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The 193rd General Court of the Commonwealth of Massachusetts

Section 67: Submission of copies of proposed plans and requests; reporting by secretaries of executive offices; reporting by directors of programming, project management or facilities management

Section 67. Copies of the proposed plans and requests shall be submitted simultaneously to the commissioner, the secretaries of all executive offices, the director of the fiscal affairs division within the executive office for administration and finance, the state treasurer, the commissioner of revenue and the house and senate committees on ways and means. The secretaries shall submit to the commissioner of capital asset management and maintenance a report on the consistency of any public agency's plans and requests with the programs and policies of the executive office on which it is located, except in the case of a public institution of higher learning, the board of higher education, including the secretary's recommendations as to those plans and requests. Prior to making their reports, each secretary shall conduct public hearings, for which each secretary shall give 5 days public notice prior thereto, on the secretary's analysis and recommendations as to those plans and requests. Any secretary, when requested by the commissioner, shall submit to the commissioner a report on the impact of the specific statutory mission of the secretariat of the plans and request of any public agencies not located within his secretariat. Each secretary shall furnish to the house and senate committees on ways and means and the house and senate committees on post audit and oversight, copies of all such plans, requests and reports.

The director of the bureau of programming, director of the office of project management or the director of the office of facilities management, as the commissioner directs, shall report to him as to the technical feasibility, cost, and schedule of proposed building projects; the technical, financial, and related requirements for the operation and maintenance of such buildings upon completion of the proposed projects; where relevant, the efficacy and efficiency of the proposed project in relation to current and projected available space and current and projected standards for the allocation and utilization of space; the accuracy and adequacy of any planning and design documents and any other documents prepared in relation to the stated needs, and as to any other matters which the commissioner of capital asset management and maintenance may require relative to his evaluation of such plans and requests. At the request of said commissioner of capital asset management and maintenance, the head of the public agency which administers or would administer a capital facility project, other than a building project, or consultants hired by him for that purpose, or members of said commissioner's staff shall report to him as to the technical feasibility, cost and schedule of that project; the technical, financial, and related requirements for the operation and maintenance of such facilities upon completion of the proposed projects; where relevant, the proposed project in relation to current and projected available facilities of a similar kind; the accuracy and adequacy of any planning documents, accurate summaries of design documents and any other documents prepared in relation to stated needs, and as to any other matters which said commissioner may require relative to his evaluation of such plans and requests.

The director of the fiscal affairs division within the executive office for administration and finance shall report in writing to said commissioner of capital asset management and maintenance on the impact of proposed agency plans and requests, based on the stated and projected overall agency programs, on the agency's operating budgets for the next 5 years or for such longer period as said commissioner shall request. The commissioner of the department 1 of revenue shall report in writing to said commissioner of capital asset management and maintenance on the impact of proposed agency plans and requests on their requirements for and production of revenue for at least the next 5 years or for such longer period as said commissioner of capital asset management and maintenance shall request. The reports of the director of the fiscal affairs division within the executive office for administration and finance and the commissioner of the department of revenue shall be sent to the state treasurer. The state treasurer may, if requested by said commissioner of capital asset management and maintenance, report in writing to said commissioner on the impact of all plans and requests, separately and as a whole on the financial health of the commonwealth and make such recommendations as to the form and nature of the financing as the treasurer deems necessary.

Copies of the proposed plans and requests shall in a timely manner be submitted to each of the regional planning agencies established pursuant to chapter 40B for their review. They shall submit to said commissioner of capital asset management and maintenance a statement of their comments and recommendations, including those of cities and towns in the region which are affected by such plans and requests.

Said commissioner of capital asset management and maintenance may request such other reports from public agencies as said commissioner may deem necessary to fulfill his responsibilities for the integration and coordination of capital facility projects.