CAPITAL ASSET MANAGEMENT AND MAINTENANCE

M.G.L. pt. Part I, tit. Title II, ch. c. 7C

in effect

M.G.L. c. 7C, § 1 Definitions applicable to this chapter and chapter 29

c. 7C, § 1. Definitions applicable to this chapter and chapter 29 Section 1. As used in this chapter and chapter 29, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Acquisition'', obtaining by gift, purchase, devise, grant, eminent domain, rental, rental-purchase or otherwise. ''Addition'', work which will result in an increase in the overall external dimension of a facility. ''Administering agency'', the public agency acting on behalf of a using agency, ''Alteration'', work required to modify or adjust the interior space arrangement or other physical characteristics of an existing facility so that it may be more effectively utilized for its presently designated functional purpose. ''Building authority'', the University of Massachusetts Building Authority, the Massachusetts State College Building Authority or any other building authority which may be established for similar purposes. ''Building project'', a capital facility project undertaken for the planning, acquisition, design, construction, demolition, installation, repair or maintenance of any building and appurtenant structures, facilities and utilities, including initial equipment and furnishings thereof; provided, however, that appurtenant buildings or structures which are required to be constructed as integral parts of the development of sewer, water and highway systems shall not be subject to section 46. ''Capital facility'', (i) a public improvement such as a building or other structure; (ii) a utility, fire protection and other major system and facility; (iii) a power plant facility and appurtenances; (iv) a heating, ventilating, air conditioning or other system; (v) initial equipment and furnishings for a new building or building added to or remodeled for some other use; (vi) a public parking facility; (vii) an airport or port facility; (viii) a recreational improvement such as a facility or development in a park or other recreational facility; or (ix) any other facility, which by statute or under standards as may be prescribed from time to time by the commissioner of capital asset management and maintenance, according to this section, may be defined as such; provided, however, that a capital facility shall not include a highway improvement, such as a highway, bridge or tunnel or other structure or building integral to the operation of the state highway system, or a transportation improvement such as a mass transportation or other public transit facility; and provided further, that a capital facility shall not include an improvement in information technology to the extent it does not result in the creation or expansion of tangible property. ''Capital facility project'', an undertaking by a public agency for the planning, acquisition, design, construction, demolition, installation, repair or maintenance of a capital facility. ''Commissioner'', the commissioner of capital asset management and maintenance. ''Construction'', new construction, alteration, renovation, rehabilitation or other activity that is intended to result in a significant increase in internal usable space. ''Control and supervision'', authority to perform or contract for performance. ''Conversion'', work required to modify or adjust the interior space arrangement or other physical characteristics of an existing facility so that it may be effectively utilized for a new functional purpose. ''Counties'' means the following counties, exclusive, Barnstable, Bristol, Dukes, Nantucket, Norfolk and Plymouth. ''Energy audit'', in-depth engineering analysis of factors causing energy waste in building that investigates the amount and cost of energy waste and compares the energy waste with the expense of remedying the energy waste on a cost-effective basis. ''Energy conservation projects'', projects to promote energy conservation, including but not limited to energy conserving modification to windows and doors; caulking and weatherstripping; insulation, automatic energy control systems; hot water systems; plant and distribution system modifications including replacement of burners, furnaces or boilers; devices for modifying fuel openings; electrical or mechanical furnace ignition systems; utility plant system conversions; replacement or modification of lighting fixtures; energy recovery systems; and, cogeneration systems. ''Maintenance'', day-to-day, routine, normally recurring repairs and upkeep. ''Master plan'', a study or description of a complex or group of buildings or any large or multi-faceted project which is intended to ensure that the various components of the complex shall be compatible with each other, and that the project as a whole shall be compatible with its surroundings. ''Oversight'', control and supervision, except for final approval of any contract, pre-design or design document or any alteration or modification thereof, payment, certificate of substantial completion, use and occupancy, or final acceptance. ''Planning'', in reference to a particular capital facility project, the preparation of a master plan, study, program or similar report or analysis the purpose of which is to define the content, cost, and schedule of the project so as to establish a frame of reference prior to design, acquisition, construction, demolition, installation, or maintenance. ''Program'', a document which defines a capital facility project in terms of its content, time, and cost so that it provides a clear and detailed frame of reference for the design and implementation process, the preparation of such document involving the gathering of data and the analysis of cost necessary to (i) the production of content, time and cost plans based on criteria deriving from those originally defined by any study or similar report and as finally stated within the body of the program itself and (ii) the evaluation of those plans in terms of such criteria. ''Public agency'', a department, agency, board, commission, authority, or other instrumentality of the commonwealth or political subdivision of the commonwealth or 2 or more subdivisions thereof. ''Real property'', land, buildings, appurtenant structures and fixtures attached to buildings or land, including where applicable, all interests in real property, whether created by title, lease, easement or any other legal interest. ''Renovation'', work required to restore and modernize most or all of a facility in order that the facility may be effectively utilized for its designated functional purpose or to comply with current code requirements. ''Repair'', work required to restore a facility or system to such condition that it may continue to be approximately and effectively utilized for its designated purpose by overhaul, reprocessing or replacement of constituent parts or materials which have deteriorated by action of the elements or wear and tear in use. ''State agency'' or ''state department'', a legal entity of state government established by the general court as an agency, board, bureau, department, office or division of the commonwealth with a specific mission that may report to cabinet-level units of government known as executive offices or secretariats or may be independent divisions or departments; provided however, that for the purposes of sections 32 to 40, inclusive, state agency shall not include counties. ''Study'', a feasibility or other study to identify and evaluate alternative solutions to and recommend a solution to the needs and requirements defined by the public agency proposing a capital facility project which may involve a further definition of that agency's needs and requirements, gather additional information on the nature of the project, develop and review potential solutions to those needs and requirements, evaluate the financial, environmental, and other aspects of such solutions, estimate the degree to which solutions do not fulfill proposed objectives and criteria, and recommend a means of project implementation and site acquisition. ''Using agency'', the public agency which will be the major user of a capital facility project or the occupant of a building project. ''Utility systems projects'', installation, extension or replacement of systems for the provision of sewer, water and electrical service, power plant facilities and appurtenances, heating, ventilating and air conditioning, elevators, fire escapes, sprinklers and automatic fire alarms and telephone communications. The commissioner of capital asset management and maintenance, after review by interested public agencies who may seek to initiate capital facility projects, shall establish standards as to what shall constitute a capital facility and what shall be a capital expenditure for the purpose of defining what shall constitute a capital facility project.

M.G.L. c. 7C, § 2 Commissioner of capital asset management and maintenance; appointment; duties and responsibilities

c. 7C, § 2. Commissioner of capital asset management and maintenance; appointment; duties and responsibilities Section 2. The commissioner of capital asset management and maintenance shall be appointed by the secretary of administration and finance, with the prior written approval of the governor, and may be removed in like manner. The commissioner shall be a person of ability and experience, shall be familiar with the principles of the systematic and coordinated planning of capital facilities and shall carry out such functions and duties as the commissioner may from time to time deem necessary for the efficient and economical administration of the capital assets of the commonwealth including, but not limited to, the systematic review of capital assets, the scheduling of routine and schedule maintenance repairs, tracking the deferred maintenance needs of capital assets and the coordinated planning of capital facilities in relation to the programmatic needs of state agencies. The commissioner shall devote his entire time to the duties of his office. No person holding such position shall be subject to chapter 31 or section 9A of chapter 30. Except as otherwise provided in this chapter or any other statute or appropriation act, the commissioner of capital asset management and maintenance shall be responsible for: (a) integrated and coordinated planning and budgeting of capital facilities on an annual and long-term basis; (b) acquisition, allocation and disposition of real property; (c) direction, control, supervision and oversight as to the planning, design, construction, demolition, installation, repair and maintenance of specific capital facilities and capital facility projects; (d) efficient management of the operation of the division of capital asset management and maintenance as a whole and the proper coordination of the work of and effective operation of individual offices, bureaus, and other sections which might be located therein. The commissioner may, subject to appropriation, appoint deputy commissioners and associate deputy commissioners and legal counsel as appropriate and may authorize such deputy commissioners or associate deputy commissioners or legal counsel to act in his stead in particular matters or classes of matters. (e) direction, control, supervision, planning and oversight of the scheduled maintenance and repair needs of capital assets owned by the commonwealth. The commissioner shall promulgate rules and regulations under chapter 30A. The commissioner shall administer programs placed under his direction, undertake any special studies and investigations and submit reports and render 1 advice thereon as may be requested by the secretary of administration and finance and as required by the general court. The commissioner and his staff shall provide information to and cooperate with the general court or any of its committees in connection with the development and analysis of any long term capital facilities development plan or capital budget proposal. The commissioner of capital asset management and maintenance may, in furtherance of the function of his office, accept and receive funds, grants and services from the federal government or its agencies, and from departments, agencies and instrumentalities of state and local government or from private individuals, trusts and estates. The commissioner may from time to time contract for professional services in connection with the work of the division.

M.G.L. c. 7C, § 3 Coordination of capital facility project plans and programs

c. 7C, § 3. Coordination of capital facility project plans and programs Section 3. The commissioner of capital asset management and maintenance shall advise the governor and the secretary of administration and finance on the means and methods available to coordinate capital facility project plans and programs of all public agencies and the federal government in order to establish relative priorities and to avoid duplication and conflicts. The commissioner shall create a central depository for planning documents as they relate to that end, and amendments thereto and revisions thereof prepared by or for public agencies. Effective on the effective date of this act, every public agency shall submit a list and description of such documents as currently exist and as they are promulgated and upon the commissioner's request, submit to him a copy thereof. The commissioner may by rule and regulation identify the documents required to be submitted. The division of capital asset management and maintenance, if it is not designated as the state clearinghouse as provided for by the federal Intergovernmental Cooperation Act of 1968, as amended, and regulations promulgated pursuant thereto, shall be notified in a timely manner by the agency designated as the state clearinghouse as to any capital facility projects being reviewed by said agency. The commissioner of capital asset management and maintenance shall review such projects in light of current long range capital facility plans and other programs and policies of the commonwealth and submit his comments and recommendations to the agency designated as the state clearinghouse.

M.G.L. c. 7C, § 4 Jurisdiction of division of capital asset management and maintenance over capital facility projects

c. 7C, § 4. Jurisdiction of division of capital asset management and maintenance over capital facility projects Section 4. Except as otherwise provided in this section or by any other statute or appropriation, the division of capital asset management and maintenance shall exercise jurisdiction over capital facility projects to the extent provided below: (1) Control and supervision of all building projects undertaken by any state agency, except to the extent provided for by sections 5 and 26 and that the division shall exercise oversight jurisdiction over building projects undertaken by a state agency that are financed or funded from sources other than an appropriation or the issuance of bonds, notes or other evidences of indebtedness of the commonwealth. Using agencies shall cooperate in any inquiries or inspections conducted by the division of capital asset management and maintenance. (2) Oversight as to building projects undertaken by any building authority, except to the extent provided for by sections 5 and 26. Building authorities shall cooperate in any inquiries or inspections conducted by the division of capital asset management and maintenance to ensure conformity with all applicable standards and guidelines. (3) For housing projects within the jurisdiction of the executive office of housing and livable communities, the division of capital asset management and maintenance shall provide only for the establishment of minimum requirements for record keeping and reporting by the executive office and the operating agencies defined by section 1 of chapter 121B, and review of and recommendation as to the standards and guidelines for, direction, control, and supervision of their building projects. The executive office and operating agencies shall cooperate with the division of capital asset management and maintenance, regarding inquiries and inspections conducted as to housing projects within their respective jurisdictions. (4) For all capital facility projects of cities and towns for which specific approval or authorization by the general court or a state agency is otherwise required and for all capital facility projects of all other public agencies not included within the scope of paragraphs (1), (2), and (3), establishment of requirements for record keeping and reporting by the administering agency as to control and supervision of capital facility projects, so that the division of capital asset management and maintenance may assess the nature, scope and programs of all planned or current capital facility projects and fulfill its responsibilities as defined by this chapter and other relevant statutes. For the purposes of identifying agricultural lands, the commissioner shall utilize criteria established by the secretary of environmental affairs. Such criteria shall determine agricultural land according to past and present agricultural use, and according to the agricultural production suitability of land as defined by the standards of the United States Department of Agriculture Soil Conservation Service. For all capital facility projects or programs funded in whole or in part by federal funds, the record keeping and reporting requirements established pursuant to this paragraph and other relevant statutes may be satisfied by the federal requirements, but only to the extent that the state requirements duplicate the federal requirements or materially conflict with them. State and federal requirements shall be deemed to be materially conflicting only when it would be impossible or unduly burdensome to comply with both sets of requirements. Neither this provision nor any other provision of sections 1 through 32, inclusive, and sections 32 to 40, inclusive, is intended or shall be construed to limit the authority of any public agency, other than those specified in paragraphs (1) and (2), to control and supervise any capital facility project undertaken by that agency.

M.G.L. c. 7C, § 5 Building project control and supervision by commissioner; delegation of project control and supervision to state agency or building authority

c. 7C, § 5. Building project control and supervision by commissioner; delegation of project control and supervision to state agency or building authority Section 5. The commissioner shall, in a manner and to the extent provided by this chapter, control and supervise any building project to be undertaken by a state agency or building authority when the estimated cost of the project exceeds $250,000 and involves structural or mechanical work. The commissioner may, upon request of a state agency or building authority, delegate project control and supervision to that state agency or building authority over projects involving structural or mechanical work whose estimated cost is less than $5,000,000 if the commissioner determines that the agency or authority has the ability to control and supervise such project. Except as otherwise provided in this section, any state agency or building authority shall control and supervise its own building projects when the estimated cost of such project is less than $250,000, or if the project does not involve structural or mechanical work. Notwithstanding the foregoing, the commissioner may delegate control and supervision over projects involving structural or mechanical work with an estimated cost of less than $10,000,000 to the University of Massachusetts if the commissioner determines that the University of Massachusetts has the ability to control and supervise such project. As used in this section, ''estimated cost'' shall mean the estimated construction cost stated in a study or program prepared in accordance with section 59.

M.G.L. c. 7C, § 6 Affirmative marketing program to ensure fair participation of minority-owned and women-owned businesses on capital facility projects and state assisted building projects

c. 7C, § 6. Affirmative marketing program to ensure fair participation of minority-owned and women-owned businesses on capital facility projects and state assisted building projects Section 6. (a) The general court finds that: (1) the Massachusetts commission against discrimination conducted hearings and investigations which documented a history of discrimination against minorities and women in the commonwealth; (2) and in 1994, the executive office of transportation and construction produced a disparity study which documented a history of discrimination against minority and women owned businesses, in which the commonwealth's agencies were participants; (3) this discrimination against minorities and women currently affects the use of minority and women owned businesses in state contracting; (4) the commonwealth has a compelling interest in promoting the use of minority owned business and women owned businesses through the use of the available and qualified pool of minority and women owned businesses; (5) it is the policy of the commonwealth to promote equality in the market and, to that end, to encourage full participation of minority and women owned businesses in all areas of state contracting, including contracts for construction, design, goods and services; and (6) in order to advance that policy, the commonwealth shall include language in all state construction contracts and state assisted construction contracts setting forth the participation goals of minority and women workers to be employed on each such contract and the processes and procedures to ensure compliance with those workforce participation goals, including reporting and enforcement provisions. (b) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Affirmative marketing program'', a program of race and gender conscious goals to promote equality in, and to encourage the participation of, minority-owned businesses and women-owned businesses in contracts for capital facility projects and state assisted building projects; ''Capital facility project'', shall have the same meaning as found in section 1 when the project is under the control of the division of capital asset management and maintenance; ''Design services'', any of the following services provided by any designer, programmer, or construction manager in connection with any public building project: (i) preparation of master plans, studies, surveys, soil tests, cost estimates or programs; (ii) preparation of drawings, plans, or specifications, including, but not limited to, schematic drawings, preliminary plans and specifications, working plans and specifications or other administration of construction contracts documents; (iii) supervision or administration of a construction contract; (iv) construction management or scheduling. ''Minority'', a person with a permanent residence in the United States who is American Indian, Black, Cape Verdean, Western Hemisphere Hispanic, Aleut, Eskimo, or Asian. ''Minority-owned business'', any contracting or subcontracting business, or businesses that supply the contractors and subcontractors which is beneficially owned by one or more minority persons as follows: (i) the business must be at least 51 per cent owned by minority persons; in the case of a corporation having more than one class of stockholders, the ownership requirement must be met as to each class of stock; (ii) the minority owners shall demonstrate that they have dominant control over management; (iii) the business has not been established solely for the purpose of taking advantage of a special program which has been developed to assist minority businesses; (iv) in the case of a joint venture between a minority business meeting the requirements of clauses (i) to (iii), inclusive, and a non-minority business, the joint venture shall be found to be a minority business if the minority business meeting the requirements of said clauses (i) to (iii), inclusive, shall have more than one-half control over management of the project bid upon and shall have the right to receive more than one-half of the profits deriving from that project. ''State assisted building project'', a construction project undertaken by a political subdivision of the commonwealth or 2 or more subdivisions thereof for the planning, acquisition, design, construction, demolition, installation, repair or maintenance of a capital facility and whose costs are paid for, reimbursed, grant funded, or otherwise supported, in whole or in part, by the commonwealth; ''Supplier diversity office'' or ''SDO'', the supplier diversity office established in section 58A. ''Women-owned business'', any contracting or subcontracting business which is beneficially owned by 1 or more women meeting the requirements in clauses (i) to (iv), inclusive, of the definition of minority business, except that the terms ''women'', ''women owners'', and ''women-owned business'', shall be substituted for the terms ''minority'' and ''minority persons'', ''minority owners'', and ''minority business'' appearing in the definition. (c) The commissioner, in consultation with the director of the supplier diversity office, may establish an affirmative marketing program to ensure the fair participation of minority-owned and women-owned businesses on capital facility projects and state assisted building projects. The affirmative marketing program shall establish participation goals for minority-owned and women-owned business in the capital facility projects and state assisted building projects. The participation goals for minority-owned business and women-owned business shall be based upon the broadest and most inclusive pool of available minority-owned businesses and women-owned businesses interested in and capable of performing construction work and design services on the capital facility projects, state funded building projects, and state assisted building projects; but, the commissioner may establish both statewide and regional participation goals based upon the availability of minority-owned businesses and women-owned businesses. The supplier diversity office, or its successor agency, shall create and maintain a current directory of certified minority-owned businesses and women-owned businesses which will serve as one source of information in determining the pool of available minority-owned businesses and women-owned businesses. The commissioner and the director of SDO shall meet on a quarterly basis to determine the status of the implementation of the affirmative marketing program and what further steps both agencies consider necessary to achieve the purpose of this section. (d) Not later than January 15 of each year, the commissioner, in consultation with the director of supplier diversity office, shall establish participation goals for minority-owned businesses and women-owned businesses. The participation goals established under this section shall apply to capital facility projects and state assisted building projects. The participation goals shall be expressed as overall annual program goals which shall be applicable to the total dollar amount of contracts awarded for construction work and design services on capital facility projects and state assisted building projects for the calendar year. The commissioner shall publish in the central register, established under section 20A of chapter 9, the participation goals for minority-owned businesses and for women-owned businesses on capital facility projects and state assisted building projects. The participation goals for minority owned businesses and women owned businesses shall remain in effect until revised participation goals are established and published under this paragraph. The participation goals for minority owned businesses and women owned businesses, developed before the effective date of this section, under any existing executive order and in effect as of the January preceding the effective date of this section shall remain in effect until January 15 of the following year. The participation goals for minority-owned businesses and women-owned businesses shall be revised as necessary every 2 years thereafter. (e) The commissioner, in consultation with the director of the supplier diversity office, shall develop a written procedure by which a public agency may, for an individual capital facility project, adjust the participation goals for minority-owned business and women-owned business based upon the actual availability of minority-owned businesses and women-owned businesses, the geographic location of the project, the scope of work of the capital facility project, or other relevant factors. (f) The commissioner shall develop a written, good faith efforts waiver procedure by which public agencies may determine, at any time before the award of a contract, that compliance with the goals is not feasible and by which public agencies may reduce or waive the goals for an individual contract. (g) In connection with the affirmative marketing program, the supplier diversity office shall regularly review and, where necessary, modify its certification process to ensure that it operates effectively, and shall report annually to the secretary of administration and finance regarding these matters. (h) The commissioner shall be responsible for the overall management, monitoring, and enforcement of the affirmative marketing program, as the program relates to capital facility projects under the control of the division, established under this section. The commissioner may appoint a program director within the office of the commissioner to assist in program development, coordination and compliance. The program director shall also have responsibility for monitoring contract compliance within the division, addressing potential program violations and coordinating division enforcement activities with the supplier diversity office and the attorney general. (i) The commissioner shall by March 15 submit to the joint committee on state administration and regulatory oversight, the house and senate committees on ways and means, the clerks of the house and senate a report on the performance of the division's affirmative marketing program for the preceding year. The report shall, at a minimum, show the name and address of each such minority owned business and women owned business, its designation as a minority-owned or women-owned business, the contract or subcontract price, a description of the work performed on the contract by class of work, and project type, and shall show separately the total number of contracts awarded to minority-owned and women-owned businesses as a percentage of the total number of contracts awarded and as a percentage of the total contract price. (j) The secretary of administration and finance shall file an annual report with the house and senate clerks, who shall forward the report to the joint committee on state administration and regulatory oversight and the house and senate committees on ways and means. The report shall include the following information related to public construction and design services contracts administered by the executive offices listed in section 2 of chapter 6A, any department, office or division of said executive offices or the Massachusetts Department of Transportation: (1) the date each contract was entered into; (2) a brief description of each contract including the contract reference number, total contract dollar amount to be spent on the contract, the location of the project and whether the project receives federal aid and state funding; (3) the total amount of money expended, to date, on each contract; (4) the total amount of money expended, to date, with minority business enterprises and women business enterprises on the contract; (5) the name of each minority business enterprise and women business enterprise that performs work as a contractor, whether as a general or prime contractor or as a subcontractor, on the contract; (6) the total number of labor hours worked to date, on each contract organized by the zip code of each worker; (7) the total number of labor hours worked to date by women, expressed both in the form of a whole number and as a percentage; (8) the total number of labor hours worked to date by minorities, expressed both in the form of a whole number and as a percentage; and (9) any additional information required by the SDO. The report shall be filed quarterly each year and shall be made publicly available on the searchable website established under section 14C of chapter 7. (k) The commissioner shall promulgate regulations necessary to implement this section.

M.G.L. c. 7C, § 7 Court facilities acquisition, control, disposition, etc.; director of court facilities

c. 7C, § 7. Court facilities acquisition, control, disposition, etc.; director of court facilities Section 7. Except as otherwise provided in section 3 of chapter 211, the commissioner of capital asset management and maintenance shall: (1) be responsible for the acquisition, control and disposition of court facilities on behalf of the commonwealth, in the manner and to the extent provided in this chapter for other real property of the commonwealth; (2) provide facilities for the trial court, the appeals court and the supreme judicial court; (3) be responsible for planning and budgeting for such court facilities in the manner and to the extent provided in this chapter and in chapter 29 for capital facilities of state agencies; and (4) have jurisdiction over capital facility projects undertaken by the office of the chief administrative justice of the trial court for such court facilities in the manner and to the extent provided in this chapter and in chapter 149 for capital facility projects undertaken by state agencies. Notwithstanding any other general or special law to the contrary, all real property owned by the commonwealth for use as a courthouse, whenever such property was acquired, shall be held in the name of the commonwealth as provided in sections 32 and 33, and the division of capital asset management and maintenance shall hold the deeds to all such property as provided in section 39. There shall be within the division of capital asset management and maintenance a director of court facilities. The director of court facilities shall be appointed by the commissioner of capital asset management and maintenance with the advice of the chief administrative justice of the trial court and the approval of the secretary of administration and finance, and may be removed in like manner. Said position shall not be subject to section 9A of chapter 30 or chapter 31. Said director shall have the qualifications deemed necessary by the commissioner of capital asset management and maintenance. Said director shall perform such duties of said commissioner with respect to court facilities as said commissioner shall assign, including at least the duty to respond to any inquiry from a county, city or town or from the office of the chief administrative justice of the trial court regarding court facilities.

M.G.L. c. 7C, § 8 Duties of commissioner relating to the proper management of the operation of the division of capital asset management and maintenance and the coordination of offices located therein; uniform contract conditions; administrative units; performance measures; audits

c. 7C, § 8. Duties of commissioner relating to the proper management of the operation of the division of capital asset management and maintenance and the coordination of offices located therein; uniform contract conditions; administrative units; performance measures; audits Section 8. The commissioner of capital asset management and maintenance shall: (1) develop and operate automated management and information systems and provide data processing services; (2) develop and maintain all necessary financial management systems, as prescribed by the comptroller, that will permit the proper management of the capital facility program, including a system to administer payments to those contracting for services and supply of materials; (3) develop, justify and monitor internal operating budgets; (4) provide business services including central filing, printing, and reproduction, correspondence and word processing services; (5) perform or contract for performance of research on innovative methods for the acquisition, planning, design, construction, demolition, installation, and repair and maintenance of capital facilities; (6) give counsel on all legal matters affecting capital facility projects provided that this provision shall not preclude the employment of counsel by any office within the division of capital asset management and maintenance; (7) approve project budgets and the award of contracts; (8) recommend and where appropriate, certify for disbursement monies appropriated or authorized for capital facility projects; (9) establish guidelines and requirements for the preparation and retention of records and reports pertaining to the nature, scope and progress of capital facility projects; and (10) perform such other acts to assure the proper management of the operation of the division of capital asset management and maintenance and the proper coordination of the work of and effective operation of the individual offices located therein. The commissioner shall, after providing an opportunity for the attorney general and other interested parties to comment, promulgate and from time to time revise uniform contract conditions appropriate to the type of service being rendered to be incorporated in all contracts for services of that type related to capital facility projects. Such uniform contract conditions may be supplemented by but shall take precedence over additional contract conditions for any particular capital facility project. The commissioner may from time to time establish within the division of capital asset management and maintenance such administrative units, in addition to the offices of programming, project management and facilities management, necessary for efficient and economical administration of the work of said division; and when necessary for such purpose, the commissioner may abolish such unit or may merge any 2 or more of them. The commissioner shall prepare and keep current a general statement of the organization of said division and of the assignment of functions to its various administrative units, officials, and employees. Said statement shall be known as the ''description of organization'' of said division, and shall be kept on file in said division. The commissioner shall develop quantitative performance measures for each individual office and other administrative units located therein and for the division as a whole. Using such measures, the commissioner shall once each year prepare and submit to the secretary of administration and finance a report on the performance of the individual offices and of the division as a whole, comparing that performance with that of the previous 3 years, the reasons for any change, and recommending changes in the operation of the division and its offices, as will improve their performance. The directors of individual offices and the heads of other administrative units located in the division shall, upon request by the commissioner conduct internal, operational, financial, and compliance audits.

M.G.L. c. 7C, § 9 Reporting on progress of capital facility projects; analysis of real property acquired for use of state agencies; reporting of projects completed, in process or scheduled for the future; proposed capital repair and maintenance plan for state buildings

c. 7C, § 9. Reporting on progress of capital facility projects; analysis of real property acquired for use of state agencies; reporting of projects completed, in process or scheduled for the future; proposed capital repair and maintenance plan for state buildings Section 9. The commissioner shall, no less often than once every 3 months, prepare a comprehensive report on the progress of all capital facility projects subject to the jurisdiction of the division of capital asset management and maintenance as defined by section 5 but not including those for which a city or town is the administering agency. At the discretion of the commissioner, said reports may exclude capital facility projects with a total project cost of less than $25,000 for which the administering agency is other than a state agency. Said report shall include, but not be limited to, a statement of the name of each project, the administering agency and the using agency, a brief current description of the project and any substantial changes in the description of the project during the past 3 months, the source of funds, the state of progress of the project, a summary of the total and major costs of the projects as originally estimated and as currently expended or currently estimated to be expended, the original project schedule and the current and estimated progress of the project, and such other information as the commissioner may require be included. Said report shall be submitted to the secretary of administration and finance and the clerks of the house of representatives and the senate and shall be a public document. The commissioner of capital asset management and maintenance shall by February 15 of each year prepare a comprehensive annual report on the progress of all capital facility projects subject to the jurisdiction of the division of capital asset management and maintenance defined by section 4. At the discretion of the commissioner, said annual report need not include capital facility projects with a total project cost of less than $25,000 for which the administering agency is other than a state agency. Said annual report shall constitute 1 of the 4 reports required by the previous paragraph of this section but shall contain in addition to the information required in the previous paragraph for each capital facility project, the following data: the authorizations for and sources of funds and expenditure and unencumbered balances thereof; identification of the designers and contractors who have contracted with the administering agency to provide materials or services therefor, the administering agency's project and contract numbers, the value of the contracts and the amount of money paid in accordance with the contracts; and such other information as the commissioner may require be included. The commissioner shall also include in said report a statement of the problems which have arisen in the capital facility procurement programs and procedures of public agencies and specific recommendations for administrative and legislative action which are necessary to remedy such problems. Said report shall be submitted to the secretary of administration and finance and the general court and shall be a public document available for general distribution. The commissioner shall by February 15 of each year prepare a comprehensive report including, but not limited to, an analysis of the utilization, cost and method of acquisition of real property acquired for the use of state agencies; the sale or rental of such real property and revenue realized therefrom; and problems which have arisen in the management of real property by the commonwealth, with specific recommendations for administrative and legislative action necessary to remedy such problems. Said report shall be submitted to the secretary of administration and finance, the joint committee on state administration and regulatory oversight and the general court and shall be a public document available for general distribution. The commissioner shall develop and annually revise a proposed capital repair and maintenance plan for state buildings subject to the jurisdiction of the division of capital asset management and maintenance. The plan shall be based upon repair and maintenance schedules formulated for each building and group of buildings by the director of facilities management in accordance with sections 24, 26, and 28. In addition to developing capital repair and maintenance schedules for state buildings, the plan shall analyze the costs and benefits of continuing minor repairs versus the costs and benefits of major renovation, rehabilitation, or replacement of the state buildings. The commissioner shall by February 15 of each year, submit the proposed capital repair and maintenance plan required by this paragraph to the house and senate committees on ways and means and the chairs of the joint committee on state administration and regulatory oversight. The commissioner shall keep an up-to-date record, by years and cumulatively, on all capital repair and maintenance projects completed, in process, or scheduled for the future, on all building projects subject to the jurisdiction of the division of capital asset management and maintenance. The commissioner shall, by February 15 of each year, prepare a report, by years and cumulatively, on all capital repair and maintenance projects completed, in process, or scheduled for the future, on all capital facility projects, said report shall include narrative statements indicating why such repairs or maintenance on such projects have been or will be postponed or cancelled. A copy of said report shall be sent to the house and senate committees on ways and means, and to the chairs of the joint committee on state administration and regulatory oversight. The governor may, include in his capital outlay budget or request, a budget narrative statement, indicating why any and all repairs or maintenance on capital facility projects of the commonwealth, have been or will be postponed or cancelled. Upon completion of the final design of each state building project estimated to cost in excess of $5,000,000, the commissioner shall prepare an analysis detailing the maintenance costs projected annually over the useful life of the building. The commissioner shall, by February 16 of each year, prepare a report summarizing the annual maintenance costs projected for each building project described in this paragraph, for which final design was completed during the prior year. The report shall be filed with the chairs of the joint committee on state administration and regulatory oversight and the agency responsible for the operation and maintenance of the building project. In subsequent fiscal years for which the maintenance report indicates that maintenance will be required, the agency responsible for the operation and maintenance of the building shall include the projected annual maintenance costs contained in the report in its annual budget request, provided that revisions to the maintenance costs originally projected by the commissioner shall be addressed in the agency's budget narrative. The commissioner shall be responsible for providing state agencies with comprehensive maintenance manuals for all new building projects constructed on behalf of an agency.

M.G.L. c. 7C, § 10 Advisory council on capital asset management and maintenance

c. 7C, § 10. Advisory council on capital asset management and maintenance Section 10. In order to assist himself in the performance of his functions the commissioner of capital asset management and maintenance shall establish an advisory council on capital asset management and maintenance which shall meet at such times as the commissioner shall set, but no less often than once every 3 months, to seek information, advice, and counsel as to the recommendation, establishment, and evaluation of priorities and schedules for the acquisition, planning, design, construction, demolition, installation, repair and maintenance of capital facilities. Such of the executive officers of public agencies directly responsible for the acquisition, planning, design, construction, demolition, installation, repair and maintenance of capital facilities or their designees as the commissioner may request shall attend those meetings.

M.G.L. c. 7C, § 11 Office of programming; director of programming

c. 7C, § 11. Office of programming; director of programming Section 11. There shall be located within the division of capital asset management and maintenance an office of programming headed by a director of programming. Said director shall be appointed by the commissioner of capital asset management and maintenance, with the prior written approval of the secretary of administration and finance, and may be removed in like manner. The position of director shall not be subject to chapter 31 or section 9A of chapter 30. No person shall be appointed director of the office of programming unless the person has extensive experience in the study and programming of buildings. The commissioner of capital asset management and maintenance shall be responsible for the exercise of all powers and the performance of all duties assigned by law to the office of programming, which shall be under his direction, control, and supervision.

M.G.L. c. 7C, § 12 Duties and responsibilities of director of programming

c. 7C, § 12. Duties and responsibilities of director of programming Section 12. Except as otherwise provided in this section or by any appropriation act, the director of programming shall, in the manner and to the extent provided by this section, have control and supervision of the study and programming of all capital facility projects of state agencies and building authorities. The director may appoint such deputies and other supervisory staff as the work of the office may require, subject to appropriation and the commissioner's approval. Such staff shall serve at the pleasure of the director and shall not be subject to chapter 31 or to section 9A of chapter 30. The director shall appoint, subject to the commissioner's approval, all other officers and employees of said office, including such programmers, architects, engineers, landscape surveyors, cost estimators, as the director deems necessary to carry out the tasks assigned to the bureau. The director shall: (1) recommend to the commissioner rules and regulations, standards and guidelines for the preparation of master and other plans, studies, and programs for capital facility projects; (2) review and make a written evaluation to the commissioner as to specific project studies, programs and other predesign documents and their consistency with long range capital facilities development plans and capital facility budget requests; (3) upon request by using agencies, assist them in the development of specific project descriptions and proposals forming a part of those agencies' long range capital development plans and specific capital facility budget requests; (4) upon request of using agencies, and at his discretion, develop master and other plans, perform feasibility and other studies, or prepare programs for projects for which such plans, studies, and programs are authorized by the general court to be performed; (5) upon request by using agencies assist the staff of using agencies, and at the discretion of said director assist others providing such services to using agencies in their performance of plans, studies, or programs to assure conformity with the rules and regulations, standards and guidelines for such plans, studies, and programs; (6) provide guidance and assistance to other bureaus and sections or units within the division in the performance of their responsibilities as they relate to completed planning stages for projects; (7) recommend to the commissioner rules and regulations, standards for the conduct of post-occupancy evaluations of all projects for which the division of capital asset management and maintenance has performed or caused to be performed programming services, such post-occupancy evaluation to be based on the program so developed and appropriate in scope and detail to the type, cost and significance of the project being evaluated; (8) assist the commissioner in the evaluation of projects to determine the effectiveness of prior programming, planning, and budgeting decisions; and (9) conduct, with staff or consultants, post-occupancy evaluations for projects under the jurisdiction of the bureau of project management, the cost of which exceeds a fixed sum to be determined by the director, assume such other responsibilities as the commissioner may direct. The director shall create a depository for plans, studies, programs, and designs for building projects prepared for any using agency subject to the jurisdiction of the division of capital asset management and maintenance under section 4 of this chapter. Each such agency shall promptly send to the director a brief identification and description of each plan, study, program, and design after its completion. The designer selection board shall promptly send to the director a brief identification and description of any designs offered to it as part of any design competition administered by the board under section 49. Upon request by the director, the user agency or board shall send to the director a copy of said plan, study, program or design.

M.G.L. c. 7C, § 13 Office of project management; director of project management

c. 7C, § 13. Office of project management; director of project management Section 13. There shall be within the division of capital asset management and maintenance an office of project management headed by a director of project management. The director shall be appointed by the commissioner of capital asset management and maintenance with the approval of the secretary of administration and finance, and may be removed in like manner. Said position shall not be subject to section 9A of chapter 30 or chapter 31. No person shall be appointed director of said bureau unless at the time thereof said person shall be registered by the commonwealth as an architect or professional engineer under chapter 112 and shall have proven ability and extensive experience in the management of the design and construction of buildings. The director may appoint such deputies and other supervisory staff as the work of the office may require, subject to appropriation and the commissioner's approval. Such staff shall serve at the pleasure of the director and shall not be subject to chapter 31 or to section 9A of chapter 30. The director shall appoint, subject to appropriation and subject to the commissioner's approval, all other officers and employees of said office. The commissioner shall be responsible for the exercise of all powers and the performance of all duties assigned by law to said office, which shall be under his direction. The director shall advise the commissioner as to rules and regulations, standards and guidelines, and priorities and schedules to be established for the office and the division of capital asset management and maintenance.

M.G.L. c. 7C, § 14 Duties and responsibilities of director of project management

c. 7C, § 14. Duties and responsibilities of director of project management Section 14. The duties and responsibilities of the director shall include, but not be limited to, the following: review and comment on all long range capital facilities development plans and capital budget requests for building projects by any state agency or building authority for purpose of assisting in the development of schedules, cost estimates and projections; review of said plans and requests for technical feasibility; where appropriate, recommendation that a study or program be conducted; and recommendation to the commissioner of methods which might be used for the design and construction of new facilities or major additions to existing facilities. The methods recommended shall include the latest developments in construction as well as standard methods, for the purpose of insuring quality, timeliness and economy of construction, such techniques to include but not be limited to construction management, fast-tracked or phased construction, turnkey procurement and design and build procurement. The director shall also recommend to the commissioner the method for procuring design and construction services when an alternative construction method is recommended; such recommendation shall be in writing and contain the reasons for not complying with the standard selection and bidding laws provided that the legislature shall approve the method for procuring design or construction services for such project and provided that such procurement method shall comply with the policies and procedures of sections 44A to 44M, inclusive, of chapter 149, to the extent feasible. The director shall develop guidelines regarding the types of projects that would most benefit from use of alternative construction methods and shall periodically evaluate their effectiveness. The director, if otherwise permitted by statute or appropriation, may use a phased contracting procedure, provided that the contracts awarded can be accomplished (a) within the appropriation or authorization for the project or within the project cost limits specified by the appropriation or authorization and (b) in accordance with (i) any study or program which must be prepared under section 59 or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. If the director considers it in the best interests of the commonwealth the director may employ, in addition to the standard architectural and professional contractors, quantity surveyors, network scheduling consultants and cost estimators. The director shall recommend to the commissioner standards for conducting studies, programs and designs; for real property acquisition in anticipation of construction, including the kind and extent of testing required; for contractor selection; and for project evaluation. The director may recommend to the commissioner such additional standards and guidelines as the director shall deem necessary or desirable to expedite the work of the office. The director shall hire such project managers, cost estimators, and architectural, engineering, and technical personnel as the director deems appropriate to: (a) estimate and review project costs and schedules; (b) monitor design and construction standards; (c) perform design services; (d) review project designs to ensure that they meet the standards established for all projects; (e) provide technical assistance to using agencies; and (f) administer and supervise design and construction contracts. The director shall recommend to the commissioner standards and procedures to be followed by project managers in overseeing individual construction projects, including standards and procedures for scheduling of the performance of particular aspects of projects; forms to be used in reporting and processing of information regarding change orders and price adjustments, periodic payment, and other payments pursuant to approved progress schedules; and all other standards and procedures necessary to the efficient administration and oversight of individual construction projects, or required by statute or regulation. The director shall recommend to the commissioner standards for internal audits to be performed on individual projects. Such audits shall be performed at the direction of the director when the director has determined that an individual change order is so large, or a series of change orders cumulatively are so substantial, that the project should be reviewed, or when the director has determined that there have been significant individual or cumulative delays in progress on the project, or at such times as the director deems necessary. Whenever a change order is approved the director shall state in writing the reasons for not requesting an audit.

M.G.L. c. 7C, § 15 Submission of building project plans and specifications to director of project management for review and approval; advertisement for applications for bids

c. 7C, § 15. Submission of building project plans and specifications to director of project management for review and approval; advertisement for applications for bids Section 15. The contract which the director shall make with the designer appointed under the preceding section shall provide, among other appropriate terms, that the designer shall, in consultation with the using agency and subject to that agency's approval, prepare plans and specifications for the building project for submission to said director for his approval and shall use standard contract documents and specifications which said director shall have prepared with the approval of the commissioner and made available within the office. No obligation shall be incurred or payment made for preparation of any plans or specifications for any building project without the prior approval of the commissioner; and in the case of a building project undertaken on behalf of the commonwealth, no plans or specifications shall be prepared until a special appropriation shall have been made therefor or for the project or until federal funds or assistance shall have been made available therefor. No other obligation shall be incurred or payment made in connection with any building project until such obligation or payment shall have been approved in accordance with sections 1 to 40, inclusive, and section 60 and section 11 of chapter 35. Schematic, preliminary and working plans and specifications for each building project shall, following initial submission to the using agency for comment, be submitted by the designer to the director for his approval. In reviewing such plans and specifications, the duty of the director shall be to see that they are clear and complete and permit execution of the building project (a) within the appropriation or authorization for the project or within project cost limits specified by the appropriation or authorization and (b) in accordance with (i) any study or program prepared in accordance with section 59 or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. When a phased construction technique is approved by the legislature, the director shall approve working plans and specifications at appropriate stages of the project. Following final approval of such plans and specifications, the director shall advertise in the central register published by the secretary of state pursuant to section 20 of chapter 9 and in such other publications as the commissioner shall direct, for applications to bid on or proposals for the performance of the work on the project; except that the commissioner may direct that the purchase of any materials, original equipment or original furnishings for the project shall be made under sections 22 to 26, inclusive, of chapter 7. Subject to the prior approval of the commissioner and the applicable provisions of sections 44A to 44M, inclusive, of chapter 149 the director shall award the contract or contracts for such work to the lowest responsible and eligible bidder; but no such contract on behalf of the commonwealth shall be awarded by him for a sum in excess of the amount which the comptroller shall certify to be available therefor. If the director shall knowingly award a contract in violation of this section, the director may be removed from office by the governor. The director shall be responsible for accepting or rejecting each project upon its completion and for directing final payment for work done thereon; provided, however, that if upon inspection of any project for acceptance the director shall find that the plans, specifications, contracts or change orders for the project shall not have been fully complied with, the director shall, until such compliance has been effected or adjustment satisfactory to him has been made, refuse to accept the project and direct such payment. Upon acceptance of the project, the director shall release the same to the using agency, unless the using agency objects to said release, in which case the director shall work with the using agency to remove the causes of the objection. The director shall not refuse to accept the project from the contractor and shall not refuse to direct final payment to the contractor because of the using agency's objections if the director has determined that the contractor has completed the project in accordance with contract.

M.G.L. c. 7C, § 16 Project managers

c. 7C, § 16. Project managers Section 16. The director shall appoint, for each project under the jurisdiction of the office of project management, a project manager, who shall oversee all planning, design and construction of the project or provide appropriate assistance to others as enumerated below. No person shall be appointed or employed as a project manager unless at the time thereof said person shall be registered by the commonwealth as an architect or professional engineer under chapter 112 or shall have a professional degree in a field providing equivalent experience and shall have at least 5 years experience in the construction and supervision of construction of buildings. Project managers employed by the bureau shall be exempt from section 9A of chapter 30 and chapter 31. The terms, conditions and duration of their employment shall be established by the director subject to appropriation and the building projects to which the project manager has been assigned by the director. The project manager shall: (1) Assist and make recommendations to using agencies as to real property acquisition in anticipation of construction; (2) Assist by reviewing and making recommendations to using agencies as to the study, programs or other planning documents for the project; (3) Participate as a non-voting member of the designer selection board panel during the designer selection process for the particular building project to which the project manager has been assigned; (4) Represent the using agency in the designer selection, design and construction phases of the building project, the project manager having exclusive authority to make decisions in these areas, except as provided in sections 17 to 21, inclusive, after consultation with the using agency and consideration, before such decisions are made, of using agency recommendations; (5) During the design stage of each project to which the project manager has been assigned, review and comment on said design or verify that said design has been reviewed by the authorities charged by law with enforcement responsibility, in order to insure that the design complies with all federal and state laws, rules, regulations and codes; insure to the extent feasible that the design is such as to specify a project that (a) can be accomplished within the appropriation or authorization for that project or within the project cost limits specified by the appropriation or authorization, and (b) can be accomplished in accordance with (i) any study or program which must be prepared in accordance with section 59 or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith; no building project shall be allowed to proceed to the construction stage until such reviews have been accomplished and compliance confirmed or certified; (6) Insure the preparation of time schedules which shall serve as control standards for monitoring performance of building projects; and (7) Assist in project evaluation including, but not limited to, written evaluations of the performance of the architect, engineers, contractors and other personnel, and evaluation of construction techniques and procurement mechanisms.

M.G.L. c. 7C, § 17 Change orders or other contract modifications

c. 7C, § 17. Change orders or other contract modifications Section 17. As used in this section and sections 18 to 21, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Change order'', a written order not requiring the consent of the contractor, signed by the project manager and designated as an approved change order, directing the contractor to make changes in the work within the general scope of the contract, or, any written or oral order from the project manager which causes any change in the work, provided that the contractor gives the commonwealth written notice stating the date, circumstances, and source of the order and that the contractor regards the order as a change order. ''Contract modification'', any written alteration in plans or specifications, period of performance, price, quantity, or any other provision of the contract accomplished by mutual action of the parties to the contract. The project manager may at any time, subject to the requirements set forth herein and in section 39I of chapter 30, order changes in the work within the general scope of the contract, including but not limited to changes: (a) in the plans and specifications (including drawings and designs); (b) in the method or manner of performance of the work; (c) in the commonwealth furnished facilities, equipment, materials, services or site; or (d) in the schedule for performance of the work. All such orders shall be written and designated to be change orders. All change orders or other contract modifications shall require the approval of the director when: (a) the cumulative cost of all previously approved increases in the contract price exceeds 5 per cent of the original contracted construction cost of the project, or such other percentage or dollar amount or criteria as designated by regulations of the commissioner; or (b) the preliminary estimate of the change in the contract price resulting from the change order or contract modification is $5,000 or more. The director may, after review of building projects for which the cumulative total of increases in the contract price has exceeded 5 per cent of the original contracted construction cost or such other percentage or dollar amount or criteria, direct the project manager as to those proposed changes, the preliminary estimated cost of which are under $5,000, that shall require the director's approval. The commissioner shall promulgate regulations governing the procedures for obtaining preliminary estimates and giving notice to the contractor as to the necessity of obtaining the director's approval before any work pursuant to a change order or contract modification is commenced. Such procedures shall be designed so as to avoid delays in the progress of the project. The project manager may delegate to the resident engineer, subject to approval by the director and notice to parties in interest, his authority to process and approve change orders when authorized to do so by regulations of the commissioner. Section 20A of chapter 29 shall not apply to any change order request submitted and acted upon under sections 17 to 21, inclusive, of this chapter.

M.G.L. c. 7C, § 18 Request for change order; approval or disapproval; appeal

c. 7C, § 18. Request for change order; approval or disapproval; appeal Section 18. Any request for a change order shall be processed promptly, in compliance with regulations promulgated by the commissioner, and otherwise according to the requirements of section 39P of chapter 30. Requests shall be submitted to the project manager, who shall, after consultation with the designer and the using agency, approve or disapprove the request. The project manager shall, after obtaining any other required approvals or disapprovals, notify in writing the designer, the using agency and the requesting party of the request and shall issue a written change order or written notice of disapproval to the contractor. If the approval or disapproval would result in a deviation, as defined by regulations of the commissioner from (a) any study or program which must be prepared in accordance with section 59 or (b) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith, the decision made shall be subject to appeal by the using agency to the secretary of administration and finance. Such appeal shall set forth in writing the reasons therefor and a copy thereof shall be furnished to the commissioner at the time the appeal is filed with the commissioner. The commissioner shall, within 10 days following the receipt of such appeal, render a written decision thereon, which shall be final and conclusive.

M.G.L. c. 7C, § 19 Equitable adjustment in contract price due to change in contractor's cost of performance resulting from change order

c. 7C, § 19. Equitable adjustment in contract price due to change in contractor's cost of performance resulting from change order Section 19. If any change order under section 17 causes any change in the contractor's cost of performance of any work under the contract, whether or not that work is changed by any order, either the contractor or the project manager may request an equitable adjustment in the contract price. A request for such an adjustment shall be in writing and shall be submitted by the party making such claim to the other party before commencement of the pertinent work or as soon thereafter as possible, and in any event within 30 days of receipt by the contractor of an approved change order or the mailing or furnishing to the commonwealth by the contractor of written notice that the contractor regards an order as a change order. Except for claims on defective specifications, no claim for any change under this section shall be allowed for any costs incurred more than 20 days before the contractor gives written notice as required by this section. In the case of defective specifications for which the commonwealth is responsible, the equitable adjustment shall include any cost reasonably incurred by the contractor in attempting to comply with such defective specifications. The project manager and the contractor shall by negotiation agree upon an equitable adjustment in the contract price before commencement of the pertinent work or as soon thereafter as possible. Notice of the adjustment shall be given to the director. In the absence of agreement by the parties on an equitable adjustment in the contract price, the project manager shall unilaterally determine the costs attributable to the change order. Unilateral equitable adjustments of the project manager shall be reduced to writing and a copy mailed or otherwise furnished to the contractor. Such adjustments shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the contractor mails or otherwise furnishes to the project manager a written appeal addressed to the commissioner, and otherwise complies with the requirements set forth in section 39Q of chapter 30. Said section shall govern further appeal to the division of hearing officers.

M.G.L. c. 7C, § 20 Submission of costs and pricing data to be used when negotiating adjustments for change orders or other contract modifications

c. 7C, § 20. Submission of costs and pricing data to be used when negotiating adjustments for change orders or other contract modifications Section 20. The contractor shall submit, in accordance with regulations of the commissioner, cost and pricing data to be used when negotiating adjustments for change orders or other contract modifications. Such cost and, pricing data shall be based on generally accepted accounting principles and be in conformity with the guidelines promulgated by the commissioner. Cost estimators employed within the division of capital asset management and maintenance shall review and evaluate cost and pricing data submitted by the contractor. The contractor shall certify that, to the best of his knowledge and belief, the cost and pricing data submitted was accurate, complete, and current as of the date of submission. Any change order or contract modification under which a certificate is required shall contain a provision that the price to the commonwealth, including profit or fee, shall be adjusted to exclude any significant sums by which the commonwealth finds that such price was increased because the contractor-furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submission. Section 13 of chapter 258 and section 67A to section 67C, inclusive, of chapter 266, shall fully apply to the cost and pricing data certification requirements of this section.

M.G.L. c. 7C, § 21 General principles applicable to equitable adjustments

c. 7C, § 21. General principles applicable to equitable adjustments Section 21. Equitable adjustments in the contract price negotiated pursuant to section 19 or as part of a contract modification shall be made in accordance with the general principles in this section. The commissioner shall promulgate regulations designed to implement this section. (1) Adjustments in the contract price shall be made to the maximum extent feasible on a fixed price basis prior to the execution of the change order or contract modification, if this can be done without adversely affecting the interests of the commonwealth. (2) Where a fixed price cannot be set due to difficulty in estimating the scope of the change ordered, adjustment may be made on a lump-sum guaranteed maximum price basis calculated by use of unit prices specified in the contract or agreed upon by the parties. (3) Cost reimbursement or time-and-materials methods of price adjustment shall not be used, except where, in the written opinion of the commissioner, no other pricing method is possible. When such pricing method is used, the contractor shall provide complete and accurate information disclosing the costs incurred in performing changes. The contractor shall maintain separate accounts, by job order or other suitable accounting procedure, of all segregable direct cost of work, both changed and not changed, allocable to the change. The commissioner shall promulgate regulations setting forth cost principles which shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs.

M.G.L. c. 7C, § 22 Resident engineers

c. 7C, § 22. Resident engineers Section 22. There shall be assigned to every building project under the supervision of the office a resident engineer. Resident engineers may be hired as permanent employees subject to chapter 31 or as consultants exempt from said chapter 31. No person shall be employed as a resident engineer unless at the time thereof said person shall have had at least 10 years experience in the construction and supervision of construction of buildings, or shall have at degree in engineering, architecture or a field providing equivalent expertise and at least 5 years such experience. The resident engineer shall represent the commonwealth daily on the site of construction projects and shall be responsible for checking, inspecting and reporting to the project manager on a regular basis both in writing and orally as to events at the construction site and shall send copies of written reports to the designer on a regular basis. The project manager may delegate to the resident engineer, subject to approval by the director, notice in writing to all parties in interest, and limits otherwise imposed by this chapter, the authority to make decisions regarding plans, specifications, and materials; the authority to represent the project manager at job meetings; and the authority to order minor changes and make equitable adjustments in the contract price. The resident engineer shall report in writing to the project manager all problems, disputes, complaints or questions from or concerning designers, contractors or other personnel involved in the project. There shall be assigned to every project under the control and supervision of the office a cost estimator, who shall be responsible for reviewing all project costs. Cost estimators may be hired as permanent employees subject to chapter 31 or as consultants exempt from said chapter 31. Cost estimators shall have proven ability and experience in construction cost estimating and shall be familiar with various approaches to cost estimating, including but not limited to conceptual and preliminary estimating designed to provide budget and planning guidance in the early stages of a project, labor-cost estimating, fair cost estimating prepared from completed plans and specifications, contractors' bid estimating and definitive or detailed estimating. The cost estimator, working in cooperation with using agencies requesting projects, shall provide estimates of the costs of proposed projects. The cost estimator shall review all cost projections for studies, programs and designs, as well as contractors' cost estimates. The cost estimator shall review change order estimates, cost and pricing data, payment schedules and progress payment requests, and make recommendations to the project manager at the project manager's directive. Public agencies other than political subdivisions of the commonwealth that conduct building projects outside the jurisdiction of the division of capital asset management and maintenance as provided in section 4 may request assignment of a project manager, resident engineer or cost estimator employed by the office of project management. Such assignment shall be subject to approval by the commissioner. Any agency making use of the office's staff on a project outside the normal jurisdiction of the office shall reimburse the office for all expenses incurred, including salaries and overhead. The director shall recommend to the commissioner regulations governing fees to be paid by public agencies for use of the office's services on projects outside its normal jurisdiction.

M.G.L. c. 7C, § 23 Acceptance of federal funds or assistance

c. 7C, § 23. Acceptance of federal funds or assistance Section 23. The director may, with the approval of the commissioner and the governor, accept on behalf of the commonwealth any federal funds or assistance for financing the cost of plans and specifications for any project. If such funds or assistance shall be appropriated for aiding construction of any project, the director may, with like approval, apply for the same and may, with the approval of the governor, accept the same on behalf of the commonwealth. Any project so aided shall be executed in all respects subject to applicable federal laws and rules and regulations and also to the applicable provisions of this chapter not inconsistent therewith.

M.G.L. c. 7C, § 24 Office of facilities management; director of facilities management; inventory of buildings

c. 7C, § 24. Office of facilities management; director of facilities management; inventory of buildings Section 24. There shall be located within the division of capital asset management and maintenance an office of facilities management, headed by a director of facilities management. The director shall be appointed by the commissioner, with the approval of the secretary of administration and finance, and may be removed in like manner. Said office shall not be subject to section 9A of chapter 30 or chapter 31. No person shall be appointed director of said office unless at the time thereof said person shall be registered by the commonwealth as an architect or professional engineer pursuant to chapter 112 and shall have proven ability and extensive experience in the management and oversight of operation, maintenance and repair of buildings. The director may appoint such deputies and other supervisory staff as the work of the office may require, subject to appropriation and the commissioner's approval. Such staff shall serve at the pleasure of the director and shall not be subject to chapter 31 or to section 9A of chapter 30. The director shall appoint, subject to the commissioner's approval, all other officers and employees of said office. The director shall develop, in cooperation with the commissioner and using agencies, an inventory of buildings owned or otherwise occupied by state agencies and building authorities. Said inventory may detail the age, condition, type of construction, and physical life expectancy of each building and its major structural components. The inventory shall be updated as repairs, replacements and alterations are performed. Said inventory shall be filed by the commissioner by February 15 yearly with the clerks of the house of representatives and senate, and with the joint committee on state administration and regulatory oversight, and shall be a public document available for general distribution. The director shall recommend to the commissioner standards and guidelines governing the type of information to be included in said inventory, which shall be properly coordinated with the real property inventory established and maintained pursuant to section 38.

M.G.L. c. 7C, § 25 Control of supervision of projects by the director of facilities management

c. 7C, § 25. Control of supervision of projects by the director of facilities management Section 25. The director shall control and supervise all projects allocated to the office of facilities management by the commissioner pursuant to section 5. All of said projects shall be subject to the procedures and requirements set forth in sections 13 through 23, except that the director may recommend to the commissioner regulations governing the extent of representation of the commonwealth by the resident engineer required on the site of construction projects. The director shall, consistent with sections 13 through 23, develop and recommend to the commissioner procedures and requirements for control and supervision of said projects commensurate with the specialized nature of those projects.

M.G.L. c. 7C, § 26 Standards and guidelines applicable to maintenance and repair; compliance inspections; transfer of supervision and control over maintenance and repair operations from state agency or building authority to the office of facilities management or to the commissioner

c. 7C, § 26. Standards and guidelines applicable to maintenance and repair; compliance inspections; transfer of supervision and control over maintenance and repair operations from state agency or building authority to the office of facilities management or to the commissioner Section 26. The director shall recommend to the commissioner standards and guidelines applicable to maintenance and repair. Said standards and guidelines shall be complied with by state agencies and building authorities. The director shall also develop maintenance and repair standards and guidelines for use by the executive office of housing and livable communities. Said standards and guidelines shall be advisory only. State agencies and building authorities shall certify to the director, once each year, that all maintenance and repair standards and guidelines have been complied with, or if the state agency or building authority has not so complied, the reasons for noncompliance. The director may order, in his discretion and without prior notice, inspection of state agency or building authority buildings, for the purpose of insuring compliance with maintenance and repair standards and guidelines. If the director finds that a state agency or building authority is not in compliance, the director shall report such noncompliance to the commissioner, the head of the state agency or building authority, the secretary of administration and finance, and in the case of building authorities, the board of higher education and the board of trustees of the relevant institution. If a state agency or building authority fails within 3 months of such notification to comply with said standards and guidelines, the director shall recommend to the commissioner emergency measures that should be taken. The director may direct, subject to the approval of the commissioner, once a state agency or building authority is found to be not in compliance with maintenance and repair standards and guidelines, that the state agency or building authority report in detail to the director on a monthly basis the status, progress and problems of maintenance and repair operations at the state agency or building authority's facilities. The director shall recommend to the commissioner regulations to be adopted governing information to be included in the monthly report. The director shall make quarterly reports to the commissioner on the status of maintenance and repair operations at the relevant state agency or building authority. At such time as the commissioner determines, with the advice of the director, that maintenance and repair operations have come into compliance with all applicable standards and guidelines, the state agency or building authority shall be relieved of the necessity of making monthly detailed reports. Where it is deemed necessary, the commissioner, on the advice of the director, may recommend that the office assume supervision and control over maintenance and repair operations normally carried out by the state agency or building authority. The secretary of administration and finance, after consultation with the secretary of the executive office in which the relevant state agency or building authority is located, and, in the case of building authorities, after consultation with the board of trustees of the relevant institution, may order transfer of supervision and control of maintenance and repair operations to the commissioner. Upon making such order, the commissioner shall forthwith file a copy of said order with the budget director, the comptroller, the house and senate committees on ways and means, and the joint committee on post audit and oversight, specifying the scope of the authority so transferred and the direction of said transfer. Said transfer may be for such period of time as the commissioner deems appropriate. Where the commissioner has so assumed control and supervision, the commissioner shall make quarterly reports to the secretary of administration and finance on the status of maintenance and repair operations at the affected state agency or building authority.

M.G.L. c. 7C, § 27 Building projects performed at one or more using agencies and controlled and supervised by the office of facilities management

c. 7C, § 27. Building projects performed at one or more using agencies and controlled and supervised by the office of facilities management Section 27. The director may, with the approval of the commissioner, initiate capital budget requests for building projects to be performed at one or more using agencies and controlled and supervised by the office of facilities management. Such projects may include, but not be limited to: (a) projects designed to alleviate, through a single undertaking or a series of undertakings, problems of a common nature encountered in buildings of more than 1 using agency; (b) projects to correct problems which require immediate attention, where the using agency has failed to include the project in its capital budget requests for the year, or has given such a request low priority; and (c) such other projects as the director may, with the approval of the commissioner, designate, including energy conservation projects, handicapped access projects, and fire, health and safety projects.

M.G.L. c. 7C, § 28 Duties and responsibilities of director of facilities management

c. 7C, § 28. Duties and responsibilities of director of facilities management Section 28. As used in this section, ''using agencies'' shall mean state agencies and building authorities. The director of facilities management shall: (1) develop, in cooperation with individual state agencies and building authorities, policies, standards, programs and schedules governing the performance of preventive maintenance; (2) develop preventive maintenance training programs for state agency and building authority personnel; (3) evaluate the status of preventive maintenance programs at each state agency and building authority; (4) review using agency maintenance operating budget requests together with maintenance reports submitted pursuant to section 3 of chapter 29 for the purpose of evaluating the priority, necessity, feasibility and appropriateness of said requests; (5) review using agency capital budget requests for repair projects and make recommendations to the commissioner as to those projects of each using agency that should be given funding priority; (6) recommend to the commissioner standards and guidelines for the control and supervision of repair projects controlled and supervised by using agencies; (7) advise the commissioner as to those methods available for the repair of deteriorating buildings, including the costs and benefits of continuing minor repairs versus the costs and benefits of major renovation or rehabilitation; (8) advise the commissioner as to maintenance and repair difficulties encountered in using agency buildings that may be due to faulty design or construction of new facilities; (9) advise the commissioner as to the feasibility and costs of renovating or rehabilitating for state use structures that have been certified historic landmarks, as provided by sections 26 to 27C of chapter 9, that have been listed in the National Register of Historic Places, as provided by 16 U.S.C. 470a, or that have been designated landmarks by the local governing authority; (10) advise the commissioner as to changes in operations and maintenance costs and operational and repair difficulties that may result from using agency proposals for alteration or conversion of existing facilities; and (11) assist using agencies in evaluating maintenance and repair problems and devising and implementing solutions.

M.G.L. c. 7C, § 29 Utilization of energy efficiency, water conservation or renewable energy technologies in new or renovated facilities; life-cycle cost analysis

c. 7C, § 29. Utilization of energy efficiency, water conservation or renewable energy technologies in new or renovated facilities; life-cycle cost analysis Section 29. (a) The commissioner shall require a state agency that initiates the construction of a new facility owned or operated by the commonwealth or a renovation of an existing facility owned or operated by the commonwealth when the renovation costs exceed $25,000 and includes the replacement of systems, components or other building elements which affect energy or water consumption to design and construct or renovate the facility in a manner that minimizes the life-cycle cost of the facility by utilizing energy efficiency, water conservation or renewable energy technologies under the following criteria: (1) the state agency shall utilize alternate technologies when the life-cycle cost analysis conducted under subsection (b) shows that such systems are economically feasible; (2) the division of capital asset management and maintenance or the state agency shall, in the design, construction, equipping and operation of such facilities, coordinate these efforts with the department of energy resources in order to maximize reliance on, and the benefits of, renewable energy research and investment activities; and (3) all higher education construction projects shall, at a minimum incorporate the MA–CHPS Green Schools Guidelines standards or an equivalent standard. (b) The division of capital asset management and maintenance or the state agency initiating the construction or renovation of a facility as described in subsection (a) shall conduct a life-cycle cost analysis of any such facility's proposed design that evaluates the short-term and long-term costs and the technical feasibility of using alternate technologies to provide lighting, heat, water heating, air conditioning, refrigeration, gas or electricity. In calculating life-cycle costs, a state agency shall include the value of avoiding carbon emissions, creating renewable energy certificates and other environmental and associated benefits created from the utilization of alternate technologies, as applicable. This value shall be equal to the bid price of the published market value of any such benefit and shall increase or decrease at a projected rate determined by the department of energy resources. To calculate life-cycle costs, a state agency shall use a discount rate equal to the rate that the commonwealth's tax-exempt long-term bonds are yielding at the time of said calculation and shall assume that the cost of fossil fuels and electricity will increase at the rate of 3 per cent per year above the estimated rate of inflation or at a rate determined by the department of energy resources. (c) Notwithstanding sections 11C and 11I of chapter 25A or any regulations issued thereunder, the division of capital asset management and maintenance may procure energy management services jointly with a state agency or a building authority that is procuring energy or related services. Said sections 11C and 11I shall apply to the extent feasible as determined by the commissioner of energy resources. (d) For purposes of this section, the term ''economically feasible'' shall mean that the cost of installing and operating an alternate technology is lower than the cost of installing and operating the energy, energy-using technology or water-using technology that would otherwise be installed, as determined by a life-cycle cost analysis. (e) The division of capital asset management and maintenance or the state agency initiating the construction or renovation of a facility subject to the requirements of subsection (a) shall file with the department of energy resources a report detailing the agency's compliance with this section with respect to each such facility. (f) The department of energy resources shall issue an annual report to the general court detailing the compliance record of all state agencies with the construction and renovation provisions of this section.

M.G.L. c. 7C, § 30 Evaluation of energy consumption and efficiency and greenhouse gas emissions of buildings and their major energy using systems

c. 7C, § 30. Evaluation of energy consumption and efficiency and greenhouse gas emissions of buildings and their major energy using systems Section 30. The director of facilities management shall make provision, as part of development of an inventory of buildings owned or otherwise occupied by state agencies or building authorities pursuant to section 24, for evaluation of the: (i) energy consumption of; (ii) energy efficiency of; and (iii) greenhouse gas emissions directly attributable to each building and its major energy using systems. The director may, with the approval of the commissioner and subject to appropriation or allocation, hire consultants for the purpose of performing energy audits designed to determine the need for energy conservation projects. The director shall recommend to the commissioner standards and guidelines governing maintenance and operating procedures for energy conservation, energy efficiency and greenhouse gas emissions reductions. The director shall in conjunction with the commissioner of energy resources set priorities and standards for energy efficiency and greenhouse gas emissions reductions for all state buildings and conduct energy audits of said buildings. The bureau may contract with professional consulting firms to perform the energy audits. All energy conservation projects within the jurisdiction of the division) of capital asset management and maintenance as defined by section 4, including projects funded out of any lump-sum energy conservation fund or account, shall be fully subject to this chapter except that alternative energy property program projects authorized pursuant to section 11 of chapter 25A shall not be subject to sections 11 and 12, sections 13 to 28, inclusive, or this section.

M.G.L. c. 7C, § 31 Evaluation of potential for increasing energy efficiency in buildings owned or leased by an authority or state agency

c. 7C, § 31. Evaluation of potential for increasing energy efficiency in buildings owned or leased by an authority or state agency Section 31. The division of capital asset management and maintenance shall evaluate the potential for increasing the energy efficiency in each building owned by an authority or state agency, or leased by such authority or agency for at least a 10 year period. Energy efficiency measures, as used in this section shall include, but not be limited to, heating, air-conditioning, lighting, water, and electric systems powered by coal, electricity, natural gas, oil. The annual energy cost savings realized by each authority or agency shall be retained in that the authority or agency utility account and applied to additional energy efficiency measures in subsequent years. Actions taken by the division of capital asset management and maintenance in accordance with this section shall be coordinated with ongoing energy conservation projects in state-owned or leased buildings. Utility programs offering energy auditing services shall be used whenever appropriate. The term ''authority'' used in this section shall not include authorities of cities or towns, such as local housing projects.

M.G.L. c. 7C, § 32 Real property held in name of state agency deemed real property of the commonwealth; exercise of eminent domain by the commonwealth on behalf of a state agency; delegation to state agency of power to acquire, control and dispose of real property

c. 7C, § 32. Real property held in name of state agency deemed real property of the commonwealth; exercise of eminent domain by the commonwealth on behalf of a state agency; delegation to state agency of power to acquire, control and dispose of real property Section 32. Real property, record title to which is held in the name of a state agency or the board of trustees of a state agency or similar board of a state agency, shall be deemed to be real property of the commonwealth. No deed or other instrument shall be required to effect the transfer to the commonwealth of title to such real property, but the land court department of the trial court shall, upon petition of the division of capital asset management and maintenance, issue in the name of the commonwealth a certificate of title to any real property, title to which is registered under chapter 185 in the name of a state agency or the board of trustees of a state agency or similar board of a state agency. Notwithstanding any general or special law to the contrary, no person shall acquire any rights by prescription or adverse possession in any lands or rights in lands held in the name of the commonwealth. The commissioner shall exercise the powers stated in this chapter, notwithstanding the delegations under certain terms and purposes which the general court has made pertaining to the acquisition, control, and disposition of real property. The commissioner shall not make any acquisition of real property on behalf of a state agency by eminent domain or make any such delegation of power to acquire real property by eminent domain to any state agency unless such state agency is otherwise authorized by law to exercise the power of eminent domain. The commissioner may delegate to state agencies responsibility for the acquisition, control, and disposition of real property as provided for in this chapter; except that the commissioner may not delegate responsibility for determining that property is surplus to state needs as required in section 33. When responsibility is delegated to a state agency, the written approval of the commissioner shall be required before the transaction is completed, and a copy of said written approval shall be sent to the joint committee on state administration.

M.G.L. c. 7C, § 33 Duties and powers of the commissioner relating to the acquisition, control and disposition of real property

c. 7C, § 33. Duties and powers of the commissioner relating to the acquisition, control and disposition of real property Section 33. For the purposes of sections 33 to 40, inclusive, the term ''emergency'' shall mean any situation caused by unforeseen circumstances which render currently used real property unusable or unavailable for the purposes intended and which creates an immediate need for other real property to preserve the health or safety of persons or property. The commissioner of capital asset management and maintenance shall be responsible for the acquisition, control and disposition of real property in the manner and to the extent provided in this chapter. The commissioner may delegate such responsibility to an administrator, who has 10 years of experience in the management of commercial, industrial, institutional or public real property. When responsibility is delegated to an administrator the written approval of the commissioner shall be required before such transaction is finalized. The commissioner shall acquire interest in real property on behalf of the commonwealth for the use of state agencies by gift, purchase, devise, grant, eminent domain, rental, lease, rental-purchase or otherwise. In acquiring buildings for the use of state agencies, first consideration shall be given to any structures that have been certified as historic landmarks as provided by sections 26 to 27C, inclusive, of chapter 9, that have been listed in the National Register of Historic Places as provided by 16 U.S.C. section 470a (1974) or that have been designated historic landmarks by local historic commissions, unless use of such buildings would not be feasible in terms of costs and requirements when compared with other available properties. Notwithstanding any laws to the contrary, real property acquired for the use of state agencies shall be held in the name of the commonwealth. The commissioner shall assist in the preparation and shall approve of plans for the organization of all space within and around buildings and appurtenant structures used by state agencies, and shall assign the use of space within and around the state house, subject to such rules as the committee on rules of the two branches acting concurrently may adopt, under sections 10, 16A and 17 of chapter 8 the John W. McCormack State Office Building; the Leverett Saltonstall State Office Building; the Springfield Office Building; the Pittsfield Office Building; the Erich Lindemann Building; the Charles F. Hurley Building; any real property acquired for the use of state agencies, the greater part of which is not needed by any one state agency; and any other real property assigned by law to the division of capital asset management and maintenance. The commissioner, with the written approval of the secretary of administration and finance, may transfer use of, and responsibility for maintenance of, buildings, including equipment therein, within or between state agencies. No such transfer within or between state agencies which involves either a change in the purposes for which such building is currently used or a change in use in excess of 50 per cent of the usable floor space, shall be made without the prior approval of the general court. Any such transfer shall be based on a determination, made by the commissioner with the advice of the executive heads of affected agencies and secretaries of the executive offices in which such agencies are located, that such property is not needed, is underutilized, or is not being put to optimum use under current conditions. The commissioner shall notify the house and senate committees on ways and means and the representatives to the general court from the city or town in which such real property is located not less than 30 days prior to the final authorization of any transfer which does not require the approval of the general court, and such transfer shall only be made when the general court is in session except as provided hereafter. Such transfer may be made when the general court is not in session, and the 30 day notification requirement may be waived, only if the commissioner certifies in writing that an emergency exists; provided that, any such transfer may be authorized for a period not to exceed 6 months, and provided, further, that the commissioner shall submit his certification to and notify the house and senate ways and means committees of such transfer at the earliest possible opportunity. The commissioner may, after notification to and with the advice of the executive heads of state agencies and secretaries of the executive offices, determine that real property is not needed for the use of any state agency. If the commissioner determines that such property is surplus to both the current and foreseeable needs of state agencies, the commissioner shall determine whether any other public agency has a current or foreseeable direct public use for the property. For the purposes of determining whether property is surplus to direct public use, direct public use is defined in this section as use of property for a public agency's own operations, but does not include conveyance by such agency of any interest in the property to another party, but does include lease of the property by local housing authorities to public housing tenants. When property is determined to be surplus, to either current state or current direct public uses, but not to foreseeable state or foreseeable direct public uses, the commissioner shall take such action as is necessary to ensure that any disposition of the property is temporary and maintains the commissioner's ability to make such property available to a state agency or other public agency at such time as it is needed. If the commissioner determines that the property is not needed for current or foreseeable state or direct public use as defined above and that the property should be disposed of, the commissioner shall declare that the property is available for disposition and shall identify restrictions, if any, on the property's use and development necessary to comply with established state and local plans and policies, and the commissioner shall send written notification of such to the house and senate committees on ways and means, and the joint committee on state administration. The commissioner may convene an advisory committee to advise him on reuses and to recommend reuse restrictions for property declared surplus; provided however that the Commissioner shall not convene a new advisory committee to advise on reuses if a re-use committee is currently active. If an advisory committee is convened, the commissioner shall invite the representatives to the general court from the city or town in which the property is located to serve on the committee. The commissioner shall prepare a preliminary report on his findings, which shall include both his recommendation, and those of the advisory committee if established, for reuse restrictions for the property. The commissioner shall conduct a public hearing to consider potential reuses and reuse restrictions for the surplus property and to review the secretary of administration and finance preliminary report if the property exceeds 2 acres or if the gross square footage of all structures on the property is equal to or greater than 150,000 square feet or if the commissioner determines that a hearing should be held for a smaller parcel. If the commissioner determines to conduct a hearing, the commissioner shall provide notice in the central register of the public hearing at least 60 days prior to (1) notification to the house and senate committees on ways and means and the joint committee on state administration, of a temporary disposition of property to a public agency for less than 5 years for a direct public use, or (2) submission of a request to the general court for authority to otherwise dispose of real property as provided in this section. A notice of the public hearing shall also be placed, at least once each week for the 4 consecutive weeks preceding the hearing, in newspapers with sufficient circulation to inform the people of the affected locality. The hearing shall be held in the locality in which the property is located not sooner than 30 days and not later than 35 days after the notice is published in the central register. After the hearing is conducted, the commissioner shall make a draft of any reuse restrictions available to the public and shall accept written comments for a period of 21 days. If after the hearing is conducted the commissioner determines that no reuse restrictions are necessary, the commissioner shall make that decision available to the public and accept written comments on that decision for a period of 21 days. The commissioner may, with the written approval of the secretary of administration and finance, enter into agreements for the direct public use of surplus real property by public agencies other than state agencies, for a term not to exceed 5 years. Such agreement shall prohibit subsequent conveyance of interest in the property by the public agency to another party. The commissioner shall notify the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight 30 days prior to the final authorization of any such agreement. The notification shall include the commissioner's report on recommended reuse restrictions. In no event shall any such agreement be made when the general court is not in session. The commissioner shall establish the value of surplus property through procedures customarily accepted by the appraising profession as valid for determining property value. The value shall be calculated both for: (1) the highest and best use of the property as currently encumbered; and (2) uses and encumbrances defined by the commissioner. The commissioner may, with the approval of the secretary of administration and finance, request from the general court authorization to dispose of state real property determined to be surplus to state agency needs: (1) to public agencies of the commonwealth other than state agencies for direct public uses, over a period exceeding 5 years, (2) to a public agency of the commonwealth other than a state agency, for uses other than direct public uses, and (3) to an individual, entity, or the federal government; or any extension of any agreement for such use beyond a cumulative period of 5 years. Accompanying his request for authorization to dispose of property, the commissioner shall submit his report including a description of the property, its current use, structures, and approximate metes and bounds, the value of the property and recommended restrictions, if any, on reuses of the property. The commissioner shall also request authorization to negotiate real property disposition agreements with parties to be selected by the commissioner after the commissioner evaluates competitive proposals. Disposition agreements subsequently negotiated by the commissioner shall be consistent with the reuse restrictions approved by the general court. Notwithstanding this section, leases for agricultural purposes on land owned by the commonwealth shall be made for a term of not more than 5 years, and the renewal date for such leases shall not be less than 1 year prior to the end of the lease period. Holders of such leases shall be given the opportunity to renew such leases for a consideration equal to the current lease amount plus an escalation amount to be established annually by the commissioner for application to all such leases. The commissioner shall monitor compliance with disposition agreements. The commissioner shall develop regulations governing the conditions under which the commissioner will recommend to the general court that a public agency, including but not limited to the government land bank, receive title to surplus property for other than direct public use. For petitions which authorize the sale, transfer or other disposition of any state-owned real property filed by persons other than the governor, the legislative committee to which that petition may be referred shall solicit a report from the commissioner stating the recommendation of the commissioner for either the approval or the disapproval of the bill and the reasons of the commissioner therefor. If the commissioner is recommending the approval of a bill proposing the disposition of a parcel exceeding 2 acres, said report shall include: (1) a description of the property including its current use, structures, and approximate metes and bounds; (2) the value of the property, determined through procedures customarily accepted by the appraising profession as valid for such purposes, calculated both for (a) the highest and best use of the property as currently encumbered and (b) uses and encumbrances that would be imposed by the bill if enacted; (3) all current and foreseeable direct public uses identified by following the division's procedures for such purposes as they apply to the property to be disposed (4) other potential public and private uses of the property; and (5) any other information the general court may require. The commissioner shall expeditiously review and recommend approval or disapproval of any proposal to the general court for the sale, rental or other disposition of real property acquired on behalf of state agencies, and shall dispose of real property as mandated by the general court. All legislation submitted to the general court by the division of capital asset management and maintenance requesting authorization to convey or transfer real property under its jurisdiction shall be accompanied by a full report outlining the division's reasons for pursuing said conveyance or transfer.

M.G.L. c. 7C, § 34 Procedure for the disposition of real property by sale, rental or otherwise

c. 7C, § 34. Procedure for the disposition of real property by sale, rental or otherwise Section 34. (a) When authorized by the general court to sell, rent or otherwise dispose of real property, the commissioner shall proceed in accordance with this section, provided that any action or determination required hereunder which the commissioner has undertaken within 18 months prior to enactment of the authorization to dispose of the property need not be repeated if the commissioner (1) files, as provided in subsection (b), a report fully describing such action or determination, a copy of which shall be sent to the clerks of the senate and the house of representatives, and the joint committee on state administration, and (2) certifies under penalties of perjury that such report is accurate and that the action or determination described therein was undertaken within 18 months prior to the date of enactment of the authorization to dispose of the property. The commissioner shall, after notification to and with the advice of the executive heads of state agencies and secretaries of the executive offices, determine whether such property is surplus to both current and foreseeable needs of state agencies. If the commissioner determines that the property is not surplus to either current or foreseeable needs of state agencies, the commissioner shall make no disposition that is inconsistent with such determination. If the commissioner determines that such property is surplus to both the current and foreseeable needs of state agencies, the commissioner shall provide written notice, for each city or town in which the property is located, to the city manager in the case of a city under Plan E form of government, the mayor and city council in the case of all other cities, the chairman of the board of selectmen in the case of a town, the county commissioners, the regional planning agency and the members of the general court. The commissioner shall set forth in such notice a description of the property; a declaration that the property is surplus to the needs of state agencies and that subject to the approval of the commissioner the property is available to any other public agency for a direct public use; and a statement that, if so requested by any public official or body entitled under this section to receive such notice, a public hearing will be conducted in the city or town where such property is located, to assist the commissioner in determining whether any other public agency has a current or foreseeable direct public use for the property. Following such hearing, if any, but in no event earlier than 30 days following the notice, the commissioner shall determine whether any other public agency has a current or foreseeable direct public use for the property. If the commissioner determines that the property is not surplus to either current or foreseeable direct public uses of public agencies, the commissioner shall make no disposition that is inconsistent with such determination. When the property is determined to be surplus to either current state or current direct public uses, but not to foreseeable state or foreseeable direct public uses, the commissioner shall take such action as is necessary to ensure that any disposition of the property is temporary and maintains the commissioner's ability to make such property available to a state agency or other public agency at such time as it is needed. If the commissioner determines that the property is surplus to both current and foreseeable direct public uses of public agencies, the commissioner may dispose of the property to a public agency for other than direct public use, or to an individual or entity, provided that any such disposition shall be subject to section 36. If the commissioner determines that the property is not needed for current or foreseeable state or direct public use and that the property should be disposed of, either temporarily or permanently, the commissioner shall declare that the property is available for disposition and shall determine appropriate reuse restrictions. The commissioner shall ensure that any rental agreement, and in the case of a conveyance a deed or separate disposition agreement as deemed appropriate by the commissioner, shall set forth all such reuse restrictions; shall provide for effective remedies on behalf of the commonwealth, including if deemed appropriate by the commissioner that title to the property, or such lesser interest as is the subject of the disposition agreement, shall revert to the commonwealth in the event of a violation of any such reuse restriction; and shall provide, in the case of a disposition to a public agency for a direct public use, that the title to the property, or such lesser interest as is the subject of the disposition agreement, shall revert to the commonwealth in the event the property is no longer utilized for such direct public use. In determining reuse restrictions, the commissioner shall conform to all such restrictions pertaining to the property which may have been mandated by the general court, and may adopt additional restrictions, taking account of established state and local plans and policies. The commissioner shall conduct a public hearing to consider reuse restrictions if the property exceeds 2 acres or if the gross square footage of all structures on the property is greater than or equal to 150,000 square feet or if the commissioner determines that a hearing should be held for a smaller parcel. Notice of the public hearing shall be placed at least once each week for 4 consecutive weeks preceding the hearing, in newspapers with sufficient circulation to inform the people of the affected locality. The hearing shall be held in the locality in which the property is located no sooner than 30 days and no later than 35 days after notice thereof is published in the central register. After the hearing is conducted, the commissioner shall make a draft of any reuse restrictions available to the public and shall accept written comments for a period of 21 days. If after the hearing is conducted the commissioner determines that no reuse restrictions are necessary, the commissioner shall make that decision available to the public and accept written comments on that decision for a period of 21 days. The commissioner shall establish the value of the property, through procedures customarily accepted by the appraising profession as valid for determining property value, for both the highest and best use of the property as currently encumbered and under the reuse restrictions as determined pursuant to this section. No agreement for the rental or other disposition of state-owned real property, and no deed, executed by or on behalf of the commonwealth, shall be valid unless such agreement or deed contains the following declaration, signed by the commissioner: The undersigned certifies under penalties of perjury that I have fully complied with sections 34 and 36 of chapter 7C of the General Laws in connection with the property described herein. It shall be the policy of the commonwealth that the commissioner shall not sell, rent, or dispose of any real property including but not limited to granting the right to lay, construct, maintain, or operate pipelines through, over, across, or under land, water, park, reservation or highway of the commonwealth, its agencies or its political subdivisions, to any person doing business in or with Burma (Myanmar). The commissioner may sell, rent, or dispose of said property or grant said rights to said person only after certifying in writing to the speaker of the house of representatives and president of the senate that such action is essential to protect the health and safety of the public. (b) The commissioner shall maintain, for a period of at least 6 years next following enactment of an authorization by the general court to dispose of real property, a file containing a copy of each document necessary to establish fulfillment of the requirements of subsection (a). Such file shall be open to public inspection.

M.G.L. c. 7C, § 35 Rental of premises outside of the state house or other buildings owned by the commonwealth

c. 7C, § 35. Rental of premises outside of the state house or other buildings owned by the commonwealth Section 35. The commissioner of capital asset management and maintenance shall suggest to the budget director, as part of his recommendation for the annual appropriation for space rentals provided for by section 3 of chapter 29, the maximum rate to be paid for the rental of space by type and geographical area and the maximum percentage to be paid for the escalation of all such rental costs. The budget director shall consider the suggestions of the commissioner in recommending the approval of such costs by the general court, as part of the annual appropriations act. The commissioner may rent, for the use of state agencies, through lease, tenancy-at-will or other rental agreement for a term not exceeding 10 years, premises outside of the state house or other buildings owned by the commonwealth. If the term of the rental agreement under which premises are being used for the purposes of a particular activity by any state agency expires between the beginning of a fiscal year and the effective date of an appropriation act for such fiscal year and no appropriation for rent for said premises has been made and if the general court has not provided otherwise, the commissioner may rent for such purposes the same or different premises, for a term not exceeding 5 years, obligating the commonwealth to pay no greater amount of rent for any period than was paid for a corresponding period under the expiring agreement. No charges for rentals provided for in this section shall exceed the maximum rate plus escalation cost approved by the general court. Further, the commissioner shall notify the house and senate committees on ways and means 30 days prior to the final authorization of any such rental agreement and such agreement shall only be made when the general court is in session, except as provided hereafter. Such agreement may be made when the general court is not in session, and the 30 day notification requirement may be waived, only if the commissioner certifies in writing that an emergency exists; provided that, any such agreement shall be authorized for a period not to exceed 6 months, and provided further, that the commissioner shall submit his certification to and notify the house and senate committees on ways and means of such agreement at the earliest possible opportunity. Notwithstanding the time limitation of this section or of any other law, the commissioner may enter into rental-purchase agreements for the purchase or construction of premises to be occupied by the division of employment and training outside of the state house or other buildings owned by the commonwealth, provided, that the costs incident to such rental-purchase agreements, including amortization, shall be borne by the federal government. After expiration of the period of amortization in each such instance, the commonwealth shall not charge the department of employment and training with rent of such premises, provided the federal government shall bear the cost of service to and maintenance of such premises. The secretary of administration and finance shall report quarterly to the house and senate committees on ways and means any lease, tenancy-at-will or other rental agreement, or any extensions thereof, made pursuant to this section; provided, however that said quarterly report shall include, by agency, the amount and location of such rental space, any new or additional space, the duration of the lease or agreement, the cost per square foot of such rental space, any increase or decrease in said cost, and the cost of the preceding lease or agreement.

M.G.L. c. 7C, § 35A Termination of lease for nonappropriation or nonallotment; renegotiation of lease

c. 7C, § 35A. Termination of lease for nonappropriation or nonallotment; renegotiation of lease Section 35A. (a) The commissioner, after consulting with the head of the leasing state agency or the court administrator, may exercise any contractual right to terminate a lease for nonappropriation or nonallotment if, in the determination of the agency head or the court administrator, insufficient funds are available within the agency's or the court's appropriation or allotment to maintain the lease consistent with maintaining core governmental functions. (b) The commissioner may, on behalf of a state agency or the administrative office of the trial court, renegotiate an existing facility's lease by that agency or office, which was procured pursuant to this chapter, to obtain a reduced lease rate or other valuable consideration in consideration of an extension of that lease beyond the 10–year limitation in section 35; provided, however, that no lease shall be extended to a date that is more than 15 years after the original commencement date of the lease. Before executing an extension of the lease under this section, the commissioner shall make a written determination that the renegotiated lease provisions are favorable to the commonwealth based on a cost-benefit analysis.

M.G.L. c. 7C, § 36 Advertisement for submission of proposals for the acquisition by purchase or rental of real property for the use of state agencies, or for the sale or rental of real property used by state agencies

c. 7C, § 36. Advertisement for submission of proposals for the acquisition by purchase or rental of real property for the use of state agencies, or for the sale or rental of real property used by state agencies Section 36. At least 30 days before opening proposals for the acquisition by purchase or rental of real property for the use of state agencies from an individual or entity, or for the sale or rental of real property used by state agencies (1) to a public agency other than a state agency for other than a direct public use, or (2) to an individual or entity, the commissioner of capital asset management and maintenance shall advertise in the central register published by the state secretary pursuant to section 20 of chapter 9 stating therein the need for or availability of such property, and inviting submission of such proposals. The advertisement shall specify the geographical area, terms and requirements of the proposed transaction, and 1 shall state the time and place for the submission of such proposals and for the opening thereof. In advertising for the rental of real property for use as an area welfare office, the geographical area specified in the advertisement shall include all municipalities serviced by the welfare office. In case of the rental or sale of over 2500 square feet of real property, such advertisement shall also be placed at least once each week for 4 consecutive weeks in newspapers with a circulation sufficient to inform the people of the affected locality. The last publication shall occur at least 8 days preceding the day for opening proposals. The advertising requirement may be shortened or waived if (1) the commissioner certifies in writing that an emergency exists, a copy of such written certification shall be sent to the joint committee on state administration, provided that every reasonable effort be made to seek competitive proposals, and provided that the commissioner shall disclose his reasons for declaring the emergency in the central register at the earliest opportunity; or (2) in the case of a proposed acquisition, if the commissioner determines that such advertising will not be beneficial to the commonwealth's interest because of the unique qualities or location of the property needed, provided that the commissioner shall set forth in writing his reasons for such determination, relating such unique requirements to the property proposed to be acquired, and that such determination and the reasons therefor shall be published in the central register not less than 30 days before any binding agreement to acquire such property is executed, together with the name of the parties having a beneficial interest in the property pursuant to section 38, the location and size of the property, and the proposed purchase price or rental terms. No agreement on behalf of the commonwealth for the rental of real property for the use of state agencies from an individual or entity shall be valid unless such agreement contains the following declaration, signed by the commissioner: The undersigned certifies under penalties of perjury that I have fully complied with the advertising requirements of section 36 of chapter 7C of the General Laws in connection with the property described herein. The commissioner shall also place notification in the central register of the individual or firm selected as party to any such real property transaction, and the amount of such transaction. In no instance in which the state retains responsibility for maintenance of the property shall the terms provide for payment of less than the maintenance costs. If the commissioner decides to dispose of the property at a price less than any of its values established pursuant to section 34, the commissioner shall include a justification for such decision in the notice and shall disclose the difference between the calculated value and the price received. After the execution of a rental or sale agreement completing such transaction, all proposals relating thereto shall be retained by the commissioner and shall be open to inspection by the public until the expiration of such agreement or 6 months from the date thereof, whichever occurs first, and may thereafter be destroyed by him.

M.G.L. c. 7C, § 37 Purchase, sale, rental, etc., of one or more acres of real property; notification of public officials of city or town in which real property located; hearing

c. 7C, § 37. Purchase, sale, rental, etc., of one or more acres of real property; notification of public officials of city or town in which real property located; hearing Section 37. At least 120 days prior to any purchase, sale, rental, lease, transfer, or significant change in use of one or more acres of real property by the commonwealth on behalf of state agencies, the commissioner of capital asset management and maintenance shall notify in writing, for each city or town in which the real property is located: the city manager in the case of a city under Plan E form of government, the mayor and the city council in the case of all other cities, the chairman of the board of selectmen in the case of a town, the county commissioners, the regional planning agency, and the members of the general court. Such 120 day notification requirement may be shortened if: (1) the public officials referred to above agree to reduce the 120–day period upon the request of the commissioner; or (2) the commissioner certifies in writing that an emergency exists, provided that commissioner shall submit his certification to and notify the appropriate local officials of any such transaction at the first possible opportunity. The notice shall include a statement of the present use, the reason for the proposed action, and the proposed use of the property. The commissioner shall at least 60 days prior to any such purchase, sale, rental, lease, transfer, or significant change in use of one or more acres of real property, cause a public hearing to be held, after giving timely notice, in the city or town where such real property is located for the purpose of disclosing the conditions or reasons for the proposed action.

M.G.L. c. 7C, § 38 Disclosure statement required for the rental or sale or purchase of real property to or from a public agency

c. 7C, § 38. Disclosure statement required for the rental or sale or purchase of real property to or from a public agency Section 38. No agreement to rent or to sell real property to or to rent or purchase real property from a public agency, and no renewal or extension of such agreement, shall be valid and no payment shall be made to the lessor or seller of such property unless a statement, signed, under the penalties of perjury, has been filed by the lessor, lessee, seller or purchaser, and in the case of a corporation by a duly authorized officer thereof giving the true names and addresses of all persons who have or will have a direct or indirect beneficial interest in said property with the commissioner of capital asset management and maintenance. This section shall not apply to any stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than 10 per cent of the outstanding stock entitled to vote at the annual meeting of such corporation. In the case of an agreement to rent property from a public agency where the lessee's interest is held by the organization of unit owners of a leasehold condominium created under chapter 183A, and time-shares are created in the leasehold condominium under chapter 183B, this section shall not apply to an owner of a time-share in the leasehold condominium who (i) acquires the time-share on or after a bona fide arms length transfer of such time-share made after the rental agreement with the public agency is executed and (ii) who holds less than 3 per cent of the votes entitled to vote at the annual meeting of such organization of unit owners. A disclosure statement shall also be made in writing, under penalty of perjury, during the term of a rental agreement in case of any change of interest in such property, as provided for above, within 30 days of such change. Any official elected to public office in the commonwealth, or any employee of the division of capital asset management and maintenance disclosing beneficial interest in real property pursuant to this section, shall identify his position as part of the disclosure statement. The commissioner shall notify the state ethics commission of such names, and shall make copies of any and all disclosure statements received available to the state ethics commission upon request. The commissioner shall keep a copy of each disclosure statement received available for public inspection during regular business hours.

M.G.L. c. 7C, § 39 Inventory of real property owned, rented or otherwise occupied by public agencies; publication and distribution; central depository of records

c. 7C, § 39. Inventory of real property owned, rented or otherwise occupied by public agencies; publication and distribution; central depository of records Section 39. The commissioner of capital asset management and maintenance shall establish and maintain a comprehensive inventory of the real property owned, rented or otherwise occupied by public agencies. Such inventory shall include a detailed description of the allocation, utilization and condition of real property used by state agencies and a general description of the size, type and use of real property under the jurisdiction of other public agencies. The real property inventory shall be published annually for distribution to state agencies and regional planning agencies, shall be filed by February 15 each year with the clerks of the house of representatives and the senate and the joint committee on state administration and regulatory oversight and shall be a public document available for general distribution. The division of capital asset management and maintenance shall be the central depository for all certificates of title, copies of deeds, records of sale, rental agreements and other pertinent records relating to real property acquired for the use of state agencies. All such documents shall be public records and shall be open to inspection by the public during regular business hours. The commissioner may delegate responsibility for the housing and care of such original records to a state agency if such records are necessary for the daily operation of said agency. A state agency requesting the delegation of such responsibility shall demonstrate to the commissioner that such records will be adequately maintained and housed. In case of such delegation, copies of essential records shall be deposited with the division. All public agencies shall cooperate with the division in providing the information required by this section.

M.G.L. c. 7C, § 40 Rules and regulations for the acquisition, utilization and disposition of real property

c. 7C, § 40. Rules and regulations for the acquisition, utilization and disposition of real property Section 40. The commissioner of capital asset management and maintenance shall establish rules and regulations for the acquisition, utilization and disposition of real property, which shall be applicable to state agencies and which shall be recommended to counties and building authorities and which shall be filed with the clerks of the house of representatives and the senate and the joint committee on state administration and regulatory oversight. The commissioner shall review rules and regulations promulgated by the secretary of housing and livable communities for the acquisition, utilization and disposition of real property and shall recommend approval or disapproval of such rules and regulations to said secretary. The commissioner may, at his discretion, delegate responsibility for the establishment of rules and regulations for the acquisition, utilization and disposition of real property, subject to his approval, to state agencies with special needs and a proven capability to promulgate such rules and regulations. Such rules and regulations shall, at a minimum, provide for: (a) a determination of the amount and type of real property needed to accommodate functions performed by agencies of the commonwealth; (b) a standard format for rental agreements and rental specifications; (c) current fair market rentals by geographical area; (d) methods of procurement and evaluation of service contracts for state-owned and rented real property; (e) procedures and criteria for determining when real property is not needed, is underutilized, or is not being put to optimum use; (f) rates to be charged in the rental of real property to public and federal agencies and private individuals and entities; (g) the method of procurement of independent determinations of property value, the number of such determinations, and the review of such determinations required before real property may be sold, purchased, or rented; (h) procedures to be employed in determining prices and terms for the sale, rental, or purchase of real property and certification required for proof of such procedures; (i) the satisfaction of requirements for the acquisition and disposition of real property as mandated by law and regulation; (j) the organization of space within buildings to maximize utilization; (k) a standard format for the disclosure of beneficial interest as mandated by section 38; and (l) the type and method of collection of information to be included in the real property inventory established by section 39. All such rules and regulations shall be filed in accordance with and subject to section 2 by the commissioner of the division of capital asset management and maintenance.

M.G.L. c. 7C, § 41 Unauthorized occupancy, expenditure for maintenance or use of land, buildings or other state-owned or state occupied facilities prohibited; penalties

c. 7C, § 41. Unauthorized occupancy, expenditure for maintenance or use of land, buildings or other state-owned or state occupied facilities prohibited; penalties Section 41. No department of the commonwealth shall occupy, or make any expenditure for the maintenance of, any land, buildings or other state-owned or state-occupied facilities or other property other than that under its control or jurisdiction. No department of the commonwealth shall authorize or otherwise allow the use by any private agency of such land, buildings or facilities under its control or jurisdiction unless such use or expenditure shall have been approved by the general court after recommendation by the secretary of administration and finance. Use without such approval shall be deemed to be a violation of this section, and the user shall pay a civil penalty at the rate of $10 per square foot annually for the period of such use.

M.G.L. c. 7C, § 42 Reporting of lease or any agreement for tenancy at will or other rental of space

c. 7C, § 42. Reporting of lease or any agreement for tenancy at will or other rental of space Section 42. The director of facilities management shall report quarterly to the house and senate committees on ways and means any lease negotiated or any agreement providing for a tenancy at will or other rental of space, and any renewal or extension thereof, which has been signed by the executive or administrative head of a state department, court, commission or board or which has been approved by the superintendent of the state house and by the secretary of administration and finance; provided, however, that said quarterly report shall include by agency, the amount and location of such rental space, any new or additional space, the duration of the lease or agreement, the cost per square foot of such rental space, any increase or decrease in said cost, and the cost of the preceding lease or agreement.

M.G.L. c. 7C, § 43 Procedure upon notice of site evaluation to determine presence of American Indian skeletal remains

c. 7C, § 43. Procedure upon notice of site evaluation to determine presence of American Indian skeletal remains Section 43. Upon the receipt of the commission of notice under section 6 of chapter 38 that a site evaluation will be made to determine if skeletal remains are American Indian, the commission may designate a representative to be present when said site evaluation is made. If the state archaeologist and commission determine that said remains are American Indian, the owner of the land whereon the remains were discovered, the state archaeologist, the commission and other interested parties shall determine whether prudent and feasible alternatives exist to avoid, minimize or mitigate harm to the Indian burial site. If it is not prudent and feasible to preserve the remains in the original Indian burial site then the state archaeologist shall excavate and recover the remains under the supervision of the commission on Indian affairs. The commission and state archaeologist shall then consult to determine how the remains shall be disposed. The final plan or agreement, which shall be in writing, may include provisions for preservation in situ; or the conducting of additional scientific and archaeological research and investigation with the approval of the commission on Indian affairs, or the immediate reinterment of the remains or with the consent of the site's owner, or the execution of a preservation restriction pursuant to section 32 of chapter 184. If it is determined that the remains are to be reinterred it shall be the responsibility of the commission on Indian affairs to conduct the reinterment. The state archaeologist and commission shall consult to determine whether a skeletal analysis shall be made; said analysis must be completed within 1 year of the date of approval. If more than 1 year is required to conduct said analysis, the commission and state archaeologist shall consult to determine whether the 1 year may be extended. If they fail to agree on whether the skeletal analysis shall be extended for more than 1 year, they shall each designate three qualified persons who shall meet and make a recommendation to the commission on Indian affairs on whether a skeletal analysis of the remains shall be made. The commission shall make the final decision on whether a skeletal analysis of the remains shall be conducted for longer than 1 year. It will be the responsibility of the commission on Indian affairs to reinter the remains when the skeletal analysis is completed.

M.G.L. c. 7C, § 44 Purpose of Secs. 44 to 57 relating to procurement and quality of design services; definitions

c. 7C, § 44. Purpose of Secs. 44 to 57 relating to procurement and quality of design services; definitions [ Subsection (a) effective until November 25, 2025. For text effective November 25, 2025, see below.] Section 44. (a) Sections 44 to 58, inclusive, shall: ensure that the commonwealth receives the highest quality design services for all its public building projects; provide for increased confidence in the procedures followed in the procurement of design and design related services; promote consistency in the methods of procurement of design and design related services for all public building projects in the commonwealth; foster effective broad-based participation in public work within the design professions; provide safeguards for the maintenance of the integrity of the system for procurement of designers' services within the commonwealth; [ Subsection (a) as amended by 2025, 73, Sec. 3 effective November 25, 2025. For text effective until November 25, 2025, see above.] (a) Sections 44 to 57, inclusive, shall: ensure that the commonwealth receives the highest quality design services for all its public building projects; provide for increased confidence in the procedures followed in the procurement of design and design related services; promote consistency in the methods of procurement of design and design related services for all public building projects in the commonwealth; foster effective broad-based participation in public work within the design professions; provide safeguards for the maintenance of the integrity of the system for procurement of designers' services within the commonwealth; [ Introductory paragraph of subsection (b) effective until November 25, 2025. For text effective November 25, 2025, see below.] (b) As used in sections 44 to 58, inclusive, the following words shall have the following meanings, unless the context clearly requires otherwise, or a different definition is prescribed for a particular section or provision. [ Introductory paragraph of subsection (b) as amended by 2025, 73, Sec. 3 effective November 25, 2025. For text effective until November 25, 2025, see above.] (b) As used in sections 44 to 57, inclusive, the following words shall have the following meanings, unless the context clearly requires otherwise, or a different definition is prescribed for a particular section or provision. "Applicant'', any person or entity applying to perform design services, the principal personnel responsible for the provision of such services for the project, and the persons who will be the principal staff for the project. "Board'', the designer selection board. "Commissioner'' and "division'', the commissioner and the division of capital asset management and maintenance. "Continued services'', authorization for a designer or interior designer who has been appointed for 1 stage of a project to act as the designer or interior designer for a succeeding stage or stages of the same project. "Construction manager'', any designer or any other corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or other entity engaged in the practice of construction management or construction scheduling. "Design services'', any of the following services provided by any designer, interior designer, programmer, or construction manager in connection with any public building project: (i) preparation of master plans, studies, surveys, soil tests, cost estimates or programs; (ii) preparation of drawings, plans, or specifications, including but not limited to schematic drawings, preliminary plans and specifications, working plans and specifications or other administration of construction contracts documents; (iii) supervision or administration of a construction contract; (iv) construction management or scheduling. "Designer'', an individual, corporation, partnership, sole proprietorship, joint stock company, joint venture, or other entity engaged in the practice of architecture, landscape architecture, or engineering, which satisfies the following: (i) if an individual, the individual is a registered architect, landscape architect, or engineer; (ii) if a partnership, a majority of all the partners are persons who are registered architects, landscape architects, or engineers; (iii) if a corporation, sole proprietorship, joint stock company or other entity, the majority of the directors or a majority of the stock ownership and the chief executive officer are persons who are registered architects, landscape architects, or engineers, and the person to have the project in his or her charge is registered in the discipline required for the project; (iv) if a joint venture, each joint venturer satisfies the requirements of this section. "Director'', the director of the office of project management, or in the case of agencies subject to section 4B of chapter 7, the chief executive official of the agency or his designee. "Extended services'', authorization for a designer or interior designer who has been appointed to provide design services for a project to act as designer or interior designer for work to be done on another project not originally included in that designer's or interior designer's contract. "Interior Designer'', an individual, corporation, partnership, sole proprietorship, joint stock company, joint venture or other entity engaged in the practice of interior design, who may serve as the prime consultant for projects that primarily involve construction or other work relating to the nonstructural interior elements of a building or structure and who provides services that do not require a registered architect, landscape architect or engineer; provided, however, that an interior designer shall demonstrate competence by completion of a nationally-recognized certification. "Nonstructural'', interior elements or components that are not load-bearing and do not require design computations for a building's structure, including, but not limited to, ceiling and partition systems and excluding the structural frame supporting a building. "Partition'', a wall which does not support a vertical load of a structure other than its own weight, but may support loads attached to it, such as cabinetry, shelving or grab bars, and does not extend further than from the floor of an interior area of a structure designed for human habitation or occupancy to the underside of the deck of that structure. "Programmer'', any designer or any other individual, corporation, partnership, sole proprietorship, joint stock company, joint venture or other entity engaged in the preparation of architectural facility programs or studies. "Public agency'', a department, agency, board, commission, authority, or other instrumentality of the commonwealth or political subdivision of the commonwealth or two or more subdivisions thereof other than cities and towns, and any agency, unit, authority, or instrumentality thereof but not including the State College Building Authority or the University of Massachusetts Building Authority.

M.G.L. c. 7C, § 45 Designer selection board

c. 7C, § 45. Designer selection board Section 45. (a) There shall be located within the executive office for administration and finance a designer selection board, consisting of 11 members. Eight members shall be appointed by the governor, 3 of whom shall be registered architects, or currently unregistered but with at least 10 years' experience as an architect registered by a National Council of Architectural Registration Boards member board or who may be architects emeritus and none of whom shall have a record of disciplinary action; 3 of whom shall be registered engineers or currently unregistered but with at least 10 years' experience as a registered engineer and none of whom shall have a record of disciplinary action; and 2 of whom shall be representatives of the public who are not architects, engineers or construction contractors. Three additional members shall be appointed as follows: 1 registered architect by the Massachusetts State Association of Architects, 1 registered engineer by the government affairs council of design professional and 1 general contractor by the associated general contractor. The board shall be expanded from the present 5 members to 11 members according to the following schedule: 1 additional architect, 1 additional engineer, and the 1 general contractor shall be appointed by the designated body within 90 days of the effective date of this section; another additional public representative shall be appointed within 1 year thereafter. Members shall be appointed for terms of 2 years and may be reappointed for no more than 1 successive 2 year term. The director shall designate a representative, who shall be the project manager in the case of a project under the jurisdiction of the office of project management, to act as a nonvoting member of the board for each project under his jurisdiction under consideration by the board. No provision of this section shall operate to reduce the tenure of members of the board serving at the time of the effective date of this section, except that the director of bureau of building construction shall cease to so serve upon the effective date of this section. (b) Members of the board shall be reimbursed for all necessary expenses incurred in the discharge of their official duties. (c) The board shall employ an executive director who shall be appointed by the secretary of administration and finance and who shall have either: (1) not fewer than 15 years of experience as a registered architect but who shall not have a record of disciplinary action; or (2) not fewer than 15 years of experience as a registered engineer but who shall not have a record of disciplinary action. The board shall employ such other staff or consultants as it may deem necessary, subject to appropriation. The board and its staff may travel within and without the commonwealth.

M.G.L. c. 7C, § 46 Jurisdiction of designer selection board; exemptions from jurisdiction

c. 7C, § 46. Jurisdiction of designer selection board; exemptions from jurisdiction Section 46. (a) The board shall have jurisdiction over the selection of all designers, interior designers, programmers, and construction managers performing design services in connection with any building project for all public agencies within paragraphs (1), (2) and (4) of section 4, except those public agencies within section 54, and the procedures promulgated by any agency of the commonwealth for such selection by any housing authority subject to paragraph (3) of said section, unless a specific exemption from the board's jurisdiction is provided under this section. [ Subsection (b) effective until November 25, 2025. For text effective November 25, 2025, see below.] (b) The board shall grant an exemption for 2 years from its jurisdiction to each public agency within paragraphs (3) and (4) of section 4, but in no event to any public agency within paragraphs (1) and (2) of said section 4, if the agency has filed a written application for an exemption pursuant to subsection (c) of this section; provided, however, that the board shall withhold an exemption if the board determines that the designer or interior designer selection procedure proposed by the public agency does not substantially incorporate the procedures required in section 45 to 53, inclusive, and section 56, or that the selection of finalists will not be made with the advice of design professionals or that the procedure proposed by the public agency does not satisfy the purposes of sections 44 to 58, inclusive, as set forth in said section 44, or that withholding such an exemption is in the best interest of the commonwealth; provided, however, that nothing in this section shall be interpreted to require the establishment of a board as prescribed in section 45 or to waive or in any way diminish the requirements imposed by any other general law. No withholding of an exemption shall take effect until the board shall have specified in writing the reasons for withholding an exemption and any changes in the agency's procedures which are required before an exemption will be granted. An agency granted an exemption or renewal thereof from the jurisdiction of the board shall, during any period such exemption or renewal is in effect, advertise for and select designers and interior designers to perform design services and continue or extend the services of any designers or interior designers in accordance with the agency's last written designer or interior designer selection procedures approved by the board in conformity with this section. [ Subsection (b) as amended by 2025, 73, Sec. 4, effective November 25, 2025. For text effective until November 25, 2025, see above.] (b) The board shall grant an exemption for 2 years from its jurisdiction to each public agency within paragraphs (3) and (4) of section 4, but in no event to any public agency within paragraphs (1) and (2) of said section 4, if the agency has filed a written application for an exemption pursuant to subsection (c) of this section; provided, however, that the board shall withhold an exemption if the board determines that the designer or interior designer selection procedure proposed by the public agency does not substantially incorporate the procedures required in section 45 to 53, inclusive, and section 56, or that the selection of finalists will not be made with the advice of design professionals or that the procedure proposed by the public agency does not satisfy the purposes of sections 44 to 57, inclusive, as set forth in said section 44, or that withholding such an exemption is in the best interest of the commonwealth; provided, however, that nothing in this section shall be interpreted to require the establishment of a board as prescribed in section 45 or to waive or in any way diminish the requirements imposed by any other general law. No withholding of an exemption shall take effect until the board shall have specified in writing the reasons for withholding an exemption and any changes in the agency's procedures which are required before an exemption will be granted. An agency granted an exemption or renewal thereof from the jurisdiction of the board shall, during any period such exemption or renewal is in effect, advertise for and select designers and interior designers to perform design services and continue or extend the services of any designers or interior designers in accordance with the agency's last written designer or interior designer selection procedures approved by the board in conformity with this section. (c) An application by a public agency for exemption from the jurisdiction of the board pursuant to this section must be verified by the agency director under the penalties of perjury, and must contain: (i) a detailed description of the designer selection process and the written designer or interior designer selection procedures which the agency proposes to use; (ii) a statement that the agency's proposed designer or interior designer selection process substantially incorporates the procedures required of the board in sections 45 to 53, inclusive, and section 56; (iii) a statement that the agency's projects are not subject to the jurisdiction of the division of capital planning and operations; and (iv) any other information required by the board. (d) An exemption shall be renewed by the board on a biennial basis if: (i) the board finds that the requirements of subsection (b) are met at the time of the renewal; (ii) the agency director files a verified application for renewal containing a description of any proposed changes in its designer or interior designer selection procedure; and (iii) the agency director filed a semi-annual report containing: a list of contracts for designer or interior designer services awarded by the agency since its last application, including for each project the name and address of any designer or interior designer awarded such contracts; a brief description of the project; the estimated, or if available, the final construction cost for the project; the estimated or, if available, final fee paid to the designer or interior designer; and certification that all contracts so listed were awarded by the procedure described in the agency's last application. (e) Subject to subsection (f), a contract for design services shall be exempt from jurisdiction of the board if: (i) the design fee under the contract is less than $30,000; or (ii) the estimated construction cost of the project for which the design services are required is less than $300,000; or (iii) the contract is for the fabrication or installation of modular buildings procured in accordance with section 44E of chapter 149; or (iv) the contract is for the demolition of buildings. Projects consisting of energy management services procured in accordance with section 11C of chapter 25A and regulations promulgated thereunder shall be exempt from the jurisdiction of the board. (f) The following types of projects, and contracts for design services for such projects, shall not be exempt from the board's jurisdiction: (i) contracts for continued or extended services on projects over which the board otherwise has jurisdiction; and (ii) projects otherwise subject to the jurisdiction of the board for which an agency or the division intends to use its own staff to perform design services, except projects within Class I, as defined by subsection (d) of section 49, unless the board determines that the agency or the division has the capability with its existing staff to perform those services on the project in question, applying the same criteria as are used for selection of consultant designers.

M.G.L. c. 7C, § 47 Public notice requirements for contracts for design services

c. 7C, § 47. Public notice requirements for contracts for design services Section 47. (a) Each contract for design services for a project subject to the jurisdiction of the board shall be publicly advertised by the board in a newspaper of general circulation in the area in which the project is located or to be located, and in the central register established under section 20A of chapter 9, and in such places as the board requires by regulation, at least 2 weeks before the deadline for filing applications; provided, however, that each contract for design services for a project whose estimated cost of construction is not less than $10,000 nor more than $25,000 shall not be required to be advertised in a newspaper of general circulation but shall be required to be advertised in the central register. (b) The public notice required by subsection (a) shall contain: (i) a description of the project, including the specific design services sought, the time period within which the project is to be completed, and, if available, the estimated construction cost; (ii) if there is a program for the project, a statement of when and where the program will be available for inspection for applicants, and when and where a briefing session will be held for applicants, if one is required by the board's regulations and if there is not a program for the project, a statement to the effect; (iii) the qualification required of applicants for the projects, including whether interior designers are eligible to apply, as determined by subsection (h) of section 48; (iv) the categories of designers' and interior designers' consultants, if any, for which applicants must list the names of consultants which the applicant may choose to use; and (v) whether the fee has been set or will be negotiated, and if the fee has been set, the amount of the fee.

M.G.L. c. 7C, § 48 Written application and disclosure statement required for designers, interior designers, programmers or construction managers filing an application for project; designer evaluation form

c. 7C, § 48. Written application and disclosure statement required for designers, interior designers, programmers or construction managers filing an application for project; designer evaluation form Section 48. (a) No designer, interior designer, programmer, or construction manager may file an application for any project subject to the board's jurisdiction unless having first filed with the board a written statement containing the following information: (i) certification that the applicant legal entity, if applying to perform design services other than preparation of studies, surveys, soil testing, cost estimates or programs, is a designer, interior designer or construction manager as defined in subsection (b) of section 44; (ii) the names and addresses of all partners, if a partnership, of all officers, directors and all persons with an ownership interest of more than 5 per cent in the applicant if not a partnership; (iii) the registration number and status of each such person in every jurisdiction in which such person has ever been registered as an architect, landscape architect or engineer; (iv) a list of all projects for all public agencies within the commonwealth for which the applicant has performed or has entered into a contract to perform design services within the 5 year period immediately preceding the filing of the information required in this section; (v) a list of all current projects for which the applicant is performing or is under contract to perform any design services; and (vi) if the applicant is a joint venture, the information required in this section shall be required for each joint venturer, as well as for the joint venture itself. (b) The board shall keep a permanent record of the statements filed pursuant to this section and shall require the statements to be made current on a regular basis, and that statements pursuant to clauses (v) and (vi) of subsection (a) be current with each application filed. (c) An applicant to perform design, programming or construction management services on a project must file, in addition to the statement required under subsection (a), a written application as prescribed by the board, relating to the applicant's experience, ability, and qualifications. (d) The board and its staff shall be allowed access to all records of all public agencies concerning any applicant, or any project for which the applicant performed any services, for the purpose of verifying information submitted by the applicant, or for the purpose of evaluating the applicant's experience, ability and qualifications. (e) Every application or statement filed pursuant to this section shall be sworn to under penalties of perjury. A designer, interior designer, programmer or construction manager who has been determined by the board to have filed materially false information under this section shall be disqualified by the board from further consideration for any project for such time as the board determines is appropriate. (f) The board shall not advertise for designers and interior designers nor select any finalists to perform any design services other than the preparation of master plans, studies, surveys, soil tests, cost estimates, or programs unless the deputy commissioner certifies that it is appropriate to do so and either that a program defining the design services required has been prepared, and has been approved by the division, or that no program is required by the division. (g) Interior designers shall be eligible to compete as the prime consultant only for projects that primarily involve construction or other work related to nonstructural interior elements of a building or structure. (h) The division of capital asset management and maintenance, in consultation with the board, shall develop a standard designer and interior designer evaluation form that shall be completed by every public agency, as defined in section 44A of chapter 149, upon completion of the work under a design contract under its control. The evaluation form shall be submitted to the division and the board for the designer's or interior designer's qualification file. The official from the public agency or the owner's representative shall certify that the information contained on the designer's or interior designer's evaluation form represents, to the best of the official's or representative's knowledge, a true and accurate analysis of the designer's or interior designer's performance record on the contract. The public agency shall mail a copy of the designer's or interior designer's evaluation form to the designer or interior designer who may, within 30 days, submit a written response to the division and board disputing any information contained in the form and setting forth any additional information concerning the building project or the oversight of the building construction contract by the public agency as may be relevant to the evaluation of the designer's or interior designer's performance. The division and board shall attach such a response to the evaluation form for inclusion in the designer's or interior designer's qualification file. No public employee or public employer, as defined in section 1 of chapter 258, and no person shall be liable for an injury or loss to a designer or interior designer as a result of the completion of a designer or interior designer evaluation form as required by this section, unless the individual completing the evaluation form has been found by a superior court of competent jurisdiction to have acted in a willful, wanton or reckless manner. If a designer or interior designer, seeking to recover damages resulting from injury caused by such an evaluation, commences a suit against a person who has completed a designer or interior designer evaluation form as required by this section, the public agency for whom the evaluation form was completed or the commonwealth, if the evaluation was completed for a state agency, shall provide for the legal representation of that person. The public agency or the commonwealth, where an evaluation was completed for a state agency, shall indemnify the person who completed the evaluation from all personal financial losses and expenses including, but not limited to, legal fees and filing costs, if any, in an amount not to exceed $1,000,000; provided, however, that no such person shall be indemnified for losses other than legal fees and filing costs under this section if that person is found by a court or a jury to have acted in a willful, wanton or reckless manner. The awarding authority shall provide the designer or interior designer with a written preliminary evaluation at the completion of the schematic phase of the project for informational purposes. A public agency that fails to complete and submit the designer or interior designer evaluation form, together with any written response by the designer or interior designer, to the division within 70 days of the completion of a project shall be ineligible for receipt of public funds disbursed by the commonwealth for public building or public works projects.

M.G.L. c. 7C, § 49 Selection of semifinalists and finalists; criteria for selection; disqualification of board member from participation in selection of designer or interior designer

c. 7C, § 49. Selection of semifinalists and finalists; criteria for selection; disqualification of board member from participation in selection of designer or interior designer Section 49. (a) The board shall adopt written applicants' criteria for selection of semifinalists and finalists based upon information obtained under section 48 for each project. The criteria shall include: (i) prior similar experience; (ii) past performance on public and private projects; (iii) financial stability; (iv) identity and qualifications of the consultants who will work with the applicant on the project; and (v) any other criteria that the board considers relevant for any project, including evidence of the applicant's ability to advance the commonwealth's goals under section 6. (b) Semifinalists may be chosen for each project. The board shall select at least 3 finalists from among all the applicants, or from the semifinalists selected under this section, and in doing so may require all the applicants or the semifinalists to: (i) appear for an interview before the board; (ii) present a written proposal to the board; or (iii) participate in a design competition held by the board. (c) The board shall transmit a list of the chosen finalists to the commissioner. No person or firm debarred pursuant to section 44C of chapter 149 or disqualified pursuant to section 47 shall be so included as a finalist. The board shall transmit to the commissioner all material made or received relating to such recommendation. The list shall rank the finalists in order of qualification and include a record of the final vote of the board on the selection; and include a written statement explaining the board's reasons for its choice and its ranking of the finalists. (d) The board may delegate its powers and duties under subsection (b) of section 47, subsections (c) and (d) of section 48, subsections (a) and (b) of section 50 and sections 51 and 52 to panels of less than all the board members. A panel of not less than 6 members shall be required for selection of designers and interior designers under this section, 4 of whom shall be architects or engineers, including at least 1 architect and 1 engineer on that panel. (e) For the purposes of chapter 268A and subject to the penalties therein, no member of the board shall participate in the selection of a designer or interior designer as a finalist or semifinalist for any project if the member or any member of his immediate family: (i) has a direct or indirect financial interest in the award of the design contract to any applicant; (ii) is currently employed by, or is a consultant to or under contract to an applicant. (iii) is negotiating or has an arrangement concerning future employment or contracting with any applicant; or (iv) has an ownership interest in, or is an officer or director of, any applicant.

M.G.L. c. 7C, § 50 Selection of designer or interior designer from list of chosen finalists when fee set or when fee negotiated; statement of fee in contract; withholding of fees

c. 7C, § 50. Selection of designer or interior designer from list of chosen finalists when fee set or when fee negotiated; statement of fee in contract; withholding of fees Section 50. (a) In the selection of a designer or interior designer when the fee for design services has been set by the commissioner prior to the selection process, the commissioner shall appoint a designer or interior designer from among the list transmitted to the commissioner under section 49. If the commissioner appoints any designer or interior designer other than the 1 ranked first by the board, the commissioner shall file a written justification of the appointment with the board. (b) When the fee for design services is to be negotiated, the commissioner shall review the list transmitted by the board and may exclude any designer or interior designer from the list if a written explanation of the exclusion is filed with the board. The commissioner shall then appoint a designer or interior designer based on successful fee negotiation. The commissioner or persons designated by the commissioner shall first negotiate with the first ranked designer or interior designer remaining on the list. Should the commissioner be unable to negotiate a satisfactory fee with the first ranked designer or interior designer within 30 days, negotiations shall be terminated and negotiations undertaken with the remaining designers or interior designers, 1 at a time, in the order in which they were ranked by the board, until an agreement is reached. In no event may a fee be negotiated which is higher than a maximum fee set by the commissioner prior to selection of finalists. Should the commissioner be unable to negotiate a satisfactory fee with any designer or interior designer initially selected as a finalist by the board, the board shall recommend additional finalists in accordance with this chapter. The commissioner may require a finalist with whom a fee is being negotiated to submit a fee proposal and include with it such information as the commissioner requires to provide current cost and pricing data on the basis of which the designer's or interior designer's fee proposal may be evaluated. (c) All fees shall be stated in designer's contracts and in any subsequent amendment thereto as a total dollar amount. Contracts may provide for equitable adjustments in the event of changes in scope or services. (d) Notwithstanding any general or special law to the contrary, all public entities within the commonwealth, agencies and authorities of the commonwealth and municipal entities within the commonwealth, including departments, boards, committees or commissions shall be entitled to withhold up to 5 per cent of contract fees earned and invoiced as part of professional service contracts, during the life of the contract. Withheld fees shall be held for not longer than 2 invoice periods when the contractor is permitted to invoice monthly, or until successful completion of the next contract phase or stage when the contractor is permitted to invoice by project phase or stage. When the work covered by the contract is completed, all remaining withheld fees shall be paid to the contractor within 2 months from the date of completion. If the withholdings are not paid to the contractor within the stipulated time limit, the amount of the withholding in arrears shall be increased at a 12 per cent annual rate. (e) Notwithstanding any general or special law to the contrary, agencies and authorities of the commonwealth and municipal entities within the commonwealth, including departments, boards, committees or commissions, shall pay all outstanding withheld fees on professional service contracts, when the withholding has been held for longer than 2 invoice periods for active contracts, or that remains withheld on contracts which have been completed, or for which the work of the contractor has been completed.

M.G.L. c. 7C, § 51 Use of consultants by applicants; truth-in-negotiations certificate; special conditions or requirements; other certifications or provisions required for inclusion in every contract for design services; professional liability insurance required; disqualification from future projects for providing materially false statements; continuation of design work by designer or interior designer conducting feasibility study

c. 7C, § 51. Use of consultants by applicants; truth-in-negotiations certificate; special conditions or requirements; other certifications or provisions required for inclusion in every contract for design services; professional liability insurance required; disqualification from future projects for providing materially false statements; continuation of design work by designer or interior designer conducting feasibility study Section 51. (a) When the board has required that applicants list consultants which the applicants may employ, in no event shall a consultant be used who is debarred pursuant to section 44C of chapter 149 and any change in or addition to the consultants named in the application and allowed by the board upon appointment must be approved by the commissioner and reported to the board, along with a written statement by the designer or construction manager of the reasons for the change. (b) If the designer's, interior designer's or construction manager's fee is negotiated, the designer, interior designer or construction manager shall file a truth-in-negotiations certificate prior to being awarded the contract by the commissioner, which must be incorporated into the contract. The certificate shall contain: (i) a statement that the wage rates and other costs used to support the designer's or interior designer's compensation are accurate, complete and current at the time of contracting; and (ii) an agreement that the original contract price and any additions to the contract may be adjusted within 1 year of completion of the contract to exclude any significant amounts if the commissioner determines that the fee was increased by such amounts due to inaccurate, incomplete or noncurrent wage rates or other costs. (c) The board may specify other special conditions or requirements in selecting a particular applicant as a finalist. If any change is made by the applicant after appointment relating to such special conditions or requirements, the change must be approved by the commissioner and reported to the board along with a written statement by the appointee of the reasons for the change. [ Introductory paragraph of subsection (d) effective until November 25, 2025. For text effective November 25, 2025, see below.] (d) Every contract for design services awarded under sections 44 to 58, inclusive, shall include the following: [ Introductory paragraph of subsection (d) as amended by 2025, 73, Sec. 5 effective November 25, 2025. For text effective until November 25, 2025, see above.] (d) Every contract for design services awarded under sections 44 to 57, inclusive, shall include the following: (i) certification that the designer, interior designer or construction manager has not given, offered or agreed to give any person, corporation or other entity any gift, contribution or offer of employment as an inducement for or in connection with the award of the contract for design services; (ii) certification that no consultant to or subcontractor for the designer, interior designer or construction manager has given, offered or agreed to give any gift, contribution or offer of employment to the designer, interior designer or construction manager or to any other person, corporation or entity as an inducement for or in connection with the award to the consultant or subcontractor of a contract by the designer, interior designer or construction manager; (iii) certification that no person, corporation or other entity, other than a bona fide full-time employee of the designer, interior designer or construction manager, has been retained or hired by the designer, interior designer or construction manager to solicit for or in any way assist the designer, interior designer or construction manager in obtaining the contract for design services upon an agreement or understanding that such person, corporation or other entity be paid a fee or other consideration contingent upon the award of the contract to the designer or interior designer; and (iv) certification with respect to contracts which exceed $30,000 or which are for the design of a building for which the budgeted or estimated construction costs exceed $300,000 that the designer or interior designer has internal accounting controls as required by subsection (c) of section 39R of chapter 30 and that the designer or interior designer has filed and will continue to file an audited financial statement as required by subsection (d) of said section 39R of said chapter 30. (e) A public agency shall not enter into a contract for design services unless the public agency or the designer or interior designer has obtained professional liability insurance covering negligent errors, omissions and acts of the designer or interior designer or of any person or business entity for whose performance the designer or interior designer is legally liable arising out of the performance of the contract. The total amount of such insurance shall at a minimum equal the lesser of $1,000,000 or 10 per cent of the project's estimated cost of construction or such larger amounts as the public agency may require for the applicable period of limitations. A designer or interior designer required by the public agency to obtain all or a portion of such insurance coverage at the designer's or interior designer's own expense shall furnish a certificate of insurance coverage to the public agency prior to the award of the contract. For the purposes of this subsection, "public agency'' shall have the meaning set forth in section 1. At the request of the director, a consultant employed by a designer or interior designer subject to this subsection shall obtain and maintain a liability insurance policy covering negligent errors, omissions and acts of such consultant or of any person or business entity for whose performance the consultant is legally liable arising out of the performance of the contract for consultant services. The consultant shall furnish a certificate of such insurance coverage to the division in the case of a consultant hired by a designer or interior designer selected pursuant to section 49 or to a public agency not subject to the jurisdiction of the board prior to the employment of such consultant by the designer or interior designer. A liability insurance policy maintained under this subsection shall provide for coverage of such type and duration and in such amount as the public agency shall require. (f) A designer, interior designer, construction manager or programmer who has been determined by the board to have provided materially false statements or information under this section shall be disqualified by the board from future work on any project for such time as the board determines is appropriate. (g) Contracts for design services may include a requirement that the designer or interior designer be responsible for overseeing the construction phase of the project. (h) An awarding authority in a city or town may allow a designer or interior designer who conducted a feasibility study to continue with the design of a project; provided, however, that nothing in this subsection shall prohibit an awarding authority from commissioning, at the discretion of the awarding authority, an independent review by a knowledgeable and competent individual or business doing such work, of the feasibility of the designer's or interior designer's work to insure its reasonableness and its adequacy before allowing the designer or interior designer to continue on the project. (i) Contracts for design services shall include a provision that the designer or interior designer or the consultants hired by the designer or interior designer shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by the designer or interior designer in the preparation of the bid documents, as reasonably determined by the executive head of the public agency responsible for administering the design contract. For the purpose of this subsection, "public agency'' shall have the meaning as set forth in section 1.

M.G.L. c. 7C, § 52 Appointment of designer or interior designer for continued or extended services

c. 7C, § 52. Appointment of designer or interior designer for continued or extended services Section 52. The commissioner may appoint a designer or interior designer to perform continued or extended services if the following conditions are met: (i) a written statement is filed with the board explaining the reasons for the continuation or extension of services; (ii) the program for the design services is filed with the board if one is required by the regulations of the division; and (iii) the board approves the appointment of the designer or interior designer for continued or extended services and states the reason therefor.

M.G.L. c. 7C, § 53 Expedited selection procedures upon declaration of emergency situation

c. 7C, § 53. Expedited selection procedures upon declaration of emergency situation [ Subsection (a) effective until November 25, 2025. For text effective November 25, 2025, see below.] Section 53. (a) Whenever the health or safety of any persons will be endangered because of the time required for the selection of a designer, interior designer, programmer or construction manager by the procedures prescribed by sections 44 to 58, inclusive, or whenever a deadline for action is set on a project by any court or federal agency which cannot be met if those selection procedures are followed, the commissioner may declare that an emergency situation exists. [ Subsection (a) as amended by 2025, 73, Sec. 6, effective November 25, 2025. For text effective until November 25, 2025, see above.] (a) Whenever the health or safety of any persons will be endangered because of the time required for the selection of a designer, interior designer, programmer or construction manager by the procedures prescribed by sections 44 to 57, inclusive, or whenever a deadline for action is set on a project by any court or federal agency which cannot be met if those selection procedures are followed, the commissioner may declare that an emergency situation exists. (b) If the commissioner declares that an emergency situation exists, finalist selection may be made by the board by expedited procedures adopted by regulation by the board.

M.G.L. c. 7C, § 54 Adoption of written selection procedure prior to award of contract for design services

c. 7C, § 54. Adoption of written selection procedure prior to award of contract for design services [ Introductory paragraph of subsection (a) effective until November 25, 2025. For text effective November 25, 2025, see below.] Section 54. (a) Every contract for design services for any building construction, reconstruction, alteration, remodeling, or repair by any city, town, or agency, board, commission, authority or instrumentality thereof, other than housing authorities and projects requesting funding from the Massachusetts School Building Authority shall be awarded only after a selection procedure adopted in writing, prior to publication requesting applications, complying with the purposes and intent of sections 44 to 58, inclusive, and the following requirements: [ Introductory paragraph of subsection (a) as amended by 2025, 73, Sec. 7, effective November 25, 2025. For text effective until November 25, 2025, see above.] (a) Every contract for design services for any building construction, reconstruction, alteration, remodeling, or repair by any city, town, or agency, board, commission, authority or instrumentality thereof, other than housing authorities and projects requesting funding from the Massachusetts School Building Authority shall be awarded only after a selection procedure adopted in writing, prior to publication requesting applications, complying with the purposes and intent of sections 44 to 57, inclusive, and the following requirements: (i) section 47 regarding public notice; (ii) the establishment of uniform requirements of information to be submitted by all applicants, a uniform procedure for the evaluation of all applications to a group of not fewer than 3 finalists, the opportunity to be afforded equally to all finalists to provide additional information to or appear before the selection body, and a procedure for the submission of a fee proposal and the negotiation of fees between the awarding authority and the selected applicant with whom the fee is being negotiated consistent with subsection (b) of section 50; (iii) that a written explanation of the reasons for selection including the recorded vote if any was taken be made public and accompany the notification of award in the awarding authority's records; (iv) subsection (c) of section 50 regarding the designation of fees in the contract; (v) that nothing in this section shall be interpreted to require the establishment of a board or to waive or reduce the requirements of any other applicable law or regulation. [ Subsection (b) effective until November 25, 2025. For text effective November 25, 2025, see below.] (b) The board shall publish guidelines to assist public agencies not within the board's jurisdiction in the establishment of a professional and objective designer or interior designer selection procedure, including a model application form, consistent with sections 44 to 58, inclusive. The board shall publish a standard designer or interior designer selection form which shall be used by all cities, towns and public agencies not within the board's jurisdiction; provided, however, that before publishing the standard form, the board shall seek input from the cities, towns and other public agencies not within the board's jurisdiction. Any fee guidelines promulgated by the board shall be accompanied by a recommended basic scope of designer's or interior designer's services that shall reflect the work associated with the fee guidelines. From time to time, and not less frequently than every 3 years, the board shall review and revise the fee schedule based upon prevailing costs at the time of such review and revision. [ Subsection (b) as amended by 2025, 73, Sec. 7, effective November 25, 2025. For text effective until November 25, 2025, see above.] (b) The board shall publish guidelines to assist public agencies not within the board's jurisdiction in the establishment of a professional and objective designer or interior designer selection procedure, including a model application form, consistent with sections 44 to 57, inclusive. The board shall publish a standard designer or interior designer selection form which shall be used by all cities, towns and public agencies not within the board's jurisdiction; provided, however, that before publishing the standard form, the board shall seek input from the cities, towns and other public agencies not within the board's jurisdiction. Any fee guidelines promulgated by the board shall be accompanied by a recommended basic scope of designer's or interior designer's services that shall reflect the work associated with the fee guidelines. From time to time, and not less frequently than every 3 years, the board shall review and revise the fee schedule based upon prevailing costs at the time of such review and revision. [ Subsection (c) effective until November 25, 2025. For text effective November 25, 2025, see below.] (c) Any city, town or other public agency not otherwise subject to the jurisdiction of the board may request the board to exercise jurisdiction regarding the selection of applicants to perform design services for a specified period of time or for a specified project. In such cases, all provisions of sections 44 to 58, inclusive, shall apply to the board, the applicants and the public agency so requesting. [ Subsection (c) as amended by 2025, 73, Sec. 7, effective November 25, 2025. For text effective until November 25, 2025, see above.] (c) Any city, town or other public agency not otherwise subject to the jurisdiction of the board may request the board to exercise jurisdiction regarding the selection of applicants to perform design services for a specified period of time or for a specified project. In such cases, all provisions of sections 44 to 57, inclusive, shall apply to the board, the applicants and the public agency so requesting. (d) Notwithstanding subsection (a), a city, town, or agency, board, commission, authority or instrumentality thereof may procure modular buildings in accordance with section 44E of chapter 149. (e) Notwithstanding subsection (a), a city, town, or agency, board, commission, authority or instrumentality thereof may procure energy management services in accordance with section 11C of chapter 25A and regulations promulgated thereunder. (f) A contract for design services shall be exempt from the selection procedure required in subsection (a) if: (i) the design fee under the contract is less than $30,000; or (ii) the estimated construction cost of the project for which the design services are required is less than $300,000.

M.G.L. c. 7C, § 55 Record keeping requirements applicable to board and agencies not subject to board jurisdiction

c. 7C, § 55. Record keeping requirements applicable to board and agencies not subject to board jurisdiction Section 55. The board, any public agency exempted under section 46 and all other governmental units engaged in the selection of applicants to perform design services but not otherwise subject to the board's jurisdiction shall keep the following records: (i) all information supplied by or obtained about each applicant; (ii) all actions taken by the board or agency relating to any project; (iii) any other records related to designer or interior designer selection required by the division. The records of public agencies exempted under section 46 or not otherwise subject to the jurisdiction of the board shall be available for inspection by the board or the division.

M.G.L. c. 7C, § 56 Reporting of list of all finalists and awards to division of capital asset management and maintenance

c. 7C, § 56. Reporting of list of all finalists and awards to division of capital asset management and maintenance [ Text of section effective until November 25, 2025. For text effective November 25, 2025, see below.] Section 56. The board shall submit an annual report to the division of capital asset management and maintenance listing all finalists selected by the board and all awards made pursuant to sections 44 to 58, inclusive, a summary of the activities and other actions of the board and its staff, and such other items as the board deems appropriate. Chapter 7C: Section 56. Reporting of list of all finalists and awards to division of capital asset management and maintenance [ Text of section as amended by 2025, 73, Sec. 8 effective November 25, 2025. For text effective until November 25, 2025, see above.] Section 56. The board shall submit an annual report to the division of capital asset management and maintenance listing all finalists selected by the board and all awards made pursuant to sections 44 to 57, inclusive, a summary of the activities and other actions of the board and its staff, and such other items as the board deems appropriate.

M.G.L. c. 7C, § 57 Adoption of procedures and regulations to implement Secs. 44 to 58

c. 7C, § 57. Adoption of procedures and regulations to implement Secs. 44 to 58 [ Text of section effective until November 25, 2025. For text effective November 25, 2025, see below.] Section 57. The board shall independently adopt procedures and regulations as necessary to implement the requirements of sections 44 to 58, inclusive. Such procedures and regulations may vary according to the class of project. Chapter 7C: Section 57. Adoption of procedures and regulations to implement Secs. 44 to 57 [ Text of section as amended by 2025, 73, Sec. 9 effective November 25, 2025. For text effective until November 25, 2025, see above.] Section 57. The board shall independently adopt procedures and regulations as necessary to implement the requirements of sections 44 to 57, inclusive. Such procedures and regulations may vary according to the class of project.

M.G.L. c. 7C, § 58 Procurement of architectural, engineering and related services; definitions applicable to this section

c. 7C, § 58. Procurement of architectural, engineering and related services; definitions applicable to this section Section 58. (a) For the purposes of this section the following words shall have the following meanings unless the context clearly requires otherwise:— ''Agency'', the Massachusetts Department of Transportation, the Massachusetts Port Authority and the Massachusetts Bay Transportation Authority. ''Architectural and engineering services'', (i) professional services of an architectural or engineering nature, as defined by state law, which are required to be performed or approved by a person licensed, registered or certified to provide those services as described herein; (ii) professional services of an architectural or engineering nature performed by contract that are associated with research planning, development, design, investigations, inspections, tests, evaluations, consultations, program management, value engineering, construction, alteration or repair of real property; and (iii) such other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions and individuals in their employ may logically or justifiably perform, including studies, investigations, surveying and mapping, soil tests, construction phase services, drawing reviews, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, soils engineering, cost estimates or programs, preparation of drawings, plans or specifications, supervision or administration of construction contracts, construction management or scheduling, preparation of operation and maintenance manuals and other related services. ''Firm'', an individual, firm, partnership, corporation, association or other legal entity authorized by law to practice the professions of architecture, engineering, land surveying, landscape architecture, environmental science, planning or program management. ''Public works project'', a capital improvement project or a design, study, plan, survey or new or existing program activity of an agency, including the development of new or existing programs that require architectural, engineering or related professional services; provided, however, that ''public works project'' shall not include a public building construction project undertaken under chapters 7, 149 and 149A. ''Related professional services'', (i) professional services, including land surveying, landscape architecture, environmental science and planning, which are required to be performed or approved by a person licensed, registered or certified to provide such services as described herein; (ii) professional services performed by contract that are associated with research, planning, development, design, investigations, inspections, surveying and mapping, tests, evaluations, consultations, comprehensive planning program management, value engineering, construction, alteration or repair of real property; and (iii) such other professional services, or incidental services, which members of the related professions as described herein and individuals in their employ may logically or justifiably perform, including master plans, studies, surveys, soil tests, cost estimates or programs, preparation of drawings, plans or specifications, supervision or administration of construction contracts, construction management or scheduling, conceptual designs, plans and specifications, construction phase services, soils engineering, drawing reviews, cost estimating, preparation of operation and maintenance manuals and other related services; provided, however, that nothing herein shall be construed to constitute a regulation or oversight of any designated firms or identified professionals' services. (b) For those agencies that prequalify architectural, engineering and related services, the agency shall require firms engaged in the lawful practice of their profession to submit a statement of qualifications and performance data every 2 years to the agency pursuant to the terms and schedule as determined by the agency. Agencies that prequalify shall have the option of selecting firms from their prequalified list of firms based on the agency policies and without further publically advertising the selection. (c) Whenever a public works project requiring architectural, engineering or related professional services is to be advertised by an agency, the agency shall provide not less than 14 days advance notice published in a professional services bulletin or advertised on the official agency website setting forth the public works project and services to be procured. The professional services bulletin shall be made available to each firm that requests the information. The professional services bulletin shall include a description of each public works project and shall state the time and place for an interested firm to submit a statement of qualifications and, if required by the public notice, a letter of interest and technical proposal. If the agency determines that a sole source selection of a qualified firm is in the best interest of the agency, then the public notice provisions of this subsection shall not apply. (d) An agency shall evaluate the firms submitting statements of qualifications, taking into account qualifications, letters of interest and technical proposals, and the agency may consider, but shall not be limited to, considering, ability of professional personnel, past record and experience, performance data on file, willingness to meet time requirements, location, workload of the firm and any other qualifications based on factors that the agency may determine in writing are applicable. The agency may conduct discussions with, and require presentations by, firms deemed to be the most qualified regarding their qualifications, approach to the public works project and ability to furnish the required services. An agency shall not, prior to selecting a firm for negotiation, seek formal or informal submission of verbal or written estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost or any other measure of compensation. (e)(1) An agency shall select architects, engineers and related professional firms on the basis of qualifications for the type of professional services required, and on technical proposals, if submitted. An agency may solicit or use pricing policies and proposals or other pricing information to determine consultant compensation only after the agency has selected a firm and initiated negotiations with the selected firm. (2) The procedures that an agency creates for the screening and selection of firms shall be within the sole discretion of the agency and may be adjusted to accommodate the agency's scope, schedule and budget objectives for a particular public works project. (3) The decision of an agency that has complied with this chapter shall be final and binding. (f)(1) The agency and the selected firm shall discuss and refine the scope of services for the public works project and shall negotiate conditions including, but not limited to, compensation level and performance schedule based on scope of services. The compensation level paid shall be reasonable and fair to the agency as determined solely by the agency. In making such determination, the agency shall take into account the estimated value of the services to be rendered and the scope, complexity and professional nature thereof. (2) If the agency and the selected firm are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, in writing, formally terminate negotiations with the selected firm. The agency shall then negotiate with the second ranked most qualified firm. The negotiation process shall continue in this manner through successive ranked firms until an agreement is reached or the agency terminates the consultant contracting process. (g) This section shall not apply to the procurement of architectural, engineering and related professional services by agencies: (i) when an agency determines in writing that it is in the best interest of the agency to proceed with the immediate selection of a firm; (ii) in emergencies when immediate services are necessary to protect the public health and safety; or (iii) when these services are to be provided as part of a design-build project pursuant to sections 14 to 21, inclusive, of chapter 149A. (h) Each agency shall evaluate the performance of each firm upon completion of a contract. The evaluation shall be made available to the firm which may submit a written response.

M.G.L. c. 7C, § 59 Study or program required prior to contracting for design or construction services

c. 7C, § 59. Study or program required prior to contracting for design or construction services Section 59. As used in this section ''schematic design'' shall, unless the context clearly requires otherwise, mean a basic and preliminary revision, development and implementation of the study or program parameters, or both the study and program parameters, and a further, but preliminary, investigation of the construction details, mechanical system, code issues, construction schedule, site utilities and cost estimate, including preliminary designs and design premises upon which the design scheme is based. An appropriation or authorization for the design or construction of a building project, beyond schematic design, for which a state agency is the using agency shall require the satisfactory completion of a study or program through schematic design before any services for the design or construction of the project may be contracted for, performed by contract or otherwise, or funds allotted, encumbered or expended therefor, unless such appropriation or authorization specifically states that no such study or program need or shall be done. No provider of design services for any building project for which a state agency is the using agency shall be selected by the designer selection board or by the administering agency and no design services shall be performed beyond schematic design for or by such administering agency for any building project for which the satisfactory completion of a study program is required prior to the design or construction of that project unless: (i) the study or program or, if appropriate, both have been satisfactorily completed through schematic design; (ii) the using agency certifies in writing to the commissioner that the study or program, including schematic design or, if appropriate, both, correspond to the current needs of that agency, including its current long-term capital facilities development plan; (iii) the commissioner requests that the director of programming, the director of project management or the director of facilities management review the study or program, including schematic design or, if appropriate, both and the director certifies in writing to the commissioner that the study or program, including schematic design or, if appropriate, both reflects the using agency's needs as stated, that they provide an accurate estimate of the project requirements, cost and schedule and that the project can be accomplished within the appropriation or authorization for that project and recommends proceeding with design, construction or, if appropriate, both; and (iv) the commissioner: (1) certifies in writing to the secretary of administration and finance that the study or program, including schematic design or, if appropriate, both are in conformity with the scope and purpose of the appropriation or authorization for the project and legislative intent in regard to long-range capital facility plans for the using agency; (2) approves proceeding with regard to long-range capital facility plans for the using agency; and (3) approves proceeding with design, construction or, if appropriate, both. If the director whose review is requested or the commissioner fail to certify, recommend or approve, the commissioner shall immediately send notice of the commissioner's decision and the reasons for the decision to the secretary of administration and finance and to the house and senate committees on ways and means.

M.G.L. c. 7C, § 60 Certification that design work comports with appropriation, authorization or project cost limits and any study or program

c. 7C, § 60. Certification that design work comports with appropriation, authorization or project cost limits and any study or program Section 60. No allotment, encumbrance, or expenditure of funds appropriated or authorized for the design of a capital facility project shall be approved by the comptroller unless the executive head of the agency administering the project, or other person provided for by statute, certifies in writing that the design work is or shall be such as to specify a project that can be accomplished: (a) within the appropriation or authorization for the project or within the project cost limits specified by the appropriation or authorization; and (b) without substantial deviation from any: (i) study or program which must be prepared in accordance with section 59 or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the design work be such as would result in a change in the number of square feet to be constructed in the project of more than 10 per cent from the number specified in the study, program or other pre-design document referred to in subclauses (i) and (ii) of clause (b). No state agency, as defined by section 1, administering a capital facility project shall enter into any contracts or incur any other obligations or cause to be performed design services for that project if such would result in the completion of a project which cannot be accomplished: (a) within the appropriation or authorization for the project or within the project cost limits specified by the appropriation or authorization, and (b) without substantial deviation for (i) any study or program which must be prepared in accordance with section 59; or (ii) any other pre-design planning document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the design work be such as would result in a change in the number of gross square feet to be constructed in the project of more than 10 per cent from the number specified in the study, program or other pre-design document referred to in subclauses (i) and (ii) of clause (b).

M.G.L. c. 7C, § 61 Certification that construction work can be accomplished within appropriation or authorization for the project and comports with study or program

c. 7C, § 61. Certification that construction work can be accomplished within appropriation or authorization for the project and comports with study or program Section 61. No allotment, encumbrance, or expenditure of funds appropriated or authorized for the construction of a capital facility project shall be approved by the comptroller unless the executive head of the agency administering the project, or other person provided for by statute, certifies in writing that the construction work can be accomplished: (a) within the appropriation or authorization for the project, and (b) without substantial deviation from: (i) any study or program which must be prepared in accordance with section 59, or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the construction work be such as would result in a change in the number of square feet to be constructed in the project of more 10 ten per cent from the number specified in the study, program or other predesign document referred to in subclauses (i) and (ii) of clause (b). No state agency, as defined by section 1, administering a facility administering project shall enter into any contracts or incur any obligations or cause to be performed construction of that project if such would result in the completion of a project which cannot be accomplished (a) within the appropriation or authorization for the project, and (b) without substantial deviation from: (i) any study or program which must be prepared in accordance with section 59, or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the construction work be such as would result in a change in the number of square feet to be constructed in the project of more than 10 per cent from the number specified in the study, program or other predesign document referred to in subclauses (i) and (ii) of clause (b).

M.G.L. c. 7C, § 62 Contingency funds or accounts

c. 7C, § 62. Contingency funds or accounts Section 62. The governor and the commissioner of capital asset management and maintenance in their long range capital facilities development plans and capital budget requests and the secretaries of the various executive offices in their review and recommendations with regard to such plans and requests may include among them plans and requests for 1 or more contingency, or other lump-sum or reserve accounts, including but not limited to planning, design and construction contingency, preventive maintenance, emergency repair, energy conservation, life-safety, and architectural barrier funds or accounts. Each shall include in their plans and request recommendations as to the purpose of such funds or accounts and the priorities and procedures for allocating the monies kept therein. The commissioner of capital asset management and maintenance shall forthwith establish priorities and procedures for allocating such funds in conformity with the terms of the appropriation authorizing them and legislative intent in regard to long range capital facilities development plans. The commissioner shall forthwith submit copies of the priorities and procedures so established to the secretary of administration and finance and to the house and senate committees on ways and means. Unless otherwise provided for in the appropriation authorizing such funds or accounts or other applicable law and in conformity therewith and the priorities and procedures established by the commissioner of capital asset management and maintenance, the monies kept therein shall not be allocated unless and until: (a) the using agency, whether or not it is the agency requesting the funds for the proposed project, certifies in writing to the commissioner of capital asset management and maintenance that the project corresponds to the current needs of the using agency, including its current long range capital facilities development plan; (b) the commissioner requests that 1 or more of the directors of the office of programming, office of project management, or the office of facilities management review the project proposal, and the director or directors certify in writing to the commissioner of capital asset management and maintenance that the project proposal reflects the agency's needs as stated, that it provides an accurate estimate of the project requirements, cost and schedule, and that the project can be accomplished within the limits of the funds requested; (c) The commissioner of capital asset management and maintenance certifies in writing to the secretary of administration and finance and to the house and senate committees on ways and means that the project proposal has been evaluated in conformity with the terms of the appropriation or authorization of the fund or account and the priorities and procedures promulgated by him pursuant thereto and approves the allocation. The commissioner of capital asset management and maintenance shall, upon his certification, file copies of the project proposal and other supporting documents, his certification and those of the director or directors whose review is requested and the agency requesting such funds with the secretary of administration and finance and with the house and senate committees on ways and means. If either the director or directors whose review is requested or the commissioner of capital asset management and maintenance should fail to give the aforementioned certifications or approvals, the commissioner shall forthwith send notice of his decision and the reasons therefor to the secretary of administration and finance and to the house and senate committees on ways and means. The commissioner of capital asset management and maintenance shall by February 15 of each year prepare and submit to the secretary of administration and finance and to the general court a report containing separate sections summarizing the disposition and the status of the funds or accounts and descriptions of all projects for which monies from such fund have been allocated.

M.G.L. c. 7C, § 63 Capital facility planning fund

c. 7C, § 63. Capital facility planning fund Section 63. There is established and set up on the books of the commonwealth a separate fund, consisting of monies appropriated to the fund by the general court and income derived from the investment of monies appropriated to the fund, known as the capital facility planning fund. Allocation of monies from such fund shall be made according to section 62. The purpose of the capital facility planning fund shall be to provide monies for the planning of capital facility projects by state agencies other than counties. Priority in the allocation of monies from such fund shall be given to projects: (i) which are included in any long range capital facilities development plan previously approved by the general court or in any master plan, consistent with such long range plans, previously approved by the commissioner of capital asset management and maintenance or (ii) whose rapid progress is indicated by statutes which provide for capital facility projects to advance specific agency programs, goals or objectives; and for which the delay in seeking monies through the normal capital budget process provided for by this chapter would cause a serious loss in use of the proposed capital facility if it were unavailable or cause a percentage increase in total project cost substantially larger than that for other projects at a comparable stage of development. Monies from the capital facility planning fund may be allocated, in accordance with priorities stated above, for the preparation of environmental impact reports to comply with the requirements of chapter 12 and chapter 30. Monies from the capital facility fund may be allocated, in accordance with the priorities stated above, for options to purchase land or buildings which will be used for capital facility projects specifically identified in the allocation request. If monies spent on a capital facility project are allocated from the capital facility planning fund and the funds for the acquisition of a site for or the design or design and construction of such project are appropriated or authorized then a sum of money equal to that allocation shall be deducted from the amount so appropriated or authorized and returned to the capital facility planning fund. In no case shall a request for monies or monies be allocated for projects for which a similar request is currently being considered according to the capital budget process for the current fiscal year provided for by this chapter or which was so considered during the capital budget process for the previous fiscal year and failed to receive an appropriation or authorization. Requests for monies from the capital facility planning fund may be made by state agencies other than counties and only after approval of such requests by the secretary of the executive office in which that agency is located, except in the case of a public institution of higher learning, only after approval by the board of higher education.

M.G.L. c. 7C, § 64 Long-range capital facilities development plans

c. 7C, § 64. Long-range capital facilities development plans Section 64. Each public agency other than a city or town shall prepare a long range capital facilities development plan. Such plan shall include projections at least 5 years from the date of submission of the plan. Each such public agency shall revise the plan annually or at such other time as the commissioner of capital asset management and maintenance may require, or as otherwise mandated by statute or appropriation act. Each plan or revision thereof shall be submitted to the commissioner at such time or according to such schedule as the commissioner shall specify. Each state agency the authorization of which is otherwise required for capital facility projects of 1 or more cities and towns shall include in its plan required by this section and its capital facility budget request required by section 66 the information about such projects specified by those sections. The state agency may request from cities and towns the information needed to complete the above-mentioned plan and budget and said information shall be promptly submitted to the state agency. To the maximum extent feasible the commissioner and state agencies shall coordinate the timing and content of their requests for information to minimize duplication of reporting. In the case of local operating agencies as defined in section 1 of chapter 121B, any such plan, revision, capital facility budget, or capital facility budget requests required by this section or section 66 of this chapter shall be prepared and submitted by the executive office of housing and livable communities. After consultation with the governor and the secretary of administration and finance, the commissioner shall, in a timely manner, prepare and send to public agencies a capital facility planning policy statement to inform in the formulation of their long range capital facilities development plans and capital facility budget requests. The commissioner may provide guidance and technical assistance to those public agencies lacking sufficient resources to prepare such plans. The commissioner shall specify the information required, the manner or preparation of the plan, and the form in which it is to be provided.

M.G.L. c. 7C, § 65 Required content of long-range capital facilities development plans

c. 7C, § 65. Required content of long-range capital facilities development plans Section 65. In formulating requirements for the information to be provided in long-range capital facilities development plans, the commissioner of capital asset management and maintenance shall require at least the following: the history, legislative authority and major responsibilities of the public agency as defined by law and by administrative rule, regulation or directive; the programs being carried out by each as they affect capital facility needs; an appraisal of the responsibilities, objectives and current programs and evaluation of the factors expected to influence future programs; tabulations of the numbers of people served by and staffing the agency and its subunits; a detailed description of the land and facilities currently owned, leased or used by the agency to the extent that such description has not previously been submitted to the commissioner as part of the real property inventory maintained by him and an estimate of their utilization in relation to current and future programs. In formulating requirements for each long-range capital facilities development plan, the commissioner shall require at least the following: a determination of the capital facility needs based on the programs, population to be served, and the adequacy of existing facilities; a proposed capital facility project schedule and an explanation of the relationship between the need for each project and the stated programs; a summary of the schedule of needs for funds; a tabulation of the estimated staffs required for such new or modified programs and facilities; a tabulation of such projects showing the effect upon staffing, operating, and maintenance expenses; and a description of the geographic and spatial location of the facility relative to other facilities or land of the agency or its subunits. In formulating requirements for any revisions of long-range capital facilities development plans the commissioner shall require at least the following: a statement of the changes in the agency's responsibilities, objectives and programs; revised estimates of institutional population and staff, and geographic and spatial descriptions of capital facilities; and changes in capital facility requirements as they would have effect at least 5 years from the date of submission.

M.G.L. c. 7C, § 66 Capital facility budget request; public notice of proposed long-range capital facilities development plan and annual capital facility budget; content and format

c. 7C, § 66. Capital facility budget request; public notice of proposed long-range capital facilities development plan and annual capital facility budget; content and format Section 66. Each public agency other than cities and towns shall prepare and submit to the commissioner, in addition to its long-range capital facilities development plan or revision thereof, an annual capital facility budget at such time as the said commissioner shall require. In preparing both long-range capital facilities development plans, and revisions thereof, and capital facility budget requests, the agency shall provide timely public notice of such proposed plans and requests and reasonable opportunity for potential users and staff of the facilities controlled or to be controlled by the agency to comment thereon. The long-range capital facility development plans and capital facility budget requests submitted by the agency to the division of capital asset management and maintenance shall contain a summary of those comments and a statement of the extent to which they are reflected in the proposed plans and requests. The commissioner may provide guidelines to agencies for soliciting and reporting on such views. The commissioner may, at his discretion, provide guidance and technical assistance to agencies without sufficient resources to prepare capital facility budget requests. He shall specify the information being sought, how it might be prepared and the form in which it is to be provided. The commissioner shall provide for a format and content of long-range capital facilities development plans and capital facility budget requests which is, to the maximum extent feasible, consistent with that provided for the operating budget by the director of the fiscal affairs division within the executive office for administration and finance. Any public agency may include among its capital facility budget requests, ones for appropriations or authorizations for a class or classes of similar or related capital facility projects. Such request shall include a statement of (a) how the class of projects is defined; (b) the reasons for requesting appropriations or authorizations for a class of projects rather than individual projects; (c) the priorities and procedures for allocating the appropriated or authorized monies among the class of possible projects, making reference to and submitting copies of any studies, surveys, plans, analyses and other documents from which criteria for allocation are to be derived; and (d) a proposed initial allocation of the appropriated or authorized monies based on the suggested priorities, procedures and criteria. In formulating requirements for capital facility budget requests for individual projects, the commissioner shall include at least the following: (a) a concise title description of the project; (b) the location of the project and its site in relation to any existing facilities in close proximity; (c) the estimated schedule for completion of the project including the dates upon which the design and construction of the project are estimated to be commenced and completed and the facility occupied or used; (d) a description of the project and what it involves, appending any planning documents, accurate summaries of design documents and any other documents, prepared for or pertaining to that project, if not previously submitted to the commissioner; (e) the useful life of the project before replacement would be necessary; (f) the current status of the plans and site for the project; (g) the status of utilities required for the project; (h) the relationship of the project to the long range capital facilities development plan; (i) the total project cost; (j) the effect of the proposed project on annual operating costs (including maintenance costs); (k) the proposed source of funds; and (1) an explanation of the need for the proposed project. The description of the project shall identify any and all previously approved appropriations or authorizations pertaining to the proposed or earlier phases of the project; the phase or phases approved, in progress, and completed, the estimated or final cost of each phase of the project through completion, and the sum of money permitted to be expended on the project as so approved. To assist his staff and user agencies in preparation and review of long-range plans and requests, the commissioner shall establish a file of approved appropriations and authorizations of all projects pertaining to each state-owned capital facility. The total project cost shall include at least the following items: the cost of all real estate, properties, rights and easements acquired, utility services, site development; the cost of construction and the initial furnishing thereof; all architectural and engineering and legal expenses, the cost of surveys and plans and specifications; and such other expenses as are necessary or incident to determining the feasibility or practicability of any project. The estimate of the total project cost shall be based on the assumption that the project will be undertaken and completed according to the estimated schedule. Included in the estimate shall be a statement of its accuracy. The estimate of the effect of the proposed project on annual operating costs shall be based on the estimated date of use or occupancy of the facility. In the proposal for source of funds, there shall be included a statement of what federal funds are potentially available, what efforts are necessary and have been or must be made to obtain them, or why they cannot be obtained.

M.G.L. c. 7C, § 67 Submission of copies of proposed plans and requests; reporting by secretaries of executive offices; reporting by directors of programming, project management or facilities management

c. 7C, § 67. Submission of copies of proposed plans and requests; reporting by secretaries of executive offices; reporting by directors of programming, project management or facilities management Section 67. Copies of the proposed plans and requests shall be submitted simultaneously to the commissioner, the secretaries of all executive offices, the director of the fiscal affairs division within the executive office for administration and finance, the state treasurer, the commissioner of revenue and the house and senate committees on ways and means. The secretaries shall submit to the commissioner of capital asset management and maintenance a report on the consistency of any public agency's plans and requests with the programs and policies of the executive office on which it is located, except in the case of a public institution of higher learning, the board of higher education, including the secretary's recommendations as to those plans and requests. Prior to making their reports, each secretary shall conduct public hearings, for which each secretary shall give 5 days public notice prior thereto, on the secretary's analysis and recommendations as to those plans and requests. Any secretary, when requested by the commissioner, shall submit to the commissioner a report on the impact of the specific statutory mission of the secretariat of the plans and request of any public agencies not located within his secretariat. Each secretary shall furnish to the house and senate committees on ways and means and the house and senate committees on post audit and oversight, copies of all such plans, requests and reports. The director of the bureau of programming, director of the office of project management or the director of the office of facilities management, as the commissioner directs, shall report to him as to the technical feasibility, cost, and schedule of proposed building projects; the technical, financial, and related requirements for the operation and maintenance of such buildings upon completion of the proposed projects; where relevant, the efficacy and efficiency of the proposed project in relation to current and projected available space and current and projected standards for the allocation and utilization of space; the accuracy and adequacy of any planning and design documents and any other documents prepared in relation to the stated needs, and as to any other matters which the commissioner of capital asset management and maintenance may require relative to his evaluation of such plans and requests. At the request of said commissioner of capital asset management and maintenance, the head of the public agency which administers or would administer a capital facility project, other than a building project, or consultants hired by him for that purpose, or members of said commissioner's staff shall report to him as to the technical feasibility, cost and schedule of that project; the technical, financial, and related requirements for the operation and maintenance of such facilities upon completion of the proposed projects; where relevant, the proposed project in relation to current and projected available facilities of a similar kind; the accuracy and adequacy of any planning documents, accurate summaries of design documents and any other documents prepared in relation to stated needs, and as to any other matters which said commissioner may require relative to his evaluation of such plans and requests. The director of the fiscal affairs division within the executive office for administration and finance shall report in writing to said commissioner of capital asset management and maintenance on the impact of proposed agency plans and requests, based on the stated and projected overall agency programs, on the agency's operating budgets for the next 5 years or for such longer period as said commissioner shall request. The commissioner of the department 1 of revenue shall report in writing to said commissioner of capital asset management and maintenance on the impact of proposed agency plans and requests on their requirements for and production of revenue for at least the next 5 years or for such longer period as said commissioner of capital asset management and maintenance shall request. The reports of the director of the fiscal affairs division within the executive office for administration and finance and the commissioner of the department of revenue shall be sent to the state treasurer. The state treasurer may, if requested by said commissioner of capital asset management and maintenance, report in writing to said commissioner on the impact of all plans and requests, separately and as a whole on the financial health of the commonwealth and make such recommendations as to the form and nature of the financing as the treasurer deems necessary. Copies of the proposed plans and requests shall in a timely manner be submitted to each of the regional planning agencies established pursuant to chapter 40B for their review. They shall submit to said commissioner of capital asset management and maintenance a statement of their comments and recommendations, including those of cities and towns in the region which are affected by such plans and requests. Said commissioner of capital asset management and maintenance may request such other reports from public agencies as said commissioner may deem necessary to fulfill his responsibilities for the integration and coordination of capital facility projects.

M.G.L. c. 7C, § 68 Review and investigation by commissioner in preparation of capital facility budget; recommendations for study or program and mode of procurement; required statements to be included in budget request

c. 7C, § 68. Review and investigation by commissioner in preparation of capital facility budget; recommendations for study or program and mode of procurement; required statements to be included in budget request Section 68. The commissioner of capital asset management and maintenance shall study and review all long range capital facility development plans and capital facility budget requests and reports pertaining thereto filed with him as provided by sections 64, 65, 66 and 67, and shall make such investigations as will enable him to prepare a capital facility budget for the governor. The commissioner shall include in such budget an integrated and comprehensive long range capital facilities development plan and capital facility budget request and such other recommendations as the governor shall determine upon. The capital facility budget shall embody all plans, estimates, requests, and recommendations submitted to the commissioner under said sections 64, 65, 66 and 67. The capital facility budget shall be classified and designated to present at least the same kind and quality of information as are required of plans and requests by said sections 64, 65, 66 and 67. The commissioner shall include an evaluation of the proposed plan and budget request in terms of the capital facilities planning policy statement and any revisions thereof the commissioner proposes. The governor in his capital facility budget and the commissioner of capital asset management and maintenance, in his recommendation to the governor of a capital facility budget, shall include in such requests for each building project contained therein, for which the using agency is a state agency, a recommendation as to the need for and where appropriate, a request for, a study and program as a prerequisite to contracting for, performance of, or allotment or expenditure of funds for any design or construction-related activities. If a study or program is not recommended the governor and commissioner shall include the reasons therefor. They shall also include a recommendation as to the mode of procurement of such facility, including but not limited to, sequential, construction management, turnkey, design/build procurement, and the phasing of such procurement, including but not limited to approval of design and construction stages as separate or combined phases, which will most efficiently, economically and best serve the interests of the commonwealth. When an alternative mode of procurement is recommended, the governor and commissioner shall also recommend the method by which design and construction services shall be procured for such project, provided that such method shall be compatible with the policies and procedures for the selection of designers in sections 44 to 58, inclusive, and with the policies and procedures for the selection of contractors in sections 44A to 44M, inclusive, of chapter 149, to the extent feasible. If the governor or the commissioner should recommend a mode of procurement other than the sequential mode or a phasing of procurement other than approval of design and construction as a combined phase, each shall state in detail the reasons therefor. Furthermore, their requests shall contain a statement as to the expected useful life of the facility from the date of construction, renovation, acquisition, or other procurement; a statement of the proposed source of funds; where relevant, a recommendation as to the form and scheduling of financing of said project; and a recommendation as to the date upon which the authorization for the expenditure of the funds should expire. If the governor or the commissioner of capital asset management and maintenance should recommend a means and form of financing of the project such that the term of repayment exceed the expected useful life of the project, the governor and commissioner shall state in detail the reasons therefor. The governor and the commissioner shall transmit therewith a statement showing the total indebtedness proposed to be incurred for each capital facility project and the fund to be charged therefor, and the total cost of financing said project according to the recommended form and scheduling of such financing. The governor and the commissioner shall also transmit therewith a statement relative to the condition of the state debt, including an analysis of the impact of the proposed capital facility budget, including the long range capital facilities plan, on the financial health of the commonwealth. Such statement shall, where appropriate, include reference to the impact of obligations of public agencies which are guaranteed by or are contingent liabilities of the commonwealth.

M.G.L. c. 7C, § 69 Design and construction contingency reserve account

c. 7C, § 69. Design and construction contingency reserve account Section 69. The governor's and the commissioner of capital asset management and maintenance capital facility budget shall include provision for establishment of a design and construction contingency reserve account, the purpose of which shall be to provide monies for the design and construction of capital facility projects by state agencies which, because of unforeseeable circumstances, not within the contemplation of the using or the administering agency, and for justifiable reasons, would cause the project cost to exceed the sums then appropriated or authorized therefor. Allocation of monies from such reserve account shall be made according to section 62. Priority in the allocation of monies from such account shall be given to projects for which the delay in seeking monies through the normal capital budget process provided for by this chapter would cause a serious loss in use of the capital facility if it were unavailable when needed or cause a percentage increase in total project cost substantially larger than that for other projects at a comparable stage of progress. In no case shall a request for monies be made or monies be allocated for projects for which a similar request is currently being considered according to the capital budget process for the current fiscal year provided for by this chapter, or which was so considered during the capital budget process for the previous fiscal year and failed to receive an appropriation or authorization. Further, in no case shall a request for monies be made or monies be allocated if as a result of the review provided for by section 62 the commissioner of capital asset management and maintenance finds (a) that the proposal for use of such monies will result in a substantial deviation from any study or program for the project most recently approved by him or from any design for the project most recently approved by the administering agency or (b) that the proposal for use of such monies will result in a cumulative increase in the number of gross square feet to be constructed in the project in excess of 10 per cent of the number most recently specified in an appropriation or authorization for the project. Requests for monies from the design and construction contingency reserve account may be made by state agencies which are the using agencies of those projects. In establishing priorities and procedures for allocation of monies from the design and construction reserve account pursuant to section 62, the commissioner of capital asset management and maintenance shall establish specific limits for the amount of money which may be allocated from the account for any particular project, the amount which may be allocated for the construction of any particular project excluding price inflation contingencies, and the amount which may be allocated for the construction of any particular project for price inflation contingencies. In no event shall the cumulative amount allocated from the account to any one capital facility project exceed 10 percentum of the total cost specified by the appropriation or authorization for that project.

M.G.L. c. 7C, § 70 Emergency repair reserve account

c. 7C, § 70. Emergency repair reserve account Section 70. The governor's and the commissioner of capital asset management and maintenance capital facility budget shall include provisions for establishment of an emergency repair reserve account, the purpose of which shall be to provide monies for the performance of repair projects of such a nature that funding through the capital budget process provided for by this chapter would be burdensome. Allocation of monies from such reserve accounts shall be made according to the provisions of section 62. Priority in the allocation of monies from such fund shall be given as follows: (1) top priority shall be given to funding requests for projects designed to remedy clear and present dangers to the health and safety of the users of the facility in question; (2) secondary priority shall be given to funding requests for projects which would prevent imminent destruction or damage of property or equipment beyond reasonable repair; and (3) third priority shall be given to funding requests for projects, that would restore use of a facility or part of a facility to its user, where the loss of use has seriously disrupted the agency's program functions. In no case shall a request for monies be made or monies be allocated for projects for which a similar request was considered during the capital budget process for the previous year as provided for by this chapter, and which failed to receive an appropriation or authorization. Requests for monies from the emergency repair reserve account may be made by state agencies other than counties and by the office of facility management.

M.G.L. c. 7C, § 71 Review and study by commissioner of all requests and recommendations for appropriations or authorizations for expenditures pertaining to capital facility projects; review by commissioner of petition, motion or amendment introduced by general court relating to capital facility project

c. 7C, § 71. Review and study by commissioner of all requests and recommendations for appropriations or authorizations for expenditures pertaining to capital facility projects; review by commissioner of petition, motion or amendment introduced by general court relating to capital facility project Section 71. All requests and recommendations for appropriations or authorizations for expenditures by the commonwealth that pertain to capital facility projects shall be studied by the commissioner with reference to any current long range capital facility development plans proposed in accordance with the requirements of sections 64, 65, 66 and 67. The commissioner shall consider the effects upon the policies, programs, and priorities with regard to which the commissioner is required to report in accordance with section 73 and with reference to any other matters which the commissioner requires to be reported to him in his review and evaluation of capital facility budget requests by public agencies under sections 64, 65, 66, 67 and 68. After such review and study, the commissioner shall promptly prepare and submit his recommendations to the general court. The commissioner shall promptly review any petition, motion or amendment introduced in either chamber of the general court which makes a provision for a capital facility project. During such review the commissioner shall study the necessity, desirability, and relative priority of such capital facility project by reference to any current long range capital facilities development plans proposed in accordance with the requirements of sections 64, 65, 66, 67 and 68. The commissioner shall consider the effects upon the policies, programs, and priorities with regard to which the commissioner is required to report in accordance with section 73, and with reference to any other matters which the commissioner requires to be reported to him in his review and evaluation of capital facility budget requests by public agencies in accordance with the provisions of sections 64, 65, 66, 67 and 68. After such review and study the commissioner shall promptly prepare and forward his recommendation on the petition, motion, or amendment to the chamber in which it was introduced and where it is pending.

M.G.L. c. 7C, § 72 Annual reporting by commissioner to governor and general court

c. 7C, § 72. Annual reporting by commissioner to governor and general court Section 72. The commissioner shall, each year, not later than 30 days after the governor submits the budget under section 71, submit to the governor and to the general court a report which shall include, but not be limited to, the following: an evaluation of the effect of the capital facility budget, and the implementation of the proposed long range capital facilities development plan upon important policies, programs, and priorities mandated by the general court or established by the governor in accordance with law such as impact on the environment, energy conservation, preventative maintenance, architectural barriers, and the effective coordination of such policies, programs, and priorities with those of the federal government to assure the maximum benefit to the commonwealth from such federal programs. Not later than an additional 30 days thereafter, the commissioner shall submit to the governor and to the general court a similar report on the impact of and the progress made in the implementation of long range capital facilities plans and previously authorized capital facility projects.

M.G.L. c. 7C, § 73 Carbon intergovernmental coordinating council; carbon reduction plan

c. 7C, § 73. Carbon intergovernmental coordinating council; carbon reduction plan Section 73. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:— ''Division'', the division of capital asset management and maintenance. ''Environmental product declaration'' or ''EPD'', an independently verified and registered declaration that provides a life cycle assessment of a product's global warming potential and facilitates a comparison of environmental impacts between products fulfilling the same function; provided, however, that such declaration shall be a Type III or higher as defined by the International Organization for Standardization (ISO), 14025:2006, or substantially similar life cycle assessment and comparative methodologies that have uniform standards in data collection and scientific integrity, and any pertinent product category rule developed in conformance with ISO 14025:2006. ''Global warming potential'', a numeric value that measures the total contribution to global warming from the emission of greenhouse gasses or the elimination of greenhouse gas sinks. ''Life cycle assessment'' or ''LCA'', an assessment used to calculate the environmental primary and secondary impacts of a product, service or process over the lifetime of such product, service or process. ''Low-embodied carbon material'', material used in building and transportation construction that has been verified by the division to embody carbon emissions that are sufficiently low, based on a threshold set by the division, as compared to the embodied carbon emissions of a conventional material fulfilling the same function. (b) There shall be within the division, but not subject to the control of the division, an embodied carbon intergovernmental coordinating council. The council shall consist of: the commissioner of capital asset management and maintenance or a designee, who shall serve as co-chair; the climate chief or equivalent climate official within the office of the governor or a designee, who shall serve as co-chair; the secretary of energy and environmental affairs or a designee; the secretary of transportation or a designee; the secretary of housing and livable communities or a designee; the secretary of administration and finance or a designee; the secretary of economic development or a designee; the chief executive officer of the Massachusetts Port Authority or a designee; the general manager of the Massachusetts Bay Transportation Authority or a designee; the chief executive officer of the Massachusetts clean energy technology center or a designee; the chair of the board of building regulations and standards or a designee; the chairs of the joint committee on telecommunications, utilities and energy or their designees and the house and senate minority leaders or their designees, who shall serve as nonvoting members with respect to any spending matters; and 5 persons who shall be appointed by the governor, 1 of whom shall be a representative of the building trades, 1 of whom shall be a general contractor, 1 of whom shall be a licensed architect with expertise in using low-embodied carbon materials of construction, 1 of whom shall be a structural engineer who shall be a licensed professional engineer with expertise in using low-embodied carbon materials of construction, and 1 of whom shall be the executive director of a regional planning agency. The council shall not be a public body as defined in section 18 of chapter 30A; provided, however, that the council shall hold a public meeting not less than quarterly while the council is developing the plan pursuant to subsection (f). (c) The council shall prepare an embodied carbon reduction plan, which shall include, but shall not be limited to, strategies to measure, monitor and reduce embodied carbon. The plan shall: (i) with respect to major building and transportation projects of executive offices, departments, divisions, centers, agencies and authorities of state and municipal governments, include, but not be limited to, steps to encourage and, where appropriate, recommend requiring: (a) environmental product declarations for construction materials commonly used in such projects; and (b) the use of low-embodied carbon materials, with particular attention to cement and concrete mixtures, steel, glass, asphalt and asphalt mixtures and wood, in such projects; (ii) review progress in research, development and commercialization of low-embodied carbon technologies and materials in the government, private and nonprofit sectors within and outside of the commonwealth; (iii) make recommendations for establishing a process to set, on or before January 1, 2026, maximum global warming potential values for products likely to be used in such building and transportation projects including, but not limited to, cement and concrete mixtures, steel, glass, asphalt and asphalt mixtures and wood; (iv) develop recommended procedures for the use of: (a) EPDs in state government contracting and procurement; and (b) low-embodied carbon materials in the commonwealth, where available and at reasonable cost, including conditions under which waivers may be obtained; (v) examine current laws, regulations, policies and guidelines that affect the use of EPDs and low-embodied carbon materials in the private and nonprofit sectors and recommend laws, regulations, policies or guidelines to increase the use of EPDs and low-embodied carbon materials; and (vi) consider interactions between embodied carbon and operational carbon to ensure policy recommendations to reduce embodied carbon will also contribute to the reduction of operational carbon. The council shall consider: (i) the best approaches to integrate the reduction of embodied carbon into the state building code, including the stretch and specialized stretch energy code pursuant to section 96 of chapter 143 and the state building code; and (ii) best practices to incentivize and enhance the reuse of building materials and decrease building demolition. (d) The council shall meet regularly and seek data, input and advice related to EPDs and low-embodied carbon materials from stakeholders, which shall include, but not be limited to, companies, contractors and subcontractors involved in construction, architecture, engineering, design and procurement and organizations and associations of such companies, contractors and subcontractors, academic and nonprofit institutions with relevant missions and activities, labor organizations involved in construction and transportation, organizations focused on environmental, energy and climate policy and perspectives and groups representing consumers, including, but not limited to, low income consumers. The council shall hold not less than 3 public hearings in geographically diverse areas of the commonwealth prior to finalizing the plan. (e) The division and the executive office of energy and environmental affairs shall provide administrative support to the council. (f) The council shall update the plan and submit the updated plan and a progress report at least every 2 years to the senate and house committees on ways and means, the joint committee on state administration and regulatory oversight and the joint committee on telecommunications, utilities and energy and shall cause the plan and the report to be publicly available on the website of each cabinet official, executive office, department, division, center, agency and authority represented on the council.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter7CFetched: 10/20/2026