensing and implementation of information technology, telecommunications and data-security-related equipment, hardware, software, systems, intellectual property and related projects for various state agencies and public instrumentalities of the commonwealth to mitigate, avoid or respond to risks to the security of the commonwealth’s technology and telecommunications infrastructure or operations; provided, that for projects the secretary of administration and finance certifies to the comptroller directly or indirectly generate state revenue or budgetary savings, the comptroller shall transfer such revenue or budgetary savings to the state treasurer for payment of debt service related to those projects; provided further, that no less than $5,000,000 shall be provided to cybersecurity, software, hardware and infrastructure upgrades at community colleges; and provided further, that any federal reimbursement received by a state agency in connection with projects funded from this item may be retained by the state agency or the executive office of technology services and security and expended for the purposes of the project, without further appropriation, in addition to the amounts appropriated in this item……………………………………………..$140,000,000
1790-3009 For costs associated with planning and studies, the preparation of plans and specifications, purchase, procurement, acquisition, licensing and implementation of information technology, telecommunications and data-security-related equipment, hardware, software, systems, intellectual property and related projects for various state agencies of the commonwealth including, but not limited to, executing strategic initiatives, improving business intelligence and modernizing governmental functions; provided, that funds may be expended for costs associated with the development, implementation and deployment of an online delivery system for unemployment compensation benefits; provided further, that for projects the secretary of administration and finance certifies to the comptroller directly or indirectly generate state revenue or budgetary savings, the comptroller shall transfer such revenue or budgetary savings to the state treasurer for payment of debt service related to those projects; and provided further, that any federal reimbursement received by a state agency in connection with projects funded from this item may be retained by the state agency or the executive office of technology services and security and expended for the purposes of the project, without further appropriation, in addition to the amounts appropriated in this item………………………….………………….$165,000,000
SECTION 2A.
EXECUTIVE OFFICE OF EDUCATION
Department of Elementary and Secondary Education
1599-7064 For a competitive, matching grant program to be administered by the executive office of education and the department of elementary and secondary education, in consultation with the secretary of technology services and security, to assist public school districts in improving student instruction and assessment through the use of information technology; provided, that the program shall include assistance to public school districts to establish, enhance or expand remote learning environments; provided further, that funds may be used to reimburse costs incurred by school districts establishing, enhancing or expanding remote learning environments in response to the state of emergency concerning the novel coronavirus outbreak declared by the governor on March 10, 2020; provided further, that the executive office of education and the department of elementary and secondary education, in consultation with the executive office of technology services and security, shall determine the criteria used to evaluate applications for the matching grant program; provided further, that the criteria shall promote access to broadband to public school districts; and provided further, that such criteria shall include, but not be limited to, the commitment of the school district to improve the efficiency and productivity of education through the use of technology, to deliver statewide online assessments, to provide student access to individualized and rigorous digital learning experiences and to ensure that educators and administrators have the knowledge and skills to develop and implement digital learning curricula………………………………………….……….$25,000,000
Department of Higher Education
7066-6829 For initiatives to improve the safety and security of public institutions of higher education, to be administered in coordination with the executive office of education and the executive office of public safety and security; provided, that funding may be used for multi-year grants to public institutions of higher education for school security and communications upgrades; provided further, that funding may be used to provide training for campus public safety officials; provided further, that funding may be used to provide upgrades of security cameras, door locks, active shooter detection systems, emergency communication systems, campus lighting and emergency call boxes; and provided further, that not less than $10,000,000 shall be provided to community colleges…………………….……………..…………$30,000,000
SECTION 2B.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary
1599-1952 For a competitive, matching grant program to be administered by the executive office for administration and finance, in consultation with the secretary of technology services and security, to assist municipalities with the construction of fiber broadband infrastructure and related projects and expenditures …………….…….…………. $20,000,000
SECTION 2C.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary
1100-2512 For a grant program to cities, towns, regional organizations whose membership is exclusively composed of municipal governments or municipal redevelopment authorities or agencies or similar governmental development agencies to provide funding for capital purposes, including, but not limited to, planning and studies, preparation of plans and specifications, site assembly and preparation, dispositions, acquisitions, repairs, renovations, improvements, construction, demolition, remediation, modernization and reconstruction of facilities, infrastructure, equipment and other capital assets, technical assistance, information technology equipment and infrastructure and for costs associated with improving accessibility of municipal facilities, including, but not limited to, assessments, transition plans, technical assistance to cities, towns, municipal councils on aging and disability and regional organizations whose membership is exclusively composed of municipal governments, under guidelines adopted by the secretary of administration and finance; provided, that not less than $1,000,000 be directed to the Massachusetts office of victim assistance for infrastructure improvements to the garden of peace…………………………………………………………………..$101,000,000
1100-2513 For infrastructure related to governmental performance and efficiency……………………………………….………………………………….... $100,000,000
Division of Capital Asset Management and Maintenance
1102-2020 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, disparity studies, repairs, construction, renovations, improvements, asset management, accessibility improvements, demolition, disposition and remediation of state-owned and former county facilities and grounds and for costs associated with repair and maintenance of buildings, building systems and equipment at various facilities of the commonwealth; provided, that any federal reimbursement received by a state agency 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 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 authorized herein in accordance with a delegation of project control and supervision process pursuant to section 5 of chapter 7C of the General Laws; and provided further, that funds so transferred shall be distributed based on the severity of the need that the repair shall address and other criteria developed by the division of capital asset management and maintenance, in consultation with the secretary of administration and finance………………………………………………………………………...…$150,000,000
4000-2023 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, construction, 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 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; and provided further, that any federal reimbursement received by a state agency including, but not limited to, projects related to the provision of 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.....................................................................................................................$100,000,000
8000-2025 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, construction, renovations, improvements, remediation, rehabilitation, modernization and demolition for public safety and security facilities, all as the commissioner of capital asset management and maintenance, in consultation with the secretary of public safety and security and the appropriate commissioners of the departments within the executive office, shall consider appropriate; provided, 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.....................................................................................................................$150,000,000
Massachusetts Office on Disability
1107-2410 For state financial assistance in the form of grants to cities and towns for modifications to governmental infrastructure to enhance accessibility; provided, that projects may include, but shall not be limited to, projects providing for renovation, remodeling, reconstruction, redevelopment and hazardous material abatement, including asbestos and lead paint removal, for the adaptation of facilities for families and persons with disabilities and for compliance with state codes and laws and for adaptations necessary for compliance with the federal Americans with Disabilities Act of 1990; and provided further, that priority shall be given to projects undertaken for the purpose of compliance with state codes and laws or for other purposes related to the health and safety of residents ……………..……………… $10,000,000
Board of Library Commissioners
7000-9092 For a program of grants to cities and towns for approved public library projects pursuant to sections 19G to 19J, inclusive, of chapter 78 of the General Laws……………………………………….……………………………….………$100,000,000
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Department of Fire Services
8324-2019 For the study, preparation of plans and specifications, design, remediation, demolition, construction, renovation and improvements, including furnishings and equipment, of department of fire services facilities and grounds, including the establishment of a department of fire services Southeastern Massachusetts firefighter training facility, for costs associated with repair and maintenance of department of fire services grounds, buildings, building systems and equipment and for the acquisition of apparatus and specialty vehicles………….$10,000,000
LEGISLATURE
House of Representatives
9600-2020 For necessary information technology upgrades for the house of representatives….……………………………………………………………………… $1,250,000
SECTION 2D.
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Office of the Secretary
8324-2000 For a grant program to be awarded competitively to fire departments of cities, towns, fire districts and authorities of the commonwealth to purchase firefighter safety equipment; provided, that eligible fire safety equipment under this program shall include, but not be limited to, washer or dryer units, turnout gear, hand-held power lights, communication devices, personal alarm safety systems, self-contained breathing apparatus, fit test equipment, air packs, tanks, compressors, thermal imaging devices and computerized personnel accountability systems, but shall exclude firefighter vehicles …………...…………….…………….$25,000,000
SECTION 2E.
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Office of the Secretary
8000-0703 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, safety equipment, communications equipment and vehicles……$30,000,000
Department of State Police
8000-2024 For the replacement of state police cruisers and accompanying equipment; provided, that funds may be expended for equipment purchased in conjunction with the operation of the state police cruiser fleet, including, but not limited to, mobile data terminals………………………………………………………………….………… $92,500,000
SECTION 2F.
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Agricultural Resources
2511-0123 For a food security program, including grants to fund costs of immediate and projected infrastructure needs for farms, retailers, fisheries, food system businesses and food distribution channels including, but not limited to, food banks, farm stands, food hubs, elder services, and community supported agriculture farms, while taking into account the unique needs of rural and urban areas and gateway municipalities as defined in section 3A of chapter 23A of the General Laws, in order to adapt to the disruptions caused as a result of the outbreak of the 2019 novel coronavirus, also known as COVID-19, to provide greater access to local food in ways that support social-distancing recommendations, and to also provide grants that support food banks and other parts of the food distribution channel to meet the urgent needs as a result of COVID-19 by expanding services, which may include, but shall not be limited to: (i) information technology needs, including the development of online markets and delivery systems, including an online system to link food system channels to identify and match agricultural and fishery products to consumers and markets, particularly to benefit food insecure communities; (ii) facility adaptation to new safety guidelines, including new signage and the installation of handwashing stations; and (iii) storage and processing equipment to adapt to supply chain disruptions, including for cold and ambient storage and vehicles for distribution….$36,000,000
SECTION 3. The second sentence of section 16 of chapter 304 of the acts of 2008 is hereby amended by striking out the figure “10” and inserting in place thereof the following figure:- 20.
SECTION 4. The third sentence of said section 16 of said chapter 304 is hereby amended by striking out the figure “2023” and inserting in place thereof the following figure:- 2033.
SECTION 5. The second sentence of subsection (a) of section 6 of chapter 257 of the acts of 2014 is hereby amended by striking out the figure “10” and inserting in place thereof the following figure:- 20.
SECTION 6. The third sentence of said subsection (a) of said section 6 of said chapter 257 is hereby amended by striking out the figure “2029” and inserting in place thereof the following figure:- 2039.
SECTION 7. 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, $650,000,000. All such bonds issued by the commonwealth shall be designated on their face, General Governmental Infrastructure Act of 2020, 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, 2035. 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 provision of this act, be general obligations of the commonwealth.
SECTION 8. 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, $55,000,000. All such bonds issued by the commonwealth shall be designated on their face, General Governmental Infrastructure Act of 2020, 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, 2035. 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 provision of this act, be general obligations of the commonwealth.
SECTION 9. 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, $20,000,000. All such bonds issued by the commonwealth shall be designated on their face, General Governmental Infrastructure Act of 2020, 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, 2035. 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 provision of this act, be general obligations of the commonwealth.
SECTION 10. 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, $722,250,000. All such bonds issued by the commonwealth shall be designated on their face, General Governmental Infrastructure Act of 2020, 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, 2055. 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 provision of this act, be general obligations of the commonwealth.
SECTION 11. To meet the expenditures necessary in carrying out section 2D, 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, $25,000,000. All such bonds issued by the commonwealth shall be designated on their face, General Governmental Infrastructure Act of 2020, 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, 2035. 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 provision of this act, be general obligations of the commonwealth.
SECTION 12. To meet the expenditures necessary in carrying out section 2E, 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, $122,500,000. All such bonds issued by the commonwealth shall be designated on their face, General Governmental Infrastructure Act of 2020, and shall be issued for a maximum term of years, not exceeding 7 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, 2032. 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 provision of this act, be general obligations of the commonwealth.
SECTION 13. To meet the expenditures necessary in carrying out section 2F, 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, $36,000,000. All such bonds issued by the commonwealth shall be designated on their face, General Governmental Infrastructure Act of 2020, and shall be issued for a maximum term of years, not exceeding 20 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, 2045. 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 provision of this act, be general obligations of the commonwealth.
SECTION 14. 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 are hereby extended through June 30, 2024 for the purposes of and subject to the conditions stated for these items in the original authorizations and any amendments to such authorizations: 0640-0035, 1100-9200, 1599-7061, 1790-3001, 1790-3002, 1790-3003, 7000-9091 and 8100-2026.