AN ACT RELATIVE TO THE CONSTRUCTION AND FINANCING OF CONVENTION AND EXHIBITION CENTERS IN THE COMMONWEALTH.
Whereas , The deferred operation of this act would tend to defeat its purpose, which is to construct and finance forthwith convention and exhibition centers in 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. It is hereby found and declared that the development of convention and exhibition centers of sufficient size and having adequate facilities to attract and accommodate large national and international groups who wish to conduct conventions, exhibitions and other similar events within the commonwealth is beneficial to the economic development of the commonwealth and the general welfare of its citizens. Major conventions and conferences of such groups represent an important facet of the tourism industry for which there is an ever increasing market on both a national and an international scale. The lack of adequate convention and exhibition facilities within the commonwealth with the capacity to service major national and international conventions has impaired the commonwealth's ability to compete within that market and to develop this important aspect of our tourism industry. There is, however, satisfactory evidence that a substantial number of national and international conventions which cannot be accommodated by facilities currently available in the commonwealth could be induced to locate their activities within the commonwealth if a suitable convention and exhibition center is developed. It is further found and declared that by attracting nonresident visitors to the commonwealth through the development of a suitable convention and exhibition center, it is expected that substantial economic development will be stimulated in such tourism-related industries as transportation, hotels, restaurants, recreation, entertainment and retail sales establishments. Stimulation of these industries will in turn promote the overall economic development of the commonwealth and will provide new and enhanced employment opportunities for its citizens. In addition, the development of suitable convention and exhibition centers will further promote the economic health of the commonwealth by encouraging private investment and development. Thus, the development of convention and exhibition centers will increase the tax base, provide important, new employment opportunities and otherwise benefit the general welfare of the citizens of the commonwealth.
In order to obtain full occupancy and utilization of major convention and exhibition centers by national and international conventions, it is further found and determined that the most appropriate location for a convention and exhibition center is within the city of Boston. That location affords immediate access to the primary transportation facilities within the commonwealth which would be used by such national and international groups. The city of Boston and the communities within its immediate vicinity also have at present, and are expected to further develop in the immediate future, the necessary hotel and related service establishments with the capacity to accommodate major national and international conventions. Moreover, the greater Boston area is endowed with unique historical, recreational and entertainment attractions which should prove to be a valuable asset in attracting major national and international conventions to the commonwealth. In order to obtain full occupancy and utilization of a major convention and exhibition center by national and international conventions, such a convention and exhibition center shall contain approximately 600,000 square feet of contiguous exhibition space and related facilities.
It is further found and declared that the acquisition and financing by the city of Boston of a suitable site within that city for a convention and exhibition center is in furtherance of a public purpose and will provide an essential stimulus to the development of the facility and the economic health and development of the city and the community adjacent to the convention and exhibition center. To assure that those principally benefited by a convention and exhibition center bear most of its costs, it is also appropriate that costs incurred by the city of Boston to acquire the site of the facility be financed and paid to the fullest extent possible from room occupancy revenues to be received by the city from increased hotel activity stimulated by construction and operation of the convention and exhibition center.
It is hereby further found and declared that there exists in the cities of Springfield and Worcester the need for the construction, renovation and expansion and marketing of civic and convention centers for holding conventions, conferences, exhibitions, meetings, shows and other similar events.
It is further found and declared that development of a suitable convention and exhibition center in the city of Boston and the construction and renovation of facilities in the cities of Springfield and Worcester and the financing of the costs of construction thereof by the commonwealth and the expenditure of public funds for such purpose as provided in this act are in furtherance of a public purpose and in the best interests of the commonwealth. Nonresident visitors to the convention and exhibition center may be expected to take advantage of the many hotels, restaurants, entertainment establishments and stores within the commonwealth, which will in turn generate substantial, new revenues to the commonwealth through room occupancy, meals and sales taxes within the immediate area of the convention and exhibition center and elsewhere in the city of Boston and the communities within its general vicinity and within and surrounding the cities of Springfield and Worcester. The development of a new convention and exhibition center also warrants the imposition of a special convention and exhibition center financing fee on room occupancy in the cities of Boston, Cambridge, Springfield and Worcester in recognition of the special benefits to be derived within those communities by national and international groups using the new facilities. This substantial source of new revenue, which will be provided in large part by nonresident visitors to the commonwealth, will provide a means to assure that the costs of construction of new convention and exhibition centers will be financed and paid to the fullest extent possible without substantial resort to the existing general revenues of the commonwealth.
It is further found and declared that the prompt accomplishment of these public purposes requires the speedy completion of the Boston and Springfield convention center projects. The commonwealth wishes to avoid the substantial risk of construction delay and resulting additional costs caused by labor disharmony in connection with the construction of these projects. Therefore, the commonwealth, in its capacity as a market participant, has decided to require a project labor agreement, including a uniform grievance and arbitration procedure and an obligation not to strike, for construction work on these projects.
SECTION 1A. To provide for the construction and financing of convention and exhibition centers in the commonwealth, the sums set forth in this section and section 1B are hereby made available, subject to the provisions of law regulating the disbursements of public funds and the approval thereof.
EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE.
Executive Office.
- 1100-7981
-
For the Boston convention center project as defined in section 2; provided,
that amounts expended from
this item shall be for the commonwealth's share of the planning, financing,
development, construction and related costs of the project in accordance with
the provisions of section 11; provided, however, that the commonwealth's share
of said
project shall not exceed $537,200,000; provided, further, that an additional
$47,200,000 may be made available to meet the requirements of section 6;
provided, further, that up to $25,000,000 in cost sharing funds may be made
available from the amount authorized herein in the event that the costs of
site acquisition, remediation, gravel removal, relocation and demolition exceed
$205,000,000 pursuant to said section 6;
and provided, further, that the
funds authorized by this item shall be expended only in accordance with the
following conditions, pursuant to subsection (h) of section 5: (a) the
provisions of sections 26 to 27F, inclusive, and section 29 of
chapter 149 of the
General Laws shall apply to the contract between the Authority and the
construction manager and to all trade contracts for said project; and (b) all
construction employees employed in the construction of said project shall be
paid no less than the wage rate established for such work pursuant to a project
labor agreement with the appropriate labor organization or labor organizations,
which includes (1) a uniform grievance and arbitration procedure for the
resolution of work-related disputes on job sites; (2) mutually agreeable
uniform work rules and schedules for the project; and (3) an obligation for any
such labor organization and its constituent members not to strike with respect
to work on such project, provided that it shall not be a precondition
to the award of a contract that a bidder have previously entered into a
collective bargaining agreement with a labor organization, but only that the
bidder be willing to execute and comply with said project labor agreement for
the project if it is awarded a contract
- .........................................$609,400,000
- 1100-7982
-
For the expansion, renovation and construction
of a civic and convention center located on the site of the present Springfield
Civic Center in the city of Springfield; provided, that the funds authorized by
this item shall be expended only in accordance with the following
conditions: (a) the provisions of sections 26 to 27F, inclusive, and
section 29 of chapter 149 of the General Laws shall apply to all
trade contracts for said project; (b) all construction employees employed in
the construction of said project shall be paid no less than the wage rate
established for such work pursuant to a project labor agreement with the
appropriate labor organization or labor organizations, which includes (1) a
uniform grievance and arbitration procedure for the resolution of work-related
disputes on job sites; (2) mutually agreeable uniform work rules and schedules
for the project; and (3) an obligation for any such labor organization and its
constituent members not to strike with respect to work on such project;
provided, that it shall not be a precondition to the award of a contract that a
bidder have previously entered into a collective bargaining agreement with a
labor organization, but only that the bidder be willing to execute and
comply with said project labor agreement for the project if it is awarded a
contract; and (c) preference shall be given in hiring, to the best of the
awarding authority's ability, to Springfield residents, minorities and women in
accordance with a residents construction employment plan and
agreement for the project
- .........................................$48,500,000
- 1100-7983
-
For the construction of a convention center located in the city of
Worcester; provided, that the secretary of administration and finance shall
make the funds authorized by this item available as provided in section 21
- .........................................$19,000,000
SECTION 1B.
EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE.
Executive Office.
- 1100-7984
-
For the construction, continued expansion and development of the
basketball hall of fame and the adjacent riverfront area in the city of
Springfield for the purposes of tourism promotion and economic development
pursuant to section 18
- .........................................$25,000,000
- 1100-7985
-
For a regional grant program to fund construction, improvement and renovations
at various civic,
convention and exhibition halls; provided, that not less than $30,000,000 be
expended in the southeastern area of the commonwealth, including $5,000,000 for
local tourism and economic initiatives to be administered by the regional
tourism councils and not more than $25,000,000 for one or more regional tourism
or economic development projects, including, but not limited to, one or more
regional educational and cultural conference centers with multipurpose function
space, offices, kitchen facilities, conference and seminar facilities and
associated equipment and furnishings; provided further, that all expenditures
for said local and tourism economic initiatives and for said regional tourism
and economic development projects including, but not limited to, development
and construction shall be made only after a detailed feasibility study and
comprehensive marketing plan has been completed by the executive office for
administration and finance that would target regional initiatives supporting
tourism and economic development in the southeastern area of the commonwealth
and after a written report of said study has been filed with the house and
senate committees on ways and means; provided further, that not more than
$250,000 of said $25,000,000 shall be expended for said regional feasibility
study and marketing plan; provided further, that said executive office shall
report the results of said study and plan by filing the same with the joint
committee on state administration on or before October 31, 1998; provided
further, that $5,000,000 shall be expended for establishing, designing and
constructing a regional conference facility in Greater New Bedford, said
regional conference center to be located at an appropriate waterfront site or
the University of Massachusetts Dartmouth campus and to include multipurpose function space, offices, kitchen facilities, conference and seminar
facilities, and associated equipment and furnishings and for the start-up costs associated with the alliance of the Center of Marine Science and
Technology at the University of Massachusetts at Dartmouth and the Science,
Education, and Economic Development, the SEED center, at the New Bedford
Aquarium site or an appropriate site to be determined including, but not
limited to, costs of office space and laboratories; and provided further,
that an outline of the proposed spending plan shall be submitted to the house
and senate committees on ways and means prior to any money being
expended on said SEED center; provided further, that $10,000,000 be expended
for the renovation and improvement of the Wallace Civic Center in the
city of Fitchburg and that up to $10,000,000 shall be
expended for establishing, designing and constructing a regional conference and
convention facility in the greater Haverhill area, but no expenditure shall be
made on either said project until for said project a detailed feasibility study
and comprehensive marketing plan has been completed by the executive office for
administration and finance and a written report of said study has been filed
with the house and senate committees on ways and means; provided
further, that not less than $2,500,000 shall be expended for the Colonial
Theater renovation project, so called, in the city of Pittsfield; and
provided further, that not more than
$1,000,000 be expended for additional studies to be conducted by the executive
office for administration and finance including, but not limited to, the
feasibility of allowing the following proposed projects: a Greater Lawrence
Recreational and Cultural Center, a Cape Cod Convention Center, and a North
Shore Convention Center; and provided further, that $233,000 shall be expended
for predevelopment activities associated with the Volleyball Hall of
Fame located in the city of Holyoke
- .........................................$60,000,000
SECTION 2. As used in this act, the following words shall have the following meanings, unless the context clearly indicates another or different meaning:
"Authority", the Massachusetts Convention Center Authority, established under section 33 of chapter 190 of the acts of 1982 or, if said Authority shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this act to said Authority shall be given by law.
"City", the city of Boston.
"Convention center development area", the area within the city of Boston bounded and described as follows: beginning at the intersection of the eastern boundary of the South Boston Bypass Road, and the southern boundary of Summer Street, thence easterly along the southern boundary of Summer Street to the intersection of the western boundary of D Street, then southerly along the western boundary of D Street to the centerline of Cypher Street, then westerly along the centerline of Cypher Street with a line extended to the eastern boundary of the South Boston Bypass Road, and then northerly along the eastern boundary of the South Boston Bypass Road to the point of beginning.
"Convention Center Finance District", the area within the city of Boston bounded and described as follows: beginning at the intersection of the centerline of Atlantic Avenue and Northern Avenue, thence easterly following the centerline of Northern Avenue to the US Pier and Bulkhead line on the east side of Fort Point Channel, then northerly and easterly along the US Pier and Bulkhead line to the intersection with a line extended from the centerline of Dry Dock Number Four in the Marine Industrial Park, then southerly along that line to the intersection with the southern boundary of Northern Avenue, then easterly along the southern boundary of Northern Avenue to its intersection with the western property line of the Marine Industrial Park, then southerly along said property line to the intersection with the centerline of Summer Street, then easterly along the centerline of Summer Street to its intersection with the centerline of Pappas Way, then southerly along the centerline of Pappas Way to its intersection with the centerline of East First Street, then southwesterly along the centerline of East First Street to the intersection with the centerline of West First Street, then westerly along the centerline of West First Street to its intersection with the centerline of B Street, then westerly to the centerline of West First Street as it is connected to A Street, then along the centerline of West First Street to the intersection with the centerline of A Street, then northerly along the centerline of A Street to its intersection with the centerline of Mt. Washington Avenue, then westerly along the centerline of Mt. Washington Avenue to the point where that centerline, as extended, meets the eastern shoreline of Fort Point Channel, then southerly and westerly along the eastern shoreline of Fort Point Channel to the centerline of the Dorchester Avenue Bridge, then from that point northerly to the intersection of the centerlines of Kneeland Street and Atlantic Avenue and then northerly along the centerline of Atlantic Avenue to the point of beginning.
"Convention Center Fund", the Boston Convention and Exhibition Center Fund, established by section 10.
"Convention center development plan", the plan described in section 4.
"Cost", as applied to the project and the site thereof, all costs, whenever incurred, of acquiring such site and of acquiring, developing, constructing, improving, furnishing, equipping, finishing and carrying out the project thereon and placing the same in operation, including without limiting the generality of the foregoing, the cost of all lands, property, rights, easements and interests acquired within the convention center development area pursuant to this act and all labor, materials, machinery and equipment necessary to carry out the project and place the same in operation, financing charges, interest prior to and during construction and for a period not exceeding two years after completion of construction, the cost of environmental investigation, analyses and remediation, the cost of demolition and removal of any buildings or structures on lands acquired and removal or relocation of any public utilities and other facilities, relocation payments as defined in, and any other costs of relocation assistance required under chapter 79A of the General Laws and this act, the costs of architectural, engineering and legal services, plans, including without limitation the convention center development plan provided in section 4, specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to determining the feasibility or practicability of the project, administrative, marketing and promotion expenses, reserves for debt service, and other capital and current expenses and such other expense as may be necessary or incident to the construction or acquisition of the project and the site thereof, the financing thereof and the issuance of bonds or notes by the commonwealth or the Authority and the city under the provisions of this act and placing the project in operation.
"Pledged funds", shall have the meaning given such term in section 11.
"Project", the planning, design, acquisition, development, construction, expansion, rehabilitation, improvement, furnishing, equipping and finishing or any combination of the foregoing, and the operation, promotion and maintenance, of a convention and exhibition center within the convention center development area containing approximately 600,000 square feet of contiguous exhibition space, and attendant meeting rooms, lecture rooms, ballrooms and related common areas for public circulation service and support, of a scale and scope generally consistent with the facility described in the project report, together with all necessary and related furnishings, furniture, machinery, equipment, facilities, approaches, driveways, walkways, parking facilities, roadways, public transportation, statuary, fountains, planting and landscaping, and including without limitation the acquisition within the convention center development area of lands or other property, or rights, easements, and interests acquired for or in respect of any such lands or property, as a site for such facility, the demolition or removal of any buildings or structures on lands so acquired or in or with respect to which interests are so acquired, relocation payments and other assistance therefor, and site preparation and environmental remediation. Whenever appropriate, the term shall also mean such lands, buildings or structures and such appurtenances. The term shall include land within the convention center development area adjacent to the convention and exhibition center and surplus to its immediate needs for use as expansion space, together with any preliminary planning and design work related thereto.
"Project report", the final report on the Boston convention and exhibition center delivered on March 25, 1997, to the predevelopment committee for the project consisting of the governor, the mayor, the speaker of the house of representatives and the president of the senate or their designees.
"Redevelopment authority", the Boston Redevelopment Authority established pursuant to section 4 of chapter 121B of the General Laws and chapter 652 of the acts of 1960, or, if said redevelopment authority shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this act to said redevelopment authority shall be given by law.
"Room Occupancy Excise Fund", shall mean the City of Boston Room Occupancy Excise Fund established by section 8.
"Special receipts", shall have the meaning given such term in section 10.
SECTION 3. (a) Subject to section 13, the redevelopment authority is hereby authorized and directed to acquire all lands, properties, rights, air rights, sub-surface rights, easements and other interests within the convention center development area, and to convey the same in fee simple absolute for $1, to the Authority, as and for a site for the project as provided in this section. To carry out and effectuate the foregoing purposes, the redevelopment authority may take by eminent domain under chapter 79 or chapter 80A of the General Laws, or acquire by purchase, lease, gift, bequest, grant or otherwise from any party, public or private, and hold, clear, repair, operate and, after having taken or acquired the same, convey as provided in this act, any lands and other property, real or personal, improved or unimproved, tangible or intangible, and any interest therein, including, to the extent not inconsistent with federal law, railroad properties, constituting the whole or any part of the convention center development area, after a public hearing of which the land owners of record have been notified by certified mail and of which at least 20 days' notice has been given by publication in a newspaper having general circulation in the city; provided, however, that no such taking or acquisition shall be effected until 30 days after the redevelopment authority has notified the land owner of record by certified mail and has caused a notice of such determination to be published in a newspaper having general circulation in the city. The value of any lands or real property within the convention center development area acquired by the redevelopment authority by eminent domain shall be reduced by the costs necessary to remediate the environment of said site pursuant to subsection (d). To the extent not inconsistent with federal law, the taking or other acquisition by the redevelopment authority of railroad rights of way or related facilities within the boundaries of the convention center development area from any department, authority, agency or political subdivision of the commonwealth, from any railroad company, or from any other party, shall be exempt from the procedures, findings and requirements of section 7 of chapter 161C of the General Laws.
It is hereby declared that, for purposes of any constitutional entitlement to damages in the event of a taking, all properties and interests held within the convention center development area by the city, the Massachusetts Port Authority, the Boston water and sewer commission and the commonwealth, acting by and through the Massachusetts department of highways, or their successors and assigns, are being held by said city, authorities, commission and department, respectively, in a governmental and not a proprietary capacity and it is not the intent of this act to confer on the city or said authorities, commission or department any rights to damages for such taking. Any taking of property within the convention center development area held by the city or said authorities, commission or department shall be effective notwithstanding any inconsistent prior public use. The redevelopment authority shall make relocation payments to persons and businesses displaced as a result of carrying out the project and shall otherwise provide relocation assistance as provided in chapter 79A and chapter 121B of the General Laws.
To the extent not inconsistent with federal law, if there is a taking or other acquisition of railroad lines, rights of way, easements or related facilities from any party, any part of which lie within the boundaries of the convention center development area, the Authority is hereby authorized and directed to relocate such railroad lines; provided, further, that in no event shall rail service to the Marine Industrial Park be permanently discontinued.
(b) The redevelopment authority shall have all the powers necessary and convenient to carry out the purposes of this act. Without limiting the generality of the foregoing, the redevelopment authority may exercise within the convention center development area and with respect to the project and any property acquired in accordance with this section all powers, and shall have all immunities, consistent with this act, granted to operating agencies, including without limitation redevelopment agencies, as defined in chapter 121B of the General Laws or otherwise granted to the redevelopment authority under any general or special law.
(c) The redevelopment authority is hereby authorized and directed to prepare or cause to be prepared a report regarding the project jointly on behalf of itself and the Authority in accordance with section 62B of chapter 30 of the General Laws. Notwithstanding any general or special law to the contrary, the secretary of environmental affairs is hereby authorized and directed to require the redevelopment authority to prepare a final report without any prior draft thereof based on the submission of an expanded notification form by the redevelopment authority pursuant to section 62A of said chapter 30. Notwithstanding the provisions of sections 62 to 62H, inclusive, of said chapter 30, the Authority may commence and undertake research, planning, design and other work necessary for the project and may engage an owner's representative, architects and engineers and a construction manager therefor as provided in section 5 of this act, and the redevelopment authority may take all actions necessary or appropriate or required for acquisition of lands, air rights, sub-surface rights or other property interests within the convention center development area as provided in this section, prior to the publication of a final environmental impact report pursuant to this section and section 62C of said chapter 30; provided, however, that the redevelopment authority shall not record a notice of taking with respect to any lands or other property within the convention center development area by eminent domain as provided in this section until the secretary of environmental affairs has issued a notice of availability of a report submitted to the secretary in accordance with said section 62C which demonstrates to the satisfaction of said secretary that the project may be carried out with appropriate mitigation measures as may be necessary to minimize and prevent damage to the environment.
(d) The redevelopment authority and the Authority and the Massachusetts Port Authority shall be excluded from the definition of an owner or operator of the project and the convention center development area with respect to releases of hazardous materials that occur before the redevelopment authority acquires ownership of any portion of such site upon or from which such a release may occur as if the redevelopment authority were a city or town that has purchased or taken such land for the nonpayment of taxes, in accordance with paragraph (d) of the definition of "Owner" or "Operator" of section 2 of chapter 21E of the General Laws; provided, however, that the redevelopment authority complies with all of the requirements set forth in subparagraphs (2) and (3) of said paragraph (d), except that the redevelopment authority shall have no obligation to comply with clause (F) of subparagraph (3) of said subsection (d), other than to convey all lands, properties, rights, easements and other interests acquired by it within the convention center development area, to the Authority in accordance with subsection (e).
(e) The redevelopment authority shall convey to the Authority in fee simple absolute for $1 all of the lands, properties, rights, air rights, sub-surface rights, easements and other interests by it acquired within the convention center development area, pursuant to this section. Any lands and properties acquired or taken from the Massachusetts Port Authority which are not conveyed to the Authority shall be conveyed to said Massachusetts Port Authority in fee simple for $1 as full consideration therefor.
(f) All costs incurred by the redevelopment authority to acquire lands, air rights, sub-surface rights, and other property interests within the convention center development area as provided in this act and all other costs of the project incurred by the redevelopment authority under the provisions of this act, except as otherwise provided herein, shall be borne by the city as provided in section 6.
(g) Notwithstanding any contrary provision of this act, there shall be no construction and development of any hotel, lodging house or motel, by any party within the convention center finance district other than in the area north of Summer street and west of a continuous line running parallel to the western side of dry dock four or within the northeast corner of the convention center development area or west of the Fort Point channel.
SECTION 4. (a) Notwithstanding any provision of section 3 to the contrary, the redevelopment authority shall neither acquire any property within the convention center development area as provided in said section 3 nor institute any proceeding therefor under chapter 79 or chapter 80A of the General Laws prior to the approval of the project by the city council and the mayor, after not less than two public hearings, which shall be held in the area of the city most impacted by the project, and upon preparation and submission to the city council and the mayor by the redevelopment authority, upon consultation with the Authority, of a convention center development plan for the project.
(b) The convention center development plan may include and expand on the project report and shall (1) be consistent with the general plan for the city and any master plan for the area adjacent to the convention center development area and be consistent with any definite objectives respecting appropriate land uses, traffic, public transportation, public utilities, recreational, educational and community facilities and other public improvements; (2) be sufficiently complete to indicate the project boundaries, such land acquisition, demolition and removal of structures, and such redevelopment and general public improvements, as may be proposed to be carried out within the convention center development area and the areas adjacent thereto, and proposed land uses, maximum densities and building requirements, including preliminary project designs and a description of the project programs; (3) indicate or be accompanied by materials indicating the proposed method for relocation of persons and organizations to be displaced by the project; (4) describe the economic impacts of the project, including job creation, local business opportunities and related development; (5) indicate cost estimates of the project and a financing plan therefor, including an acquisition plan for the site thereof and identification of parcels to be acquired and the estimated cost thereof; (6) include proposals for neighborhood participation in the development of the project and the operation thereof, consistent with the goals as developed for the Enhanced Enterprise Community, so called, of the city of Boston; and (7) consider and describe measures to mitigate environmental and neighborhood impacts of the project and such other planning and urban design issues as the redevelopment authority, upon consultation with the Authority, shall determine are presented by the project.
(c) In connection with the preparation of the convention center development plan and the exercise by the redevelopment authority of its powers under this act, the redevelopment authority and its authorized agents and contractors, and the Authority, are hereby authorized, whenever the redevelopment authority or the Authority deems it necessary or convenient, to enter onto any properties within the convention center development area and the improvements thereon and to undertake appraisals, surveys, environmental analyses and investigations, including subsurface investigations, permitting analyses and investigations, and other investigations and analyses, for the purpose of determining the value and condition of such properties. The redevelopment authority or the Authority shall provide 20 days written notice by certified mail to the owners of properties within the convention center development area, as such owners are recorded in the office of the city assessor, prior to any such entry. Such entry, appraisals, surveys, analyses and investigations shall not be deemed a trespass, a taking by eminent domain or an entry under any eminent domain or condemnation proceedings. The redevelopment authority or the Authority shall make reimbursement for any actual injury or actual damage resulting to such properties and any improvements thereon from the entry, appraisals, surveys, analyses and investigations authorized hereunder, and the redevelopment authority or the Authority shall, as far as possible, restore such properties and the improvements thereon to their condition prior to such entry, appraisals, surveys, analyses and investigations. Without derogating from the foregoing, the redevelopment authority is hereby authorized to exercise the power of eminent domain as provided in clause (d) of section 11 of chapter 121B of the General Laws in order to temporarily obtain access to properties and the improvements thereon for the redevelopment authority and its agents and contractors or for the Authority for the purpose of conducting the appraisals, surveys, analyses and investigations authorized by this act. If the redevelopment authority or the Authority restores the properties and improvements as required hereunder, the damages for the temporary taking hereby authorized shall be nominal in the absence of extraordinary circumstances unique to particular properties.
(d) There is hereby established a buffer zone, so called, as defined in the project report, which shall include the BCEC Buffer Zone, so called, and the BCEC Landscape Buffer Zone, so called.
(e) Notwithstanding any provision of this act to the contrary, in the convention center development area there shall not be any development of air rights exceeding 200 feet in height.
(f) Notwithstanding any provision of section 3 to the contrary, the redevelopment authority shall neither acquire, relocate, terminate or adjust any rail line or railroad easement within the convention center development area as provided in said section 3, nor institute any proceeding therefor under chapter 79 or chapter 80A of the General Laws prior to giving 30 days written notice to the joint committee on transportation upon submission and approval of a convention center development plan for the project.
(g) (i) As used in this subsection, the following terms shall, unless otherwise required, have the following meanings:
The South Boston Community Development Foundation or foundation shall consist of a committee of nine members: three members appointed by the governor who shall be business owners from the locally impacted neighborhood; three members appointed by the mayor who shall be representatives of local social service agencies; the senator from the first Suffolk district or his designee, who shall be a non-voting member; the representative from the fourth Suffolk district or his designee, who shall be a non-voting member; and the Boston city councilor from District two or his designee; all of whom, with the exception of the elected officials, shall be residents of South Boston and shall serve a two year term which may be extended by reappointment.
The Community Development Fund shall consist of monies held in a Massachusetts Charitable Trust, to be placed in a money market interest-bearing account to be administered by the South Boston Community Development Foundation.
(ii) Notwithstanding the prohibition against gate shows in subsection (d) of section 15, in consideration of the project's impact, the Authority shall allow the South Boston Community Development Foundation to sponsor no less than three charitable events annually at the Boston Convention and Exhibition Center, and shall include access to on site parking facilities. Said events shall be scheduled mutually by the Authority and the foundation so as not to conflict or interfere with the regular operation of the Boston convention and exhibition center. Said community events shall not compete with the Boston exhibition and convention center and shall not solicit any event previously hosted by the Hynes convention center, the World Trade Center or the Bayside Exhibition Center in the ten year period before the effective date of this act, without the consent of the affected facility. Said events shall be sponsored by the foundation for the purposes set forth in this subsection; provided, further, that the net proceeds of said events shall not be used for any purpose other than those described in this subsection. The Authority shall deposit said proceeds, including, but not limited to, on site parking fees in the Community Development Fund.
(iii) The South Boston Community Development Fund shall consist of the net proceeds and fees generated by the three charitable events described in paragraph (ii) in addition to any other contributions that may be deposited in said fund from time to time.
(iv) The South Boston Community Development Foundation shall dispense funds, from time to time, from the Community Development Fund for the benefit of the South Boston residential, charitable and business communities which may be adversely impacted by the project.
(v) The foundation shall file a detailed report of its income and expenditures, on or before October 1 of each year, with the secretary of administration and finance and the house and senate committees on ways and means.
SECTION 5. (a) Subject to section 13, the Authority is hereby authorized and directed to acquire from the redevelopment authority by conveyance as provided in section 3, all lands, properties, rights, air rights, sub-surface rights, easements and other interests within the convention center development area, and to acquire, develop, lease, construct, improve, furnish, equip, finish and otherwise carry out the project thereon, and to own, operate, lease, sub-lease, license, promote, maintain, improve and rehabilitate the same, either directly or indirectly in whole or in part through agents, lessees, contractors, concessionaires or others, subject to the provisions of this act. No person shall be precluded by chapter 7 or chapter 268A of the General Laws from participating by contract or otherwise in the activities of the commonwealth, the authority, the city or the redevelopment authority with regard to the planning, acquisition, construction and operation of the project solely by reason of a financial interest, direct or indirect, in any contract or extension thereof for services with respect to the project report or otherwise with respect to the development of the project executed by such person with the commonwealth, the authority, the city or the redevelopment authority prior to the effective date of this act. For purposes of the foregoing, the Authority shall have all of the powers granted to it by general or special law not inconsistent with this act, including without limitation all powers, and all immunities, provided under sections 35 to 37, inclusive, of chapter 190 of the acts of 1982. Compliance by the Authority and the redevelopment authority with the provisions of this act shall be conclusively deemed to satisfy the requirements of paragraph (n) of section 35 and section 38N and section 44A of said chapter 190. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the commissioner of public safety or his designee in the division of inspection of the department of public safety shall be solely responsible for inspection, enforcement, permitting and licensure of the project authorized or required by chapter 143 of the General Laws or section 21 of chapter 40 of the General Laws and regulations referred to therein or adopted pursuant thereto. The project also shall be exempt from compliance with the city's zoning code and any regulations promulgated thereunder. The redevelopment authority and the Authority shall, however, subject the project to large project review as set forth in section 80B-3, subsections 1-5 of the city's zoning code and the lease or other disposition agreement between the redevelopment authority and the Authority authorized hereby shall provide for review and approval by the redevelopment authority of urban design plans, schematic design plans and design development plans.
(b) If the Authority, by a majority vote of its members, approves utilizing the alternative methods for the procurement of design and construction services as provided in subsections (d), (e), (f), (g) and (h), then the procedures set forth in said subsections (d), (e), (f), (g) and (h) shall take effect; provided, however, that the provisions set forth in the last sentence of said subsection (h), and the provisions relating to construction employees including the project labor agreement in said subsection (h), shall apply to the project regardless of the method utilized for procuring construction contracts, and the provisions of sections 38A> to 38 O, inclusive, of chapter 7 of the General Laws, the provisions of sections 44A to 44M, inclusive, of chapter 149 of the General Laws, the provisions of section 39M of chapter 30 of the General Laws, and any other general or special law or regulation providing for the advertising, bidding or awarding of contracts for planning, design, construction or improvements to real property shall not apply to contracts entered into in connection with implementation of the project. The Authority is hereby authorized, subject to the further provisions of this act, to utilize alternative methods for the procurement of design and construction services for the project including, but not limited to, construction management, design-build, so called, and fast-tracked or phased construction. Except as otherwise provided in this act, the procedures to be followed and the terms and conditions of such alternative methods shall be determined by the Authority upon consultation with the commissioner of capital planning and operations and the inspector general; provided, however, that the division of capital planning and operations shall otherwise have no jurisdiction over the project. The inspector general shall comment in writing on such alternative method and not less than 30 days before the Authority begins the procurement of design or construction services for the project pursuant to such alternative measures, the Authority shall have received the written comments of said inspector general and such comments shall have been submitted to the joint committee on state administration and the house and senate committees on ways and means of the general court.
(c) The designer selection board of the Authority shall promulgate procedures consistent with the procedures contained in subsection (b) for the selection of architects and design professionals for the project; provided, however, that said procedures shall also be consistent with Executive Order 390 of 1996. Said procedures shall be approved by the Authority and the designer selection board of the executive office for administration and finance.
(d) As soon as practicable after the effective date of this act, the Authority shall retain the services of an owner's representative, who will serve as the Authority's agent and consultant during the planning, design and construction of the project. The owner's representative's services shall include, but need not be limited to, monitoring the planning and programming and providing advice and consultation with respect to design, value engineering, cost estimating, scheduling, construction and the selection, negotiation with, and oversight of, a designer and a construction manager for the project. The owner's representative shall be selected pursuant to a publicly advertised request for qualifications, which shall include, among other things, the entity's experience with the design and construction of similarly large and complicated buildings, past performance on prior projects and such other factors as the Authority deems appropriate.
(e) There is hereby established a technical advisory board consisting of 11 members, one of whom shall be the director of the redevelopment authority or his designee, one of whom shall be a resident of the South Boston section of the city of Boston appointed by the mayor, one of whom shall be the secretary of administration and finance or his designee, one of whom shall be a person appointed by said secretary of administration and finance, one of whom shall be the executive director of the Authority or his designee, one of whom shall be the owner's representative retained pursuant to the provisions of subsection (d) or his designee, one of whom shall be a representative of the Boston Building and Trades Council appointed by the Authority, one of whom shall be a representative of the Association of General Contractors appointed by the Authority, one of whom shall be a representative of the Associated Subcontractors of Massachusetts, Inc. appointed by the Authority, one of whom shall be a representative of the Boston Chapter of the National Association of Minority Contractors, appointed by the Authority and one of whom shall be a representative of the Women in the Building Trades appointed by the Authority.
(f) A construction manager for the project shall be selected and awarded a contract for construction management services pursuant to competitive negotiations in accordance with procedures adopted by the Authority upon consultation with the commissioner of capital planning and operations and the inspector general. Such procedures shall be approved by vote of the Authority. Such procedures shall, at a minimum, provide for the following: (i) a publicly advertised request for qualifications shall be issued by the Authority in consultation with the technical advisory board; (ii) the technical advisory board shall determine based upon the responses to the request for qualifications which respondents are most qualified to perform the contract; (iii) a request for proposal, including all factors as the Authority in consultation with the technical advisory board determines are appropriate, shall be issued to each respondent determined by the technical advisory board to be most qualified to perform the contract; (iv) the technical advisory board shall evaluate the responses to the request for proposal including any guaranteed maximum price and fee proposals and shall rank the offerors based upon that evaluation; (v) the Authority shall engage in negotiations with the offeror ranked highest by the technical advisory board; (vi) the contract shall be awarded to the offeror that represents the best value to the Authority, after consideration of the guaranteed maximum price fee proposal and other factors; (vii) to the extent that a contract cannot be successfully negotiated with the offeror ranked highest by the technical advisory board, the Authority shall engage in negotiations with the next highest ranked offerors until such time as a contract can be successfully negotiated.
(g) The Authority's contract with the construction manager for the project shall require a guaranteed maximum price, which shall represent the maximum amount to be paid by the Authority for construction of the project, including the fee payable to the construction manager. The Authority's contract with the construction manager shall provide that the construction manager shall have responsibility to ensure compliance with the provisions of Executive Order 390 of 1996. Following the award of the contract to the construction manager, at such time as the Authority, in consultation with the designer and owner's representative, and the construction manager shall agree, the construction manager shall submit a proposed guaranteed maximum price. The Authority, in consultation with the owner's representative, shall analyze the proposed guaranteed maximum price and enter into negotiations with the construction manager to agree upon a guaranteed maximum price for the project. Such agreement shall be subject to approval by the Authority, including the affirmative votes of the secretary for administration and finance or his designee and the collector-treasurer of the city or his designee. At least 14 days prior to any meeting of the Authority at which a vote to approve a guaranteed maximum price for the project is to be held, notice shall be given to the public of the date, time and subject matter of the meeting by publication in a newspaper of general circulation in the city. At least five days prior to said meeting, a summary of the action proposed to be taken at the meeting shall be made available to the public by making copies thereof available at the offices of the Authority, the city clerk and the secretary of administration and finance. In the event that a guaranteed maximum price cannot be agreed upon between the Authority and the construction manager, the Authority shall engage another construction manager in accordance with the provisions of this section; provided, however, that if the Authority determines that it is in its best interests to do so, it may enter into negotiations for a contract with one or more of the firms that previously submitted a response to the request for proposals for a construction manager.
(h) Except as otherwise agreed to between the Authority and the construction manager, all contracts for the provision of labor, material and equipment in connection with the construction of the project, hereinafter referred to as trade contracts, shall be entered into by and between the construction manager and the trade contractor; provided, however, that the purchase of tangible personal property and services for the project by the construction manager and by trade contractors shall be exempt from the excise imposed by chapter 64H of the General Laws. A publicly advertised request for qualifications shall be issued for each trade contract. The construction manager, in consultation with the Authority, shall determine based upon the responses to the request for qualifications which respondents are most qualified to perform the contract. The Authority shall appoint an independent prequalification committee consisting of two general contractors, two trade contractors, an architect and an engineer, all of whom have had active roles in the construction of large buildings, to prequalify the trade contractors in each trade in consultation with the construction managers and the Authority. The prequalification committee in consultation with the construction manager and the Authority shall determine, based on the response to the request for qualifications and investigations made, the respondents who are qualified to perform each contract. Those respondents determined to be most qualified by the prequalification committee in consultation with the construction manager and the Authority shall be invited to submit bids and the trade contract shall be awarded to the lowest responsive bidder; provided, however, that a trade contract may be awarded to other than the lowest responsive bidder with the approval of the Authority upon written justification by the construction manager describing in detail why such award is in the best interests of the Authority. In no event shall the award of a trade contract to other than the lowest responsive bidder upon the recommendation of the construction manager affect the guaranteed maximum price. The Authority shall have the right to reject any bidder for a trade contract upon written justification describing in detail why such action is in the best interests of the Authority; provided, however, that if the Authority rejects the lowest responsive bidder for a trade contract, the guaranteed maximum price shall be increased by the difference between the price offered by the rejected bidder and the trade contract awarded. The provisions of sections 26 to 27F, inclusive, and section 29 of chapter 149 of the General Laws shall apply to the contract between the Authority and the construction manager and all trade contracts awarded pursuant to this section. In undertaking the project: (1) all construction employees employed in the construction of the project shall be paid no less than the wage rate established for such work pursuant to a project labor agreement with the appropriate labor organization or labor organizations, which includes (i) a uniform grievance and arbitration procedure for the resolution of work-related disputes on job sites, (ii) mutually agreeable uniform work rules and schedules for the project, and (iii) an obligation for any labor organization and its constituent members contracted to work on the project not to strike with respect to work on such project; provided, that it shall not be a precondition to the award of a contract that a bidder have previously entered into a collective bargaining agreement with a labor organization, but only that the bidder be willing to execute and comply with said project labor agreement for the project if it is awarded a contract; (2) all steps legally allowed shall be taken in hiring Boston residents in accordance with the provisions of the hiring goals as contained in the Boston Jobs for Boston Residents policy, so called, city of Boston code: ordinances, section 12-10; and (3) the Authority shall comply with the city of Boston's policy and standards relative to contracting with minority and women-owned business enterprises, pursuant to the city of Boston code: ordinances, section 4-4.
The contract between the Authority and the construction manager shall contain the following provisions: Within 15 days after receipt from the construction manager, at the place designated by the Authority if such a place is so designated, of a periodic estimate requesting payment of the amount due for the preceding month, the Authority will make a periodic payment to the construction manager for the work performed during the preceding month and for the materials not incorporated in the work but delivered and suitably stored at the site, or at some location agreed upon in writing, to which the construction manager has title or to which a trade contractor has title and has authorized the construction manager to transfer title to the Authority, less (1) a retention based on its estimate of the fair value of its claims against the contractor and less (2) a retention not exceeding 5 per cent of the approved amount of the periodic payment. After the receipt of a periodic estimate requesting final payment and within 65 days after (a) the construction manager fully completes the work or substantially completes the work so that the value of the work remaining to be done is, in the estimate of the authority, less than 1 per cent of the original contract price, or (b) the construction manager substantially completes the work and the Authority takes possession for occupancy, whichever occurs first, the Authority shall pay the contractor the entire balance due on the contract less a retention based on its estimate of the fair value of its claims against the contractor and of the cost of completing the incomplete and unsatisfactory items of work. If the Authority fails to make payment as herein provided there shall be added to each such payment daily interest at the rate of 3 per cent above the rediscount rate then charged by the Federal Reserve Bank of Boston commencing on the first day after said payment is due and continuing until the payment is delivered or mailed to the construction manager; provided, however, that no interest shall be due, in any event, on the amount due on a periodic estimate for final payment until 15 days after receipt of such a periodic estimate from the construction manager at the place designated by the Authority if such a place is so designated. The construction manager agrees to pay to each trade contractor a portion of any such interest paid in accordance with the amount due each trade contractor.
The Authority may make changes in any periodic estimate submitted by the construction manager and the payment due on said periodic estimate shall be computed in accordance with the changes so made, but such changes or any requirement for a corrected periodic estimate shall not affect the due date for the periodic payment or the date for the commencement of interest charges on the amount of the periodic payment computed in accordance with the change made, as provided herein; provided, however, that the Authority may, within seven days after receipt, return to the construction manager for correction, any periodic estimate which is not in the required form or which contains computations not arithmetically correct and, in that event, the date of receipt of such periodic estimate shall be the date of receipt of the corrected periodic estimate in proper form and with arithmetically correct computations. The date of receipt of a periodic estimate received on a Saturday shall be the first working day thereafter.
All periodic estimates shall be submitted to the Authority, or to its designee as set forth in writing, by the construction manager, and the date of receipt by the Authority or its designee shall be marked on the estimate. All periodic estimates shall contain a separate item for each subtrade as required by specifications and a column listing the amount paid to each trade contractor as of the date the periodic estimate is filed. The person making payment for the Authority shall add the daily interest provided for herein to each payment for each day beyond the due date based on the date of receipt marked on the estimate.
A certificate of the architect to the effect that the construction manager has fully or substantially completed the work shall be conclusive for the purposes of this section.
The contract between the Authority and the construction manager and the contracts between the construction manager and the trade contractors shall contain the following provisions: Forthwith, which for the purposes of this paragraph means within five days after the construction manager receives payment on account of a periodic estimate, the construction manager shall pay to each trade contractor the amount paid for the labor performed and the materials furnished by that trade contractor, less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the trade contractor by the construction manager.
After each trade contractor substantially completes his work in accordance with the plans and specifications, the entire balance due under the subcontract less amounts retained by the Authority as the estimated cost of completing the incomplete and unsatisfactory items of work, shall be due the trade contractor, and the construction manager shall submit a periodic estimate for such payment to the Authority and the Authority shall act on such estimate and make payment to the construction manager of sums due not later than 65 days after receipt of such periodic estimate requesting payment. The construction manager shall forthwith, which for the purposes of this paragraph means within five days, pay to the trade contractor the full amount received from the Authority less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the trade contractor to the construction manager.
Each payment made by the Authority to the construction manager pursuant to this subsection for the labor performed and the materials furnished by a trade contractor shall be made to the construction manager for the account of that trade contractor and the Authority shall take reasonable steps to compel the construction manager to make each such payment to each such trade contractor. Failure of the construction manager to make payments due to a trade contractor in accordance with the provisions of this section shall constitute a default of the construction manager's contract with the Authority.
(i) Notwithstanding any provision of this act or any other general or special law to the contrary, the redevelopment authority, upon request and direction of the Authority, may make direct expenditures for any cost of the project not otherwise the expense of the redevelopment authority hereunder, subject to reimbursement therefor from the Authority or the commonwealth as provided in this act. Any such expenditure made by the redevelopment authority at the request of the secretary of administration and finance prior to the effective date of this act is hereby ratified and confirmed.
(j) Notwithstanding any general or special law to the contrary, in staffing the Boston convention and exhibition center authorized by this act, the Authority shall take all necessary and legally allowed steps to hire the work force for said convention and exhibition center according to the hiring goals of the Enhanced Enterprise Community, so called, of the city of Boston.
(k) The Authority, in negotiating and entering into contracts to support the daily operations of the Boston convention and exhibition center authorized by this act, shall comply with the provisions of Executive Order 390 of 1996. In meeting the requirement of this paragraph, the Authority shall consult with the executive director of minority business enterprise in the executive office for administration and finance.
(l) The Authority shall prepare quarterly reports which shall include, but not be limited to: (i) the total dollars expended on the project to date, (ii) the number of contracts entered into to date; (iii) the number of contracts entered into with minority businesses; (iv) the number of contracts entered into with women-owned businesses; (v) the dollar value of contracts entered into with minority businesses; (vi) the dollar value of contracts entered into with women-owned businesses; (vii) the total number of employees working on the project; (viii) the total number of employees working on the project, broken down by race, ethnicity and gender; and (ix) the total number of Boston residents working on the project. Said quarterly reports shall be submitted to the secretary of the executive office for administration and finance, the house ways and means committee, the senate ways and means committee, the clerk of the house, the clerk of the senate, and the house committee on long term debt and capital expenditures.
SECTION 6. (a) Subject to section 13, the city of Boston shall raise and appropriate, or may borrow as provided in section 7, and shall agree with the redevelopment authority to raise and appropriate or borrow, in aid of the redevelopment authority, such sums as may be necessary to defray the costs of all lands, property, rights, air rights, sub-surface rights, easements and interests acquired by the redevelopment authority as provided in section 3 and for making relocation payments as provided therein and in chapter 79A of the General Laws and the costs of remediation, gravel removal, relocation and demolition of structures, lands or property to provide a ready to build site and for paying any other costs of the project incurred by the redevelopment authority as provided in section 3, 4 or 5; provided, however, that the city shall raise and appropriate not less than $157,800,000 unless said costs incurred by the redevelopment authority are less than said amount. To the extent the costs incurred by the redevelopment authority as aforesaid exceed the amount available therefor from the city, the commonwealth shall provide up to $47,200,000 for such excess costs. To the extent that the costs of all lands, property, rights, easements and interests and the costs of remediation, gravel removal, relocation and demolition necessary to provide a ready to build site exceed $205,000,000, the city and the commonwealth shall share equally in the payment of such excess up to a maximum of $50,000,000. Prior to the city issuing temporary or permanent debt to finance site acquisition costs, the city shall be authorized to increase the excise authorized by section 3A of chapter 64G of the General Laws up to the rate of 4.5 per cent.
(b) The city of Boston shall solely bear the financial burden associated with any incentives necessary including, but not limited to, tax abatements, tax rebates, tax increment financing, equity participation, parking structure and other infrastructure not specifically mentioned in the provisions of this act, credit enhancement of financing, rebate of development fees for licensing, permitting, reduced ground rent, Community Development Finance Authority hereinafter referred to as CDFA grants or Community Development Block Grants hereinafter referred to as CDBG, land assemblage, land leases and tax abatements and tax rebates that are required to promote and to achieve an adequate number of hotel rooms to support the specified projects.
SECTION 7. (a) Subject to section 13, to meet the expenditures of the city provided in section 6, the city is hereby authorized to borrow, at one time or from time to time, a sum in the aggregate not exceeding $157,800,000 and may issue and sell bonds, notes and other evidences of indebtedness of the city therefor as provided herein and in chapter 643 of the acts of 1983; provided, however, that the city is hereby further authorized to borrow an additional sum in the aggregate not exceeding $25,000,000, as needed by the city to pay excess costs pursuant to the provisions of section 6.
(b) Subject to section 16 of chapter 44 of the General Laws and chapter 643 of the acts of 1983, bonds and notes issued by the city under authority of this act shall bear on their face the words, City of Boston Convention Center Loan, Act of 1997. Each issue shall constitute a separate loan and, except as provided in said chapter 643, such loans shall be payable in not more than 25 years from their dates. Debt incurred by the city under authority of this act shall not be included in determining the limit of indebtedness of the city as established by law, but shall, except as provided herein or in said chapter 643, be subject to the provisions of chapter 44 of the General Laws. Notwithstanding the provisions of section 4 or section 8 of said chapter 643 to the contrary, the maturity date of notes issued by the city in anticipation of the receipt of the proceeds of bonds authorized by this section shall not exceed five years from the date of issue of such notes provided that notes issued for less than five years may be refunded by the issue of other notes maturing no later than five years from the date of issue of the original loan.
SECTION 8. (a) On or before the first date of issuance by the city of any bonds, notes or other indebtedness pursuant to section 7, but in any event no later than July 1, 1998 the collector-treasurer of the city shall set up on the books of the city, or shall otherwise establish pursuant to the trust or other security agreement, if any, securing any indebtedness incurred under authority of said section 7, a separate fund entitled the City of Boston Room Occupancy Excise Fund hereinafter referred to as the Room Occupancy Excise Fund. Such fund shall be maintained as provided in this act by the collector-treasurer or, with the approval of the mayor, by a corporate trustee under such trust or security agreement.
(b) Notwithstanding any provisions of chapter 64G of the General Laws to the contrary, on and after the date of establishment of the Room Occupancy Excise Fund as provided in subsection (a), all sums received by the city from or on account of the excise imposed under section 3A of said chapter 64G and from or on account of the sale of hackney licenses as provided in section 20 and from or on account of receipts from the surcharge on vehicular rental transaction contracts imposed pursuant to subsection (e) of section 9 and all sums distributed to the city from the convention center fund pursuant to section 10 shall be deposited in said Room Occupancy Excise Fund. Except as otherwise provided in this section, all amounts so deposited shall be used solely to pay the cost of administration and collection of said excise and of issuance and sale of said licenses, under such supplementary appropriation orders as the mayor may submit and the city council shall approve in accordance with the city charter, and to pay or provide for, without further appropriation, the principal of and premium and interest on all bonds, notes or other evidences of indebtedness issued under authority of section 7 including the establishment and maintenance of such reserves therefor as may be provided for in any trust or other security agreement securing the same and the costs of administration of such trust or other security agreement. Subject to the provisions of any such trust or other security agreement, any amount deposited in the room occupancy excise fund in any fiscal year which is determined by the collector-treasurer to be not required for the foregoing purposes of the fund may be withdrawn therefrom and deposited in the general fund of the city.
(c) In accordance with section 9 of chapter 643 of the acts of 1983, any trust or security agreement directly or indirectly securing indebtedness of the city incurred under authority of section 7 may, in addition to other security provided by law, pledge or assign, and create a security interest in, all or any part of the amounts deposited and held from time to time in the Room Occupancy Excise Fund. Amounts deposited and held in the room occupancy excise fund shall be deemed to be facility revenues within the meaning of said chapter 643 and the project shall be deemed to be a revenue producing facility for all purposes thereof.
(d) In order to increase the marketability of bonds and notes of the city issued under authority of this act, and in consideration of the acceptance of payment for any such bonds and notes, the commonwealth covenants with the purchasers and all subsequent holders and transferees of any such bonds and notes that until all such indebtedness, including all indebtedness issued to refund such indebtedness, and the interest thereon, shall be paid or, if earlier, shall be deemed to have been paid within the meaning of any trust or other security agreement securing the same, the rate of the excise imposed within the city under section 3A of chapter 64G of the General Laws and the rate of the surcharges imposed pursuant to section 9 shall not be reduced below the amount in effect at the time of issue of any such indebtedness.
(e) The Room Occupancy Excise Fund shall be dissolved on December 31, 1999, if no indebtedness of the city issued under the authority of section 7 shall then be outstanding, or otherwise when all such indebtedness, including any indebtedness issued to refund any such indebtedness, and the interest thereon, shall be paid or, if earlier, shall be deemed to have been paid within the meaning of any trust or other security agreement securing the same. Any balance remaining in said Room Occupancy Excise Fund on such date of dissolution shall be deposited in the General Fund of the city. All sums imposed or received pursuant to subsection (a) or (b) shall remain in effect after the dissolution of said Room Occupancy Excise Fund and shall be deposited in the general fund of the city.
SECTION 9. (a) In order to provide for a portion of the costs of the project and the payment of the principal of and interest on special obligation bonds of the commonwealth issued under authority of section 11, there is hereby imposed, in addition to the excises levied under chapter 64G of the General Laws and section 22 of chapter 546 of the acts of 1969, a convention center financing fee upon the transfer of occupancy of any room or rooms in any hotel, motel or other lodging establishment subject to such excises in the cities of Boston, Cambridge, Springfield and Worcester by any operator at the rate of 2.75 per cent of the total amount of rent for each such occupancy. Except as hereinafter provided, the convention center financing fee shall take effect on the first day of the calendar quarter following 30 days after the effective date of this act. All receipts from the convention center fee shall be applied solely as provided in this act.
(b) All terms used in this section shall have the same meaning given such terms in chapter 64G of the General Laws and all provisions of said chapter 64G relative to the assessment, collection, payment, abatement, verification and administration of the excises imposed therein, including penalties, shall, so far as pertinent, be applicable to the convention center financing fee imposed by this section. The convention center financing fee imposed under the provisions of this section shall be paid by the operator at the same time and in the same manner as the excises due the commonwealth and the cities of Boston and Cambridge under said chapter 64G.
(c) For the purpose of adding and collecting the convention center financing fee imposed by this section and the excises imposed by said chapter 64G, the commissioner of the department of revenue shall issue a schedule showing the total of the excises due for each bracket of taxable charges or rent, as defined in said chapter 64G, plus the convention center financing fee imposed under this section. Such schedule shall be in such form, including the number and size of the brackets, as said commissioner may determine.
(d) There shall be a surcharge of 5 per cent of the purchase price imposed on the price of any ticket purchased for any water-based sightseeing, tourist venue or entertainment cruise or tour and for any land-based sightseeing, tourist venue or trolley tour, originating or located in the commonwealth and conducted partly or entirely within the city of Boston; provided, however, that no such surcharge shall be imposed on children's tickets, so-called, if said ticket is $6 or less; and provided, further, that no such surcharge shall be imposed for such tours or cruises on tickets sold to an organized school or youth group and adults accompanying such group.
(e) There shall be an additional surcharge of $10 imposed upon each vehicular rental transaction contract in the city of Boston; provided, however, that $1 of said additional surcharge shall be paid to the city and deposited in the Room Occupancy Excise Fund.
(f) There shall be a surcharge of $2 per day imposed upon any vehicle which parks in any parking facility built in conjunction with or as part of the projects authorized by this act in the cities of Boston, Springfield and Worcester.
SECTION 10. (a) There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Boston Convention and Exhibition Center Fund, consisting of amounts credited to the fund in accordance with this section. The fund shall be administered in accordance with the provisions of this act by the state treasurer and shall be held in trust exclusively for the purposes and the beneficiaries described herein. The state treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and securities.
(b) Subject to section 13, commencing on the first day of the first full calendar month following 30 days after the effective date of this act, the following receipts from the cities of Boston and Cambridge, hereinafter referred to, together with investment earnings thereon, as "special receipts", shall be credited to, and deposited by the state treasurer in, the Convention Center Fund and used in accordance with this section: (i) all receipts from the convention center financing fee imposed by section 9; (ii) all receipts from the excise imposed by section 3 of chapter 64G of the General Laws and section 22 of chapter 546 of the acts of 1969 upon the transfer of any room or rooms in any hotel, motel or other lodging establishment subject to such excise which is located in the Convention Center Finance District; (iii) all receipts from the excise imposed by chapter 64H of the General Laws upon sales at retail by any vendor of meals, beverages and other tangible personal property or services within said Convention Center Finance District at establishments first opened for patronage on or after July 1, 1997; (iv) all receipts from the excise imposed by section 3 of said chapter 64G and section 22 of said chapter 546 upon the transfer of any room or rooms in any hotel, motel or other lodging establishment subject to such excise which is located in the city of Boston, but outside of said Convention Center Finance District, or in the city of Cambridge, and was first opened for patronage on or after July 1, 1997; (v) all receipts from the excise imposed by said chapter 64H upon sales at retail by any vendor of meals, beverages and other tangible personal property or services within any hotel, motel or other lodging establishment described in clause (iv) of this paragraph; and (vi) in the city of Boston, all receipts from the surcharges imposed under the provisions of subsections (d), (e), and (f) of section 9. Notwithstanding anything in section 35J of chapter 10 of the General Laws to the contrary, amounts described in clauses (i), (ii) and (iv) shall not be included in the computation of the amount to be deposited in the Massachusetts Tourism Fund pursuant to said section 35J.
(c) Expenditures from the Convention Center Fund shall, subject to appropriation, be made for the following purposes: (i) for the payment of the principal, including sinking fund payments and premium, if any, and interest on special obligation bonds of the commonwealth described in section 11 and on notes issued in anticipation of such bonds pursuant to section 12; (ii) for the maintenance of, or provision for, any reserves for debt service and other capital and current expenses, including without limitation the capital reserve fund described in said section 11, and for any additional security, insurance or other form of credit enhancement required or provided for in any trust or other security agreement entered into pursuant to this act to secure such bonds; and (iii) for direct expenditure for any cost of the project and for the operation, promotion and marketing thereof incurred by the Authority, including without limitation, expenditures to reimburse the redevelopment authority for costs of the project to the extent provided in section 5; provided, however, that any such direct expenditure shall be made only in compliance with applicable restrictions relating thereto, including without limitation any coverage requirements contained in any such trust or security agreement or credit enhancement agreement. Notwithstanding any general or special law to the contrary, the Authority and the secretary of administration and finance may also agree to deposit in the convention center fund all or any part of the revenues of the Boston common parking garage in excess of the costs of maintenance, repair and operation thereof, reasonable reserves for such purposes and cost of debt service on bonds issued to finance the restoration of the Boston common parking garage.
(d) Notwithstanding any provision of this section to the contrary, sums received by the commonwealth on account of the convention center financing fee imposed by section 9 and deposited in the Convention Center Fund from the effective date of such fee until June 30, 2002, shall be semi-annually distributed, credited and paid to the city by the state treasurer to be applied by the city to pay or provide for, or to reimburse the city for its payment of, interest on bonds of the city, and notes in anticipation thereof, issued under authority of section 7; provided that the amount so distributed to the city in any semi-annual period shall not exceed the lesser of (i) the city's net interest expense for such period on such bonds and notes, as certified to the state treasurer by the collector-treasurer of the city, with the concurrence of the secretary of administration and finance; and (ii) 40 per cent of the sums received by the commonwealth during such period on account of such fee upon the transfer of any room or rooms in any bed and breakfast establishment, hotel, lodging house or motel located within the city. For purposes of this section, the term net interest expense for any period shall mean an amount equal to the actual interest accrued on such bonds and notes for such period less (i) earnings on investment of proceeds of such bonds and notes received in such period and available to the city to pay such interest; and (ii) an amount equal to the excise distributed to the city during such period pursuant to section 3A of chapter 64G of the General Laws and deposited in the Room Occupancy Excise Fund established under section 8 of this act on account of the transfer of any room or rooms in any hotel, motel or other lodging establishment subject to such excise which was first opened for patronage on or after July 1, 1997.
(e) Except as otherwise provided in section 13, the Convention Center Fund shall be dissolved and the obligation of the state treasurer to deposit the excises and other amounts provided in this section in said Convention Center Fund shall expire, on June 30, 2002, if no special obligation bonds of the commonwealth described in section 11, or notes issued in anticipation thereof as provided herein, shall then be outstanding, or otherwise when all such bonds and notes, including any bonds or notes issued to refund any such bonds or notes, shall be paid or, if earlier, shall be deemed to have been paid within the meaning of any trust or other security agreement securing the same. Any balance remaining in said Convention Center Fund on the date of such termination shall be deposited in the General Fund of the commonwealth.
The fee and surcharges imposed pursuant to subsections (a), (d), (e) and (f) of section 9 shall remain in effect after dissolution of the Convention Center Fund, and the proceeds of such fee and surcharges shall be deposited in the General Fund of the commonwealth.
SECTION 11. (a) To meet the expenditures necessary to carry out the provisions of section 1A, the state treasurer, upon request of the governor, may issue and sell bonds of the commonwealth in an amount to be specified by the governor, from time to time, not exceeding, in the aggregate, the sum of $676,900,000. Any such bonds shall be special obligations of the commonwealth payable from the special receipts described in section 10 to the extent available and in any case payable solely from moneys credited to the Convention Center Fund or otherwise pledged to such payment as provided in this section; notwithstanding the provisions of any general or special law to the contrary, including without limitation section 60A of chapter 29 of the General Laws, such bonds shall not be general obligations of the commonwealth.
(b) Bonds of the commonwealth may be issued under authority of this section in such manner and on such terms and conditions as the state treasurer, with the concurrence of the secretary of administration and finance, may determine in accordance with the provisions of this subsection and, to the extent not inconsistent with the provisions hereof, provisions of General Law for the issuance of bonds of the commonwealth. Bonds may be secured by a trust agreement or other security agreement entered into by the state treasurer, with the concurrence of the secretary of administration and finance, on behalf of the commonwealth, which trust agreement or other security agreement may pledge or assign all or any part of the special receipts credited to the Convention Center Fund pursuant to section 10, and any other pledged funds as hereinafter provided, and rights to receive the same, whether existing or coming into existence and whether held or thereafter acquired, and the proceeds thereof. The state treasurer is also authorized, with the concurrence of the secretary of administration and finance, to enter into additional security, insurance or other forms of credit enhancement which may be secured on a parity or subordinate basis with the bonds. A pledge in any such trust or other security agreement or credit enhancement agreement shall be valid and binding from the time such pledge shall be made without any physical delivery or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise, irrespective of whether such parties have notice thereof. Any such pledge shall be perfected by filing of the trust or other security agreement or credit enhancement agreement in the records of the state treasurer, and no filing need be made under chapter 106 of the General Laws. Any such trust agreement, security agreement or credit enhancement agreement may establish provisions defining defaults and establishing remedies and other matters relating to the rights and security of the holders of the bonds or other secured parties as determined by the state treasurer, including provisions relating to the establishment of reserves, the issuance of additional or refunding bonds, whether or not secured on a parity basis, the application of the special receipts and other moneys and funds pledged pursuant to such agreement, in this act referred to as pledged funds, and other matters deemed necessary or desirable by the state treasurer for the security of such bonds, and may also regulate the custody, investment and application of moneys.
(c) As additional security for bonds of the commonwealth issued under authority of this section, the state treasurer, with the concurrence of the secretary of administration and finance, shall create and establish a special fund, herein referred to as the Capital Reserve Fund, within the Convention Center Fund established under section 10 or otherwise under a trust or other security agreement securing such bonds, and shall pay into the capital reserve fund any special receipts available for such purpose as provided in section 10 and any other moneys appropriated and made available for the purposes of such fund, any proceeds of such bonds to the extent determined by the state treasurer, with the concurrence of the secretary of administration and finance, or as may be provided in any such trust or other security agreement, and any other moneys available for purposes of such fund as provided in this section, all of which shall be pledged funds for purposes of this act.
(d) All moneys held in the Capital Reserve Fund, except as hereinafter provided, shall be used solely for the payment of the principal of bonds of the commonwealth issued under authority of this section as the same mature, the purchase of such bonds, the payment of interest on such bonds or the payment of any redemption premium required to be paid when such bonds are redeemed prior to maturity; provided, however, that, moneys in the capital reserve fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of such fund to less than the maximum amount of principal and interest maturing and becoming due in any succeeding fiscal year on all such bonds outstanding or such lesser amount as shall be established by the state treasurer, with the concurrence of the secretary of administration and finance, as necessary or appropriate to secure such bonds, in this act referred to as the capital reserve fund requirement, except for the purpose of paying the principal of and interest on such bonds maturing and becoming due and for the payment of which other special receipts held in the Convention Center Fund are not available.
(e) Notwithstanding any provision of this act to the contrary, the state treasurer shall not issue bonds of the commonwealth under authority of this section at any time if following such issuance the balance on deposit in the Capital Reserve Fund would be less than the capital reserve fund requirement with respect to all such bonds then outstanding.
(f) If on the last day of any fiscal year during which any bonds of the commonwealth issued under authority of this section are outstanding, the balance on deposit in the Capital Reserve Fund shall be less than the capital reserve fund requirement as then calculated, after deposit therein of all amounts available therefor in the convention center fund or otherwise under the trust or other security agreement securing such bonds, the convention centers excise shall be increased, in the city of Boston only, until the balance of said capital reserve fund shall again equal the capital reserve fund requirement as so certified by the secretary of administration and finance but in no event shall the total amount of the excise imposed pursuant to sections 3 and 3A of chapter 64G of the General Laws and section 22 of chapter 546 of the acts of 1969 exceed 14 per cent.
(g) In order to increase the marketability of any bonds issued by the commonwealth under authority of this section, and in consideration of the acceptance of payment for any such bonds, the commonwealth covenants with the purchasers and all subsequent holders and transferees of any such bonds that until all such bonds, including all bonds issued to refund such bonds, and the interest thereon, shall be paid or, if earlier, shall be deemed paid within the meaning of any trust or other security agreement or credit enhancement agreement securing the same, (i) special receipts shall not be diverted from the purposes identified in this act; (ii) no pledged funds shall be diverted from the convention center fund or the capital reserve fund except as provided in this act; (iii) in any fiscal year of the commonwealth, unless and until an appropriation has been made which is sufficient to pay the principal, including sinking fund payments, of and interest on all such bonds and to provide for or maintain any reserves, additional security, insurance or other form of credit enhancement required or provided for in any trust or other security agreement or credit enhancement agreement securing any such bonds or notes, no pledged funds shall be applied to any other use; and (iv) so long as such revenues are necessary, as determined by the state treasurer in accordance with any applicable trust or other security agreement or credit enhancement agreement, for the purposes for which they have been pledged, the rate of the convention center financing fee imposed by section 9 and the rates of the excises the revenues from which constitute special receipts under section 10 or which may constitute pledged funds under this section shall not be reduced below the amount in effect at the time of issuance of any such bond.
(h) Any bonds issued under authority of this section, and any notes of the commonwealth issued in anticipation thereof as hereinafter provided, shall be deemed to be investment securities under chapter 106 of the General Laws, shall be securities in which any public officer, fiduciary, insurance company, financial institution or investment company may properly invest funds and shall be securities which may be deposited with any public custodian for any purpose for which the deposit of bonds is authorized by law. Any such bonds and notes, their transfer and the income therefrom, including profit on the sale thereof, shall at all times be exempt from taxation by and within the commonwealth.
SECTION 12. 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 purposes of meeting payments as authorized by section 5 in anticipation of the receipt of proceeds of special obligation bonds of the commonwealth issued under authority of section 11, and may issue and renew, from time to time, notes of the commonwealth therefor, bearing interest payable at such time and at such rate as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such maximum term of years, not exceeding seven years, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such notes shall be payable no later than June 30, 2005. Notes and the interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.
SECTION 13. (a) Notwithstanding any provision of this act to the contrary, the redevelopment authority shall have no authority or obligation to acquire any land or other properties within the convention center development area for the project and to convey the same to the Authority as provided in section 4, and the Authority shall have no authority or obligation to acquire, construct and operate the project on such lands and other properties, and neither the commonwealth nor the city shall be empowered to pay or finance any costs of the project, except as provided in this section or otherwise by law, unless (1) on or prior to March 11, 1998, (i) the city council of the city and the mayor shall have approved the project as provided in section 4; (ii) sums shall have been appropriated, or indebtedness of the city under authority of section 7 shall have been authorized, by the city council of the city with the approval of the mayor in amounts sufficient, in the determination of the collector-treasurer of the city, to satisfy the requirements of section 4; and (iii) the redevelopment authority and the Authority shall have approved the terms and conditions of a deed for the site of the project in accordance with said section 4, in form and substance reasonably satisfactory to the collector-treasurer of the city and the secretary of administration and finance; (2) on or prior to December 31, 1998, the redevelopment authority and the Authority shall have submitted to the secretary of administration and finance and the collector-treasurer of the city a marketability study, which may expand upon the project report, evaluating the need for and requirements of the project and the site thereof, including time and cost plans and a project implementation and site acquisition schedule, and evaluating the sources and adequacy of special receipts and other pledged funds to provide for the cost of the project and any indebtedness incurred therefor, and demonstrating to the reasonable satisfaction of such officers that (i) on or before December 31, 1998 and after July 1, 1997, no fewer than 2,800 rooms in hotels, motels or other lodging establishments subject to the excise imposed by section 3 of chapter 64G of the General Laws and section 22 of chapter 546 of the acts of 1969 shall have been placed in service in the city or in the city of Cambridge for the first time, or are under construction and scheduled to be placed in service before December 31, 2000 or shall be the subject in the case of the city of a project notification form filed pursuant to article 80 of the Boston zoning code or in the case of the city of Cambridge, forms or documents of similar import and effect; provided, however, that each developer of said hotels shall have presented to the redevelopment authority and the secretary of administration and finance an affidavit on behalf of a recognized lender or lenders stating that a financing commitment letter for such projects has been issued by said lender and accepted by said developer: (ii) based on determinations made and actions taken by the board of directors of the redevelopment authority, including without limitation authorization of the tentative or final designation of redevelopers, approval of planned development areas and associated project plans, and approvals of zoning actions, and based on similar determinations made and actions taken by the city of Cambridge or its redevelopment authority, hotels, motels and other lodging establishments subject to the excise imposed by section 3 of chapter 64G and section 22 of chapter 546 of the acts of 1969 containing in the aggregate not less than 4,800 rooms shall be first opened for patronage in the city or in the city of Cambridge after July 1, 1997 and prior to the projected commencement of operations of the project; (iii) the aggregate amount of special receipts which are projected to be received and deposited in the Convention Center Fund as provided in section 10 in the first full fiscal year following the commencement of operations of the project is projected to be not less than 125 per cent of the debt service payable in such year on all special obligation bonds of the commonwealth which are expected to be issued under authority of section 11 to pay costs of the project, on the assumption that all such bonds will be issued prior to such fiscal year; and (iv) the balance in the capital reserve fund established pursuant to section 11 on the first day of the first full fiscal year following the commencement of operations of the project will be not less than the capital reserve fund requirement therefor, on the assumption that all special obligation bonds of the commonwealth to be secured thereby will be issued on or before such date; and (3) on or prior to December 31, 1998, the Authority shall have submitted to the secretary of administration and finance and the collector-treasurer of the city a report setting forth a projected operating budget for the project and all other facilities under the Authority's jurisdiction and control in the city for the first full fiscal year following commencement of operations of the project and demonstrating to the reasonable satisfaction of such officers that the Authority's net loss from operations of the project and such facilities for such year will not be more than $14,000,000 before consideration of any amounts distributed to the Authority under section 35J of chapter 10 of the General Laws. Satisfaction of the foregoing requirements shall be conclusively evidenced by a certificate of the secretary of administration and finance and the collector-treasurer of the city to such effect filed with the governor, the mayor, the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the house committee on long term debt and capital expenditures.
(b) If the conditions provided in subsection (a) shall not be satisfied on or before December 31, 1998, (i) the convention center financing fee and the imposition thereof as provided in section 9 shall terminate and cease; and (ii) after payment or reimbursement of any costs of the project incurred by the Authority or the redevelopment authority as provided in sections 3, 4 and 5, the Convention Center Fund shall be dissolved and any balance remaining therein shall be deposited in the Massachusetts Tourism Fund established under section 35J of chapter 10 of the General Laws, to the extent such balance is attributable to the convention center financing fee, as determined by the secretary of administration and finance, and otherwise in the General Fund of the commonwealth.
SECTION 14. To meet any expenditures of the commonwealth necessary in carrying out the provisions of section 1B, the state treasurer, upon request of the governor, may 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, the sum of $85,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Economic Development Facilities, Act of 1997, and shall be issued for such 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; provided, however, that all such bonds shall be payable not later than June 30, 2022. All interest and payments on account of the principal of such obligations shall be payable from the General Fund. Bonds of the commonwealth and the interest thereon issued under the authority of this section, notwithstanding any other provision of this act, shall be general obligations of the commonwealth.
SECTION 15. (a) The Authority shall develop and annually update a joint marketing plan for all its facilities but particularly such a plan for the Hynes convention center and the project which will assure the ongoing maximum occupancy of the Hynes convention center and the maximum occupancy of the project at the earliest possible date following the opening of the project and thereafter. The Authority is hereby authorized and directed to undertake national and international marketing efforts for the benefit of the facilities under its control and jurisdiction, which marketing efforts shall be designed to attract nonresident visitors, maximize their stays, and encourage their utilization of resources provided by the tourism industry throughout the commonwealth and the New England region. The Authority is authorized to enter into contracts with publicly and privately owned facilities in the commonwealth to provide national and international marketing efforts benefiting said publicly and privately owned facilities. The Authority is further authorized to cooperate in such efforts with convention and tourism bureaus and organizations throughout the commonwealth and the New England region, including the Greater Boston Convention and Visitors Bureau. Said cooperation shall include the development of a plan by the Authority providing a program and budget for staffing, research, marketing and promotion programs to be undertaken by the Authority. The Authority may contract with the Greater Boston Convention and Visitors Bureau and others for services to promote the city and the commonwealth generally as a destination for convention, meetings and trade show attendees and visitors with contract assistance from the Authority. Said plan shall be approved by a majority of the members of the Authority.
(b) The Authority is hereby authorized and directed to contract with any public or private entity to provide for mutual limitations of marketing or use, or both, of any of the facilities under the control and jurisdiction of the Authority, and any public or private entity. The Authority is hereby directed, upon the written request of such a private owner or operator of any for-profit facility in the city which is in existence as of July 1, 1997 which contains not less than 100,000 square feet of contiguous floor area for conventions, trade shows, consumer shows, meetings, assemblies and convocations, to contract with such private owner or operator to mutually limit the marketing or use, or both, of the facilities or portions thereof under the jurisdiction and control of the Authority and said public or private entity. Each such contract shall address the compatibility of the facilities subject to such contract, by including, but not limited to, the following provisions: (i) square footage thresholds for events under the jurisdiction and control of the Authority or the private owner or operator; (ii) hotel room night requirements per event for the facilities under the control and jurisdiction of the Authority or the private owner or operator; (iii) advance booking guidelines for events at the facilities under the control and jurisdiction of the Authority or the private owner or operator; (iv) contract completion and termination dates, as is reasonable, at the facilities under the control and jurisdiction of the Authority or the private owner or operator; (v) pricing guidelines for the facilities under the control and jurisdiction of the Authority or the private owner or operator; and (vi) mutual remedies in the event of a breach of contract. Any such contract so entered into shall be for a term not to exceed five years; provided, that such contract shall be subject to review, renegotiation or extension by the parties thereto. By December 31 in each calendar year, the Authority shall submit a report to the clerks of the house of representatives and the senate detailing all contracts entered into pursuant to this paragraph and compliance with the terms and conditions thereof.
(c) The contracts between the Authority and the private owner or operators shall be entered into to further the public purpose of encouraging the cooperative marketing and use of facilities under the control and jurisdiction of the Authority and privately owned or operated facilities. Said contracts shall further the following purposes: (1) to place reasonable mutual limitations on the Authority's marketing and use of the facilities under its control and jurisdiction that would otherwise be appropriate to utilize such privately owned or operated facilities; (2) to encourage the Authority to utilize to a reasonable extent the project for large scale national and international events not currently being served by existing facilities in the city; (3) to promote cooperation between the Authority and such privately owned or operated facilities in the marketing and utilization of such facilities; and (4) to mitigate to a reasonable extent adverse economic impacts on such privately owned or operated facilities.
(d) Notwithstanding any provision of this act to the contrary, the project, as defined in section 2, shall not be marketed or utilized for so-called gate shows or other similar consumer shows.
SECTION 16. 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 1B and may issue and renew from time to time notes of the commonwealth thereof bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. The notes shall be issued and may be renewed one or more times for such term, 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, but final maturities of such notes, whether original or renewal, shall not be later than June 30, 2001.
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 17. The Springfield civic and convention center is hereby transferred to the ownership and control of the Authority. Section 7 of chapter 268A of the General Laws shall not prevent a part-time employee of said center as of the effective date of this act from continuing a full-time employment relationship with another state agency that commenced before said effective date.
The Authority shall promulgate regulations relative to parking at the convention center in the city of Springfield including the establishment of a $2 parking surcharge.
SECTION 18. (a) (1) Notwithstanding the provisions of any general or special law to the contrary, including without limitation section 3 of chapter 40 of the General Laws or sections 12 to 16 of chapter 30B of the General Laws, or the provisions of 27 CMR 801, the city of Springfield, the Springfield exhibition hall commission, or the Springfield Redevelopment Authority shall be authorized to enter into a lease agreement for a term of not less than 99 years with the Naismith Memorial Basketball Hall of Fame, Inc. or a subsidiary thereof in connection with the project known as the basketball hall of fame and riverfront redevelopment project, in this subsection called the project, in the city of Springfield, in this section called the city. For purposes of this section and item 6033-9699 of section 2A of chapter 205 of the acts of 1996, the words "lease agreement for a term of not less than 99 years" shall include a lease consisting of an initial term of 30 years with options to extend the term of the lease for six successive ten year periods and one final nine year period.
(2) Notwithstanding the provisions of any general or special law to the contrary, funds may be expended to reimburse the city: (i) pursuant to item 6033-9699 of section 2A of chapter 205 of the acts of 1996, as set forth in this subsection, for expenses incurred in carrying out the purposes stated therein upon satisfaction of the provisions thereof, regardless of whether such expenses were incurred prior to the passage of chapter 205 of the acts of 1996 or the entry and approval of a lease agreement between the board of trustees of the basketball hall of fame and the city; and (ii) pursuant to item 1100-7984 of section 1B for expenses incurred in carrying out the purposes stated in said item 1100-7984, regardless of whether such expenses were incurred prior to the passage of this act.
(3) Notwithstanding the provisions of any general or special law to the contrary, no funds shall be expended on the project pursuant to item 1100-7984 of section 1B until: (i) the secretary of administration and finance certifies the development and operating costs for the project; (ii) the department of revenue certifies the estimate of tax revenues to be generated by the project; (iii) the city submits plans to said secretary for the riverfront area including the basketball hall of fame; and (iv) the appropriate parties sign an agreement that shall include, but not be limited to, the following provisions:-
(A) a commitment by the National Basketball Association not to sanction any facility other than the Naismith Memorial Basketball Hall of Fame, Inc. as a venue for the enshrinement of individuals elected to become members of the Basketball Hall of Fame for the duration of any bonds authorized for the purposes of the project;
(B) a commitment by the Naismith Memorial Basketball Hall of Fame to raise $10,000,000 in private investment for said project; and
(C) commitments by the Naismith Memorial Basketball Hall of Fame, the National Basketball Association and other organizations and groups to increase, maximize and maintain advertising and marketing efforts to increase attendance, licensing and other revenue at the Naismith Memorial Basketball Hall of Fame.
The certificates, submission and agreement required by this paragraph (3) shall be filed with the secretary of administration and finance and the house and senate committees on ways and means.
(b) (1) Notwithstanding the provisions of any general or special law to the contrary, the city of Springfield, in this subsection called the city, shall direct the operator of the parking facility associated with the basketball hall of fame, in this subsection called the parking facility, to make payments to the commonwealth from 100 per cent of the net operating income generated in connection with the operation of the parking facility within 120 days following the end of each year during each of the initial 50 years of the operation of the parking facility; provided, however, that the city shall make every effort to maximize profits from the parking facility in order to repay an amount of not less than $10,000,000 to the commonwealth as partial reimbursement for the authorization made in item 1100-7984 of section 1B; provided, further, that said $10,000,000 shall be repaid to the commonwealth not later than 50 years after the effective date of this act.
(2) During the first 50 years of the operation of the parking facility, the city shall be solely responsible for the operation of the parking facility and the obtaining of an operator for the parking facility. The commonwealth shall not operate nor be responsible for the operation of the parking facility.
(3) The city shall direct the operator of the parking facility to submit to the city, the executive office for administration and finance and the house and senate committees on ways and means a detailed operating expense budget which shall set forth the following information: (i) the anticipated categories of expenses which are to be incurred by the parking facility; (ii) the amounts budgeted for each of such categories; (iii) the total estimated operating expenses to be incurred in connection with the operation of said parking facility before the commencement of its operation and annually thereafter for a period of not less than 50 years. The operating budget of the parking facility shall be subject to the annual review and approval of the city and the executive office for administration and finance.
(4) The city shall cause the operator of the parking facility to submit to the city, the executive office for administration and finance and the house and senate committees on ways and means a detailed income and expense statement setting forth the results of the operation of the parking facility annually for a period of not less than 50 years. Said statement shall be submitted within 120 days of the close of the fiscal year for the parking facility. Said income and expense statement shall be subject to the review and approval of the city, the executive office for administration and finance and the state auditor.
(5) The city shall ensure that the books of the operator of the parking facility are available for inspection by the commonwealth.
SECTION 19. There shall be established by the Authority a full time permanent position of community liaison to the project whose primary responsibility shall be to address and respond to the needs and concerns of the impacted residents and businesses located in the South Boston district of the city of Boston. Said community liaison shall be a resident of said South Boston district appointed by the executive director of the Authority.
SECTION 20. Notwithstanding the provisions of any general or special law to the contrary, all hackney licenses then or thereafter available for issue by the police commissioner of the city under the authority of chapter 392 of the acts of 1930 shall be issued by public auction, public sale, sealed bid or other competitive process established by regulations promulgated by said commissioner to persons, firms or corporations eligible under the provisions of said chapter 392. Said licenses shall be issued in such numbers, and at such times or prices, and under such conditions and limitations, including the power of said commissioner to revoke, suspend, renew and assign such licenses, as said commissioner determines in his sole discretion. Proceeds from the issuance of the first 260 licenses so issued after the effective date of this act shall be paid to the collector-treasurer of the city for deposit in the Room Occupancy Excise Fund. All other proceeds from the issuance of said licenses shall be paid to said treasurer-collector for deposit in the General Fund of the city.
The provisions of this section shall not apply to a license issued and outstanding on the effective date of this act. A license issued under the provisions of this section shall be renewable annually at the same time and under the same conditions and limitations provided in said chapter 392 for any other license granted and renewed thereunder.
SECTION 21. Upon application by the city of Worcester and after review of said application and determination by the secretary of administration and finance that the application is complete and satisfactory, said secretary shall make available to the city of Worcester, pursuant to item 1100-7983 in section 1A, an amount not to exceed $19,000,000, for construction and development of the convention center in said city. Nothing in this act shall preclude making said expenditure prior to the satisfaction of the conditions established pursuant to the provisions of sections 10, 11 and 13.
SECTION 22. Section 3A of chapter 64G of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting after the word "occupancy", in line 6, the following words:- ; provided, however, that the city of Boston is hereby authorized to impose such local excise upon the transfer of occupancy of any room in a bed and breakfast establishment, hotel, lodging house or motel located within said city by any operator at the rate of up to but not exceeding 4.5 per cent of the total amount of rent of each such occupancy.
SECTION 23. Section 33 of chapter 190 of the acts of 1982, as amended by chapter 629 of the acts of 1982, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
The authority shall consist of 11 members, who shall be appointed as provided hereunder. Three members shall be appointed by the governor, one of whom shall be appointed by the governor from a list of three nominees recommended by the Massachusetts Visitors Industry Council. Two members shall be appointed by the governor from a list of five nominees recommended by the president of the senate. Two members shall be appointed by the governor from a list of five nominees recommended by the speaker of the house of representatives. Two members shall be appointed by the mayor of the city of Boston, one of whom shall be a resident of South Boston. The remaining two members shall be the secretary of administration and finance, or his designee, and the collector-treasurer of the city of Boston, or his designee, who both shall serve ex officio and shall have the right to exercise a vote on matters before the authority. The governor, with the advice and consent of the mayor of Boston, shall designate one member of the authority to serve as chairman of the authority during his term of office as a member. The members of the authority first appointed by the governor shall continue in office for terms expiring on December 31, 1999, December 31, 2000 and, December 31, 2001, respectively, the term of each such member to be designated by the governor and to continue until his successor shall be duly appointed and qualified. The members appointed by the mayor shall continue in office for a term expiring December 31, 1999, and shall continue until their successors shall be duly appointed and qualified. The members nominated by the president of the senate shall continue in office for a term expiring December 31, 1999, and each such member shall continue until his successor is duly appointed and qualified. The members nominated by the speaker of the house of representatives shall continue in office for a term expiring December 31, 1999, and each such member shall continue until his successor is duly appointed and qualified. The successor of each such member shall be appointed for a term of six years and until his successor shall be duly appointed and qualified, except that any person appointed to fill a vacancy shall serve only for the unexpired term and until his successor shall be duly appointed and qualified. Each member of the authority shall be eligible for reappointment. Each member of the Authority shall serve at the pleasure of the governor if appointed by the governor, and at the pleasure of the mayor if appointed by the mayor. Each member of the authority may be removed by the governor, if appointed by the governor, or by the mayor, if appointed by the mayor. Each member of the authority before entering upon his duties shall take an oath before the governor to administer the duties of his office faithfully and impartially, and a record of such oaths shall be filed in the office of the secretary of the commonwealth. Members of the Authority shall serve without compensation, but service as a member of the Authority shall be credited to such member's years in service for pension and retirement purposes.
SECTION 24. Section 34 of said chapter 190 is hereby amended by striking out the last sentence, as amended by section 3 of chapter 307 of the acts of 1991, and inserting in place thereof the following two sentences:- The executive director shall serve at the pleasure of the Authority for a term of three years and may be reappointed. Until November 19, 2003, the preceding sentence shall not apply to the individual holding the position of executive director on November 1, 1997, who until November 19, 2003 may be removed at any time by the Authority only for cause including misfeasance, malfeasance or willful neglect of duty, after public notice and a public hearing on the facts and circumstances which form the basis for such removal, pursuant to the terms and conditions of employment in effect on November 1, 1997.
SECTION 25. The provisions of this act shall be deemed to provide an exclusive, additional, alternative and complete method for the doing of the things authorized hereby and shall be deemed and construed to be supplemental and additional to, and not in derogation of, powers conferred upon the Authority, the redevelopment authority or any city by-law; provided, however, that insofar as the provisions of this act are inconsistent with the provisions of any general or special law, administrative order or regulation or any limitation imposed by a corporate or municipal charter, the provisions of this act shall be controlling.
SECTION 26. This act, being necessary for the welfare of the commonwealth and its inhabitants, shall be liberally construed to effect its purposes.
SECTION 27. This act shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of this act, all steps shall be taken which are necessary to meet constitutional requirements whether or not such steps are required by statute.
SECTION 28. Notwithstanding any provision of section 33 of chapter 190 of the acts of 1982, the appointed members of the Massachusetts Convention Center Authority in office on the effective date of this act shall continue in office for a term expiring 90 days after the effective date of this act or upon the earlier appointment of a designated successor thereto by the governor or the mayor of the city of Boston, as appropriate. Any such member shall be eligible for reappointment. Until all of the members of the Authority shall have been first appointed and duly qualified as provided in said section 33, a majority, but not less than four, of the members of the Authority then in office shall constitute a quorum and the act of a majority, but not less than four, of such members shall be deemed an act of the Authority.
SECTION 29. Notwithstanding any provision of section 33 of chapter 190 of the acts of 1982, the treasurer and receiver-general of the commonwealth shall continue to serve as a member and chairman of the Massachusetts Convention Center Authority, ex officio, for a term expiring 90 days after the effective date of this act or upon the earlier appointment of a designated successor thereto by the governor, with the advice and consent of the mayor of the city of Boston, in accordance with said section 33.
This Bill having been returned by the Lieutenant-Governor, Acting Governor, with his objections thereto in writing (see House 5130) has been passed by the House of Representatives, notwithstanding said objections, two-thirds of the House (128 yeas to 26 nays) having agreed to pass the same.
Sent to the Senate for its action.
Thomas M. Finneran, Speaker.
Robert E. MacQueen, Clerk.
Passed by the Senate, notwithstanding the objections of the Lieutenant-Governor, Acting Governor, two-thirds of the members present (36 yeas to 2 nays) having approved the same.
Thomas F. Birmingham, President.
Edward B. O'Neill, Clerk.