Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. The secretary of administration and finance, hereinafter referred to as the secretary, is hereby authorized to make grants to the city of North Adams, hereinafter referred to as the city, in a total amount not to exceed thirty-five million dollars to acquire land, including buildings thereon, and to construct, reconstruct, rehabilitate, finish, or expand facilities to be used as a Massachusetts museum of contemporary art and facilities related thereto, hereinafter referred to as the "Project". Such funds shall be granted by the secretary in one or more grants upon his approval of grant applications submitted by the city of North Adams containing any information concerning the Project that the secretary shall require. Said grants in total shall not exceed seventy per cent of the total cost of the Project. No state funds shall be used for the operational costs of the facility. The city shall not sell or divest itself of the Project, other than those portions which are designated for private development in the study and program certified by the deputy commissioner of capital planning and operations, and those portions which were not constructed, reconstructed, rehabilitated, finished or expanded with state funds, without refunding to the commonwealth an amount equal to monies actually granted under the provisions of this act.
SECTION 2. The secretary shall not grant any funds pursuant to this act, and the city shall not expend any grant funds, other than for the preparation of programs, feasibility studies, surveys, soil tests, or cost estimates, until the city has completed a study and program for the Project. Said study and program shall include an estimate of the operating costs of the Project for the first five years of operation and the sources of revenue to meet such costs. Said study and program shall also include an analysis by the office of transportation and construction based on projected needs as a result of the Project for infrastructure improvements, additional airport facilities, and general transportation accessibility to the city and the completed Project. Any recommended improvements as a result thereof shall be subject to the provisions of chapter eighty of the General Laws. Other than as necessary for such study and program, no provider of design services shall be selected, nor shall any design services be performed, unless and until said study and program have been completed and certified as follows: (1) the city shall certify to the deputy commissioner of capital planning and operations that the study and program correspond to the needs of the Project; and (2) the deputy commissioner of capital planning and operations shall certify to the secretary that the study and program reflect said needs, that the study and program provide an accurate estimate of the Project requirements, costs, and schedule, and that the Project can be accomplished within the proposed cost for such Project specified in the grant application and without substantial deviation from the study and program.
The secretary shall not grant any funds pursuant to this act and the city shall not expend any grant funds, for the construction of the Project unless the deputy commissioner certifies that the construction work can be accomplished within the proposed cost for such Project specified in the grant application and without substantial deviation from the study and the program. The city may create, by vote of the city council and with approval of the mayor, a commission to act on behalf of the city in carrying out the purposes of this act.
Such commission, if created, is hereby empowered to take all actions appropriate to the purposes of this act including, without limitation, contracting, the employment of personnel, consultants and managers and the acquisition and disposition of all forms of property and interests therein.
Monies deposited in the name of the commission's name may be expended by the treasurer of the commission as authorized by a majority vote of the commission and without further appropriation; provided that all such monies shall be used solely for the purposes of paying for the cost of the Project under the provisions of this act.
SECTION 2A. Any purchase and sale agreement involving the expenditure of state funds shall include a provision that the state, at its expense, shall undertake an inspection of said premises for the presence of any hazardous materials, as defined in chapter twenty-one E or chapter ninety-four B of the General Laws. Said provision shall require the property owner at its sole expense to clean up or remove any such hazardous materials, as defined in and in accordance with said chapter twenty-one E or chapter ninety-four B, found during the inspection period that shall run for not more than six months from the date of signing said purchase and sale agreement.
SECTION 3. The city may by vote of the city council and with the approval of the mayor, or by vote of the commission established pursuant to section one, may delegate to the government land bank established by chapter two hundred and twelve of the acts of nineteen hundred and seventy-five the authority to act on its or their behalf in connection with the Project, whereupon said government land bank shall have and may exercise all of the powers which the city or the commission could have exercised directly in connection with the Project.
SECTION 3A. The division of capital planning and operations is hereby authorized to enter into a memorandum of agreement with the city pursuant to which said division shall exercise supervision over the Project; provided, however, that if said division and the city enter into such memorandum of agreement, the monies provided by the secretary of administration as financial assistance for the Project and the contribution from the city shall be received and administered by said division.
SECTION 4. To meet the expenditures necessary in carrying out the provisions of section one, the state treasurer shall, upon request of the secretary of administration, with the approval of the governor, issue and sell bonds of the commonwealth to an amount to be specified by the governor from time to time, but not exceeding in the aggregate, the sum of thirty-five million dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Massachusetts Museum of Contemporary Art Loan, Act of 1988, and shall be issued for such maximum term of years not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth.
Bonds and interest thereon issued under authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.
SECTION 5. The state treasurer may borrow from time to time on the credit of the commonwealth such sums of money as may be necessary for the purpose of meeting payments authorized by section one of this act and may issue and renew from time to time notes of the commonwealth therefor, bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth.
Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.
SECTION 6. This act shall take effect upon its passage.