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The 192nd General Court of the Commonwealth of Massachusetts

Section 70: Emergency repair reserve account

Section 70. The governor's and the commissioner of capital asset management and maintenance capital facility budget shall include provisions for establishment of an emergency repair reserve account, the purpose of which shall be to provide monies for the performance of repair projects of such a nature that funding through the capital budget process provided for by this chapter would be burdensome. Allocation of monies from such reserve accounts shall be made according to the provisions of section 62. Priority in the allocation of monies from such fund shall be given as follows:

(1) top priority shall be given to funding requests for projects designed to remedy clear and present dangers to the health and safety of the users of the facility in question;

(2) secondary priority shall be given to funding requests for projects which would prevent imminent destruction or damage of property or equipment beyond reasonable repair; and

(3) third priority shall be given to funding requests for projects, that would restore use of a facility or part of a facility to its user, where the loss of use has seriously disrupted the agency's program functions.

In no case shall a request for monies be made or monies be allocated for projects for which a similar request was considered during the capital budget process for the previous year as provided for by this chapter, and which failed to receive an appropriation or authorization.

Requests for monies from the emergency repair reserve account may be made by state agencies other than counties and by the office of facility management.