HOUSE . . . . . . . . No. 4790
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The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, May 17, 2022.
The committee on Ways and Means, to whom was referred the Bill financing the general governmental infrastructure of the Commonwealth (House, No. 4759), reports recommending that the same ought to pass with an amendment substituting therefor the accompanying bill (House, No. 4790). [Bond Issue: General Obligation Bonds: $4,880,875,000.00]
For the committee,
AARON MICHLEWITZ.
FILED ON: 5/17/2022
HOUSE . . . . . . . . . . . . . . . No. 4790
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The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Second General Court
(2021-2022)
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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 capital asset acquisitions, dispositions, public safety, governmental infrastructure, improvements to various state programs, services, agencies, institutions and properties, 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 FOR ADMINISTRATION AND FINANCE
Office of the Secretary
0640-0307For the Massachusetts Cultural Facilities Fund established in section 42 of chapter 23G 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
1100-2515For 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…………………………...…$100,000,000
Department of Revenue
1201-0002For the division of local services within the department of revenue, for grants to carry out the Community Compact Information Technology Grant Program established in conjunction with Executive Order 554.……………………………........……….…$30,000,000
Division of Capital Asset Management and Maintenance
1102-2021For 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 and 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; and 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, in consultation with the secretary of administration and finance..………………….…..$975,000,000
4000-2028For 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 shall 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..............................................................................................................................$820,000,000
7066-2011For costs associated with plans and specifications, planning and studies, repairs, reconstruction, demolition, remediation, rehabilitation, modernization, disposition, renovations, improvements and maintenance at Massachusetts public higher education campus facilities and grounds; provided, that all projects approved for design and construction by the division of capital asset management and maintenance shall be consistent in priority and need with regional capital master plans developed by the division of capital asset management and maintenance, in consultation, as applicable, with the presidents of the community colleges, state universities and the University of Massachusetts and approved by the board of higher education, with respect to the community colleges and state universities or approved by the board of trustees of the University of Massachusetts, as applicable; and provided further, that all maintenance and repair work funded by this item shall be included in the capital asset management information system administered by the division of capital asset management and maintenance ……………………………………………………………………..…..$750,000,000
8000-2028For 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 space or equipment as required for completion of a project …...……..$530,000,000
SECTION 2A.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Division of Capital Asset Management and Maintenance
JUDICIARY
Trial Court
1102-2022For capital needs at court facilities, including, but not limited to, expenditures for the planning, design and acquisition of land and buildings and interests therein by purchase, lease 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, the preparation of plans and specifications, the construction, renovation, reconstruction, alteration, improvement, demolition, expansion, repair and improvements, including furnishings and equipment and temporary relocation costs, as needed for priority projects identified by the division of capital asset management and maintenance and the executive office of the trial court, for building repairs necessary to correct unsafe and overcrowded conditions, for the remediation of life safety code violations, for the remediation of access code and civil rights violations, for the remediation of environmental hazards and for security improvements and other necessary repairs at court facilities owned by the commonwealth or by political subdivisions of the commonwealth; provided, that expenditures made from this item shall include, but not be limited to, expenditures for the projects identified through the court capital repair needs assessment database as developed and maintained by the division of capital asset management and maintenance and reviewed and approved by the executive office of the trial court ……………...…....$675,000,000
SECTION 2B.
EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Office of the Secretary
7002-1500For grants administered by Massachusetts Technology Development Corporation established in section 2 of chapter 40G of the General Laws, and doing business as MassVentures; provided, that such grants shall be made on a competitive basis to growing Massachusetts-based companies commercializing technologies developed with assistance of a Small Business Innovation Research or Small Business Technology Transfer grant from a federal agency, including, but not limited to, the United States Department of Defense, the United States Department of Energy, or the National Science Foundation.........................................$16,125,000
Department of Housing and Community Development
7004-0062For the purpose of state financial assistance in the form of grants or loans for the Housing Stabilization and Investment Trust Fund established in section 2 of chapter 121F of the General Laws and awarded only pursuant to the criteria established in said section 2 of said chapter 121F; provided, that not less than 25 per cent shall be used to fund projects which preserve and produce housing for families and individuals with incomes of not more than 30 per cent of the area median income, as defined by the United States Department of Housing and Urban Development; provided further, that if the department of housing and community development has not spent the amount authorized under the bond cap for this program, at the end of each year following the effective date of this act, the department may award the remaining funds to projects that serve households earning more than 30 per cent of the area median income, as defined by the United States Department of Housing and Urban Development; provided further, that the department of housing and community development may expend an amount not to exceed $10,000,000 to stabilize and promote reinvestment, through homeownership, in areas the department of housing and community development has determined to be weak markets as indicated by a high concentration of assisted rental housing, a low rate of homeownership, low median family income, low average sales prices, high levels of unpaid property taxes or vacant or abandoned buildings, by waiving the requirements of this item and said chapter 121F and by subsidizing the purchase price, borrowing costs or costs of renovation or new construction of 2 to 6 unit residential buildings for a person who shall own the property and occupy any portion of the property as the person’s primary residence for at least 5 years from the date of purchase; provided further, that if more than 5 years, but less than 10 years, from the date the owner takes ownership of the property, the owner sells any of the owner’s interest in the property, the new owner shall so occupy 1 unit in the property for a period equal to the difference between 10 years and the amount of time the first owner occupied the property as the owner’s primary residence; provided further, that if the owner fails to so occupy a unit on the property or ceases to be the owner of the property as required by this section, the department shall recoup the value of any subsidy provided to the owner; and provided further, that 10 years after the owner takes possession of the property pursuant to this item, all restrictions on the property created by this item shall be void...........................................................................................................$60,000,000
7004-0067For a local capital projects grant program to support and encourage implementation of the housing choice designation for communities that have demonstrated housing production and adoption of housing best practices, including a grant program to assist MBTA communities in complying with the multifamily zoning requirement in section 3A of chapter 40A of the General Laws………..……………...……………………….……$25,000,000
EXECUTIVE OFFICE OF EDUCATION
Office of the Secretary
7009-2008For a competitive grant program to be administered by the executive office of education, in consultation with the executive office of housing and economic development and the executive office of labor and workforce development, to provide funding for the purchase and installation of equipment and related improvements and renovations to facilities necessary for the installation and use of such equipment, to establish, upgrade and expand career technical education and training programs that are aligned to regional economic and workforce development priorities; provided, that grant applications may facilitate collaboration to provide students enrolled in eligible vocational technical schools with postsecondary opportunities consistent with those reported in clause (o) of the first paragraph of section 22 of chapter 15A of the General Laws and section 37A of chapter 74 of the General Laws; provided further, that community colleges and innovation centers that receive funds from the Massachusetts Life Sciences Center shall also be eligible for funds from this program; provided further, that the executive office of education, in consultation with the executive office of housing and economic development and the executive office of labor and workforce development, shall adopt additional guidelines as necessary for the administration of the program; and provided further, that awards may be made to community-based organizations with recognized success in training adults with barriers to employment............................$100,000,000
SECTION 2C.
TREASURER AND RECEIVER GENERAL
0640-1005For the water pollution abatement trust established in section 2 of chapter 29C of the General Laws for deposit in the Water Pollution Abatement Revolving Fund established in section 2L of chapter 29 of the General Laws for application by the trust to the purposes specified in section 5 of said chapter 29C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under Title VI of the federal Clean Water Act or for deposit in the Drinking Water Revolving Fund established in section 2QQ of said chapter 29 for application by the trust to the purposes specified in section 18 of said chapter 29C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under the federal Safe Drinking Water Act; provided, that funds may be used to assist homeowners in complying with the revised Title 5 of the state environmental code for subsurface disposal of sanitary waste................$64,000,000
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Division of Capital Asset Management and Maintenance
1102-2023For costs associated with the implementation of Executive Order 594 to decarbonize and minimize the environmental impacts of state-owned facilities, equipment and related capital assets by reducing or eliminating emissions from on-site use of fossil fuels, increasing energy and water efficiency, deploying renewable and clean energy resources, and improving resilience and climate change readiness, including costs associated with planning and studies, 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, disposition and remediation of state-owned and former county facilities and grounds and repair and maintenance of buildings and building systems and equipment at various state-owned facilities; 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 the commissioner of capital asset management and maintenance may, if appropriate, 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 costs payable from this item shall include, but not be limited to, the costs of engineering and other services essential to these projects rendered by the division of capital asset management and maintenance employees or by consultants; provided further, that amounts expended for employees of the division of capital asset management and maintenance may include the salary and salary-related expenses of such employees to the extent that such employees work on or in support of these projects; provided, however, that the division shall not expend more than 5 per cent of the funds authorized in this item for such costs; and provided further, that the commissioner of capital asset management and maintenance shall maximize efforts to utilize all available means to minimize use of capital funds to pay for salaries of division employees..................................................................................................$400,000,000
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Agricultural Resources
2511-0121For 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, food retailers, 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, to provide greater access to local food, and to provide grants that support food banks and other parts of the food distribution channel 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; (iii) expansion of storage and food preparation areas for food banks, food pantries or food distribution organizations; (iv) the purchase or lease of point-of-sale devices to provide to retailers at no cost to provide curbside pick-up and curbside payment service, including payment using electronic benefits transfer cards; (v) storage and processing equipment to adapt to supply chain disruptions, including for cold and ambient storage and vehicles for distribution; (vi) capital support for food retailers in communities underserved by full grocery stores to increase capacity, expand offerings of health foods and maintain continuity of business operations; (vii) production processing and transportation for meat, fish and other poultry products individually, or through a collaborative effort and information technology for tracking and quality control of products and for fishing vessels and farms; and (viii) information technology needs for food retailers with not more than 100 employees in order to meet criteria to join the online purchasing program of the supplemental nutrition assistance program as outlined by the United States Department of Agriculture.....................................................................................................................$51,000,000
SECTION 2D.
EXECUTIVE OFFICE OF TECHNOLOGY SERVICES AND SECURITY
Office of the Secretary
1790-3013For costs associated with the virtual and physical security infrastructure of state lottery commission facilities, including, but not limited to, installing systems upgrades, decommissioning and replacing obsolete end of life equipment and addressing cybersecurity vulnerabilities………………………………………………………………………….$74,750,000
SECTION 2E.
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Office of the Secretary
8000-0706For 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...……………………………………………………………………………...$60,000,000
Department of State Police
8000-2023For 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…………………………………………………………………...…………$100,000,000
SECTION 3. Chapter 7C of the General Laws is hereby amended by inserting after section 72 the following section:-
Section 73. (a) For the purposes of this section the term “correctional facility” shall have the same meaning as provided in section 1 of chapter 125.
(b) Notwithstanding any general or special law or rule or regulation to the contrary, a state agency or public agency shall not:
(1) study, plan, design, acquire, lease, search for sites or construct new correctional facilities;
(2) expand the capacity of an existing correctional facility beyond its current design or rated capacity;
(3) convert any part of an existing or dormant correctional facility for the purpose of detention or incarceration, including to change or expand the populations incarcerated in that correctional facility;
(4) renovate an existing or dormant correctional facility beyond requirements for maintenance or to comply with building code requirements; or
(5) repair an existing or dormant correctional facility for the purposes of expanding the correctional facility or increasing its bed capacity.
SECTION 4. To meet the expenditures necessary in carrying out sections 2, 2A and 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, but not exceeding in the aggregate $4,131,125,000. All such bonds issued by the commonwealth shall be designated on their face, General Governmental Infrastructure Act of 2022, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend 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, 2057. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued pursuant to this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.
SECTION 5. 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, but not exceeding in the aggregate $515,000,000. All such bonds issued by the commonwealth shall be designated on their face, General Governmental Infrastructure Act of 2022, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend 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, 2047. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued pursuant to this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.
SECTION 6. 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, but not exceeding in the aggregate $74,750,000. All such bonds issued by the commonwealth shall be designated on their face, General Governmental Infrastructure Act of 2022, and shall be issued for a maximum term of years, not exceeding 10 years, as the governor may recommend 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, 2037. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Bonds and interest thereon issued pursuant to this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.
SECTION 7. 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, $160,000,000. All such bonds issued by the commonwealth shall be designated on their face, General Governmental Infrastructure Act of 2022, 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, 2034. 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 provide for the continued availability of certain bond-funded spending authorizations which otherwise would expire, the balances of the following items and any allocations thereof shall be extended through June 30, 2027 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, 1100-2513, 1100-9200, 1102-2009, 1102-2015, 1102-2016, 1102-2017, 1102-2018, 1102-2019, 1102-5700, 1790-3007, 1790-3008, 1790-3009, 2000-7026, 2000-7029, 2000-7031, 2000-7051, 2000-7052, 2000-7054, 2000-7055, 2000-7056, 2000-7057, 2000-7058, 2000-7059, 2000-7060, 2000-7061, 2000-7062, 2000-7063, 2000-7064, 2000-7065, 2000-7066, 2000-7070, 2000-7071, 2000-7072, 2000-7073, 2000-7074, 2000-7075, 2000-7077, 2000-7078, 2000-7079, 2000-7080, 2000-7081, 2000-7084, 2000-7085, 2000-7135, 2200-7016, 2200-7019, 2200-7021, 2200-7022, 2200-7023, 2200-7024, 2200-7025, 2300-0421, 2300-7019, 2300-7020, 2300-7021, 2300-7022, 2300-7023, 2300-7024, 2300-7025, 2300-7026, 2300-7027, 2300-7028, 2500-7011, 2500-7021, 2500-7023, 2500-7024, 2511-0122, 2800-1121, 2800-7014, 2800-7020, 2800-7023, 2800-7025, 2800-7027, 2800-7031, 2800-7032, 2800-7033, 2800-7035, 2800-7107, 2800-7108, 2840-7024, 2840-7025, 2840-7026, 2840-7027, 2890-7034, 2890-7035, 3000-0410, 4000-2022, 4000-2025, 6720-1336, 7000-9091, 7009-2005, 7066-8000, 7066-8110, 7100-1000, 8000-0702, 8000-3502, 9300-7030, 9300-7031, 9300-7918 and 9300-7919.
SECTION 9. To carry out the purposes of this act, 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, 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 10. Notwithstanding any general or special law to the contrary, funds authorized pursuant to sections 2 to 2E, inclusive, shall only be expended for the purposes specified in: (i) sections 2 to 2E, inclusive; or (ii) the Fiscal Year 2022-2026 Five-Year Capital Investment Plan published by the governor and the executive office of administration and finance on June 14, 2021.
SECTION 11. Section 73 of chapter 7C of the General Laws is hereby repealed.
SECTION 12. Section 11 shall take effect 5 years after the effective date of this act.