Skip to Content

Session Law

2002

Jump to:

Chapter 245 AN ACT PROVIDING FOR CAPITAL FACILITY IMPROVEMENTS AND REPAIRS FOR THE COMMONWEALTH.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to provide for improvements and repairs of certain real property and other assets of the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. To provide for a program of capital improvements to various state institutions and properties, the sums set forth in this act, for the several purposes and subject to the conditions specified in this act, are hereby made available from the General Capital Projects Fund, subject to the provisions of law regulating the disbursement of public funds.

SECTION 2.

JUDICIARY.

Trial Court.

0330-9010
For the purchase or lease of equipment or other items for a program of intermediate sanctions including, but not limited to, the purchase of community service vans, drug testing equipment, the acquisition and build-out of leased or purchased space for day reporting centers and detention facilities, including modular units, and the purchase and upgrading of equipment, such as electronic monitoring equipment to support curfew enforcement, home confinement and other sanctions that may qualify as alternatives to incarceration; provided, that no funds appropriated in this item shall be expended for costs of state personnel or contracted personnel; provided further, that not more than 2 percent of the funds authorized herein shall be expended for the administration of any projects in this item; and provided further, that the chief justice of administration and management shall submit a report detailing any such administrative expenditures to the house and senate committees on ways and means ...........................................................................................................................................................$10,000,000

0333-0010
For the purchase or lease of modular units or the acquisition of property interests, including lease space and temporary court facility construction, for the personnel and officers of the Norfolk county probate court, while said court is under renovation; provided however, that said personnel and officers shall be relocated within a 3-mile radius of the existing courthouse; and provided further, that effective January 1, 2007, said existing courthouse shall be the asset and property exclusively of the commonwealth [This language was stricken by the Acting Governor - see Veto Message - Senate, No. 2467] ....................................................................................................................................................................$5,500,000

SECRETARY OF STATE.

0526-2010
For a grant program to units of municipal government and to private, nonprofit organizations for the preservation of historic properties, landscapes and sites; provided, that such funds shall be awarded in accordance with regulations promulgated by the state secretary, chairman of the Massachusetts historical commission .........................................................$11,000,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Division of Capital Asset Management and Maintenance.

1102-0004
For planning and studies, acquisition of land and buildings and interests therein, the preparation of plans and specifications, the construction, renovation, reconstruction, alteration, improvement, demolition, expansion, repair and furnishings and equipment for county correctional facilities as provided in this item; provided, that $14,000,000 shall be provided for the Worcester regional lockup; provided, that the secretary of administration and finance shall conduct a study relative to the economic impact the regional lockup will have on the town of West Boylston, for the purpose of determining an appropriate mitigation amount or payment-in-lieu-of-taxes for the project; provided further, that $7,000,000 shall be provided for the Billerica house of correction; and provided further, that $9,000,000 shall be expended for the Franklin county house of correction ..............................................................................................................................................................$32,500,000

1102-2010
For planning and studies, the preparation of plans and specifications, construction, renovation, reconstruction, improvement, demolition, expansion, and repair to state-owned and former county facilities and grounds; provided, that $100,000 shall be expended for planning and studies and the preparation of plans and specifications for the construction of a regional vocational school located in the former county of Essex ............................................................................................$10,000,000

1102-2011
For planning and studies, the preparation of plans and specifications, repairs and improvements and related administrative expenses to the state transportation building .............................................................................................$8,000,000

1102-3010
For costs associated with infrastructure security improvements including, but not limited to, building repair, renovation, construction, purchase and installation of equipment at state facilities and sites ...........................................$30,000,000

1102-3013
For costs associated with the construction of a medical examiners facility on Cape Cod, and improvements to existing forensic facilities including those in Worcester and Holyoke ....................................................................................$2,000,000

Reserves.


1599-0023
For a reserve to be administered by the executive office for administration and finance in cooperation with the department of economic development to support the recapitalization of the small business capital access program, established in section 57 of chapter 23A of the General Laws and administered by the Massachusetts Business Development Corporation...... $3,000,000

1599-0024
For a reserve to be administered by the executive office for administration and finance in cooperation with the department of labor and workforce development to support the recapitalization of loan and loan guarantee programs of the economic stabilization trust, established in chapter 23D of the General Laws, and administered by the Commonwealth Corporation ..................................................................................................................................................................$10,000,000

1599-8001
For public safety equipment purchases; provided, that such equipment purchases shall enhance the commonwealth's ability to prepare for and combat terrorism, including bioterrorism; provided further, that $20,000,000 of the funds authorized herein shall be provided for a grant program for police departments of cities and towns and fire departments of cities, towns, districts and authorities; provided further, that the grant program shall be administered by the secretary of public safety according to the population served by each grant recipient; and provided further, that departments expending funds transferred from this item shall maximize federal reimbursement available for the purpose ...................................................................$25,000,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Office of the Secretary.

4000-2011
For planning and studies, the preparation of plans and specifications, construction, renovation, reconstruction, improvement, demolition, expansion, repair, including furnishings and equipment, and related administrative expenses at executive office of health and human services agencies including, but not limited to, the Soldiers' Home in Massachusetts and the Soldiers' Home in Holyoke, for the ongoing costs of removal of asbestos and air conditioning installation, the department of youth services, the department of mental health, the department of mental retardation and the department of public health, including infrastructure for the 4 public health hospitals: Tewksbury Hospital, Massachusetts Hospital School, Shattuck Hospital and Western Massachusetts Hospital for the demolition and remediation of the former Lakeville State Hospital site in the town of Lakeville [This language was stricken by the Acting Governor - see Veto Message - Senate, No. 2467] ....................................................................................................................................$120,000,000

4590-9999
For the purchase of public health equipment; provided, that the department shall award grants for public access defibrillation programs to cities and towns for automatic external defibrillator equipment; provided further, that the police or fire department or fire protection district may apply in writing to the department in a manner prescribed by the department based upon current deployment levels of automatic external defibrillators, population and geographic need to best promote availability and access to defibrillators by the general public and to ensure that prospective first responders are appropriately trained in automatic cardiac defibrillation; provided further, that such grant requests shall be used for automatic defibrillation equipment purchase and replacement; provided further, that a city or town shall, as a condition of receiving financial assistance under this item, have implemented a plan for first responder automatic cardiac defibrillation training and documentation in accordance with this item; provided further, that $518,920 shall be expended for a one-time grant to the Tufts University dental program for the developmentally disabled for the costs associated with the purchase of equipment; provided further, that no funds appropriated in this item shall be expended for payroll or contracted services; and provided further, that the department of public health in conjunction with Tufts University shall file a report with the house and senate committees on ways and means detailing the equipment purchased with the funds appropriated herein ........................................................................... $3,218,920

EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.

Department of Highways.

6033-9014
For the department of highways, pursuant to section 20 of this act, to take by eminent domain on behalf of the commonwealth under chapter 79 of the General Laws certain land located in the city of Quincy as necessary for construction, operation and maintenance of detention ponds for the purpose of alleviating and preventing flooding; provided, that upon completion of construction, the department of highways shall transfer, notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws, all property acquired, together with improvements constructed thereon to the city of Quincy; and provided further, that the transfer shall include appropriate restrictions to ensure that the property is utilized solely for maintenance of the detention ponds and other conservation purposes consistent with this item .....................................................$7,000,000

BOARD OF LIBRARY COMMISSIONERS.

7000-9010
For a program of grants to cities and towns for approved public library projects as authorized by sections 19G to 19I, inclusive, of chapter 78 of the General Laws; provided, that grants for approved public library projects may be awarded for projects for which construction commenced after April 10, 1996; provided further, that not more than $500,000 of the amount authorized herein may be expended by the board of library commissioners for the administrative costs directly attributable to the projects funded herein, including the costs of temporary personnel; provided, however, that no permanent personnel shall be compensated from this item; provided further, that said board shall file an annual spending plan with the fiscal affairs division and the house and senate committees on ways and means which details, by subsidiary, all temporary personnel and administrative costs charged to this item ...................................................................................................$75,000,000

Department of Housing and Community Development.

7004-9108
For urban revitalization and development projects authorized pursuant to section 54 of chapter 121B of the General Laws; provided, that notwithstanding section 53 or section 57 of said chapter 121B to the contrary, the funds may be provided to an agency of a city or town designated by the chief executive office to act on behalf of the city or town; provided further, that not more than $11,208,205 shall be expended for a matching grant to the city of Fitchburg for the urban renewal program, provided further, that $3,879,600 shall be expended for the Lawrence Riverfront Project so-called, provided further, that $1,652,000 shall be expended for the Pittsfield Capitol Theatre, provided further, that $135,250 shall be expended for the Charles Hotel in Springfield, provided further, that $135,250 shall be expended for the South Main Project, so-called in Springfield, provided further, that $9,179,559 shall be expended for Lowell Acre, and provided further, that $28,920,000 shall be expended on the Worcester Medical City project, so-called.................................................................. $55,109,864

BOARD OF HIGHER EDUCATION.

7066-2010
For planning and studies, the preparation of plans and specifications, construction, renovation, reconstruction, alteration, improvement, demolition, expansion, repair, including furnishings and equipment, and related administrative expenses at state and community college campus facilities and grounds; provided, that not less than $2,000,000 shall be expended for renovations to the Massachusetts Bay Community College Framingham facility at the former Farley school; provided that renovations shall be undertaken by the town of Framingham; provided further, that such expenditures shall be contingent upon the town and Massachusetts Bay Community College entering into a lease agreement for the renovated facility for a period of at least 10 years at a rate below the fair market value, which is calculated to reflect the commonwealth's investment; provided, that not less than $1,000,000 shall be expended for the development of the Southeast Regional Education and Training Skills Alliance Facility at the former Paul A. Dever State School in the city of Taunton .................................... $100,000,000

University of Massachusetts.

7100-0000
For planning and studies, the preparation of plans and specifications, construction, renovation, reconstruction, improvement, demolition, expansion, repair, including furnishings and equipment, and related administrative expenses at the University of Massachusetts campus facilities and grounds .......................................................................................... $77,000,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Office of the Secretary.

8000-2010
For the design, construction, and implementation of the department of state police mobile data network and an automated motor vehicle citation system, including the use of so-called "MDT" devices ......................................... $19,000,000

8000-2011
For the repair, maintenance and upgrade of facilities within the control of the secretary of public safety; provided, that no single project shall exceed $250,000; and provided further, that $250,000 shall be provided to the Massachusetts criminal justice training council for reimbursement of the costs incurred to renovate facilities at the former South Weymouth Naval Air Station................................................................................................................................................... $8,500,000

8000-2014
For the repair, maintenance and upgrade of department of fire services facilities; provided, that funds may also be provided for certain fire apparatus and specialty vehicles .............................................................................................$7,500,000

8000-2019
For costs associated with state police laboratories and equipment, including, but not limited, to forensic lab equipment................................................................................................................................................ $1,500,000

8000-9012
For costs associated with the architectural design and engineering studies, preparation of plans and construction costs, including furnishings and equipment for a multiple function headquarters and training facility in the town of Stow, pursuant to section 21, for the department of fire services including, but not limited to, office and administrative space, technical firefighting training space, a firefighter burn building, a firefighter training tank, a computer laboratory and technical development center, a cafeteria, dormitories and a parking facility ..............................................................................................................$40,000,000

State Police.

8100-0004
For the replacement of state police cruisers; provided, that the state police shall develop a 5-year plan where 509 vehicles or 20 per cent of the department's vehicles shall be replaced each fiscal year over a 5 year period; provided further, that the department shall report annually to the house and senate committees on ways and means the number of vehicles and condition of each vehicle replaced each year under this plan; provided further, that the report shall also include, but not be limited to, the total amount spent in each fiscal year; and provided further, that the first such report shall be filed on January 1, 2003................................................................................................................................................... $60,000,000

Massachusetts Emergency Management Agency.

8800-2096
For the Massachusetts Emergency Management Agency to administer a grant program to cities and towns for the purpose of providing them with technical support and assistance in developing Local Emergency Plans to bring them into compliance with federal laws and regulations regarding the development of first responder plans and regional response plans; provided, that the Massachusetts Emergency Management Agency shall report to the house and senate committees on ways and means prior to March 1 of each year detailing expenditures from this program .................................................................$1,500,000

Sheriffs.

8910-0024 `tc4 For the planning, studies, construction, renovation, reconstruction, alteration, improvement, demolition, repair, life safety and other facility improvements at correctional facilities operated by the sheriffs of the commonwealth ...$30,000,000

SECTION 3. The division of capital asset management and maintenance may transfer up to two per cent from each item authorized in section 2, to an account to be established for the purpose of supporting salaries and administrative expenses of the division associated with projects authorized in said section 2, such amounts as may be required therefore.

SECTION 4. To meet the expenditures necessary in carrying out sections 2 the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth, in an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, the sum of $762,328,784. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Capital Outlay Loan, Act of 2002, and shall be issued for such maximum terms 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, but all such bonds shall be payable not later than June 30, 2027. All interest and payments on account of principal of such obligations shall be payable from the General Fund, unless otherwise specified. Bonds and interest thereon issued under the authority of this section, notwithstanding any other provision of this act, shall be general obligations of the commonwealth.

SECTION 5. Section 5 of chapter 273 of the acts of 1994, is hereby amended by striking out the figure "$580,202,254", inserted by section 16 of chapter 55 of the acts of 1999, and inserting in place thereof the following figure:- $579,202,254.

SECTION 6. Item 7504-7960 of section 2 of chapter 267 of the acts of 1995 is hereby amended by adding the following words:- ; provided, that Cape Cod Community College may borrow $3,000,000 through the Massachusetts Health and Educational Facilities Authority for the planning, design and construction of a new technology building, including the cost of furnishings and equipment, in addition to the amounts authorized in this item.

SECTION 7. Section 3 of said chapter 267 is hereby amended by striking out the figure $621,678,911, inserted by section 24 of chapter 55 of the acts of 1999, and inserting in place thereof the following figure:- $635,678,911.

SECTION 8. Item 1102-7967 of section 2 of chapter 12 of the acts of 1996 is hereby amended by striking out the figure "$198,755,000", inserted by section 27 of chapter 55 of the acts of 1999, and inserting in place thereof the following figure:- $218,755,000.

SECTION 9. Item 8199-7967 of said section 2 of said chapter 12 is hereby amended by striking out the figure "$10,000,000" and inserting in place thereof the following figure:- $13,000,000.

SECTION 10. Section 3 of said chapter 12 is hereby amended by striking out the figure "$492,250,860" inserted by section 28 of chapter 55 of the acts of 1999, and inserting in place thereof the following figure:- $515,250,860.

SECTION 11. Section 4 of chapter 205 of the acts of 1996 is hereby amended by striking out the word "eighty-six", inserted by section 49 of chapter 235 of the acts of 2000, and inserting in place thereof the following figure:- ninety-six.

SECTION 12. Section 103 of said chapter 205 is hereby amended by striking out, in lines 18 and 19, the words "two thousand and one" and inserting in place thereof the following figure:- 2006.

SECTION 13. The first sentence of the first paragraph of section 3 of chapter 11 of the acts of 1997 is hereby amended by striking out the figure "$345,000,000" and inserting in place thereof the following figure:- $298,242,427.

SECTION 14. Subsection (a) of section 5 of chapter 189 of the acts of 1998 is hereby amended by inserting after the definition "commissioner" the following definition:-

"Construction management at risk", a construction method wherein there is an entity which is responsible for the construction of the project at a guaranteed maximum price, which shall represent the maximum amount to be paid by the commissioner for construction of the project, including the fee payable to the construction manager at risk.

SECTION 14A. Said subsection (a) of said section 5 of said chapter 189 is hereby further amended by inserting after the definition of "design/build" the following definition:-

"Division", the division of capital asset management and maintenance.

SECTION 15. Subsection (c) of said section 5 of said chapter 189 is hereby amended by inserting after the term "design/build", in lines 6 and 7, each time they appear, the following words:- or construction management at risk.

SECTION 16. Said subsection (c) of said section 5 of said chapter 189 is hereby further amended by inserting after the word "subsection (d)", in line 9, the following words:- or the commissioner may develop a procedure for the procurement of construction management at risk services.

SECTION 16A. Subsection (d) of said section 5 of said chapter 189 is hereby further amended by striking out the introductory paragraph and inserting in place thereof the following introductory paragraph:-

The commissioner shall develop procedures for site selection or procurement of contractor services utilizing design/build or construction manager at risk services consistent with subsection (c), in consultation with the office of the inspector general. For the selection of design/build services, the procedures shall include, but not be limited to, the following provisions.

SECTION 17. Subsection (e) of said section 5 of said chapter 189 is hereby amended by inserting after the term "design/build", in lines 2 and 6, each time they appear, the following words:- and construction manager at risk.

SECTION 18. Said section 5 of chapter 189 is hereby further amended by adding the following subsection:-

(f)(1) 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 commissioner. Such procedures shall, at a minimum, provide for the following: (i) a publicly advertised request for qualifications shall be issued by the commissioner; (ii) the commissioner shall determine based upon the responses to the request for qualifications which respondents are the most qualified to perform the contract; (iii) a request for proposal shall be issued to each respondent determined by the commissioner to be most qualified to perform the contract; (iv) the commissioner shall evaluate the responses to the request for proposal, including any fee proposals, and shall rank the offerors based upon that evaluation; (v) the commissioner shall engage in negotiations with the offeror ranked highest; (vi) the contract shall be awarded to the offeror that represents the highest ranked proposal to the commissioner, after consideration of any fee proposal and other facts; (vii) to the extent that a contract cannot be successfully negotiated with the offeror ranked highest by the commissioner, the commissioner shall engage in negotiations with the next highest ranked offerors until such time as a contract can be successfully negotiated.

(2) The commissioner'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 commissioner for construction of the project, including the fee payable to the construction manager. Following the award of the contract to he construction manager, at such time as the commissioner and the construction manager shall agree, the construction manager shall submit a proposed guaranteed maximum price. The commissioner shall analyze the proposed guaranteed maximum price and enter into negotiations with the construction manager to agree upon a guaranteed maximum price for a project. In the event that a guaranteed maximum price cannot be agreed upon between the commissioner and the construction manager, the commissioner shall engage another construction manager in accordance with the provisions of this section.

(3) The commissioner shall establish a trade contractor selection process for all sub-bid classes of work under section 44F of chapter 149 of the General Laws and for all other classes of work selected by the awarding authority for the project for any other trades provided the sub-bid work meets the threshold value of that section. All trade contractors seeking to provide services in connection with the construction of the project, shall be prequalified in order to be eligible to bid on any work for the provision of labor, material or equipment. A request for qualifications shall be issued for each trade contract. The commissioner shall establish a subcontractor prequalification team for the project. The prequalification team shall be comprised of 2 employees of the division who have had management roles in the construction of large buildings, a representative from the designer, a representative from the construction manager and a subcontractor appointed by the Associated Subcontractors of Massachusetts, Inc. The prequalification team, in consultation with the commissioner, shall determine, based upon the responses to the request for qualifications, which respondents are most qualified to perform the contract.

Trade contractors shall be prequalified as follows. The construction manager shall develop detailed information describing the work required for each trade contractor and provide this information to the division. The division shall advertise requests for qualifications, RFQ, in the central register and Dodge reports for each trade. The RFQ shall contain at a minimum the following: (i) the date, time and place for submission; (ii) the background, authority, project information and bidding process; (iii) the criteria for evaluation and selection process; (iv) the respondents names to be posted but no public opening of proposals; (v) contents of proposals shall be confidential until completion of evaluations. The RFQ shall identify the criteria for evaluation, which shall consist of the following, without limitation: (i) business history; (ii) comparable experience; (iii) past performance and references; (iv) volume of work in place for the last 3 years; (v) projected workload for the next 3 years based on current contractual commitments; (vi) listing of all claims, litigation, administrative proceedings, failures to meet schedule, direct payment claims, terminations and invocation of payment or performance bonds. The prequalification team shall evaluate the RFQ keeping a record of the consideration of each applicant based on criteria established and a numerical scoring system. Scores of more than 70 shall be required out of a possible 100 to be prequalified.

Trade contractors shall be selected as follows. The division shall provide to all prequalified trade contractors 1 copy of a request for bids for subcontracting services, RFB. The RFB shall include, without limitation, the following attachments: (i) detailed drawings and specifications by class of work in accordance with paragraph (a) of subsection 1 of 44F of chapter 149 of the General Laws; (ii) drawings and specifications that provide for full competition for each item of material to be furnished under the contract as set forth under subsection (b) section 39M of chapter 30 of the General Laws; (iii) a list of prequalified trade contractors; (iv) a trade contractor bid form, which shall require, without limitation, the names of all subtrade contractors to be used if awarded the trade contract at the subtrade contract price; (v) an affidavit of tax compliance; (vi) an affidavit of prevailing wages compliance; (vii) a noncollusion affidavit; (viii) a bid bond and deposit requirement and form; and (ix) a trade contractor agreement form as set forth in said section 44F of said chapter 149. The prequalified trade contractors shall submit bids per the bid package requirement. Bids shall be opened publicly by the division and shall be awarded to the lowest eligible bidder in accordance with subsection (3) of section 44A of said chapter 149; provided, however, that a trade contract may be awarded by the commissioner to other than the lowest responsive bidder upon written justification by the commissioner who shall explain the reasons for the award in writing and shall maintain such explanation in its files for at least 6 years after the date of final payment under the contract. Provision shall be made to allow the construction manager who has established a guaranteed maximum price to reject bids which exceed its budget and allow for limited redesign. The provisions of section 26 to 27F, inclusive, and sections 29 and 44H of said chapter 149 shall apply to the contract between the commissioner and the construction manager and all trade contracts awarded pursuant to this section.

The contract between the commissioner and the construction manager shall contain the following provisions: within 15 days after receipt from the construction manager at the place designated by the commissioner, if such a place is so designated, of a periodic estimate requesting payment of the amount due for the preceding month, the commissioner shall 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 division, less: (1) a retention based on its estimate of the fair value of the division claims against the construction manager; 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 adjusted contract price; or (b) the construction manger substantially completes the work and the division takes possession for occupancy, whichever occurs first, the division 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.

The construction manager shall make periodic payment to the trade contractor as required by section 39F of chapter 30 and the trade contractor, for this purpose, shall have all rights to pursue direct payments from the construction manager as is accorded subcontractors demanding payment for general contractors under section 39F of said chapter 30.

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.

SECTION 19. Item 8700-7997 of section 2 of chapter 289 of the acts of 1998 is hereby amended by adding the following words:- ; provided, that funds shall be available directly to the city of Newburyport for the purposes of developing a senior center on the Newburyport Armory site.

SECTION 20. Section 27A of chapter 235 of the acts of 2000 is hereby amended by striking out, in line 1, the number "7462-7965", and inserting in place thereof the following number:- 7452-7965.

SECTION 21. Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance may make expenditures to the Massachusetts State College Building Authority for the purpose of completing fire safety improvements in buildings owned by said authority from any general obligation bond-funded account which has been appropriated as of the effective date of this act for the maintenance and repair of state college buildings and such expenditures shall be made in a manner that will enable the authority to enter into contracts for such work.

SECTION 22. Section 40B of chapter 7 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 8, the figure "$500,000" and inserting in place thereof the following figure:- $1,000,000.

SECTION 23. (a) Notwithstanding any general or special law to the contrary, the department of highways may take by eminent domain on behalf of the commonwealth under chapter 79 of the General Laws land located in the city of Quincy as necessary for the construction, operation and maintenance of retention ponds for the purpose of alleviating and preventing flooding.

(b) Upon completion of construction, the department of highways shall transfer, notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws, all property acquired under subsection (a), together with improvements constructed thereon, to the city of Quincy. The transfer shall include appropriate restrictions to ensure that the property shall be used solely for maintenance of the retention ponds and other conservation purposes consistent with this act.

SECTION 24. (a) The commissioner of capital asset management and maintenance, acting in consultation with the department of environmental management, may, notwithstanding sections 40F> and 40H of chapter 7 of the General Laws, transfer from the department of environmental management to the department of fire services, the parcels of land described in subsection (b). The commissioner may change the use of the parcels from conservation and recreation to public safety and training.

(b) The parcels to be transferred are parcels 1 and 3 as shown on a preliminary plan of land entitled "Parcels to be Transferred from the Department of Environmental Management to the Department of Fire Services, Ducharme & Wheeler, Inc. 1092 Main Street, Bolton, MA 01740" on file with the division of capital asset management and maintenance. Parcel 1 contains 8.73 acres, more or less, and includes property leased to the department of fire services in accordance with chapter 285 of the acts of 1984. Parcel 3 contains approximately 50 acres of land, more or less. The commissioner may revise the plan after consultation with the department of environmental management.

(c) The department of fire services shall pay as compensation for the parcels described in subsection (b) the fair market value of the property subject to the use restrictions currently held by the United States or the fair market value of the property, free of such United States restrictions, for the use described in subsection (a), in both cases valued as though vacant, whichever is greater. The value shall be determined by the commissioner on the basis of an independent professional appraisal approved under subsection (d). Payment for the parcels shall be deposited in the Conservation Trust and shall be used by the department of environmental management for the procurement of replacement lands as required by the United States in order for it to grant a release of the use restrictions currently held on the parcels described in subsection (b). The department of environmental management shall obtain the written approval of the United States Department of the Interior and the National Park Service before the purchase of any replacement property and shall file a copy of the written approval with the commissioner of capital asset management and maintenance.

(d) Before the delivery of any care and control agreement, the commissioner of capital asset management and maintenance shall file a copy of the appraisal with the inspector general. The inspector general shall, within 30 days of receipt of the appraisal, review the methodology utilized for the appraisal. The inspector general shall prepare a report of his review and comments, if any, and file this report with the commissioner of capital asset management and maintenance. The commissioner of capital asset management and maintenance shall submit the report and, upon its execution, any agreement authorized by this section, or any subsequent amendment thereof, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration.

(e) The department of fire services shall pay for all costs of the transfer authorized by this section including, without limitation, cost of surveys, title exams, appraisals and site assessments required by the commissioner of capital asset management and maintenance.

(f) No transfer between the department of environmental management and the department of fire services shall be valid unless the United States Department of the Interior and the National Park Service, release, in writing, all existing reuse restrictions on the property described in subsection (b).

SECTION 25. Notwithstanding any general or special law to the contrary, the unexpended balance of the bond-funded authorizations which are listed in this item, and any allocations thereof, shall cease to be available for expenditure on the effective date of this act: 0330-7979; 0330-8968; 0330-9998; 1102-0961; 1102-0964; 1102-3912; 1102-6977; 1102-7870; 1102-7872; 1102-7882; 1102-7890; 1102-7958; 1102-7959; 1102-7974; 1102-7977; 1102-7979; 1102-8812; 1102-8878; 1102-8888; 1102-8890; 1102-8962; 1102-8978; 1102-9802; 1102-9880; 1102-9884; 1599-3914; 1599-8000; 2100-3914; 2120-7977; 2120-7978; 2120-8861; 2420-1402; 2441-9800; 2511-3914; 3722-8872; 3722-8873; 3722-8874; 3722-8894; 3722-9959, 4070-8831; 4097-8831; 4311-7890; 4315-8841; 4530-7977; 4530-8300; 4530-8500; 4530-8600; 4530-9999; 4533-7890; 4537-7891; 4540-8881; 5011-8842; 5377-8841; 5500-8400; 5500-8500; 5500-8700; 5500-8800; 5500-8900; 5500-9000; 5500-9230; 5500-9999; 5800-7977; 5800-8110; 5800-8400; 5800-8610; 5800-9999; 5911-0894; 5911-3914; 5911-7894; 6000-8969; 6001-9680; 6001-9699; 6005-8880; 6010-7957; 6033-0001; 6033-0002; 6033-0003; 6033-0020; 6033-0022; 6033-0023; 6033-0024; 6033-0027; 6033-0029; 6033-0030; 6033-0033; 6033-0034; 6033-0035; 6033-0040; 6033-0041; 6033-8051; 6033-8827; 6033-8830; 6033-8888; 6033-9502; 6033-9518; 6033-9559; 6033-9560; 6033-9569; 6033-9572; 6033-9604; 6033-9620; 6033-9655; 6034-9606; 6035-9502; 6035-9512; 6035-9517; 6035-9569; 6035-9577; 7007-9513; 7109-0961; 7110-0960; 7111-7891; 7112-0960; 7113-7978; 7114-0960; 7115-0960; 7116-0960; 7116-0961; 7220-2961; 7310-2965; 7310-7978; 7416-7978; 7502-3914; 7502-7957; 7504-7892; 7506-0162; 7506-0961; 7506-0964; 7506-7960; 7507-7960; 7508-7871; 7509-7960; 7510-7960; 7512-7960; 7515-7960; 7518-7871; 8000-7950; 8000-8958; 8314-7977; 8324-8958; 8700-7977; 8900-3914; 8900-7977; 8910-0398; 8910-0697; 8910-0698; 8910-0904; 8910-9123; 8950-9998; 9000-8968.
[This section was vetoed by the Acting Governor - see Veto Message - Senate, No. 2467]

SECTION 26. Notwithstanding any general or special law to the contrary, the following bond-funded appropriations are hereby reduced by the amount specified below for each item.

1102-8899 $4,000,000
3722-8871 $662,725
3722-8891 $2,822,017
3722-8892 $15,692,269
4000-8200 $12,000,000
4530-8400 $5,500,000
5095-8872 $2,000,000
5500-8300 $1,500,000
5500-9400 $7,000,000
6001-9610 $2,500,000
6033-8878 $1,000,000
6033-9117 $4,410
6033-9130 $4,068
6033-9169 $61,248
6033-9539 $1,000,000
6033-9555 $2,782,244
6033-9717 $23,000,000
6035-9559 $5,000,000
7504-7960 $1,700,000

[This section was vetoed by the Acting Governor - see Veto Message - Senate, No. 2467]

Approved August 10, 2002.


Error