PETITION OF:

SECTION 1. The sums set forth in section 2 shall provide for planning and studies, acquisition of land and buildings, and interests therein, the preparation of plans and specifications, construction, renovation, reconstruction, alteration, improvement, demolition, expansion, repair, furnishings and equipment, and related administrative expenses, for the acquisition, construction, renovation, and repair of court facilities owned or to be owned by the commonwealth and said sums shall be in addition to previous appropriations made for the improvement of court facilities, including any amounts appropriated by chapter 203 of the acts of 1988, chapter 227 of the acts of 1995, chapter 88 of the acts of 1997 and chapter 189 of the acts of 1998; provided, however, that priority shall be given to those projects necessary to improve life safety, security, handicapped accessibility and structural integrity of court facilities owned, or to be owned, by the commonwealth; and provided, further, that an amount not to exceed 2 per cent of the funds authorized herein may be expended for the costs of personnel and related administrative expenses which are solely and exclusively related to the projects funded by this authorization and any previous authorizations made for similar purposes.

SECTION 2.

JUDICIARY

Trial court.

0330-2210	For planning, design, development, land acquisition and construction of court facilities including the trial court facility in Salem to be known as the “J. Michael Ruane Judicial Center,” a new trial court facility in downtown Fall River, a new regional eastern Hampshire county district court facility in Belchertown, a new trial court facility in Berkshire county to be located in the downtown area of Pittsfield, a new Middlesex County trial court facility and replacement of the Middlesex Family and Probate Court facility, the reconstruction or replacement of trial court facilities in Taunton, a new court house complex in downtown Worcester, a new trial court facility in the town of Plymouth, a new Suffolk County trial court facility and a new trial court facility in Lowell; provided, however, that the Lowell trial court facility project, as a pilot program and as an alternative to general obligation bond financing as provided in section three of this act, may be constructed as a so-called “design, build, finance and operate” project, which the commonwealth may lease from the developer of the project, as provided in section 10 of this act; if said Lowell court house project is built as such a “design, build, finance and operate” project, the division of capital asset management and maintenance shall issue and complete a request for proposals in connection with such project no later than December 31, 2004; provided, further, that expenditures made from this item for the acquisition of land, buildings, and interests therein, planning and studies, the preparation of plans and specifications, construction, renovation, reconstruction, alteration, improvement, demolition, expansion, and repair of the courthouse facility projects, including furnishings and equipment, relocation, compliance with life safety codes and remediation of environmental hazard shall be completed pursuant to the provisions of chapters 7, 30, and 149 of the General Laws or pursuant to the provisions of section 5 of this act or pursuant to such other alternative means of construction as may be provided for in this item	791,000,000
0330-2211	For capital needs including renovation, repairs and reconstruction of court house facilities including facilities that have been or will be transferred to the Commonwealth and other county owned facilities, including renovations or additions to the district court facility in Quincy, renovations or expansion of the district court facility in Malden, renovations or additions to the Franklin county trial court facility in Greenfield, improvements to the trial court facility in Falmouth, the completion of the renovation of the historic Suffolk County or John Adams Courthouse, completion of the renovation of the high-rise Suffolk county courthouse, the renovation and reconstruction of the Brooke courthouse in Boston, the renovation of the existing Worcester court facility for use as a law library and registry of deeds, for the repair and renovation of the district court facility in East Boston, improvements to the district court facility in Dedham and other court needs, including the cost of repairs identified through the master plan developed pursuant to section 7 of chapter 189 of the acts of 1998; provided that expenditures made from this item for the acquisition of land, buildings, and interests therein, planning and studies, the preparation of plans and specifications, construction, renovation, reconstruction, alteration, improvement, demolition, expansion, and repair of the courthouse facility projects, including furnishings and equipment, relocation, compliance with life safety codes and remediation of environmental hazard shall be completed pursuant to the provisions of chapters 7, 30, and 149 of the General Laws or pursuant to section 5 of this act provided further, that funds shall be expended from this item for the repair and renovation of the district court facility in Charlestown; and provided further, that a study be undertaken of the space needs for the court facilities in Dukes and Nantucket counties, to include the feasibility of expanding said facilities at their current locations or relocating some court functions	271,000,000
0330-2212	For life safety repairs, the remediation of life safety code violations, compliance with state and federal laws relative to access by and accommodations to disabled persons, and for security improvements at court facilities owned by the commonwealth or by political subdivisions of the commonwealth or leased by the commonwealth, including the construction, renovation and repair of court house detention facilities; renovation and repair of the Middlesex high-rise courthouse, the Stoughton district court, provided, that expenditures made from this item for the acquisition of land, buildings, and interests therein, planning and studies, the preparation of plans and specifications, construction, renovation, reconstruction, alteration, improvement, demolition, expansion, and repair of the courthouse facility projects, including furnishings and equipment, renovation, compliance with life safety codes and remediation of environmental hazard shall be completed pursuant to the provisions of chapters 7, 30, and 149 of the General Laws or pursuant to section 5 of this act; provided further, that not less than $5,000,000 shall be expended from this item for repairs and renovations to the district court facility in Haverhill to ensure that said facility is in compliance with state and federal laws relative to access by and accommodations to disabled persons; provided further, that not less than $12,000,000 shall be expended from this item for repairs and renovations to the district court facility in South Boston; provided that not less than $5 million shall be expended from this item for renovations and repairs to the Norfolk Superior Court, so-called, located at 650 High Street in the town of Dedham and to any satellite courtrooms or offices located at 649 High Street in the town of Dedham; and provided further, that $125,000 be set aside for parking improvements at the Hingham District Court House in the town of Hingham	150,000,000
0330-2213	For capital equipment for a program of intermediate sanctions to avoid costlier incarceration options	10,000,000

SECTION 3. To meet the expenditures necessary to carry out the provisions of section 2, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth, in an amount to be specified by the governor from time to time, not exceeding in the aggregate, the sum of $1,222,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Court Improvement Loan, Act of 2004, and shall be issued for such maximum terms of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2029. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 5. (a) As used in this section, the following words shall have the following meanings:—
“Commissioner”, the commissioner of the division of capital asset management and maintenance.
“Design/build”, a construction method which utilizes a single company for the design and construction of a building, rather than separately contracting with a designer and then a general contractor.
“Project”, any of the courts, courthouses or appurtenant facilities authorized by section 2.
“Site”, any parcel or parcels of land acquired for any of the courts, courthouses or appurtenant facilities authorized by section 2.
(b) Notwithstanding sections 40E to 40I inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner is hereby authorized, subject to the requirements of this section, to acquire by purchase or by eminent domain pursuant to chapter 79 of the General Laws, any and all interests in the land and buildings deemed necessary by said commissioner to carry out the purposes of this act, including, but not limited to, the acquisition of land, buildings, and easements for drainage, access, utilities, and environmental mitigation.
The commissioner shall not acquire a site by eminent domain unless a competitive site selection process has first been conducted in conformance with subsection (d) and the commissioner determines that as a result of said process, it is not in the best interests of the commonwealth with respect to cost and other requirements of a project to acquire any of the proposed sites. The commissioner shall explain the reasons for such determination in a written report, which shall be available for public inspection.
(c) Notwithstanding sections 38A½ to 38O, inclusive, of chapter 7 of the General Laws, section 39M of chapter 30 of the General Laws, and sections 44A to 44J of the General Laws, inclusive, of chapter 149 of the General Laws, or any other general or special law regulating the design, construction, advertising, or bidding of design and of construction contracts, or any other general or special law to the contrary, the commissioner may select and contract with a single contractor to provide design/build services for the design and construction of the project; provided, however, that the design/build contractor shall be certified by the commissioner to perform the work required and shall be selected through a competitive process conducted in conformance with subsection (d).
(d) The commissioner shall develop procedures for site selection or procurement of design/build services in consultation with the office of the inspector general. Said procedures shall include but shall not be limited to the following provisions:
(1) The commissioner shall obtain the site and design/build services utilizing sealed competitive proposals unless the site has been acquired by gift. The commissioner shall solicit proposals through a request for proposals which shall include: the time and date for receipt of proposals; the address of the office to which a proposal shall be delivered; proposed contractual terms and conditions, some of which may be deemed mandatory or non-negotiable; standards by which acceptability will be determined as to quality, workmanship, results of inspections and tests, and suitability for a particular purpose; all evaluation criteria that will be utilized by the commissioner; and such other matters as may be determined by said commissioner. The request for proposals for design/build services shall also describe the scope of the design/build project and identify all quality and performance requirements for said project.
(2) Evaluation criteria for selecting the site shall include, but not be limited to, location in areas of cities and towns, as authorized by section 2, which are in need of revitalization and renewal and where such revitalization and renewal are deemed important by the municipality for acquisition and other costs. Evaluation criteria for design/build services shall include, but not be limited to, relevant technical and management experience of the offeror’s proposed design/build team, including subcontractors, the financial stability and resources of the offeror, quality of construction materials, and the costs and life cycle of installed equipment.
(3) Public notice of each request for proposals shall be published at least 3 weeks prior to the time specified in such notice for the receipt of proposals in the central register published by the state secretary and in a daily newspaper of general circulation in the municipality or county where each project is proposed. The request for proposals for design/build services shall also be published in at least 1 trade journal of national distribution.
(4) Each request for proposals may incorporate documents by reference; provided, however, that the request for proposals shall specify where offerors may obtain such documents. The request for proposals for design/build services may provide for the separate submission of price, and so provided, shall indicate when and how offerors shall submit the price, and shall specify that bid security in a form specified by the commissioner and in an amount equal to 5 per cent of the proposed contract price shall accompany such proposal. The commissioner shall make copies of each request for proposals available to all offerors on an equal basis. The commissioner may conduct pre-proposal conferences and interviews with interested parties prior to receiving proposals. An offeror’s proposal shall be unconditional except as provided in this paragraph. An offeror may correct, modify, or withdraw a proposal by written notice received in the office designated in the request for proposals prior to the time and date set for the opening of proposals.
(5) At the opening of the proposals, the commissioner shall prepare a register of proposals which shall include the name of each offeror and the number of modifications, if any, received. The register of proposals shall be open for public inspection. After the opening of the proposals, an offeror may not correct, modify, or withdraw the price or any other provisions of its proposal in a manner prejudicial to the interests of the commonwealth or fair competition. The commissioner may waive minor informalities or allow the offeror to correct them.
(6) The commissioner shall not open the proposals publicly, but shall open them in the presence of 1 or more witnesses at the time specified in the request for proposals. Notwithstanding any general or special law to the contrary, until the completion of the selection process, the contents of the proposals and the selection process shall not be disclosed to competing offerors and shall not be public documents.
(7) The commissioner shall appoint a site selection committee and a design/build selection committee which may be the same committee. The design/build selection committee shall be composed of experts in design, construction, and court administration, including the chief justice for administration or his designee. The appropriate committees shall evaluate the proposals received by the commissioner. Each selection committee shall conduct its evaluations of the proposals based solely on the criteria set forth in the request for proposals. In the event that price proposals are to be submitted separately from proposals for design/build services, the design/build selection committee shall not evaluate these and the commissioner shall not disclose such price proposals to the committee until the committee has completed its evaluation of the proposals for design/build services.
(8) For each proposal, the appropriate selection committee shall specify in writing on each evaluation criterion a rating of highly advantageous, not advantageous, or such additional rating as the committee finds reasonable, and shall specify in writing a composite rating for each proposal and the reasons for such composite rating.
(9) The commissioner shall make a determination of the most advantageous proposal for the site and for design/build services from a responsible and responsive offeror based upon the ratings given to the proposals by the appropriate selection committees. If price proposals have been submitted separately for design/build services, the commissioner shall also base such determination on an evaluation of such price proposals. The commissioner may negotiate all contract terms not deemed mandatory or non-negotiable with such offerors. If, after negotiation with such offerors, the commissioner is unable to finalize a contract for either acquisition of the site or for design/build services, or both, that is in the commonwealth’s best interests, the commissioner may negotiate with the offeror of the next most advantageous proposal submitted by a responsible and responsive offeror based upon the ratings of the appropriate selection committee and upon an evaluation of the relevant price proposal if separately submitted.
(10) The contract to acquire the site and the contract for design/build services shall be awarded by the commissioner to the responsible and responsive offerors submitting the most advantageous proposals based upon the evaluation criteria set forth in the request for proposals and the terms of the negotiated contract. The commissioner shall complete the selection process by written notice to the selected offeror or by notice of rejection to all proposers, as specified below. The commissioner may reserve the right to reject any or all proposals if it is in the public interest to do so.
(11) For the purposes of this section, the term “responsible offeror” shall mean a person, corporation, or other organization or entity which has the capability to perform fully the contract requirements, and the integrity and reliability which assures good faith performance, and the term “responsive offeror” shall mean a person, corporation, or other organization or entity which has submitted a proposal which conforms in all respects to the request for proposals.
(12) If the commissioner awards the contract to acquire the site or the contract for design/build services to an offeror which did not submit the lowest price proposal, the commissioner shall explain the reasons for such award in writing, which shall be available for public inspection.
(13) Prior to execution of a design/build contract, the selected offeror shall furnish to the commissioner a performance bond and payment bond, each in the sum of the contract price and issued by a surety company qualified to issue bonds in the commonwealth and satisfactory to the commissioner. If the selected offeror fails to execute a contract or to furnish the necessary bonds within the time period specified in the request for proposals, the commissioner may award the design/build contract to the offeror of the next most advantageous proposal.
(14) The commissioner shall return the bid security to all design/build offerors which are not selected. The design/build selection committee shall have conferences describing relative strengths and weaknesses of each proposal with the other qualified offerors which were not selected if the offerors request to have such conferences.
(15) The commissioner shall prepare a written report of the reasons for its selection determinations and any subsequent determinations to negotiate with additional proposers, including the recorded votes, if any, that were taken which shall be available to the public.
(e) The commissioner shall submit final procedures for site selection or procurement of design/build services to the inspector general for comment at least 30 days prior to the publication of notice of request for proposals. Such procedures and the inspector general’s comments shall be submitted to the governor, the senate president, the speaker of the house and the members of the general court at least 45 days before the execution of any contract for site selection or procurement of design/build services.

SECTION 6. The commissioner of the division of capital asset management and maintenance is hereby authorized, notwithstanding chapter 7 of the General Laws, to grant easements for drainage, access, utilities and other purposes, as deemed necessary by the commissioner to carry out the purposes of this act.

SECTION 7. The division of capital asset management and maintenance, in consultation with the appropriate district attorney, is hereby authorized and directed to provide adequate space allocation to accommodate the staff of the district attorney’s office, including executive and administrative staff, the grand jury unit, superior court staff, appellate unit staff, or any other unit of said office in any newly constructed, reconstructed, or substantially renovated courthouse facility. No design, redesign, construction, or renovation of any court facility referenced in section 2 shall be finalized by the commissioner of the division of capital asset management and maintenance until a formal presentation has been given to the district attorney on the design plans for the new, reconstructed, or substantially renovated facility. Further, said division of capital asset management and maintenance, in consultation with the appropriate county sheriff, is hereby authorized and directed to provide adequate space allocation in courthouses constructed, reconstructed, or substantially renovated in the commonwealth to accommodate the duties and responsibilities of said sheriff. No design, redesign, construction, or substantial renovation of any court facility referenced herein shall be finalized by the commissioner of the division of capital asset management and maintenance until a formal presentation has been given to the county sheriff on the design plans for the new, reconstructed, or substantially renovated facility.

SECTION 8. Notwithstanding any other provision of this act or of any general or special law to the contrary, the commissioner of the division of capital asset management and maintenance is hereby authorized and directed to promote the use of the latest technologies available in order to ensure the best available air quality standards are employed in each project funded pursuant to section 2 that is initiated or designed after the effective date of this act.

SECTION 9. Notwithstanding any general or special law to the contrary, all court facilities constructed or reconstructed with funds authorized in section 2 shall be constructed so as to accommodate state of the art telecommunications equipment.

SECTION 10. (1) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
“Division”, the division of capital asset management and maintenance.
“Developer”, the private entity selected to design, build, maintain, and operate the new Lowell district court facility in the city of Lowell.
“Development Agreement”, the agreement entered into between the developer and the Division, pursuant to subsection (4).
“Project”, the study, planning, design, construction, reconstruction, operation, and maintenance, including capital maintenance, of a new Lowell district court facility in the city of Lowell in accordance with the terms of the agreement described in subsection (4).
“Commissioner”, the commissioner of the division of capital asset management and maintenance.
(2) Notwithstanding chapters 30, 30B and 149 of the General Laws or any other general or special law to the contrary, the commissioner may solicit proposals from, and negotiate and authorize the division to enter into a development agreement with, a developer to undertake, as appropriate, all or a portion of the project using, in whole or in part, private sources of financing.
(3)(a) The commissioner shall develop and publicly advertise a request for qualifications setting forth criteria for prequalification of developers, including minimum levels of experience, financial capability, bonding capacity and such other criteria as are deemed appropriate by the commissioner. The commissioner or his designee may consult with legal, financial, technical and other experts within and outside state government in the prequalification of developers. The commissioner shall also consult with the secretary of administration and finance in the development of a request for qualifications and with respect to the financial capacity of the respondents to such request for qualifications before determining which respondents are qualified. The commissioner shall, within 45 days after the effective date of this section, select a minimum of 3 developers, those which he has determined to be the most qualified, based on their abilities to finance, design, and construct the project.
Any selection made in response to a request for qualifications issued by the commissioner prior to the effective date of this act is hereby authorized and ratified if the request for qualifications is in a form which is consistent with the provisions of this section.
(b) The commissioner shall develop and publicly advertise a request for proposals setting forth criteria of the qualified developers to undertake the project. The commissioner or his designee may consult with legal, financial, technical and other experts within and outside state government in the development of the request for proposals, the selection of a developer and the negotiation of a development agreement. The commissioner shall not select a developer in accordance with the provisions of this section without the written concurrence of the secretary of administration and finance that the selected developer and its proposal have appropriate financial characteristics and provisions.
The commissioner shall, within 30 days after the designation of the selected qualified developers, furnish each qualified developer, as determined in paragraph (a), with a request for proposals setting forth the minimum criteria for the project. Each such developer may then submit to the commissioner, on or before the time and date specified in the request for proposals which shall be within 90 days of the issuance of the requests, a proposal in the format specified by the commissioner. The commissioner may waive any and all informalities in such proposals and reject any or all proposals if, in his sole discretion, such a rejection would be in the public interest. All proposals shall be reviewed in private and no proposal or any information contained therein shall be released to a third party other than as specified herein nor to execution of the development agreement in accordance with the provisions of this section, nor shall any such proposal be deemed to be a public record until such development agreement is executed.
Each proposal shall be evaluated by criteria determined by the commissioner and set forth in the request for proposals including, but not limited to, the proposed cost of the project and the financial benefit to the commonwealth, the reputation, industry experience and financial capacity of the developer, the proposed design of the facility, the time schedule proposed for completion of the project, local citizen and government concerns, environmental concerns relative to the project, benefits to the traveling public, the developer’s ability to ensure labor harmony during the length of the project and such other criteria as the commissioner deems appropriate. The commissioner may request oral presentations by such developers as he deems necessary for the purpose of understanding, clarifying and improving the terms contained in any such proposals. An oral presentation shall include a written component, including minutes of the meeting in which the presentation took place, which shall be made public after the execution of the development agreement. The commissioner shall, within 60 days of the receipt of proposals from the qualified developers, select the developer which he determines best meets the selection criteria for the benefit of the commonwealth. Within 5 days of the selection of the developer, the commissioner shall notify the joint committee on state administration of his choice. Within 15 days of that notification, the commissioner and the selected developer shall make a presentation of the details of the development agreement to the joint committee on state administration. Any of the deadlines contained in this section may be extended up to 60 days, in 15-day increments, upon the provision of written notice by the commissioner to the joint committee on state administration.
If the commissioner selects a developer which did not submit the proposal offering the lowest overall cost, the commissioner shall explain the reason for the selection in writing to the joint committee on state administration not later than 5 days prior to the execution of the development agreement.
(4) The commissioner may enter into a binding development agreement with the selected developer, which development agreement shall:—
(a) provide for the design and construction of the project;
(b) specify a design and construction schedule with project milestones and an enforceable project completion date, subject to delays beyond the control of the developer;
(c) specify the cost of the project, as an aggregate total and separated into cost for each identified project segment, with maintenance costs annualized and separated from the cost of construction;
(d) provide for a lease of the facility to the developer or a lease of the facility back to the division for a term not to exceed 30 years upon the completion and final acceptance of the project, but the developer shall retain the primary responsibility for all reconstruction, capital maintenance and operational maintenance work, if any, to be performed during the lease period. If the developer proposes that a third party perform any such work on its behalf, then the third party shall be approved in advance by the commissioner;
(e) establish a schedule for annualized, periodic or other payments by the division to reimburse the developer’s capital outlay costs for the project, including interest expense, the costs associated with operations, maintenance and administration of the facility, payments made to the division for the costs of project oversight, technical and other services and establishment of a fund to assure the adequacy of maintenance expenditures but all payments made shall be in accordance with obligations established in the development agreement;
(f) describe the procedures to be utilized in the completion of design and construction of the project;
(g) outline the responsibilities of the division and the developer in obtaining any remaining environmental permits or approvals;
(h) require that the developer secure and maintain bonding and liability insurance coverage in amounts appropriate to protect the project’s viability in accordance with subsection 7;
(i) describe the method of financing for the project, including the developer’s plans for issuing bonds on a tax-exempt basis;
(j) set forth the commitments of the commonwealth necessary to secure the project’s financing consistent with paragraph (b) of subsection (10);
(k) set forth the guarantee of performance and security to be provided by the developer;
(l) specify the claims process to be utilized in the event of unforeseen circumstances during project design or construction and provide for the reimbursement to the developer for reasonable costs and expenses incurred in developing the design of the project and the construction cost estimate and in the financing of the project should the commonwealth, for any reason, determine to terminate the agreement;
(m) clarify the responsibilities of the division and developer in responding to hazardous materials on the development site;
(n) designate responsibility for operation and maintenance of the facility before, during and after project construction;
(o) provide that the division’s construction inspections shall be conducted by personnel employed directly and on a full-time basis by the division; and
(5) The division may enter into the development agreement. If 1 or more of the following conditions are met, the commissioner shall submit detailed project information and analysis to the joint committee on state administration, which will hold a public meeting to discuss the information provided by the commissioner. The committee may call before it any party to the development agreement. The information provided by the commissioner shall contain a detailed explanation for the occurrence of such condition or conditions and identifying terms and conditions for inclusion in the development agreement to address such condition or conditions:
(i) the total cost of the project, as anticipated in clause (c) of subsection 4, excluding ongoing maintenance expenses and interest payments, shall not be more than $85 million, and the developer shall be responsible for any costs in excess of such amount;
(ii) the selected developer plans to issue non-tax-exempt bonds;
(6) Agreements with the developer shall contain minority and women business enterprise or disadvantaged business enterprise goals and minority and women work force goals as specified by the commissioner in accordance with state and federal law.
(7) An agreement with a developer shall require the developer’s prime contractor to obtain a labor and material payment bond, in accordance with section 29 of chapter 149 of the General Laws, covering all construction, reconstruction, or maintenance, including capital maintenance, work of the project and shall require the payment of prevailing wages for labor performed on the project in accordance with sections 26 to 27H, inclusive, of said chapter 149.
(8) Notwithstanding chapters 7, 30, and 149 of the General Laws or any other general or special law to the contrary regarding procurement practices, the developer shall, in its sole discretion and in accordance with its own procurement practices and sound business judgment, determine the qualifications and selection of its own consultants, engineers, designers, architects, lawyers, contractors, investment bankers, materials suppliers and other persons or entities employed in connection with the project. The developer shall remain subject to all applicable anti-discrimination laws including, but not limited to, chapter 151B of the General Laws.
(9)(a) The plans and specifications for the project shall be approved by the commissioner and the chief justice for administration and management of the trial court.
(b) The development agreement shall provide that, upon return of operation and control of the facility to the division, the facility shall be in good repair in accordance with appropriate division standards as shall be set forth by the division in writing and incorporated by reference in the development agreement prior to the commencement of the construction of the project. The division shall also set forth the guidelines and standards to which the developer shall periodically maintain the facility and shall require the developer to repair the facility if the facility is found not to be in accordance with such maintenance standards, as shall be indicated by the commissioner in writing.
(c) The division may exercise, on its own behalf and on behalf of the developer, any power possessed by it to facilitate the development, construction, financing, operation and maintenance of the facility. For the purpose of facilitating the project or to assist the developer in the financing, development, construction, maintenance or operation of the facility, the development agreement may include provisions for the division to lease the facility to the developer or back from the developer or both; to exercise the power of eminent domain; to grant development rights and opportunities to the developer and third parties; to grant necessary easements and rights of access to the developer and third parties; to issue permits and other authorizations; to provide remedies in the event of default of either of the parties; to grant contractual and real property rights to the developer and third parties and to exercise any other power deemed necessary by the parties. Any person damaged in his property by the exercise of any of the powers granted by this section may recover damages under chapter 79 of the General Laws against the commonwealth with respect to said powers exercised by the division. Nothing in this section shall be construed in a manner which would allow the division or the developer the ability to override any local zoning or land use law, ordinance or regulation.
(10)(a) In order to facilitate project financing, the selected developer may form a special purpose entity and the commissioner may enter into agreements with such entity to effectuate the purposes described in this section.
(b) Revenue bonds, interim receipts, temporary bonds, revenue refunding bonds or other types of indebtedness necessary to finance the design, construction, maintenance and operation of the facility shall not be deemed to constitute a debt of the commonwealth or any political subdivision thereof or a pledge of the faith and credit of the commonwealth or any such political subdivision. All bonds and interim receipts shall contain on the face thereof a statement to the effect that neither the commonwealth nor any political subdivision thereof shall be obligated to pay the same or the interest thereon except from revenues generated by the facility, or from other federal, state or local resources specifically made available therefor, and that neither the faith and credit nor the taxing power of the commonwealth or any political subdivision thereof is pledged to the payment of the principal of or interest on the bonds and interim receipts.
(11)(a) While the developer has operation and control of the facility in accordance with the terms of the development agreement, the developer shall be liable to the same extent and with the same limitations as would be the commonwealth to any person sustaining bodily injury or damage to his property by reason of a defect or want of repair therein or thereupon as though the facility were a facility operated by the commonwealth, and the developer shall be liable for the death of any person caused by such defect or want of repair to the same extent and with the same limitations as would be the commonwealth in accordance with the provisions of chapter 258 of the General Laws. The commonwealth shall not be liable for injury, damage or death sustained by any person by reason of defect or want of repair therein or thereupon sustained during the operation of the facility by the developer. Any notice of such injury, damage or death required by law shall be given to the registered agent of the developer and to the commissioner, but claims instituted pursuant to section 4 of said chapter 258 shall be presented to the commissioner. Upon receipt by the commissioner of any such notice, the commissioner shall promptly notify the registered agent of the notice and shall promptly notify the person giving notice of the name and address of the registered agent.
(b) While the developer has operation and control of the facility in accordance with the terms of the development agreement, the developer shall be liable to the same extent and with the same limitations as would be the commonwealth in accordance with the provisions of chapter 258 of the General Laws, as if the facility were a facility operated by the commonwealth. The commonwealth shall not be liable for injury, damage or death sustained by any person during the operation of the facility by the developer, nor for any injury, damage or death caused by the negligence of the developer. Any notice of such injury, damage or death required by law shall be given to the registered agent of the developer and to the commissioner, but claims instituted pursuant to section 4 of said chapter 258 shall be presented to the commissioner. Upon receipt by the commissioner of any such notice, the commissioner shall promptly notify the registered agent of the notice and shall promptly notify the person giving notice of the name and address of the registered agent.
(12) This section shall be specific to the Lowell trial court facility. Within 3 months of completion of construction of the project, the commissioner shall file a report with the house and senate committees on ways and means, the joint committee on state administration and the clerks of the house and senate. Said report shall detail the actual costs incurred by the developer in the design and construction stages of the project and the aggregate cost expected to be incurred by the division, broken down into annual amounts for each year covered under the development agreement, including any anticipated costs for annual maintenance. If actual yearly costs differ from those contained in the report, the commissioner shall submit a written explanation for the difference in his annual budget request to the house and senate committees on ways and means. The report shall also include an analysis comparing the aggregate cost with the expenses the division would have incurred under a traditional design-bid-build approach.
The commissioner shall include in the report a recommendation of whether it would be beneficial for the commonwealth to utilize the construction approach authorized in this section in conjunction with other large construction projects. If the recommendation is positive, the report shall include a comprehensive list of criteria which other projects should meet in order to access this method, and a detailed list of lessons learned on this project which can be incorporated into future projects. No further projects may be undertaken utilizing the method authorized in this section unless and until the commissioner has filed the report required by this section and has received legislative authorization to expand this approach to other projects.
Throughout the duration of the project, from the execution of the development agreement to the completion of the lease, the joint committee on state administration may call, at its discretion and upon 14 days’ notice, a public hearing on the status of the project and may request the attendance of such witnesses as are appropriate to the subject of said hearing.

SECTION 11. Notwithstanding any general or special law to the contrary, the courthouse located in the town of Ware and the temporary courthouse located in the town of Hadley shall be closed on July 1, 2007. All judicial proceedings of the district court of eastern Hampshire shall be held in Belchertown pursuant to the provisions of section 1 of chapter 218 of the General Laws.

SECTION 11A. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of capital planning and operations, the chief justice for administration and management, the secretary of the executive office of public safety shall study the costs and benefits of locating regional lockups and pre-trial detention centers at or within appropriate trial courts. Said study shall be conducted on a statewide basis, but shall include, a study of locating such lockups and detention center facilities in trial court facilities in the city of Lowell. Said study shall be completed no later than December 31, 2004 and a report thereof shall be submitted to the house and senate committees on ways and means.